The International Center for Transitional Justice
www.ictj.org

 

Transitional Justice in the News

November 1, 2006 Issue

 

HEADLINES

Chile: Judge Places Pinochet Under House Arrest

Croatia: Study Reveals National Interest in Accountability for War Crimes

Haiti: Death Squad Leader Ordered to Pay Compensation to Victims

Iraq: Dujail Verdict Set for Early November

Lebanon: Lebanese Politicians Grapple Over Establishment of Hariri Tribunal

Liberia: Taylor Attempts to Block Incriminating Public Testimonies

Rwanda: Government Opens Probe into Role of France in 1994 Genocide

South Africa: Government to Compensate Displaced Tribe

Uganda: President Museveni Attends Juba Peace Talks

United States: University Committee Suggests Brown Atone for Ties to Slave Trade

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CHILE

Judge Places Pinochet Under House Arrest

October 27, 2006

A Chilean judge, Alejandro Solis, placed the former dictator, Augusto Pinochet, under house arrest for a range of crimes including torture, murder, and kidnapping committed under his command. Pinochet, now 90 and rumored to be in poor health, was placed under arrest for charges involving rights abuses at Villa Grimaldi, the infamous detention center run by Pinochet’s secret police. Approximately 3,000 people were killed and another 28,000 were tortured during Chile's 1973-1990 dictatorship. Although Pinochet enjoys legal immunity as a former president, the courts can strip him of this protection on a case-by-case basis. He is currently being investigated on formal charges stemming from a murder, 36 cases of enforced disappearance, and 23 cases of torture.

See, CNN, Chilean judge orders Pinochet's arrest

CNN, Chile's Pinochet placed under house arrest

BBC, House arrest for Chile's Pinochet

 

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CROATIA

Study Reveals National Interest in Accountability for War Crimes

October 30, 2006

 

A public opinion survey revealed that a majority of Croatians believe it is important to face the past and support prosecutions for war crimes, even when committed by Croatian nationals. According to the survey—jointly conducted by The Documenta Center for Facing the Past and Puls Agency—a full two-thirds of those polled believe war crimes committed between 1991 and 1995 should be fully investigated. The survey also showed that many are aware of the fact that Croatian armed forces committed serious atrocities against ethnic Serbs. The results contradict the widespread misconception—largely perpetuated by the Croatian media—that most of the country’s citizens would prefer to “push allegations of Croat crimes aside” and “forget about the past.”

 

See, Reuters, Most Croats believe war crimes should be dealt with

One World, Poll: Facing the Past in Croatia

 

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HAITI

Death Squad Leader Ordered to Pay Compensation to Victims

October 25, 2006

 

At a U.S. district court hearing in New York, Judge Sidney H. Stein ordered the former leader of a right-wing Haitian paramilitary death squad to pay $19 million in damages to three women who survived torture and rape under his command. During the trial, the Center for Justice and Accountability argued that, from 1991 to 1994, the Haitian armed forces and the death squad known as FRAPH had sponsored the systematic rape of pro-democracy women as a way to stifle dissent. FRAPH’s former leader, Emmanuel “Toto” Constant, was found liable for torture, rape, extrajudicial killing, and crimes against humanity. He had been living as a free man in New York City since fleeing Haiti in 1994 until a recent 2006 arrest on unrelated charges of mortgage fraud.

 

See, Voice of America, Former Haitian Death Squad Leader Ordered to Pay Damages

Reuters, Haitian warlord ordered to pay $19 mln to victims

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IRAQ

Dujail Verdict Set for Early November

October 30, 2006

 

A verdict in the first trial against Saddam Hussein is expected to be announced on November 5th or shortly thereafter. The landmark ruling will be the first judgement handed down by the Iraqi High Tribunal since its inception in 2003. Hussein could face the death penalty if found guilty, but his lawyers would automatically file an appeal if he is sentenced to death. Hussein and his associates are awaiting the verdict for the alleged killings of 148 Shi'ite Muslims in the village of Dujail in 1982, following a failed assassination attempt on Hussein. The so-called “Dujail Trial” was the first in a series of trials against Hussein and several others on a range of charges, including crimes against humanity and war crimes. Proceedings in the subsequent “Anfal Trial” have been placed on hold until November 7th.

 

 

See, ABC, Iraq hopes Saddam's trial verdict comes soon

Arab News, ‘Iraq Will Turn Into Hell If Saddam Given Death’

News24, Saddam genocide trial postponed

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LEBANON

Lebanese Politicians Grapple Over Establishment of Hariri Tribunal

October 31, 2006

 

Pro-Syrian Lebanese politicians, including Lebanese president Emile Lahoud, have objected to the United Nations draft document on the establishment of a tribunal composed of international and Lebanese judges tasked with trying the killers of former Lebanese Prime Minister Rafik Hariri. The UN’s investigation into the February 2005 assassination implicated top Syrian and Lebanese security officials. Syrian officials deny any involvement. Other anti-Syrian Lebanese politicians accused Lahoud of trying to stall the process and allege his involvement in the killing.

 

See Al-Hayat, معلومات عن تسوية «مثلثة» والأكثرية تتمسك بانجاز اتفاق المحكمة الدولية ... لبنان: حملة نيابية عنيفة على لحود وتلميحات الى «مقايضة» لتوسيع

Beirut Daily Star, Lahoud suggests changes to Hariri tribunal 

Annahar, جنبلاط يعتبر الاعتراض على المحكمة الدولية تغطية للجرائم ورايس متخوفة من اغتيالات جديدة في لبنان

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LIBERIA

Taylor Attempts to Block Incriminating Public Testimonies

October 24, 2006

 

Lawyers representing the former Liberian president and notorious warlord, Charles Taylor, have argued that public testimonies in the proceedings of the Liberian Truth and Reconciliation Commission (TRC) could taint the case against him, set to start in The Hague in mid-2007. The TRC started gathering statements in early October from witnesses, survivors, and perpetrators involved in Liberia’s prolonged civil war, which lasted from 1989 to 2003. Taylor’s lawyers issued a writ of prohibition against any collection of evidence against their client on the basis that he would not be present to defend himself and that his trial—under the jurisdiction of the Special Court for Sierra Leone—could be prejudiced by public opinion. The Liberian Supreme Court has not yet announced whether it will grant the request.

 

See, BBC, Taylor bids to halt truth probe

News24, Taylor tries to block TRC

 

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RWANDA

Government Opens Probe into Role of France in 1994 Genocide

October 26, 2006

 

The Rwandan government established a commission to investigate the possible role played by France in aiding or perpetuating the 1994 genocide, which claimed more than 800,000 lives in just 100 days. Several survivors have alleged that French soldiers aided Hutu extremists in their massacres of Tutsi civilians by facilitating their access into “protection zones” they were guarding and that they later provided Hutu militias with escape routes into neighbouring countries. A military tribunal in France is currently investigating similar claims from six Rwandans who have filed a case accusing French troops of assisting in the massacres. The French government has pledged its full cooperation with the Rwandan commission of inquiry and staunchly denies any wrongdoing in the tragedy.

 

See, Spiegel, Rwanda Genocide: French Role in Slaughter under Investigation

BBC, France accused on Rwanda killings

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SOUTH AFRICA

Government to Compensate Displaced Tribe

October 26, 2006

 

The South African government announced it would grant limited property rights and pay $25 million in compensation to a tribe that was evicted from its ancestral lands by a state-owned diamond mining company in 1927. Members of the Nama tribe first lodged their claim to the land in 1997 but it wasn’t until 2003 that the Constitutional Court—the highest legal body in the country—ruled that the Nama community was entitled to reclaim the land and owed compensation from the state, which had profited for decades from their removal. The Nama—a tribe of approximately 4,000 descendants of a tribe originally known as the Khoi-khoi—have said that they are not interested in returning to live on the land itself but will seek ways to benefit from the mineral wealth it contains.

 

See, CNN, South Africa to return land, compensate exiled tribe

Reuters, S.Africa settles diamond land claim

 

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UGANDA

President Museveni Attends Juba Peace Talks

October 21, 2006

 

President Yoweri Museveni attended the peace talks in Juba, Southern Sudan, for the first time since they started in July. The president flew in and met with representatives of the Lord’s Resistance Army (LRA) for a meeting that lasted only five minutes and was followed by reports he had been abusive and confrontational to the delegates. The peace talks appeared to be weakened by the visit as well as by renewed violence outside the camps, where LRA rebels have been asked to congregate in Southern Sudan as part of a mass demobilization effort.

 

See, BBC, Museveni meets Ugandan LRA rebels

All Africa, Museveni's Juba Visit Angers Khartoum Govt

Voice of America, Museveni Meets Mediator And LRA Delegates In Juba

 

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UNITED STATES

University Committee Suggests Brown Atone for Ties to Slave Trade

October 18, 2006

 

The Committee on Slavery and Justice at Brown University issued a public report urging the Ivy League school to “acknowledge and take responsibility for Brown’s part in grievous crimes.” The Committee was appointed three years ago by President Ruth Simmons, herself the great-granddaughter of slaves and Brown’s first black president. Short of calling for outright reparations, the report made several recommendations for the university to publicly acknowledge its ties to slavery, which include suggestions for a memorial, a center for the study of slavery and injustice, increased efforts to provide monetary assistance to students from Africa and the Caribbean, and a revision of the school’s official history.

 

See, Amherst Times, Panel Suggests Brown U. Atone for Ties to Slavery

Times Daily, Panel Suggests Brown U. Atone for Ties to Slavery

 

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Editors: Veerle Opgenhaffen and Kasia Reterska

Contributing Editors: Marieke Wierda and Miranda Sissons

 

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The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

 

In order to promote justice, peace, and reconciliation, government officials and nongovernmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowledging violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes.

 

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