A Voice for the Voiceless

DR Congo Faces New Armed Rebel Group

By Heba Girgis
Impunity Watch Reporter, Africa

KINSHASA, DR Congo—The Democratic Republic of Congo has already been struggling to stem unrest in its eastern region. Now another challenge arises. A newly formed armed rebel group has just announced its goal of seeking to topple President Kabila’s government regime.

Thousands of people flee from their homes following the fighting in the eastern region. (Photo Courtesy of PressTV)

This group claims to have the support of other civil society members as well as political figures from South Kivu and North Kivu. The group also claims to be striving for justice “for high treason” by the President. This group has entered a busy arena. DR Congo has already been trying to contain rebels from the M23 (Movement of March 23) group that have been fighting the DR Congo army since last May in a neighboring North Kivu province.

The new rebel group said that it wants the United Nations to help it organize “democratic elections and rapidly reinstate political order capable of reducing the misery of Congolese people, and build the foundations of a real republic with proper participatory democracy.”

The head of the International Committee of the Red Cross (ICRC), Franz Rauchenstein, noted that “many people have had to flee out of fear for their safety. Civilians have also suffered violence, looting and extortion,” he added.

Laetitia Courtois, the head of the ICRC sub-delegation in the province, also commented on the violence: “Violence between armed groups is now on the rise again in South Kivu. The fighting is getting closer and closer to the city of Bukavu. At the same time, clashes are affecting remote areas, such as the Kahale territory to the north of Bukavy, and the Walungu and Shabunda territories to the southwest.

During the month of January, the ICRC has transferred dozens of people wounded in the fighting from Walungu to nearby hospitals in Bukavu. The ICRC has also moved six severely malnourished children from the Kabare territory to Bukavu.

Over the past few decades, the DR Congo has faced many problems including extreme poverty, crumbling infrastructure, and a war in the east that has continued since 1998 and that has also left 5.5 million people dead.

In response to this violence, the United Nations have agreed to add another 2,000 soldiers to its already in place peace keeping mission in the Democratic Republic of the Congo. This, what they call an “intervention brigade,” will help to tackle the armed group that have continued to prolong conflicts in the eastern part of the country.

 

For further information, please see:

The New Age – New Rebel Group Forms in DR Congo – 3 February 2013

PressTV – Humanitarian Situation Worsening in DRC – 3 February 2013

AllAfrica – Civilians Suffer Amid Shifting Centers of Violence – 1 February 2013

Political Analysis South Africa – UN Increases Commitment to the Democratic Republic of the Congo – 29 January 2013

Italian Court Convicts C.I.A. Agents in Absentia for Abduction

By Madeline Schiesser
Impunity Watch Reporter, Europe

MILAN, Italy – An appeals court in Milan has vacated acquittals for the former head of the U.S. Central Intelligence Agency (C.I.A.) in Italy and two agents, and instead convicted them in absentia for the 2003 kidnaping and torture of an Egyptian cleric and terror suspect, Abu Omar, as part of the C.I.A.’s extraordinary rendition program.

Muslim Cleric Abu Omar was abducted off the streets of Milan by C.I.A. agents in February 2003. (Photo Courtesy of Corriere Della Sera)

C.I.A. Rome station chief, Jeffrey Castelli, and C.I.A. agents Betnie Medero and Ralph Russomando were originally acquitted by a lower court in November 2009 on diplomatic immunity grounds.  However, the Milan appeals court, upon reversing the decision after prosecutors appealed, sentenced Castelli to 7 years, and Medero and Russomando to 6 years each.

Twenty-three others were convicted in 2009 in relation to the abduction, including Milan C.I.A. station chief, Robert Seldon Lady, twenty-one C.I.A. agents, and an air force pilot.  Seldon was ultimately sentenced to 9 years in prison and the remaining agents and pilot each ultimately received a sentence of 7 years.  They convictions were upheld by Italy’s high court last September, which stiffened the sentences.  However, having long since fled Italy, none of the convicted has ever been in Italian custody and they will likely never serve prison time.  Yet, they could risk arrest if visiting Europe.  Furthermore, the Italian government has never formally sought their extraditions.

The appeals against Castelli and the two agent’s acquittals were separated from the other convictions in the higher courts for technical reasons.  While the court is expected to release its reasoning in 15 days, Medero’s defense lawyer, Alessia Sorgato, claims the decision noted extenuating circumstances.  She believes that the court found that “they acted on orders of a superior.”  She may decide to appeal after reading the court’s reasoning.

The appeals court’s decision means that every one of the 26 Americans tried in absentia for the abduction has now been found guilty by an Italian court.  U.S. extraordinary rendition practice, instituted during the presidency of George W. Bush, is generally tolerated in Europe.  The cases represent the first time that agents of the C.I.A. have been convicted for extradition and conduct allegedly leading to torture.

The 2003 abduction was a joint operation coordinated by the C.I.A. and Italy’s Military Intelligence and Security Service (S.I.S.M.I.).  Five former members of S.I.S.M.I. were charged in 2009, but acquitted due to state secrets.  In September, the Italian high court ordered a new trial of the former S.I.S.M.I. agents, finding that state secrecy had been used as an illegitimate ‘cover’ for immunity.

As for Abu Omar, whose full name is Osama Moustafa Hassan Nasr, he was an Egyptian Muslim cleric, or imam, who had moved to Italy seeking political asylum.  However, he became one of the most well documented suspects in the C.I.A.’s extraordinary rendition program.  On Feb. 17, 2003, when walking on a Milan street near his Viale Jenner mosque, Nasr was grabbed by a group of men, tossed in a van, and driven to NATO’s Aviano Air Base.  From there, he was transferred to Germany and then flown to Egypt, where Nasr claims he was tortured for seven months.  Nasr continued to be held without formal charges until 2007, when he was released by an Egyptian court.

The CIA has declined to comment on the decision of the Milan appeals court.

Amnesty International has expressed its hope that the ruling will shed light on C.I.A. tactics of the Bush presidency.  Julia Hall, Amnesty’s expert on counterterrorism and human rights said, “Many European governments are deeply implicated in the rendition and secret detention program[] and any court attempting to find out the truth about these practices is welcomed.”

For further information, please see:

Al Jazeera – Jail Term for Ex-CIA Rome Chief – 2 February 2013

Politico – Milan Court Convicts 3 Americans in CIA Kidnapping – 2 February 2013

ABC News – Italian Court Convicts 3 Americans in CIA Kidnapping Case – 1 February 2013

Corriere Della Sera – Caso Abu Omar, Condannato a Sette Anni l’Ex Capo Della CIA in Italia [Abu Omar Case, The Former Head of the CIA in Italy Sentenced to Seven Years] – 1 February 2013

Global Post – Former CIA head in Italy convicted for imam kidnap – 1 February 2013

NBC News – Italian court convicts 3 Americans in CIA kidnapping – 1 February 2013

New York Times – Italian Court Convicts 3 Americans in Kidnapping Case – 1 February 2013

Violence In Colombia Continues As Rebels Return To Terrorist Roots

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BOGOTA, Colombia – Peace talks have not stifled the Revolutionary Armed Forces of Colombia (FARC), and as leaders continue to hammer out a peace agreement with the Colombian government in Cuba, loyalists soldiers have stepped their insurgent activities. Since the unilateral cease-fire ended last week, FARC armed forces have continued hit and runs strikers and begun kidnapping soldiers and contractors throughout the country.

FARC and Colombian Soldiers clash over Kidnappings. (Photo Courtesy of the Telegraph)

Last April in a motion of good faith the FARC claimed to have released all government forces under its control. However this past effort seems to have ended, along with the oil contractors captured, FARC rebels have re-begun their efforts and started taking members of the armed forces as “prisoners of war.” FARC rebels vowed to keep capturing armed forces and started seizing military and armed forces, and begun by seizing two police patrolmen, the first in FARCs storied history of kidnapping dozens of politicians, police officers and armed forces.

These new resurgence of kidnapping could harm the FARC peace talks. While some lawmakers speculated that should the peace talks go successfully, they may take part in the national elections next year. However governmental terms require that they lay down their arms permanently, a feat that is unlike going to happen until the peace talks have concluded.

Even if there is peace with the FARC rebels, their reintegration into society is likely to be a sore sport for many civilians. Many still feel the sting and continue to be victims of these paramilitary groups as they integrate themselves within civilian society. Looking back many still cringe as members of the M-19 rebel group won 19 seats and the mayor ship of Bogota after they disarmed after an assault on the Palace of Justice.

Since in the end of the ceasefire FARC has started targeting military structures, oil infrastructure and the contractors associated with them. After a tense standoff on Thursday which left 6 insurgents and 5 soldiers dead, FARC agreed to release 3 oil workers they had kidnapped earlier that week. Of the actions President Juan Manuel Santos claimed “They’re increasingly weak. They Increasingly have to resort to acts demonstrating their weakness, to terrorist acts, and now to kidnappings.”

Despite these new kidnappings Colombia’s Chief negotiator, Humberto de la Calle claims that they would not stray from their negotiations.  However the possibility that the conflict will continue is a constant threat, de la Calle continued “We’re going to Havana to end the conflict, that is what we agreed. And if it’s not like that, they should tell us at once, so as not to waste the time of the government nor the Colombians.”

For more information, please see:

Semana – Crisis In Havana – 2 February 2013

Reuters – Colombia Rebels Free Oil Workers, 11 Killed In Combat – 31 January 2013

Reuters – Colombia Rebels Seize Three Oil Workers, Blow Up Energy Tower – 31 January 2013

Reuters – Colombia Sets Hurdles For FARC Rebels To Join Politics – 31 January 2013

Reuters – FARC Rebels Vow To Keep Capturing Colombian Security Forces – 30 January 2013

 

Man Charged Over Photoshopped Mugabe Picture

By Ryan Aliman
Impunity Watch Reporter, Africa

HARARE, Zimbabwe – Last week, a man was arrested for “photoshopping” a picture of President Robert Mugabe.

 

Analysts say that President Robert Mugabe is protected from criticism by various insult laws that criminalize comments and actions that show ridicule or contempt towards the leader or his administration. (Photo courtesy of AP/Wikileaks Press)

Zimbabwean police received information that Ronald Chikambure, a professional graphic designer, had a manipulated photo of the President posted on his office wall. In the photo, Chikambure’s head was said to be placed onto the body of President Mugabe while he was inspecting a guard of honor. The government then charged Chikambure with “undermining the authority of the President”.

According to the prosecution, what Chikambure allegedly did was against the country’s “insult laws”. “The picture had been edited to give a false impression to people who entered Chikambure’s office that it was him in the picture, and not the President,” prosecutor Stanley Ncube said during an interview with the local press.

However, when the police raided Chikambure’s office, they did not find the reported picture. Instead, they found a soft copy of the image, along with the photo editing software Photoshop, in his laptop.

Represented by his lawyer Jonathan Tsvangirai. Chikambure pleaded not guilty before Zvishavane magistrate Story Rushambwa during his hearing on Tuesday. Since then, he was remanded out of custody to February 14 on a 100USD bail.

Activist Phillip Pasirayi from the Centre for Community Development in Zimbabwe (CCDZ) told SW Radio Africa that Chikambure’s arrest is a mockery of justice and democracy. “We are still living in a dictatorship,” he exclaimed. “In an advanced democracy it is normal to criticize political leaders and government leaders in such a fashion. And the government should be drawing lessons from what the criticisms are about.”

He suggested that the government should “reflect on that which they are insulted by and address the concerns without restoring to insult laws to prosecute people.”

Pasirayi also speculated that this incident is part of the government’s scheme to intimidate its critics. “This strategy of muzzling people, it is a strategy of ZANU PF to silence critics, to silence civil society, to silence the media, to silence anyone,” he said.

Apparent in the increasing number of criminal cases under the “insult law” is the government’s growing “paranoia”, according to Pasirayi. Last year, a local carpenter was arrested for making a joke about President Mugabe. While watching a live coverage of President Mugabe’s 88th birthday celebrations, the carpenter reportedly suggested that the Zimbabwean leader must have had help blowing up his birthday candles.

“Making a joke, drawing a caricature or changing a picture for personal use should not be an offence,” Pasirayi finally added.

 

For further information, please see:

SW Radio Africa – Zim man charged over Photoshopped Mugabe image – 1 February 2013

News Zimbabwe – Photoshopped Mugabe snap lands man in court – 31 January 2013

All Africa – Zimbabwe: Insult Laws Stifle Debate – 1 August 2012

SW Radio Africa – Zim carpenter charged over Mugabe joke – 29 February 2012

UN Rights Experts Advise Russian Duma to Scrap Bill on ‘Homosexuality Propaganda’

Press Release
United Nations Human Rights

GENEVA (1 February 2013) – A group of United Nations independent human rights experts today called on the lower house of the Russian parliament to discard a draft bill to establish administrative penalties for “propaganda of homosexuality among minors,” which has already been approved by the State Duma.

The experts on freedom of expression, human rights defenders, cultural rights and the right to health warned the bill may undermine the enjoyment and promotion of human rights in Russia, unjustifiably singling out lesbian, gay, bisexual, transgender and intersex people, who have increasingly become the target of sanctions and violence in the country.

“Any restriction on freedom of opinion and expression should be based on reasonable and objective criteria, which is not fulfilled by the draft bill approved during the first reading by the Duma,” said the Special Rapporteur on freedom of opinion and expression, Frank La Rue. “The law could potentially be interpreted very broadly and thereby violate not only the right to freedom of expression but also the prohibition of discrimination.”

The Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, warned that this legislation could be used to unduly restrict the activities of those advocating for the rights of LGBT individuals. “The draft legislation could further contribute to the already difficult environment in which these defenders operate, stigmatizing their work and making them the target of acts of intimidation and violence, as has recently happened in Moscow,” she stressed.

“We fear that such laws, in practice, will exacerbate an already difficult situation for LGBT individuals wishing to express their identity, and will hamper the organization of cultural events or dissemination of artistic creations addressing LGBT issues,” highlighted the Special Rapporteur in the field of cultural rights, Farida Shaheed. She further underlined that LGBT youth would be particularly affected.

Stressing the bill’s ambiguous wording, the Special Rapporteur on the right to health, Anand Grover, warned that “banning ‘propaganda of homosexuality’ may not only penalize those who promote sexual and reproductive health among LGBT people, but will also undermine the right of children to access health-related information in order to safeguard their physical and mental health.” Far from protecting children, the proposed law would potentially harm them by re-enforcing stigma and contributing to a discriminatory environment, which would put them at increased risk.

Pointing out that the “window of opportunity is still open” to reverse the decision during the next two readings at the Duma, the UN experts urged parliamentarians to “exercise leadership by scrapping the bill to ensure the full enjoyment of human rights and fundamental freedoms in Russia.”

ENDS

UN Human Rights, country page – Russian Federation: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/RUIndex.aspx

UN Human Rights, thematic issue page- Discrimination based on sexual orientation and gender identity: 
http://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx

For more information log on to:
Freedom of expression:http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
Human rights defenders: 
http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
Cultural rights:http://www.ohchr.org/EN/Issues/CulturalRights/Pages/SRCulturalRightsIndex.aspx
Right to health: http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx

For media inquiries related to UN independent experts:
Cécile Pouilly, UN Human Rights – Media Unit (+ 41 22 917 93 10 / cpouilly@ohchr.org)

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