Impunity Watch: Europe

Demjanjuk Declared Fit to Stand Trial

By Elizabeth A. Conger,
Impunity Watch Reporter

MUNICH, Germany -  In a brief statement released today, German doctors have concluded that John Demjanjuk is fit to stand trial. Demjanjuk, 89, faces charges that he was a Nazi death camp guard, and is accused of being an accessory in the murder of 29,000 people during WWII at the Sobribor death camp in Poland.

 
Photo: John Demjanjuk [Source: AFP]

It is likely that formal murder charges will be filed against the retired car worker from Ohio, who was extradited from the United States in May. However, it is unclear when Demjanjuk's trial will take place. If charged as an accessory to murder, Demjanjuk faces up to fifteen years, the maximum sentence in Germany.

Demjanjuk's son sought to prevent his father's extradition to Germany, saying that Demjanjuk was dying of leukemic bone marrow disease.

He said, "With less than a year an a half for my father to live, a career-seeking German prosecutor is hastily pressing forward with a 100 percent politically-motivated effort to blame Ukrainians and Europeans for the crimes of Germans."

Demjanjuk has been treated for gout since his detention in Stadelheim jail which began in May.

Prosecutors in Munich say that the responsibility to try Demjanjuk fell upon Munich because he had been registered as living there after the second world war.

 
Doctors say that 89-year-old Demjanjuk is fit to stand trial as long as court sessions do not exceed two 90-minute sessions each day. [Source: Mark Duncan / AP]

Medical officials at Stadelheim prison have examined Demjanjuk, and the facility's deputy prison director said, "He is not typical for his age...he is in better shape than usual for an 89-year-old."

Ukrainian born Demjanjuk has denied being a guard at the camp, saying that he was a Red Army soldier who spent WWII as a Nazi prisoner-of-war. However, the U.S. Department of Justice obtained documents, including a photographic identity card shown below, which show that he worked at the Sobibor death camp. Additionally, they say they have written testimony placing him at the camp, and reports showing that the was trained to be a Nazi guard at Trawniki, Poland.

 
Photo: Demjanjuk's identity card during the war, released by the U.S. Department of Justice in 2002. In the second 'Abkommandiert' line, it is written that Demjanjuk was posted at Sobibor on March 27, 1943. (For a larger image, please click on the photo.) [Source: The U.S. Department of Justice / American Spectator]

 
Photos: Demjanjuk in 1943, and in 2009. [Source for 2nd Photo: David I. Andersen / Cleveland Plain Dealer]

In the 1970's he was stripped of his U.S. citizenship after he was accused of being "Ivan the Terrible," a notoriously sadistic guard at the Treblinka death camp. He was extradited to Israel in 1986, and sentenced to death in 1988.  However, Israel's Supreme Court overturned his conviction when new evidence emerged which showed that another individual was likely the actual "Ivan." 

Demjanjuk regained his U.S. citizenship, but the U.S. Department of Justice refiled its case against him in 1999 on the charge that he had worked as a guard in three other death camps. His citizenship was again rescinded in 2002.

In their annual report, the Simon Wiesenthal Center listed Demjanjuk at the top of their ten most-wanted suspected war criminals.

For more information, please see:

AlJazeera - Nazi guard suspect 'fit for trial' - 3 July 2009

CBC - Accused Nazi guard Demjanjuk deemed fit for trial - 3 July 2009

Reuters - Demjanjuk pronounced fit to stand trial in Germany - 3 July 2009

 

 

Amnesty International: Lack of Rule of Law by Russia in North Caucasus Resulting in Human Rights Violations

By Elizabeth A. Conger,
Impunity Watch Reporter, Europe

MOSCOW, Russia - In a report published yesterday, Amnesty International has called on Russia to enforce rule of law in Chechnya and the north Caucasus where human rights violations continue without check. The human rights organization asserted that there will be no stability or normalization in the region until such violations are brought to an end and those responsible for the violations are held accountable.

According to the report, Amnesty international received testimonies describing:

"indiscriminate killings, excessive use of force, death and torture in custody, arbitrary and secret detention, abductions, threats to human rights activists and independent journalists, the targeting of relatives of suspected fighters and the forced evictions of internally displaced people."

The Kremlin has claimed success in stabilizing Chechnya under Chechnyan President Ramzan Kadyrov. However, the implementation of fresh counter-terrorism operations earlier this year could allow for further abuses. In the first four months of the year as many as fifty eight enforced disappearances have occurred, whereas only seven occurred the year before. Human rights organizations have reported that most of the disappearances were committed by law enforcement personnel.

In the forty eight page report, "Rule Without Law: Human Rights Violations in the North Caucasus," accounts are made of various enforced disappearances and murders in the region, for which no accountability has been made. In one such account, the Ilaev family of Grozny were surrounded by over 100 masked men on the night of November 30.  Family members were taken to a law enforcement base, and male family members were tortured. Three brothers, Ali, Akhdan, and Zurab were killed during the detention.

In a statement preceding the report, Amnesty International reporters said that the "civilian population continues to live in an atmosphere of lawlessness that engenders fear and insecurity."

The report comes in anticipation of U.S. President Barrack Obama's July 6-8 visit to Moscow. 

Russian President Dmitry Medvedev has given officials a verbal lashing for the human rights breaches, and has vowed to battle corruption. However, Medvedev has has been criticized by human rights groups for failing to act on his promises.

For more information, please see:

AFP - Amnesty slams Russia for rights record in Chechnya - 1 July 2009

Amnesty International - Accountability for Human Rights Violations Key to Normalization in North Caucasus - 1 July 2009

Amnesty International - Russia: Ongoing abuses in North Caucasus lend lie to "Normalisation' claim - New Report - 1 July 2009

BBC - 'Abuses widespread' in N Caucasus - 1 July 2009

Reuters - N. Caucasus rights abuses stop stability - Amnesty - 30 June 2009

 

Former PM of Kosovo Released by Bulgarian Authorities Despite Serbian Efforts to Extradite for War Crimes

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

SOFIA, Bulgaria -  After holding Agim Ceku for two days, a Bulgarian court in the western city of Kyustendil has decided to release the former prime minister of Kosovo from their custody last Thursday. Ceku had been detained on an international arrest warrant for alleged war crimes. On June 24, Serbia filed a formal request to Bulgaria for the extradition of Ceku, and Interpol issued a warrant for his arrest. Bulgarian authorities apprehended Ceku as he entered Bulgaria from Macedonia on Tuesday, June 22. 

 
Photo: Former prime minister of Kosovo, Agim Ceku.  [Source: Reuters]

The ruling by the district court can be appealed, and Ceku must remain accessible to Bulgarian authorities until July 2. However, there has been indication that there will be no appeal.

Serbian Justice Ministry official Slobodan Homen said of of Ceku's release, "Once again, politics overcomes international law."

Ceku told the court that The Hague had already investigated and identified those people responsible for crimes. He said:

"I am not a Serbian national and never was.  Serbia cannot request the extradition of foreign nationals (other than) its own."

Ceku was, at one time, top commander of the Kosovo Liberation Army, composed of ethnic Albanian guerrillas.  He was also prime minister of Kosovo between 2006 and 2008 before Kosovo declared its independence.

Serbia has sought his extradition for war crimes allegedly committed during the 1998-1999 fighting between Serb government forces and the ethnic Albanian rebels, and has charged Ceku with "command responsibility" for the deaths of 669 Serbs and eighteen other non-Albanians during that time.

The charges against Ceku were supported by Amnesty International in a press release issued on Thursday calling for "the Bulgarian authorities to extradite promptly Agim Ceku to Serbia...to face trial on war crimes charges."

Since Kosovo declared its independence in 2008 it has been recognized by sixty countries, including most EU member states and the United States. Serbia, and it's ally Russia, have stated that they would never recognize an independent Kosovo.

This is not the first time Ceku has encountered an Interpol arrest warrant prompted by Serbia. He was detained in Colombia last month, and in Slovenia and Hungary in 2003 and 2004, respectively.

Ceku is reportedly viewed as a folk hero to many ethnic Albanians, and his extradition to Serbia would likely cause friction between the ethnic Albanian majority and Serbian minority populations in Kosovo. 

Ceku said, "My extradition would weigh heavily on ethnic relations in Kosovo, which are already very tense."

For more information, please see:

NY Times - Bulgarian Court Frees Former Kosovo Leader - 26 June 2009

AFP - Bulgaria releases ex-Kosovo PM Agim Ceku: court - 25 June 2009

Amnesty International - Bulgaria: Promptly proceed with extradition of Agim Ceku - 25 June 2009

The Sofia Echo - Bulgarian court releases Ceku from custody - 25 June 2009

NY Times - Kosovo Ex-Prime Minister Arrested on War Crimes - 24 June 2009

Spanish Legislature: No More Universal Jurisdiction for Crusading Human Rights Judges

By Elizabeth A. Conger,
Impunity Watch Reporter

 
Photo: Spain's National Criminal Court [Source: www.audiencianacional.es]

MADRID, Spain - The lower house of the Spanish Parliament voted Thursday to change a law which has allowed Spanish judges "universal jurisdiction." Universal jurisdiction allowed Spanish judges the authority to indict individuals for crimes of genocide, terrorism and torture regardless of where the crimes took place. 

Currently there are thirteen international cases under investigation by Spain's National Criminal Court. Among the cases being investigated are alleged abuses in Gaza, Tibet and Guantánamo. Cases which are already in progress will be "grandfathered" in under the new law.

The new law, which is expected to pass quickly in Spain's Senate, still allows a wide array of cases to be brought before the Court. However, the law now requires that each case which occurs overseas to either involve a Spanish citizen, or have some other clear link to Spain. 

Spain's move away from universal jurisdiction mirrors an international legal trend, as France, Finland, the Netherlands, Belgium and Germany have also curtailed their jurisdictional reach. Legal experts have speculated that this trend may ultimately provide the International Criminal Court (ICC) in The Hague with wider latitude of action. 

 
Photo: Judge Baltasar Garzón [Source: AFP]

Mark Ellis, executive director of the International Bar Association in London, said the concept of universal jurisdiction has not been eliminated by the move, but represents a shift from the absolute concept once espoused by Spain, to a more conditional understanding. He said, "This doesn't eliminate the concept of universal jurisdiction, required under the Geneva Convention, but it is evolving with provisions. If every state fully pursued absolute universal jurisdiction this would be very chaotic...and might weaken international law, including the role of the ICC."

To date, only one conviction has been secured by the Court. However, many argue that with or without convictions the Court has shed light on human rights violations, and has prompted other states to take action against offenders. In one of the Court's most famous proceedings, Judge Baltasar Garzón's attempted to extradite Chile's Augusto Pinochet in 1998. Although the extradition was denied, the proceedings helped to strip Pinochet of his political prestige. 

Laura Gonzalez Vera, whose husband was murdered by Pinochet's secret police, said, "For me, the Pinochet case was a triumph of justice - together with Nuremberg, it was the most important international prosecution of the past 100 years."

 
Photo: Laura Gonzalez Vera [Source: BBC]

Human rights organizations have viewed the move as a step backwards, and a serious obstacle to victims seeking justice. In a joint press release, Amnesty International, Human Rights Watch and the UGT trade union responded, "Spain is more concerned with not offending certain powerful governments than with ending the impunity enjoyed by criminals."

For more information, please see:

Financial Times - Spain curbs reach of justice - 26 June 2009

BBC - Spain reins in crusading judges - 25 June 2009

CS Monitor - Global reach of Spain's courts curtailed - 25 June 2009

 

Serbia Sentences Croatian Serb to 20 Years for Role in 1991 War Crimes

Elizabeth A. Conger
Impunity Watch Reporter, Europe

 
Map: The site of the Vukovar massacre.  [Source: BBC]

BELGRADE, Serbia - On Tuesday the Serbian Chamber for War Crimes sentenced Damir Sireta to twenty years in prison for war crimes he committed at a farm near Vukovar, Croatia. Sireta was convicted for his role in the torture and killing of 200 Croatian prisoners of war at the Ovcara pig farm in late November of 1991.

Sireta was the fourteenth former paramilitary to be convicted for the Vukovar killings, which occurred during the 1991-95 Balkan conflicts. Thirteen others were sentenced in March to prison terms ranging from five to twenty years. Sireta was tried separately by Serbia after being extradited from Norway last May, where he had been living since 1998. Croatia also sought Sireta's extradition, and Croatian authorities have tried him in absentia, sentencing him to twelve years in prison.

The prisoners of war were rounded up by the paramilitaries at a local hospital and brought to the farm. This occurred after Serbian forces took control of the city following a three-month siege of Vukovar. The prisoners were divided into groups of seven or eight to be tortured and killed, and then dumped in a mass grave. Those showing signs of life were reportedly shot in the head.

When the war broke out, Sireta was a member of Vukovar's Territorial Defense, a paramilitary formation within the former Yugoslav People's Army (JNA).  In 2007, former JNA generals, Mile Mrksic and Veselin Sljivancanin were given twenty and seventeen years, respectively, by the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.

Sireta's trial began on December 23, 2008. Prosecution spokesman, Bruno Vekaric told journalists that prosecution was satisfied with the verdict because it offered "justice to the victims."

For more information, please see:

AP - Serb convicted for killing of Croatian POWs - 23 June 2009

B29 - New conviction for Ovcara war crimes - 23 June 2009

Balkan Insight - Serbia War Crimes Court Sentences Croat Serb - 24 June 2009

BBC - Vukovar Massacre: What Happened - 13 June 2003

 

Open-top Tourist Bus Stoned in Belfast

By Nima Nayebi

Impunity Watch Reporter, Europe and North America

BELFAST, Northern Ireland - An open-top bus with 45 tourists on board was stoned in west Belfast on Sunday afternoon by youths wearing hooded tops. One of the bus windows was smashed, but none of the passengers was injured.

Australians Eunis and Des Cassidy were touring Belfast around the nationalist Divis Street area within an hour of arriving in the country. “I was sitting right at the window; I didn't see what happened as I was listening to the tour director, I just heard a big bang. I'll admit I have been apprehensive about coming to Belfast because there was only trouble not so long ago and this did scare me. But then we went on and everything was OK,” said Mrs. Cassidy. She elaborated that she will be glad when they leave Belfast on Monday.

The tour company owner, Ben Allen, described the attackers as youths between the ages of 13 and 18. He characterized the attack as “madness.” He said there were people from numerous countries onboard, including Canada, Australia, and Norway. Allen planned on dropping the area from his tour route, but his drivers said they would not be intimidated.

Mark McCall, the bus driver, said, “We were driving up the lower part of the Falls Road and I noticed a crowd of youths coming down the left hand side, but thought nothing of it. As I was passing, one of them threw an object and it went through the side window. We decided to get out of the area as fast as possible and then spoke to the tourists, no-one was injured but a lot of them seemed visibly shaken. I think the whole thing has left a very bad impression.”

Open top bus tours are becoming increasingly popular in Belfast, driving past republican and loyalist murals, as well as the Harland and Wolff shipyard, where the Titanic was built and which is now occupied by the SS Nomadic.

This incident is the latest of numerous similar attacks in Belfast. Last week Impunity Watch reported that over 100 Romanians were driven from their homes by a racist group. Two teens were arrested for their involvement in that case after residents protested police inaction.

Pictured above: Eunis and Des Cassidy; Photo: BBC News

For more information, please see:

BBC - Stones smash tourist bus window - 22 June 2009 

RTE - Tourist bus stoned in Belfast - 22 June 2009 

UTv - Video - 22 June 2009

 Wales Online - Youths stone tourist bus in Belfast - 21 June 2009

Kosovo Roma Mark Eleven Years in Montenegrin Refugee Camp

By Elizabeth Conger
Impunity Watch Reporter, Europe

PODGORICA, Montenegro - Outside of Montenegro's capital city of Podgorica, more than 2,000 Roma are still living in Konik, the largest refugee camp in the Balkans, more than ten years after fleeing Kosovo. Konik, located along Montenegro's largest rubbish dump, has grown into a sprawling city of tents and wooden huts, surrounded by a wire fence.  

Three weeks ago a fire swept through the refugee city burning down eighteen homes and leaving 124 homeless. Many of those whose homes burned down are now living in tents provided by UNCHR. The families have been given some flour and oil, but Save the Children's Phoebe Greenwood reported that they do not have enough food or water.

Photo:  Konik refugee camp, minutes from Podgorica. [Source: Phoebe Greenwood / Save the Children]

Fires are frequent occurrences in the camp because of the lack of sufficient electrical wiring, and the use of open stoves and candles.  

Save the Children has been working with the Roma community at Konik since 2002, and have sought to integrate more Roma into the wider Montenegrin community. The non-for-profit has especially sought to help children go to school. However, most Roma children are not enrolled in schools because of bullying, lack of clothing, and hunger.

After ten years, the Montenegrin community does not acknowledge the right of the Roma to stay, and the mayor of Podgorica recently called for Roma refugees to return to where they came from.  

Refugees are unable to work without documentation, and most men earn money selling scrap metal from the dump. One thirty-year-old man reported that he made $280 a month this way, but said "My children are hungry and I can't give them any food."  He also said that his hut flooded when it rains, and his five children have lung problems because of the damp.  

Photo:  A Roma child of Konik.  [Source: BBC]

Veseb Berisa, a 37 year-old Roma refugee said, "We are the same as the other refugees, the Bosnians and Croats who came to this country during the war.  But the refugees from Bosnia have been given houses, all around this camp.  Why do they have different conditions to us? Why do we have to live like this?"

For more information, please see:

AlJazeera - Montenegro's Roma camp shame - 20 June 2009

BBC - Living in filth for 10 years - 20 June 2009

The Guardian - Home is a stinking rubbish tip for Kosovo's forgotten refugees - 19 June 2009

Two Teens Arrested After Belfast Race Attacks Against Romanians

By Ese Omofoma
Impunity Watch Senior Desk Officer, Europe

BELFAST, Northern Ireland - Two teenagers have been arrested by police investigating a number of racist attacks on Romanians in south Belfast. The two males being held are 15 and 16 years old, and are due to appear before Belfast Magistrates' Court on Monday morning.

The arrests came after many Romanians were forced to flee their homes in the south of the city after attacks last weekend. An anti-racism demonstration on Monday was disrupted when a dispute broke out between protesters and a gang of youths, who threw bricks and bottles. The Romanian families are now staying in a secret location.

A police spokeswoman said Chief Constable Sir Hugh Orde had held a "positive" meeting with the Romanian ambassador, Dr. Ion Jinga, during which he outlined the measures taken to ensure the families' safety. She said the ambassador had been assured that the police did not tolerate this type of crime and would "pursue those who carry out these attacks with vigour and determination".

Dr. Jinga met Northern Ireland First Minister Peter Robinson and Deputy First Minister Martin McGuinness on Thursday. He said he was shocked by the attacks over the last week. "I have been encouraged by the reaction of public opinion here because every reaction I have seen in the media at least was in objection to what happened two days ago," he said.  "I come to my first visit to Belfast in an unfortunate and unhappy context. It is a place where we could build up projects on economic grounds, cultural exchanges, social co-operation, there are so many things that can be done together."

A rally protesting against the racist attacks took place at Belfast City Hall on Saturday.

For more information, please see

BBC - Teens arrested over race attacks - 19 June 2009

Guardian - Two boys held after Belfast race attacks against Romanians - 19 June 2009

Sky News - NI Romanian Attacks: Second Teenager Held - 19 June 2009

 

 

 

Serbian War Crimes Court Convicts Four for 1999 Podujevo Massacre

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

BELGRADE, Serbia -On Thursday the Serbian War Crimes Chamber of Belgrade District Court sentenced three former members of a notorious Serb paramilitary unit called the Scorpions to twenty years in prison, with another receiving fifteen years because he was a juvenile at the time of the 1999 massacre. The massacre at Podujevo is considered one of the most brutal incidents of atrocity committed during the 1998-1999 Kosovo war, with elderly and children among the victims. The youngest victim was a twenty-one-month old infant.

During the trial, survivors recounted how the paramilitary forces lined nineteen members of an ethnic Albanian family up against a wall and opened fire on them. The account was substantiated by the testimony of a former Scorpion member's anonymous testimony.  He also reportedly witnessed the rape of one of the women, who was later shot.

Only five children, aged four to sixteen, survived the shootings, all with serious injuries. These children were saved from slaughter by regular Serbian troops who arrived on the scene of the massacre.

 
Pictured:  Saranda Bogujevci, a survivor of the massacre at Podujevo.  Bogujevci's extended family was killed in the massacre, and she had 16 bullets removed afterwards. [Source: CBC]

Bruno Vekaric, spokesman for Serbia's war crimes prosecution, said "This verdict shows that there are no untouchables in Serbia...All those who committed war crimes must face justice."

The Scorpions first drew public attention when footage of their 1995 execution of six Muslim youths from Srebrenica was shown at the U.N. war crimes tribunal in The Hague.

  
Pictured:  LEFT - Saranda's brothers, Shpetim and Shepnd Bogujevic. RIGHT - Saranda's grandmother, Shehide.  All three were killed in the massacre. [Source: CBC]

It was only possible for domestic war crimes trials of Serbs accused of committing atrocities during the Balkan wars of the 1990's to take place after the ouster of Milosevic in 2000.  Dealing with war crimes committed by Serb forces has been a primary obstacle faced by Serbia in its goal of obtaining EU membership.

For more information, please see:

AP - 4 Serbs convicted for Kosovo massacre - 18 June 2009

Reuters - Serbia jails ex-paramilitaries for killings - 18 June 2009

UPI - Serbia jails 4 men for Kosovo war crimes - 18 June 2009

CBC.CA - Massacre at Podujevo, Kosovo -  29 March 2004

 

Medvedev Introduces Legislation to Relax Restrictions on Civic Organizations and NGO's

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

MOSCOW, Russia - Russian President Dmitry Medvedev introduced legislation this week aimed at relaxing restrictions on civic organizations and non-governmental organizations operating in Russia. The legislation likely comes as part of an effort on behalf of the Kremlin to overhaul its international image as the first anniversary of Russia's war with Georgia draws near.

Human rights organizations have cautiously welcomed the reforms, having long criticized the government for blocking civic development. They caution that the changes, if passed by the Duma, are only the first step in loosening the restrictions imposed on civic organizations and NGO's.

 
Pictured:  Russian President Dmitry Medvedev  [Source: The Telegraph]

Under Putin, Russian leaders publicly vilified such groups as fronts for foreign intelligence agencies or terrorist groups. The Putin government sought to undercut the groups through implementation of intense bureaucratic regulation, harassment from enforcement and tax agencies, and specious lawsuits.  Laws were designed which required disproportionate action be taken against such agencies for the slightest violation. In recent years, leaders of such organizations have also faced an increasing number of physical attacks and verbal abuse.

Last month Medvedev convened an advisory board which included civic leaders and government officials whose purpose was to draft revisions to the laws governing NGO's. 

Holly Cartner, Europe and Central Asia director at Human Rights Watch said: "President Medvedev has taken the first steps to break from the increasingly authoritarian approach to civil society over the past nine years...Now he needs to make sure that the reform brings about real change, and push forward with other urgently needed measures to stop the bullying and pressure on nongovernmental organizations."

For more information, please see:

The Moscow News - NGOs set to get an easier ride - 18 June 2009

The Moscow Times - Bill to Ease NGO Law Sent to Duma - 18 June 2009

WSJ - Kremlin Creates Panel to Improve Russia's Image - 18 June 2009

Human Rights Watch - Russia: Let Civic Activity Flourish - 17 June 2009

Human Rights Watch Report - An Uncivil Approach to Civil Society - 17 June 2009