Impunity Watch: Africa

Update on Charles Taylor Trial

By Ted Townsend
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The trial of former Liberian President Charles Taylor recessed June 25^th for a three day break, so that the Defense may do further research and preparation for cross-examination of prosecution witnesses. The prosecution also requested additional time to interview the next prosecution witness. This past Sunday, in the midst of the break, Liberian police and American investigators searched Taylor’s residence. Nothing has yet been announced as to the findings, but Taylor’s residents question the legality of the search.

Before the recess, the court last heard testimony of prosecution witness TF1-590, a Sierra Leonean living in exile in Europe. The witness testified as to Taylor’s support of Revolutionary United Front (“RUF”) rebels and his connections to Arabs with regards to diamond mining.  He also testified as to Taylor’s son Chuckie’s support and commission of human rights abuses. The witness also told the court he had met with a team of United States Federal prosecutors. This led to defense counsel Courtney Griffiths postulating that the Federal Prosecutors office was working with the United States in a co-operative effort to prosecute Taylor.

Outside of The Hague, many of the one and one half million Liberians who fled the country during the civil war testified in a public hearing, run by the Truth and Reconciliation Commission (“TRC”). The goal of the TRC is to look into the root causes of the Liberian Civil War, and make it possible to hold perpetrators accountable for human rights violations.

Furthermore, former United States under secretary for African Affairs, Herbert J. Cohen announced that America wanted Taylor in power, rather than evacuated former president Samuel K. Doe.

Taylor faces eleven counts of war crimes and crimes against humanity, all of which he denies. His trial is being held in a courtroom rented from the International Criminal Court in the Hague for fear the case could trigger violence in Sierra Leone.

For more information, please see:

allAfrica.com (citing The Analyst (Monrovia)) – Liberia: Taylor’s Arab Connection Revealed – 23 June 2008

Africa News – Taylor family protest house search – 27 June 2008

VOA News – Liberia’s Truth Commission Holds First Public Hearings in US – 16 June 2008

The Trial of Charles Taylor - last accessed 30 June 2008

Liberian Observer – US wanted Taylor in power, not Doe – 16 June 2008

Mugabe Wins Unopposed Election After Tsvangirai Withdraws; ICC Charges for DR Congo Warlords

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

President Robert Mugabe went into Friday’s election as the sole candidate after Morgan Tsvangirai withdrew from the election. Tsvangirai withdrew due to pre-election violence and intimidation of Movement for Democratic Change (MDC) supporters. 

President Mugabe won the presidential election on Friday and was sworn in as president two days later.

The Southern African Development Community said "The elections did not represent the will of the people of Zimbabwe.” 

The international community is increasingly being called upon to take action, including pressure to not recognize Mugabe as the winner of the election.

An observer from the Pan-African Parliament has called for new elections. Desmond Tutu, the former Archbishop of Cape Town, has called on the UN to take military action and for the African Union not to recognize Mugabe as the victor in the election, and the United States has said it will not recognize the results of the election.

Mugabe has said that he is committed to talks with the opposition MDC and Morgan Tsvangirai said any such talks should be based on the first round in the presidential election where Tsvangirai led over Mugabe 47.9% to 43.2%.

The Congress of South African Trade Unions issued a statement urging African countries to not recognize Mugabe as the President of Zimbabwe and to deny him attendance at African Union meetings.

There are reports of violence in rural areas against people accused of not voting, spoiling their ballot, or voting for Tsvangirai. 

For more information, please see:

BBC News – Observers Denounce Zimbabwe Vote – 29 June 2008

SW Radio Africa – Cosatu Urges Africa not to Recognize Mugabe ‘win’ – 29 June 2008

SW Radio Africa – Zimbabwe: Retribution in Some Rural Areas As Mugabe Prepares for Another Term – 29 June 2008

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The HAGUE, Netherlands – Two Congolese military officers have been charged by the ICC with war crimes. Germain Katanga and Mathieu Ngudjolo Chui are charged with planning and ordering attacks that allegedly left over 200 people killed.

It is reported that many women were forced to be sex slaves and many victims were burned alive.

Charges against Katanga and Ngudjolo include sexual slavery, rape, murder, inhumane acts, and recruiting child soldiers. Katanga was the head of the Patriotic Forces of Resistance of Ituri and Ngudjolo was the leader of the Front of Nationalist and Integrationists militia.

For more information, please see: 

BBC News – ICC charges DR Congo 'warlords' – 27 June 2008

International Criminal Court -- Opening of the Confirmation Hearing Against Germain Katanga and Mathieu Ngudjolo Chui – 27 June 2008

 

Citing rampant violence, Tsvangirai drops out of Zimbabwe election; Somalian refugees ‘at the mercy of elements’; International court will arbitrate north-south issues in Sudan to avoid civil war

                                    

By Ted Townsend
Impunity Watch Reporter, Africa

HARARE, Zimbabwe  –  A mere five days before the scheduled presidential  run-off election, opposition leader Morgan Tsvangirai dropped out of the race, saying that he was unwilling to ask voters to “risk their life” by going to the polls. As a result Robert Mugabe will likely retain the presidency, a position he has held since 1980. Tsvangirai cited violent attacks, election rigging and constant arrests, orchestrated by Mugabe’s Zanu-PF party, among the reasons for his decision, saying that he would not “play the game of Mugabe.”

In recent weeks, African leaders became more vocal in asserting their belief that it would be impossible for Zimbabwe to have a “free and fair” election. According to reports, rampant state sponsored violence has left 86 people dead, and thousands injured. In a statement, Tsvangirai thanked Zimbabwean’s for their courage, adding that he believed he and his Movement for Democratic Change party had done everything in their power to “humanely and democratically deliver a new Zimbabwe and a new government.” However, he believed the party could not reasonably ask voters to cast their vote when it could mean their life, adding that they would “no longer participate in this violent, illegal sham of an election.”

A Mugabe official, however, cited Tsvangirai’s fear of “humiliating defeat” as the driving force behind the decision.

For more information, please see:

International Herald Tribune – Citing violence, Zimbabwe opposition leader quits race – 22 June 2008

CNN – Official: Mugabe wins re-election after opposition pulls out – 22 June 2008

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MOGADISHU, Somalia – A mother and her two children were among the twenty-five people injured and thirteen killed during fierce fighting in Mogadishu. Eyewitnesses say that the families house was hit by a mortar shell, fired by Ethiopian troops in response to an attack by Islamic extremists.  Hospital workers treated at least another eighteen wounded, including six children. A local resident described the scene following the attacks as “horrific,” adding that people had to “collect the flesh of their bodies which was stuck to the walls.” 

In a separate incident, a land mine aimed at a government convoy was remotely detonated this weekend, killing three government troops and wounding four others.

The constant violence in Mogadishu has led many civilians to flee the capital, seeking refuge in the northern outskirts of the city. In the past two weeks, at least nine of these refugees have died, including a pregnant woman. The deaths were caused by exposure to the elements and lack of food.  Recent heavy rains washed away a number of the refugees makeshift shelters, forcing the refugees to “live out in the open, with no shelter at all.” Adding to the plight of the refugees is an inadequate food supply, with many subsisting solely on rations provided by the UN World Food Programme.

For more information, please see:

UN Office for the Coordination of Humanitarian Affairs – Northern Mogadishu IDP’s at the mercy of the elements – 20 June 2008

allAfrica.com – Explosion in Mogadishu Claims Three Soldiers – 22 June 2008

BBC News –Family killed in Somali clashes– 20 June 2008

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JUBA, Sudan – Officials from both the northern and southern parts of Sudan agreed that an International Court in The Hague would resolve a long-standing border dispute that threatens to send the country into civil war. The dispute centers over the oil rich Abyei area, a long disputed region which both sides claim as its own. A local dispute last month turned into full fledged fighting, leaving ninety people dead and forcing over fifty thousand from their homes.

As part of the agreement, the Permanent Court of Arbitration will decide the fate of the region. Leaders from each side will be given the opportunity to pick two arbitrators each form a list provided by a panel. The four will then select the fifth member of the panel.

The two parties also announced that a long awaited electoral law will be agreed upon which will push through Sudan’s first democratic election in twenty-three years.

More than two million died in the ongoing north-south conflict, which is separate from the violence that has ravaged the Darfur region. In 2005 a peace deal was signed, that is now threatened by the recent border dispute. It has consisted of fighting over ethnicity, ideology and religion, with an increasing amount of the fighting centering around oil issues in recent years.

For further information, please see:

BBC News – Court to rule on Sudan border row – 22 June 2008

International Herald Tribune – Hague Court to decide Sudan’s disputed border – 8 June 2008

Mugabe Will “go to war”; British Court Approves Extradition of Four Genocide Suspects to Rwanda

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

HARARE, Zimbabwe – President Robert Mugabe has increased his rhetoric ahead of the June 27^th runoff election between Mugabe and Movement for Democratic Change (MDC) leader Morgan Tsvangirai by stating that he will “go to war” to protect Zimbabwe. While Mugabe has not called for war if the MDC wins the upcoming election, Mugabe has said that  he will not accept rule by the MDC “lackeys.”

The BBC quotes Mugabe as saying "We are prepared to fight for our country and to go to war if we lose it the same way our ancestors lost it."

Tendai Biti, deputy MDC leader, is awaiting a High Court ruling on the legality of his arrest for treason, a charge punishable by death. Biti, arrested upon his return to Harare from South Africa and taken to an undisclosed location, is expected to be charged on Monday with treason for announcing the results of the presidential election before the official results were released and for publishing a transition strategy around March 26.

Biti was held without access to lawyers or the court system but a High Court ruling was successful in compelling Biti’s access to lawyers and the judicial system.

Morgan Tsvangirai was also detained by police while campaigning, the third time he has been detained in a week.

In an effort to cut down on foreign press publications reaching Zimbabwe, the tax on imported newspapers was increased from 5% to 40%. This is viewed as an intentional move to prevent imported papers, especially from South Africa, from reporting free of government control on the situation in Zimbabwe.

Tsvangirai reports that more than 60 MDC supporters have been killed and over 200 people are missing since the political violence began shortly after the March 29 elections.

For more information, please see:

BBC News - Mugabe pledges to fight 'lackeys' - 14 June 2008

The Standard - Govt Intensifies Clampdown On Private Newspapers - 14 June 2008

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A British Court approved a Rwandan extradition request for four individuals accused of genocide, conspiracy to commit genocide, complicity in genocide, crimes against humanity, and murder and looting.

Vincent Banjinya,  Célestin Ugirashebuja, Emmanuel Nteziryayo, and Charles Munyaneza, were arrested in December 2006 in Great Britain at the request of Rwanda.

The British Court’s etradition approval is in stark contrast to the May ruling of the International Criminal Court for Rwanda (ICTR) where the ICTR denied the transfer of a prosecution to Rwanda because it did not believe that the Rwandan legal system was in a position to have a fair trial.

British Judge Anthonoy Evans said that there was no concrete evidence that a fair trial cannot be conducted in Rwanda. Judge Evans said that statements against the ICTR by politicians are commonplace and that criticism of the Spanish Judge is not sufficient in itself to support the ICTR’s concerns it cited for its ruling in May.

For more information, please see:

Arusha Times (Hirondelle News Agency) - British Court oks Extradition of Four to Rwanda – 14-20 June 2008

BBC News - Rwanda genocide accused remanded - 29 December 2006

BRIEF: MDC Official Tendai Biti to be Charged With Treason

HARARE, Zimbabwe - Tendai Biti, an official from the opposition group Movement for Democratic Change (MDC), was arrested in Harare and police have announced that he will be charged with treason. The BBC also reports it has documents suggesting that the Zimbabwean military is running Mugabe’s reelection campaign and intends to harass MDC supporters, especially in rural areas.

Biti is going to be charged with treason for announcing the results of the contested March 29, 2008 presidential election before the state agency in charge of elections announced them. He was arrested upon his return from South Africa.

The BBC reports that MDC leader and presidential candidate Morgan Tsvangirai was briefly detained on his way to an election rally while the New York Times reports that he was arrested and that it is nt clear if charges will be filed. This is the third time he has been detained by police this month.

The BBC reports that it has documents outlining a plan by the Zanu-PF “to harass and drive out opposition supporters, especially from rural areas.”

Zimbabwe is scheduled to have a presidential runoff election June 27, 2008 in which opposition leader Morgan Tsvangirai is to face President Robert Mugabe.

For more information, please see:

BBC News - Mugabe Critic on Treason Charge - 12 June 2008

New York Times - Zimbabwe Detains Opposition Leaders - 12 June, 2008

Somali civilians, reporter die in insurgent led violence; International Criminal Court warns that people of Darfur could be ‘eliminated' without assistance; International pressure mounts on Mugabe to allow free and fair election

 By Ted Townsend
Impunity Watch Reporter, Africa

MOGADISHU, Somalia  –  Renewed violence in Somalia’s capital city  left ten dead sunday, included in which were nine civilians. Among these civilians, according to an eyewitness, were four women and two children. Yesterday’s outburst of violence was only the latest in a long history of conflict between Ethiopian backed forces and Islamic insurgents. According to reports, each side pounded the other with a hail of artillery centering on the crowded Bakara market, the main market in downtown Mogadishu and a regular sphere of violent uprisings. Additions shells landed on a civilians home, and near a religious school.

The fighting came a day after a local BBC journalist was shot dead by Islamist insurgents in southern Somalia. Nasteh Dahir, 36, was confronted outside of his house by a group of Islamic insurgents. The group shot him shortly after. Dahir was rushed to a hospital, but died en route, becoming the tenth journalist killed in the region since last year.

Somalia’s transitional government is attempting to maintain control over the capital city, with assistance from the Ethiopian forces. Islamic insurgent groups have waged attempts to destabilize the government. The insurgents have targeted more journalists, as of late, causing the many who remain in Somalia to fear for their lives.

For more information, please see:

 

Reuters – Gunmen kill local BBC journalist in Somalia – 8 June 2008

AFP –Somali journalist killed in southern town: family– 8 June 2008

CNN –Somalia: Clashes Leave at Least 10 Dead– 8 June 2008

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KHARTOUM, Sudan – International Criminal Court prosecutor Luis Moreno-Ocampo warned this week that without “increased assistance from the international community, the people of Darfur would be eliminated.” Referring to the entire Darfur region as a “crime scene,” the prosecutor claimed that despite the promises of the international community, civilians still are targeted by Sudanese officials. Moreno-Ocampo’s outrage centered on the international communities failure to bring to justice Ahmad Harun, former Sudanese Minister of the State of the Interior and Ali Kushayb, a leader of a sect of the Janjaweed militia. Each man has been charged with rape, murder, forced displacement and other war crimes, and each has yet to be charged.  Harun is now in charge of the governments humanitarian affairs, giving him power over how and when aid agencies can deliver food, medicine and shelter to displaced and others similarly affected.

Moreno-Ocampo further claimed the entire Sudanese state has been mobilized to “plan, commit, and cover up crimes” in Darfur. The prosecutor also voiced concern with a rising number of attacks against peacekeepers and aid workers.

Following the speech, UN Secretary General Ban Ki-Moon urged Sudan to co-operate with the International Criminal Court, expressing deep concern over the reported lack of co-operation. In a statement issued, the Secretary added "Peace and justice go hand in hand.”  “Impunity for the serious crimes committed in Darfur cannot be accepted," he concluded.

For more information, please see:

allAfrica.com (Citing UN News Service (New York)) – Sudan: Ban Urges Govt to Cooperate with Prosecutors Probing Darfur War Crimes – 5 June 2008

CNN.com – Sudan accused of Darfur cover-up – 7 June 2008

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HARARE, Zimbabwe – Pressure continues to mount on Zimbabwean president Robert Mugabe to cease assault on dissenting voices and opposition supporters in advance of this month’s presidential run-off. This past weekend, police tried to put a halt to opposition party, the Movement for Democratic Change (“MDC”) rallies. The Zimbabwean High Court intervened, overturning the attempted ban. The international community further called upon Mugabe to stop human rights abuses, and to allow United Nations observers into the country to monitor the June 27^th-scheduled run off. Pressure from the international sources intensified last week, as diplomats from the United States and Great Britain were harassed and detained for several hours at a roadblock. For its part, Mugabe’s Zanu-PF party claims to be the aggrieved party, claiming the U.S. and U.K. are attempting to influence the election, effectively “campaigning” for the opposition.

The MDC claims that at least 65 of its supporters have been killed in advance of the run off, with more than twenty five thousand others being displaced. Many other opposition supporters are being arrested, including an MP who was recently released after being arrested twice last week on public order charges. Authorities alleged that the MP, Eric Matinenga, was guilty of election-related violence. Thursday, a court ordered his release following his first election, only to be re-arrested Saturday.

Moreover, opposition supporters are being denied food, a move many critics claim is an attempt by Mugabe to “bait” votes through the promise of food assistance. The U.S. Ambassador to Zimbabwe, James McGee, said Friday that if this practice continues, widespread starvation will result. Great Britain’s foreign minister added “for Mugabe to use hunger as a political weapon shows a callous contempt for human life.”

For further information, please see:

Associated Press – Britain, US, slam Zimbabwe halting aid groups – 6 June 2008

BBC News – Zimbabwe opposition MP released – 8 June 2008

Zimbabwe Standard – Pressure mounts on Mugabe over violence – 7 June 2008

Zimbabwe High Court Lifts Opposition Rally Ban

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

HARARE, Zimbabwe – The Zimbabwe High Court lifted a police ban on several rallies by the opposition party Movement for Democratic Change (MDC). The MDC sought relief from the High Court on Friday after police failed to approve MDC events around Harare, the capital of Zimbabwe. The police ban on several rallies followed the detention of MDC leader and presidential candidate Morgan Tsvangirai on Friday in Bulawayo. There is also concern about food shortages following President Mugabe’s crackdown on field operations of aid agencies. The presidential runoff election between President Robert Mugabe and MDC leader Morgan Tsvangirai is to take place June 27, 2008. 

The court order that police should not interfere with future rallies followed the ban by police to prevent the exposure of MDC politicians to possible assassins. The police order cited MDC complaints about the risk of targeted assassinations which the police said they were investigating but thus far have found no support for such claims.

Friday’s detention of Tsvangirai was the second detention in three days. On Wendsday, Tsvangirai was detained by police without charge for eight hours before being released. 

Earlier this week, Mugabe’s government froze all aid organization field operations stating that they were supporting the opposition. This action is believed to be an effort to prevent aid agencies from witnessing government intimidation of rural voters and to enable the government to buy votes with food supplies. There is fear that this will put over 2 million Zimbabweans in danger of starvation.

The ban on aid organization field work has sparked international outrage with the U.S. Ambassador to Zimbabwe, the White House spokeswoman, the UN High Commissioner for Human Rights, and the UN humanitarian chief all speaking out against this act. The National Organization of Non-Governmental Organizations in Zimbabwe said that the ban was illegal. 

The United States State Department announced it was going to raise the issue of Zimbabwe’s disregard for international law and protection of diplomatic personnel in the U.N. Security Council following the detention of two U.S. embassy vehicles and one vehicle from the British embassy.

The vehicles were stopped on their way to investigate reported violence. The tires of the vehicles were slashed at a road block set up by government authorities. An American embassy driver was beaten and it was threatened that the vehicles would be set afire with the passengers inside if they did not exit. The Security Council is reported to have expressed concern over the action and will continue to discuss it.

State Department spokesman Sean McCormack said the incident “is an example of the fact that this government doesn't know any bounds.” McCormack also said that the incident was not a random occurrence. 

The MDC alleges that at least 65 supporters have been killed and thousands have fled their homes due to a state campaign of violence and intimidation against MDC supporters by police, military personnel, and militias.

An aid worker reported to the BBC that she had MDC supporters who had their hands injured and their identification cards taken so that they cannot vote in the upcoming election. 

For more information, please see:

BBC News - Court 'lifts Zimbabwe rally ban' - 7 June 2008

BBC News - Zimbabwe Halts Opposition Rallies - 6 June 2008

America.gov - Security Council to Discuss Detention of Diplomats in Zimbabwe - 5 June 2008

allAfrica.com - Zimbabwe: Mugabe Using Food as Political Tool, Says U.S. - 7 June 2008

Update on Charles Taylor Trial

By Ted Townsend
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The trial of former Liberian President Charles Taylor resumed this week, after a ten day recess which allowed the judges of the Special Court to attend a plenary meeting of the Court in Freetown, South Africa. Before the recess, the court heard the rest of former Liberian President (and Taylor’s former vice president) Moses Blah’s testimony.

The prosecution continued its examination of Blah, who testified that he never saw Taylor engage in cannibalism. Nor did he ever hear him order fighters to eat the enemy dead.  However, Blah did state that Revolutionary United Front (“RUF”) rebel leader Foday Sankoh personally complained to Taylor about the rape, looting and killings committed by Liberians assisting the RUF. Taylor apparently responded that “this kind of thing must happen when you’re fighting war.”

Chief Prosecutor Stephen Rapp then asked a series of questions, designed to wrap up loose ends, pertaining to Blah’s reign as president and details regarding certain military units under Taylor’s control. Blah also testified as to the role of Benjamin Yeaten who was more senior than himself.” He also told of Yeaten’s role in the mass execution of disabled National Patriotic Front of Liberia (“NPFL”) soldiers. When asked by Rapp if Yeaten was ever prosecuted for his atrocities, Blah testified that he was not.

The Defense’s cross examination, led by Defense Counsel Courtenay Griffiths, sought to establish that, despite Blah’s close working relationship with Taylor, the former vice-president never witnessed nor heard of Taylor committing criminal acts. According to the defense, in August 2003 Blah stated that Taylor was not guilty of war crimes. When queried on this fact, Blah claimed that he could not remember making such a statement.

The defense, in what is becoming a common theme, also attempted to show that Blah had been paid by the prosecution and offered immunity, in exchange for his testimony. Blah admitted he received an estimated $5,000 in exchange for medical assistance and travel back to his country to receive documents, but stated that at no point was he compensated for his testimony.

Following his testimony, media reports from his home suggested that Blah and his family were receiving death threats. It was speculated that Blah may not return to his homeland, for fear of reprisal. His testimony prompted angry reactions from Taylor associates, including one who has threatened a lawsuit against Blah. According to reports, Blah’s daughter was also beaten while on her way home from school while he was in The Hague testifying.

Session resumed June 2^nd, with the testimony of Prosecution Witness Samuel Kargbo, a member of the  RUF Supreme Council.

Taylor faces eleven counts of war crimes and crimes against humanity, all of which he denies. His trial is being held in a courtroom rented from the International Criminal Court in the Hauge for fear the case could trigger violence in Sierra Leone.

For more information, please see

allAfrica.com (citing The Inquirer (Monrovia)) - Blah Faces Cross Examination – 20 May 2008

International Herald Tribune – Taylor former vice president tells court he never saw ex-Liberian leader eat human flesh as alleged – 19 May 2008

The Trial of Charles Taylor - last accessed 4 June 2008

International Herald Tribune – Taylor witness says his daughter was beaten while he testified in The Hague – 20 May 2008

allAfrica.com (citing The NEWS (Monrovia)) – Moses Blah Returns From the Hague – 29 May 2008