War criminal Poroshenko not welcome in New York!

Protest!
Tuesday, September 29, 4:30 to 6:30 pm
116th St. & Broadway, Manhattan
Facebook event page
Columbia University has invited Ukrainian President Petro Poroshenko to speak. Who is he?
- Oligarch selected in fraudulent election
- Fascist collaborato
- Violator of Minsk 2 ceasefire agreement of Feb 12, 2015
- Enforcer of IMF austerity
- Jailer of journalists and oppositionists
Poroshenko is responsible for:
- 7,000-plus deaths in Donbass region
- More than 1.3 million refugees and displaced persons
- Thousands of political prisoners
In mid-September, the Pentagon announced that it will expand its training of active duty military forces in Ukraine, after a successful test run training the fascist Azov Battalion.
The head of NATO and U.S. Senator John McCain are presently in Ukraine, shoring up the regime and its integration into the NATO war machine. Police agencies like the Texas Rangers and CHP are training local security forces in how to put down resistance.
Some 90,000 Ukrainian troops are stationed on the border with Donetsk and Lugansk, in open violation of the Minsk-2 peace agreement. The biggest NATO war games EVER are starting in the Black Sea, an open provocation against Russia at this moment when tensions are high over Syria.
But at the United Nations next week, all we will hear are lies about how Russia is the aggressor in Ukraine!
- Tell Obama and John McCain: Stop U.S.-NATO aid to genocidal regime in Ukraine!
- Stand with Donetsk and Lugansk People’s Republics and antifascists in Ukraine!
Called by Solidarity with Ukraine Antifascists Committee/International Action Center
Russia Checks Western Lies on Syria
By Finian Cunningham | Sputnik | September 25, 2015
You have to hand it to Russia. In recent weeks, one move after another by Moscow over the Syrian crisis could be accompanied by the audible word “check”, leaving Washington and its minions grappling with disorientation about how to respond to the Russian moves.
At the heart of the West’s disorientation what is being exposed is its glaring criminal deceptions over Syria.
This week, Russian foreign ministry spokeswoman Maria Zahkarova probed the Western rationale towards Syria with this incisive proposition.
She said that if Washington insists that Syrian President Bashar al-Assad should stand down, then the United States government should henceforth remove its signature from the 2012 Geneva Communiqué. The same logical ultimatum applies to Britain and France.
That communiqué, signed three years ago by international governments, as well as the United Nations, European Union and Arab League, clearly states that “the political future of Syria must be determined by the Syrian people themselves”.
The binding document had followed lengthy negotiations between Russia, China and the Western powers, and it was signed in Geneva in the summer of 2012 under the auspices of then UN Secretary General Kofi Annan. Hillary Clinton was the US Secretary of State at the time.
Nowhere in the Geneva accord is it mentioned that Syria’s Assad should relinquish power.
It merely endorses a political process of dialogue among Syrian parties, the outcome of which is to be mandated by the Syrian people. In fact, two years after the communiqué was signed the Syrian people voted by a huge majority to re-elect Assad as the country’s leader.
Yet Western powers continue to assert that Assad “has to go”.
Germany’s Chancellor Angela Merkel this week appeared to break the Western ranks when she said that Bashar al-Assad must be part of the political negotiations to solve the Syrian conflict.
Nevertheless, Washington, Britain and France remain implacable in their insistence that the Syrian president has to stand down. In other words, these Western powers are unilaterally demanding regime change in spite of the fact that they signed up to the Geneva Communiqué, which makes no such stipulation. With typical unreasonable arrogance, Washington and its allies appoint themselves to over-ride the sovereign right of the Syrian nation.
Last week, while in London, Clinton’s successor John Kerry repeated the American demand that “Assad must go”. Speaking alongside his British counterpart Philip Hammond, Kerry said he was open to talks with Russia on the Syrian crisis, but that the bottom-line for Washington and London was that the Syrian leader had to vacate office.
“We’re prepared to negotiate. Is Assad prepared to negotiate, really negotiate? Is Russia prepared to bring him to the table?” said Kerry.
The New York Times elucidated further Washington’s intentions. It reported: “[American] officials indicated that the larger goal was to draw the Russians into a political process that would ultimately replace Syria’s government of President Bashar al-Assad, a longtime ally of the Kremlin.”
Maria Zakharova, the Russian foreign ministry spokesman, has subsequently nailed that Western lie on Syria. If Washington insists on Assad’s removal, then the US government should repudiate the Geneva Communiqué. “Otherwise,” said Zakharova, “the US is deceiving everybody.” Check!
This follows the move earlier this month when Russia placed its support full square behind the Assad government. Moscow has delivered military aid to Damascus in line with legal bilateral agreements.
Russian President Vladimir Putin explained that the Syrian government is the primary offensive force against the terrorist networks tearing Syria apart.
Therefore, if Washington and its Western allies claim to be fighting against terrorism in Syria, then they should have no objection to Russia’s support for the government in Damascus. Check!
Again, the Russian move deftly exposes another Western deception.
Since Moscow beefed up its military support for Syria, Washington, London and Paris have been reeling from their own contradictions. The West says it is alarmed that Moscow is “shoring up the Assad regime”.
But if these powers were genuinely in the business of “degrading and defeating” the so-called Islamic State and other jihadist terror groups, then why should they be alarmed by Russia supporting the principal force – the Syrian government – in the battle against the terrorists?
Russian Foreign Minister Sergei Lavrov pointed out that the West’s logic is “upside-down”. He has also commented that the West’s “anti-terror” coalition bombing Syria and Iraq does not appear to be genuine in its ostensible aims. After a year of US-led air strikes on Syria and Iraq, the terror groups seem to be stronger than ever.
Clearly, the West’s “anti-terror” strategy is ineffective, suggesting that the real aim of the West is to further weaken the Syrian state.
Scrabbling around to find some cover for its naked upside-down logic, Washington, London and Paris are now saying that they fear that Russia’s military intervention in Syria “may lead to an escalation of the conflict” or to a clash with the US-led coalition.
John Kerry and his Western counterparts have even resorted to this oxymoron. Kerry said the “root cause” of the refugee crisis assailing Europe is the “conflict in Syria” and that is, in his view, further “rationale” for the removal of President Assad. How convoluted can you get?
The four-year-old conflict in Syria is so obviously the driver for millions of Syrian refugees. But the “root cause” that Kerry so deceptively misplaces is the criminal covert war of regime change that Washington has launched on that country, along with the collusion of Britain, France, Turkey and the Gulf Arab dictatorships of Saudi Arabia and Qatar.
That US-led regime-change war has involved unleashing thousands of terrorist mercenaries on Syria. It’s a well-worn American strategy played time and again in different parts of world down through the decades. Ukraine and Yemen are two other current case studies of Washington’s covert state-sponsored terrorism. Fiendishly, Western propaganda in the form of “Western news journalism” helps to mask what should be transparent criminality committed by Washington and its so-called allies and clients.
Deciphering the West’s lies and deceptions is not always an easy task.
But thanks to Russia’s logical policy, the West’s lies in Syria are at last being nailed. We might even say “Checkmated!”
U.S. Special Ops Forces Deployed in 135 Nations
2015 Proves to Be Record-Breaking Year for the Military’s Secret Military
By Nick Turse | TomDispatch | September 24, 2015
You can find them in dusty, sunbaked badlands, moist tropical forests, and the salty spray of third-world littorals. Standing in judgement, buffeted by the rotor wash of a helicopter or sweltering beneath the relentless desert sun, they instruct, yell, and cajole as skinnier men playact under their watchful eyes. In many places, more than their particular brand of camouflage, better boots, and designer gear sets them apart. Their days are scented by stale sweat and gunpowder; their nights are spent in rustic locales or third-world bars.
These men — and they are mostly men — belong to an exclusive military fraternity that traces its heritage back to the birth of the nation. Typically, they’ve spent the better part of a decade as more conventional soldiers, sailors, marines, or airmen before making the cut. They’ve probably been deployed overseas four to 10 times. The officers are generally approaching their mid-thirties; the enlisted men, their late twenties. They’ve had more schooling than most in the military. They’re likely to be married with a couple of kids. And day after day, they carry out shadowy missions over much of the planet: sometimes covert raids, more often hush-hush training exercises from Chad to Uganda, Bahrain to Saudi Arabia, Albania to Romania, Bangladesh to Sri Lanka, Belize to Uruguay. They belong to the Special Operations forces (SOF), America’s most elite troops — Army Green Berets and Navy SEALs, among others — and odds are, if you throw a dart at a world map or stop a spinning globe with your index finger and don’t hit water, they’ve been there sometime in 2015.
The Wide World of Special Ops
This year, U.S. Special Operations forces have already deployed to 135 nations, according to Ken McGraw, a spokesman for Special Operations Command (SOCOM). That’s roughly 70% of the countries on the planet. Every day, in fact, America’s most elite troops are carrying out missions in 80 to 90 nations, practicing night raids or sometimes conducting them for real, engaging in sniper training or sometimes actually gunning down enemies from afar. As part of a global engagement strategy of endless hush-hush operations conducted on every continent but Antarctica, they have now eclipsed the number and range of special ops missions undertaken at the height of the conflicts in Iraq and Afghanistan.
In the waning days of the Bush administration, Special Operations forces (SOF) were reportedly deployed in only about 60 nations around the world. By 2010, according to the Washington Post, that number had swelled to 75. Three years later, it had jumped to 134 nations, “slipping” to 133 last year, before reaching a new record of 135 this summer. This 80% increase over the last five years is indicative of SOCOM’s exponential expansion which first shifted into high gear following the 9/11 attacks.
Special Operations Command’s funding, for example, has more than tripled from about $3 billion in 2001 to nearly $10 billion in 2014 “constant dollars,” according to the Government Accountability Office (GAO). And this doesn’t include funding from the various service branches, which SOCOM estimates at around another $8 billion annually, or other undisclosed sums that the GAO was unable to track. The average number of Special Operations forces deployed overseas has nearly tripled during these same years, while SOCOM more than doubled its personnel from about 33,000 in 2001 to nearly 70,000 now.
Each day, according to SOCOM commander General Joseph Votel, approximately 11,000 special operators are deployed or stationed outside the United States with many more on standby, ready to respond in the event of an overseas crisis. “I think a lot of our resources are focused in Iraq and in the Middle East, in Syria for right now. That’s really where our head has been,” Votel told the Aspen Security Forum in July. Still, he insisted his troops were not “doing anything on the ground in Syria” — even if they had carried out a night raid there a couple of months before and it was later revealed that they are involved in a covert campaign of drone strikes in that country.
“I think we are increasing our focus on Eastern Europe at this time,” he added. “At the same time we continue to provide some level of support on South America for Colombia and the other interests that we have down there. And then of course we’re engaged out in the Pacific with a lot of our partners, reassuring them and working those relationships and maintaining our presence out there.”
In reality, the average percentage of Special Operations forces deployed to the Greater Middle East has decreased in recent years. Back in 2006, 85% of special operators were deployed in support of Central Command or CENTCOM, the geographic combatant command (GCC) that oversees operations in the region. By last year, that number had dropped to 69%, according to GAO figures. Over that same span, Northern Command — devoted to homeland defense — held steady at 1%, European Command (EUCOM) doubled its percentage, from 3% to 6%, Pacific Command (PACOM) increased from 7% to 10%, and Southern Command, which overseas Central and South America as well as the Caribbean, inched up from 3% to 4%. The largest increase, however, was in a region conspicuously absent from Votel’s rundown of special ops deployments. In 2006, just 1% of the special operators deployed abroad were sent to Africa Command’s area of operations. Last year, it was 10%.
Globetrotting is SOCOM’s stock in trade and, not coincidentally, it’s divided into a collection of planet-girding “sub-unified commands”: the self-explanatory SOCAFRICA; SOCEUR, the European contingent; SOCCENT, the sub-unified command of CENTCOM; SOCKOR, which is devoted strictly to Korea; SOCPAC, which covers the rest of the Asia-Pacific region; SOCSOUTH, which conducts missions in Central America, South America, and the Caribbean; SOCNORTH, which is devoted to “homeland defense”; and the ever-itinerant Joint Special Operations Command or JSOC, a clandestine sub-command (formerly headed by Votel) made up of personnel from each service branch, including SEALs, Air Force special tactics airmen, and the Army’s Delta Force that specializes in tracking and killing suspected terrorists.
The elite of the elite in the special ops community, JSOC takes on covert, clandestine, and low-visibility operations in the hottest of hot spots. Some covert ops that have come to light in recent years include a host of Delta Force missions: among them, an operation in May in which members of the elite force killed an Islamic State commander known as Abu Sayyaf during a night raid in Syria; the 2014 release of long-time Taliban prisoner Army Sergeant Bowe Bergdahl; the capture of Ahmed Abu Khattala, a suspect in 2012 terror attacks in Benghazi, Libya; and the 2013 abduction of Anas al-Libi, an al-Qaeda militant, off a street in that same country. Similarly, Navy SEALs have, among other operations, carried out successful hostage rescue missions in Afghanistan and Somalia in 2012; a disastrous one in Yemen in 2014; a 2013 kidnap raid in Somalia that went awry; and — that same year — a failed evacuation mission in South Sudan in which three SEALs were wounded when their aircraft was hit by small arms fire.
SOCOM’s SOF Alphabet Soup
Most deployments have, however, been training missions designed to tutor proxies and forge stronger ties with allies. “Special Operations forces provide individual-level training, unit-level training, and formal classroom training,” explains SOCOM’s Ken McGraw. “Individual training can be in subjects like basic rifle marksmanship, land navigation, airborne operations, and first aid. They provide unit-level training in subjects like small unit tactics, counterterrorism operations and maritime operations. SOF can also provide formal classroom training in subjects like the military decision-making process or staff planning.”
From 2012 to 2014, for instance, Special Operations forces carried out 500 Joint Combined Exchange Training (JCET) missions in as many as 67 countries each year. JCETs are officially devoted to training U.S. forces, but they nonetheless serve as a key facet of SOCOM’s global engagement strategy. The missions “foster key military partnerships with foreign militaries, enhance partner-nations’ capability to provide for their own defense, and build interoperability between U.S. SOF and partner-nation forces,” according to SOCOM’s McGraw.
And JCETs are just a fraction of the story. SOCOM carries out many other multinational overseas training operations. According to data from the Office of the Under Secretary of Defense (Comptroller), for example, Special Operations forces conducted 75 training exercises in 30 countries in 2014. The numbers were projected to jump to 98 exercises in 34 countries by the end of this year.
“SOCOM places a premium on international partnerships and building their capacity. Today, SOCOM has persistent partnerships with about 60 countries through our Special Operations Forces Liaison Elements and Joint Planning and Advisory Teams,” said SOCOM’s Votel at a conference earlier this year, drawing attention to two of the many types of shadowy Special Ops entities that operate overseas. These SOFLEs and JPATs belong to a mind-bending alphabet soup of special ops entities operating around the globe, a jumble of opaque acronyms and stilted abbreviations masking a secret world of clandestine efforts often conducted in the shadows in impoverished lands ruled by problematic regimes. The proliferation of this bewildering SOCOM shorthand — SOJTFs and CJSOTFs, SOCCEs and SOLEs — mirrors the relentless expansion of the command, with its signature brand of military speak or milspeak proving as indecipherable to most Americans as its missions are secret from them.
Around the world, you can find Special Operations Joint Task Forces (SOJTFs), Combined Joint Special Operations Task Forces (CJSOTFs), and Joint Special Operations Task Forces (JSOTFs), Theater Special Operations Commands (TSOCs), as well as Special Operations Command and Control Elements (SOCCEs) and Special Operations Liaison Elements (SOLEs). And that list doesn’t even include Special Operations Command Forward (SOC FWD) elements — small teams which, according to the military, “shape and coordinate special operations forces security cooperation and engagement in support of theater special operations command, geographic combatant command, and country team goals and objectives.”
Special Operations Command will not divulge the locations or even a simple count of its SOC FWDs for “security reasons.” When asked how releasing only the number could imperil security, SOCOM’s Ken McGraw was typically opaque. “The information is classified,” he responded. “I am not the classification authority for that information so I do not know the specifics of why the information is classified.” Open source data suggests, however, that they are clustered in favored black ops stomping grounds, including SOC FWD Pakistan, SOC FWD Yemen, and SOC FWD Lebanon, as well as SOC FWD East Africa, SOC FWD Central Africa, and SOC FWD West Africa.
What’s clear is that SOCOM prefers to operate in the shadows while its personnel and missions expand globally to little notice or attention. “The key thing that SOCOM brings to the table is that we are — we think of ourselves — as a global force. We support the geographic combatant commanders, but we are not bound by the artificial boundaries that normally define the regional areas in which they operate. So what we try to do is we try to operate across those boundaries,” SOCOM’s Votel told the Aspen Security Forum.
In one particular blurring of boundaries, Special Operations liaison officers (SOLOs) are embedded in at least 14 key U.S. embassies to assist in advising the special forces of various allied nations. Already operating in Australia, Brazil, Canada, Colombia, El Salvador, France, Israel, Italy, Jordan, Kenya, Poland, Peru, Turkey, and the United Kingdom, the SOLO program is poised, according to Votel, to expand to 40 countries by 2019. The command, and especially JSOC, has also forged close ties with the Central Intelligence Agency, the Federal Bureau of Investigation, and the National Security Agency, among other outfits, through the use of liaison officers and Special Operations Support Teams (SOSTs).
“In today’s environment, our effectiveness is directly tied to our ability to operate with domestic and international partners. We, as a joint force, must continue to institutionalize interoperability, integration, and interdependence between conventional forces and special operations forces through doctrine, training, and operational deployments,” Votel told the Senate Armed Services Committee this spring. “From working with indigenous forces and local governments to improve local security, to high-risk counterterrorism operations — SOF are in vital roles performing essential tasks.”
SOCOM will not name the 135 countries in which America’s most elite forces were deployed this year, let alone disclose the nature of those operations. Most were, undoubtedly, training efforts. Documents obtained from the Pentagon via the Freedom of Information Act outlining Joint Combined Exchange Training in 2013 offer an indication of what Special Operations forces do on a daily basis and also what skills are deemed necessary for their real-world missions: combat marksmanship, patrolling, weapons training, small unit tactics, special operations in urban terrain, close quarters combat, advanced marksmanship, sniper employment, long-range shooting, deliberate attack, and heavy weapons employment, in addition to combat casualty care, human rights awareness, land navigation, and mission planning, among others.
From Joint Special Operations Task Force-Juniper Shield, which operates in Africa’s Trans-Sahara region, and Special Operations Command and Control Element-Horn of Africa, to Army Special Operations Forces Liaison Element-Korea and Combined Joint Special Operations Task Force-Arabian Peninsula, the global growth of SOF missions has been breathtaking. SEALs or Green Berets, Delta Force operators or Air Commandos, they are constantly taking on what Votel likes to call the “nation’s most complex, demanding, and high-risk challenges.”
These forces carry out operations almost entirely unknown to the American taxpayers who fund them, operations conducted far from the scrutiny of the media or meaningful outside oversight of any kind. Everyday, in around 80 or more countries that Special Operations Command will not name, they undertake missions the command refuses to talk about. They exist in a secret world of obtuse acronyms and shadowy efforts, of mystery missions kept secret from the American public, not to mention most of the citizens of the 135 nations where they’ve been deployed this year.
This summer, when Votel commented that more special ops troops are deployed to more locations and are conducting more operations than at the height of the Afghan and Iraq wars, he drew attention to two conflicts in which those forces played major roles that have not turned out well for the United States. Consider that symbolic of what the bulking up of his command has meant in these years.
“Ultimately, the best indicator of our success will be the success of the [geographic combatant commands],” says the special ops chief, but with U.S. setbacks in Africa Command’s area of operations from Mali and Nigeria to Burkina Faso and Cameroon; in Central Command’s bailiwick from Iraq and Afghanistan to Yemen and Syria; in the PACOM region vis-à-vis China; and perhaps even in the EUCOM area of operations due to Russia, it’s far from clear what successes can be attributed to the ever-expanding secret operations of America’s secret military. The special ops commander seems resigned to the very real limitations of what his secretive but much-ballyhooed, highly-trained, well-funded, heavily-armed operators can do.
“We can buy space, we can buy time,” says Votel, stressing that SOCOM can “play a very, very key role” in countering “violent extremism,” but only up to a point — and that point seems to fall strikingly short of anything resembling victory or even significant foreign policy success. “Ultimately, you know, problems like we see in Iraq and Syria,” he says, “aren’t going to be resolved by us.”
Nick Turse is the author of Tomorrow’s Battlefield: U.S. Proxy Wars and Secret Ops in Africa.
Peace in Sight: Historic Agreement between Colombia and the FARC
By Miguel Salazar | Council on Hemispheric Affairs | September 24, 2015
On Wednesday, September 23, 2015, Colombian President Juan Manuel Santos and FARC leader Rodrigo Londoño pledged to end the country’s internal conflict by March 26, 2016.
Ever since La Violencia—Colombia’s infamous civil war lasting from 1948 to 1958—the polarization of the country’s political parties and ideological factions has led to an escalation of a deep-seated violence throughout Colombia. The Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) was initially formed as an armed peasant movement in 1964 that demanded comprehensive land and social reforms. Since then, the government and right-wing paramilitaries have waged a violent conflict against the FARC in rural Colombia that has resulted in a total of 220,000 deaths and over 5.7 million displacements.[i]
Negotiations between the FARC and the Colombian government have been ongoing since 2012, but Wednesday marked President Santos’ first appearance at the peace talks, and the beginning of a more visible role as a major force for concluding the peace accord. The two sides have agreed to create special tribunals to try former FARC combatants as well as government troops and rightist paramilitaries. Those found guilty of human rights violations will be required to pay reparations to their victims and will face a maximum sentence of eight years under special conditions, if they voluntarily opt to cooperate with the judicial process.[ii] Combatants who do not cooperate and are convicted could face much longer sentences. Those who sign the peace deal, accept responsibility, face charges and pay reparations will be safe from extradition if they are wanted by the United States on drug trafficking charges.[iii]
Pressured into the peace talks by the Colombian public, Bogotá has spent billions of dollars on efforts to combat the FARC (the 2015 budget for armed forces and police is $12.2 billion),[iv] while the United States has contributed over $9 billion for military operations since the birth of Plan Colombia in 2000.[v] Meanwhile, the FARC have suffered from sharply diminishing membership numbers (16,000 in 2001 to 7,000 in 2013) over the past decade and a half.[vi]
However, this momentous agreement comes with historical antecedents. The FARC recently demanded an inclusion of right-wing paramilitary groups in the current peace talks.[vii] These were agreed to by President Santos on Wednesday.[viii] Previous administrations have attempted to implement comprehensive demobilization and reinsertion programs with guerrilla groups but have failed due to the exclusion of paramilitary forces. In Colombia’s last peace agreement, the Betancur administration (1982-1986) legalized guerrilla members that accepted the amnesty as political actors in 1985, and the FARC subsequently demobilized and established the Patriotic Union (Unión Patriótica, UP), their political party. However, over 3,000 UP members paid dearly for this tactical mistake; having put down their weapons and rejoined civic life, they were later assassinated by paramilitary elements.[ix]
This changed with the election of President Álvaro Uribe (2002-2010), who refused to negotiate with the FARC and instead opted for supporting talks with the United Self-Defense Forces of Colombia (Autodefensas Unidas de Colombia, AUC), the largest paramilitary group in the country,[x] which has subsequently splintered off into several small criminal gangs.[xi] Since the demobilization of the AUC under Uribe, however, Colombian diplomats had not engaged in peace talks with the FARC until 2012.
COHA is cautiously optimistic about the shift in character of the Colombian government that has allowed for the promise of peace. However, insufficient funding, an inadequate monitoring of demobilized combatants, and a lack of consultation with host communities in the past have impeded Colombia from successfully maintaining peace. Although it has yet to be seen whether these agreements will prove to be successful in the long-term, President Santos’s government and the FARC are to be lauded for having taken a crucial step toward sustainable peace in Colombia.
[i] “World Report 2015: Colombia.” Human Rights Watch. 2015. Web.
[ii] Acosta, Nelson, and Daniel Trotta. “Colombia, FARC Rebels Vow to End 50-year War within Six Months.” Reuters. September 23, 2015. Web.
[iii] Lander, Rose. “Colombia Govt, FARC Agree to Maximum Prison Sentences for War Crimes.” Colombia Reports. September 23, 2015. Web.
[iv] Muñoz, Sara Schaefer. “Colombia Unlikely to Cut Defense Budget If FARC Deal Is Reached, Officials Say.” The Wall Street Journal. January 20, 2015. Web.
[v] Arsenault, Chris. “Did Colombia’s War on Drugs Succeed?” Al Jazeera. May 22, 2014. Web.
[vi] Renwick, Danielle, and Stephanie Hanson. “FARC, ELN: Colombia’s Left-Wing Guerrillas.” Council on Foreign Relations. December 1, 2014. Web.
[vii] Alsema, Adriaan. “The FARC’s Biggest Fear: Colombia’s Paramilitary Groups.” Colombia Reports. July 10, 2015. Web.
[viii] Acosta, Nelson, and Daniel Trotta. “Colombia, FARC Rebels Vow to End 50-year War within Six Months.” Reuters. September 23, 2015. Web.
[ix] Laplante, Lisa J, and Kimberly Theidon. “Transitional Justice in Times of Conflict: Colombia’s Ley De Justicia Y Paz.” Michigan Journal of International Law 28, no. 49 (2006): 59-61.
[x] Ibid: 61-62.
[xi] McDermott, Jeremy. “The BACRIM and Their Position in Colombia’s Underworld.” InSight Crime. May 2, 2014. Web.
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.
US-trained militants give up arms to Nusra right after entering Syria
Press TV – September 22, 2015
“Moderate” militants trained by the US military have handed over their weapons to terrorists upon entry into Syria.
Militants with Division 30, who had just graduated from a US-led military training program in Turkey, surrendered to the al-Qaeda-affiliated Jabhat al-Nusra in Syria, The Telegraph reported on Monday, quoting a number of sources.
The militants are said to have given up all their guns and equipment immediately after entry into Syria.
“A strong slap for America… the new group from Division 30 that entered yesterday hands over all of its weapons to Jabhat al-Nusra after being granted safe passage,” read a statement on Twitter by a man calling himself Abu Fahd al-Tunisi, a member of Nusra. “They handed over a very large amount of ammunition and medium weaponry and a number of pick-ups.”
The division’s commander, Anas Ibrahim Obaid, explained to the terrorists that he had tricked the US military to get guns, according to Abu Khattab al-Maqdisi, another Nusra member.
“He promised to issue a statement… repudiating Division 30, the coalition, and those who trained him,” he tweeted. “And he also gave a large amount of weapons to Jabhat al-Nusra.”
The division entered Syria with “12 four-wheel vehicles equipped with machine guns and ammunition” a day earlier, said the Syrian Observatory for Human Rights.
The entry of the 70 men was also confirmed by the US Central Command after they graduated from the Pentagon’s “train and equip” program.
Petraeus recipe for battling ISIS: US-protected rebel enclaves in Syria, surge in Iraq
RT | September 22, 2015
To achieve victory in the Middle East, the US needs to establish and protect rebel enclaves in Syria, and launch another “surge” in Iraq, former CIA director and retired US Army general David Petraeus told a Senate panel.
This was the first public appearance for the retired general and former spymaster, following his April sentencing for revealing classified information to his mistress.
Describing Syria as a “geopolitical Chernobyl… spewing instability” all over the Middle East, Petraeus urged the Senate Armed Services Committee (SASC) to endorse a policy that would “stop the Syrian air force from flying” and establish safe areas where civilians and anti-government rebels could be protected by US airpower and advisers. Meanwhile, all the elements of the surge were once again required in Iraq, but this time around the Iraqis would have to provide the ground troops, he said.
Petraeus echoed the official position of the State Department that Syrian president Bashar al-Assad was to blame for the rise of Islamic State (IS, also known as ISIS or ISIL), blaming the government’s “barrel bombs” rather than IS for most of the civilian deaths in Syria. The general pushed for the creation of US-backed protected areas where civilians and militia opposed to the government could shelter under the coalition air umbrella. Eventually, he said, US advisers could be deployed there as boots on the ground.
“This is a very complicated military activity, but it is doable,” Petraeus told lawmakers.
Petraeus resigned as director of the CIA in November 2012, following the revelations that he had shared classified information with his biographer – and lover – Paula Broadwell. As part of a plea bargain with the government, he was sentenced to two years’ probation and a $100,000 fine.
The ex-general began his testimony with an apology, calling what he did a “serious mistake” and a “violation of the trust placed in me.” The panel, chaired by Arizona Republican John McCain, repeatedly thanked Petraeus for his military service and commended him on the apology.
Without bringing up the Broadwell scandal at all, McCain praised Petraeus as a “distinguished” leader and argued his 2007 testimony was critical to securing Senate support for the ‘surge’ strategy that “defeated al-Qaeda in Iraq, brought security to the Iraqi people, and created the possibility for meaningful political reconciliation.”
Both Republicans and Democrats on the panel were eager to hear Petraeus’s prescriptions for salvaging the US war effort against Islamic State. A yearlong air campaign by the 60-nation coalition, at the cost of $4 billion, has not dislodged the self-proclaimed Caliphate, while the handful of US-trained Syrian fighters were ambushed and scattered by Al-Nusra Front, an Al-Qaeda affiliate.
Petraeus argued that the “train and equip” program was impossible to abandon, since the US strategy in the region absolutely depended on having a Sunni Arab fighting force. Asked whether there was anyone inside Syria actually available to train, he said that many moderate rebels “drifted” to Islamist groups like Al-Nusra, because they had resources and were fighting against the Assad government. Peeling off these low-ranking members could work, he said, just as it did in Iraq.
Arguing that working with the government in Damascus would damage US credibility among the Sunnis, Petraeus called for lawmakers to resist the Russian effort to “force” the US into an alliance with president Bashar al-Assad. If Russia really wanted to fight ISIS, it could have joined the US-led coalition and asked to be integrated into the air war, Petraeus said.
Russian president Vladimir Putin recently proposed a coordinated international effort against IS, but rebuffed speculation that Russian forces would engage in combat operations in Syria.
“We are providing Syria with quite strong support in terms of equipment, training of military servicemen and weapons,” Putin said. “We are considering various options, but so far what you are talking about is not on the agenda.”
Petraeus did caution against the rush to overthrow Assad, noting that Syria “could actually get worse” if there was no plan for the aftermath.
During Petraeus’s testimony before the SASC, it was reported that retired Marine General John Allen, head of the anti-IS coalition, would be stepping down in November. Sources within the Obama administration told Bloomberg that Allen made the decision out of concern for his wife’s poor health.
Israel gives Jewish names to Arab streets in Jerusalem
MEMO | September 21, 2015
Israel yesterday approved giving Jewish names from the Torah to Palestinian streets in an attempt to give a Jewish appearance to the holy city, Arabs48 reported.
The municipality changed the name of Jabal Al-Zaytoun, the highest mountain in Jerusalem which overlooks Al-Aqsa Mosque, giving it a name from the Torah Har Ha-mishchah.
In addition, the municipality gave a biblical name to the main street in Silwan; Shir Hamalot. An indication of the changes to come at Al-Aqsa Mosque.
Arabs48 said that the Israeli municipality did not announce the names of the area that the street refers to, but it is clear that it is in the Al-Bustan neighbourhood, the closest neighbourhood to Al-Aqsa.
This measure contradicts international law, which objects to changing the names of occupied places. Subsequently, the Palestinian Authority filed a complaint at UNESCO and the ICC as the occupation has so far changed names of 300 streets and alleyways in Jerusalem.
It is widely believed that such actions are part of Israel’s endeavour to Judaise occupied Jerusalem.
Saudi air raids kill dozens of Yemeni civilians amid humanitarian crisis
RT | September 20, 2015
The latest Saudi-led airstrikes in Yemen have left dozens of civilians dead and nearly 160 injured at a time that sees medical facilities struggling to provide even the most basic services. The country is suffering from a shortage of vital supplies due to the ongoing blockade.
The coalition air raids against Houthi forces in Sanaa overnight on Friday killed at least 40 civilians and injured at least another 130 people, Yemen News Agency (SABA) reported.
One strike leveled an apartment building in the center of the city killing a family of nine, while another strike killed a man who had been searching for his family in the rubble, AP reported. The coalition has even managed to attack Yemen’s interior ministry in the capital, launching about 10 strikes at the building as well as at a police camp and a military building close to it.
The airstrikes also hit the residence of Oman’s ambassador in Sanaa.
“Oman received with deep regret yesterday’s news targeting the ambassador’s home in Sanaa, which is a clear violation of international charters and norms that emphasize the inviolability of diplomatic premises,” the foreign affairs ministry’s statement said.
A further 38 civilians were killed by the airstrikes in the northern province of Saada while another 27 were left wounded, according to a DPA-interviewed official.
Meanwhile civilians suffering violence on the ground and the wrath of the Saudi-led aerial campaign continue to face humanitarian crises, with fuel and vital medical supplies running out. The health ministry issued a statement saying that it is overwhelmed by the amount of wounded as it lacks basic medicines necessary for treating the injured. The plea call also said that medical facilities lack fuel to operate ambulances and hospital equipment, SABA reports.
“At the moment we only have enough fuel in the north and centre of the country for the next six weeks,” Mark Kaye, the acting director of advocacy for Save the Children in Yemen, told The Independent. As well as no electricity for households and petrol for vehicles “that means no fuel for hospitals, who rely on generators for their work.”
The official UN death toll figures illustrate that almost 4,900 people have been killed since Saudi forces began their bombardment of Yemen late March. The UN aid chief has called the scale of human suffering “almost incomprehensible.”
READ MORE: UN condemns ‘virtual silence’ on civilian casualties in Yemeni conflict
Russia Should Ignore Washington’s Blind Arrogance on Syria
By Finian Cunningham – Sputnik – 17.09.2015
The trouble with arrogance is that it is intellectually blinding; and the trouble with being intellectually blind is that you fail to see your own contradictions – no matter how preposterous those contradictions may be.
The arrogant ones we are referring to here are the United States and its Western allies. In the past week, Washington has been up in arms about Russia’s decision to step up its military support for the government of Syria. The Americans are calling on Moscow for “clarification” and are getting all hot under the collar about what they say is unwarranted Russian support for the “regime” of Bashar al-Assad.
This finger-wagging from Washington comes at the same time that a US-led military coalition continues to bomb Syria for nearly 12 months.
This week, US warplanes striking Syria were joined by fighter jets from Australia for the first time in those operations, which are allegedly aimed at hitting the Islamic State terror group within the country. France and Britain are also expected to soon join the bombing runs inside Syrian territory.
Now hold on a moment. Let’s get this straight. The US and its allies have appointed themselves to carry out air strikes on a sovereign country – Syria – without having approval from the government of that country, or without a mandate from the UN Security Council.
Thus, the legality of these US-led air strikes – which have resulted in numerous civilian casualties – is therefore of highly dubious status, if not constituting flagrant violation of international law.
Yet the arrogant Western powers, led by the US, have the temerity to lecture Russia about its decision to supply weapons to the government of Syria.
As Russia’s Foreign Minister Sergei Lavrov pointed out, the military equipment being sent to Syria is consistent with long-standing and legal bilateral agreements between the two allied countries. Russia and Syria have been allies for nearly 40 years.
There is nothing untoward going on – unlike the Western aerial bombing campaign.
Russia’s President Vladimir Putin went further in defending the military aid to Syria by saying that it was necessary to help its ally “fight against terrorist aggression”.
For the past four years, the Syrian national army has been battling against an array of foreign mercenaries whose main formations comprise al Qaeda-linked terror groups, such as Al Nusra Front and Islamic State. Putin is correct when he says that the Syrian government forces are the primary fighting front against the jihadist terror networks.
If Western countries are serious about defeating these same terror groups – as they claim to be – then they should be supportive of the Syrian government, as Russia is.
America’s top diplomat John Kerry says that Russia’s support for Syria will “exacerbate and extend the conflict” and will “undermine our shared goal of fighting extremism”. His Russian counterpart Sergei Lavrov rightly dismissed Kerry’s objection as “upside-down logic”.
Arrogance not only blinds to contradictions; it evidently leads sufferers of the condition to speak nonsense.
Here’s how the New York Times this week reported the Russia-Syria development:
“The move by Russia to bolster the government of President Bashar al-Assad, who has resisted Mr. Obama’s demand to step down for years, underscored the conflicting approaches to fighting the Islamic State terrorist organisation. While Mr. Obama supports a rival rebel group to take on the Islamic State even as he opposes Mr. Assad, Russia contends that the government is the only force that can defeat the Islamic extremists.”
Note the arrogance laden in those words. With breezy casualness, the Western view is that the Syrian leader has “resisted Mr. Obama’s demand to step down for years”.
Again, just like the presumed “right” to bomb a sovereign country, it is an American presumed right to decide whether a leader of another state should stand down.
Who are the Americans or any other government to decide something that is the prerogative of the Syrian people? At this point, it should be mentioned by the way that the Syrian people voted to re-elect President Assad by a huge majority – nearly 80 per cent – in the country’s last election in 2012.
But here is the fatal contradiction in the logic of the US and its Western allies. According to the New York Times, Obama “supports a rival rebel group to take on the Islamic State even as he opposes Mr. Assad”.
That proposition is simply not true. In fact, it is delusional. Even the Americans have elsewhere admitted that there is no “rival rebel group” in Syria. After years of pretending that the West was supporting “moderate rebels” in Syria, the reality is that the war against the Syrian state has been waged by jihadist extremists covertly armed and bankrolled by the US and its allies, Britain, France, Turkey, Saudi Arabia and Qatar.
Former director of the US Defence Intelligence Agency, Lieutenant General Michael Flynn, in an interview with the Al Jazeera news channel back in July, candidly admitted that Washington was well aware that it was supporting the Islamic State and other terror groups as the main anti-government forces. It was a “willful decision” said Flynn because Washington wanted regime change in Syria.
Regime change, it needs to be emphasized, amounts to criminal interference in the internal affairs of a sovereign state. And regime change is something that Washington and its European allies are all too habitually complicit in, as with Afghanistan in 2001, Iraq in 2003, Libya in 2011 and Ukraine in 2014, to mention just a few.
From that “willful decision” by Washington, Syria has been plunged into four years of unrelenting war with a death toll of some 240,000 people. Over half its 24 million population has been displaced, with hundreds of thousands surging towards Europe in desperation. Terrorism has now become an even greater regional security problem threatening to tear other countries asunder through sectarian violence.
So, when Washington and its Western allies pontificate to Russia about terrorism and what to do or not to do in Syria, they are best ignored with the contempt they deserve. Arrogant, blind and criminal are not qualifications for international leadership.


