Kosovo’s Former Prime Minister, Ramush Haradinaj, Cleared of War Crimes

By Alexandra Sandacz
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – Ramush Haradinaj, a former guerrilla fighter in Kosovo and a former prime minister, was acquitted of war crimes. Haradinaj was charged with the torture and murder of Serb civilians and suspected collaborators while he was a commander of the Kosovo Liberation Army during its fight for independence in 1999.

Ramush Haradinaj is greeted by Prime Minister, Hashim Thaci, and crowds of cheering people. (Photo Courtesy of The New York TImes)

According to court documents, detainees were “given very little food or water, were regularly beaten and subjected to other forms of physical mistreatment, and denied medical treatment for their injuries. A number of prisoners … died as a result of their injuries, or were executed on orders of the accused.”

Aleksandar Vulin, the head of the Serbian government office for Kosovo, commented, “An acquittal of Haradinaj by the ICTY would be a message that it is allowed to kill Serbs in Kosovo. How can we talk about the fate of missing persons, justice for those killed and return of those exiled, if a man who talk part in all this is set free?

In 2008, Ramush Haradinaj’s was initially acquitted of the suspected war crimes. However, his acquittal was overturned. The appeal judges determined that a retrial was necessary because of witness intimidation. Despite his retrial in 2010, Haradinaj and co-defendants, Idriz Balaj and Lahi Brahimaj, were cleared of all charges.

Judge Bakone Moloto said that although there was evidence that the Serbs and their supporters were beaten at a KLA compound in Kosovo and at least one of them had died from their injuries, there was, however, no evidence of Haradinaj’s involvement in the attacks.

Mr Haradinaj’s lawyer, Ben Emmerson, stated, “With the consent of the people, he [Ramush Haradinaj] will soon be resuming his rightful position as the political leader of the country.” Subsequently, Haradinaj’s face appeared on billboards in Kosovo with the slogan, “the leader who keeps his word” and “forward with a clean slate”.

President Tomislav Nikolic of Serbia, claimed the tribunal for the former Yugoslavia was “formed to try the Serbian people” for the wars of the 1990s. However, he continued, “Nobody will be convicted for the horrible crimes against Kosovo Serbs.”

In fact, Amnesty International expected that nearly 800 non-Albanians were detained and killed by Kosovo rebels during the 1990s, but few people suspected of such crimes were prosecuted in Kosovo.

The judges ordered Haradinaj and two of his associates to be released immediately. After spending almost four years in jail, Haradinaj returned to Kosovo and was welcomed by the prime minister and cheers by large crowds on the streets.

For further information, please see:

BBC News – Kosovo ex-PM Ramush Haradinaj cleared of war crimes – 29 November 2012

NBC News – Kosovo ex-premier Haradinaj cleared of war crimes again – 29 November 2012

The New York Times – War Crimes Court Frees Former Leader of Kosovo – 29 November 2012

The Guardian – Ramush Haradinaj awaits new verdict on Balkan war crimes charges – 25 November 2012

Legislation Intended To Cut Police Corruption

By Brendan Bergh
Impunity Watch Reporter, South America 

LIMA, Peru – In the wake of public outcry the Interior Ministry of Peru has decided to enact new legislation and standards to combat the corruption that has so completely permeated the national police force.

Peruvian traffic cop accepting a bribe. (Photo Courtesy of Peru This Week)

Police corruption is nothing new. But the levels in Peru have run to such levels that reports from the US Department of State and Us Bureau of Diplomatic Security indicate that “corruption and impunity remained problems,” as noted that “Police have been known to solicit bribes in order to supplement their salaries or may readily accept bribes when offered.” The problem is so rampant that in 2007 the Policia Nacionel del Peru noted “Continuity of corruption cases… damage the image of the PNP.”

The levels of police corruption radiate throughout. From local police officers who readily accept bribes for traffic violations or drug enforcement operations. Earlier this year in San Ignacio, a group of police officers captured drug traffickers attempting to illegally ship cocaine paste, however the 200 kilos of cocaine where never entered into evidence as the eight arresting officers took the drugs for their own personal use. Prosecutors met harsh resistance from officers claiming no illegal activity.

To combat this, the Interior Minister Wilfredo Pedraza Sierra announced that they will set in place a new system of investigation action in the National Police of Peru (PNP) to increase disciplinary actions and end the clout of impunity that has protected police officers in the South American country.

This new system is intended to increase punishments for the corrupt, and reduce the time frame in which the accused will be prosecuted. This system will take case against policemen away from police courts and grant jurisdiction to civil and criminal courts with jurors. This will take the power away from the police and give it to the people. In the past it was widely believed that

This is the latest in Peruvian president Ollanta Humala’s attempt to clean up the police within the country. Last year in his capacity as newly elected President, Humala replaced and fired two-thirds of the country’s senior police officers. Thirty of Peru’s police generals were forced into retirement, even a few without evidentiary links to corruption and drug trafficking.

This reform legislation is intended to clean up the image of the police force.  The Minister stressed their intention to fight policemen who have lost sight of their main creed “to provide safety and care for the citizenry.”

For further information, please see:

Andina, Agencia Peruana De Noticias – New System Of Investigation And Disciplinary Action Will Be In The PNP – 1 December 2012

RPP Noticias – Interior Minister Announces New Penalty System For Bad Cops – 1 December 2012

Peruvian Times – Prosecutor Investigates Police Over Drug Arrest In Puno – 24 May, 2012

BBC – Humala Sacks Peru Police Commanders In Corruption Purge – 10 October 2011

How To Peru – Police In Peru – October 5, 2011

Polish High Court Rules Kosher, Halal Meats Illegal

By Madeline Schiesser
Impunity Watch Reporter, Europe

WARSAW, Poland – On Tuesday, Poland’s Constitutional Court ruled that religious, or ritual, slaughter of animals used to produce kosher and halal meat is in violation of the constitution.  The ruling comes weeks before a European Union law is to take effect allowing the practice.

Under traditional Jewish shechita and Muslim dhabiha slaughter, it is impermissible to stun an animal into unconsciousness. (Photo Courtesy of BBC News)

Animal rights groups had petitioned Attorney General Andrzej Seremet to bring the case before the court.  In June, Seremet argued that ritual slaughter for religious purposes was unconstitutional, and that a 2004 amendment allowing the practice violated a 1997 animal rights law permitting slaughter only “following the loss of consciousness” after stunning.

Although former Agricultural Minister Wojciech Olejniczak has claimed that the purpose of the 2004 amendment was to place Polish laws in line with those of the EU, the court ruled that, in the words of Judge Zbigniew Cieslak, “a decree that is supposed to serve in the execution of a law, and the realization of its goals, cannot be in opposition to it.”

The ruling brings Poland into conflict with current international EU laws, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which includes sections on religious freedoms, such as the practice of ritual slaughter of animals.

Jewish and Muslim clerics have insisted that stunning an animal before slaughter is inconsistent with Jewish and Muslim practices for producing kosher and halal meats, respectively.

There are small Jewish and Muslim communities in the overwhelmingly Catholic nation of 38 million.  It is estimated that about 6,000 Jews and several tens of thousands of Muslims live in Poland.

However, Poland is also a leading producer in kosher and halal meats, exporting to other European countries, Arab countries, Turkey and Israel.  With two dozen slaughterhouses specifically specializing in kosher and halal meats, the export industry is valued at an estimated $259 million.

The same day that the court’s ruling is set to take effect, January 1, an EU directive (The European Convention for the Protection of Animals for Slaughter) also will become effect.  The EU directive will set common rules for ritual slaughter across the EU, but will also allow individual counties to decide whether or not to apply these rules.  Specifically, the new directive allows “derogation from stunning in case[s] of religious slaughter taking place in slaughterhouses,” but leaves “a certain level of subsidiarity to each Member State.”

Currently, Sweden has a complete ban on ritual slaughter.  Last year the lower house of parliament in the Netherlands voted to enact a similar ban before backing down in the face of controversy.  Non-EU countries Switzerland, Norway, and Iceland also have a ban.

Last year, during the Dutch debate on religious slaughter, Polish President Bronislaw Komorowski defended it as an ancient practice said there was “a crisis of tolerance” in Europe.

Poland’s Agriculture Minister Stanislaw Kalemba has promised “[t]here will be no doubt about this as of January 1.”  His ministry believes the EU law takes precedence and will act to remove any doubts about ritual slaughter’s legality in Poland.  His ministry has already licensed 17 slaughterhouses to practice Jewish or Muslim religious slaughter.

However, animal rights groups have said Poland may still opt-out of the EU laws. “It’s up to us to decide whether we want a law authorizing this kind of slaughter or not,” said Dariusz Gzyra of the campaign group Empatia.

Additionally, Piotr Kadlcik, president of Poland’s Union of Jewish Communities, has said he believes the ruling contradicts a 1997 law on relations between his Union and the Polish state.  “It appears there is a legal contradiction here and it is too early to tell what this means,” he said. “We are seeking legal advice on this right now.”

For further information, please see:

BBC News – Polish Ritual Slaughter Illegal, Court Rules – 28 November 2012

Polskie Radio – Ritual Slaughter of Farm Animals ‘Unconstitutional’ in Poland, Court Rules – 28 November 2012

France24 – Polish Court bans Ritual Slaughter, EU Gives Go-Ahead – 27 November 2012

Jerusalem Post – Polish Court Rules Against Ritual Slaughter – 28 November 2012

Kenyan Presidential Candidates Face ICC Charges

By Heba Girgis
Impunity Watch Reporter, Africa

NAIROBI, Kenya—Two Kenyan presidential contenders have been indicted by the International Criminal Court for allegedly inciting violence after the election. The two candidates said that next year they would join forces and run together on the same ticket. According to their deal, the Deputy Prime Minister Uhuru Kenyatta, the son of Kenya’s first president after acquiring independence from Britain in 1963, will aim for the presidency, while his partner, the former cabinet minister William Ruto will run for vice president.

Kenyatta and Ruto, both facing charges at the International Criminal Court, join together to run in Kenya’s next election. (Photo Courtesy of Reuters)

Thousands of people supporting the pair cheered as they unveiled their alliance at a rally in Nakuru, one of the worse hit regions by the post-election violence. Kenyatta said, “Our union is not to attack anyone, but to build Kenya, our work is to preach peace, and to make sure there is no blood spilt again.” He continued noting, “The journey to unite the country has started. We have the leadership that can bring Kenyans together…to build a country based on equality.”

However, alongside these hopes for peace, both Kenyatta and Ruto must stand trial at the International Criminal Court at the Hague for their role in orchestrating the post-election unrest that displaced more than 600,000 Kenyans.

Kenyatta alone faces five charges of crimes against humanity. These charges include murder, rape, persecution, deportation as well as other inhumane acts. Ruto also faces three charges of crimes against humanity. Both claim to be innocent of these allegations and remain free and willing to cooperate with the court.

Al Jazeera’s Reporter Mohammed Adow commented on the candidates’ political force in the country. He noted that Kenyatta comes from the larges ethnic group in the country while Ruto comes from the third most popular tribe in Kenya. He said, “So together, they actually make the winning ticket.”

Adow further commented on their situation with the International Criminal Court. “These are two men who’ve got charged of crimes against humanity hanging over their heads. Although they deny them, these are very serious charges and the International Criminal Court is trying to pin down convictions.”

The charges against these powerful political figures have shaken the country. Kenya’s political elite were once seen to be almost above the law. Now the country faces concerns and uncertainty as to any new violence that may erupt should the candidates be barred from running in the next election.

 

For further information, please see:

790 KGMI News – Kenyan Contenders Facing ICC Cases to Run Jointly in Vote – 2 December 2012

Al Jazeera – War Crimes Suspects Form Kenya Poll Alliance – 2 December 2012

News 24 – Kenya ICC-Indicted Leaders Do Poll Deal – 2 December 2012

Reuters – Kenyan Contenders Facing ICC Cases to Run Jointly in Vote – 2 December 2012

Student Protesters Tortured in Detention

By Ryan Aliman
Impunity Watch Reporter, Africa

 KHARTOUM, Sudan – According to a press release by the Arabic Network for Human Rights Information (ANHRI) the Sudanese national security service reportedly detained and tortured student protesters last week.

 

Police officers engage a protester in Nyala. (Photo courtesy of Radio Dabanga)

Members of the national security service arrested high school students in Nyala, a city in South Darfur. Although a number of these students were released a week after they were brought to custody, they claim that they were tortured and beaten up.

According to some of the students, the security officers would burn them with electric shocks using water and car batteries — a torture method they referred to as “water fire”. Officers would also use acid to burn their skin, leaving permanent marks on their bodies. Other protesters said that they were were hung upside down from the roof while being verbally insulted.

On the day the national security service released the students, the agency allegedly threatened to kill the demonstrators’ relatives if they pressed charges. One source mentioned that the security officers told them, “no one can counter us and have us arrested.”

The government denied the allegations. Instead, it insisted that the detention of the students was necessary primarily because they stole money and documents from an office located in the Hay al-Emtidad neighborhood in Nyala. Some of these documents are said to be confidential in nature; thus, would have compromised national security had these been exposed to the public.

Families of the detainees, however, believe a different reason behind the arrests and torture. When interviewed by Radio Dabanga, they said that “the real motive of the students’ arrest was because they were accused of participating in the Nyala protests during the Ramadan holiday this year, and not for stealing, as claimed by the security services.”

Students have also become frequent targets of police arrests recently due to the escalating number of student protests at the Nyala University. On Thursday, Islamist students and students supporting Sudan’s Liberation Movement led by Minni Minawi (SLM-MM) caused a riot at the university premises. Since then, not only did the university ban several student activities indefinitely, it also suspended classes in all faculties for one week.

Lawyers, activists and Nyala residents have condemned the “brutal” treatment the national security service gave the students. “The security bodies can’t continue to use this approach when dealing with protesters, as it is not acceptable after the Arab spring. The regime can’t be isolated from the demands of its people, the right to expression and demonstrations. The ANHRI rejects the repression and assassination of demonstrators, in addition to threats against the protesters’ relatives if they file reports,” said the ANHRI last week. In addition, the human rights agency called for an immediate investigation by the Sudanese government “to hold those responsible accountable and ensure justice.”

 

For further information, please see:

Radio Dabanga – Student detained by Nyala security services – 29 November 2012

International Freedom of Expression Exchange – Security forces in Sudan torture high school demonstrators – 28 November 2012

All Africa – Sudan: Nyala University Suspends Classes and Bans Student Activities – 26 November 2012

All Africa – Sudan: Students From Rival Parties Riot in Nyala – 23 November 2012

All Africa – Sudan: Students Reportedly Tortured in Nyala – 17 November 2012

The Arabic Network for Human Rights Information – Torture with Acid Water: NISS tortures high school students in Nyala – 16 November 2012