Impunity Watch: North America

Past and Present International Tribunal Prosecutors Issue the Chautauqua Declaration

On Wednesday, August 25, Prof. David Crane (former prosecutor of the Special Court for Sierra Leone), joined by Sir Desmond de Silva and Stephen Rapp—also of the Special Court for Sierra Leone, Whitney Harris and Henry King (International Military Tribunal at Nuremberg), Hassan Jallow (International Criminal Tribunal for Rwanda), Robert Petit (Extraordinary Chambers in the Courts of Cambodia), David Tolbert (International Criminal Tribunal for the Former Yugoslavia), convened in Chautauqua, New York and, in recognition of the 100th anniversary of the 1907 Hague Convention, issued the First Chautauqua Declaration. The Hague rules were some of the first codes of conduct that world powers consented to in order to control combatants. The Chautauqua Declaration now joins this historic tradition of ensuring that law governs the destructive forces of warfare.

According to The Post Journal, the Chautauqua Declaration “asserted the necessity of enforcing international laws of war to prevent the recurrence of atrocities.” The group of prosecutors, who have dedicated their professional careers sought to reinforce the notion that rulers are not above the rule of law, and that law triumphs over the rule of the gun. The prosecutors are responsible for bringing those to justice who bear the “greatest responsibility” for war crimes, including “genocide, enslavement, systematic rape and forced pregnancy.” (The Post Standard). Furthermore, the prosecutors fight the indifference of world leaders and impunity in general by prosecuting those persons who undeniably had knowledge of the crimes and/or gave orders to subordinates to commit heinous crimes in violation of the laws of war. So, while blood may not be directly on the hands of the leaders, those in the position of power “were part of a chain of command that carried knowledge and authority…their involvement is not credibly deniable,” argued Robert Petit.

Sir Desmond de Silva summed up the purpose of the conference in stating, “Let word go out to warlords and leaders all over the world. However powerful, however mighty, however feared you may be, the law is above you.”

For more on this topic, see:

The Post Journal – Jackson Center Conference Trumpets Rule of Law – 8/30/07

The American Society of International Law – The International Humanitarian Law Dialogs: The Laws of War: Past, Present, and Future

International Law and Policy blog – The Chautauqua Declaration – 8/30/07

The Chautauqua Declaration

US agrees to extradite Panama’s Noriega to France

Miami, Florida, US

United States judge William Turnoff has approved his federal government’s request to extradite former Panamanian dictator Manuel Noriega to France after he is released from US prison next month. 

Noriega, now 73 years old, was dictator of Panama from 1983-1989.  He was a Cold War ally of the US and thus supported by the US government.  Eventually the US became embarrassed of his drug-related activities and began to cut ties. 

Noriega refused to step down from power and continued with illegal drug activities and it is believed that he was involved in disappearances of numerous opposition figures.  In 1988, the US brought drug charges against him and in 1989 President George Bush invaded Panama with 20,000 troops to remove him from power.  He was tried and sentenced in Miami in 1992.

Noriega has asked to return to Panama despite the fact that he had also been tried in absentia there for murder, human rights abuses and corruption.  In particular he was sentenced for beheading a critic in Panama and killing 9 soldiers who tried to remove him from power.

Panama citizens, especially the families of those affected by Noriega, are still waiting for Noriega to be brought to justice in his own country.  If he returns to Panama he may be able to serve his sentence under house arrest due to his age.  Noriega is despised by some in Panama for his actions, but praised by others for standing up to Panama’s European-descended elite who currently dominate Panamanian politics.

According to today’s ruling, Noriega will finish a 17-year jail term in the US next month when he will then be transferred to France to serve the 10-year sentence.  Noriega was convicted in absentia in France and sentenced for money laundering and for purchasing real estate in Paris with proceeds of criminal activity.

Noriega’s lawyers plan to appeal the decision.  They claim that because Noriega was captured as a prisoner of war, he should be repatriated after serving prison time in the US.

World News Australia, Noriega facing extradition, 29 August 2007

Gulf Daily News, Extradition of Noriega approved, 29 August 2007

The Panama News, Noriega’s extradition to France approved, controversy continues here, 28 August 2007

The Washington Post, Panama denied chance to hand justice to Noriega, 28 August 2007

California Proposes Bold Health Plan

The Washington Post reports that the nation’s attention is on California concerning the restructuring of the American health-care system. In January 2007, Governor Schwarzenegger announced his intentions of providing a broad health care plan for the state’s 6.5 million uninsured, which would include all children (ABC News). Gov. Schwarzenegger’s proposed plan obliges all residents of the state to have health insurance, imposes fees on employers, doctors and hospitals, and at the same time subsidizes health coverage for those who are unable to afford it. The proposal has not yet made a formal entrance into the legislative process. Rather, Democrats—in current control of the state legislature—created their own bill. Gov. Schwarzenegger has asserted who would veto the Democrat’s proposed health care plan.

Gov. Schwarzenegger has strengthened his comprehensive healthcare proposal with an announcement earlier in the week that the state would provide $25 million in grants for healthcare technology projects to neglected portions of the state’s health departments.

ABC News reported in January 2007 that Gov. Schwarzenegger’s proposed health care initiative represents a national trend that favors comprehensive reform of the country’s health care system. States have led the way to fashion their health care systems to provide for low-income families and children within the US—many of whom are part of the 42.4 millions Americans who are uninsured. Other states, including Massachusetts, Vermont, Maine, Illinois, and Hawaii have all passed legislation that radically overhauled their state health care systems. States including Pennsylvania and Wisconsin are currently contemplating key health care proposals, and New Mexico, Colorado, Alaska and Minnesota are in the initial “fact-gathering stage” (Washington Post).

Drew Altman, president of the non-partisan research group, the Henry J. Kaiser Family Foundation, reasoned, "If a breakthrough could occur in California, it would really be an earthquake in terms of health reform. A lot turns on whether it succeeds or fails. . . . Candidates will look at that when they decide how hard to push this. The Congress in 2009 will look at it. It will affect the whole psychology of the health reform movement that's building."

For more on this issue, see:

Washington Post – Eyes on California as Lawmakers Pursue a Health-Care Deal – 8/26/07

Healthcare IT News – Underserved California Areas to Receive Healthcare IT Grants – 8/24/07

ABC News – Schwarzenegger Wants Universal Health Care for California – 1/9/2007

California Department of Managed Health Care

Conviction for Civil Rights Era Murders Signals that Investigations will Continue With or Without Congress.

Recently, many civil rights era cold cases have been brought to their conclusions and, in many of the cases, the family members of past victims have found some sense of justice.  The FBI website on the civil rights cold cases lists among these recently solved cases the convictions of Thomas Blanton and Bobby Frank Cherry for the church bombing in Birmingham that killed four young girls in 1963.  This list has recently been expanded to conclude the conviction of James Seale. 

The New York Times reported that federal judge Henry T. Wingate sentenced Seale to three life sentences in prison for his part in the kidnapping and horrific killing of two young black men in 1964.  According to the article Seale played a part in the events of that night in Mississippi where two young teenagers, Henry Dee and Charles Moore, were picked up while hitch-hiking, taken to a wooded area near Meadville, Mississippi, beaten and then weighted down before being dumped in the Mississippi River.  Both men were nineteen and died from drowning at the hands of former Klansmen, including Seale.  The judge took under consideration that Seale has cancer and s in poor health but eventually resolved that the "unspeakable crime that could only be inflicted by monsters" had to be punished (NY Times).

Recently a bill that would allow for funding of special investigations into cold case files was passed by the House of Representatives but has since stalled in the Senate.  The Clarion Ledger reported that after the verdict in Seale's case was revealed U.S. Assistant Attorney General Wan Kim from the Justice Department's Civil Rights Division said that investigations into cold cases would not be dependent on the passage of the bill.  The FBI confirmed this statement on their homepage for cold cases that stated, "the FBI and U.S. Department of Justice announced new partnerships with the N.A.A.C.P., the Southern Poverty Law Center, and the National Urban League to investigate aging unsolved violent crimes from the Civil Rights era."  FBI Director, Robert S. Mueller was quoted as saying, "protecting the civil rights of all Americans is one of the FBI's highest missions, whether the violations occurred four days ago or forty years ago." (FBI)  For a full list of the nearly 100 identified cold cases warranting further investigation, visit the Southern Poverty Law Center website listed below.  The Seale case was one of thirty of these hundred cases that needed investigation.

To learn more about this topic please see:

 

http://www.nytimes.com/2007/08/25/us/25klan.html

http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20070824/NEWS/70824012  

http://www.fbi.gov/page2/feb07/coldcase022707.htm

http://www.splcenter.org/news/item.jsp?sid=88  

(Southern Poverty Law Center)

http://www.splcenter.org/images/dynamic/main/SPLC021407.pdf

SEALE SENTENCED TO LIFE IMPRISONMENT FOR 1964 MURDERS

The New York Times reports that Former Ku Klux Klan member, James Ford Seale (who is 72 and has cancer), was sentenced to three terms of life imprisonment by Judge Henry Wingate of the Federal District Court for his involvement in the kidnapping and killing of both Henry H. Dee and Charles E. Moore in 1964. The two 19-year-old black teenagers were hitchhiking in Meadville, Miss. The bodies of the severely beaten and drowned teenagers were found later that year in the Mississippi River.

Mr. Seale was convicted primarily based on the statements of another former Klansman who was granted immunity from the prosecution. The former Klansman asserted at the trial that Mr. Seale had informed him that he had killed the two teenagers. Though, Mr. Seale was not formally charged with murder at his trial—the charges levied against Mr. Seale included kidnapping and conspiracy.

The brother of Charles E. Moore, Thomas Moore, had the opportunity to address Mr. Seale at the trial, saying, “When you took away Charles Moore, you took away my best friend. I cried when I thought about how hard they suffered at your hands.”

Mr. Seale declined to comment at his sentencing hearing. Seale’s lawyer said they would appeal the kidnapping and conspiracy charges.

Judge Wingate stated that the “ghastliness” of the crime outweighed the mitigating factors of Mr. Seale’s old age and suffering health. But, Judge Wingate indicated that he would agree to the defense’s proposition that Seale spend his sentence at a medical institution.

The New York Times reported that Assistant Attorney General Wan J. Kim indicated at a press conference following Seale’s sentencing that approximately 100 “cold cases” from the civil rights era have yet to be investigated and the alleged criminals prosecuted.

For more on this topic, see:

The New York Times - Ex-Klansman Is Sentenced to Life for Killings in 1964 - 8/24/07

BBC - Ku Klux Klan Murder Trial Opens - 5/30/07

Reverbiage - James Seale

Another Marine Charged in Unlawfully Killing Iraqi Suspects

Jose Nazario, former squad leader in the U.S. Marines, was charged last week with voluntary manslaughter according to USA Today and the Associated Press.  The charges stem from an incident in 2004 during intense fighting in Fallujah, Iraq where at least two Iraqi men were allegedly shot and killed by Nazario.  The Associated Press learned that charges initially surfaced after a fellow Marine, Ryan Weemer, answered affirmatively to the question of whether he had ever been involved in a wrongful death while undergoing a lie detector test for a position with the Secret Service.  After the lie detector test, the Naval Criminal Investigative Service (NCIS) took over an investigation into the allegations that "Camp Pendleton Marines killed between five and ten unarmed suspected Iraqi insurgents who had been captured during a fierce battle in Fallujah in 2004."  The article stated the NCIS described the events of November 9, 2004 in their criminal complaint and the story is mostly corroborated by Navario that the squad entered a home after being fired on by those inside.  The squad captured the insurgents inside and Navario spoke to a yet unidentified marine on his radio who asked Navario "Are they dead yet?"  When Navario responded that they weren't he was allegedly told to "make it happen."  The LA Times offered further information as to the incident and stated an affidavit filed in federal court by Adm. Mark Fox of the NCIS that colleagues of Navario saw him grab "one of the men, took him into the next room and shot him.  Afterward, Navario emerged and said, 'Who else wants to kill these guys, because I don't want to do it all myself."  Navario then apparently ordered the other squad members to kill the other men and then shot another man himself.

Navario, however, maintains his innocence and Navario's attorney, Kevin McDermott, claimed the charges were merely a tactic by the government to incite Navario's cooperation in the NCIS investigation.  The Salem News stated that other attorneys agree that there isn't a good case against Navario.  The publication stated "numerous attorneys who have been apprised of the allegations initially leveled by Weemer and filed by NCIS dismissed the charges as pointless.  They said that without corroborating witnesses, physical evidence, a crime scene, or the identity of victims, the case would be impossible to prosecute."  Nazario told the LA Times that he dutifully served as a Marine and fought hard for his country.  Navario's claim of innocence seems to be supported by the fact that, like Weemer, he has passed two polygraph tests that asked whether he had participated in unlawful killings.  The Salem News reported that while applying to police departments before landing a job with the Riverside Police Department.  "In both polygraph tests he was asked if he had ever participated in wrongful killings he answer truthfully that he had not to both and passed both tests."  Unfortunately, Nazario has since lost his job with the police department due to the investigation.  These charges represent another in a list of Marines undergoing investigation or convicted of killing Iraqi civilians.  The Salem News reminded readers that two other Marines from the same platoon as Navario and Weemer had faced charges of murdering fifteen civilians in Haditha in 2005.

To see more on this topic please see:

http://www.nytimes.com/2007/08/17/world/middleeast/17civilians.html?_r=1&ref=us&oref=slogin

http://www.latimes.com/news/nationworld/world/la-me-marine17aug17,1,296913.story?coll=la-headlines-world&ctrack=1&cset=true 

http://www.salem-news.com/articles/august142007/jose_nazario_81407.php

http://www.usatoday.com/news/world/iraq/2007-08-16-marine-fallujah_N.htm?csp=34&POE=click-refer

Three Federal Judges hear Arguments against the N.S.A. Surveillance Programs

Dozens of lawsuits against the National Security Agency (NSA) and their surveillance programs have been "consolidated" into two main lawsuits in the San Francisco federal courts according to the Washington Post.  Dan Eggen wrote in the Washington Post this past week that these "confrontations come just days after the Democratic controlled Congress acceded to the demands of the Bush administration for expanded NSA authority to conduct spying efforts on U.S. soil, effectively many of the practices at issue in San Francisco."  The New York Times described the scene on August 15th in the San Francisco ninth circuit federal court as three judges heard both sides of the lawsuits.  The article indicated that the judges all seemed skeptical of the arguments by the lawyers for the government.  Judge Harry Pregerson asked what the government's position was on the argument that in times of war the government was essentially allowed to engage in wiretapping completely unchecked by the courts.  The deputy solicitor general, Gregory G. Garre, representing the Bush administration responded "the courts had a role, though a limited one, in assessing the government's assertion of the so-called state secrets privilege, which can require the dismissal of suits that could endanger national security...and judges must give the executive branch determinations "utmost deference."  The first suit, detailed the New York Times article, involved a class action suit against the telecommunications company AT&T.  The suit, relying on the statement of a previous technician, claims AT&T allowed the N.S.A. to monitor their customer's phone and internet communications without the customer's knowledge.  The second suit is by the al-Haramain Islamic Foundation, an Islamic charity, claims they have documentation they mistakenly received from the government that shows they have been under watch by the government without the proper court approval.  The lawyer for the charity says this document has since been re-claimed by the government and deemed "totally classified." 

The New York Times article also detailed that both suits were facing two main challenges before they could continue to be heard.  First, both parties have to establish that they have standing to sue the NSA by showing that they have been personally injured by the actions.  The government says both parties will have trouble establishing standing because the evidence they have is speculation at best.  Next, the government argues that even if the plaintiffs could establish standing the courts still have to determine if allowing the suits to continue would be a danger to national security as the NSA and administration claims because they would involve "state secrets."  Adam Liptak's article for the New York Times described the judges’ willingness to at least further investigate the legal claims as being "inclined to allow one or both cases to go forward for at least limited additional proceedings before Judge Walker in San Francisco."  The importance of the decisions by the three judges was stressed in the article noting "if the courts rule for the government on either of the questions then "the legality of the N.S.A. programs may never be adjudicated."

To see more sources please see:

Adam Liptak, "U.S. Defends Surveillance to 3 Skeptical Judges"  NY Times:  http://www.nytimes.com/2007/08/16/washington/16nsa.html?ex=1187928000&en=bf16e57dc232624e&ei=5070&emc=eta1
, August 16, 2007

Dan Eggan, "Lawsuits may Illuminate Methods of Spy Program", Washington Post: 

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081301113.html?sub=AR , August 14, 2007

 

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/11/AR2007081101349.html

Lt. General Mattis Reduces the Charges for Three Marines Implicated in Iraq Civilian Killings

After self-proclaimed deep investigations, Lieutenant General James Mattis announced this past week the dismissal of all or most of the charges against two marines implicated in two of the most notorious killings of Iraqi civilians.  On August 9th, according to an online publication by the Union Tribune, all charges were dropped against Captain Randy Stone in the Haditha murder case as well as against Lance Corporal Justin Sharratt.  Iraq Updates online expanded on the charges saying that Sharratt was originally charged with three counts of murder and Stone was accused of failing to properly investigate the incident.  Iraqi Updates also called the Haditha incident "the most serious case of alleged war crimes involving U.S. forces in Iraq.  Mattis released a statement detailing what he considered in his investigation and why he came to the conclusion to drop the charges.  Mattis was quoted as stating, "Captain Stone and his fellow Marines served in the most ethically challenging combat environment in the world....I have no doubt that [Stone] now understands the absolute necessity for objective inquiry into the combat actions of our Marines in such an environment, especially when innocent lives are lost."  Mattis assured the public that Stone's actions never reached a criminal level and Stone has undoubtedly learned from his mistakes.  In Sharratt's case Mattis concluded, Sharratt has served as a Marine infantryman in Iraq where our Nation is fighting a shadowy enemy who hides among the innocent people, does not comply with any aspect of the law of war, and routinely targets and intentionally draws fire toward civilians."  It has been speculated, and described in past Impunity Watch articles, that the Haditha incident began after one marine was killed by a car bomb.  In the end apparently fifteen Iraqi civilians, including women and children, were supposedly killed by U.S. marines on a rampage.  In total eight marines were charged in the Haditha incident, says Iraq Update, four were accused of murder and four were charged with failing to properly investigate the deaths.

Ironically, Mattis also made a public statement concerning another soldier implicated in another civilian murder case that took place in Hamdaniya, Iraq.  Similarly, a total of eight soldiers were initially charged with various crimes for their connections to the shooting in this case and so far only one soldier is in prison.  The eight men all allegedly played a part in the killing of 52 year old Awad, an Iraqi civilian after they failed to locate the insurgent the patrol group had initially been looking for.  Awad was supposedly shot in his home and then taken to a ditch where he was fatally shot ten times in the head.  The marines then tried to cover up the murder as a rightful killing of an insurgent.  On August 12, BBC online reported that Lt. Gen. James Mattis, in exchange for a plea bargain, dropped the murder charges against 22 year old marine, Robert Pennington and dishonorably discharged him in exchange for his testimony against three of the other soldiers still awaiting trial.  Pennington and three other marines have accepted similar plea bargains in exchange for their testimony of the night's events. The BBC article stated that Pennington was the radio operator and, although he did no shoot Mr. Awad, he helped to force him into the hole and held a hand over his mouth.  In the end Mattis stated that after considering Pennington's inexperience in the Marines, age, rank, and the nature of the combat he faced in Iraq the initial sentence of fourteen years should be dismissed in order to "ensure fair treatment."  Thus far, only Lawrence Hutchins (see Impunity Watch, August archives) has been convicted of murder and is facing fifteen years in prison.

To view these sources please see:

“Marine Freed in Iraq Killing case” BBC: http://news.bbc.co.uk/2/hi/americas/6943511.stm August 12, 2007 

“Statements from Lt. James Mattis” The Union Tribune: http://www.signonsandiego.com/news/military/20070809-1224-haditha_statements.html , August 9, 2007

Rob Woollard, Iraq Updates: http://www.iraqupdates.com/p_articles.php/article/20532 August 11, 2006

Released Report: Canadian Security Service Concerned that U.S. Deported Syrian for Torture

Due to a court order this week, the Canadian government declassified further portions of a commission report showing that in 2002, the Canadian Security Intelligence Service (CSIS) suspected that the United States deported Syrian-born Canadian, Maher Arar, to Syria for rough interrogation.  The Canadian government fought to prevent these sections of the report from being released.

Arar was arrested in New York in 2002 on what American officials continue to claim is reliable intelligence.  The United States deported him to Syria where he was detained for almost a year.  Although Syria denies it, it is widely believed in Canada that he was tortured there.

In 2004, Canada launched a government inquiry into the situation which resulted in the commission report at issue.  The report exonerated Arar of any wrong doing or links with terrorist groups, and the government issued a formal apology and 10 million USD (10.5 million CAD) in compensation.  This commission report also recommended that a new agency be developed to review national security decisions and activities.

The newly released portions do not make it clear how widely the torture concerns were shared within government or whether the CSIS’s assessment was ever given to the Foreign Affairs department.

Because the Liberals were in power in Canada in 2002, the current government is refusing to answer questions on the matter, instead is referring questions to Stéphane Dion, the past minister for federal-provincial relations.  Current Canadian Prime Minister Stephen Harper does not plan on addressing the matter with the United States, but instead is concerned only with ensuring that these events do not occur again under the present government's term.

The Globe and Mail, Unclear who in government knew about CSIS torture concerns, 10 August 2007

British Broadcasting Corporation, Canada-Syria case papers released, 10 August 2007

The Jurist, Canada security service thought US would deport Arar for torture: uncensored report, 9 August 2007

Amnesty International Calls for real Human Rights Improvements in Mexico

Amnesty International's secretary general, Irene Khan, called for Mexico's current president to improve the country's human rights policies.  According to the Associated Press and the New York Sun, Khan called Mexico's policies "schizophrenic."  Khan spoke to reporters shortly after meeting with President Calderon and stated Khan "reiterated the government's commitment to the promotion and protection of the fundamental human rights and human freedoms of all Mexicans."  Amnesty International is especially persistent in trying to get the government to follow through with this “commitment” because of past president’s record.  According to Reuters, "Mexican courts have been unable to make former President Luis Echeverria stand trial for his alleged role in a 1968 massacre of leftist students" and although "former President Vicente Fox appointed a special prosecutor in 2002 to look into human rights violations by the Institutional Revolutionary Party (PRI), which ruled for 71 years and crushed leftist student and guerilla movements in the dirty war, the office closed in March 2007 without convicting anyone."  Khan stated to Reuters, that although Mexico's past record has improved there is still need for great improvement in such areas as "police accountability, judicial process and treatment of suspected criminals."  President Calderon's office said they had already improved upon human rights in the areas of freedom of the press, access to government information, public safety, and actively fighting organized crime.

According to Khan, "the real test will be how the president reflects and implements human rights in his forthcoming human rights in his forthcoming legislative and policy reforms."  Amnesty International's current tour of Mexico was partially prompted after claims of mass police brutality during a public demonstration by an activist group.  Amnesty International has publicly called for the state of Oaxaca's government to appropriately investigate the incident that included arbitrary detention as well as police abuse.  Khan, as reported by the International Herald Tribune this past week, said that President Calderon "recognized that there was impunity in Oaxaca and acknowledged that the judicial system impedes the federal government's ability to handle cases at the state level.  Calderon also said his administration has sent Congress an initiative to change that."  Other initiatives by Calderon have already been criticized, however, as Reuters reported that Calderon's "military backed crackdown on drug gangs has drawn criticism that soldiers have used excessive force during their raids on towns and villages suspected of colluding with [drug] cartels."

For information on this topic please see:

http://web.amnesty.org/pages/mex-310707-feature-eng

http://www.nysun.com/article/60118  

http://www.alertnet.org/thenews/newsdesk/N01408048.htm

http://www.iht.com/articles/ap/2007/08/08/america/LA-GEN-Mexico-Human-Rights.php