Impunity Watch: Europe

EU Monitors Begin Mission in Georgia

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

TBILISI, Georgia - Observers from the European Union have arrived in Georgia and will now begin monitoring the recent cease fire agreement between Russia and Georgia.  By the terms of the contract, Russia has 10 days to withdraw its forces from the region surrounding Abkhazia and South Ossetia.  During these ten days, EU monitors will replace Russian peacekeeping forces that have set up command posts throughout the area.   

Thus far it seems that Russia is set to meet its obligations.  Javier Solena, a spokeswoman for the EU Foreign Affairs Chief, told reporters on Tuesday that, "We have no indication that Russia will not withdraw from the positions they have to withdraw from.  We are convinced that they will abide by their commitments.  We gave the go-ahead today, and by tomorrow the monitors will be in place." 

That Russia will likely withdraw its forces peacefully is good news for the region.  Some reports indicated as recently as a week ago that Russia might not honor the terms of the agreement. 

Nevertheless, EU monitors cannot begin all of their work because they do not yet have access to vital areas of their mandate.  Russian forces have not yet allowed them to enter the buffer zone between surrounding South Ossetia.  EU officials hope that this restricted access is temporary, and that in a just a few days the observers will be allowed access all areas in the region. 

The cease fire agreement between Georgia and Russia became necessary as the result of a short war between the two sides in August.  Georgian forces reacted to violence occurring within its borders, and Russia subsequently invaded the nation to protect Ossetians from being killed.  While the west generally views Russia's invasion of Georgia as a disproportionate response to what was happening within Georgia's borders, Russia continues to defend its actions, and now recognizes Abkhazia and South Ossetia as independent states. 

For more information, please see:

Impunity Watch - EU Monitors prepare for Vital Georgia Mission - 26 September 2008

Impunity Watch - Mounting Tension Over Troop Levels in Georgia - 22 September 2008

International Herald Tribune - EU monitors set to deploy in Georgia - 30 September 2008

Yahoo (AP) - EU monitors begin Georgia mission, awaiting access - 30 September 2008

Terror Suspects Arrested Aboard KLM Flight

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

BERLIN, Germany - Two terror suspects were arrested Friday morning aboard a KLM flight that was set to depart from Cologne en route to Amsterdam.  German officials boarded the plane just before its 7 AM takeoff and grabbed the two suspects.  The remaining passengers were then forced to exit the plane for a brief time so that all baggage could be identified and accounted for.

The suspects, a 23 year old Somali and a 24 year old German born in Somalia, were unarmed when they were taken and offered little resistance.  It is believed that the two men were scheduled for a brief stop in Amsterdam before continuing on to Uganda, which authorities believe was their final destination.

These arrests conclude an extensive surveillance operation by German authorities of the activities of these two individuals.  While German police officials would not disclose details of their investigation, they did report that these men had been tracked for some time before officials moved in.  Additionally, they reported that the suspects had left behind documents explaining their willingness to "wage jihad" and execute a terrorist attack, although the exact whereabouts of any potential attack are unknown. 

German officials openly acknowledge that they are troubled by these arrests because they represent yet another indicator that a terrorist attack may occur within Germany's borders.  It is true that Germany has thus far been effective in preventing terrorist attacks, although some believe that the threat is increasing.  The State Secretary of the German Interior Ministry August Hanning told reporters over the weekend that "We have noticed that they [terrorists] have become more active.  We fear that an Islamist group could in fact realize what they have announced, an attack here in Germany."

The German Federal Criminal Police also made a plea to the public this weekend for information leading to the capture of Eric Breininger, a German covert to Islam, and Hussein al-Malla, from Lebanon.  Both men are believed to have ties to terrorist groups and are on their way to Germany from a terrorist training camp in Pakistan. 

In this fashion, the arrests of these two men may be viewed as a signal to the German population of the need to be ever vigilant of the rising threat of terror occuring in Germany. 

For more information, please see:

CNN - German police seize terror suspects on KLM flight - 26 September 2008

International Herald Tribune - German police storm KLM jet to arrest 2 - 26 September 2008

Yahoo (AP) - German cops raid plane, arrest 2 terror suspects - 26 September 2008

EU Monitors Prepare for Vital Georgia Mission

by Ese Omofoma
Impunity Watch Reporter, Europe

TBILISI, Georgia - Nearly 200 European observers arrived in Georgia today to promote a plan to stabilize the country that was rocked by war last month.  The arrivals were part of a vanguard of approximately 300 unarmed EU observers due to be in position on October 1st, 100 more observers than initially planned.

An EU official reported, "it will most likely be a bigger number, in order to have 200 in the field, we are looking around 300 including support staff."  The official added, "that the increase reflected interest from member states to show commitment to the mission due to be on the ground by Oct. 1st to observe the pullout of Russian force-over, the following 10 days."

The official denied it had anything to do with the failure last week of negotiations at the Organization for Security and Cooperation in Europe (OSCE) to deploy an extra 80 international monitors.

As the EU observers arrived, both Russia and Georgia urged the EU to take tough stances against the other party.

Russia has committed to moving its troops back to their "pre-conflict positions" by October 10th, following the start of the mission on October 1st.

Russia had sent troops deep into Georgia during a five-day war last month over Georgia's breakaway province of South Ossetia.  After routing Georgian forces, Moscow recognized both South Ossetia and Abkhazia as independent states under its protection.

Some analysts doubt Russia will withdraw its troops from South Ossetia and Abkhazia.

Russia has said the observers can only work in the buffer security zones it established on Georgian territory adjacent to the two regions after the war.  The EU says the monitors should have, "unfettered access to all of Georgia, which it says includes the rebel regions of Abkhazia and South Ossetia.

Georgia's security council responded by saying a firm stance was needed that would lead to the withdrawal of all of Russia's troops from every region of Georgia, including the rebel regions.

For more information, please see:

AFP - EU monitors gear up for vital Georgia mission - 26 September 2008

BBC - EU prepares Georgia observer role - 26 September 2008

Taiwan News -  EU monitors arrive in Georgia as operation gears up - 26 September 2008

Britain, France Bargain with Bashir Immunity

By Sarah Benczik
Impunity Watch Reporter, Europe

NEW YORK, United States - British representatives to the UN General Assembly this week set off a firestorm of debate when they announced Britain would back immunity for Omar al-Bashir.  British officials hope to exchange immunity from his indictment for war crimes and genocide in Darfur for cessation of fighting in the region, entry of UN forces, and the return of two million refugees.

International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo asked the ICC to issue an arrest warrant for Bashir in July on charges connected to the ongoing genocide in Darfur where, according to Reuters, at least 35,000 people have been killed outright, at least another 100,000 have died due to starvation and disease, and 2.5 million have fled from their homes.  An ICC hearing will begin on October 1, 2008.

Following the British, French President Sarkozy also called on the Sudanese government to end the violence, and announced that if Khartoum authorities "completely change their policy," France would back the suspension by the UN Security Council of indictments handed down against Sudanese leaders by the International Criminal Court.

The UN Security Council has the ability to suspend ICC proceedings, and both Russia and China currently back suspension of the Bashir's indictment.  Both the African Union (AU) and the Organisation of the Islamic Conference (OIC) have also put pressure on the UN Security Council to suspend the proceedings.

UN Secretary-General Ban Ki-moon recently said in a statement that the balance between peace and justice “should never be influenced by the threats and postures of those seeking to escape justice".  Amnesty International criticized the possible suspension of the case and arrest warrants "a dangerous precedent" which could be interpreted by the leaders of other nations accused of war crimes as a sign that "their immunity is always negotiable."

For more information, please see:

The Canadian Press - French president Sarkozy urges reform of capitalist system - 24 September 2008

The Economist - Saving the president - 25 September 2008

Jurist - ICC prosecutor making case for Sudan leader arrest as UN General Assmembly meets - 23 September 2008

Reuters - Sudan dismisses Bashir indictment push - 25 September 2008

Reuters - ICC to query case of Sudan's Bashir next week - 25 September 2008

The Scotsman - Justice the price paid for peace?  It wouldn't be the first time - 25 September 2008

sudantribune.com - Ghana will not arrest Sudan president even if warrant issued - 25 September 2008

Serbia Investigates Nazi War Criminal

by Ese Omofoma
Impunity Watch Reporter, Europe

BELGRADE, Serbia - Serbia's war crimes prosecutors formally launched proceedings Wednesday against a World War II suspect accused of participating in mass killings of Jews and Serbs during the Nazi occupation.

Sandor Kepiro, a Hungarian citizen, is suspected of playing a role in a raid by Hungarian forces in January of 1942 in Northern Serbia.  The prosecutor's office said Hungarian forces, "in an attempt to destroy members of the Jewish and Serbian national groups, they killed at least 2,000 of them."  Prosecutors have lodged a request for an investigation against Kepiro with the Belgrade war crimes court.  The request is the first step toward an indictment and a trial.

Prosecutors also requested the court extradite Kepiro to Serbia.

The prosecutor's office said it had evidence of the mass killings of civilians in the northern town of Novi Sad.  "The civilians were killed in their homes, on streets, playgrounds and by the Danube river, where they were pushed through holes in the ice, either while still alive of having been shot."

The civilians were stripped naked and all their personal belongings were taken away, the statement added.

Prosecutors say Kepiro was a gendarme captain who was in charge of a group of street patrols that killed at least 42 Serb and Jewish civilians, 11 of them children.

Last week, Efraim Zuroff, leading Nazi hunter and head of the Israeli branch of Simon Wiesenthal Center, visited Serbia and urged authorities to seek the extradition of Kepiro and two other WWII suspects.

Kepiro had emigrated to Argentina after WWII but returned to Hungary in 1996.  He was never punished for his role in the killings in Serbia.

Kepiro is now 94 years old.

For more information, please see:

CNN - Serbs probe suspected Nazi war criminal - 24 September 2008

International Herald Tribune - Serb prosecutors seek probe against WWII suspect - 24 September 2008

Reuters - Serbia investigates World War Two genocide suspect - 24 September 2008

Czech Muslims Allege Society's Bias

By Sarah Benczik
Impunity Watch Reporter, Europe

PRAGUE, Czech Republic - The Czech government's Human Rights Commissioner, Jan Litomisky, has recently been accused of being biased against Czech Muslims.  He and other Czech government officials have rejected the accusations as "attempted intimidation."

"Reactions similar to this nourish my conviction about the intolerance of the Muslims who view any criticism as an attack," he told a reporter for the Prague Daily Monitor.  "If they react to criticism by completing a list of persons who have criticized them and presenting it as a list of their enemies in a situation where many Muslims cooperate with terrorist groups, I consider this intimidation."

Outright criticism of Litomisky came on Monday when the Czech Muslims and the Libertas Independent Agency released a report on "Islamophobia of Czechs," which accused him of being biased against Muslims and preaching xenophobia and latent prejudices.  The report cited a number of attacks on Islam in articles in many Czech dailies, magazines and Internet servers, and reported that many Czech politicians make negative comments concerning Muslims.

The Czech Interior Ministry questioned the objectivity of the report, and Dzamila Stehlikova, Minister for Human Rights and Minorities, said there has not been any significant rise in anti-Muslim moods in the country.

However, supporters of the Czech far right National Party plan to protest Islam outside a historic landmark mosque in Brno on Wednesday.  The demonstration is being tauted as a reaction to the death of Czech ambassador Ivo Zdarek who was one of the 52 killed in the recent terrorist attack in Islamabad.

For more information, please see:

Dzeno Association - Czech Muslims say government's human rights commissioner biased - 23 September 2008

Prague Daily Monitor - Czech Muslims say govt's human rights commissioner biased - 10 September 2008

Prague Daily Monitor - Nationalists to stage protest against Islam - 22 September 2008

Mounting Tension Over Troop Levels in Georgia

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

TBILISI, Georgia - Russian officials confirmed their unwillingness today to consult western nations or Georgia on the issue of how many troops Russia will be allowed to maintain in the breakaway regions of South Ossetia and Abkhazia.  Prime Minister Vladimir Putin remarked today that the decision "was down to Russia and the states involved." 

Putin also told the press shortly after meeting with French Prime Minister Francois Fillon, "The question of our armed forces presence in these territories will be agreed on bilateral basis, in line with international law and on the basis of agreements between Russia and the states in question."

These comments represent a growing concern from western officials that Russia will disregard its own pledges made during a cease-fire agreement with Georgia.  A short war erupted between the two nations last month on August 7 when Georgian forces attacked the South Ossetia region in response to several explosions that had taken place in the region.  Russian officials then responded to the attack in an effort to protect its own citizens.  They routed the Georgian army and occupied several pieces of Georgian territory, including the regions Abkhazia and South Ossetia. 

Pursuant to the cease-fire agreement, Russia is expected to withdraw its forces from Abkhazia and South Ossetia before EU observers are deployed.  These observers are expected to be in place by October 1.  That Russia announced its unwillingness today to cooperate with western officials suggests that it may not honor this agreement.  If this happens, the citizens in Abkhazia and South Ossetia that are caught between the two sides may be subjected to further difficulties in negotiating a lasting peace agreement between the two sides.   

Russia now recognizes Abkhazia and South Ossetia as independent states.  In taking a shot at the recent recognition of Kosovo's independence, Putin also observed today that, "we [Russia] recognized South Ossetia's and Abkhazia's independence in the same way as many European countries recognized Kosovo's independence." 

For more information, please see:

BBC - Putin defiant on Caucasus Troops - 21 September 2008

CNN - Medvedev: Russia won't be pushed into isolation - 19 September 2008

Yahoo (AP) - EU: Observers to deploy to Georgia on time - 22 September 2008

Germans Arrest Two Men Linked to 2007 Terror Plot

by Ese Omofoma
Impunity Watch Reporter, Europe

BERLIN, Germany - German authorities report that they have arrested two men, one from Germany and the other from Turkey, on suspicion of being linked with a terrorist organization.  The men are believed to be connected with a group whose plans to attack U.S. targets in Germany were foiled last year.

Federal prosecutors identified the two as Omid S., a German citizen of Afghan descent and Hueseyin O., a Turkish citizen.  Both men are 27 years old and are suspected of involvement with the Islamic Jihad Union's German cell.  The arrests happened late Thursday in the Frankfurt area.

According to the U.S. State Department, the Islamic Jihad Union was responsible for coordinated bombings outside the U.S. and Israeli embassies in Tashkent, Uzbek, in July 2004.  The State Department also reports that Jihad Union members have been trained by al Qaeda instructors on the use of explosives, and that the group maintains ties to Osama bin Laden and fugitive Taliban leader Mullah Omar.

Prosecutors allege that both men traveled to Pakistan last year for training at a militant camp, and that they provided assistance to a network that was planning what authorities say, "could have been one of the worst terrorist attacks on German soil. The chemicals were enough to build bombs more powerful than those that killed 191 commuters in Madrid in 2004 and 52 people in London in 2005."

Authorities believe the two men had direct links to the three alleged members of a cell who were arrested in 2007 and charged earlier this month. During that arrest, prosecutors confiscated a mobile phone that had information on both Omid S.' and Hueseyin O.'s bank accounts that led authorities to the pair.  Prosecutors believe both Omid S. and Hueseyin O were aware of the German cell's plot to target U.S. and German interests, however the plot was foiled by authorities in September 2007.

Omid S. and Hueseyin were being held in detention on Friday, awaiting the results of a criminal investigation.  The names of their lawyers are not available at this time.

For more information, please see:

AP - Germans arrest 2 suspected of 2007 terror plot - 19 September 2008

Bloomberg - Germany Holds 2 Men Linked to Planned Terror Attacks - 19 September 2008

DW-World - Germany Arrests Two Suspected of Foiled Terror Plot - 19 September 2008

Spanish Court Convicts 21 for Terrorist Activities

By Sarah Benczik
Impunity Watch Reporter, Europe

MADRID, Spain - Spain's National Court convicted 21 people on Wednesday for belonging to a terrorist group connected with ETA. 

Three leaders of the group - Juan Maria Olano, Julen Zelarain and Aitor Juice - were sentenced to 10 years in prison, while 18 others were each sentenced to 8 years.  All 21 were part of the group known as Gestoras pro Amnistia or its successor, Askatasuna.  Askatasuna is best known for its campaigning on behalf of jailed ETA members.

According to the National Court's judgment, Gestoras pro Amnistia maintained a "common ideology" with ETA and "assumed, and had accepted the armed struggle."  Gestoras's actions included pointing out new ETA targets, and was tasked with compelling Spanish security forces to leave the Basque region.

ETA (Basque Homeland and Freedom) has been responsible for over 800 deaths during the last 40 years in attempts to further its mission to establish Basque independence.  It is recognized as a terrorist group by Spain, the European Union and the United States. 

Along with the prison terms, both groups were also banned by the court.  Spain's Supreme Court had, on Tuesday, banned another separatist group known as the Communist Party of Basque Lands (PCTV) and dissolved Basque Nationalist Action (ANV).  Both groups were political parties with the same goal for Basque independence.  They emerged after the Batasuna party was outlawed in 2003.  ANV was the third-strongest party in the Basque region.  Last week, Spain's Constitutional Court prohibited a regional referendum on Basque self-determination.   

Spain's move to ban ETA-related groups began in 2001 under the watch of Baltasar Garzon, former anti-terror investigator and current judge in Spain's criminal court.

For more information, please see:

CNN -  Spanish court convicts 21 for terror links - 17 September 2008

International Herald Tribune - Spanish court convicts group on terrorism charge - 17 September 2008

La Cronica - Cárcel para los 21 líderes de Gestoras Pro Amnistía - 17 September 2008

The Earth Times -  Spain bans another political party for supporting ETA - 18 September 2008

Karadzic Returns to Court

By Ese Omofoma
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - Former Bosnian Serb leader Radovan Karadzic returned to court on Wednesday for a hearing to continue preparations for his U.N. genocide and crimes against humanity trial.

Judge Ian Bonomy set aside two hours for the hearing allowing prosecutors to explain steps they have taken to prepare for Karadzic's long-awaited trial. 

Karadzic, 63, faces 11 counts, including genocide, for allegedly masterminding atrocities when he was president of the Bosnian Serb republic.  The counts include the slaughter of more than 8,000 Bosnian Muslims in Srebrenica in July of 1995 and the deadly siege of Sarajevo.  The charges against Karadzic are regarded as Europe's worst massacre since World War II.  The indictment further alleges that Karadzic knew about the crimes that were being committed by Bosnian Serb forces, but chose to take no action in preventing them.

At a hearing last month, Bonomy registered not guilty pleas to all charges after Karadzic refused to enter pleas himself.

Karadzic was arrested on a Belgrade bus in July after 13 years on the run.  At the time of his capture, he was disguised with flowing white hair, a bushy beard, and working as a new age healer under the name of Dr. Dragan Dabi. 

Karadzic plans on defending himself with the assistance of a team of legal advisers.  It is likely that Karadzic will use Wednesday's hearing to re-iterate his claim that he was promised immunity from prosecution in return for disappearing from the public eye in a 1996 deal with U.S. peace envoy Richard Holbrooke.  Holbrooke has repeatedly denied the claim.

At a hearing in August, Karadzic accused the tribunal of being a "court of NATO."

The indictment against Karadzic is currently 25 pages long and has not been updated in more than eight years.  Prosecutors would like to update the indictment to include new evidence discovered in 2000.  Judge Bonomy has urged prosecutors to complete their review as soon as possible.

The court is being pressured by the Security Council to complete its cases and close the door by 2010.  With a trial date that has yet to be set, it is unlikely that the tribunal will make that deadline.

Altogether, prosecutors have indicted 161 suspects on war crimes charges, and convicted 57 of those.  The two indicted suspects that remain on the run include Karadzic's former military chief, Gen. Ratko Mladic, and one-time leader of the Serbs in Croatia, Goran Hadzic.

For more information, please see:

3 News - Karadzic retuning to court - 17 September 2008

AP - Karadzic to appear at pretrial UN court hearing - 17 September 2008

BBC - New tribunal hearing for Karadzic - 17 September 2008