Posts Tagged ‘impunity’

Bodies of disappeared human rights lawyer Kimani and his client found in Kenya

July 3, 2016

A lawyer, Willie Kimani, his client, Josphat Mwenda and their taxi driver, Joseph Muiruri, were last seen returning from a traffic court hearing at Mavoko Law Courts on 23 June 2016. Many feared that they were abducted. Now, on 1 July 2016 their bodies have been found. Kimani was a lawyer with NGO International Justice Mission in Kenya. Kimani had been representing Mwenda in a case he had brought against the police after he was shot by them during a traffic stop.

Kenyan lawyers held a protest http://www.standardmedia.co.ke/article/2000207020/lawyers-stage-protest-outside-ig-boinnet-s-office-over-missing-lawyer-client-and-taxi-driver-civil-societies-condemn-disappearance on 30 June, and petitioned the police inspector general for information regarding the men’s whereabouts.

We are deeply saddened by reports of the murders of Kimani, his client, and his taxi driver, and offer our condolences to their families and colleagues who continue to incur great risk fighting for justice and accountability,” said Human Rights First’s President and CEO Elisa Massimino. “It’s vital for the future of Kenya that its human rights lawyers are able to operate without fear of violence, and that the killers be swiftly brought to justice.”

Police should not hesitate to interrogate and arrest their own officers when there is cause,” said Namwaya of HRW. “This case stands as a clear threat to the legal profession and all those who push for police accountability in Kenya.”

http://www.hrw.org/africa/kenya

[http://www.knchr.org/Portals/0/PressStatements/Joint%20Press%20Release%20-Disappearance%20of%20Willie%20Kimani%20et%20al.pdf]

http://www.humanrightsfirst.org/press-release/human-rights-first-demands-justice-murder-human-rights-lawyer-kenya

Two years after murder of Salwa Bugaighis in Libya, still no investigation

June 28, 2016

Salwa Bugaighis was the first woman to call for the ouster of Libyan dictator Moammar Qaddafi. After she cast her ballot in the 2014 election, men in hoods and military uniforms stormed into her home and killed her on 25 June.[ https://thoolen.wordpress.com/2014/06/29/human-rights-lawyer-salwa-bugaighis-killed-in-libya/]

Two years later, her killers remain at large and the article by BANISH AHMED in Thinkprogress of 28 June 2015 “Activists Inspired By Libyan Human Rights Lawyer Want To Know Why No One Is Investigating Her Murder” remains as valid as it was last year.

Salsa Bugaighis CREDIT: KARAMA

The fear of violence made voters in Libya cautious about heading to the polls during elections last June, but Salwa Bugaighis, a human rights lawyer who returned to the country to fight for its democratic future after the fall of Muammar Qaddafi, insisted that the risk was worth it.

“My people, I beg of you, there are only three hours left,” she wrote to her Facebook followers at about 5:45 in the evening to urge Libyans to head to the polls before they closed.

Members of the armed militants groups vying for power stormed through her neighborhood. Gunshots from a skirmish between militants and the army troops sent to protect a polling station were audible in a telephone interview she gave to a Libyan TV network from her home.

Still, Bugaighis was not shaken.

“These are people who want to foil elections,” she told the al-Nabaa network of the militants. “Benghazi has been always defiant, and always will be despite the pain and fear. It will succeed.”

Despite these risks, Bugaighis ventured out to the polls, and, while there, posted an image of herself casting her ballot on Facebook.

It was back at her home after voting that the dangers she well knew caught up with her. Men in hoods and military uniforms stormed into Bugaighis’ home and opened fire on her. Shot several times, she was taken to a hospital in critical condition where she died.

There was an immediate outcry against her death, and scores of women inspired by Bugaighis’ fight for justice, stability, and gender equality in her homeland took to the streets.

While Hibaaq Osman was not among those who braved the violent streets of Benghazi to honor Bugaighis, she has continued to carried the torch for her friend and fellow activist.

“When the protests against Qaddafi started in Benghazi, it was Salwa who was with the first women to join the demonstrations in front of the courthouse,” Osman, who heads Karama, a Cairo-based rights organization, said in an email to ThinkProgress. “That was everything about Salwa — fearless, ready to go against the grain and do what she believed was right.”

Only two weeks after the ouster of Qaddafi in April 2011, Libya held its first conference on women’s rights, organized by Bugaighi. She landed a seat on the governing body established to steer the country towards democracy, and used it push for an electoral quota that would guarantee women’s inclusion in the legislative bodies that followed. She helped found organizations dedicated to human and women’s rights. Her mission was clear: Bugaighis wanted Libya to emerge as a true democracy, one in which women would have a voice, until then, been allowed only a marginalized role in their society.

All that she had worked for seemed to be falling apart in June 2014, however. Rival militant and political groups, plus a renegade general, were the cause of violent, and many Libyans were skeptical of that their country’s fledgling government could provide security – or that it would effectively manage the country’s wealth.

The growing disillusionment was evident at the polls: more than a million fewer had registered to vote than in country’s first election in 2012, and only half of them actually cast ballots. Five people were killed and 30 injured when Islamist militant attacked a security agency in Benghazi.

In the attack on Bughaighis’ home, her husband, an elected member of a local municipal council, was abducted during the attack on their home and is still missing.

No investigation has yet been conducted into the attack on Bughaighis, although rights groups including Amnesty International called one for one soon after her death.

“We believe that Salwa Bugaighis may have been targeted for both her political activism and her role in promoting women’s rights,” Hassiba Hadj Sahraoui, the organization’s Middle East and North Africa Director said in a statement at the time. “Attacks on security personnel and state institutions pose severe obstacles to the functioning of the justice system, but that is no excuse for Libya’s failure to protect activists. The authorities must put in place protective measures to prevent other critical voices being brutally silenced.”

The Libyan Women’s Platform for Peace made similar appeals. In an interview with the BBC, Zahra Langhi, with whom Bugaighis founded the organization, said that that her colleague had received pointed threats that forced her to leave the country for three months before the election.

“She had to evacuate all of her sons and take them to a safe place in Amman,” Langhi said, “because she was too much involved in the political process she had to pay a very high price, which she was aware of.”

Still, Langhi said she urged Bugaighis to try to protect herself.

“When I said, ‘Be careful, Salwa,’ she said, ‘We have to struggle inside Libya until the last moment. They will not threaten us and shut us all up. We will have to struggle for it.’” Langhi recalled. “And she was calling on everybody, until the last moment, [saying] ‘Please participate and protect the ballots.’”

When asked who she thought killed Bugaighis, Langhi said, “I think everybody is involved. Those who don’t want a peaceful Libya, who want Libya to continue as a militarized society. Those who do not want to see a democratic Libya are a part of it. Even if they’re against each other.”

One year later, various rights’ organizations have renewed their calls for an independent investigation into who killed Bugaighis.

The United Nations High Commissioner for Human Rights has taken note of the case, and will send a fact-finding mission to investigate human rights violations in Libya.

“That’s a good sign, but it needs to happen,” Shelby Quast of Equality Now said in a phone interview, adding that the delay in justice “is promoting impunity.”

According to Libya Body Count, which tracks the numbers of those killed by armed groups in Libya, nearly 900 people have been violently killed so far in June. More than 2,800 were killed in 2014.

While Bughaighis’ case is one of thousands, it stands out as a particularly egregious one.

“It [shows] the impunity with which people are acting,” Quast said, “because they can come in and so brutally assassinate someone who was a public figure, who did have a following. While we’re pushing for justice for Salwa, she represents a growing number of women and human rights defenders who are being targeted, threatened, and murdered.”

In May, Mark SImonoff, the Minister Counselor for Legal Affairs for the U.S. Mission to the U.N. said at a meeting of the U.N. Security Council, pointed to Bughaigis’ death as evidence of a broader phenomenon.

“Many of the individuals and institutions with the most critical roles to play in exposing and preventing violence against civilians –- including journalists, human rights defenders, judges and prosecutors, female activists, and the country’s human rights commission –- have been singled out for intimidation and brutal violence for simply attempting to provide key services to the Libyan people,” he said. “Other murders, such as the killing of prominent human rights leader Salwa Bugaighis last June on the day of national elections, have a clear political purpose, even as it has been impossible to identify those responsible.”

In investigating Bughaigis’ murder, many hope that similar cases can also see justice.

Hibaaq Osman poses with Salma Bugaighis at UN Commission on the Status of Women conference held in March 2014 in New York, NY.

Hibaaq Osman poses with Salma Bugaighis at UN Commission on the Status of Women conference held in March 2014 in New York, NY. CREDIT: KARAMA

“The pressure that the Justice For Salwa campaigns has exerted is now building the political will to find not just Salwa’s killers, but to investigate and prosecute the many more politically motivated murders that Libya has suffered,” Hibaaq Osman said. “That is why we say that justice for Salwa is justice for all.”

Osman and many others continue the fight Bugaighis died fighting, though Libya has only become more unstable since its last elections. Militant groups have only promulgated in the last year and become more brazen in their attacks. ISIS, the Islamist group that calls itself the Islamic State, has gained a foothold in the country. Rule of law is in no better a state, with two parliaments vying for power against one another. A dramatic loss in oil revenue has put Libya “on the verge of economic and financial collapse,” according to one U.N. official.

And yet, those who worked alongside or were inspired by Salwa Bugaighis’ bravery and mission continue her fight.

The attack on her life made “Salwa a martyr to the cause of a free and just Libya,” according to Osman. “It showed the world the depths to which her killers would stoop – to murder in cold blood a women who had urged her supporters to ‘fight peacefully by using their votes.’ It has left me and Salwa’s colleagues more determined to work for her ideals in Libya and across the region, to honor her memory.”

Source: Activists Inspired By Libyan Human Rights Lawyer Want To Know Why No One Is Investigating Her Murder | ThinkProgress

https://en.wikipedia.org/wiki/Salwa_Bughaighis

TRIAL at 14 has a FACELIFT

June 13, 2016

TRIAL InternationalThe NGO TRIAL came into being on 6 June 2002. That day, its members met for their first General Assembly, laying out the organization’s mission which still constitute its cornerstones today: fighting impunity, supporting victims in their quest for justice and redress, building an international network of committed lawyers, advocating for fairer laws and policies.

Since then, TRIAL has never stopped expanding: it is now present on three continents and recognized as a key actor in the worldwide fight against impunity. It was therefore time for TRIAL’s identity to evolve and reflect this broader scope of action. For the past three years the  staff has worked on an important makeover.

TRIAL’s new identity includes a new name, a new visual identity and a new website:

TRIAL International will from now on be the organization’s official name. [“We have outgrown the names ‘Swiss association against impunity’ and ‘Track Impunity Always’, which will no longer be used”, explained Director Philip Grant“We believe that TRIAL International will better reflect our international scope, while remaining faithful to who we are”]

The new logo combines a spunky orange with a powerful black & white doors symbol.

The main facelift is TRIAL International’s new website. [“We wanted the navigation to be very intuitive, hence the simplified sitemap, the shorter texts and the refined search function. We also wished to bring to light the human aspect of our work, with victims’ stories at the forefront”, said Kevin Karlen, the organization’s Web Project Officer.]

Source: TRIAL turns fourteen and change is in the air – TRIAL

see also: https://thoolen.wordpress.com/2015/05/07/more-on-impunity-guatemalas-ex-police-chief-jailed-for-life-in-appeal-before-swiss-court/

Dictator Hissène Habré sentenced to life: impunity can be beaten (sometimes)

June 6, 2016

On 30th May 2016, the Extraordinary African Chambers declared Hissène Habré guilty of torture, crimes against humanity, war crimes and sexual crimes, perpetrated during his presidency of Tchad (Chad) between 1982 and 1990. The former Tchadian dictator has been sentenced to life in prison. Human rights organizations have hailed this verdict as “historical” and a victory for the thousands of victims who have fought for twenty years to make their voices heard and obtain justice before an impartial judiciary. They hope that it sends a strong signal to all perpetrators of international crimes. There are many sources but the two most active NGOs are probably: FIDH and its member organizations in Tchad and Senegal and Human Rights Watch (HRW). For more info on their views see the links below.

Explosion of happiness at the announcement of the verdict (source FIDH Facebook)

A summary of the decision was read out in court by chief judge Gberdao Gustave Kam of Burkina Faso, who shared the bench with two senior Senegalese judges. The written decision will be distributed at a later date, but on the Human Rights Watch site there is an unofficial summary from notes taken in court.

On 30 May 2016 the United Nations High Commissioner for Human Rights added its agreement: “After years of struggle and many setbacks on the way to justice, this verdict is as historic as it was hard-won. I sincerely hope that today, at last, Habré’s victims will experience some sense of relief,Zeid Ra’ad Al Hussein said. “Following earlier convictions by other courts of former president Charles Taylor and Bosnian Serb leader Radovan Karadzic, the conviction and sentencing of Hissène Habré shows that even heads of State and other leaders who commit terrible crimes will ultimately be held to account”.

HOWEVER, it is not over yet. The judges have until 31 July 31 2016 to approve measures of reparation for the victims.

———

https://www.fidh.org/en/region/Africa/chad/hissene-habre-case-a-historic-and-long-awaited-verdict-19999#

https://www.hrw.org/news/2016/05/30/chads-ex-dictator-convicted-atrocities

http://www.un.org/apps/news/story.asp?NewsID=54088#.V1UbSYRptgc

http://www.martinennalsaward.org/?option=com_content&view=article&id=120&Itemid=135

Peter Gabriel and Susan Sarandon encourage UN Rapporteur on Extrajudicial Executions, Christof Heyns, in visit Honduras on 23 May

May 19, 2016
Berta Cáceres, an indigenous environmental human rights defender was killed two months ago. Berta was leading the fight against the Agua Zarca hydroelectric dam project that is an environmental and cultural threat to the Lenca community [see: https://thoolen.wordpress.com/tag/berta-caceres/]. The UN Special Rapporteur is visiting Honduras as from 23 May. One should hope that the NGOs pressure [https://thoolen.wordpress.com/2016/03/07/exceptional-response-from-ngo-world-on-killing-of-berta-caceres/] as well as the short video messages by Peter Gabriel and Susan Sarandon published on 12 May by Witness will help to get justice:

 

The Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, Read the rest of this entry »

Pakistan: the recent killing of Zaki and the non-progress in the case of Perveen Rehman

May 10, 2016

Pakistan remains one to the worst places for human rights defenders as they are threatened by both religious extremists and powerful economic interests, while the State is either unwilling or too weak to stop this trend. A recent example is that of human rights defender Khurram Zaki who was killed on 7 May 2016 by four unidentified gunmen who opened fire at a restaurant in Karachi, killing him and wounding two others. That government efforts to find the killers are unlikely to yield result is shown in the follow-up in the case of human rights defender Perveen Rehman, who was killed on 13 March 2013 (see below). Read the rest of this entry »

A symposium on the 1965 massacre in Indonesia is not enough to address impunity

April 23, 2016

As the main author of a book on “Indonesia and the Rule of Law” published as far back as 1987 (Pinter Publishers ISBN 0-86187-919-8; International Commission of Jurists) I cannot be but very interested in the way the Indonesian government deals with the mass atrocities that took place in 1965. It had promised in the elections (Nawacita) to investigate and this is also laid down in its National Medium Term Development Plan (RPJMN) 2015-2019. Under the title “Indonesia: What next after symposium on 1965 massacre, Mr. President?” the Asian Human Rights Commission on 21 April comments on the half hearted start the Government made with a symposium held on 18 and 19 April 2016 in Jakarta. The government, represented by the President’s advisory body, the National Commission on Human Rights (Komnas HAM), the Press Council, and also representatives from other government institutions attended the symposium. Read the rest of this entry »

Human rights laureates call for end to torture and disappearances in Asia

January 15, 2016

The Asian Human Rights Commission (AHRC) in a press release of 18 December gave a short report of a meeting held on 12-14 December 2015, where 8 laureates of the Gwangju Prize for Human Rights, and human rights defenders from the Asian region participated in an international workshop on“Torture, Violence, and Enforced Disappearances in Asia” organized by Imparsial, IKOHI, and the May 18 Memorial Foundation, (Gwangju, South Korea). The speakers and the victims discussed the realities of human rights issues including torture and enforced disappearances and the implications for the justice institutions to address the problems: Read the rest of this entry »

Erik-Aimé Semien: human rights defender from Côte d’Ivoire

December 26, 2015

 

Erik-Aimé Semien is a lawyer and human rights defender at Observatoire Ivoirien des Droits de l’Homme, a non-governmental organisation that aims to achieve human rights progress through capacity building and constructive dialogue with the authorities. On 9 July 2015 he talked with the Intern national Service for Human Rights about his work. ‘What we want’, Eric explains, ‘is to make them understand why human rights are important for the progress of our nation’.ISHR-logo-colour-high

Eric was first drawn to human rights when Cote d’Ivoire plunged into civil war in 1999, following a military-led coup d’etat. What followed were ten years of violence and sectarian strife. ‘We are a country coming out of ten years of civil war, but the main problems are not yet solved. It was widespread frustration and a lack of democratic institutions that caused the war; and it is for overcoming frustration and the creation of democratic institutions that we continue to struggle.’

Eric explains that frustration is caused when there is a lack of transparency in government work, when the president favours his regional or ethnic group over others, when there is impunity for war crimes, and when voices critical of the government are excluded from debate.

Take the national TV, a public service paid for by public taxes. If you watch TV in Cote d’Ivoire, you will receive the impression that the perspective of the president of the republic is the only perspective there is. It was the same for the former president. This means that if you disagree with government policy, National TV will no longer interest you, for you will find no expression of your opinion. This begs the question, if you disagree, where can you go? To whom can you speak? The result is frustration. The media outlets need to be open to everybody, to civil society, to the opposition, to everybody.

In addition to advocating for more inclusive democratic institutions, Observatoire Ivoirien des Droits de l’Homme works to combat impunity. The war lasted ten years, but today, not only do many people on the winning side who committed human rights violations walk free, but they also enjoy appointments in the army and the administration.

‘After the war I think we should have a fair and equitable justice. What a victim wants is to see those who committed human rights violations behind bars. We organise victims and take their cases to court. We say to the judge, find out who did this and send them to prison. If they do this, it will release tension. The government recently set up a trust fund that provides financial compensation for victims. This is a positive step. But it needs to be accompanied by a clear message: whoever you are, in whatever position, you are not above the rule of law.’

One of the challenges Eric faces is a lack of awareness in the government of what human rights defenders are and what they do.

‘In Cote d’Ivoire certain authorities don’t have a clear idea of the role of civil society. They think we are causing a disturbance when all we want is the progress of our nation. But I have to admit that the situation is improving. Previously the authorities were closed but now they are much more open. They listen to us more and we are allowed to participate in meetings.’

One remarkable result of this increased openness on the government’s part is the adoption in June 2014 of a law that protects human rights defenders. ‘In the build up to the drafting of this law, we clearly explained why protecting human rights defenders was important. Many human rights NGOs were involved in the process. We had several meetings with parliament representatives and even at the national assembly. We had to explain who human rights defenders were and why protecting them is important. I am proud of Cote d’Ivoire that we have adopted this law, which is the only law of its kind on the African continent.’

The law, although still largely unknown, has already had a positive impact. In 2014 the leaders of a public assembly protesting the high costs of grocery goods were arrested. But the Observatioire Ivoirienne intervened and showed the prosecutor the law. The protesters were subsequently freed. ‘Now, whenever we have a problem with authorities, we can show them this law, and they will see that we are protected. This will make our work much easier and less dangerous. In a democracy, in a rule of law state, the government should engage with civil society. The role of civil society is that of counter balance. We don’t want to antagonise the authorities needlessly nor do we seek power. We would like to see change coming from the inside and genuinely inclusive democratic institutions and not just superficial engagement. I am proud of Cote d’Ivoire for the progress we have made, of which this new law is tangible proof, but we still have some way to go. The frustration that causes war needs to be eliminated for good.

Source: Erik-Aimé Semien: Human rights defender from Côte d’Ivoire | ISHR

Crucial Side Event “Attacks and Reprisals against Defenders” tomorrow in Geneva

June 15, 2015

OMCT and FIDH (within the framework of the Observatory for the Protection of Human Rights Defenders) in cooperation with the ISHR organise on 16 June (16:00-17:30, room XXII, Palais des Nations – Geneva) a side event on Attacks and Reprisals against Human Rights Defenders, focusing on the issue of reprisals and accountability. As readers know by now, I believe that this is the topic which the human rights movement HAS TO TAKE more serious lest all progress of the last decades will be lost. My blog contains quite a few posts on reprisals (https://thoolen.wordpress.com/tag/reprisals/), but the key one is: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/.

The objectives of the side event are:  Read the rest of this entry »