Showing posts with label War crimes. Show all posts
Showing posts with label War crimes. Show all posts

Friday, July 23, 2010

US calls for probe on rights abuses in Sri Lanka


COLOMBO, Sri Lanka — A top U.S. diplomat urged Sri Lanka on Wednesday to investigate allegations of war crimes during its civil war and to resettle tens of thousands of displaced ethnic Tamils as a means of reconciliation.
The United States also backs the United Nations' look into possible war crimes as Sri Lanka's 25-year civil war was ending last year, U.S. Assistant Secretary of State for South and Central Asian Affairs Robert O. Blake told reporters.
Sri Lanka opposes the advisory panel formed by U.N. Secretary-General Ban Ki-moon as infringing on its national sovereignty and has vowed not to give the panel members visas to enter the country.
"Sri Lanka has a unique opportunity to forge a lasting peace and prosperity after decades of war," Blake said. He added that keys to reconciliation are resettling the displaced, assuring accountability to redress past wrong, freeing institutions like police, judiciary, elections commission and public service from political interference and ensuring media freedom.
Blake, who is on a visit to Sri Lanka and the Maldives, spoke amid increasing international criticism of the Sri Lankan government over human rights.
The European Union last month decided to scrap a preferential trade scheme for Sri Lanka unless the country commits to the protection of human rights. Sri Lanka has rejected the E.U. conditions.
Blake said the U.N. panel Ban appointed would only help Sri Lanka's own investigations. Sri Lanka has appointed its own reconciliation commission, but that body is not expected to look into the war crimes allegations.
Human rights groups have accused the government and the Tamil Tiger rebels of deliberately targeting civilians and according to U.N. documents at least 7,000 people were killed in the last five months of the fighting alone.
Government troops crushed the rebels last year, ending their campaign for an independent state for the Tamil minority. More than 80,000 people were killed in the quarter-century war.
Opponents of the panel are concerned its work could eventually be the basis of war crimes charges against Sri Lankan leaders whom the population regard as heroes for defeating the rebels. A protest led by a government minister in the capital earlier this month blocked U.N. workers from leaving their office building for several hours.
But Blake said the panel will not have investigative powers.
"It is only an advisory panel to U.N. Secretary General and it is not investigatory or judicial role at any time. U.N. has many experience with many parts of the world and that experience can help Sri Lanka," Blake said.

Monday, June 28, 2010

Timor-Leste law allows amnesties for war criminals

Timor-Leste law allows amnesties for war criminals

Survivors of decades of human rights violations are demanding 
justice
Survivors of decades of human rights violations are demanding justice
© International Center for Transitional Justice

People convicted by Special Crimes trials are among those released
 by presidential pardons
People convicted by Special Crimes trials are among those released by presidential pardons
© Serious Crimes Investigation Team/UNMIT

28 June 2010
Amnesty International is urging Timor-Leste to close a legal loophole that is allowing war crimes and crimes against humanity committed during the 1975-1999 Indonesian occupation to go unpunished.
Timor-Leste; Justice in the Shadow, an Amnesty International report released today on the country’s latest Penal Code, documents how the law allows amnesties that would prevent trials of people suspected of war crimes or crimes against humanity.  
Without a ban on such amnesties, Timor-Leste is not fulfilling its obligations under the Rome Statute of the International Criminal Court, to which it acceded in 2002. 
“Survivors of decades of human rights violations in Timor-Leste are demanding justice and reparations, but the authorities’ routine use of amnesties, pardons and similar measures has created a culture of impunity,” said Isabelle Arradon, Amnesty International’s Researcher on Timor-Leste.
Amnesty International fears that the Timor-Leste authorities’ potential use of amnesties due to the gap in its new Penal code, will damage the young nation’s ability to develop a strong deterrent to violence, maintain an independent and trusted judiciary, and hold armed groups and security forces accountable for their actions.  
People indicted and convicted by the UN Special Panels for Serious Crimes for crimes against humanity committed during Timor-Leste’s 1999 transition to nationhood, have been among those released by presidential pardons or commutation of sentences.
In 2008, militia leader Joni Marques was set free after his sentence was substantially reduced by the President. He was originally sentenced to 33 years’ imprisonment for crimes against humanity.
“The authorities in Timor-Leste are compromising on justice to seek peace – but trading away justice for such serious crimes only undermines the rule of law, and cannot resolve the trauma of the past,” said Isabelle Arradon.
In 2009, the Timor-Leste government allowed Maternus Bere, indicted by the United Nations Serious Crimes Unit, to avoid prosecution by transferring him to Indonesia before he faced trial.  Bere had been a militia leader involved in massacres of civilians in 1999.
Timor-Leste: Justice in the Shadow acknowledges important steps that the country has taken to include many of its obligations under the Rome Statute into its Penal Code. However, as well as the lack of explicit ban on amnesties for crimes under international law, the Penal Code lacks provisions on co-operation with the International Criminal Court.  
Amnesty International supports a long-term comprehensive plan to address impunity in Timor-Leste.  
This would include the establishment of an international tribunal to investigate and prosecute those responsible for the crimes committed under Indonesian occupation; a search for the disappeared; reparations for the thousands who suffered and the relatives of those who died; and an approach to amnesties, pardons or similar measures that does not undermine the rule of law.
In August 1999, the people of Timor-Leste (then East Timor) voted overwhelmingly in favour of independence from Indonesia in a UN-sponsored referendum. The lead-up to the polls and its aftermath were marred by crimes against humanity and other serious human rights violations. Most of those suspected of such crimes are still at large in Indonesia.
Between 1974 and 1999, 100,000 people are estimated to have been killed or starved to death in Timor-Leste, according to the report of the Commission for Reception, Truth and Reconciliation in East Timor (CAVR).
Crimes against humanity and other human rights violations were most acute during the 24 years of Indonesian occupation from 1975. They included unlawful killings; enforced disappearances; arbitrary detention; torture and other ill-treatment; war crimes; sexual violence; violations of the rights of the child; and violations of economic, social and cultural rights.
The overwhelming majority of the past crimes, mostly at the hands of the Indonesian security forces and their auxiliaries, have yet to be addressed.

Timor-Leste: International Criminal Court: Justice in the shadow

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Index Number: ASA 57/001/2010
Date Published: 28 June 2010

On 6 September 2002, Timor-Leste acceded to the Rome Statute of the International Criminal Court (Rome Statute). Nearly seven years after becoming a state party, Timor-Leste implemented into its 2009 Penal its complementarity obligations under the Rome Statute. In this report, Amnesty International provides a legal analysis of Timor-Leste's 2009 Penal Code and the extent to which it has incorporated complementarity provisions under the Rome Statute and implemented other international criminal law, or failed to do so.