Argentine Soldiers From Falklands War Open Case Against Military Commanders for Torture and Abuse

by Emilee Gaebler
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – As the 30 year anniversary of the Falklands war passes by, new tensions are brewing in the island community.  Argentina’s President Cristina Fernández de Kirchner is still asserting an Argentine claim over the archipelago, which goes against the current British governance that exists.

Ex-soldier Rubén Gleriano recounts being staked to the ground for ten hours. (Photo Courtesy of MercoPress)

The 74-day war, for control of the Falklands, took place between Britain and Argentina from April to June of 1982.  The war was brief but very violent; with 649 Argentinian soldiers being killed and 225 British soldiers.

A recent class action lawsuit was started by conscripted Argentine soldiers who fought in the Malvinas (what the Argentines refer to the Falklands as).  Led by Nobel Peace Prize winner, Adolfo Perez Esquivel, the suit claims that human rights violations were committed by the Argentinian military commanders.  Over 100 ex-soldiers are now part of the suit.

During the first week in April, the case made an Amicus Curiae presentation before the Argentine Supreme Court at the Tribunals Palace in Buenos Aires.  Criminal Chamber Prosecutor, Javier de Luca asked that the court rule on whether the claims of torture and other abuses practiced on conscripted soldiers could be called war crimes.

The claims include stories of beatings, lack of food, psychological punishments and even being staked to the ground.  Rubén Gleriano, one of the conscripted soldiers who is part of the suit, recalls that on May 27, 1982, he was caught stealing food.  Gleriano says that he stole because he was starving.  The only food he had received in the past two days was a chocolate bar on May 25, as a celebration of Argentina’s national day.

The punishment inflicted on Gleriano for this was staking him to the ground for a period of ten hours, from 4pm until 2am the next morning.  The night was freezing cold and Gleriano almost died from hypothermia that night.  He did not regain consciousness until 2 days after his fellow soldiers were able to sneak out and take him down from the stake.

Similar stories are repeated by the other conscripted soldiers who were forced to fight for Argentina.  Rations were rarely provided, often soldiers were given a days worth of food and told they had to make it last for a week.  Suitable clothing to protect against the cold was never provided and half of the weapons given to soldiers were not functioning.

Following the war, studies show that roughly 400 Argentine veterans have committed suicide.  Soldiers who were released from their conscription were forced to sign a silence agreement that banned them from recounting the stories they had of the war, even to their own families.  It is only recently that a true picture of the Falklands/Malvinas war has emerged.  Much of this is attributed to the fact that the war was a point of embarrassment, something that Argentina wanted to cover up.  Additionally, the acts were done during a brutal military dictatorship, something which the current government wants to distance itself from.

Despite this, the court ruled that the crimes had prescribed.  Those involved in the case will still pursue their claims.  A report that was commissioned shortly after the end of the war, the “Rattenbach Report,” was recently given to President Fernandez.  The report was never released as it was considered to be “too crude and damning towards the commanding officers.”  The ex-soldiers, abused in the war, hope that in the end justice will prevail.

 

For more information, please see;

MercoPress – Malvinas Veterans Revisit Scenes of War Where They Were Tortured by Their Officers – 20 April 2012

The Guardian – Falklands War: 30th Anniversary  a “Day for Reflection” – 2 April 2012

Space War – Argentine Falklands Vet Sue for Abuse, Torture – 1 April 2012

Denver Post – 30 Years After Falklands War Visible Scars Remain – 31 March 2012

MercoPress – Legal Actions Against Argentine Officers who Tortured Conscripts During Malvinas War – 26 March 2012

Solitary Confinement for 40 Years? Amnesty International Says It Is Inhumane

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – On the 40th anniversary of their confinement, Amnesty International turned over a petition signed by 65,000 people to Governor Jindal (Louisiana) to release two men from solitary confinement.  The two men have sat in isolation – 23 hours a day – for the last forty years.  Now, many believe the extreme form of imprisonment is cruel, unusual and unnecessary.

Two of the three men remain in solitary confinement after 40 years, even after questionable convictions. (Image courtesy of Amnesty International)

Albert Woodfox, 65 and Herman Wallace, 70 were placed in isolation at the Louisiana State Penitentiary known as Angola Prison on April 17, 1972, according to Amnesty International.  The two men were convicted of murdering a prison guard.  However, the two have constantly denied the accusations.  Additionally, Democracy Now reports that Woodfox, Wallace and their supporters believe the two men were framed for their political activism and involvement with the Black Panther party.

What is more, there is no physical evidence linking the men to the murder, according to Amnesty International.  Additionally, any and all potentially exculpatory DNA evidence has been lost.

Originally, a third man named Robert King was also convicted for the murder.  His conviction was overturned in 2001.  King told The Guardian that he spent 29 years in solitary confinement and he knows what it did to him.  He said, “it shrunk the brain, it shrunk the individual . . . you become acclimatized to small distances.”  He cannot bear the thought that his former fellow inmates have been in there an additional decade.

Extended stays in solitary confinement seriously impair both mental and physical health.  Amnesty International insists that this form of long-term solitary incarceration is cruel and inhumane and against both the U.S. Constitution and international law.

Amnesty insists that these men are no longer a legitimate threat to the prison community.  At their respective ages – and after the physical and mental degrade they have experienced – there are no longer rational reasons for this incarceration.  Everette Harvey Thompson, a regional director for Amnesty International USA said, “There is no legitimate penal purpose for keeping these men in solitary.  Louisiana authorities must end this inhumanity.

The cells are 2 meters by 3 meters and the men spend 23 hours there a day.  There is a mattress, toilet, sheets, and a small bench on the wall, with no windows.  The men get a short opportunity to “exercise” (in a concrete outdoor area) and time to shower.  Their social interaction is severely limited to a few visits from family members and a few phone calls.  They are also limited on the books they read, the news they read, and the education they can receive.

The men’s supporters and Amnesty International will continue to fight to get the “Angola 3” out of solitary confinement.

For more information, please visit:

Amnesty International — U.S. Authorities Urged to End Two Men’s 40-year-long Solitary Imprisonment — 17 Apr. 2012

Democracy Now — 40 Years in Solitary Confinement: Two Members of Angola 3 Remain in Isolation in Louisiana Prison — 17 Apr. 2012 (includes transcript of conversation as well)

The Guardian — Forty Years in Solitary: Two Men Mark Somber Anniversary in Louisiana Prison — 16 Apr. 2012

 

Prosecuting the Dead: Part II

Rights Group Calls on Pakistan to End Forced Disappearances

By: Jessica Ties
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan – Following the failure of authorities to present two missing individuals to the Supreme Court, Amnesty International is calling on Pakistan to identify hundreds of people who are believed to have “disappeared” at the hands of Pakistani agencies.

Pakistan has been called upon to end the occurrence of enforced disappearances (Photo Courtesy of Amnesty International).

A person is said to have “disappeared” when they are detained by government officials who then deny knowledge of their whereabouts.

Amnesty International noted the case of Mazar ul Haq who disappeared in 2007 after being accused of attacking Army Headquarters run by Pakistan’s Inter-Services Intelligence Agency.

Although ul Haq and the ten other men arrested with him were cleared by the Anti-Terrorism Court, they went missing again after being kidnapped from a high security jail.

Since being kidnapped in May 2010, four of the eleven men have died in custody. While Pakistan’s intelligence agencies maintain that the men died naturally, the attorney of one of the deceased has stated that his client was tortured to death.

Mazar ul Haq appeared in court in February 2012, four years after disappearing, surprising his family who did not whether he was alive or dead during the time he was missing.

Ul Haq and six other men were presented to the Supreme Court looking severely emaciated and some had urine bags protruding from their pants.

The allegations of abuse in combination with increased public pressures has prompted the Pakistani Supreme Court to not only order intelligence agencies to explain the poor conditions that the remaining seven men arrested are being kept in but to also order the creation  of the Commission of Inquiry on Enforced Disappearances.

Despite the creation of this commission in 2010, disappearances continue to be reported.

Although the Human Rights Commission of Pakistan has been attempting to identify the number of those kept in secret detention for years, they have reported that verifying the actual number has been nearly impossible.

It is estimated, however, that 1,000 people have disappeared at the hands of intelligence agencies since 2001. Of the estimated 1,000, approximately five hundred are still missing and the dead bodies of dissidents are regularly found.

Enforced disappearances were rare in Pakistan before September 11, 2001. Following the attacks on the United States, authorities began using the disappearances against activists advocating for ethnic rights and justified such action as necessary for the “war on terror” led by the United States.

 

For more information, please see:

Amnesty International – Pakistan Must Account for Missing Victims of Enforced Disappearances – 16 April 2012

Pakistan Daily Times – No Forced Disappearance Should Escape Attention: HRCP – 3 April 2012

The Guardian –Pakistan’s Spy Agency ISI Faces Court Over Disappearances – 9 February 2012

Amnesty International – Denying the Undeniable: Enforced Disappearances in Pakistan – 22 July 2008

Tensions Soar Between Sudan and South Sudan

By Tamara Alfred
Impunity Watch Reporter, Africa

On Thursday, the Sudanese president vowed to “never give up” a disputed oil-rich region that has led to escalated tensions between Sudan and South Sudan and sparked fears of a return to war.

The region where current clashes are escalating. (Photo Courtesy of the AFP.)

Clashes between the two nations soared in the past week after South Sudan declared the disputed Heglig region to be under its control.  Sudan also claims ownership of the region and has lodged complaints with the United Nations (UN) and the African Union (AU), urging both groups to pressure South Sudan to withdraw its troops from the territory.

“We will never give up an inch of our land,” Sudanese President Omar al-Bashir said during a rally broadcast on state media.  “And we have said it before, whoever extends his hand toward Sudan, we will cut it off.”

President al-Bashir’s defiant speech continued: “We will punish them…and it will be the last lesson for them.  If they do not understand, we will make them get it by force.  We extended our hand before for peace and unity.  But they deceived us.  Heglig is the start.”

The international community has urged the two countries to return to the negotiating table amid the intensified tensions.  South Sudan split from Sudan in July 2011 under the terms of a 2005 peace agreement that ended decades of civil war.

“The last thing the people of these two countries need is another war – a war that could claim countless lives, destroy hope and ruin the prospects of peace and stability and prosperity of all Sudanese people,” UN Secretary-General Ban Ki-moon said.

The UN Security Council issued a statement demanding “a complete, immediate and unconditional end to all fighting and a withdrawal of the SPLA [Sudan People’s Liberation Army of South Sudan] from Heglig and an end to aerial bombardments.

The United States (US) has also called for both sides to stop the hostilities.  “We condemn South Sudan’s military involvement in the attack on and seizure of Heglig, an act which goes beyond self-defense and has increased tensions between Sudan and South Sudan to dangerous levels,” State Department spokeswoman Victoria Nuland said.  “We also condemn the continued aerial bombardment in South Sudan by the Sudanese Armed Forces.”

Five people were killed and five others were wounded this past weekend after an airplane dropped bombs on a town in South Sudan.  Col. Philip Aguer, a spokesman for the SPLA, said that the aerial strike hit a market area in Rubkona in the early afternoon on Saturday.  Two other counties were reportedly also attacked that day.

“We will observe closely the behavior and attitude of the reaction of the government of the South to this call and if they don’t heed it, we will reserve our right to exercise the right of self-defense and we will chase them out,” Sudan’s Ambassador to the UN Daffa-Alla Elhag Ali Osman said.

While South Sudan did not immediately respond, Maj. Gen. Mangar Buong, a deputy commander for the South Sudanese military vowed to hold their position.

Later, South Sudan’s Ambassador to the UN Agnes Oswaha blamed the Sudanese government for attacks of their forces at the border, provoking the South Sudanese actions at Heglig.

“South Sudan had no choice.  It had to defend itself to deter attacks on South Sudanese territory,” Oswaha said.  “South Sudan is prepared to withdraw troops as long as a mechanism is put in place that the area cannot be used to launch further attacks.”

Tensions have continued to run high since the separation last year.  Unresolved issues pertaining to the divorce include status of citizens, how much the landlocked South should pay to transport its oil through Sudan, and the division of national debt, among others, including the fate of disputed border areas.

Addressing a rally in Khartoum on Wednesday, al-Bashir accused South Sudan’s ruling party, the SPLM, of seeking to execute “the agendas of world powers to oust the government in Khartoum” before threatening to do it the other way himself.

“Either we end up occupying Juba [the capital of South Sudan] or you end up occupying Khartoum, but the boundaries of the old Sudan can no longer fit us together.  Only one of us has to remain standing,” Bashir said.

He further pledged to liberate South Sudan’s people from the SPLM, which he described as an insect that must be crushed.

“We have promised the South’s people to free them from the SPLM rule immediately and we bear a responsibility before the South’s citizens after we contributed to establishing the SPLM rule in the South,” he said.

Meanwhile, South Sudan government spokesman Barnaba Marial Benjamin said that al-Bashir’s words were a warning that he would like to carry out the “genocide” in South Sudan as he is doing in the Darfur, South Kordofan and Blue Nile regions of Sudan.

The violence has led to increase of rights groups warning of deteriorating humanitarian conditions.

The International Crisis Group (ICG) said in a new analysis that the countries are “teetering on the brink of all-out war from which neither would benefit.”

“The deteriorating situation right now is making the overall humanitarian issues very challenging,” said Alex Neve, secretary-general of Amnesty International Canada.  Reportedly, supply lines to refugee camps have been cut off, and a failure to get key supplies before the rainy season hits will lead to an even greater humanitarian crisis.

“Diplomatic pressure to cease hostilities and return to negotiations must be exerted by both government by the region and the United Nations Security Council, as well as such partners as the US, China and key Gulf states,” said the ICG.

For more information, please see:

Associated Press – Arab League calls emergency meeting on Sudan violence – 19 April 2012

CNN – Sudan president vows to ‘punish’ South Sudan – 19 April 2012

CNN – Official: 5 killed, 5 wounded in aerial attack in South Sudan – 18 April 2012

Sudan Tribune – Bashir Vows to ‘Free’ South Sudan’s People From SPLM – 18 April 2012