Syria drone strikes: ‘Pre-authorized targeted killings’ face legal challenge
RT | September 24, 2015
Legal action will be brought against Prime Minister David Cameron after he revealed an RAF drone was used to kill two British militants fighting for Islamic State (IS, formerly ISIS/ISIL) in Syria. The attack went ahead despite parliament voting against strikes in 2013.
The Prime Minister disclosed the nature of the strikes in September, claiming they had been carried out as an “act of self-defense” and that he had sought parliament’s permission to kill the militants.
Reyaad Khan and Rahul Amin both died, along with another jihadist, who was not of British origin.
Now Green Party MP Caroline Lucas and Baroness Jones are working with human rights charity Reprieve to make the first steps toward a judicial review.
A pre-action letter to the Attorney General and the Defense Secretary states the government failed to publish its “targeted killing policy” which is in breach of international law.
“The Raqqa strike, and the intention of the government to pre-authorize targeted killings in the future in countries where the UK is not at war, is of concern to the claimants and many others,” they wrote.
“The concern is heightened by the lack of clarity about the circumstances in which the government reserves the right to kill British citizens outside of an armed conflict.”
The letter claims the way the government rationalized the attack has raised further questions about the legality of its military operations overseas.
It says the government claims the attack was justified due to “potential,” “direct,” “likely” or “imminent” threats to the UK.
“Such a lack of clarity as to the test which is being applied by the government in deciding whether to pre-authorize the targeted killing of British nationals or individuals overseas raises real and serious concerns over the lawfulness of the government’s past and expected resort to the use of lethal force,” it says.
“It is unclear what, if any, policies, procedures and/or safeguards are in place to ensure that this ‘new departure’ is only exercised in accordance with domestic and international law.”
The UK is currently taking part in US-led coalition airstrikes in Iraq against IS, but not in Syria.
However, the killing of Khan was justified, Cameron said, because he had been plotting “barbaric” attacks in Britain.
Cameron is expected to stage a second vote in the House of Commons to approve further action in the country, but will not do so until he is sure of victory after his embarrassing 2013 defeat.
UN Farce: Saudi Arabia to Head Human Rights Council
By Felicity Arbuthnot | Dissident Voice | September 23, 2015
All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action.
— Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human Rights Council Session.
Article 55 of United Nations Charter includes:
Universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
In diametrical opposition to these fine founding aspirations, the UN has appointed Saudi Arabia’s envoy to the United Nations Human Rights Council to head (or should that be “behead”) an influential human rights panel. The appointment was seemingly made in June, but only came to light on September 17th, due to documents obtained by UN Watch.
… Mr Faisal Bin Hassan Trad, Saudi Arabia’s Ambassador at the UN in Geneva, was elected as Chair of a panel of independent experts on the UN Human Rights Council.
As head of a five-strong group of diplomats, the influential role would give Mr Trad the power to select applicants from around the world for scores of expert roles in countries where the UN has a mandate on human rights.
Such experts are often described as the “crown jewels” of the HRC, according to UN Watch.
The “crown jewels” have been handed to a country with one of the worst human rights records in the world. Saudi Arabia will head a Consultative Group of five Ambassadors empowered to select applicants globally for more than seventy-seven positions to deal with human rights violations and mandates.
In a spectacular new low for even a UN whose former Secretary General, Kofi Annan, took eighteen months to admit publicly that the 2003 invasion of, bombardment and near destruction of, Iraq was illegal, UN Watch points out that the UN has chosen “a country that has beheaded more people this year than ISIS to be head of a key Human Rights panel …”
In May, just prior to the appointment, the Saudi government advertised for eight extra executioners to “… carry out an increasing number of death sentences, which are usually beheadings, carried out in public”.
Seemingly “no special qualifications are needed.” The main function would be executing, but job description “also involves performing amputations …”
The advert was posted on the website of the Kingdom of Saudi Arabia Ministry of the Civil Service.
By June 15th this year executions reached 100, “far exceeding last year’s tally and putting (the country) on course for a new record” according to The Independent (June 15.) The paper adds that the Kingdom is set to beat its own grisly, primitive record of 192 executions in 1995.
The paper notes that “…the rise in executions can be directly linked to the new King Salman and his recently-appointed inner circle …”
In August 2014, Human Rights Watch reported nineteen executions in seventeen days – including one for “sorcery.” Adultery and apostasy can also be punished by death.
In a supreme irony, on the death of King Salman’s head-chopping predecessor, Salman’s half bother King Abdullah, in January (still current decapitation record holder) UK Prime Minister David Cameron ordered flags flown at half mast, including at the Houses of Parliament and Westminster Abbey, leading one MP to question: “On the day that flags at Whitehall are flying at half-mast for King Abdullah, how many public executions will there be?”
Cameron apparently had not read his own Foreign and Commonwealth Office Report citing Saudi as “a country of concern.”
Reacting to a swathe of criticism, a spokesperson for Westminster Abbey responded:
For us not to fly at half-mast would be to make a noticeably aggressive comment on the death of the King of a country to which the UK is allied in the fight against Islamic terrorism.
The Abbey’s representative appears to have been either breathtakingly ignorant or stunningly uninformed. In December 2009 in a US Embassy cable the then US Secretary of State, Hillary Clinton, wrote that:
While the Kingdom of Saudi Arabia (KSA) takes seriously the threat of terrorism within Saudi Arabia, it has been an ongoing challenge to persuade Saudi officials to treat terrorist financing emanating from Saudi Arabia as a strategic priority.
Moreover:
… donors in Saudi Arabia constitute the most significant source of funding to Sunni terrorist groups worldwide … engagement is needed to … encourage the Saudi government to take more steps to stem the flow of funds from Saudi Arabia-based sources to terrorists and extremists worldwide.
At home women are forbidden “from obtaining a passport, marrying, traveling, accessing higher education without the approval of a male guardian.” (HRW Report, 2014.) Saudi is also, of course, the only country in the world where women are forbidden to drive.
The country is currently preparing to behead twenty-one year old Ali Mohammed al-Nimr. He was arrested aged seventeen for participating in anti-government protests and possessing firearms — the latter charge has been consistently denied. Human rights groups are appalled at the sentence and the flimsy case against him, but pointing out that neither “factors are unusual in today’s Saudi Arabia.”
Following the beheading, al-Nimr’s headless body will be allegedly mounted “on to a crucifix for public viewing.”
What was that mantra issued unceasingly from US and UK government Departments in justification for blitzkriegs, invasions and slaughters in countries who “kill their own people”?
Numerous reports cite torture as being widespread, despite Saudi having subscribed to the UN Convention Against Torture.
There are protests at Saudi embassies across the world highlighting the case of blogger Raif Badawi, sentenced to a thousand lashes – fifty lashes a week after Friday prayers – and ten years in prison for blogging about free speech.
Since March, Saudi Arabia has been bombing Yemen — with no UN mandate — destroying schools, hospitals, homes, a hotel, public buildings, an Internally Displaced Persons camp, historical jewels, generating “a trail of civilian death and destruction” which may have amounted to war crimes, according to Amnesty International. “Unlawful airstrikes” have failed to distinguish between military targets and civilian objects. “Nowhere safe for civilians”, states Amnesty.
Further, the conflict … has killed close to 4,000 people, half of them civilians including hundreds of children, and displaced over one million since 25 March 2015. There has been:
… a flagrant disregard for civilian lives and fundamental principles of international humanitarian law (killing and injuring) hundreds of civilians not involved in the conflict, many of them children and women, in unlawful (disproportionate and indiscriminate) ground and air attacks.
It is alleged that US-supplied cluster bombs have also been used. One hundred and seventeen States have joined the Convention to ban these lethal, indiscriminate munitions since December 2008. Saudi Arabia, of course, is not amongst them.
Saudi was also one of the countries which bombed Iraq in 2003, an action now widely accepted as illegal. It is perhaps indicative of their closeness to the US that the bombardment of Yemen is mirror-named from the Pentagon’s Silly Titles for Killing People lexicon: “Operation Decisive Storm.” Iraq 1991 was, of course, “Operation Desert Storm”.
Saudi is also ranked 164th out of 180 countries in the 2015 Reporters Without Borders press freedom index. All in all, Saudi leading the Human Rights Council at the UN is straight out of another of George Orwell’s most nightmarish political fantasies.
Oh, and, of course, we are told that nineteen of the hijackers of the ‘plane that hit the World Trade Centre were Saudis – for which swathes of Afghanistan and region, Middle East and North Africa are still paying the bloodiest, genocidal price for the “War on Terror”– whilst Saudi’s representatives stroll into the sunlight of the UN Human Rights body.
On the UN Human Right’s Council’s website is stated:
The Office of the United Nations High Commissioner for Human Rights (OHCHR) represents the world’s commitment to universal ideals of human dignity. We have a unique mandate from the international community to promote and protect all human rights.
Way to go, folks!
Parents of Saudi juvenile set for ‘crucifixion’ plead for mercy, amid UK and US silence
Reprieve | September 24, 2015
The family of a juvenile sentenced to ‘crucifixion’ in Saudi Arabia have appealed to the Saudi authorities to spare him, as pressure mounts on the US and the UK to intervene.
Speaking to AFP, Mohamed al-Nimr said he hoped the King would save his son, student Ali al-Nimr, who was 17 when he was arrested in 2012 in the wake of protests in the Eastern Province. Ali was tortured into signing a false ‘confession’, which was then used to convict him, and it emerged last week that the unusually harsh sentence had recently been upheld without Ali’s knowledge. With legal avenues now exhausted, Ali could be executed at any moment, with no prior notification of his family. Mr al-Nimr said “we hope that the king will not sign” the execution order for his son.
The appeal comes as the UK and the US – strong allies of the Saudi government – faced questions on their failure to speak out about the case. Questioned yesterday by AP, US State Department spokesman Mark C Toner refused to say he’d welcome a commutation of the sentence, saying that he was “not aware of the case.”
The UK government has so far limited itself to a brief statement last week that “We continue to raise our human rights concerns with the Saudi authorities, including their use of the death penalty.” The Ministry of Justice has also faced criticism after it indicated that it would continue with an ongoing bid to provide prison services to the Saudi government.
In contrast, the French government yesterday joined UN experts in calling for the death sentence to be commuted, because Ali was a juvenile at the time of his arrest. The French Foreign Ministry said it was “concerned by the situation of Ali Mohammed al-Nimr, who was sentenced to death even though he was a minor at the time of the events […] We call for the execution to be called off.” The group of independent United Nations human rights experts on Tuesday asked the Saudi authorities “to immediately halt the scheduled execution”, and to ensure a “fair retrial” of Ali.
Commenting, Maya Foa, director of Reprieve’s death penalty team, said: “Saudi Arabia’s plans to behead and crucify Ali al-Nimr, a juvenile, for attending a protest are an outrage – the French government and UN experts are right to be calling for it to be cancelled. It’s deeply troubling that the UK and the US – both close allies of the Saudi government – are staying silent. The international community must stand firm against this utterly unjustified sentence, and call on the Saudi authorities to change course.”
UN Special Rapporteur On Torture Issues Sharply Critical Report On Ukraine
Introduction by New Cold War, September 21, 2015
Enclosed is the full report dated September 18, 2015 of Christof Heyns, who is the United Nations’ Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. His report is titled Ukraine: Lives lost in an accountability vacuum.
Christof Heyns, Special UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Heyns conducted an official visit to Ukraine from September 8 to 18, 2015. He is a professor of human rights law in Pretoria, South Africa. In contrast to the most recent report of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU), released in early September, Heynes’ report provides the outline of a comprehensive overview of the human rights situation in Ukraine. The result is a rather damning portrait of the governing regime in Kyiv.
The HRMMU report earlier this month is a litany of ‘he said, she said’ anecdotal testimonials strung together in such a way as to leave the reader with the impression that human rights crimes are being perpetrated equally by both sides in the civil war in Ukraine. While Heyns borrows some of the same language, a reading of his report clearly shows that it is the Kyiv regime alone which is guilty of systematic and widespread human rights violations. The accusations cited by Heyns against the rebel regions of Donetsk and Lugansk may or may not be true, but they pale in numbers and scope compared to what Heyns documents on the Kyiv side.
Heyns says that the official investigations by Kyiv into the two large massacres which took place in Ukraine in 2014 are seriously failing. These are the investigations into the Sniper Massacres of Feb 18-20 at Maidan Square in Kyiv, which killed more than 100 police and protesters, and the arson attack in Odessa on May 2 in which at least 48 people perished.
Concerning the Snipers Massacre, there is no mention by Heyns of the video and other evidence being compiled and released by University of Ottawa researcher Ivan Katchanovski and others showing that sniper fire at Maidan Square was directed by extreme-right forces masquerading as part of the Maidan protest itself. But he does make a one-word reference acknowledging doubts about the official government line on events–that the Berkut police of the government overthrown several days later were responsible. That official line has been repeated near universally by Western governments and mainstream media. Heyns writes in his report, “I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed.” The operative word here is “allegedly”.
Officials in the people’s republics of Donetsk and Lugansk did not meet with Heyns during his official visit. This is no doubt due to the biased record of the Office of the UN High Commissioner for Human Rights with which his office is associated. Concerning the Ukrainian side, Heyns concludes, “Many officials whom I met—particularly in the SBU [Security Service of Ukraine]—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.”
Ukraine: Lives lost in an accountability vacuum
End of visit statement of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns
Kyiv, Ukraine, 18 September 2015
- Introduction
- I have conducted an official country visit to Ukraine from 8-18 September 2015. I would like to thank the Government for extending the invitation to me to visit the country, as well as for the open and cooperative approach of the officials I met. I would also like to thank the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU) for the invaluable support received in the preparations and conduct of my visit.
- The aim of the visit was to examine the level of protection of the right to life in Ukraine, as well as the efforts undertaken to prevent unlawful killings and ensure accountability justice and redress in such cases.
- During my visit, I had the opportunity to hold meetings here in Kyiv, as well as to travel to Zaporizhzhia, Mariupol, Donetsk, Kramatorsk, Kharkiv and Odessa.
- During the past two weeks I have held meetings with the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Defence, the Ministry of Internal Affairs, the Office of the Military Prosecutor, the Security Service of Ukraine, the Headquarters of the Anti-Terrorism Operation, the National Security and Defence Council, the High Specialised Court on Civil and Criminal Cases, the Parliamentary Committee on Human Rights, and the Parliamentary Commissioner for Human Rights (Ombudsperson) including her National Preventive Mechanism (NPM). I met with regional administrations, and some regional departments or specialized units of relevant Ministries. I also met with the OSCE Special Monitoring Mission to Ukraine, the General Consulate of the Russian Federation in Odessa, and with other international and national monitors or non-governmental organisations, civil society, and families of victims.
- I also had the opportunity to cross the so-called “contact line” and travel to Donetsk, where I met with representatives of various monitoring missions, with representatives of the ‘Office of the commissioner for human rights’ (‘ombudsperson’) of the self-proclaimed ‘Donetsk people’s republic’ and with representatives of the ‘bar association’. I regret that, despite significant efforts on the part of the HRMMU to arrange meetings, no other officials of the self-proclaimed ‘Donetsk people’s republic’ would meet with me. I share HRMMU’s concern for the lack of accountability for the “grave human rights violations and abuses” that have reportedly taken place there since the beginning of the conflict, as I observed no progress in this regard during my stay. I was also able to visit some of the outskirts of the city of Donetsk, including the area surrounding the airport, and to see with my own eyes some of the extensive damage that has been caused, particularly to civilian infrastructure and domiciles, by heavy shelling.
- The armed violence that has been taking place in the eastern Donbas region of Ukraine since April of last year has taken a heavy toll on civilians and caused significant internal displacement. Like all other international observers I naturally welcome the renewed ceasefire commitment announced in late August and the fact that this has largely been observed since 1 September.
- I regret that I was unable to visit the Autonomous Republic of Crimea. I am aware of several allegations of serious violations of human rights in that territory, and I want to reiterate that in order to ensure the greater protection of all human rights, including the right to life, this area should be made accessible to international missions such as HRMMU. When I met with the consulate of the Russian Federation in Odessa I took the opportunity to underscore the need for such visits to take place.
- A detailed report on my findings and recommendations will be presented at the 32nd session of the United Nations Human Rights Council next year. The observations and recommendations presented today are preliminary and will be examined and developed further in the future report.
- Legal Framework
- The right to life is protected in Article 27 of the Constitution of Ukraine. Ukraine is a state party both to the International Covenant on Civil and Political Rights (ICCPR) and to the European Convention on Human Rights and Fundamental Freedoms (ECHR) which (in Articles 6 and 2 respectively) both protect the inalienable right to life. The ultimate responsibility for the protection of right to life in any country lies with its Government.
- Ukraine has many of the building blocks in place to secure the protection of human rights, including the right to life. At the same time the country is facing significant challenges: challenges which if not met in a comprehensive and incisive way threatens to place this goal out of reach.
- To a large extent the normative framework has been established: the laws are there, the treaties ratified. The problem lies with establishing a systematic and effective system and a culture of accountability for violations of those norms.
- In response to the violence in the East, the Government launched what it refers to as an “anti-terrorist operation” aimed at retaking control of the two regions. However, regardless of classification as anti-terrorism operation, the objective criteria of an armed conflict exist. Indeed, many of those officials I have spoken to have referred to the existence of a “war” in the eastern regions, and nobody in the Government disputes the fact that there is an armed conflict. There seem to be general consensus that both international humanitarian law and human rights law applies.
- Nonetheless, the framing of the conflict as an anti-terrorism operation has led to considerable confusion, both among observers and monitors and in some cases it seems among the participants themselves, about who within the Government is in control of this war? This may lead to uncertainty about responsibility.
- In addition, in June 2015 the Government of Ukraine informed the relevant institutions that it would derogate from certain State obligations under the ICCPR and the ECHR. The derogation is envisaged with respect to the right to liberty and security, fair trial, effective remedy, respect for private and family life and freedom of movement, and should be applied in certain districts of the Donetsk and Luhansk regions. The derogation thus includes certain rights (including effective remedy and procedural rights such as the supervision by judicial bodies of the lawfulness of detention) that the UN Human Rights Committee has interpreted as non-derogable. With respect to my mandate, I am particularly concerned that these elements of the derogation may create an environment in places of detention that may facilitate incommunicado or secret detention, torture, ill-treatment, executions and disappearances.
- I note that among the package of measures agreed in the Minsk Agreements is a proposal that there be a general amnesty by way of legislation forbidding prosecution or punishment of persons in relation to events that have taken place in the eastern Donbas region. While supportive of measures aimed at de-escalating tensions, I am concerned that such legislation could amount to fostering impunity for grave violations of human rights by all parties. Any amnesty devised should be interpreted in such a way as not to include immunity for at least international crimes, such as war crimes and crimes against humanity.
- Ukraine has committed to accepting the jurisdiction of the International Criminal Court, and signed the Rome Statute in 2000, but a technical constitutional impediment has delayed ratification. I understand that this impediment will be overcome in the proposed reform of the constitution, but in the meantime I welcome the fact that on 8 September the Government sent a declaration to the ICC Office of the Prosecutor under Article 12(3) of the Rome Statute, giving to the Court ad hoc jurisdiction “for the purpose of identifying, prosecuting and judging the perpetrators and accomplices of acts committed in the territory of Ukraine since 20 February 2014.” The Prosecutor of the ICC has confirmed that she will open a “preliminary examination” in order to establish whether the criteria for opening an investigation are met.
III. Securing the right to life in wider Ukraine
- In the context of assemblies
- A State’s conduct with respect to assemblies should flow from its responsibility to facilitate and to enable peaceful assemblies. It should be underlined that the right to life continues to apply during any assembly (whether peaceful or not) and that therefore there is no such thing as an unprotected assembly. There was agreement among those officials with whom I met that the principal role for the police within the context of assemblies was that of protecting citizens. In this connection it was pointed out that only in rare circumstances would police be sent carrying firearms to manage an assembly.
- I want briefly to elaborate on two examples where it appears that the State failed in its responsibilities with respect to large-scale assemblies, both emblematic cases within the current situation in Ukraine:
(i) Maidan Protest
- With respect to the use of force against protesters in the Maidan protest, most significantly between 18-20 February 2014, I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed. As with any use of lethal force by police officers it is vital that there be a prompt, thorough, and impartial investigation into the events to establish that the use of force was both necessary and proportionate.
- In this connection, I am greatly concerned by the apparent shortcomings of the investigation into these events. While what process there is seems to be progressing very slowly, having reached court-level proceedings now in a very limited number of cases, there are more systemic failings. The escape of a principal suspect from house arrest, as well as the loss of a great deal of vital physical evidence are both issues that should themselves be independently investigated.
(ii) Events of 2 May in Odessa
- I have also had the opportunity to hear more about the events of 2 May 2014 in Odessa, where at least 48 people died as a result of clashes between rallies of opposing political opinion to which authorities appear to have reacted in an either deliberate, ill-prepared or negligent fashion. According to the accounts I received from people who were on the scene, the police held a low profile as the crisis was evolving and did not intervene to prevent or stop the violence at the Kulykove Pole square. The fire brigade, which is located very close to the Trade Unions building where many protestors burned to death, failed to respond for 45 minutes to urgent calls that they received. While both pro-unity and pro-federalism groups played a part in the escalation of violence on that day, the subsequent criminal prosecutions for hooliganism or public disorder appear to have been initiated against participants in a partial fashion.
- I am concerned by allegations of numerous failings in the official investigation into the events of that day. By allowing almost immediate access of the scene to ‘pro-unity’ protesters, members of the public or to municipal authorities, investigators lost a large proportion of potentially valuable forensic evidence. Meanwhile I am worried by indications that the Government has significantly reduced the size of the team investigating these events in the past year, before it has had an opportunity to report. The slow progress of the investigation and the lack of transparency with which it is being conducted have contributed to a great deal of public dissatisfaction and provided a fertile environment for rumour and misinformation. It is disconcerting that the Special Unit of the Ministry of Internal Affairs that investigates the 2 May events cancelled our appointment in Odessa at short notice, without any explanation.
- I am further concerned that administrative and personal impediments seem to have been imposed to prevent or at least discourage the families of those who died from obtaining the status of suffering or affected persons before the Courts. Meanwhile I am greatly alarmed by reports of the extent to which authorities are tolerating both verbal and physical intimidation both of families attending court proceedings and of the judges of those cases, not only outside the court building, but also inside it and in the court room itself.
- I welcome the support that the International Advisory Panel on Ukraine, established by the Secretary General of the Council of Europe, is providing to the Government in order to ensure that the investigations into both incidents are in line with the European Convention on Human Rights.
- In the context of detention
- Though issues concerning the treatment of detainees falls more squarely within the mandate of my colleague the Special Rapporteur on torture and cruel, inhuman or degrading treatment, violence or other threats to life within detention facilities can lead directly to deaths for which the State has a heightened responsibility. For this reason, wherever possible, I try also to visit places of detention on my country visits, so as to assess these threats firsthand.
- It seems that the Office of the Ombudsperson and the NPM created within it are relatively free to exercise their responsibilities to conduct unannounced visits both to pre-trial detention facilities (SIZO) and to penal colonies, and that this access provides an effective system of protection for the rights of those detained. Among the principle threats to life for detained persons in Ukraine are diseases such as TB and HIV. In the Donetsk region, for example, the rate of TB is allegedly 10 times higher in the prison population than in the general population. I welcome the partnership between the Penitentiary Service and the international NGO Médecins Sans Frontièrs which is aimed at providing specialised care to those detainees with TB.
- Detainees with whom I spoke had few complaints about conditions in the pre-trial detention facilities. However several made allegations of ill-treatment at earlier stages of their detention. There is a systematic pattern of complaints about ill-treatment at the hands of agents they identified to be members of the SBU, whom one interlocutor described as ‘untouchable’. I found it very difficult to establish from any officials the locations in which it is possible such abuses may have taken place, whether police temporary detention facilities (IVSs) or other sites. I could find no evidence of asystem of oversight that could effectively investigate any abuses that might (even infrequently) occur or protect detainees against them.
- Violence by armed militia groups
- While the majority of the “volunteer battalions” have from a military perspective now been incorporated into the formal structures of the Ukrainian Armed Forces, there remain a small number of potentially violent militia groups, such as the Right Sector, that act seemingly on their own authority, thanks to a high level of official tolerance, and with complete impunity.
- I am concerned by cases of bodily attacks on journalists or writers, including the cases of Oles Buzyna (who was killed in April 2015 in Kyiv) and that of Sergii Dolgov (who was arrested or disappeared in July 2014 in Mariupol by Azov Battalion).
- Some I met with expressed concerns that the lack of official mechanisms for combatants to be demobilised after fighting in the East may be contributing to this violent potential in wider Ukraine.
- Of particular concern is the extent to which these groups use violence or, more commonly, threats of violence, to exert pressure on persons holding dissenting views, the judicial system and on other mechanisms of accountability.
D Accountability for violations
- In many of the meetings I held with officials during my visit I tried to explore the mechanisms of accountability that exist in current or proposed legislation and how they should function. As noted above, I leave with the impression that in many instances the formal processes exist or will shortly exist, however I am concerned that—with the exception of the Office of the Ombudsperson and its NPM—these mechanisms are not being effectively used. Indeed, even the NPM, which appears to be achieving its objective as a preventive mechanism, cannot fully act as an accountability mechanism since it only make recommendations to the Office of the Prosecutor, which is not compelled to take up cases.
- Several practising lawyers with whom I met identified the reluctance of the Office of the Prosecutor, combined with the close relationship between the Prosecutor and the judicial authorities, as the principal impediment to pursuing allegations of ill-treatment on behalf of their clients.
- The right to life in eastern Donbas
- General observations on the conduct of hostilities
- As noted above, I welcome the fact that it seems that there have only been very limited violations of the ceasefire on either side of the “contact line” since 31 August. I hope that this ceasefire continues to hold and that it provides a space for more thorough-going de-escalation of the conflict.
- Over the past 18 months, however, the conflict has exacted a heavy human price. Last week the HRMMU released their latest report on the human rights situation in Ukraine, estimating that a total of nearly 8,000 have now been killed and more than 17,000 injured in the course of hostilities.
- The majority of these deaths have been caused by shelling, which it would appear on both sides has been taken place indiscriminately or with inadequate precautionary steps taken to protect civilians.
- I am also concerned by allegations that the conflict is being waged in part using inherently indiscriminate weapons such as cluster munitions and landmines, including anti-personnel mines. Ukraine is party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, which establishes an absolute prohibition to use anti-personnel mines “under any circumstances”. I also note with concern that Ukraine failed to fulfil its commitment to destruct all its stockpiled anti-personnel mines before 1 June 2010. According to its official reports, Ukraine still retains over 5 million anti-personnel mines.
- I am also concerned by the threat that unexploded ordnance (UXO) and other explosive remnants of war pose against civilian lives, particularly children. The HRMMU has already verified numerous civilian casualties as a result of UXO left in the battleground both in Government-controlled areas and in territories controlled by the armed groups. I would like to remind the Government of its obligations under the fifth Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, on Explosive Remnants of War. According to the Protocol, which Ukraine ratified in 2005, state parties have to mark and clear, remove or destroy, as soon as feasible, all explosive remnant of war in territories under their control. In case explosive ordnance used by Ukraine remains in territory outside of its control, the Government has the obligation to provide assistance and information to facilitate the marking, clearance removal or destruction of the ordnance by a third party. Throughout the hostilities, Ukrainian armed forces have the obligation to record and retain information on the use of explosive ordnance, in order to facilitate its clearance without delay after the cessation of hostilities.
- More generally I am worried by the extent to which reporting on the conflict is being instrumentalised by all parties using mechanisms which ought to be exercising an accountability function with respect to their own forces. Instead of responding to, investigating, or prosecuting cases of indiscriminate shelling by their own military forces, each side are dedicating their time to documenting in laudable detail the violations of the other side with a view to continuing their confrontation in the national or international courtroom.
- In areas controlled by the Government of Ukraine
(i) Indiscriminate shelling
- I am concerned that forces on the Government side are using weapons in the course of hostilities that are either inherently insufficiently precise to justify within the context of a highly urban and civilian-populated conflict zone, or that weapons with a known level of precision are being used outside or without regard to proper Standard Operating Procedures to guide targeting.
- Moreover I have not been convinced during my engagement with the relevant authorities that there is a proper investigation conducted when allegations of civilian casualties are brought to their attention. The answer that I got from some of the military authorities to the question when an investigation into allegations of excessive civilian casualties would be triggered, was that such a situation will never arise, because there was an order by the Minister of Defence that this should not happen. Such a denial that a problem could exist makes a solution veryvery difficult to achieve.
- While I understand the difficulties of conducting investigations in territory outside the control of the Government’s armed forces, such difficulties should not be understood, as suggested in many of the meetings I had, as a reason to reject any possibility to verify civilian casualties caused by shelling or to assess alleged violations of international humanitarian law. The conflict is currently being closely monitored by several international organizations, which publicly report the occurrence of civilian casualties on both sides of the “contact line”. Combined with Ukraine’s military records on the use of artillery, and the possibility to contact families of casualties, morgues, hospitals or other sources for verification, it would be possible for the Government to assess the damage caused by its use of artillery.
- Damage assessments conducted this way may not always amount to evidence solid enough to allow accountability for possible violations of international humanitarian law. However, credible estimations of civilian casualties would enable the armed forces to evaluate and strengthen precautionary measures taken to mitigate the impact of shelling among civilians.
(ii) Detention
- I have received several allegations of secret detention, in which individuals claim to have been detained for varying periods of time before being formally introduced to the penitentiary service. In some cases this initial detention takes place at the hands of officials thought to be of the SBU, in other cases such individuals have been apprehended by members of former volunteer battalions.
- One facility that is mentioned frequently in this regard is the military base at Mariupol airport. During my visit to Mariupol I attempted to conduct a pre-announced visit to this base, however I regret that, despite the advance notice, I was denied access to the facility. Other such detention facilities reportedly include the former detention facility (SIZO) of the SBU in Karkhiv, and the SBU office in Kramatorsk.
- The existence of unacknowledged, secret detention facilities almost completely undermines the effective work being conducted by the National Preventive Mechanism and the Office of the Ombudsperson. It is disappointing that judges and prosecutors, who are in many cases presented with quite clear prima facie cases of ill-treatment at the point that the detainee is presented formally to be remanded, do not respond more robustly to uphold the detainee’s rights. The impunity that exists for acts of violence in such conditions poses a clear and direct threat to the right to life.
(iii) Alleged summary killings
- I am concerned by reports of bodies discovered near Makiivka, in the Donetsk Region in September last year. While several of these bodies appear to be members of the armed groups who died in combat, some are reported to bear signs of having been executed after being detained by Government forces.
(iv) Integration of armed militias in command and control
- At the time of the start of the conflict, the Ukrainian Armed Forces were underprepared for the nature or scale of the challenge that would confront them. Not all of the regular forces, to say nothing of the volunteer battalions, had been properly trained in military warfare, let alone International Humanitarian Law standards that should regulate the conduct of hostilities.
- I want to underline questions concerning the responsibility for the actions of volunteer battalions, both now that the majority have been formally incorporated into the Ukrainian Armed Forces and during earlier stages of the conflict. Any extent to which the State is tolerating the existence of politically-motivated armed militias on its territory is a concern. The extent to which the State has been actively collaborating with those militias, in order to participate in joint military operations against a common enemy suggests that the State’s responsibility for the actions of the members of those groups may be even more direct.
- It seems that these “battalions” and groups operate in a climate of impunity, partly as a result of the pressure which they exercise on prosecutorial or judicial authorities if they attempt to pursue cases against members perceived by these groups of being “patriotic”.
(v) The impact of restrictions on movement on the right to life
- I am concerned by the potential (and in some cases realised) humanitarian impact of the limitations imposed by the government on free movement of people and goods in the Donbas region. The long queues which the resulting checkpoints inevitably entail have been the target of shelling. The extent to which the barriers impede the transfer of vital medical supplies to hospitals on the eastern side of the “contact line” also raises serious questions about its appropriateness.
- In areas not controlled by Ukrainian authorities
- As noted above, despite extensive efforts on the part of HRMMU, I was not able to meet with many representatives of the self-proclaimed ‘Donetsk people’s republic’ or self-proclaimed ‘Luhansk people’s republic’. This was extremely disappointing, given the number and gravity of allegations that have been made about the protection of human rights, including the right to life, in those territories.
(i) Indiscriminate shelling and the positioning of artillery in civilian areas
- Allegations have been made that the forces on the non-Government controlled side are deliberately positioning their artillery within close range of built-up civilian areas and occupying hospitals and schools, so as effectively to use civilians as a shield, or to entice government troops to cause civilian casualties and damage to civilian infrastructure, which can then be used for political purposes.
- The salience of this problem is demonstrated by the extent to which local populations have taken to the streets to protest it. For example, there are reports that protests were held to this effect in Donetsk on 15 and 16 June 2015. In situations where people are reportedly reluctant to express dissent, this speaks to the severity of the threat to life posed by the tactics of these armed groups.
(ii) Summary executions of detainees
- There are allegations of the killing of detainees held by fighters of the self-proclaimed Luhansk people’s republic in Sievierodonetsk, as they were retreating from the city in July 2014. While local police had remained in control of their headquarters on Partyzanski Avenue the fighters had taken over the police IVS next door. On the day of the retreat, police reported hearing shots fired from within the IVS at around 5a.m. Several hours later, after the Ukrainian forces had arrived, the police re-entered the IVS, and discovered and documented two corpses in separate cells, each shot either in the neck or in the head. The corpses also showed signs of beatings.
(iii) Allegations of quasi-judicial executions
- I have been alarmed by allegations of executions taking place in quasi-judicial circumstances. This has allegedly occurred both in the context of ‘military justice’ and in more civilian, ‘criminal justice’ context. For example, it is alleged that in May 2014 the ‘minister of defence’, Igor Strelkov (Ghirkin) sentenced to death by firing squad two local commanders for looting, armed robbery, kidnapping and desertion. It is not known whether they were executed.
- Summary executions may have been carried out under the pretext of criminal legal authority. In July 2014, when the Ukrainian Government regained control of Sloviansk, documents were found in the SBU building, which had been used as a detention facility by armed groups of the ‘Donetsk people´s republic’, that armed groups had given death sentences and carried out executions of at least three persons, reportedly based on legislation dating back to 1941.
- In August 2014, it was reported that the ‘Donetsk people’s republic’s’ de facto authorities had introduced a document that they referred to as the 1960 criminal code, which included provisions for imposing the death penalty for the ‘gravest crimes’. Lawyers I spoke with, however, stated that the ‘constitution’ of the DPR proclaimed the right to life and that the imposition of capital punishment as provided in the criminal code would thus be incompatible with it.
(iv) Threats against certain groups
- Amnesty International found strong signs of alleged drug dealers having been executed by forces of the self-proclaimed ‘Luhansk people’s republic’ in the area of Sievierodonetsk. Their commander Oleksii Mozhovyi had publicly threatened anyone involved in drug trafficking on 3 June. On 13 June, the police found three bodies of persons they identified as suspected drug dealers.
- In May and July 2014, there were reports of summary executions by self-proclaimed ‘Luhansk people´s republic’ forces in the area of Sievierodonetsk, Rubizhne and Lysychansk, in the Luhansk Region.
(vi) Targeting of those hors de combat
- As reported by the HRMMU, on 19 August, part of the town of Ilovaisk came under the control of Ukrainian armed forces. By 27 August, the Ukrainian troops in Ilovaisk were surrounded by the armed groups of the self-proclaimed ‘Donetsk people´s republic’. The same day, a safe corridor was negotiated for Ukrainian forces to leave Ilovaisk. However, at least one column of Ukrainian troops was heavily shelled while leaving Ilovaisk. Between 107 and more than 200 Ukrainian servicemen were killed, many of which were wounded soldiers being evacuated.
- In January 2015, following the shelling of a bus station in which several people were killed, Oleksandr Zakharchenko, leader of the self-proclaimed Donetsk people’s republic, made a statement on television announcing that his troops would give no quarter, and take no soldiers of the Ukrainian forces as prisoner. Making such a statement is a war crime. However, available evidence does not seem to indicate that this statement was implemented.
- Also in January, Ukrainian soldier Ihor Branovytskyi was allegedly summarily executed while in captivity of the armed groups of the ‘Donetsk people’s republic’. Branovytskyi was among a group of 12 soldiers captured and taken to the base used by the so-called ‘Sparta battalion’ and severely beaten. When Mr Branovytskyi collapsed and fainted he was reportedly executed by the battalion commander Arsenii Pavlov (‘Motorola’). During my meeting with the Office of the commissioner for human rights’ of the ‘Donetsk people’s republic’ the ‘deputy ombudsman’ agreed to investigate this case.
(vii) Downing of Malaysian Airlines flight MH17
- On 17 July 2014, the downing of Malaysian Airlines flight MH17 caused the death of 298 persons, becoming one of the most tragic events in the ongoing conflict. Despite initial difficulties to secure access to the site, international investigators now led by the Dutch Safety Board are expected to issue their final report in October. I welcome the progress achieved by the investigating team so far, and hope that the outcome of their work will serve as basis for accountability and provide relief to the families of victims.
- Conclusions
- The challenges faced by Ukrainian society are real. There are fundamental divisions about its geopolitical orientation which affect national identities. A brutal armed conflict with strong international dimensions is playing itself out on its territory. Twice during the last two years the country has seen massive demonstrations deteriorating into bloodshed on the streets. There is not an established tradition of accountability for violations of the right to life or other human rights on which to draw. The current conflict seems to have exacerbated structural weaknesses.
- Long term security will depend on the extent to which a fully functioning human rights protection system which guides the actions of all members of the society is established. The approach that I saw too often during my mission in Ukraine is that when asked about human rights protection one side immediately invokes the transgressions of the other. Human rights are treated as an instrument with which to assail the opponent; not as a shared system of accountability.
- The sad truth is that serious violations occur at one point or another in all societies. The Ukraine is no exception, and in some respects it faces unique challenges. The real question is how does one deal with the violations that occur. Many officials whom I met—particularly in the SBU—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.
- I was however heartened by the admission of a senior official whom I met during the mission who commented: ‘Things do not always go as we want them to go’. Being realistic and open about the fact that there are violations is the first step towards addressing them. The second—and decisive—step is to create and utilise mechanisms of accountability to address those violations.
VII. Preliminary Recommendations
- Efforts by all parties to end the armed conflict in the Eastern part of the country should be renewed. The cease-fire should be observed and monitored. As long as hostilities continue, all parties must take concrete measures to reduce civilian casualties, and adhere strictly to the IHL requirements of distinction, proportionality and precaution in attack.
- Proper internal measures of reporting on exchanges of fire should be established. Targeting should follow international standards, and be adjusted based on regular assessments of its impact. Allegations of breaches of international humanitarian law must be investigated.
- It is of great importance to move the conflict out of built-up areas. All parties to the conflict should refrain from using weapons that do not allow sufficient precision in this context.
- The Government of Ukraine should take steps to ratify the 2008 Convention on Cluster Munitions. In their public statements on the use of such weapons by the opposing armed groups, the Government has added weight to the idea of an emerging norm against the use of cluster munitions under any circumstances. All parties to the conflict should immediately desist from the use of such weapons, which are inherently indiscriminate.
- All remaining volunteer militia groups must be disbanded and disarmed.
- The events at Ilovaisk in August 2014 must be investigated and any perpetrators be brought to justice.
- A system of independent overview of the conduct of all those who perform law enforcement functions must be established, focussing in particular on allegations of ill-treatment by the SBU. This mechanism should be empowered to conduct investigations into suspected informal detention facilities, including comprehensive power of search within military or SBU facilities.
- The investigations into the events at Maidan in February 2014 and the 2 May events of the same year at Odessa must be completed as a matter of priority and accountability for losses of life must be established. The systemic failures that contributed to the eventual losses of life—such as the low profile of the police and the delayed response of the fire brigade in Odessa—should also be investigated and where appropriate rectified.
- The difficult situation of the families of those who lost their lives should be acknowledged by the Government. Their safety, physical and psychological well-being, dignity and privacy must be protected, and they must be promptly informed of progress in the investigations. Public officials must treat them with respect at all times.
- The killing of Oles Buzyna and the disappearance of Sergii Dolgov must be investigated.
- The Government of Ukraine should consider inviting official country visits from the Special Rapporteur on torture and other cruel, inhuman and degrading treatment, the Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Working Group on Arbitrary Detention, the Working Group on Enforced or Involuntary Disappearances, the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and the Special Rapporteur on the Independence of Judges and Lawyers.
- The reservations to the ICCPR and the ECHR must be reconsidered on a regular basis.
- The office of the Ombudsperson must be strengthened.
- The human rights situation in Crimea must remain under the scrutiny of inter alia international monitoring bodies. The governments who control access to the territory—Ukraine and the Russian Federation—must grant full access to such monitors. However, even without such access the monitoring must continue.
- Judges and other officers of the court must be protected against intimidation.
Where Will It End? More Israeli Murders
By Stephen Lendman | September 22, 2015
Israel intends imprisoning Palestinian youths and children up to 20 years for stone-throwing. Nonviolent protesters are brutally attacked. Soldiers routinely murder Palestinians unaccountably.
Police now may use live fire indiscriminately, justifying it by inventing pretexts. Settlers commit near-daily violence and/or vandalism with impunity. Investigations when conducted are whitewashed.
Zionist zealots responsible for immolating Dawabsha family members are free to kill again – even though Israeli authorities identified them. Arrests didn’t follow.
On Tuesday, a Palestinian youth named Dia’ Abdul-Halim died – or was he killed? Israeli government officials notoriously lie. So do police and military sources.
The IDF claims the youth was killed trying to throw a grenade, claiming it detonated first. Judge for yourself if true or false. How often do civilians die from grenade explosions? Rare lightning strikes are more common. Palestinian medical sources said he was shot to death.
Soldiers prevented Palestinian Red Crescent medical workers from reaching the scene to help. What did they have to hide?
On September 22, Israeli forces murdered Palestinian teenager Hadeel al-Hashlamon – shooting her three times in the chest, abdomen and lower body, claiming they foiled a stabbing attack.
Photos released proved otherwise. Soldiers confronted the unarmed woman belligerently, aiming their weapons at her. She turned to walk away and was murdered in cold blood.
An Israeli army spokeswoman lied, claiming “(t)he attacker attempted to stab a soldier.” Live fire aimed at her “lower extremists.” Soldiers shot to kill. None were harmed. No knife was found.
Palestinian PalMedia news agency video showed her left bleeding to death for around 30 minutes before help arrived. Soldiers and heavily armed settlers did nothing to save her.
She’s the 28th Palestinian murdered by Israeli security forces or settlers this year – unaccountably. No prosecutions followed.
Hadeel was taken to Shaare Zedek medical center too late to save her. These incidents happened after Israel mobilized hundreds of police reservists and extra numbers of soldiers in flashpoint areas.
A 2014 Amnesty International report called Israeli forces “trigger happy.” Excessive force is standard practice. Children are abused as violently as adults.
So are international solidarity activists and journalists. Anyone supporting long-suffering Palestinians is vulnerable.
In June through August 2014, over 1,000 West Bank Palestinians were arrested, nearly 600 injured, around two-thirds from live fire. During the same period, Israeli forces murdered 10 others.
Heavy security was deployed ahead of the Yom Kippur atonement period – beginning sundown on September 22, ending 24 hours later.
Vicious Israeli authorities have much to atone for – decades of brutality against defenseless Palestinians, accountability nowhere in sight, nor an end to occupation harshness.
Stephen Lendman can be reached at lendmanstephen@sbcglobal.net.
His new book as editor and contributor is titled “Flashpoint in Ukraine: US Drive for Hegemony Risks WW III.”
Palestinian teen shot in Hebron by Israeli forces dies from injuries

A photo of the incident shows an Israeli soldier aiming at the woman. (Youth Against Settlements)
Ma’an – September 22, 2015
BETHLEHEM – A Palestinian teenager shot by Israeli forces at a checkpoint in Hebron died from her injuries on Tuesday, Israeli medical sources said.
The teenager, identified as 18-year-old Hadeel al-Hashlamon, was shot three times by Israeli soldiers after allegedly attempting to carry out a stabbing attack, Israel’s army said.
A spokesperson for the Shaare Zedek Medical Center where she was taken for treatment said the teenager was “terribly injured, and underwent surgery upon her arrival.”
She later died from her injuries, the spokesperson confirmed.
No Israeli soldiers were injured during the incident, and the Israeli army did not release photographs of a knife, as they have done on several other recent occasions.
The army spokeswoman said that the attack had been “thwarted.”
A local activist group Youth Against Settlements later released what it said were photos of the incident, appearing to show Israeli soldiers aiming their weapons at the woman, as first she faced them and afterward turned away from them.
Another photo appeared to show the woman slumped on the street, after she was shot and wounded.
Video footage from Palestinian news agency PalMedia showed al-Hashlamon left bleeding on the pavement, reportedly for up to 30 minutes before she received treatment.
The footage shows the woman being dragged out of camera frame, while soldiers and heavily armed settlers look on.
Al-Hashlamon’s death marks at least 25 Palestinians killed by Israeli forces since the start of 2015, according to UN documentation, not including Palestinian deaths caused by Israeli settlers.
Al-Hashlamon’s father, the head of the Anesthesia Department of the Al-Ahli Hospital in Hebron, and its former General Director, Dr. Salaheddin Hashlamoun, said his daughter is a first-year student at the Hebron University.
Guantanamo prisoner tells of release trauma in first meeting with lawyer
Reprieve | September 21, 2015
A Guantanamo prisoner released to his native Morocco has spoken of the terror he felt at the way he was treated by US authorities on his flight home.
Younous Chekkouri — released from Guantanamo last week having been held in the US prison for more than a decade without charge or trial – was blindfolded, forced to wear ear-defenders, and had his arms shackled to his legs during the ten hour flight to Morocco. In a testimony given today to his local lawyer in Casablanca, where he remains detained, Younous described how the flight replicated the total sight and sound deprivation he experienced when he was first rendered to Guantanamo.
Lawyers for Younous at international human rights NGO Reprieve, have raised concerns about his ongoing detention in Morocco and the effect that the behaviour of the US authorities, during his transfer, would have had on his fragile mental state.
In 2010, Younous was cleared for release from Guantanamo – a process involving unanimous agreement by six US federal agencies including the CIA, FBI and Departments of State and Defense. He has never faced a trial or been charged with a crime.
Cori Crider, attorney for Younous and strategic director at Reprieve, said: “Younous was tortured and brutally mistreated for years during his Guantanamo ordeal. As if this weren’t enough for a man the US government would later declare should never have been imprisoned in the first place, he then spent the flight back to Morocco blindfolded and with his arms shackled to his legs. We are very concerned for Younous’ health during his ongoing detention in Morocco and urge the authorities to release him as soon as possible.”
Israeli forces targeting Palestinian children in al-Khalil (Hebron)
International Solidarity Movement | September 20, 2015
Everyday, Palestinian families get attacked by Israeli forces in their own homes. Sometimes they bang on the door in the middle of the night, scaring children and adults, ransacking the house. On some of these raids, both during the night and in daytime, Israeli forces randomly arrest family members and take them to an unknown destination without any reason.
Last night, Israeli forces entered the Palestinian market in the Old City of al-Khalil (Hebron) and entered a Palestinian family home where they kidnapped an 8-year old girl and arrested 3 more young men. All of them were walked towards the military base in Shuhada street, but then kept behind a fence and military gate for more than 15 minutes before being released. No reason was given for the random arrest.
Even the way to school can be a dangerous and perilous journey for children in al-Khalil (Hebron). Having to pass through sometimes multiple checkpoints to get to school, children as young as 4 years old have to pass by heavily armed Israeli soldiers. As if the ubiquitous military presence weren’t scary enough, children are subjected to bag-searches, frisking, detainment and arrests. With Israeli forces using tear gas on children on their way to school and back home after a long school-day, children also have to duck away from tear-gas grenades shot towards them and navigate past clouds of tear-gas lingering on in the alleys.
Arresting children under the age of 11 is illegal even under Israeli law, as it is considered to be too traumatizing and detrimental to a child’s well-being, regardless of the accusations brought forward against a child. However, Palestinian children are detained, frisked, body-searched and arrested by Israeli forces on an every-day basis. As this illegal practice does not result in any consequences for the soldiers or policemen at all, Palestinian children are constantly at risk of maltreatment, abuse and denial of their most basic human rights.
Guatemala: Environmental Activists Kidnapped in Palm Oil Region
teleSUR | September 2015
Three members from the Guatemala’s Council of Displaced Peoples, CONDEG, were kidnapped on Thursday in the palm oil producing town of Petén.
Local human rights organization, UDEFEGUA, issued a press release Thursday denouncing inaction on the part of local authorities following the disappearance.
“We reiterate and demand immediate action by the authorities to ensure the security, life and physical integrity of the human rights defenders,” the statement read.
Police officials have not identified any suspects or persons of interest involved in the incident.
According to local media reports, the kidnappers are demanding the reversal of a Guatemalan court ruling, which ordered local palm oil manufacturer Repsa to temporarily halt its operations due to unethical environmental practices.
The decision was handed down Wednesday after local residents filed legal motions against the company for contaminating drinking water and endangering protected species along the La Pasión River.
Last June, heavy rains caused a holding pond containing chemicals to overflow into the river, marking the second time in two years that communities in northern Guatemala have seen large scale fish die-offs in their rivers.
Water pollution is a major environmental problem associated with palm oil production, according to labor watchdog Verité.
The Ministry of Environment and Natural Resources recently concluded that the La Pasion River had been polluted with malathion, an agricultural pesticide.
The court ruling, however, angered some local residents who depend on the company for work. Repsa employs more than half the local population and the majority of jobs center around the palm oil industry.
Guatemala has become the ninth largest palm oil exporter in the world, and the second largest palm oil exporter in Latin America.
Film Review: Olvidados
By José Raúl Guzmán | NACLA | September 17, 2015
Forgotten / Olvidados is one of the most important Bolivian films to emerge recently, marking a high point of technical achievement for the country’s film industry. The film serves as powerful indictment of the military personnel who were responsible for thousands of deaths and disappearances of political dissidents in Latin America during Operation Condor, estimated at 30,000 forced disappearances, 50,000 deaths, and 400,000 arrests. Beginning in 1975 the political campaign of repression spanned across Argentina, Chile, Bolivia, Brazil, Uruguay, and Paraguay—carried out by the right-wing military dictatorships and backed by the CIA. The ruthless campaign of suppression targeted opposition movements, including students, Marxists, Communists, and political parties that were deemed threats to the authoritarian governments.
Mexican actor, Damián Alcáraz plays General José Mendieta, a callous official tasked with the arrest, torture of dissidents under the guise of Operation Condor. General Mendieta shows some initial reluctance at carrying out the orders from his superiors. In his old age, the atrocities he committed in the past start to weigh on his psyche. The ruling class responsible for spearheading forced disappearances has rarely faced the justice system or been made to answer for their crimes. The perpetrators of such atrocities have grown old and frail, dying of old age, something denied to the many victims they executed.
After General Mendieta suffers a heart attack during a walk around the city, in which he encounters one of his former victims, he begins to craft a letter to his son Pablo (Bernardo Peña), now living in New York. In the letter he admits his involvement in the campaign of terror. In flashbacks we see how he was one of the masterminds of Operation Condor, where students, activists, and political opponents were followed, their meetings infiltrated by military personnel; when the order arrived, soldiers descended, forcibly taking their targets in broad daylight. The journalist Marco (Carlos Cotta) and his wife Luíca (Carla Ortiz) are among those taken by the military.
“Ramon Diaz. Thirty-nine. Monica Paz. Twenty-five. Luis Maldini. Sixty. Horacio Belette. Forty-two, Laura Gonzalez. Forty-three,” a jailed, dissident utters the names and age of those he shared his jail cell with the night before, but were taken away in the dark of the night by military forces. The repetition of their names serves as a mnemonic device to keep the identities alive, should any of the newly arrived prisoners manage to escape alive. While imprisoned the dissidents argue over their ideals that led to their imprisonment asking if their involvement in pursuit of social justice was it worth it.
The strength of the film lies in its painfully accurate portrayal of torture. The most powerful scenes occur in the jail cells, when the dissidents are subjected to torture and in the streets where protesters voice their opposition to the military dictatorship. The torture techniques used by the US officials in the Middle East against perceived terrorist threats were perfected decades earlier—in the CIA backed campaigns against political opponents in Latin America. When torture is still glorified by some political circles, the realistic portrayal of the toll of electrocution, water torture, rape, and isolation, dispels the fantasy that torture can be a useful method to extract information. The film makes evident, that anyone under duress will say what is needed to end the pain.
It is less successful in offering insight into the history of the region, offering but a glimpse of archival footage of US Secretary of State Henry Kissinger and a brief look at the training of soldiers at the infamous School of the Americas by US military personnel.
Forgotten was directed by Mexican Carlos Bolado, whose filmography has focused on social justice themes including Tlateloco: Verano del 68, the documentary about the 1968 student massacre in Mexico City, and Colosio: The Assassination, a film about the murder of Mexico’s presidential candidate Luis Donaldo Colosio. Filmed over 3 months in Bolivia, Chile and New York, the Chilean desert offers a lush backdrop—a jarring contrast against the brutality of the military repression.
The film was written and produced by actress Carla Ortiz who was born in Cochabamba, Bolivia. The film was years in the making, with Ortiz saying “that we urgently need to recuperate our historical memory, in order to not let history repeat itself” adding “it is important for the Americans to understand what their government keeps doing wrong or keeps on abusing its power for their benefit.” The disappearance of students, activists, and political dissidents, and the continued impunity and lack of prosecutions of the perpetrators of Operation Condor remains an injustice that plagues Latin America.
With the one-year anniversary of the disappearance of forty-three students from the Teachers College in Ayotzinapa, Mexico approaching, Forgotten reminds us that military repression has a long and painful history across the continent, the tactics employed by repressive military forces now, have been perfected through decades of forced disappearances of dissidents.
The film opens in theaters on September 18, in New York and October 2, in Los Angeles followed by a December release on HBO Latino.
Nearly 2,000 Palestinian children killed since 2000: Rights group
Press TV – September 17, 2015
An independent non-governmental organization (NGO) says nearly 2,000 Palestinian children have lost their lives at the hands of Israeli military forces and illegal settlers over the past 15 years.
Defense for Children International-Palestine (DCIP), in a report released on Thursday, criticized the Israeli regime’s policy of land expropriation and consistent development of illegal settlements in the occupied East al-Quds (Jerusalem) and West Bank, warning that such practices are placing Palestinian children and their families against “expanding and often violent Israeli settler communities.”
The Geneva-based NGO further noted that Israel’s ongoing settlement expansion activities are increasingly creating a “hyper-militarized environment” for Palestinian children, where they are highly exposed to disproportionate violence from both Israeli forces and settlers.
The DCIP said Israeli soldiers killed 12 Palestinian children in East al-Quds and West Bank in 2014, and the majority of the fatalities were caused by ammunition.
It highlighted that there is “no evidence that any of the children killed in the West Bank posed a direct threat to Israeli troops or settlers.”
The rights group also revealed that 553 of the Palestinian children killed since 2000 died as a direct result of the Israeli military’s onslaught against the impoverished Gaza Strip in summer 2014, noting that around 68 percent of the victims were under the age of 12.
Israel started its military campaign against the impoverished Gaza Strip in early July 2014. The offensive ended on August 26, 2014. Nearly 2,200 Palestinians, including 577 children, lost their lives in the Israeli war. Over 11,100 others – including 3,374 children, 2,088 women and 410 elderly people – also sustained injuries.
More than half a million Israelis live in over 120 illegal settlements built since Israel’s occupation of the Palestinian territories in 1967.
Palestinians are seeking to create an independent state on the territories of the West Bank, East al-Quds, and the besieged Gaza Strip and are demanding that Israel withdraw from the occupied Palestinian territories.



