Voices for Sudan: End of Year Report

Magnitsky’s Mother Appeals to Moscow Bar Association For All Lawyers To Boycott the Posthumous Trial of Her Son

Press Release
Hermitage Capital

15 January 2013 – Sergei Magnitsky’s mother has appealed to Henry Reznik, the Chairman of the Moscow City Bar,  and through him to all members of the Moscow Bar to not participate as ” state appointed counsel” in the posthumous trial of her son. She made her request in a formal application filed with the Moscow Bar Association.

I regard participation in this unlawful action as cooperation with the violators of the law and human rights, and as aiding in the commission of a crime against my son,” said Natalia Magnitsky.

A preliminary hearing is scheduled for January 28, 2013 in the posthumous trial of Sergei Magnitsky at the Tverskoi District Court of Moscow.  Judge Igor Alisov will be chairing the trial. Ms Magnitsky and her lawyer will not participate in the trial after having filed more than 25 appeals seeking to stop the trial pointing out that it breaches the constitutional rights of Mr Magnitsky and his family. The Russian authorities have refused all the family’s petitions and threatened to appoint a new lawyer to represent Ms Magnitsky against her will if the family lawyer does not attend the trial.

Neither I, nor any other relatives of my son intend to participate in this act being orchestrated in the Tverskoi District Court of Moscow… A lawyer who may be asked [by authorities] to appear at the hearing may not be aware of the circumstances of the case and may not realize the unlawfulness of the posthumous prosecution of my son. However, his presence will allow the court to indicate the absence of violations of the right to defence, and thus through his presence the lawyer will serve as an unwitting accomplice to this crime,” Magnitsky’s mother said in her statement.

With the help of my son, the crimes of persons occupying high positions were exposed, and because of these crimes, they have become enormously rich. These individuals, especially at the present time, are interested to compromise my son. With this purpose, they organized this posthumous prosecution in order to obtain a knowingly unjust judgment and posthumously defame the honest name of my son,” said Natalia Magnitsky.

Deputy Prosecutor of Russia General Viktor Grin, clearly acting in the interests of persons exposed by my son and for which exposure he had paid with his own life, reversed the decision to discontinue the criminal proceeding against him, cynically exploiting the Constitutional Court ruling… The right to seek the opening of a previously discontinued criminal proceeding belongs exclusively to close relatives. Neither I nor any of the close relatives of my son have asked the law enforcement authorities to resume the proceeding,” said Ms Magnitsky in her appeal to Moscow lawyers.

“That is why I found it necessary to speak directly to you personally in order to warn you, and through you, the lawyers of the Moscow City Bar,” said Natalia Magnitsky to Henry Reznik, Chairman of the Moscow Bar Association.

“My son died in custody as a result of an unlawful criminal prosecution organized against him in retaliation for his role in exposing a group of officials, who for years stole from the budget billions of roubles under the guise of tax refunds … The reopening of a prosecution against my dead son without my consent and without the consent of other close relatives and against their will, is contrary to the aims and the legal meaning of the judgement of the Russian Constitutional Court… It distorts its legal purpose, violates the constitutional rights of my son, and especially in light of recent international events, is politically motivated,” said the mother of Sergei Magnitsky in her written statement addressed to Moscow lawyers.

 

For further information please contact:

Hermitage Capital
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Email:              info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org
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Opposition Leaders Arrested in Sudan

By Hannah Stewart
Impunity Watch Reporter, Africa

KHARTOUM, Sudan — On the night of January 14, Abdul-Aziz Khalid, Chairperson of the Central Council of the National Sudanese Alliance Party, was arrested at his home by Sudan’s National Intelligence and Security Service (NISS).  Reports state that he is being detained incommunicado in an undisclosed location.

Sudanese President Omar al-Bashir. (Photo Courtesy of IRIN)

Abdul-Aziz Khalid is the sixth political opposition member to be detained by NISS since a coalition of Sudanese political opposition parties and armed rebel groups attended political negotiations in Kampala, Uganda.  Dr. Jamal Idris, Enstar Alagali, Professor Mohamed Zain Alabidein, Dr. Abdulrahim Abdalla, and Hisham Al Mufti are also reportedly being detained by the NISS.  The African Centre for Justice and Peace Studies (ACJPS) fears that the six detainees are at serious risk of torture and ill-treatment

At the Kampala meeting on January 7, opposition leaders discussed the overthrow of President Omar Hassan al-Bashir’s regime in order to institute a national democratic alternative.

President al-Bashir has been under international scrutiny over the years for the events transpiring in Darfur.  The International Criminal Court (ICC) issued two arrest warrants for Al-Bashir for genocide, crimes against humanity and war crimes in Darfur in 2009 and 2010. The warrants charge him with criminal responsibility on 10 counts, including murder, extermination, forcible transfer of population, torture and rape.

The Kampala negotiations culminated in the adoption of the New Dawn Charter.  The charter calls on parties to work together to topple the regime through either “democratic civil peaceful means” or “revolutionary armed struggle.”  Abdul-Aziz Khalid signed the “New Dawn” document on behalf of the National Sudanese Alliance Party.

The ruling National Congress Party (NCP) of Sudan has publicly opposed the charter.  Sudanese authorities described the signatories as “traitors” and pledged that 2013 would be a year of “decisive action against armed opposition movements.”  The authorities also accused Ugandan President Yoweri Museveni of playing a “dirty role” in the region, asserting that they are aware of his conspiracies.

The Arabic Network for Human Rights Information (ANHRI) denounced the arrest of several opposition party leaders by security forces.  ANHRI stated that “the security forces’ harassment of the opposition is a serious violation of basic human rights and their freedom to express their political opinions and stances freely and safely.”

This comes at a time when the presidents of Sudan and South Sudan will hold their second summit in a month.  Sudanese President al-Bashir and South Sudanese President Salva Kiir are to meet on January 24, in an attempt to resolve tensions over oil, territory, military concerns and other disputes.

For further information, please see:

Sudan Tribune – Sudanese political opposition leaders detained incommunicado and at risk of torture – 15 January 2013

All Africa – Sudan: Security Forces Arrest Opposition Party Leaders – 9 January 2013

Al Monitor – Sudan Crisis Escalates as Dissidents are Arrested in Khartoum – 9 January 2013

Reuters – Leaders of Sudan, South Sudan to Meet in Second Push for Peace – 15 January 2013

Syrian Revolution Digest – Monday, 14 January 2013

Fahrenheit 40!

Fahrenheit 40 – the temperature at which skin freezes and children die, the temperature which some Syrian refugees will have to endure sheltered only by open skies and Heaven’s grace, as world leaders keep giving them cold shoulders, and hearts. Fahrenheit 40 – the temperature at which humanity loses all meaning, and neither God nor mammon seems to give a damn.

Today’s Death Toll: 151 (including 21 children and 12 women)

74 martyrs in Damascus and suburbs including 30 in Moaddamiya, 31 in Aleppo, 15 in Daraa, 9 in Homs, 8 in Hama, 7 in Deir Ezzor, 5 in Idlib and 2 in Raqqa  (LCCs).

Points of Random Shelling: 329: including 24 by war planes, 8 by cluster bombs, 2 by vacuum bombs and 2 by explosive barrels. Artillery shelling hit 127 locations, mortar hit 103 and rocket shelling hit 63 locations allover Syria(LCCs).

Clashes: FSA rebels clashed with regime army in 126 locations. In Deir Ezzor, FSA shelled the military airport with mortars; in Aleppo, Hanano Barrack was targeted; in Daraa, FSA captured some soldiers and officers in Basr Alharir, and in Damascus suburbs the FSA liberated the meteorological center located in east of the town in the Widyan Al-Rabie area and arrested a number of soldiers. The center was being used as headquarters for pro-regime militias (LCCs).

 

News

Syria refugees say rape is a key reason they fled, report says Rape is one of the primary reasons that Syrian refugees say they fled their country, “a significant and disturbing feature” of the war raging between rebels and Syrian government forces, the International Rescue Committee said Monday. In a new report based on hundreds of interviews in Jordan and Lebanon, the assistance group said refugees recounted Syrian women and girls being gang-raped in front of their families or assaulted by armed men in public. Others were kidnapped, violated, tortured and killed, the refugee aid group was told.

Syria Launches Deadly Airstrikes in Damascus Suburbs The government has mounted attacks for days to push rebels out of Daraya and neighboring Moadamiyeh, trying to increase the buffer zone around the nearby presidential palace and the neighborhood of Kafr Souseh, where some key security offices are.

Syria: Airstrike on Market Kills and Injures Scores The attack in Azaz, a city near the border with Turkey, was particularly devastating. It followed earlier airstrikes that hit health facilities in the city, making it almost impossible for local medical staff to cope with the scale of the latest emergency. The injured were transported to medical facilities elsewhere in the region, including to an MSF field hospital in the Aleppo area.

Syria rebels seize ‘game-changing’ arms cache Abu Hasan, a commander of Jabhat-al-Nusra, a group taking part in the capture of the base, told Al Jazeera that the weapons fighters seized will be a “game-changer” for the rebels. “These weapons will benefit us a lot in our work on the ground,” he said. “And by God’s will, we will capture more places like that one. They will have great importance on the battlefield.”

Syria: Army Using New Type of Cluster Munition Evidence indicates that Syrian forces used BM-21 Grad multi-barrel rocket launchers to deliver cluster munitions in attacks near the city of Idlib in December 2012 and in Latamneh, a town northwest of Hama, on January 3, 2013. These are the first known instances of Syrian use of ground-based cluster munitions.

Azeris Say Armenians Fleeing Syria Resettled in Separatist Area About 6,000 Syrians have sought refuge in Armenia, the New York Times reported last month, adding that an estimated 80,000 of Syria’s 120,000 Armenians live in Aleppo, where rebels have been battling government forces after pushing into the commercial hub in July.

 

Special Reports

6 Months Of Combat, And No Victor In Syria’s Biggest City
Some six months after Syria’s rebels tried to storm the country’s largest city, they can claim the eastern part of Aleppo and perhaps 60 percent overall. In the west, the government army has the remaining 40 percent of the city.

Aleppo Dispatch: The Dark Side of the Syrian Opposition
Ibrahim’s plight is indicative of the growing anarchy gripping Syria’s liberated areas. In a country where the rule of law is vanishing as the state increasingly recedes, every fighter is policeman and prosecutor. Some have embraced their newfound powers judiciously. Most, however, have abused it. This exploitation of the war has reduced support for nationalist FSA units. Instead, Syrians are increasingly backing Islamists who largely eschew the material spoils of war.

War crimes in Syria: Time to appeal to International Criminal Court?
Fifty-seven countries on Monday urged the UN Security Council to ask the International Criminal Court at The Hague to investigate possible war crimes in Syria. The call comes as other groups report a spike in sexual violence in Syria.

Syria’s ruined cities (VIDEO)
Six months ago the city of Maarat al-Nu’man was still functioning. Today it’s rubble. It’s a process that has played out over and over across Syria.

Syrian Purgatory
As winter clutches northern Syria, thousands displaced by the civil war take cold comfort in a temporary tent city.

IRGC Shows Its (True) Hand in Syria
By learning the positions of IRGC personnel operating in Syria, however, we can draw at least three important conclusions: first, the IRGC is deploying active duty combat commanders to Syria; second, the Quds Force is drawing from IRGC-GF personnel, indicating that they seek to draw on the Ground Forces’ training and experience conducting internal security and conventional or counter-insurgent operations; finally, several of the IRGC-GF personnel deployed to Syria hail from provincial units that face tribal and ethnic unrest (East Azerbaijan, Khouzestan, and Fars), further indicating that the Quds Force has tapped specific elements of the IRGC-GF for their unique experience in combating internal uprisings.

Fallout from the Fall of Taftanaz
For the rebels, the airbase capture indicates that major regime positions in the provinces are vulnerable. But it also suggests that better-defended areas — such as Damascus and environs, where regime forces are relatively dense and well supported — will remain a serious challenge. In addition, the battle raises questions about the regime’s strategy of maintaining some military presence, in every province. Although this approach allows Assad to maintain the image that he has not lost any province, it is costing the regime a good deal of personnel and equipment while providing the rebels with better arms and ammunition. Currently, several other northern airfields are under attack; if the rebels can overcome their organizational limitations and capture those bases as well, it would be a still greater, even strategic, defeat for the regime.

The Struggle for the Fertile Crescent
Syria’s sectarian civil war has upended the political equation across the region, from Baghdad to Lebanon.

 

Video Highlights

Leaked video: pro-Assad militias torture a captive by dragging his body around the streets of his neighborhood. At minute 4.44, the man asks: “For the sake of God, just let me say goodbye to my children.” The answer: “Would you let me fuck your wife? If you let me fuck your wife, I’ll let you see your children.” The man says: “My wife is my soul and the crown on my head.” The man gets struck a few more times for his trouble, the video ends with the men deciding to consult their colonel as to what to do next. We do not see the execution, but local activists report that the man was indeed executed.  http://youtu.be/_KI_t3IpmU0

Treating the wounded women and children of Kfarzeiteh, Hama http://youtu.be/xV72vJXOQFM ,http://youtu.be/mkmb_F-74FQ

Locals in Mouadamiyah Suburb in Damascus sift through the rubble in search of victims in aftermath of an aerial raid that killed 30 locals http://youtu.be/0_Bgh5VmWCg , http://youtu.be/pAfi5QfLd3M Dead children http://youtu.be/gyHExsuXxKs , http://youtu.be/8tDjgH1Clfg

Meanwhile, to the East, the suburb of Saqba and other towns in Eastern Ghouta are also pounded http://youtu.be/rjTR74ZcurE

Locals sift through the rubble in Haydariyeh Neighborhood in Aleppo City, in search of victims in the aftermath of an aerial bombardment http://youtu.be/gh67U6Krro0 , http://youtu.be/0e2MwOMqNZU The raid http://youtu.be/Y_dKo75oVpY

Rebels might have liberated the Taftanaz military airbase, but the regime took out its revenge on the town of Taftanaz turning it to rubble http://youtu.be/9VDxO24W3Jg Still, rebels are now in a position of several helicopter gunships http://youtu.be/6lR_uxy2X98

The town of Talbisseh, Homs, is hit with incendiary cluster bombs from a passing warplane. Local activists confuse these bombs with phosphorous bombs http://youtu.be/wFs9mlIb6Og

In the town of Saida, Daraa, rebels stormed the headquarters of the pro-Assad militias after weeks of clashes, many were killed on both sides, but rebels managed to captures 20 officers in hope to setting up another prisoners swap. But, according to local activists, pro-regime militias went on a rampage arresting civilians from buses and threatening to kill the lot if rebels failed to free their comrades. Eventually, both sides released their captives. The headquarters set on fire http://youtu.be/wZT3BnsA_aA Some of the rebels killed during the attack http://youtu.be/qU9EdCaYGVM

Thousands Gather to Protest New Anti-Adoption Law

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Sunday, thousands of individuals gathered in Moscow to protest Russia’s new law banning Americans from adopting Russian children. A vast number of individuals showed their outrage with President Vladimir Putin and expressed their rage with his government’s ability to make orphans a counter attack on the United States in a political dispute.

Thousands gather to express anger over new anti-adoption law. (Photo Courtesy of RFE/RL)

The new anti-adoption law was rushed through parliament in response to a recent U.S. law that places sanctions on Russian officials suspected of involvement in human rights abuses.

Despite the winter conditions, police reported that an estimated 9,500 people participated in the march, including many with children and baby strollers. However, opposition organizers put the figure at 30,000 or more.

Protestors continuously shouted “shame on the scum,” and hoisted in the air posters of President Vladimir Putin and members of Russia’s parliament who voted for the retaliation law last month.

Individuals who oppose the new adoption ban believe it victimizes children to make a political point. Furthermore, the ban is evidence that Putin and his parliament have lost the moral right to maintain power in Russia.

Former Duma Deputy, Gennady Gudkov, also attended the march. She stated, “I disagree with this law, I think that the authorities now are in a state of hysteria, they are totally lost. They don’t understand what to do with the country, for the country, for the people.

Interestingly, the loudest voice to oppose the new anti-adoption law is a blind Russian high schooler. Natasha Pisarenko blogged sarcastically, “Mr. Putin was ‘saving children from American evil,’ and Russians rarely adopt disabled children because the country’s medical system is backward and can’t take care of them. They [the children] die because Russia doesn’t have modern medicine.”

Concluding, Natasha challenged Mr. Putin to adopt five or 10 children with serious congenital disorders.

The Kremlin, however, has used the adoption controversy to accuse the opposition as “unpatriotic and in the pay of the Americans.”

Likewise, Russian lawmakers justified the adoption ban by 19 deaths of Russian-born children who were adopted by American parents. The law is named after Dima Yakovlev, a boy who died after his adoptive American father left him locked in a sweltering car. Lawmakers believe U.S. Courts and police are too lenient with the deceased children’s American parents.

When Putin signed the law at the end of December, he also ordered improvements of conditions to be made for orphaned children, and the head of the Russian Orthodox Church, encouraged Russians to adopt.

For further information, please see:

The Washington Times – Blind teen sees inequality in Russia’s adoption ban – 14 January 2013

Radio Free Europe/Radio Liberty – Thousands March in Moscow Against Adoption Ban – 13 January 2013

Reuters – Russians protest against ban on adoptions by Americans – 13 January 2013

USA Today – Thousands march to protest Russia’s adoption ban – 13 January 2013