Impunity Watch: Europe

Belgium Arrests Bemba on ICC Warrant; Mass Grave Discovered in Bosnia; Bosnian Detention Camp Operatives Sentenced; Amnesty Criticizes Russian Human Rights

By Sarah Benczik
Impunity Watch Reporter, Europe

BRUSSELS, Belgium - Jean-Pierre Bemba, warlord and ex-presidential candidate, was arrested last Saturday (May 24, 2008) in Brussels on an arrest warrant issued by the International Criminal Court (ICC). 

Bemba is accused of war crimes and crimes against humanity for his leadership as head of the Movement for the Liberation of Congo (MLC), which allegedly committed atrocities in Central African Republic's 2002-2003 conflict.  This militia group was called upon by the then president of the CAR, Ange Félix Patassé, to counter a rebellion led by the current CAR ruler, François Bozizé. 

Bemba also ruled a large portion of northeastern Congo during Congo's 1998-2002 war, and after the peace agreement became one of Congo's four vice presidents.

ICC prosecutor Luis Moreno-Ocampo succeeded in obtaining the arrest warrant from the ICC after presenting evidence charging Bemba with six counts of rape, torture, pillaging, and outrages against personal dignity.

For more information, please see:

AllAfrica.com - Congo-Kinshasa: Belgium Arrests Former VP - 25 May 2008

AP - Former warlord Bemba arrested for war crimes - 25 May 2008

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ZVORNIK, Bosnia and Herzegovina - On May 22, 2008 Bosnian officials reported the finding of a mass grave containing the bodies of around 42 victims of the Bosnian war.

Officials believe that these may be the earliest victims of the war - Muslim Bosnians killed in Zvornik, which lies on the Bosnia-Serbia border, in April 1992.

The bodies will go through an identification process which includes DNA analysis, and will then be released to families. 

For more information, please see:

The Press Association - Experts find mass grave in Bosnia - 22 May 2008

B92 - Mass grave unearthed near Zvornik - 22 May 2008

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SARAJEVO, Bosnia and Herzegovina - The Bosnian War Crimes Chamber yesterday (May 30, 2008) sentenced three indictees charged with crimes against humanity in connection with the Omarska and Keraterm detention camps.

Zeljko Mejakic was sentenced to 21 years imprisonment, Momcilo Gruban to 11 years, and Dusan "Duca" Knezevic to 31 years. 

Mejakic was sentenced on the basis of his personal and command responsibility as the highest ranking official in Omarska.  Mejakic was the de facto commander of the camp where 3,000 Muslims and Croats were kept until the end of the war without adequate food and water and were beaten, tortured, and killed.

Gruban was sentenced on his command responsibility as one of the guard chiefs in Omarska.  Gruban had his own office in and moved freely about the camp; the Chamber noted that many witnesses testified that Gruban's shift was the "most correct" and many witnesses personally thanked him during the trial.  He was, however, in command when 30 - 40 people went missing in July 1992, and when another large group of prisoners, including 150 from Hambarine, were victims of a mass murder.

Knezevic was sentenced on the basis of personal responsibility, and although he held no official position at either camp, "his actions created an atmosphere of fear, so when he would come to the detention camp together with his associates the detainees were frightened." It was reported that he tortured and beat detainees to death or killed them with firearms.

The fourth indictee, Dusan Fustar, admitted guilt in April and awaits his sentencing.

Former Prijedor inmates travelled to Sarajevo on Friday to hear the verdict.  Many of them felt the sentences were not harsh enough. 

"They haven't revealed where our missing have been buried. Let these mothers find the peace," Turhanovic Sebiha, an Omarska survivor, told Reuters. She reported that some 500 detainees remain missing. 

For more information, please see:

BIRN - Mejakic at al: Jailed for 63 years - 30 May 2008

BIRN - Horrors of Omarska and Keraterm - 3 December 2007

Reuters - Court jails 3 Bosnian Serbs for warcrimes in camps - 30 May 2008

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MOSCOW, Russia - In the face of Amnesty International's recent criticism of Russia's human rights record, especially in Chechnya, Russian PM Vladimir Putin denied any wrongdoing.

"Fears about the absence of human rights in Russia are strongly exaggerated," he said. "In general, in my opinion, this subject is a kind of instrument to put pressure on Russia aimed at achieving some objectives that are not directly related to human rights."

Under Putin's presidency, Russia was often criticized for suppressing the media and failing to protect freedom of expression, peaceful assembly, and NGOs.  Putin's response: Russia is no different than other countries in the West; "any country has problems with human rights."

In a 15-page memorandum sent to Russian President Dmitry Medvedev, Amnesty International called on Medvedev to follow through on the commitment to human rights and freedoms he made in his inauguration speech. 

The memo also listed more egregious abuses plaguing Chechnya and other North Caucasus regions, where police allegedly abduct and torture civilians on a regular basis. The memo also condemned "Confessions extracted under torture from those alleged to be members of armed groups have been used as evidence in trials in the North Caucasus which fail to meet international standards of fairness resulting in long-term imprisonment."

International observers are watching to see if Medvedev, who is viewed as liberal-minded relative to Putin, will move to loosen laws and regulations that are viewed as particularly harsh for Russian civil society.

For more information, please see:

AP - Amnesty International urges Russian president to follow through on human rights pledge - 28 May 2008

CNN - China, Russia, U.S. focus of human rights report - 28 May 2008

RadioFreeEurope - Russia: Putin Keeps The Upper Hand In Paris Talks - 30 May 2008

Protesters Angry Over Georgia Election; EU Will Sustain Troops in Bosnia; UN Report Concludes Russia Downed Georgian Spy Plane

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

TBILISI, Georgia - Approximately 50,000 protesters gathered in Tbilisi today in one of the former Soviet Republic's largest showings of dissatisfaction its government.  They gathered in front of Georgia's parliament to protest last week's parliamentary election results.  In doing so, they smashed in barricades and amassed in front of parliament during what should have been a joyous independence day celebration.

Fortunately, no violent clashes between citizens have been reported.   

Preliminary results indicate that President Mikhail Saakashvili's party won the election by a landslide, winning about 120 of the total 150 seats.  Nevertheless, opposition leaders vow that they will not allow parliament to resume until the results are canceled and the parliament abolished. 

For more information, please see:

BBC - Protesters decry Georgia Election - 26 May 2008

International Herald Tribune - 50,000 turn out in Georgia to protest election results - 26 May 2008

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BRUSSELS, Belgium - EU ministers announced today that they will sustain 2,500 peacekeepers in Bosnia because current tensions in Kosovo could spill into other parts of the Balkans.  Since its independence was declared earlier this year, Kosovo has experienced a flurry of protests and tensions between the region's Albanian and Serbian populations. 

In part,Slovene Defense Minister Karl Erjavec also remarked that troops could not yet be removed from the region because Bosnia's leaders have failed to establish a new constitution.

This will slow down the EU's gradual reduction of troops from Bosnia which has been ongoing since 2004.  In an EU statement joined by other ministers, Erjavic said that the EU military presence will remain in Bosnia as long as it is deemed necessary.

For more information, please see:

Yahoo (AP) - EU to keep troops in Bosnia over Kosovo concerns - 26 May 2008

BBC - EU to cut troop numbers in Bosnia - 1 March 2007

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MOSCOW, Russia - A report released by the UN confirms that Russia shot down a Georgian spy plane over the separatist region Abkhazia last month.  Although Russia denied the allegations, radar tracking shows that, after the drone was shot down, the fighter jet returned to Russian airspace.  "Absent compelling evidence," the U.N. commented, "this leads to the conclusion that the aircraft belonged to the Russian air force." 

In its report, the U.N. scolded both Russia and Georgia.  While Russia's actions were "fundamentally inconsistent with a 1994 cease fire agreement," Georgia's monitoring mission was deemed unnecessary because it causes tension between the two sides. 

Russia and Georgia continue to be at odds over Georgia's separatist region of Abkhazia.  The Georgian government worries that Russia will recognize and perhaps assist this region in its bid for independence from Georgia. 

Rightfully so, the world community worries that further incidents between the two sides may lead to acts of impunity against Georgians and Russians caught in Abkhazia.

For more information, please see:

International Herald Tribune - Russian jet shot down Georgian spy plane, UN says - 26 May 2008

Yahoo (AP) - UN report says Russian plane downed Georgian drone - 26 May 2008

ICTY Postpones High Profile Trial; France to Transfer Rwandan to ICTR; Basques Demonstrate for Peace

by Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - On May 16 the Appeals Chamber for the International Tribunal for the Former Yugoslavia (ICTY) suspended the trial of two former security chiefs charged with training, arming and direcing paramilitary units that murdered and drove out non-Serbs from Croatia and Bosnia during the war.  The trial has been suspended because the Appeals Chamber ruled Jovica Stanisic too ill to effectively participate in his trial.

The trial of the two men, Javica Stanisic and Franko Simatovic, began on April 28 after trial judges allowed Stanisic to participate via a two-way video link between his detention block and the court.  Stanisic is suffering from depression and kidney stones. 

The Appeals judges ruled that the two-way video link "gave insufficient weight to Stanisic's fundamental right to be present in court," and questioned whether Stanisic would be able to effectively participate in his trial in "light of his physical and mental state of health."

Both men were close aides to Slobodan Milosevic, and are allegedly responsible for orchestrating the paramilitary groups Arkan's Tigers and the Scorpions.  If convicted of the murder, persecution, forced deportations and inhuman acts, they will face maximum life sentences. 

For more information, please see:

International Herald Tribune - UN appeals judges order suspension of war crimes trial of 2 former Serb security chiefs - 16 May 2008

IWPR - Stanisic Trial Adjourned on Appeal - 16 May 2008

PARIS, France - On May 16 the European Human Rights Court (HRC) refused to block the transfer of Dominique Ntawukuriryayo from France to Tanzania, where he will be brought before the Criminal Tribunal for Rwanda (ICTR). 

Ntawukuriryayo's attorneys had appealed to the HRC after France's Final Court of Appeal refused to block his transfer.  Ntawukuriryayo's attorneys argued that the ICTR, which is attempting to close cases by 2008, would eventually hand Ntawukuriryayo back to Rwandan authorities.

Prosecutors have charged Ntawukuriryayo with taking part in the massacre of Tutsis in 1994 in Gisagara, where thousands had gathered and were told they would be safe.  Ntawukuriryayo was Deputy Governor of Gisagara, and prosecutors allege that his actions led to the killing of not less than 25,000 Tutsi refugees on Kabuye Hill, Butare Province, Southern Rwanda.

Ntawukuriryayo had been living in France since 1999 and was arrested in Carcassonne in October 2007.. 

For more information, please see:

AFP - France to transfer Rwanda genocide suspect to war crimes court - 16 May 2008

AllAfrica.com - Rwanda: French Court Nods Transfer of Genocide Accused to UN Court in Arusha - 7 May 2008

MADRID, Spain- Hundreds of Basque Spanish citizens held a ceremony in San Sebastian on May 18 to commemmorate the lives of people killed in attacks by the ETA over the last forty years. 

The ceremony included speeches from the Basque regional president and a man whose son was killed in the 1998 Omagh bombing in Northern Ireland, and the production of a painting of two people embracing in front of a Basque landscape as a symbol of peace.

According to the International Herald Tribune, ETA is has killed more than 820 people in its campaign to carve a Basque homeland out of northern Spain and southwestern France. 

The most recent fatality at the hands of ETA occurred during a car bombing outside police barracks in Legutiano on May 14 where police officer Juan Mañuel Piñuel was killed.  The government said ETA had intended to massacre all 29 people inside the barracks at the time. The most recent ETA bombing occurred in the early morning hours of May 19 in Getxo. 

ETA declared a cease fire in March 2006, but has reverted to violence after failing to win concessions from Spain's socialist government. 

"Only one reason explains our commitment, the sense of why we must carry on, hang on and withstand so much pain," said Lorencio Sainz, a police officer who was seriously wounded in an ETA bombing in 1984. "It is for liberty and the rights of citizens." 

For more information, please see:

ABSCBN - Radio: ETA bomb strikes Spain's northern Basque - 19 May 2008

Euronews - Homage to ETA victims in Spain - 18 May 2008

International Herald Tribune - Basque demonstrators call for an end to violence - 18 May 2008

BRIEF: Georgia Scolds Russia Over Talks Of Abkhazia Military Base

TBILISI, Georgia - Officials in Georgia scolded Russia today over its alleged plans to establish a military base in the separatist Abkhazia region of Georgia.  Georgia warned that such a move by Russian officials would be irresponsible and would violate international law.

Russian authorities downplayed the accusation and denied that such a plan is, or ever was, in place.  And while Russia does not formally recognize Abkhazia's separatist government, it maintains very close ties to the people living in the region. 

Abkhazia continues to seek redress of its grievances with Georgia via independence, and it is of great concern to the international community that one small incident could touch off military aggression between these two sides.  The region has ruled itself since the secessionist war that occurred in the 1990s, a conflict that was ripe with acts of impunity committed against persons in the region taking part.    

For more information, please see:

Yahoo (AP) - Russia, Georgia joust over talk on Abkhazia base - 15 May 2008

BRIEF: Convictions Announced in France-Iraq Terror Trial

PARIS, France - Seven men were convicted in Paris on terror charges for helping to funnel fighters through France to Iraq.  The Associated Press (AP) reports that five Frenchman, a Moroccan, and an Algerian were convicted of "criminal association with a terrorist enterprise," which carries a maximum sentence of 10 years imprisonment. 

France continues to struggle with terrorism in its interests both at home and abroad.  These trials are important because they helped to further our understanding of how radical youths have been able to use European nations, like France, as staging posts for joining the Iraq war. 

For more information, please see:

Yahoo (AP) - 7 convicted in France-Iraq terror trial - 14 May 2008

BRIEF: Romania to Create Refugee Center

GENEVA, Switzerland - The United Nations High Commissioner for Refugees (UNHCR) announced Friday (May 9, 2008) that Romania will build an evacuation center for refugees.  The evacuation center, which will be capable of accomodating up to 200 people, will be the first of its kind in Europe. 

UNHCR spokeswoman Jennifer Pagonis said the facility will provide a temporary safe haven with effective and immediate protection for individuals or groups who need to be evacuated immediately from life-threatening situations before being resettled to other countries.

The agreement and project was developed and will be implemented through UNHCR, the Romanian Government, and the International Organization for Migration (IOM).  The center will be located in Timisoara.

For more information, please see:

UN News Center - Romania: evacuation transit centre to be created - UN refugee agency - 9 May 2008

ReliefWeb - Romania: Evacuation transit centre to be established - 9 May 2008

Savior of Warsaw Ghetto Children Dies

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

WARSAW, Poland - Irena Sendler is widely regarded as a hero for saving thousands of Jewish children from the horrors of the Warsaw Ghetto in World War II.  Unfortunately, she died today at the age of 98 after battling a long illness. 

During the second world war, Sendler used her position as a social worker to get in and out of the Warsaw Ghetto.  She smuggled children out any way she could, sometimes using boxes, suitcases, trolleys, coffins, sewers, and even her on skirt on one occasion.  Estimates reveal that she and about 19 others from the Zegoto organization (a group that was formed to help Jews during the war) saved approximately 2,500 children, who were then placed with families outside the ghetto.

Sendler recalled in a later interview that one of the most difficult parts of the operation was to convince mothers to part with their children in the ghetto.  In some cases parents refused, and most died in the gas chambers with their children.   

Sendler risked everything to save these kids, and it eventually caught up with her.  In 1943, she was arrested and tortured by the Gestapo.  Her arms and legs were broken and she was left out in a forest to die.  She was only found when several of her colleagues bribed Nazi officials to disclose her location. 

Like Oskar Schindler, Sendler also kept a list of children she had saved with the hope of one day reuniting them with their families.  She managed to keep the list hidden even while in Nazi custody. 

Her selfless act inspired a play entitled Life in a Jar (2000) that has been performed more than 200 times in North America and Europe.  It also inspired a recent biography and film production entitled Mother of the Children of the Holocaust: The Story of Irena Sendler.  Angelina Jolie is set to take on the starring role.

Although recognized as a hero, Sendler always rejected the idea.  In 2005 she remaried, "We who were rescuing children are not some kind of heroes.  That term irritates me greatly.  The opposite is true - I continue to have qualms of conscience that I did so little.  I could have done more.  This regret will follow me to my death." 

Last year, Poland passed a resolution honoring her for "organizing the rescue of the most defenseless victims of the Nazi ideology: the Jewish children."  She was also awarded the title, Righteous Among Nations, by Israel. 

For more information, please see:

BBC - Pole who saved ghetto Jews dies - 12 May 2008

Telegraph - Irena Sendler - 13 May 2008

Yahoo (Reuters) - Sendler, savior of Warsaw Ghetto children, dies - 12 May 2008

UPDATE: Election Results Suggest Democratic Victory In Serbia

BELGRADE, Serbia - Preliminary results from Serbia's general election suggest that President Boris Tadic will be the winner.  Tallies show that Tadic's Democratic Party claimed approximately 39% of the vote, while the Radicals claimed only 29%. 

Tadic's victory, if confirmed, paves the way for Serbia to continue on a path toward membership in the European Union.  It also suggests that the hunt for international fugitives Ratko Mladic and Radovan Karadzic will continue. 

These men were indicted in 1995 for genocide and crimes against humanity in connection with a massacre that took place in 1995 at Srebrenica. 

In this respect, a victory for Tadic also symbolizes a victory for human rights worldwide. 

For more information, please see:

BBC - Serbian reformers claim victory - 12 May 2008

Impunity Watch - Serbia's Parliamentary Election Threatens Impunity - 9 May 2008

UK Fails to Prosecute Sri Lankan Rebel Leader

By Sarah Benczik
Impunity Watch Reporter, Europe

LONDON, UK - Former Tamil Tiger leader Vinayagamoorthi Muralitharan was released by UK officials Thursday and was transported to an immigration detention center. He will be deported to Sri Lanka.

Muralitharan, also known as Colonel Karuna, was commander of the Tamil Tiger rebels in eastern Sri Lanka until 2004.  The next year, he and his militia turned against the rebel forces and began fighting alongside the government forces.  Both rebel fighter and government troops under his command are accused of torture, murder, and recruiting child soldiers.

 

Muralitharan was arrested in November in the UK for carrying illegal travel documents and sentenced to nine months in jail in January. He was carrying an authentic Sri Lankan diplomatic passport bearing a false name.

During his UK court case, Muralitharan said he received the false diplomatic passport from the Sri Lankan government, but it denies any links to him. Muralitharan reported that the defense secretary, who is the brother of Sri Lankan President Mahinda Rajapaksa, arranged the passport.

The British High Commission in Sri Lanka released a statement on Friday citing deep concerns that "Karuna and his faction have allegedly been responsible for murder and abductions and are still believed to be involved in intimidation and child recruitment," and that it had "concerns at the circumstances by which Karuna travelled to the UK."

The UN has accused Sri Lankan forces of helping Muralitharan recruit child soldiers to fight the Tigers.

Both Human Rights Watch and Amnesty International have criticized Muralitharan's release. Rights groups believed he could have been prosecuted for international war crimes, but the Crown Prosecution Service found there was "insufficient evidence to provide a realistic prospect of conviction for any criminal offenses in the UK."

Brad Adams, Asia director Human Rights Watch commented, "Britain is missing a golden opportunity to show that human rights violators like Karuna will be tried for grave abuses, no matter where they took place… If he escapes prosecution, it will be a tragedy both for his many victims and for international justice."

For more information, please see:

AFP - UK missed chance to charge Sri Lankan rebel: rights watchdog - 10 May 2008

BBC - UK transfers renegade Tamil Tiger - 9 May 2008

International Herald Tribune - Rights group unhappy that Britain did not charge ex-Sri Lankan rebel with alleged abuses - 10 May 2008

Serbia's Parliamentary Election Threatens Impunity

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

BELGRADE, Serbia - Serbian citizens will have the opportunity at Sunday's parliamentary election to choose between democratic and radical policies for Serbia's future.  President Boris Tadic, if reelected, has pledged to continue with his platform of pro-Western democratic policies.  He seeks to form a closer relationship with the European Union, a bond that will likely require Serbia to step up its efforts to capture fugitive war criminals Ratko Mladic and Radovan Karadzic. 

While many western officials are disappointed that efforts to capture these men seem to be lagging, Tadic is at least open to the idea.  Both are believed to be hiding in Serbia. 

But on the eve of the election, Tadic commands only 30% of the polls.  His rival, Tomislav Nikolic, an ultra-radicalist, also holds 30% of the tally.  With preliminary results this close, its likely that neither politician will secure a victory outright.

This election is of tremendous importance for Serbia's future.  If victorious, Nikolic is expected to turn Serbia away from Tadic's pro-Western policies.  Serbia will likely abandon its efforts to capture Mladic and Karadzic, and will continue to resist Kosovo's status as an independent nation. 

In short, this election may decide whether Serbia will become a welcome voice in the European community, or whether it will retreat back into isolationism. 

Human rights officials are very concerned that Mladic and Karadzic will never face justice in any government run by Nikolic.  Commenting on the matter, former Alex Whiting, a former prosecutor at the U.N. War Crimes tribunal for the former Yugoslavia, said, "It's very discouraging because we felt there was a real possibility that Mladic would be handed over...the Serbian government has played a waiting game and has just worn down the international community." 

Nikolic has made it clear that he will never turn either man in to face charges.

In this regard, the world's ongoing fight against impunity almost requires an election win by Tadic. 

Mladic and Karadzic were indicted together in 1995 for genocide and crimes against humanity for allegedly masterminding Europe's worst massacre since World War II: a 1995 slaughter of Bosnians and Muslims in Srebrenica.  Both have successfully eluded capture ever since. 

For more information, please see:

CNN - Elections highlight Serbia's uncertain future - 9 May 2008

International Herald Tribune - Kostunica warns of treason on eve of Serbian vote - 9 May 2008

Yahoo (AP) - Election in Serbia may cripple hunt for Gen. Ratko Mladic - 9 May 2008