The International Center for Transitional Justice
www.ictj.org

 

Transitional Justice in the News

December 15, 2006

 

HEADLINES

Afghanistan: Ambitious “Action Plan for Justice” Launched

Chile: Former Dictator Pinochet Dies

Ethiopia: Former President Mengistu Convicted of Genocide

Indonesia: Constitutional Court Strikes Down Flawed TRC Law

Israel: Court Overturns Controversial Intifada Law

Lebanon: Cabinet and President Clash over Hariri Tribunal

Liberia: TRC Denies Reports about Stalled Activities; Charles Taylor’s Son Indicted for War Crimes in the United States

The Netherlands: Seselj Ends Hunger Strike

Rwanda: First ICTR Prisoner Released after Serving Genocide Term; Catholic Priest found Guilty of Genocide

Spain: Parliament Considers Reparations Bill

Uganda: Government Pushes Forward ICC Bill to Facilitate LRA Arrests

 

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AFGHANISTAN

Ambitious “Action Plan for Justice” Launched

December 12, 2006

 

President Hamid Karzai announced the launch of his three-year "Action Plan on Peace, Reconciliation and Justice in Afghanistan." The strategic plan—which lays out a comprehensive transitional justice strategy to be completed by 2009—is premised around five key elements: formal acknowledgment of the suffering of the Afghan people; strengthening of state institutions; establishing the truth about the country's bloody past; promoting national reconciliation; and establishing a proper justice and accountability mechanism. Since 1979, an estimated 1.5 million Afghans have died and 5 million have become refugees, due to a series of foreign invasions and a protracted civil war.

 

See, Reuters, Action plan for justice launched

Reuters, Justice for War Criminals Essential to Peace

People’s Daily Online, Afghan president launches action plan on peace, justice

 

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CHILE

Former Dictator Pinochet Dies

December 10, 2006

 

Former Chilean dictator Augusto Pinochet died of a heart attack following a recent decline in health. The nonagenarian had been placed under house arrest just weeks before his death, as a result of an investigation into his role in two murders that took place in the early days of his regime. Pinochet was accused of commanding his secret police in the killing of hundreds of supporters of the previous regime as well the torture and murder of several thousand dissidents. Though he was stripped of his presidential immunity in 2000, Pinochet had not stood trial for his past crimes. During his 91st birthday celebration in November, he made a public statement accepting full political responsibility for what had happened under his regime.

 

See, Reuters, Chile’s Pinochet Dies at 91: doctor

BBC, Pinochet was ‘evil’, says victim

 

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ETHIOPIA

Former President Mengistu Convicted of Genocide

December 12, 2006

 

An Ethiopian court has found ex-dictator Mengistu Haile Miriam guilty of genocide for crimes committed during his rule, which lasted from 1974 to 1991. The former president, who lives in exile in Zimbabwe, was tried in absentia in a case that dragged on for more than 12 years. The trial focused on the killings of nearly 2,000 people by Mengistu's forces in 1978-79, during an aggressive campaign to purge the nation of its intellectuals and opponents of the Marxist regime. Since the 1991 overthrow, the Ethiopian courts have convicted 1,018 people for atrocities committed under Mengistu’s rule. Another 6,426 are in custody still awaiting trial and more than 3,000 suspects are at large or living in exile.

 

See, CNN, Ex-Ethiopian dictator convicted of genocide

BBC, Mengistu found guilty of genocide

 

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INDONESIA

Constitutional Court Strikes Down Flawed TRC law

December 7, 2006

 

Following months of deliberation, Indonesia’s Constitutional Court declared the law establishing a truth and reconciliation commission (TRC) illegal. Human rights groups and victims’ organizations had formally challenged the law’s constitutionality on the basis that two of its key clauses—one which would have granted blanket amnesty and another which would have made reparations conditional upon “forgiveness”—violated Indonesia’s international and domestic legal obligations. Rather than amend the law, the Court decided to scrap it in its entirety, reopening the question of what method or methods, if any, the nation will employ to address its long legacy of impunity.

 

See, AP, Indonesia Truth Commission Ruled Illegal

Voice of America, Indonesian Court Voids Key Human Rights Law

IHT, Indonesian court rules truth commission illegal, casts doubt on justice for Suharto abuses

 

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ISRAEL

Supreme Court Overturns Controversial Intifada Law

December 13, 2006

 

Israel’s Supreme Court overturned the controversial 2005 Intifada Law, which had banned Palestinians from filing compensation claims for any property destroyed or taken by Israeli security forces. In his final judgment, Chief Justice Aharon Barak ruled that the law was unconstitutional because it violated the basic rights to life, dignity, and property. The unanimous decision paves the way for Palestinians harmed in "nonbelligerent" army operations in the West Bank or Gaza to seek redress for damages, but leaves intact a provision that bars compensation to Palestinians harmed in combat operations.

 

See, Reuters, Court overturns Israel's intifada law

Israel Insider, Judicial Tsunami: High Court strikes law against "intifada suits"

IHT, Israeli court clears way for Palestinians to seek redress

 

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LEBANON

Cabinet and President Clash over Hariri Tribunal

December 12, 2006

 

Amid political controversy, and following several pivotal resignations, the Lebanese Cabinet submitted a draft law to Parliament unanimously calling for the establishment of a Special International Tribunal for Lebanon. President Emile Lahoud has so far refused to approve the draft but, according to the Lebanese constitution, a head of state signature is not required for final passage into law. If passed, the law would be submitted to the UN Security Council, who could then establish the Tribunal under its auspices to investigate the events around the March 2005 murder of former Prime Minister Rafik Hariri. A UN probe into the murder has so far yielded a list of 14 key suspects who will be called to trial should the Tribunal proceed.

 

See, AFP, Cabinet Sends International Tribunal Text to Parliament

Daily Star, Lahoud refuses to endorse Hariri tribunal, calls government illegal

Naharnet, Suspects Identified in U.N. Probe into Hariri Assassination

 

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LIBERIA

Charles Taylor’s Son Indicted for War Crimes in the United States

December 7, 2006

 

Charles McArthur Emmanuel—better known as “Chuckie” Taylor, the son of former Liberian president and notorious warlord Charles Taylor—was sentenced by a US district court in Florida to 11 months for passport fraud. Chuckie was arrested in March of this year for not listing the correct name for his father when applying for a passport renewal. While in detention for passport fraud, charges were filed against Chuckie for committing atrocities under his father’s rule, as head of Liberia’s anti-terrorism unit. He is the first US citizen to be charged using a 1994 law which makes it a crime for citizens to commit torture or war crimes abroad.

 

See, AP, Taylor son pleads not guilty to torture, gets 11 months on fraud

US Newswire, Amnesty International USA Statement on Indictment of Charles 'Chuckie' Taylor Jr.

Miami Herald, Son of ex-Liberian president indicted in Miami on torture charges

Reuters, Victims recount torture by Taylor's son

 

LIBERIA

TRC Denies Reports of Stalled Activities

December 1, 2006

The Liberian Truth and Reconciliation Commission (TRC) has denied the rumors about the suspension of its operations, following a string of conflicting media reports in November. According to a December 1st press release issued by the Commission, the TRC is currently reviewing those statements already collected by its statement takers in the field, in advance of launching the Commission’s testimony and hearings phase, slated to begin in early 2007. The TRC was formally launched in June 2006 and has a two-year mandate to complete its truth-seeking work.

See, TRC Website, Truth & Reconciliation Commission Press Release

All Africa, TRC Holds Nationwide Zonal Workshops

 

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THE NETHERLANDS

Seselj Ends Hunger Strike

December 8, 2006

 

Former Serbian Radical Party leader and nationalist, Vojislav Seselj, has ended a month-long hunger strike while awaiting trial on charges that he committed crimes against humanity during the Croatian and Bosnian wars in the early 1990s. Seselj, who has remained an active leader in his party from behind bars, began his hunger strike to demand the Court’s permission to defend himself during trial at the International Criminal Tribunal for the Former Yugoslavia (ICTY) and to press for unrestricted spousal visits while he is in detention. He ended the strike when the Court restored his right to self-defense.

 

See, CNN, Serb suspect ends hunger strike

UPI, Serb Seselj taking food in detention cell

 

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RWANDA

First Prisoner Released after Serving Genocide Term

December 6, 2006

On December 6th, the International Criminal Tribunal for Rwanda (ICTR) released its first prisoner to have served a prison sentence since the Tribunal started its work in 1996. Elizaphan Ntakirutimana, an 82-year-old former Adventist pastor, was sentenced to ten years in prison in 2003, after being found guilty of assisting in the 1994 genocide in Rwanda. Though the Tribunal has released other prisoners on acquittal or dismissed charges, this marks the first time that a prisoner is released after serving a sentence, a fact which poses logistical problems to the Tribunal, given that it lacks a well-defined relocation strategy for released prisoners and does not know where to send the man. To date, the ICTR has convicted 26 people and acquitted five, but many more are still awaiting trial.

See, All Africa, One verdict, one prisoner to be released

People’s Daily Online, ICTR frees first Rwanda genocide convict

Jurist, Rwanda genocide convict released after serving ICTR sentence

 

ICTR Finds Catholic Priest Guilty of Genocide

December 14, 2006

 

A former Catholic priest, Athanase Seromba, was sentenced by the ICTR to 15 years in prison for his role in the 1994 Rwandan genocide. He was found guilty of crimes against humanity for luring approximately 2,000 displaced Tutsis into his church for “refuge” and then ordering armed Hutu forces to set the building on fire and bulldoze, killing everyone inside. Seromba is the first Catholic priest to be sentenced by the Tribunal, though several lower-ranked members of the clergy have already been found guilty.

 

See, Reuters, Rwandan priest guilty of genocide

AP, Rwandan priest guilty in genocide

 

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SPAIN

Parliament Considers Reparations Bill

December 14, 2006

A reparations bill known as the “Historic Memory Law” is being debated in Spanish Parliament. If approved, it promises to provide financial compensation to victims of the 1936-39 Civil War and of Franco’s 1939-75 dictatorship. The proposed law would give victims a year to apply for reparations from an ad hoc commission that was created to draw up the bill, with a total of $26.4 million available for disbursement. It would also ban symbols and references to the Franco regime in public buildings; require local and regional governments to rename streets and plazas named after Franco or which refer to his regime; and prohibit any political events at the Valley of the Fallen, a large monument near Madrid that includes Franco's tomb and remains the most potent symbol of his regime.

See, IHT, Spain debates law on reparations for victims of Civil War and Franco dictatorship

BBC, Spain debates Franco reparations

Guardian, Spain Debates Victims' Reparations Law

 

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UGANDA

LRA Appoints Technical Advisor for Juba Talks

December 7, 2006

 

The Ugandan rebel group the Lord's Resistance Army (LRA)—which has led a 20-year insurgency that has killed tens of thousands of people and internally displaced 1.7 million—has appointed a new member to its peace negotiation team. Dr. James Obita, a Ugandan member of the group, will serve as the technical advisor for the ongoing talks in the southern Sudanese town of Juba. In related news, the LRA has welcomed the UN Secretary General Kofi Annan’s appointment of former President of Mozambique Joachim Chisano as the UN envoy for northern Uganda.   

 

See, All Africa, LRA Appoint New Member to Juba Team

 

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Editors: Veerle Opgenhaffen and Kasia Reterska

 

This semimonthly newsletter summarizes major news events in the field of transitional justice. To unsubscribe, please e-mail unsubscribe@ictj.org. To subscribe, please send an e-mail request to communications@ictj.org.


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.

 

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