Impunity Watch: Europe

Former Georgia Defense Minister Arrested After Accusations

By Brent Surgeoner
Impunity Watch Senior Desk Officer, Europe

TBILISI, Georgia - Former Georgia defense minister Irakli Okruashvili was arrested on charges of corruption Thursday, two days after he accused President Mikhail Saakashvili of ordering him to kill a businessman.

According to reports, twenty-four camouflage wearing policemen forcibly entered Okruashvili’s party headquarters, without a warrant, and detained Mr. Okruashvili.

The charges filed against him include extortion, money laundering, bribery and abuse of power, which dates back to his time as defense minister.

The opposition in Georgia feels the arrest was politically motivated.

Okruashvili’s lawyer, Eka Beseliya told the press that Okruashvili denies the charges against him.  She referred to him as a “political prisoner.”

Okruashvili’s arrest also sparked protests on Friday when as many as 15,000 took to the streets in front of parliament, demanding that President Saakashvili step down.

A member of Okruashvili’a party, Movement for a United Georgia, read a statement from Okruashvili in which he urged his supporters to “unite and fight.”

Although the opposition has generally been weak in Georgia, Friday’s protests united the parties into what they have dubbed the “Salvation Front.”  One former minister, Georgy Khaindrava said “we have a criminal regime and Saakasvili is a criminal.”  Another opposition leader, Koba Davitashvili of the People’s Party, said its “time we overthrew this gang led by Saakasvhili.”

So far the protests have been peaceful, with the exception of some minor clashes between protesters and police.

Okruashvili has long been a political ally of Saakashvili, until recently when he left his position as minister of economic development to pursue private business.  After Saakashvili won the presidency following the peaceful Rose Revolution protests in 2003, Okruashvili was appointed prosecutor general.  Later, Okruashvili was appointed defense minister, until the President Saakashvili fired him in 2006 in order to placate concerns from the West.  There was fear that Georgia’s desires to regain breakaway regions South Ossetia and Abhkazia could start a war with Russia.  Okruashvili served then served as minister of economic development for a few days before leaving in November.

On Friday, President Saakashvili finally responded to the allegations that he ordered Okruashvili to murder businessman Badri Patarkatsishvili, calling them “unpardonable lies.”

Okruashvili has not offered any evidence in support of the allegations.

Additionally, Georgia deputy prosecutor general, Nika Gvaramia, told reporters that he has solid evidence of Okruashvili’s involvement in corruption which has been offered by the testimony of former presidential spokesman Dimitri Kitoshvili.

Kitoshvhili has already been arrested and charged with corruption over a mobile-phone extortion scandal.  After providing testimony, Kitoshvili was released on bail.

For more information, please see:

Yahoo (AP) - Opposition Supporters Rally in Georgia – 28 September 2007

Yahoo (AP) - Ex-Defense Minister Detained in Georgia - 28 September 2007

BBC - Georgia President Scorns Accusers - 28 September 2007

BBC - Toughest Challenge for Georgian Leader - 29 September 2007

RadioFreeEurope - Former Georgian Minister Talks To RFE/RL Prior To Arrest - 28 September 2007

RadioFreeEurope - Thousands Rally In Georgia For Detained Ex-Minister - 28 September 2007

Reuters - Thousands Protest Against Georgia President - 28 September 2007

France Hosts U.N. Summit On Africa

by Jason Green
Impunity Watch Reporter, Europe

NEW YORK – World leaders met in New York on Tuesday to discuss plans to deploy a joint African Union (AU) – United Nations (UN) peacekeeping force into Darfur, a region torn by years of violence and instability.  The meeting was hosted by France at the UN headquarters in New York City, and it included participants from all over the world.   

The central goal of the meeting was to develop a cooperative partnership between the EU and the AU that will work towards ending the ongoing violence in Africa.  As a result of the meeting, plans are now underway to send 26,000 UN peacekeeping troops to combat the fighting taking place in the western Sudan.  Additionally, the EU will assist the AU in providing military aid to civilians in Chad and the Central African Republic that have been affected by the ongoing war in Darfur.   

There are approximately 400,000 refugees that have been displaced by the conflict in the region. 

In addition to increasing troop levels in the war-torn region, world leaders also noted that lasting peace requires that another element be added to the region: international justice.   

Richard Dicker, the Director of International Justice at Human Rights Watch, commented that “Justice is an indispensable part of lasting peace and security…Ending impunity for war crimes and crimes against humanity is crucial to building the rule of law and avoiding cycles of violence.  It also sends the message to would-be perpetrators that no one is above the law.” 

One man targeted for justice is Joseph Kony, the leader of Uganda’s rebel Lord’s Resistance Army.  He stands accused of facilitating murder, kidnapping, and slavery. 

Most notably, this meeting reflects a new partnership between the EU and AU that has never before existed.  It represents an unprecedented opportunity for these nations to work together to achieve the common goal of peace throughout Africa. 

For more information, please see:

The Boston Globe (AP) – France To Host U.N. Africa Summit – 5 September 2007

AP – Leaders Meet On Africa At U.N. – 26 September 2007

Human Rights Watch – UN: Summit On Africa Should Not Overlook Justice – 25 September 2007

Two Officers Jailed for Vukovar Massacre

By Brent Surgeoner
Impunity Watch Senior Desk Officer, Europe

AMSTERDAM, The Hague – Two of the three officers on trial for the Vukovar massacre of 264 people were convicted and sentenced today by the UN war crimes tribunal in The Hague.

Mile Mrksic received the longest sentence from the International Criminal Tribunal for the former Yugoslavia (ICTY).  He was convicted of murder and torture and sentenced to 20 years in jail.

Veselin Sljivancanin was convicted of torture and sentenced to 5 years in jail.  He was, however, cleared of the more serious extermination charge.

Miroslav Radic, the other defendant, was acquitted of all charges.

Vukovar, a town in eastern Croatia, close to the Serbia border, has been a symbol of the struggle for Croatian independence during the 1991-1995 Balkan wars.  It is also the site of one of the most horrific massacres of the wars.

In November 1991, after a 90-day siege, the town of Vukovar fell to Yugoslav forces.  At least 400 people, mostly Croats, took shelter in a Vukovar hospital hoping to be evacuated by international observers.

Soon after, local Serbian forces entered the hospital and started abusing the patients.  Then, according to prosecutors, 400 Croats were handed over to Serb forces by the Yugoslav army.  The Serb forces transported roughly 300 people by bus to a farm in Ovcara, about 2.5 miles outside of Vukovar.

The captives were beaten for hours, then shot and buried in mass graves.  At least 264 people were killed.

Mrksic, Sljivancanin, and Radic were accused of failing to prevent Serb forces from carrying out revenge attacks on Croats and covering up the events that happened.

All three managed to evade police for over seven years.  They were eventually arrested and processed by the ICTY between 2002-2003.

Prosecutors were seeking life sentences on charges of murder, torture, and persecution.  All defendants claimed they were innocent.

14 former Serb military members also received prison sentences in 2005 for their role in the Vukovar massacre.  Sentences, issued by a Serbian court, ranged from 5 to 20 years.

For more information, please see:

BBC - Two Jailed Over Croatia Massacre - 27 September 2007

Reuters - Ex Officer Sentenced to 20 Yrs for Vukovar Killings - 27 September 2007

Reuters - FACTBOX-Who are the "Vukovar Three"? - 27 September 2007

Yahoo (Reuters) - U.N. Tribunal to Rule in Vukovar Massacre Case - 25 September 2007

BBC - Vukovar Massacre: What Happened - 13 June 2003

Bomb Blast Kills Two In Kosovo’s Capital

by Jason Green
Impunity Watch Reporter, Europe

PRISTINA – Two people were killed and eleven were injured when a bomb exploded Monday in Pristina.  The blast occurred at approximately 2:10 near Bill Clinton Boulevard, a popular business and shopping district. 

Officials comment that at this time, it is too early to know the motive or identity of the perpetrator(s).  Police spokesman Veton Elshani gave a statement to the press reporting that, “We do not know the motive for the moment and we do not know who would stand behind this explosion.”  He did offer, however, that “Police are not ruling out anything, but it seems it [the blast] is more likely related to crime.” 

Authorities suspect that the explosion is part of a war between rivaling criminal gangs. 

Nevertheless, it is possible that the blast may be related to negotiations between Serbia and Albania that are scheduled to take place in New York on Friday.  The two sides are to meet to discuss the future of the region.  The talks are slated to be moderated by representatives from the United States, Russia, and the European Union. 

Kosovo has been protected by the UN since Serbian and Albanian forces fought to control the province in 1999.  Talks between the two sides have proven unsuccessful over the last 8 years.  The U.N. has imposed a deadline of December 10, 2007, to conclude these negotiations. 

The United States has indicated that it will recognize an independent Kosovo next year.  It is unlikely, however, that Russia will follow suit.  Russian officials wish to maintain Serbia’s current borders, and to keep them inclusive of the Kosovo region.  Some speculate that the blast may be an effort to sway the talks this week.    

The European Union today called for a swift investigation to uncover the perpetrators of this attack. More information will likely become available in the next couple of days. 

For more information, please see:

BBC – Deadly Blast hits Kosovo capital – 24 September 2007

Guardian Unlimited – Kosovo bomb blast kills two – 24 September 2007

The Washington Post (Reuters) – Blast kills two in apparent criminal Kosovo attack – 24 September 2007

RIA Novosti – EU calls for speedy investigation of deadly Kosovo blast – 25 September 2007

Germany No Longer Pursuing CIA Extradition

BERLIN, Germany - On Sunday, German officials confirmed their decision to drop an extradition request for 13 CIA agents after the U.S. indicated that it would not comply with the request.

Warrants for the 13 CIA agents were originally granted by a Munich court in January over allegations that the CIA engaged in the practice of “extraordinary rendition,” in which it kidnaps terrorist suspects from one country and flies them to third countries for interrogation.

Specifically, the charges came from alleged CIA involvement in the extraordinary rendition of Khaled el-Masri, a Lebanon-born German citizen, and Murat Kurnaz, a German-born Turk.

El-Masri claimed that in 2003 he was abducted in Macedonia, and flown to a secret prison in Afghanistan where he was tortured by CIA agents.  Later, he claims, he was dropped off in Albania and told the ordeal was a case of mistaken identity.  Munich prosecutors sought to pursue charges against CIA agents on grounds of wrongful imprisonment and causing serious bodily harm.

Similarly, Kurnaz alleged that he was abducted in Pakistan in 2001 and flown to Afghanistan for interrogation.  Kurnaz spent 4 ½ years in detention at Guantanamo Bay until he was released.

According to reports, Munich prosecutors originally asked the German government to issue a formal extradition request to the U.S. Justice Department, but German officials were hesitant about disturbing relations with the U.S.  Instead, Germany sent an informal legal request.

The U.S. responded that it would not comply.

German officials were concerned that pursuing the extradition request would hamper relations with the U.S. on counterterrorism efforts.  However, the arrest warrants are still in effect, meaning the 13 CIA agents could be arrested if they traveled to Germany or the European Union.

The U.S. Justice Department had no response to the news as its policy is to not discuss extradition requests.  It did acknowledge, with respect to el-Masri, that “to date, US courts have barred his suit based on the US government’s assertion of state secrecy concerns.”

El-Masri was arrested more recently in May for allegedly committing arson in Bavaria.  His lawyer has attributed el-Masri’s behavior to the stress and trauma from the alleged extraordinary rendition.

For more information, please see:

Yahoo (Reuters) - Germany Gives Up on Extradition of CIA Suspects - 23 September 2007

BBC - Germany 'Drops CIA Extradition' -  23 September 2007

Yahoo (AP) - Germany: U.S. Won't Send Kidnap Suspects – 22 September 2007

Washington Post - Germany Gives Up on Extradition of CIA Operatives - 23 September

Deutsche Welle - Report: US Will Not Extradite CIA Agents to Germany - 23 September 2007

Update: Chechen Leader Charged With Participating In Murder Plot

by Jason Green
Impunity Watch Reporter, Europe

MOSCOW, Russia - Shamil Burayev, a former candidate for the Chechen presidency, was arrested on Thursday as an accomplice to the contract-style murder of Russian journalist Anna Politkovskaya.  Before she was killed, Politkovskaya was credited with exposing atrocities recently committed by Russian forces in Chechnya.  Her work gained her notoriety internationally, but it likely also fueled the motive for her murder. 

On October 7, 2006, Politkovskaya was gunned down near her Apartment in Moscow.  She was 48 years old at the time of her death and left behind two children. 

In August, 2007, police arrested 10 suspects in connection with the shooting.  The suspects are believed to be affiliated with a Chechen criminal group that specializes in contract killings.  Five of the suspects are law enforcement officers that stand accused of providing Politkovskava’s killers with information about her whereabouts.  One of those officers, Lieutenant Colonel Pavel Ryaguzov, is part of Russia’s Federal Security Service, which is its top security agency. 

Prosecutor Yuri Chaika will likely attempt to tie Burayev to the killing by presenting evidence that Ryaguzov disclosed Politkovskaya’s address to Burayev shortly before her death. 

The Associated Press reports that Burayev’s defense lawyer plans to fight the charges.  “Burayev said he has nothing to do with this crime.  This is his clear position, and he is determined to prove it and to defend his honest name,” defense lawyer Pyotr Kozakov said. 

Burayev is the fifth the person to be charged in the conspiracy surrounding Politkovskaya’s death.  His arrest renews concerns about the safety of journalists that report against the Kremlin.  It is believed that Russian authorities may have had Politkovskaya killed because of the extensiveness of her reports on atrocities in Chechnya. 

For more information, please see:

Yahoo (AP) - New Charge in Russian Journalist's death - 21 September 2007

CNN (AP) - Reporter Killing: Chechen 'held' - 15 September 2007

BBC - Charges in journalist murder case - 22 September 2007

CNN (Reuters) - Four charged over reporter murder - 28 August 2007

Impunity Watch - Russian Police Arrest Chechen In Politkovskaya Murder Case - 16 September 2007

BRIEF: Germany Arrests Rwandan Genocide Suspect

FRANKFURT, Germany - Augustin Ngirabatware, former Planning Minister of Rwanda during the 1994 genocide, was arrested in Germany this week.  The International Tribunal on Rwanda is seeking his extradition on accusations that he armed ethnic Hutu militiamen during the genocide in Rwanda.  He is one of 18 International Tribunal war crimes suspects still at large.

For more information, please see:

BBC - Rwandan Genocide Suspect Arrested - 20 September 2007

Swedish Artist Not Afraid Despite Threats Over Mohammad Cartoon

On August 19, Swedish newspaper Nerikes Allehanda published a cartoon by Lars Vilks depicting the head of Prophet Mohammad on the body of a dog.

In response, some Muslim groups held demonstrations to protest the publication which violates their beliefs.  Images of Mohammad are forbidden under Islam.  Additionally, dogs are considered impure animals to many Muslims. 

However, grabbing recent headlines is the threat and bounty issued on Saturday by the self-proclaimed head of al-Qaeda in Iraq, Abu Omar al-Baghdadi.  In a taped message that has been aired over many Islamic websites, al-Baghdadi offers $100,000 “to the person who kills this infidel criminal.”

At one point, al-Baghdadi requests that Vilks be “slaughtered like a lamb.”  He is also offering an additional $50,000 for the killing of the editor at Nerikes Allehanda.  If the Swedish government fails to apologize, al-Baghdadi warned that al-Qaeda in Iraq will target Swedish companies Ericsson, Volvo, Ikea, and Scania.

The Swedish government has been quick in its efforts to defuse the volatile issue, especially after the backlash that occurred last year in Denmark.  In the Denmark incident, cartoons of Mohammad were published in newspapers across the world triggering riots in the Middle East that left 50 dead.  Additionally, there were attacks on Danish embassies and boycotts of Danish products.

In the present situation, Swedish Prime Minister Fredrik Reinfeldt has told Swedish news agency TT, “We are urging calm.  We are urging thoughtfulness.  We shall reject all those who call for violence and will oppose extremists’ attempts to worsen the matter.”

Additionally, on September 7, Prime Minister Reinfeldt met with 22 ambassadors from Muslim countries to discuss the situation.

So far, measures taken by Reinfeldt have won him praise from many leaders in the Muslim world.  Additionally, Swedish Muslim groups have expressed their opposition to the threats against Vilks.  Maintaining the peace in Sweden is an important task as over 18,000 Iraqi refugees have been welcomed in Sweden over the past year alone.

The International Press Institute has been the latest group to condemn the threats against Vilks.  Its director, Johann Fritz, issued a statement in which he said “the threat of violence is never justified as a means to curb freedom of expression or to encourage censorship.”

Additionally, Lars Vilks, has told reporters that he was not worried about the threat on his life.  “It is fundamental for Western thinking to be able to express one’s artistry without making exceptions for holiness,” he said, according to the BBC.

More recently, on Tuesday, Vilks displayed his sketch to a crowd of 100 people during a seminar at the Berwaldhallen concert hall.  He told the audience that his drawings were an attempt to push the lines of artistic freedom.  “A work of art is successful when it meets resistance,” he said.

The crowd applauded when Vilks showed the drawing.

However, despite Vilks worry-free attitude, Sweden’s security service (SAPO) is taking the threat against his life very seriously.  They told Vilks on Monday that he was no longer safe enough to live at home.  As of now he is being guarded by police at a secret location.

For more information please see:

BBC - Bounty Set Over Prophet Cartoon - 15 September 2007.

Reuters - Sweden Moves to Defuse Row Over Prophet Cartoon - 16 September 2007.

Yahoo - Police Tell Threatened Swedish Artist to Leave Home - 17 September 2007.

Yahoo - Cartoonist Hiding From al-Qaida Threat – 17 September 2007.

Yahoo - Swedish Artist Displays Prophet Cartoon – 18 September 2007.

International Herald Tribune - Media Watchdog Condemns Death Threats Against Swedish Artist, Editor - 19 September 2007.

Additional European Sanctions Possible Against Iran

by Jason Green
Impunity Watch Reporter, Europe

European authorities are considering additional sanctions against Iran in response to its continued refusal to halt its nuclear development program.  Although Iranian officials insist that their nuclear technology will only be used to generate power, there is great concern throughout Europe that Iran is planning to build a nuclear arsenal. 

French Foreign Minister Bernard Kouchner recently urged the U.N. Security Council to toughen its sanctions against Iran.  To date, the Council has passed two sets of sanctions, and both have failed to persuade Iran to halt its uranium enrichment program. 

Speaking on a French radio station last Sunday, Kouchner considered the possibility that Iran’s defiance may lead to war.  “We have to prepare for the worst, and the worst is war,” Kouchner told listeners. 

Joining in the effort to pressure Iran to halt its nuclear program are the United States, Britain, and Germany.  Absent successful U.N. sanctions, these nations are considering alternative economic and diplomatic penalties.  France has already asked two of its largest oil companies, Total and Gaz de France, to not perform work in Iran.  The U.S. and Germany are also considering similar sanctions if U.N. measures fail. 

The European powers will meet again on September 21 to discuss further action.  They will be joined by Russia and China.  It is possible that Russia may have the most leverage against Iran, as they are the chief supplier of fuel for Iran’s nuclear reactor. 

In response to European pressure, Iran is threatening to stop cooperating with the International Atomic Energy Agency (IAEA) if any new sanctions are imposed.  Reuters reports that Iranian President Mahmoud Ahmadinejad has no intention of ever abandoning uranium enrichment.  On state television, he told Iran that “[The west] talks about imposing sanctions against Iran, but they cannot do it.” 

Iran’s continued refusal could lead to a showdown in the coming months with western powers over its right to harbor nuclear weapon’s capabilities.  This could create more instability in a region that is already torn apart by the war in Iraq.

For more information please see:

AP - France warns nuclear Iran could mean war - 16 September 2007.

BBC - France warning of war with Iran - 17 September 2007

Reuters - France says must prepare for possible war with Iran - 16 September 2007

Russian Police Arrest Chechen in Politkovskaya Murder Case

Its been 11 months since Anna Politkovskaya, an investigative journalist internationally renowned for reporting abuses carried out by soldiers in Chechnya, was found dead in her Moscow apartment.

Two weeks ago, Russia’s Prosecutor General’s office announced it had solved the case after arresting 10 people in late August.  Now, Russian tabloid Komsomolskaya Pravda is reporting that former Chechen official, Shamil Burayev, has been arrested on suspicion of “organizing a murder.”  Reportedly, the Basmanny District Court approved the arrest one day after his detention.

Burayev served as the head of Chechen district Achkoi-Martan for 8 years, until fired by Chechen President Akhmad Kadyrov in 2003.  That same year, Burayev was an unsuccessful candidate for the Chechen presidency. 

Burayev was arrested on Thursday while driving through the streets of Moscow.

While the police have yet to comment on the case, Interfax news agency ran a quote from one of Burayev’s relatives stating “we don’t yet have any reliable information as to whether he is under arrest or not, but they told us he could be freed in a short while.”

According to Komsomolskay Pravda, Burayev’s alleged involvement in the Politkovskaya murder case was uncovered in relation to the arrest of Lt. Col. Pavel Ryaguzov, a member of Russia’s Federal Security Service, who was one of the 10 people arrested back in late August.

The tabloid reported that Ryaguzov allegedly gave Politkovksaya’s address to someone who had a role in her murder.  It is now suspected that Burayev was the “someone” who received the address.

Prosecutor General Yuri Chaika has stated in the past that Politkovksaya’s murder was organized by a Chechen crime group, based in Moscow, and specializing in contract killings.

Thus far, the handling of Politkovskaya’s murder investigation has been criticized internationally, but especially by her colleagues at Novaya Gazeta, the newspaper where she worked.  The editors of Novaya Gazeta have said that leaks of suspects’ names, like Burayev, are compromising the investigation.

The execution-style murder of Anna Politkovskaya last October aroused concerns of reporter safety in Russia.  A US-based group, the Committee to Protect Journalists has reported 13 contract-type murders in Russia since Putin has come into office.

For more information please see:

Yahoo - Chechen Detained in Reporter's Death – 15 September 2007.

New York Times - Chechen Former Official Is Held in Reporter’s Death – 16 September 2007.

RadioFreeEurope - Chechen Arrested On Suspicion Of Ordering Politkovskaya Hit - 15 September 2007.

Reuters - Russia arrests Chechen in Politkovskaya Probe-Reports - 15 September 2007.

Impunity Watch - 10 Arrested in Killing of Russian Journalist Politkovskaya - 27 August 2007.

Russia’s ‘Chessboard Killer’ Appears In Court For Trial

by Jason Green
Impunity Watch Reporter, Europe

One of Russia’s most notorious confessed killers was brought to trial on Friday.  Alexander Pichushkin, also known as “the chessboard killer” stands accused of killing 49 people, though he has confessed to killing at least 62 in the last fifteen years.   

His nickname, “the chessboard killer,” is derived from coins that were found on a chessboard at his home when he was arrested in June, 2006.  According to Pichushkin, he placed coins on individual squares to count his victims.  On the date of his arrest, he had filled 63 of the squares.   

Most of his victims were killed in Moscow’s Bittsevsky Park, an area near a shop where Pichushkin was known to have been employed.  During the last 15 years, Pichushkin lured them into the park with offers to drink vodka with him while he lamented over the death of his dead dog.  In truth, he never had a dog, but it was a clever ruse to get his victims into the park.  Once alone with them in wooded areas, and often while they were intoxicated, he killed them by shoving them into sewage pits or by delivering hammer blows to their heads.

During the proceeding on Friday, prosecutors spent several hours detailing each of Pichushkin’s crimes for the court.  Although he freely admitted his guilt in a televised confession, Pichushkin declined to enter a guilty plea.  The Associated Press reports that Pichushkin may be holding out on his plea in the hopes of receiving a transfer to a prison that offers inmates better conditions. 

Pichushkin also requested that he receive a jury trial, which is not often done in Russia.

Pichushkin’s crimes are comparable to the late Andrei Chkatilo, who was executed in 1994 for killing over 52 people.  If he is convicted, he will likely receive a sentence of life imprisonment. 

For more information please see:

AP – Accused killer used vodka, sob story to lure 62 victims – 14 September 2007.

Reuters – Russia’s “chessboard” serial killer goes on trial – 14 September 2007

BBC – Russian ‘chessboard killer’ on trial – 13 September 2007

Report Claims Ukrainian Government is Obstructing Investigation of Journalist’s Murder

It has been 7 years since the body of Heorhiy Gongadze was found, beaten, burned, decapitated and left in a shallow grave in a forest outside of Kyiv.  The person who ordered his murder is still unknown.

And now, the latest report from the International Federation of Journalists (IFJ) accuses Ukranian officials of thwarting efforts to move the investigation forward.

IFJ representative Simon Pirani said that the investigation has dwindled ever since new investigators took over the case. 

Gongadze’s widow, Myroslava Gongadze echoed these concerns.  She said “there were people who could at least have passed the parts of the case to the court and it was crucially important.”  “Unfortunately, they put aside the investigation process just when they were as close to [finding] a resolution as ever.”

Heorhiy Gongadze was an investigative journalist who sought to expose corruption in the Ukraine government.  As part of his efforts, he established a news website called Ukrainska Pravda, or “truth of Ukraine.”

Often, former Ukrainian President Leonid Kuchma and his administration were the target of Gongadze’s articles.  Many Ukrainians believe that Kuchma and members of his administration are behind the murder of Gongadze.

These beliefs are in part credited to evidence produced by Mykola Melnychenko, Kuchma’s former bodyguard.  Shortly after Gongadze’s death, Melnychenko released a taped recording in which people were heard plotting against Gongadze.  One of the voices on the tape strongly resembles that of then-President Kuchma.

According to an article from RadioFreeEurope, in the tape, a voice resembling Kuchma orders Yuriy Kravchenko, head of the Interior Ministry, that Gongadze be “taken, beaten, and thrown to the Chechens.”

After releasing the tapes, Melnychenko sought and was granted political asylum in the United States.  However, he has returned to Ukraine to testify in the Gongadze case.

Over the years, some Ukrainian politicians have urged greater investigation into this case.  According to RadioFreeEurope, Parliament speaker Oleksander Moroz, in 2006, accused government officials of not doing enough on the case.  “The investigation of this case is being deliberately prolonged by members of the government,” he said.  “This is the result of a politically motivated request. 

The “politically motivated request” is believed to have come from current President Viktor Yushchekno.  Many believe that he negotiated a secret immunity deal with former President Kuchma during the third round of balloting in the intense presidential elections of 2004.  Allegedly, this immunity was granted in exchange for Kuchma’s support in the election.  Both politicians deny these allegations.

Despite the controversy surrounding the Gongadze investigation, the Prosecutor-General’s Office has made some headway in the past.

Three police officers were tried for the kidnapping and murder of Gongadze in August of 2005.  They confessed to their involvement, but claimed they were acting under the order of Oleska Pukach, an Interior Ministry general.

Attempts to capture Pukach, by extradition and even kidnapping, have failed since he has fled to Israel.

The recent IFJ report calls on the Council of Europe to demand that the Prosecutor-General’s office stop obstructing the Gongadze investigation.  It also recommends the Ukrainian government release public information about the investigation and pursue criminal charges against those who are obstructing the investigation.

For more information please see: 

RadioFreeEurope - Ukraine Lacks 'Political Will' To Solve Gongadze Case - 12 September 2007.

Yahoo News -  Journalist's Murder Unsolved in Ukraine – 12 September 2007.

International Federation of Journalists - IFJ Condemns Ukraine Government “Sabotage” in Investigation of Journalist Gongadze’s Murder - 12 September 2007.

RadioFreeEurope - Ukraine: Gongadze Case Still Unsolved, Despite Pushing - 21 September 2006.

BBC - Ukraine Remembers Slain Reporter - 16 September 2004.

New Book Takes Aim at United States, Russia over Karadzic

by Jason Green
Impunity Watch Reporter, Europe

Peace and Punishment (translated Paix et chatiment) hit French bookstores early Monday, and in it author Florence Hartmann offers inside information about why she believes the plot to catch Radovan Karadzic failed.  Karadzic is currently wanted by the U.N. on charges of war crimes and crimes against humanity for the 1995 massacre that killed over 8,000 people in Srebrenica.   

As the former spokeswoman for Carla del Ponte, chief prosecutor at the U.N. war crimes tribunal for the former Yugoslavia, Hartmann claims that she accessed information indicating that the United States and Russia obstructed French efforts to capture Karadzic before the turn of the century.  She claims that, despite knowledge of Karadzic’s whereabouts, former President Clinton refused to go forward with an arrest unless French police were willing to notify Russian authorities of the operation. 

Additionally, she claims that although Russian authorities may have feigned cooperation, they never intended for Karadzic to be captured.  She also offers evidence to support that Karadzic may have been shielded from authorities in Belarus.   

The BBC reports that some of Hartmann’s information came directly from former French President Jacques Chirac, who became increasingly frustrated by the lack of cooperation towards the apprehension effort from U.S. and Russian officials. The book even alleges that former Russian president Boris Yeltsin told Chirac that he would send a plane to rescue Karadzic if he ever became endangered. 

This book is published just over two years before the Yugoslavia War Crimes Tribunal is to conclude its work in 2010.  With only a short time left, the tribunal feels a sense of added pressure to apprehend Karadzic.  Last June, the Associated Press reported that del Ponte described the failure to apprehend Karadzic as a “permanent stain” on the tribunal.   

Karadzic and his top general, Ratko Mladic, are under indictment for the mass killing at Srebrenica that killed over 8,000 men in 1995.  The United States is currently offering a $5 million reward for the capture of either man.    

For more information please see: 

AP – Book: Russia, US blocked Karadzic catch – 10 September 2007

BBC – Russian pressure ‘saved Karadzic’ – 10 September 2007

UN – Karadzic Case Information Sheet - 23 June 2004

Germany Considers Adopting New Laws to Combat Terror

by Jason Green
Impunity Watch Reporter, Europe

German officials arrested three men on Tuesday as they were in the advanced stages of plotting attacks against western targets.  The suspects had amassed enough explosive materials to create a blast rivaling the recent bombings in London and Madrid just a few years ago.  Had the terror plot been successful, the blast would likely have resulted in hundreds of casualties.      

The deadliness of the plot has sparked concern over whether Germany is doing enough to combat terrorism.  In the short time since Tuesday’s arrests, new laws are being considered that would tighten German security, including legislation that would make it a crime for anyone to attend a terrorist training camp.  Also under debate is the extent to which the German government should be allowed to monitor emails and other private communications of persons of interest. 

A strong argument can be made for increasing security measures.  This terror plot was foiled with the help of information from the United States, which gathered its intelligence in part by monitoring the cell phone conversations of the suspects.  The suspects are also believed to have undergone paramilitary training at a terrorist training camp in Pakistan. It is argued by some that criminalizing one’s attendance at any terrorist camp might help to prevent future attacks.   

Yet not everyone believes that this proposed legislation is a good idea. Lawmaker Ulla Jelpke stated that “With this [legislation to criminalize attending a terrorist camp], not just the investigation but the punishment itself is moved far ahead of any concrete action that constitutes a concrete attack on the life and limb of others.  This is incompatible with state law.”

These proposals have also generated considerable debate along German party lines.  The Associated Press reports that while conservatives generally support additional measures that would enhance security, Social Democrats condemn the legislation as an invasion of personal privacy. 

Undoubtedly, the German Government will continue to address these issues to determine whether a new law is practical in the coming months. 

For more information please see:

AP – Germany mulls terror training as a crime – 7 September 2007

BBC – German shock at bomb plot arrests – 5 September 2007

CNN – U.S. tip-off unraveled terror plot – 7 September 2007

Judge Sparks Debate After Call for Nationwide DNA Database in UK

Lord Justice Stephen Sedley, a seasoned appeal court judge in England, caused a national debate after making a statement that all citizens of and visitors to the UK should be included in the national DNA database.

The UK database, now 12 years-old, is one of the largest in the world.  It contains the DNA of over 4 million people, or roughly 5.2% of the UK population.  That is a large percentage of the population when compared with other countries that have national DNA databases.  For example, in Germany, 0.41% of the population’s DNA is on file, in the U.S., 0.5% of the population’s DNA is recorded, and in Spain, 0.01% of the population is in their database.

The reason such a large percentage of the population’s DNA is on file in the UK is that the Criminal Justice and Police Act of 2001 grants the police permission to take and keep DNA samples of anyone arrested for a recordable offense, regardless of whether they are convicted or even charged.

A recordable offense is any offense that could result in a sentence of imprisonment.

Statistics show that the national DNA database grows at a rate of 30,000 samples per month, or one sample every 45 seconds, and helps police solve 20,000 crimes a year.

Statistics from the Home Office and Census further show that 40% of the people in the database are black men as opposed to 9% white men.

Lord Justice Sedley’s remarks were about fairness.

“We have a situation where if you happen to have been in the hands of the police, then your DNA is on permanent record.  If you haven’t, it isn’t.”

“It means where there is ethnic profiling going on disproportionate numbers of ethnic minorities get into the database . . . It also means that a great many people who are walking the streets and whose DNA would show them guilty of crimes go free,” he told the BBC.

The British government was quick to issue a statement that it was not planning on implementing a nationwide mandatory DNA profiling system.  However, some were sympathetic to Lord Justice Sedley’s position.

In fact, last year, former Prime Minister Tony Blair said that it was a good idea for all UK citizens to be in the database.

Additionally, some police chiefs have suggested DNA samples should be recorded from birth.

Home Office Minister Tony McNulty said there was “logic” to Lord Justice Sedley’s remarks, but that he underestimated “the practical issues, logistics, civil and ethical issues that surround it.”

Human rights groups, on the other hand, condemned Lord Justice Sedley’s remarks.

Shami Chakrabarti of Liberty, a civil liberties group, said that “a database of every man, woman and child in the country is a chilling proposal, ripe for indignity, error and abuse.”

For more information please see:

BBC - All UK 'Must Be on DNA Database' - 5 September 2007.

Guardian Unlimited - Judge Wants Everyone in UK on DNA Database - 5 September 2007.

Yahoo News - UK Judge Wants DNA Base for All - 5 September 2007.

BBC - 'No Plan' for DNA Samples for All - 5 September 2007.

Times Online - Judge Calls for a DNA Bank to Cover Everyone - 5 September 2007.

Telegraph - National DNA Database Being Built by Stealth - 5 September 2007.

ETA Ceasefire Uncertain After Arrests

Four people were arrested in southern France near Toulouse early Saturday morning for their suspected involvement in the December 30, 2006 car bombing that killed two people at an airport in Madrid.  The suspects are believed to be members of the ETA, a Basque separatist group that has long battled Spain to establish an independent Basque state. 

The suspects include Luis Ignacio Iruretagoyena, who is believed to be an ETA bomb-making expert, Ander Mugica, Alaitz Aramendi Jaunarena, and Oihan Barandalla.  Spanish authorities report that, just prior to the arrest, the group was amassing explosives and preparing a new car bomb.  Although the suspects were armed, they did resist arrest.   

These arrests come as the latest chapter in a long feud between the ETA and European authorities.  Both Spain and the European Union have repeatedly expressed that they do not want a Basque state, yet since 1968 the group has violently persisted with its movement to achieve full independence from Spain.  Both the United States and the European Union currently classify the ETA as a terrorist organization.   

Fully known as Euskadi Ta Azkatasuna, the ETA’s name translates to ‘Basque Homeland and Freedom.’  The group emerged in the 1960’s as part of a student resistance movement to General Franco’s then military dictatorship.  They are believed to have reached the height of their power during the late 1970’s when they executed attacks on Spanish soil that killed an average of 100 people per year. 

Although the ETA’s power is believed to have fizzled over the years, more recent attacks have sparked a political chess match between the ETA and the Spanish government.  In July, 1997, the ETA kidnapped and executed a Spanish councilor for the popular party when the government failed to release 460 of its prisoners from Spanish jails.  The following year, the ETA called a ceasefire, which it subsequently ended in 1999 after the Spanish government refused to negotiate.   

The ETA called yet another ceasefire in March, 2006, however the December, 2006 bombing that killed two people in Madrid suggests that the violence may continue despite any ceasefire claims.  Additionally, the four suspects arrested Saturday are suspected of having planned the failed attack last weekend in Castellon, Spain.      

For more information please see:

“4 ETA Suspects arrested in France” AP: http://news.yahoo.com/s/ap/20070901/ap_on_re_eu/spain_basque_arrests;_ylt=AsoPLKHkLqK.ifY7HnqU6wN0bBAF. 1 Sept 2007.

“Four Basque Suspects Arrested in December Attack on Airport” The New York Times: http://www.nytimes.com/2007/09/02/world/europe/02eta.html?ex=1189396800&en=710ea281a224868a&ei=5040&partner=MOREOVERNEWS, 2 Sept 2007.

“ETA suspects held over ‘bomb plot’” CNN: http://www.cnn.com/2007/WORLD/europe/09/01/france.eta/index.html, 1 Sept 2007>

“Who are Eta?” BBC: http://news.bbc.co.uk/2/hi/europe/3500728.stm 5 Jan 2007

Records Reveal UK Tested Mustard Gas on Indian Soldiers During WWII

The Guardian newspaper unveiled documents from the National Archives on Saturday that detail chemical weapons experiments conducted on colonial Indian troops during the WWII era.

The testing was conducted by Porton Down, one of the world’s oldest chemical warfare research installations.  It took place at a military base in Rawalpindi, which is now a part of Pakistan.

According to reports, hundreds of Indian troops were ordered into gas chambers where they were exposed to mustard gas.  In some cases the troops were given respirators; other times, to examine the effect of mustard gas on the subjects’ eyes, the soldiers were ordered to wear only “drill shorts and open-necked, khaki, cotton shirts.”

The immediate effects of the tests on the soldiers were severe burns to the skin, including the genitals, which left the test subjects in pains for days.  Some were even hospitalized.  Scientists also reported that “severely burned patients are often very miserable and depressed and in considerable discomfort, which must be experienced to be properly realized.”

The long-term effects of mustard gas testing were not a concern to the Porton Down scientists who did not conduct follow-up evaluations on the Indian soldiers.  However, modern science has revealed that mustard gas can lead to cancer, as well as respiratory and other diseases.

The tests, which were conducted over a 10-year period slightly before and during the war, were part of a larger project to develop poison gas weapons to be employed against the Japanese.  Scientists sought to determine the quantity of gas necessary to cause a casualty on the battlefield.

Colonial Indian troops were not the only soldiers subject to Porton Down chemical experiments.  Between 1916 and 1989 some 20,000 British soldiers, both male and female, have also served as subjects in chemical warfare experiments.  Many of these soldiers have alleged that they were tricked into participation.

Recently, a few British servicemen did receive compensation for their unwilling participation in military experiments.  For example, last year the government doled out an award for three soldiers who were administered LSD without consenting to the experiment.

Although British troops were subject to Porton Down mustard gas experiments as well, reports reveal that scientists wanted to investigate whether mustard gas caused greater damage to darker Indian skin in comparison to lighter British skin.

In response to the Guardian’s uncovering of chemical weapons experimentation on Indian troops, Porton Down officials have responded that it was a different time back in the 1930s and it was amidst a horrible world war, therefore they “should not be judged by today’s standards.”

For more information see:

Military Scientists Tested Mustard Gas On Indians, Guardian Unlimited, http://www.guardian.co.uk/military/story/0,,2160245,00.html, 1 September 2007.

UK Tested Poison Gas On Indian Soldiers, Yahoo News, http://news.yahoo.com/s/ap/20070901/ap_on_re_eu/britain_india_poison_gas;_ylt=AjXcfOBLVoy6svghAH2BCQd0bBAF, 1 September 2007.

Britain Used Indian Troops as Guinea Pigs, Times of India, http://timesofindia.indiatimes.com/Britain_used_Indian_troops_as_guinea_pigs/articleshow/2330051.cms, 2 September 2007.

Report: Britain Tested Chemical Weapons on Indian Colonial Troops, Voice of America, http://www.voanews.com/english/2007-09-02-voa11.cfm, 2 September 2007.

Britain Tested Mustard Gas on Indian Troops, Hindustan Times, http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=91a07b9e-83a2-40d4-9ed3-0a32baf51837&&Headline=Britain+tested+mustard+gas+on+Indian+troops, 2 September 2007.