War Crimes

Reuters

Tuesday, February 26, 2008

GUATEMALA CITY: Guatemala’s new President Alvaro Colom said on Monday he will open army files for the first time to make public details of massacres and torture by soldiers during the country’s 36-year civil war.

“We are going to make all of the army’s archives public so we can know the truth, to start building on a foundation of truth and justice,” said Colom, who beat a right-wing former general to take office in January.

Almost a quarter of a million people were killed or disappeared during the 1960-1996 conflict between leftist guerrillas and the government. Over 80 percent of the murders were committed by the army, according to a United Nations-backed truth commission.

The commission, which compiled thousands of interviews with victims after the 1996 peace accords, named no officials, in part because the army files were not open to the public.

Colom’s uncle, Manuel Colom Argueta, a leftist politician with presidential ambitions, was killed by the army in 1979 in a well-coordinated ambush.

Rights groups say the new army files will help solve war crimes when matched with information in the police archive discovered in June 2005, as police collaborated with the army.

Colom said all the information from the military will be turned over to the human rights ombudsman, also in charge of cleaning and categorizing the thousands of police documents left molding in an old warehouse behind a dump for rusted cars.

The massive paper trail gives hope to family members who are looking for answers about their long-disappeared relatives.

Eighty-year-old Emilia Garcia hopes the army files will contain clues about her son Fernando Garcia, a union leader shot by police in 1984, taken to a military hospital and never heard from again.

“We have been waiting 24 years for the state to give us some answers. All I want is to find my son’s remains, he is not a lost dog,” she said.

An Argentinian Roman Catholic priest was sentenced to life imprisonment for being a “co-participant” in seven killings, 31 torture cases, and 42 kidnappings during the military dictatorship of Jorge Rafael Videla from 1976 - 1983. Christian von Wernich, 69, was the former police chaplain to the Buenos Aires police force who participated in the “disappearances” of at least 13,000 people in a campaign against dissenters to the regime. The Argentine “dirty war” was primarily a campaign meant to deter opposition forces and communist influence in the form of trade-unions and student activists. Human rights lawyers said von Wernich participated in withdrawing information from torture victims at secret detention centers.

Judges visited the former torture centers with some of the survivors, and some 70 witnesses testified during the trial that von Wernich assisted in extraordinary interrogation techniques under the guise of offering spiritual guidance to the detainees. (more…)

The U.N.-backed court examining atrocities committed during the 1991-2002 civil war in Sierra Leone handed down two sentences to former militia leaders Tuesday. Moinina Fofana and Allieu Kondewa received sentences of six and eight years respectively for murder, cruel treatment, pillage, and issuing collective punishment. Kondewa received additional penalties for his role in conscripting child soldiers. Both were members of the Civil Defense Forces that used roving bands of tribal hunters to combat various rebel groups. Critics accuse the CDF of torturing and mutilating civilians to achieve its goals, while others praise the group as patriots who established law and order.

Judge Benjamin Itoe, a Cameroonian judge on the The Special Court for Sierra Leone, recounted that the nature of atrocities committed by the CDF including impaling womens genitalia and marking roadways with the entrails of their victims. Stephen Rapp, chief prosecutor for the SCSL, said he would appeal the lighter sentences handed down by the court. The prosecution originally asked for 30-year sentences in the case, consistent with previous convictions of 45 and 50 year sentences for war crimes. Rapp noted that the perceived acceptance of atrocities symbolized by the light sentences against Fofana and Kondewa sent a message to other conflict zones that such behavior was acceptable. “The innocent in war must always be protected and must know they are safe from being targeted by any side in the conflict,” Rapp said. (more…)

On Oct. 2, 1992, riot police from the Brazilian police force forcibly put down a riot in the Carandiru Detention Center, killing 111 in Brazil’s worst prison massacre.  In cell block 9, a fight broke out between two prisoners from rival gangs over exercise space.  The fight resulted in the hospitalization of one prisoner following a blow to the head with a wooden club. In response to the conflict, prisoners broke into the exercise yard and a riot ensued. By 2 pm, the prisoner’s controlled the area, though no hostages were taken and no escape attempts were made.

Prison officials notified the Commander of the Metropolitan Sao Paulo Police, Col. Ubiratan Guimaraes, of the situation. Col. Guimaraes called for reinforcements from the Brazilian police force and by roughly 3 pm, prison officials handed control of the situation over to the Brazilian police force. Police officers were stationed outside the prison walls by 3:30 pm.

(more…)

Sierra Leone jails militiamen: (Reuters)  Three militiamen were sentenced to decades long prison sentences for human rights violations committed during the civil war that spanned from 1991 - 2002 in Sierra Leone.  The U.N. backed Special Court for Sierra Leone convicted the men for “some of the most heinous, brutal and atrocious crimes ever recorded.”  The verdict has been praised by many human rights organizations as it is the first ruling by an international tribunal regarding the use of child soldiers.  The charges also include 11 counts of war crimes and crimes against humanity for terrorism, murder, and rape, among others.  All three were members of the Armed Forces Revolutionary Council (AFRC) which had tried to control the diamond trade in Sierra Leone.  AFRC is alleged to have conspired with former Liberian president Charles Taylor, who is also on trial for instigating and coordinating murder, rape, and terrorism.

Chiquita International accused of funding terrorism: (AP) A lawsuit filed in New Jersey alleges Chiquita Brands International Inc. funded terrorist groups in Columbia and is therefore guilty of conspiracy on murder charges.  The class action lawsuit was filed on behalf of six alleged victims who were killed by the paramilitary group United Self-Defense Forces of Columbia (AUC).  Chiquita also made payments to the National Liberation Army (ELN) and the Revolutionary Armed Forces of Columbia (FARC) to ensure the safety of its workers, according to company spokesmen.   The company has recently pleaded guilty to charges of illegal business activity with terrorist groups in an earlier case filed with the U.S. District Court in Washington.  Company spokesmen maintain the funding was forced to ensure the company could maintain its business interests in the banana region of Columbia.  EarthRights attorneys, however, claim the company was “grossly negligent” by funding the various groups.  The newest suit seeks unspecified monetary compensation.

Obama says U.S. military not for humanitarian aid:  (AP) Democratic presidential candidate, Barak Obama, stated in an interview with the Associated Press that humanitarian aid and the prevention of genocide are not sufficient reasons to maintain a military presence in Iraq.  “Well, look, if that’s the criteria by which we are making decisions on the deployment of U.S. forces, then by that argument you could have 300,000 troops in the Congo right now … We would be deploying, unilaterally and occupying Sudan.”  Obama, who is an opponent of the U.S. led war in Iraq, claims these problems cannot be handled militarily and should be resolved through diplomacy, stating “you can’t solve the underlying problem at the end of a barrel of a gun.”  Republican spokesmen have countered Obama’s statements as pandering to left leaning interests.

Christian Von Wernich, a former police chaplain, went on trial for allegations of kidnapping, torture, and murder during Argentina’s dirty war; an anti-insurgent campaign during 1976-1983 in which the Buenos Aries police force brutally countered leftists dissidents to the military dictatorship.  Von Wernich, a Catholic priest, was accused of fostering the suppression campaign on behalf of the Roman Catholic Church.   He is also accused of assisting in harsh interrogation procedures at secret detention facilities.

Witnesses in the case have been reluctant to cooperate with the trial after a key witness disappeared.  The President of Argentina, Nestor Kirchner, had many of the dictatorships amnesty laws annulled, opening the way for investigations of rights violations from the former regime.

Reuters

International Criminal Court Investigates War Crimes in Central African Republic

The International Criminal Court (ICC) launched an investigation into allegations of “massives rapes and other acts of sexual violence” perpetrated by officials of the Central African Republic (CAR).  The top courts in CAR had referred the former President Ange Felix Patasse and Congolese rebel leader Jean-Pierre Bamba to the ICC for war crimes because the CAR was not capable of prosecution.  The incidents are alleged to have occurred during a coupe in October, 2002, to overthrow the current CAR regime.  The investigation is not currently focusing on any particular individuals.  It is the fourth ICC investigation since its inception in 2002, all of which are in Africa.

Sexual violence has a lingering social effect of degradation on women in African cultures.  Victims describe gang rapes and public rapes in the presence of family members.  Many of the victimized women have contracted HIV, leaving them stigmatized in their communities.

Pope Benedict Cites Injustices in Latin America

Facing criticism from many Latin American leaders, including Venezuelan President Hugo Chavez, Pope Benedict stated that the Church had committed “various injustices” during its colonization of Latin America in the 15^th century.  Millions of native Latin Americans were slaughtered as a result of European intervention.  The Pope, however, said that the Church did not impose itself during its conquest, stating that indigenous Americans were “silently longing” for Christianity. 

Guilty Verdicts in Assassination of Serbian Prime Minister

Twelve men were found guilty in a Serbian court for the 2003 assassination of Prime Minister Zoran Djindjic in Belgrade.  The prime minister was shot by a sniper while getting out of his car outside a government building.  The prosecution has argued that a former policeman, Zvezdan Jovanovic, issued a statement claiming he had “liquidated Zoran Djindic personally.”  It is suspected that Djindjic was murdered for his measures to bring suspected war criminals to prosecution.

Yemeni Implicated in Lackawanna Cell

Yemeni officials have informed the FBI they have Jaber A. Elbenah in custody, a year after he escaped from a Yemeni prison.  Elbenah is alleged to have been associated with the “Lackawanna Six”, a suspected al Qa’ida cell uncovered in 2002.  Elbenah is charged with training at the al-Farooq camp in Afghanistan.  The United States recognizes material support of terrorism as a war crime.

Pakistani Troops Aiding UN Mission Trading Gold for Guns

Pakistani battalions supporting the UN peacekeeping forcing in the Congo have been trading gold for guns, according to the BBC.  The UN has uncovered incidents of Pakistani forces re-arming militias accused of some of the worst human rights abuses in the civil war in the Democratic Republic of the Congo.  A UN team sent to investigate the abuses had a stand-off with Pakistani troops when UN personnel attempted to seize computers as evidence of the gun-for-gold trades.  UN officials in New York have stated that the United Nations had largely attempted to bury this investigation for political reasons.  Pakistan, a main US ally, has stated they will look into the allegations. 

Roundup compiled from various wire services and BBC World News.

Salvatore Mancuso, a top military commander in Columbia testified that the government there was tied to the murder of civilians and cocaine trafficking, stating “paramilitarism was state policy.”  According to the Washington Post, 14 members of Columbia’s Congress, 7 former lawmakers, the head of the secret police, and many others have been implicated in cooperating with the paramilitary group, United Self-Defense Forces of Columbia (AUC).  The US State Department designates AUC a terrorist organization.  Many paramilitary commanders and high-ranking officials are testifying under the Justice and Peace law that seeks lenient sentences in exchange for testimonials and disarmament.

Mancuso stated that his operations were financed by local operators from the US based fruit firms, Del Monte and Dole.  In March, the US banana firm, Chiquita Brands International, agreed to pay $25 million after pleading guilty to paying off the paramilitary groups in exchange for protection.   The United States government is backing the current Columbian administration of President Alvaro Uribe by providing billions in aid to disarm the paramilitary groups. 

The AUC began in the late 1990’s as a counter-insurgency group fighting against the Revolutionary Armed Forces of Columbia (FARC) and the National Liberation Army (ELN).  It is estimated AUC forces have killed as many as 10,000 people, including civilians.   According to the Federal Bureau of Investigation (FBI), “in one 10-month span, the AUC was reportedly responsible for 804 assassinations, 203 kidnappings, and 75 massacres with 507 total victims.”  AUC has suggested as much as 70% of their finances derive from cocaine trafficking.

Columbian government officials have also been implicated in a plot to assassinate Venezuelan government officials.  Former Venezuelan Vice President Jose Vincente Rangel said that Juan Manuel Santos, the current Columbian defense minister, was involved in a plan to “unleash destabilizing actions, [and] assassinating government and opposition leaders.”  Rangel suspects the Uribe government is plotting to destabilize the government of Venezuelan President Hugo Chavez, who is opposed to the United States. 

Democrats in the US Congress have stated that aid packages and free-trade agreements with Columbia are being held back due to allegations that Uribe’s cabinet officials are involved with paramilitary groups, including AUC.

AP/Reuters

In Chile today, locals celebrate the feast of Saint Expeditus. Legend says that benevolence was granted to local pilgrims by officials after praying to the Saint. The recent history of the region, however, is not so seraphic. Chili’s former dictator, Augusto Pinochet, faces continued investigations into atrocities committed at his hands, four months after his death. A Chilean investigation has uncovered evidence that Pinochet ordered agents to kill ex-President Eduardo Frei Montalva with mustard gas in 1982. The investigation uncovered traces of poison in the exhumed remains if Montalva. Additionally, it was alleged that after Montalva’s death, doctors locked the room, removed his organs, and drained his bodily fluids.

Pinochet came to power following a CIA backed coup d’etat to remove the democratically elected Marxist regime in 1973. Following the coup, the regime took part in Operation Condor; a campaign meant to deter opposition forces and communist influence. It is estimated that some 3,000 people were killed or ‘disappeared’ as a result of Operation Condor in Chili alone.

Amnesty laws in the region made prosecution difficult, even after Chili returned to democracy in 1990. In response to extradition requests by Spain, General Pinochet was arrested in London in 1998. The House of Lords ruled in his arrest that Pinochet lacked immunity under international law; a motion which encouraged Chilean courts to seek justice. In 1999, Chilean courts overcame many of the hurdles by stating that ‘disappearances’ would be considered a crime until death was proven concretely. It was also determined that all applicable Geneva Conventions were in place in Chile due to its technical status of internal conflict following Pinochet’s coup. Since then, some 150 people have been convicted of human rights violations and nearly 400 military officials face prosecution.

The willingness and the ability to face past atrocities is a sign post in the maturation of nations. Some argue that these actions only highlight the dark stains in a nation’s history, while others make cries for justice. With no contribution to laws regarding human rights and benchmarks of normative behavior, the examination of the past make recovery for future generations possible.

In other news; In statements made at The Holocaust Memorial Museum in Washington DC, President Bush stated that “genocide is the only word for what is happening in Darfur.” This marks an important move in the resolution of the situation there.

The Economist has detailed coverage here.

Bloomberg has details of Frei Montalva here.