ICC Office of the Prosecutor Weekly Briefing 4-23 July 2012, Issue #127
Syrian Revolution Digest -Friday 27 July 2012
THE COMMENTARY IN THIS PIECE DOES NOT NECESSARILY REFLECT THE VIEWS OF IMPUNITY WATCH.
*WARNING VIDEOS MAY CONTAIN GRAPHIC IMAGES*
500 Days of Night. 500 Days of Light.
Syrian Revolution Digest – July 27, 2012
Judging things through the visor of international reactions, the past 500 days in Syria were an age of darkness and missed opportunities. But examining the situation from the point of view of an activist, every day that passed brought more people to the cause, and for all the complications still involved, that is a major achievement. Things will never be the same. Fear is gone. The spell is broken.
Friday July 27, 2012
Today’s Death toll: 110. The Breakdown: 30 in Daraa, 23 in Damascus and Suburbs, 22 in Aleppo, 11 in Deir Ezzor, 10 in Hos, 5 in Idlib, 3 in Hama, 2 in Lattakia, and 1 in Raqqah.
Cities & Towns Under Shelling: Harasta, Arbeen, Moadamiah, Harran Al-Awameed, Zabadani, Madaya, Eltal, Dmeir, Hameh, Yelda, Rankous, Qarrah (Damascus Suburbs), Sit Zeinab, Al-Qadam, Modan, Al-Hajar Al-Aswad, Yarmouk, Kafar Sousseh, Mazzeh, Qaboun, Barzeh (Damascus City), Daraa City, Khirbet Al-Ghazaleh, Tafas, Bostra Al-Sham, Na’eemah, Mseifrah, Jimreen, Hraak (Daraa), Rastan, Talbisseh, Houla, Tal Kalakh, Al-Qusayr, Al-Hosn, Al-Ghanto, Al-Bouaydah, Old Homs (Homs Province), Hreitan, Elbab, Eizaz, Marei, Bayanoun (Aleppo Province), Haffeh, Jabal Al-Akrad (Lattakia), Deir Ezzor City, Mouhassan, Albou Kamal (Deir Ezzor Province), Kafar Zeiteh, Hawash, Shahshabo, Hama City (Hama Province), Jabal Al-Zawiyeh, Ma’rrat Al-Nouman, Saraqib, Maar Shoureen, Ariha, Kafroumah, Al-Rami, Khan Shaikhoon (Idlib).
News
Aleppo short on weapons, medical supplies as Syria’s next big battle looms
Assad’s fall only matter of time: former U.N. Syria mission chief
Russian warships not to enter Syria port: Navy chief
UNESCO Calls For Protection Of Heritage Properties In Syria
Poland closes embassy in Syria as crisis worsens
Syria: Inmate Describes Fatal Assault on Prisoners
Syria rebels ready for ‘mother of all battles’
Rebels hold Syria loyalists in Aleppo, Idlib
Syrian refugees flock to Iraq to escape violence
2 Western Photographers Freed From Syria Captivity
Op-Eds & Special Reports
Brief History of Aleppo: A Great World City Now in the Grip of War As Syrian government forces and rebels clash in Aleppo, TIME takes a look at the history of this ancient, cosmopolitan city now locked in a state of war
Syria’s Christians, Caught in the Middle of Worsening Chaos Every effort must be immediately made to anticipate the potential for post-Assad retaliation against civilians such as Alawites, Christians, and other minorities associated with the regime (or who simply stayed out of the fight)- and to form a real and workable strategy to prevent it, or to stop it if all hell begins to break loose.
Kurdish worries drag Turkey deeper into Syria war Turkey may be some way from acting on Prime Minister Tayyip Erdogan’s threat to strike Kurdish separatists in Syria, but week by week it finds itself sucked ever further into its neighbor’s worsening war.
By Ceding Northeastern Syria to the Kurds, Assad Puts Turkey in a Bind Ankara has been a key backer of Syria’s rebellion, but the prospect of an Iraq-style autonomous Kurdish zone has Erdogan threatening to intervene
Syria regime ‘reeling, armed to the teeth’ with chemical weapons Like a three-card monte player, the Syrian government has been shifting its chemical weapons around the country in the midst of the country’s increasingly violent and chaotic civil war, leaving foreign intelligence agencies to guess where the outlawed weapons of mass destruction might end up – and under whose control.
Meeting the Syrian Opposition in Antakya and Istanbul … It is very difficult on the ground to be sure who it is that you are really talking to and what they represent… Turkish officials maintain a striking degree of control over Syrian opposition forces inside Turkey… the Muslim Brotherhood is pervasive not only within the Syrian National Council (SNC), but among many opposition groups… there is a striking cynicism and anger among fighters within Syria toward the outside world for not providing enough practical support.
Alawistan Bashar al-Assad may be gearing up to create an Alawite statelet along Syria’s coastal mountains. And he has the means to do it.
Kurdish flag-waving unnoticed in Syria Whatever has happened on the ground, which restricted media access to Syria makes very difficult to confirm, the recent assertion of Kurdish authority in northern Syria has led to speculation about Kurdish demands in a post-Assad era.
Assad’s Theater of the Absurd
An example of the kind of propaganda espoused by Assad’s official media organs:
This footage was originally broadcast on the official Souriyya Ikhbariyyah TV network and uploaded by supporters of Bashar al-Assad on July 23, 2012. It depicts a news report claiming that American corporations funded by Qatar and Saudi Arabia are constructing life-size replicas of major Damascus neighborhoods in Hollywood to stage the fall of the capital. It also claims that senior level defections are being staged “and will be played by famous actors.” http://youtu.be/GjW5jlSqsRU
The inspiration for this storyline came out of a joke on Facebook, a joke that was actually mocking the Syrian regime’s propaganda. Regime supporters, it seems, did not get the joke and ended up believing and adopting the story!
Another story in this vein concerns the arrival in Doha of an Assad look-alike who is meant to play him delivering a concession speech. The included picture can be downloaded and amplified for the English version.
Some of the news anchors in Assad’s propaganda machine, however, could not stomach having to peddle these lies. Here is Oula Abbas, an anchorwoman at Ikhbariyyah, announcing her defection and accusing the regime of stoking sectarian sentiments http://youtu.be/J0UzfzK0fAI
Meanwhile, there were more political defections, including the Syrian Ambassador in Belarus, Taha Farouqhttp://youtu.be/ETMm_DOgzkI and an MP representing Aleppo, Ikhlas Badawi.
Now it’s Official
After so many months of lies on part of Assad’s propagandists speculations on part of international experts, and dithering on part of international leaders, the incitements and the neglect combined to create a vacuum in areas around Syria that was finally filled by the wrong elements that we were all fearing and warning against. Al-Qaeda is here. But guess who is trying to contain them: the FSA.
Here is Colonel Afif Solaiman, head of the Military Council of Idlib, explains how they freed two western journalists kidnapped by AQ and held for ransom http://youtu.be/lzknOugbvSo
The FSA is unlikely to try to fight against the emerging AQ network at this stage, since both have a common enemy they are fighting against: the Assads. But eventually, the two sides will have to battle out. This is another reason why the FSA should be supported.
Video Highlights
In Mayadeen, Deir Ezzor Province, the indiscriminate pounding http://youtu.be/EQr-NDqZG7Q claimed many lives and left many injured http://youtu.be/I6dmizQTxoo , http://youtu.be/g1xVkjylPo8 But local FSA unit still fought back and destroyed an invading tank http://youtu.be/pPLLTKAvPfU
In Aleppo City, the pounding by helicopter gunships http://youtu.be/RlgWVZEqLmQ of Firdos Neighborhood leaves many dead http://youtu.be/2OjXHu5aXxs But members of Al-Tawhid Brigade managed to capture the local police station arresting over 100 pro-Assad militias http://youtu.be/IGgNcM68aGM
In Daraa City, the indiscriminate pounding http://youtu.be/tkHwBH2SEIM , http://youtu.be/4wPD5TmvEbk of theMokhayam District left many dead http://youtu.be/fNdzjVDofYU , http://youtu.be/dWGgWQivM1M The Mokhayam’s population is a mix of Palestinians and Syrians.
In Damascus, the pounding by helicopter gunships of other restive suburbs and neighborhoods continues:Moadamiyah http://youtu.be/ZyD5MlkEUnE
In Homs Province, Old Homs, Rastan, Talbisseh and Houla continue to be pounded: Houlahttp://youtu.be/yFGHktDjgiE Rastan http://youtu.be/mcd7fEy8CZU Talbisseh http://youtu.be/1sLhwTCi64Q Old Homs (Baba Amr) http://youtu.be/kkmlnRcsRyc
While the pounding of cities and towns continued unrelenting, Friday witnessed as well the usual protest rallies still calling for toppling the regime, and the birth of a new democratic Syria.
Kafrenbel, Idlib: http://youtu.be/5Zcy9UZ7-vs Binnish, Idlib http://youtu.be/e1tg3iOrlC4
Shaar Neighborhood, Aleppo City: protesters chanted for Al-Tawhid Brigade which is now in controlhttp://youtu.be/Rc8ZtUSFvZo
Kafarzeiteh, Hama: http://youtu.be/EAHFeeWMYsg Khattab http://youtu.be/s-vNta9iGVk
Janoub Al-Malaab, Homs City: http://youtu.be/6cqiQVQXJOw
Douma, Damascus: http://youtu.be/kTOV_PBWxJ8 Qarrah http://youtu.be/mcDnvEI-kSI
Abtaa, Daraa Province: People chant “the Syrian people are one: Muslims and Christians”http://youtu.be/THh4ZrX6SiM
EU appoints Special Representative for Human Rights
By Pearl Rimon,
Impunity Watch Reporter, Europe
BRUSSELS, Belgium — The Council of Europe appointed Stavros Labrinidis as the EU Special Representative for Human Rights. Labrinidis’ new role puts him in charge of enhancing the effectiveness and visibility of the EU human rights policy. He will work with the European External Action Service. He begins his official role on September 1st, which runs until June 2014.
Labrinidis is the former minister of foreign affairs of Greece and a Vice President of the European Parliament. His appointment is a result of the EU’s Strategic Framework and Action Plan on Human Rights and Democracy that was adopted on June 25.
EU foreign affairs chief Catherine Ashton announced the appointment in Brussels today. “Human rights are one of my top priorities and a silver thread that runs through everything that we do in external relations,” she said. “With his talent and huge experience, Mr. Lambrinidis will be a tremendous asset to us. I look forward to working with him in putting the protection and promotion of human rights and democracy at the heart of EU external action, and enhancing the coherence, effectiveness and visibility of our work in this field.”
Labrinidis was chosen ahead of French human rights ambassador François Zimeray and Astrid Thors of Finland, a former European affairs minister. The Council of Europe said the role had been created to “enhance the effectiveness and visibility of EU human rights policy.”
Lambrinidis’ past experience includes being deputy chairman of Parliament’s civil liberties, justice and home affairs committee. He was also the chairman of the committee for human rights in the Washington DC Bar Association.
Dany Cohn-Bendit, co-president of the Greens/European Free Alliance Grup in the Parliament, said “The creation of this new post is an important signal of the priority the EU gives to the promotion of and respect for human rights, democracy and the rule of law.”
Labrinidis’ role requires him to be the voice for those who suffer from human rights violations. Barbara Lochibler, chair of the Council of Europe’s human rights subcommittee describes the appointment described Labrinidis; new role, “The Special Representative must be a reliable voice for the people who suffer human rights violations. He should keep an eye on the bilateral and multilateral relations of the EU and monitor the implementation of human rights with international partners: in foreign and economic policy as well as in development cooperation. Last but not least, there must be coherence between the EU’s internal and external policies as regards human rights.”
For further information, please see:
New Europe — EU Appoints Human Rights Chief – 26 July 2012
European Parliament — MEPs congratulate new EU human rights envoy, Stavros Lambrinidis – 25 July 2012
Public Service Europe — Labrinidis Appointed EU’s First Human Rights Envoy – 25 July 2012
New Motions in Challenge to Lawyer Access Rules at Guantanamo
By Mark O’Brien
Impunity Watch Reporter, North America
WASHINGTON, United States — In a motion filed this week, the U.S. Justice Department requested just one federal judge decide which rules apply to lawyers representing suspects being held at the U.S. Naval Base in Guantanamo Bay, Cuba.
Government lawyers asked for Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia to be the decider in a growing dispute between the government and defense lawyers.
The issue is whether detainees who have lost their one-shot habeas cases can have continued access to their counsel.
“Respondents request that the instant Motions for Counsel Access be referred to a single judge for a coordinated ruling on the counsel-access issue that will govern in these and all other Guantanamo Bay habeas cases,” the motion stated.
According to Politico, Guantanamo leaders have tried “to unilaterally impose rules for lawyers’ visits to Guantanamo when no court proceedings are pending. Lawyers for some inmates have complained that they should continue to be covered by orders issued by judges in Washington. They argue that prisoners are free to file successive petitions for release, so the visits are directly tied to potential litigation.”
The filing stems from a case in which Yasin Qasem Muhammad Ismail, a Yemeni national detained at Guantanamo, was told he no longer had the right to see his counsel after losing his habeas petition. An email from the Justice Department to Ismail’s lawyer reportedly said Ismail could only meet his lawyer if the lawyer signed a new “memorandum of understanding.” Ismail’s lawyer, David Remes, described that new MOU as giving the government “absolute authority over access to counsel.”
According to Scotusblog, Remes challenged the new MOU earlier this month in federal court.
“As long as [Ismail] is detained, he retains the right to pursue any available legal avenues to obtain his release,” Remes argued, according to court papers.
As Scotusblog put it, those other avenues include “the right to file a new or amended habeas challenge, or to file a formal motion to have his case reopened in District Court.”
But this new legal challenge is not the only complaint defense lawyers have raised regarding the system for terror suspects detained at Guantanamo.
Just last week, lawyers for Saudi defendant Abd al Rahim al Nashiri alleged that the military official in charge of the tribunal attempted to rig the Guantanamo court to deliver the death sentence. Nashiri is charged in connection with planning the al Qaeda attack on the USS Cole off the coast of Yemen in 2000, killing 17 sailors and injuring dozens more.
The defense accused retired Vice Admiral Bruce MacDonald of “unprecedented bureaucratic meddling” in instructing the judge how to carry out jury selection, something normally left to the judge alone.
The instructions would result in a jury panel “that numerically favors a death sentence,” said Lieutenant Commander Stephen Reyes, a lawyer for Nashiri.
For further information, please see:
Lawfare — On Continued Counsel Access at Gitmo and the Government’s Filing — 27 July 2012
Politico — Feds: Single Judge Should Rule on Rules for Lawyers at Guantanamo — 26 July 2012
Reuters — Defense Lawyers say Guantanamo Court Rigged to Deliver Death Sentence — 19 July 2012
The Christian Science Monitor — Guantanamo Judge Refuses to Step Aside — 17 July 2012
Scotusblog — Are “Boumediene Rights” Expiring? — 13 July 2012
Death Squad Decision Infuriates Public
By Margaret Janelle Hutchinson
Impunity Watch Reporter, South America
LIMA, Peru – President Ollanta Humala has announced that the State Prosecutor will appeal a 3-2 ruling handed down by the Supreme Court last Friday which reduced prison sentences for the country’s former spy chief, Vladimiro Montesinos, and members of a paramilitary death squad known as the Grupo Colina.
The Colina group, wearing masks, machine-gunned 15 people, including an 8-year-old boy, in the courtyard of a tenement building in Lima’s Barrios Altos district in 1991 and kidnapped, tortured and murdered nine students and one professor at La Cantuta University in 1992.
Other crimes of which they were accused included the murder in May 1992 of 10 small farmers in the Santa Valley, north of Lima, allegedly at the personal request of General Hermoza, and the assassination in December 1992 of Pedro Huillca, the influential leader of the national workers’ union, CGTP, who had called for a national strike against then President Fujimori’s privatization efforts. The death and dismemberment of intelligence agent Mariella Barreto also was attributed to members of the squad.
In 2004, investigative journalist Ricard Uceda published Muerte en el Pentagonito, a well-documented report on the human rights violations by the military intelligence service in their fight against terrorism between 1982 and 1993, with key details of the death squads kidnappings, torture and incineration of victims in the basement of the military headquarters in the San Borja district of Lima.
Released in 2011, a meticulously detailed documentary, La Cantuta en la Boca del Diablo, traces the work of investigative journalist Edmundo Cruz into the death of the university students and professor, who were pulled out of their dorm rooms at the Chosica campus before dawn and never seen again. Some of their scattered remains were found near the water treatment plant in east Lima and more remains were found between the hillsides on the road to Cieneguilla. In some cases, confirmation of their whereabouts was only made by matching keys to their dorm lockers, found buried among the pieces of lime-bleached bones in the desert.
The Supreme Court’s argument to annul the qualification of crime against humanity was that the squad was acting as part of a chain of command within the army and that they were fighting terrorists.
At the time, Peru was locked in a bloody conflict with the Shining Path, a Maoist-inspired insurgency that sought to topple the government system.
The president of the Supreme Court, Javier Villa Stein, said that while the killings were human rights crimes, they are not necessarily crimes against humanity.
Peruvians have reacted with widespread anger and are voicing their opposition in the streets of Lima. In a video victims’ family members spoke out against impunity. One woman interviewed said: “[The judge] says that it is not crime against humanity. But what about my son? He was eight years old and they shot him with seven bullets in his body and one in his face.”
The President’s wife, Nadine Heredia tweeted: “Crimes of the Colina group and their leaders should not be forgotten. This ruling stains the honor of our country!”
“To kill a child is a terrible crime but that doesn’t convert it into a crime against humanity,” Stein said.
Human rights attorney Gloria Cano, who represents 14 victims of the Colina group, said the ruling contradicts a 2001 decision by the Inter-American Court of Human Rights that deemed the killings crimes against humanity.
“In our country, the military are in prison while the terrorists are already out,” Stein said.
Writing for the court, Judge Javier Villa Stein said the men could not be made to serve sentences for crimes against humanity because the prosecutor in the case had not specifically sought to convict them on that charge. The prosecutor refutes that, however, as do court documents filed in 2005.
In 2009, ex-President Alberto Fujimori, who took office in 1990, was found guilty on charges for sanctioning the death squad.
The Supreme Court’s decision trimmed the prison sentences of 15 former military men as well as Mr Montesinos, who as national security adviser to Mr. Fujimori helped him maintain power through violence, bribery and intimidation.
The court also overturned the aggravated murder conviction and 15-year sentence of Montesino’s army intelligence chief, Alberto Pinto, for providing financial and logistical support to the Colina group.
Pinto was released from prison on Tuesday.
Defendants convicted of crimes against humanity in Peru are not eligible for parole. Those convicted of murder are eligible after serving two-thirds of their sentence.
Mr. Montesinos himself will not be eligible for parole any time soon. He has been convicted of a series of other crimes including running guns to Colombian rebels.
Peruvian courts have found that the Colina group committed 53 murders of supposed left-wing rebel sympathizers and other civilians from 1991 to 1996 with the knowledge and aid of high-ranking officials who gave the group state funds, medical insurance, cars, weapons and training.
For further information, please see:
Al Jazeera – Peru: Outrage over death squad decision – 26 July 2012
Fox News Latino – Peruvians Outraged Over Possible Release of Death Squad – 25 July 2012
Morning Star – Court Ruling Court Free Peruvian Death Squad Members – 25 July 2012
Peruvian Times – Humala Says State Attorney to Appeal Supreme Court Ruling that Lightens Sentence of Death Squad and Montesinos – 24 July 2012