Impunity Watch: Europe

Islamic Community Denied Damages for Ravaged Mosques

2009-11-08T21:30:00-05:00

By Kenneth F. Hunt
Impunity Watch Reporter

BANJA LUKA, Bosnia and Herzegovina – The District Court in Banja Luka, Bosnia and Herzegovina overturned a lower court that would have required a Serbian region and town to pay its Islamic community $50 million for repair of sixteen mosques.

The reversal was a victory for the Serb-dominated region Republika Srpska and town of Banja Luka, who otherwise would have been required to pay the Bosnian Muslim community for mosques that were destroyed during the Bosnian War (1992–1995). Slobodan Radulj, the Republika Srpska Attorney General, briefly noted that he “expected [this] decision to overrule the communal court ruling.”

The February 2009 decision by a local magistrate was hailed as a “historic” victory by Bosnian Muslims, a group that has historically been discriminated against in Bosnia. During the war, Muslims were the most deleteriously impacted, sustaining the most casualties and property damages. 90 mosques were damaged in the Banja Luka area alone, while 618 were impacted throughout Bosnia.

Although there were no battles in the town of Banja Luka, sixteen mosques were completely destroyed. Two particular mosques, the Arnaudija and the Ferhadija, built in the 15th and 16th centuries respectively, were incinerated by Serbs during curfews established during the war. Ferhadilja was widely hailed as one of the "finest outside of the Arab world" and was included on the UNESCO list of World Heritage sites.

As a result of mistreatment before and after the war, Muslims have left the Banja Luka area, presumably for good. The estimated current Muslim population is 5,000, just 1/6 of the 30,000 plus Muslims that lived in the area before the war.

Esad Hrvacic, the Islamic community lawyer, noted that he will certainly appeal the ruling to the Republika Srpska region’s supreme court. Moreover, the case may proceed directly to the state constitutional court, since the verdict appears politically biased. Hravcic told the press: “After the [February] ruling, we thought the judiciary in Republika Srpska had improved and become just and unbiased . . . [b]ut it seems that its independence has been jeopardized at higher levels.”

For more information, please see:

Scotsman – Court scraps order to pay for mosques in Bosnia – 7 November 2009

Reuters – Bosnia court annuls ruling on burnt mosques pay-out – 6 November 2009

Top News Network – No compensation for mosques destroyed in Bosnia war – 6 November 2009

World Bulletin – Bosnian Muslims say to appeal "Serb biased ruling" on burnt mosques – 6 November 2009

Five Suspected Bosnian War Criminals Arrested

2009-11-07T21:55:00-05:00

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

BELGRADE, Serbia – On Thursday, Serbian authorities arrested five former Serbian troops who allegedly committed war crimes against Roma civilians in 1992.

The arrests were made just hours after the War Crimes Trial Chamber of the Belgrade District Court granted a request to begin an investigation. The spokesperson for Serbia’s War Crimes Prosecution, Bruno Vekaric, confirmed that the arrests were made on orders of the Serbian Interior Ministry. Mr. Vekaric’s press release stated that “Five [persons] were arrested in the swift police action overnight, while another is already in jail serving a sentence on different counts.” The sixth suspect’s war crimes conviction related to an incident that also occurred in 1992 in the village of Sjeverin.

The statement of the War Crimes Prosecutor accused the suspects of various crimes related to the rape, torture, and murder of multiple Roma civilians on July 11, 1992, in eastern Bosnia and western Slovenia.

The six accused persons, allegedly, imprisoned and tortured at least twenty-three Roma civilians in the village of Sjeverin. Several female victims were raped, and some of the male prisoners were forced to have homosexual intercourse with each other. Sjeverin is located in Serbia adjacent to the current Bosnian border.

The statement also stated that three females were raped repeatedly, sometimes “on a daily basis”. The suspects allegedly kept these three women separate from the other prisoners, in the Serbian villages of Malesic, Petkovic, and Drinjaca.

After being raped and tortured, twenty-two of the civilians were then taken to the village of Hamzic where they were executed on July 11. The suspects used knives and guns to commit the murders. The bodies were buried in a Hamzic pit afterwards. The five arrested suspects remain in custody of the Serbian police. Authorities have not yet released the identity of any of the six accused war criminals, nor the location of the sixth suspect.

For more information, please see:

B92 – Five war crimes suspects arrested – 6 November 2009

Balkan Insight – Serbian Police Arrest 5 War Crime Suspects – 6 November 2009

Radio Srbija – Request for investigation against six war crime suspects – 6 November 2009

Reuters – Serbia charges six for 1992 killings in Bosnia – 6 November 2009

Xinhua – Serbian police arrest five war crime suspects in eastern Bosnia – 6 November 2009

Suspects Arrested in Killings of Russian Human Rights Lawyer and Journalist

2009-11-06T23:59:18-05:00

By David Sophrin
Impunity Watch Reporter, Europe

MOSCOW, Russia - Two suspects have been charged by a Moscow city court in the the murders of a Russian human rights lawyer and journalist.

Nikita Tikhonov and Yevgenia Khasis, allegedly members of a Russian neo-Nazi organization, were charged Thursday with the Moscow murders of Stanislav Markelov and Anastasia Baburova. The chief of the Federal Security Service, Alexander Bortnikov, confirmed that the two suspects were arrested during a larger initiative targeting domestic extremist groups. In addition to a long record of opposing the actions of Russian security officials, Markelov, 35, had also been a the lawyer for journalist Anna Politkovskaya and worked on behalf of a Chechen family who's daughter had been killed by a Russian Army officer. Baburova, 25, was a student journalist.

Photo: Journalist Anastasia Baburina and lawyer Stanislav Markelov were murdered by ultra-nationalists. [Source: AFP]

Investigators have confirmed that it was Tikhonov who actually killed the two victims, while Khasis served as a lookout. The announcement of these arrests, made by the nation's top law enforcement official and Russian President Dmitry Medvedev, came as the Kremlin has faced increased criticism for failing to properly investigate the continued killings and disappearances of leading human rights activists and opposition journalists in recent years.

Both Tikhonov and Khasis are members of the radical nationalist organization Russian National Unity. Additionally, according to Bortnikov, Tikhonov has been a member of United Brigade 88, an extreme right-wing ultra nationalist organizations. United Brigade 88 has been engaged in a campaign of anti-immigrant violence.

Nikita Tikhonov, one of two suspects arrested, is led into a Moscow court. [Source: Reuters]

Tikhonov's lawyer has commented that it was the intention of Tikhonov to kill only Markelov. Markelov had worked in the past to obtain tougher punishments for those were responsible for the 2006 killing of a Russian anti-fascist organizer and had encouraged security officials to arrest Tikhonov. Tikhonov, although never arrested, had been a additional suspect in that killing. The lawyer went on to indicate that Baburova death was accidental, since he had been leaving a news conference with Markelov when the shooting took place.

For more information, please see:

AP - Two Suspects in Killings of Lawyer, Journalist Arrested - 6 November 2009

NEW YORK TIMES - Man Admits to Killing Russian Rights Lawyer, Stanislav Markelov, and Reporter - 6 November 2009

RADIO FREE EUROPE - Two Arrests Made In Moscow For Markelov, Barburova Murders - 6 November 2009

WASHINGTON POST - Russia Arrests 2 in deaths of human rights lawyer, journalist - 6 November 2009

THE OTHER RUSSIA - Suspect Confesses to Murder of Russian Lawyer - 5 November 2009

Italian Judge Convicts Americans in 2003 CIA Kidnapping of Egyptian Cleric

2009-11-05T23:11:18-05:00

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

MILAN, Italy - On Wednesday, an Italian judge found twenty three Americans and two Italians guilty in the kidnapping of an Egyptian cleric as a terror suspect. The convictions mark the first ever legal convictions anywhere against those involved in the CIA's extraordinary renditions program.

During the Bush administration, the CIA engaged in the practice of abducting terror suspects. The terror suspects were then transferred to countries where torture was permitted. The Obama administration ended the program and closed the oversees jails this past January.

Photo: Judge Oscar Magi reading the conviction of twenty three Americans implicated in the kidnapping of an Egyptian cleric in 2003. [Source: Luca Bruno / AP - Nov. 4, 2009]

The American and Italian agents were convicted of kidnapping Osama Moustafa Hassan Nasr, also known as Abu Omar, in Milan on February 17, 2003. Nasr was then moved to Egypt, where he says he was tortured. He was later released in Egypt, but was not allowed to attend the trial in Italy.

Photo: A mid-1990s passport Photo of Osama Moustafa Hassan Nasr. [Source: Marsela Glina/Chicago Tribune]

The American defendants were tried in absentia by the Italian court. Several American and Italian defendants, including the two masterminds of the abduction, were acquitted on diplomatic immunity grounds or because Italy's highest court struck certain classified information. The three acquitted Americans include the former Rome CIA station chief, Jeffrey Castelli, and two other diplomats assigned to the embassy in Rome. The former head of Italian military police, Nicolo Pollari, and four other Italian secret service agents were also acquitted.

The former CIA station chief of Milan, Robert Seldon Lady, received the top sentence of eight years in prison. The twenty two other convicted Americans each received five-year sentences, and the two Italians both received three-years for their roles as accessories to the abduction.

Among the convicted is former Milan consular official, Sabrina De Sousa, who is currently suing the State Department. De Sousa, a former State Department employee, denies that she was a CIA agent and believes that she should have been extended diplomatic immunity. However, diplomatic immunity was not extended to those consular officials charged.

De Sousa's attorney, Mark Zaid, said: "The Italian conviction merely confirms the U.S. government's betrayal of our diplomatic and military representatives oversees."

Prosecutor Armando Spataro has said that he was considering asking Rome to issue international arrest warrants for the apprehension of the convicted Americans. However, the Italian government, under President Silvio Berlusconi, has refused to issue the arrest warrants.

So long as the verdicts remain in place, the convicted Americans risk arrest if they travel to Europe.

For more information, please see:

AP - Italian judge convicts 23 in CIA kidnap case - 4 November 2009

Guardian.co.uk - Rendition trial ends with Milan CIA chief given eight years - 4 November 2009

Los Angeles Times - Judge in Italy convicts 23 Americans in 2003 CIA kidnapping of Egyptian cleric - 4 November 2009

NY Times - Italy Convicts 23 Americans for C.I..A. Renditions - 4 November 2009

Free Press Activists Arrested in Moscow

2009-11-04T00:00:39-05:00

By David Sophrin
Impunity Watch Reporter, Europe

MOSCOW, Russia - Approximately 50 people were arrested Saturday at a protest in Moscow. The protest, which took place in Triumfalnaya Square in the center of the capital, focused on the efforts of the Kremlin since current Prime Minister Vladimir Putin rose to power in 2000 to suppress independent media sources and nongovernmental human rights organizations. The protest was a part of Strategy 31, which has been a national effort to pressure the government to recognize and uphold the freedom of assembly rights guaranteed in paragraph 31 of the Russian Constitution.

Hundreds of city police and Interior Minister officers surrounded the approximately 100 protesters and 100 journalists who were in attendance. The leaders of the rally disputed those numbers, claiming that 70 people had been detained and more than 500 people had been in attendance. Among those in attendance was the United Civil Front and the National Bolshevik Party. The protest had not received the required authorization, the government citing a prior planned 'military celebration' in the same square.

Among the protesters was Lyudmila Alexeyeva, a well known human rights activists in Russia. Alexeyeva exclaimed that she had come "to defend the constitution." She also stated that "the idea to organize the demonstrations on the 31st of the month here in the capital is to attempt to make a tradition of peaceful gatherings to allow citizens the chance to defend the Russian constitution." Eduard Limonov, the National Bolshevik Party leader, was also present.

Another protester declared that he "[wanted] Russia to be free, not to rot in a policeman's nightmare."

A pro-Kremlin youth group, known as Rossiya Molodoya, were also at the rally. Leaflets and flares were used by this organization in an attempt to instigate the human rights protesters. Soon after their actions, the police who were already surrounded the human rights protesters in the square stepped in and arrested the activists. They were taken to nearby police stations.

For more information, please see:

HUFFINGTON POST - Human Rights Protesters Arrested in Moscow for Demanding Freedom of Assembly - 3 November 2009

ITAR-TASS - Unauthorized rally thwarted in Moscow, 50 people detained - 1 November 2009

PRESSTV - 50 human rights protesters arrested in Russia - 1 November 2009

THE OTHER RUSSIA - 70 Oppositionists Detained in Moscow Rally - 1 November 2009

REUTERS - Russian police detain 50 at human rights protest - 31 October 2009

RUSSIA TODAY - Opposition leaders detained in Moscow while trying to rally - 31 October 2009

Karadzic to Attend Special Hearing on Tuesday

2009-11-02T21:00:40-05:00

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - Radovan Karadzic has announced his intention to appear before the International Criminal Tribunal for the former Yugoslavia (ICTY) on Tuesday at a special hearing designed to end his boycott of the trial. The trial was scheduled to begin last Monday, October 26, but was abruptly halted after he refused to appear.

Karadzic has requested that the tribunal grant him an additional eight to ten months to prepare for trial.

Prosecutors proceeded to set out their case against Karadzic last Tuesday despite his absence, and continued to do so today. They have accused Karadzic of being "supreme commander" and the "undisputed leader" of a Bosnian Serb campaign to eliminate Muslims and Croats from Bosnian territory claimed by Serbs.

Photo: The empty seat at the War Crimes Tribunal in The Hague where Radovan Karadzic was to be seated during his trial. [Source: AP Photo/Peter Dejong]

Taken into custody in July of 2008 after thirteen years in hiding, the former Bosnian Serb leader was discovered on a bus in Belgrade disguised as a new age healer. He faces eleven war crimes charges, including counts of genocide for his role in the Srebrenica massacre, and the bloody siege of Sarajevo.

Marko Sladojevic, Karadzic's legal adviser, said:

"He will not show up today. He will appear tomorrow because he wants to help find a solution to the problem...We hope that the trial chamber will basically grant us the time that is necessary to prepare and that is the only position we have."

During the Tuesday hearing parties will discuss measures to end the boycott, including the option of granting Karadzic more time to prepare. Presiding Judge O-Gon Kwon has also said that he would consider imposing an attorney to represent Karadzic if the boycott were to continue.

Prosecutor Alan Tieger's opening statements focused on Karadzic's role in the massacre of Srebrenica, in which roughly 8,000 muslim men and boys were killed. He said:

"The murder of these men and the expulsion of the women, children and elderly did not arise from nowhere...These crimes were the culmination of the accused's determination to cleanse eastern Bosnia to ensure the Serb state he envisioned."

Karadzic's boycott of the trial last week angered and frustrated dozens of war survivors, many of whom were widows from Srebrenica, who traveled hundreds of miles by bus to the see the trial.

For more information, please see:

AP - Karadzic to continue trial boycott - 2 November 2009

BBC - Karadzic 'will appear at trial' - 2 November 2009

Telegraph - Radovan Karadzic 'will appear in court on Tuesday' - 2 November 2009

France Criticized for Detaining Unaccompanied Minors

2009-11-01T23:07:39-05:00

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

PARIS, France – Over the past week, the press has criticized France for its policy of detaining migrant children that arrive at Charles de Gaulle Airport unaccompanied. A recent report released by Human Rights Watch attacks the detention policy on several areas.

The report stated that France detained far more unaccompanied children migrants than other European nations. 1,500 unaccompanied minors were detained at Charles de Gaulle airport in an eighteen month period between January 2008 and July 2009. Over 1000 of those minors were detained in 2008 alone. In comparison, only 72 unaccompanied migrants were detained in Germany’s airports that year.

Additionally, the detention process itself has been criticized as illegal. While the children were in custody, they were placed in “transit zones” inside of the airport. These “transit zones” were extra-territorial legal fictions. In other words, French authorities argued that while the children were in “transit zones” they were not within French territory. The report contends that the use of extra-territorial status to limit the rights of migrant children may violate France's obligations under international law.

The report concluded that the unaccompanied migrants were exposed to unnecessary risks and degrading treatment while in custody. Many unoccupied minors were forced to sign papers that they were unable to read, relating to their legal status. Signatures were routinely forced out of unwilling children through threats of deportation, and many children were hand-cuffed or restrained for days at a time. Others were denied access to toilets for more than twenty-four hours.

Despite this critical report, French government officials defend their policy. They argue that the use of "transit zones" is essential to insuring that unaccompanied minors do not engage in criminal behavior.

For more information, please see:

BBC – France migrant policy criticised – 29 October 2009

Human Rights Watch – France: Abolish Airport Limbo for Migrant Children – 29 October 2009

News 24 – Child migrant policy slammed – 29 October 2009

New York Times – French Airport Zone Poses Risk to Arriving Minors, Report Says – 29 October 2009

Relief Web – Lost in Transit: Insufficient protection for unaccompanied migrant children at Roissy Charles de Gaulle airport – 29 October 2009

French Court Halts Corruption Probe

2009-10-31T10:23:58-04:00

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

PARIS, France – On Thursday, a French appeals court halted a probe into the source of funding for luxury cars and property owned by three African leaders. The appeals court denied the standing of the activists as plaintiffs to bring a lawsuit against three African presidents.

The activists are part of a non-governmental organization known as Transparency International, which describes itself as a “global coalition against corruption.” Transparency launched the investigation in December 2008 by filing a complaint against three African leaders, based on information contained in a 2007 French police report. The complaint alleged that Presidents Omar Bongo of Gabon, Denis Sassou-Nguesso of Congo, and Teodoro Obiang of Equitaorial Guinea purchased property and vehicles now held in France via “concealment and misuse of public funds.”

In May 2009, the embezzlement investigation was given approval by a French magistrate judge. The May ruling determined that there was enough preliminary evidence to begin a judicial probe into whether the assets in France were purchased with embezzled money from African state treasuries.

This ruling occurred nearly two years after the 2007 police report noted that the three presidents held property, bank accounts, and vehicles, or some combination thereof, in France. President Obiang allegedly embezzled money from his country and held it in seventy different bank accounts. His son was the owner of two luxury cars worth 4.2 million euros, and the lessee of an apartment in an affluent Paris neighborhood. President Bongo died last year, but his son, Ali Ben Bongo, still holds the thirty-nine different pieces of property in Paris and Riviera districts as indicated in the 2007 report. In addition, 112 French bank accounts were identified in the name of Bongo or his relatives. The family of President Sassou-Nguesso owns several luxury limousines and twenty four properties around Paris. One mansion is worth 18.9 million euros.

From left to right, Presidents Obiang, Sassou-Nguesso, and Bongo (now deceased). Photo Source: AFP.

President Obiang’s lawyers lauded the ruling, and accused the Transparency activists of using “humanitarian alibis” to hide their true aims. In a press release, counsel argued that the ruling indicates “that attempts to use the French justice system for obscure purposes are doomed to fail.”

Transparency International’s lead attorney, William Bourden, criticized the opinion harshly, stating “Those in France and Africa who organize and take advantage of the looting of African public money will be celebrating with champagne." Transparency will appeal the decision to the French Supreme Court.

Gabon, Congo, and Equatorial Guinea are all African countries that produce and export large amounts of oil. In addition, Gabon and the Congo are former French colonies. The ruling implies, at least to some skeptics, that these African officials might be untouchable because of French interests in their countries. Expatica, reported that French officials have been hesitant to investigate the allegations because of the “close ties and oil contracts with its former African colonies.”

The French government has resisted any calls to investigate.

For more information, please see:

Expatica – French court halts Africa corruption probe – 30 October 2009

France 24/7 – Court stops inquiry into three African leaders’ property portfolios – 29 October 2009

New York Times – French Court Stops Inquiry Into African Leaders’ Assets – 29 October 2009

RFI – French court stops African corruption case – 29 October 2009

Austrian Students Protest Over Worsening Educational Conditions

2009-10-30T16:10:06-04:00

By David Sophrin
Impunity Watch Reporter, Europe

VIENNA, Austria - Student groups in Austria protested again yesterday against what they see as poor educational conditions in the nation's schools. Approximately 30,000 students marched this past week in Vienna in opposition of proposed educational reforms and in favor of an overhaul in the nation's educational system. These marches, which have taken place in many of the country's largest cities in recent days, have been organized by student organizations.

Students and teachers at the Academy of Fine Arts (AFA) in Vienna protested against this new educational reform proposal that is being adopted across Europe. These reforms, known as the Bologna Process, are meant to the make it easier for students to study abroad and obtain degrees that can be recognized in other nations. The AFA protesters alleged, however, that these reforms would prevent their ability to construct personally tailored degree programs.

The lack of funding for Austrian universities that currently exists has caused some of the student leaders to call for an end to free access to higher education. Student Dominik Karas commented that "to increase the standard of education it would be better to reinstall tuition fees."

Students at the University of Vienna also are calling for the elimination of entrance exams and fees for foreigners and longterm students. Students have occupied one the school's lecture halls for almost a week in an effort to draw attention to the funding issues.

The calls of the students involved in these protests have been directed at the national political leaders of Austria, notably the Prime Minister and Finance Minister. Sigrid Maurer, Chairman of the Austrian Union of Students, has stated that these leaders must "take the education agenda into their hands."

The student organizations are also calling for the end to alleged sex discriminations in certain university policies. Currently females and foreign students are barred from certain university facilities.

This is not the first time that the Bologna Process educational reforms been met with student opposition. In September students in Barcelona clashed with police over the implication these reforms.

For more information, please see:

XINHAUANET - Austrian students take to streets to demand more rights - 30 October 2009

PRESSTV - Austrian students urge education reform - 30 October 2009

EURONEWS - Austria'a students demand reforms - 29 October 2009

ASSOCIATED PRESS - Austrian students protest poor conditions, reforms - 26 October 2009

Russian Opposition Leader Gunned Down

2009-10-27T13:34:56-04:00

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

KABARDINO-BALKARIA, Russia – A human rights activist and Russian opposition leader was gunned down Sunday. Maksharip Aushev was killed by an unidentified assailant who opened fire, while she was driving through the Kabardino-Balkarina region of Russia.

Aushev was a passionate activist, who was very critical of Murat Zyazikov, the former President of the Kabardino-Balkarina region. Magomed Yevloyev, another opposition activist from the area was killed back in August of 2008 by local police. Aushev’s death is another example of the wave of violence in the North Caucasus regions, which are controlled by the Kremlin. However, Moscow denies any role in these political killings, and blames the violence on the Muslim insurgents in the region.

Musa Pliyev, a presidential aide to the region, stated “t]he killing was an expected one”, as Aushev had allegedly received threats to his life in the past. Recognizing that incidents like this have not been isolated, Pliyev warned that such tragedies are “not just an encroachment on people's rights, but a challenge to civil society, the authorities and the state.”

The Prosecutor General of Russia, Yury Chaika, has already committed to a personal investigation of the killing. Nonetheless, human rights activist Magomed Mutsolgov said he, and others, will demand that the current leaders of the republic step down, since they have created an atmosphere that is “intolerable” for opposition leaders and human rights activists.

Many question whether the current administration in Ingushetia is able to prevent violent attacks like this. "You see how they kill journalists and human rights workers, it continues, and there is no real investigation into any of them," Mutsolgov noted of the Ingushetia government officials.

For more information, please see:

Focus News Agency – Prominent opposition leader killed in Caucasus – 25 October 2009

New York Times - In Ingushetia, Another Opposition Figure Is Killed - 25 October 2009

Radio Free Europe – Opposition Head Killed in Russia’s Ingushetia – 25 October 2009

Rianovosti – Former Ingush opposition leader shot dead in South Russia – 25 October 2009

Xinhua News Agency – Ingush opposition leader killed in S. Russia – 25 October 2009