The International Center for Transitional Justice
www.ictj.org

 

Transitional Justice in the News

August 1, 2006

 

HEADLINES

 

Cambodia: Former King Questions Khmer Rouge Tribunal

Democratic Republic of the Congo (DRC): Rebels Lay Down Arms in Exchange for Amnesty Prior to           Election

Iraq: Saddam Hussein Trial Adjourned until October Verdict

Mexico: Federal Officials Close Investigation into Border Killings

Nepal: Government Body Recommends Commission to Investigate Disappearances

Russia: Human Rights Court Rules Russia Responsible for Chechen Disappearance

Rwanda: ICTR to Transfer Genocide Suspects to Rwandan Courts

Serbia: Government Presents Action Plan to Catch War Crimes Suspects

Spain: Government Approves Reparations Bill for Civil War Victims

Sudan: Sudan Asks International Criminal Court (ICC) to Stay Warrant for Kony’s Arrest

Uganda: ICC Endorses Peace Talks; Key Rebel Leaders Attend

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CAMBODIA

Former King Questions Khmer Rouge Tribunal

July 19, 2006

 

Cambodia’s former king, Norodom Sihanouk, recently expressed his disapproval of the Extraordinary Chambers in the Courts of Cambodia (ECCC). In a posting on his website, Sihanouk challenged the Court’s utility, given that most of the Khmer Rouge leadership are deceased or may die before trial proceedings begin in early 2007. The former king claimed that the ECCC’s operational expenses and staff salaries were exorbitant and that any potential benefits resulting from the Court’s work could not justify its costs. Sihanouk also criticized the display of human remains in genocide memorials throughout Cambodia and called for those remains to be cremated and given proper burial, as is Buddhist tradition. The ECCC—a UN-backed tribunal—was established to try the remaining Khmer Rouge leaders, whose brutal 1975-79 regime was responsible for the loss of 1.7 million lives.

 

See, People’s Daily Online, Cambodian retired king opposes DK tribunal, calling on saving money for poor

OhMyNews, Cambodia's former king questions necessity of Khmer Rouge tribunal

 

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DEMOCRATIC REPUBLIC OF THE CONGO (DRC)

Rebels Lay Down Arms in Exchange for Amnesty Prior to Election

July 27, 2006

 

A coalition of three rebel groups, known as the Congolese Revolutionary Movement (MRC), agreed to lay down their arms and help facilitate the free movement of people on election day on the condition that they be granted amnesty from future prosecution and eventually integrated into the Congolese army. The groups, operating in the war-ravaged eastern province of Ituri, have long terrorized the civilian population in their attempts to secure power over the region. The amnesty deal was brokered by UN Ambassador Haile Menkerios in an effort to provide safe passage to polling stations throughout the region on July 29th, when the nation held its first democratic elections in more than 40 years.

 

See, BBC News, DR Congo militias lay down arms

Independent Online, Bloody violence erupts as DRC militia disarm

 

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IRAQ

Saddam Hussein Trial Adjourned until October Verdict

July 27, 2006

Following more than nine months of testimony, the trial of Saddam Hussein and seven others for their alleged roles in the 1982 killings in the town of Dujail adjourned until October 16, 2006, when the five trial judges are expected to issue their verdict. The prosecution has asked for the death penalty for Hussein and two other defendants. The next trial against Hussein—on charges stemming from the brutal suppression of Iraqi Kurds in the 1980s (known as the “Anfal” campaign)—is due to begin August 21, 2006.

See, New York Times, Hussein Trial Adjourns until October Verdict

Guardian, Saddam Trial Adjourns After 9 Months

CBS News, Saddam trial adjourns until verdict

 

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MEXICO

Federal Officials Close Investigation into Border Killings

July 26, 2006

 

Federal officials closed the office of the special prosecutor tasked with investigating the violent murders of 14 women and teenagers in the border town of Juarez, ending their three-year investigation without providing answers to the victims’ families. The crimes under investigation represented only a few of more than 100 rape-murders of women and teenagers committed in similar fashion in Juarez since 1993. Federal officials took on the case in 2003, after allegations that state investigators were corrupt and negligent in their own investigations, and in response to widespread suspicion that local police had played an active role in the crimes. In March 2006, the Inter-American Commission on Human Rights agreed to investigate allegations—made by three of the victims’ families—that state officials had planted evidence and failed to go after the real killers.

 

See, Associated Press, Mexico Quietly Drops Border-Deaths Probe

Associated Press, Victims still seek justice in border deaths

Washington Post, Mexico closes probe of 14 border killings

 

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NEPAL

Government Body Recommends Commission to Investigate “Disappearances”

July 27, 2006

 

Nepal’s Foreign Relations and Human Rights Committee publicly called for the establishment of a government commission to investigate hundreds of cases of “enforced disappearance” allegedly committed by security forces. Citing limited resources and lack of cooperation from the military, the Committee claimed it could not undertake a thorough investigation on its own. The head of the Committee, Baman Prasad Neupane, urged Nepalese authorities to create a commission that would be comprised of parliamentarians, civil society members, and human rights activists, and mandated to investigate disappearances, identify perpetrators, and recommend punishment.

 

See, Kantipur, 602 Still Missing: Govt Report

 

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RUSSIA

Human Rights Court Rules Russia Responsible for Chechen Disappearance

July 27, 2006

 

In a landmark decision, the European Court of Human Rights ruled that Russian military forces were responsible for the disappearance and presumed death of Khadzhi-Murat Yandiev, a Chechen university student. The Court found that Russian authorities failed to abide by the European Convention on Human Rights by unlawfully detaining the young man during a takeover of a Chechen village by Russian troops in 2000 and by subsequently failing to investigate the incident. Yandiev’s mother was awarded more than $40,000 for damages and legal fees. It was the Court’s first ruling on disappearances resulting from the Chechen conflict. There are currently more than 200 similar cases pending review by the Court.  

 

See, Reuters, Chechen mothers want answers about the "disappeared," not money             

The Australian, Russia Condemned in Chechen Case

International Herald Tribune, European court blames Russia for missing Chechen

Mosnews, European Court Orders Russia to Compensate Chechen Mother for Loss of Son

 

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RWANDA

ICTR to Transfer Genocide Suspects to Rwandan Courts

July 27, 2006

 

One of the top prosecutors at the International Criminal Court for Rwanda (ICTR), Hassan Jallow, declared that an agreement has been made to transfer the cases of several suspected genocide perpetrators to Rwanda’s domestic legal system in early 2007. The announcement followed years of speculation over where remaining genocide suspects would face trial once the Tribunal nears the completion of its mandate in 2008. The decision to transfer to Rwanda results in part from the country’s recent abolition of the death penalty and from recent signs that its domestic legal system has improved its capacity to handle a higher volume of serious crimes. Norway is the only other country that has expressed a willingness to take on cases from the ICTR in the near future.

 

See, Angola Press, ICTR upbeat over transfer of genocide suspects

 

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SERBIA

Government Presents Action Plan to Catch War Crimes Suspects

July 17, 2006

 

Serbia’s Prime Minister Vojislav Kostunica presented the European Union (EU) with an action plan to fulfill the obligations of the International Criminal Tribunal for the former Yugoslavia (ICTY) in an effort to resume EU integration talks. EU representatives welcomed Kostunica’s new commitment to arrest Ratko Mladic, the former Bosnian Serb commander who has been evading authorities since he was indicted in 1995 on charges of genocide, crimes against humanity, and war crimes. Kostunica’s initial action plan, presented to the EU on July 17, 2006, is expected to be followed by a "detailed operational plan." 

 

See, BBC News, EU welcomes Mladic hunt plan

Voice of America, EU Welcomes Serbian Plan to Arrest Mladic

MSN, Serbians propose 'Mladic plan' in plea to EU

 

For more detailed weekly updates on the ICTY, please see Tribunal Update by the Institute for War and Peace Reporting, the U.N. Public Information Services' ICTY Weekly Update, and the International Center for Transitional Justice/Bard College's audio/video archive of the Milosevic trial.

 

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SPAIN

Government Approves Reparations Bill for Civil War Victims

July 29, 2006

 

The Spanish government has drafted a “Historical Memory Law” that will benefit victims of the Spanish civil war and General Francisco Franco’s dictatorial regime. In addition to offering compensation to victims and their families, the bill will urge government authorities to help victims’ families by exhuming and identifying those still buried in mass graves. It will also restrict references to the Franco regime in public buildings and will require public places currently named after that period to be renamed. The bill is expected to gain majority approval in the Spanish Parliament once it is presented for review. Once approved by Parliament and published, victims will have one year to file claims for monetary reparations. 

 

See, JURIST, Spain government presents bill to compensate Franco victims

CNN, Spain approves reparations bill

El Pais (Spanish), Un consejo elegido por el Congreso rehabilitará a las víctimas de la Guerra Civil y el franquismo

 

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SUDAN

Sudan Asks International Criminal Court (ICC) to Stay Warrant for Kony’s Arrest

July 27, 2006

 

The Sudanese government requested that the ICC issue a stay of its arrest warrant for Joseph Kony, leader of Uganda’s rebel group, the Lord’s Resistance Army (LRA). The Sudanese ambassador to Uganda said that a stay would help facilitate peace talks in Juba, the capital of autonomous South Sudan. The ICC has issued five indictments against top LRA leaders for war crimes committed in Northern Uganda. Earlier in July, Ugandan President Yoweri Museveni promised to grant amnesty to Kony and fellow LRA leaders if peace talks in Juba proved successful.

 

See, Independent, Sudan asks court to intervene

 

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UGANDA

ICC Endorses Peace Talks; Key Rebel Leaders Attend

July 31, 2006

A member of the delegation negotiating a peace deal with the Lord’s Resistance Army (LRA) announced at a press conference in Kampala that the ICC had endorsed the Ugandan government’s decision to talk with rebels, as long as impunity is not allowed to prevail in the war-torn north. Two of the LRA’s top leaders, Vincent Otti and Joseph Kony, called for a cease-fire after they met with select delegates from the peace talks in secret locations in the DRC, following weeks of refusal to attend, fearing arrest. Uganda’s President, Yoweri Museveni, issued a “final warning” to Kony and his top commanders to come out of hiding and make public apologies for their “crimes against humanity” or face imminent arrest and transfer to the ICC. LRA leaders have demanded that they be granted amnesty from prosecution and may seek integration into the Ugandan army.

 

See, Associated Press, Rebels, Uganda officials hold peace talks

Sudan Tribune, Key rebel leader attends Uganda peace talks

People’s Daily Online, International Criminal Court endorses Ugandan peace talks

 

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ADVISORY: The ICTJ New York Office Has Relocated

 

As of June 12, 2006, the new mailing address and main telephone number of the ICTJ New York office are: 

5 Hanover Square, 24th Floor
New York, NY 10004
Phone: + 1.917.637.3800

Our email addresses remain the same.

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Editors: Veerle Opgenhaffen and Kasia Reterska

Contributing Editors: Marieke Wierda and Miranda Sissons

 

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.

 

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.

 

The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so. By working in the field through local languages, the ICTJ provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others.

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International Center for Transitional Justice
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