Author: Communication Department

Supported by TRIAL, several families of missing persons from Vogošća have just obtained justice before the UN. The Human Rights Committee now requests Bosnia and Herzegovina (BiH) to establish the fate and whereabouts of 13 missing persons, to bring to justice those responsible for the crimes, and to provide adequate compensation to the victims. TRIAL welcomes the UN decision and specifically calls on BiH to establish proper tools for providing adequate compensation to the families.

Thirteen cases won before the UN on behalf of families of disappeared

Four years ago, TRIAL filed complaints against BiH before the HRC on behalf of the families of 13 BiH citizens who went missing in 1992 after they had been detained and subjected to torture and enforced disappearance. The Human Rights Committee (HRC) has now declared BiH responsible for not having effectively investigated the arbitrary deprivations of liberty, ill treatments and enforced disappearances. The HRC now requests Bosnia and Herzegovina to:

·       establish the fate and whereabouts of the 13 missing persons,

·       bring to justice those responsible for the crimes,

·       ensure that the 27 relatives receive adequate compensation

·    amend the existing legal framework to make sure that compensation for relatives is not conditioned with obtaining a death certificate.

The 27 family members of the disappeared welcome these important UN decisions that put and end to a 20-year long quest for justice before domestic courts.

Bosnia and Herzegovina must do more to provide compensation to the victims

TRIAL nevertheless calls on the State to create and implement an efficient mechanism to provide adequate compensation to the victims, in accordance to its international obligations.

“The HRC’s decisions adopted following individual complaints from Bosnian citizens are a relatively new phenomenon. The first decisions of the Committee on Bosnia and Herzegovina have been rendered in 2013 only, and now 18 such condemnations of Bosnia and Herzegovina have already been made”, recalls Lejla Mamut, TRIAL’s Human Rights Coordinator in BiH. “Considering the large number of UN decisions that are still expected, especially regarding families of the missing persons, it is of the utmost priority that the State create and implement new tools and guidelines on how to ensure a full compliance with UN standards”, adds Lejla Mamut.

The victims of enforced disappearance

The cases concern the enforced disappearances of 13 nationals of BiH in the course of months May to June 1992 in the area of Sarajevo. Even though the 27 relatives of the missing persons reported the disappearances and called for justice and truth about their fates and whereabouts, two decades later, the relatives have no information about their missing family-members. Having exhausted all possibilities on the domestic level, the relatives turned to TRIAL to bring their cases before the UN.

The decisions

On 4 September, the HRC issued a decision on the Ibrahim Duric’s case. The HRC found BiH internationally responsible for the violation of several provisions of the International Covenant on Civil and Political Rights. The Committee noted that: “State party has not provided information to the applicants as to the status of the investigation of Ibrahim Duric’s disappearance, or as to the specific measures undertaken to investigate his disappearance and bring to justice those responsible“. Furthermore, the HRC reiterated that forcing relatives of disappeared persons to declare their family members dead in order to receive compensation constitutes a form of inhumane and degrading treatment.

On the same date, the HRC also issued a decision on the Selimovic and others case. The Committee declared that the State is responsible for not having effectively investigated the arbitrary deprivation of liberty, ill-treatment and enforced disappearance of the 12 men, and also for having subjected the 25 applicants to inhumane and degrading treatment because it has not unveiled the truth about the fate and whereabouts of their loved ones.

Context

30,000 people have been victims of enforced disappearance during the war in BiH from 1992 to 1995. According to the International Commission for Missing Persons and the International Committee of the Red Cross the fate of more than 8,000 victims remains unknown to date. Although it is one of the measures set by the HRC in previous cases, payment of adequate compensation to families has never been dully implemented in practice.

TRIAL and 19 local associations are presenting their recommendations in the framework of the Universal Periodic Review of the UN Human Rights Council.

Twenty-two years ago, 13 men were victims of enforced disappearances during the war in Bosnia and Herzegovina. Between 2008 and 2011, their relatives, with the help of TRIAL, submitted their cases to the European Court of Human Rights. Their fate and whereabouts remain unknown, although a few bones of four of them have been located and identified. Most of the perpetrators have not been judged, and no reparation has been offered. The European Court has nonetheless just ruled that Bosnia and Herzegovina has no responsibility in the way the cases have been handled. To the victims’ families, who now have nowhere else to turn to obtain the justice and redress that they have been waiting for over 20 years, the decisions resonate like a disavowal of their long struggle.

A seven-judge Chamber of the European Court of Human Rights (ECHR) in Strasbourg has decided not to examine the enforced disappearances of 13 Bosnian men in 1992 in the Prijedor area. Nearly six years after the first complaints were submitted by TRIAL on behalf of the families of the victims, the Court has recently rejected and declared them inadmissible. The Court found that Bosnia and Herzegovina (BiH) did not violate its obligations to investigate the crimes concerned and to prosecute and sanction those responsible.

The victims’ relatives and the NGOs supporting the case were hoping a judgment from the ECHR would set the standards that domestic authorities would have to follow in terms of investigating crimes committed during the war, locating and exhuming the mortal remains of missing persons, and ensuring reparation measures for their families.

Philip Grant, Director of TRIAL takes note of the ECHR decisions with great disappointment: “Thirteen men were forcibly disappeared in 1992. They left behind their wives, their children and their parents. While evidence shows that six of them have been killed during the Mount Vlašić Massacre, others were victims of indiscriminate killings. More than 20 years later, only few bones of four of these men have been found and no thorough investigation has been undertaken in this direction. If the ECHR considers the complaints ill-founded, who then will help to reveal the fate and whereabouts of the victims to their beloved ones? The families are still awaiting justice to be served and, until the fate and whereabouts of their loved ones are established with certainly, they will not be able to mourn them and move on with their lives“.

The decisions

On 3 June 2014 the ECHR issued a decision recently made public on the case Fazlić and others v. Bosnia and Herzegovina, dealing with 5 cases of enforced disappearances. The Court found that Bosnian authorities did all that could be reasonably expected given the special circumstances prevailing in the country. The ECHR noted that “it is evident that not all of the direct perpetrators of the many crimes committed within the context of the ethnic cleansing of the Prijedor area have been punished“. Nevertheless, it valued the fact that the ICTY and the State Court has convicted respectively 16 and 7 persons in connection with numerous crimes committed in the area.

On the same date, the ECHR also issued a decision on the case Mujkanović and others v. Bosnia and Herzegovina, finding that Bosnian authorities in this case also did all that could be reasonably expected given the special circumstances prevailing in the country up until 2005 and the large number of war crimes pending in local courts. The exhumation of the mortal remains of four of the applicants’ relatives was considered a significant achievement, as well as the identification of ten direct perpetrators by the State Court, the issuing of two international arrest warrants and the conviction of one perpetrator by the International Criminal Tribunal for the Former Yugoslavia (ICTY).

The plaintiffs

During the first months of the war ravaging BiH, 13 men were abducted from their families and taken to concentration camps. Evidence indicates that some of them were the victims of indiscriminate killings. Yet, their fate and whereabouts remain unknown, while only a few bones of four of them have been located and identified. More than 20 years afterwards, no thorough investigation has been undertaken by the authorities in order to locate the missing persons or bodies and to identify all those responsible for the crimes concerned, prosecute and sanction them.

Timeline of the cases

TRIAL represented the families of the victims in the proceedings before the ECHR. The applications were filed separately between 2008 and 2011. On 28 September 2012 the applications were merged in two separate cases and were at last communicated to the government of BiH. In January 2013 the government submitted its reply, challenging the admissibility and the merits of the cases. On 25 March 2013 TRIAL replied to the observations made by the government of BiH challenging the arguments put forward by the respondent State and reiterating the latter’s obligation to provide justice and redress to the victims. REDRESS and the World Organisation Against Torture (OMCT) were allowed to submit an amicus curiae brief to the ECHR in support of the applications.

TRIAL’s support to victims’ quest of justice in BiH

TRIAL represents more than 230 victims of enforced disappearance and extrajudicial killings of war in BiH before the ECHR and the United Nations Human Rights Committee and supports them in their quest to find the truth about what happened to their loved ones and to obtain justice and redress. Prior to the present decisions of the ECHR, the UN Human Rights Committee had reversely ruled that BiH had indeed violated the basic human rights of the applicants in five separate cases of enforced disappearance, one of them concerning crimes committed in the Prijedor area.

Civil society seeks justice for the first time before the African Commission for cases of extrajudicial killings that remained unpunished before the national judicial authorities. NGOs have submitted four complaints to the African Commission on Human and Peoples’ Rights. These include several cases of extrajudicial killings committed between 2010 and 2012.

Several extrajudicial killings mainly targeting political opponents have been committed in Burundi between 2010 and 2012. Such violations of the right to life which occurred outside the scope of any legal proceedings and involved State agents (referring here to the internationally accepted definition of extrajudicial killings) still remain largely unpunished. In this context, a group of NGOs composed of ACAT-Burundi, APRODH,FOCODE, FORSC and TRIAL and supported by Human Rights Watch submitted four complaints to the African Commission regarding the extrajudicial killings perpetrated against:

  • Mr. Jackson Ndikuriyo, found dead on August 27, 2010, near the Police station of Musigati, in the province of Bubanza, after being arrested by the police. He had been the subject of death threats emanating from State agents which intensified in the months leading up to his execution.
  • Mr. Audace Vianney Habonarugira, found dead on July 15, 2011 on the hill of Gasamanzuki in the town of Isare, province of Bujumbura rural, after being the target of an attempted assassination in March 2011 and receiving death threats orchestrated by state agents during several months.
  • Mr. Médard Ndayishimiye found dead on October 7, 2011 in the province of Rutana after being kidnapped and severely beaten in Gitega. His body showed signs of torture. He had been intensively harassed by police officers and had received death threats from State agents during the months prior to his execution.
  • Mr. Jean-Claude Ndimumahoro, found beheaded on July 3, 2012 in the town of Bugarama, province of Muramvya, after being detained for several days by the intelligence services in Gitega. He had been the subject of intense persecution and death threats by State agents in the months before his execution.

On behalf of the victims, the civil society seeks justice for the first time before the African Commission for cases of extrajudicial killings that remained unpunished before the national judicial authorities.

In light of the commemoration of the fifth anniversary of the assassination of the anti-corruption activist Ernest Manirumva on April 9, it is all the more necessary to continue the fight against impunity for such human rights violations in order to prevent crimes of this gravity to be committed again and preserve the hard-won peace in Burundi.

These NGOs have formally requested the African Commission to adopt provisional measures to protect the families of victims, witnesses and their supporters. The NGOs also urge the Burundian authorities to duly assume their responsibilities in protecting these people and respect their rights.

Since November 2011, fourteen cases revealing serious human rights violations in Burundi have been submitted to UN treaty-bodies protecting human rights, namely to the Committee against Torture and the Working Group on Arbitrary Detention, due to the passivity of the national judicial authorities to examine the victims’ allegations. While eleven cases are still pending before the Committee against Torture, the Working Group on Arbitrary Detention has already held in 2012 that the detention of Mr. François Nyamoya was arbitrary, thereby requiring that he be afforded a compensation and that other restrictions to his freedom of movement be lifted.

 

Update: Two complaints have been declared admissible by the African Commission on Human and Peoples’ Rights: the case concerning Mr. Médard Ndayishimiye in 2016 and the case concerning Mr. Jackson Ndikuriyo in 2018.

Nearly seven years ago, after a long-term effort, several NGOs denounced Erwin Sperisen to the Swiss authorities by stressing his responsibility in numerous and serious human rights violations. The Geneva Court rendered a significant judgment today, condemning the former Chief of Police of Guatemala to a life-sentence for 7 extrajudicial executions in 2006 in Guatemala. This conviction sends a strong signal that perpetrators of serious crimes – as high-ranking as they may be – are not immune from criminal sanctions; their victims – regardless of their origins – deserve to receive justice.

After a three-weeks trial and two days of deliberation, the Geneva Criminal Court rendered its verdict on June 6, 2014, condemning Erwin Sperisen to a life-sentence for the murder of seven inmates in 2006 while regaining control of the Pavón prison in Guatemala. Erwin Sperisen, however, is acquitted of his participation in the executions of fugitives from the El Infiernito prison, although the Court acknowledged the Guatemalan police’s cold blood killings of the inmates.

In one voice, TRIAL (Track Impunity Always), the World Organisation against Torture (OMCT), the Action by Christians for the Abolition of Torture (ACAT-Switzerland) and the Communauté Genevoise d’Action Syndicale (CGAS) hailed the conviction.

Philip Grant, Director TRIAL: “Today’s ruling shows that the ideal of justice pursued by so many, in Switzerland and in Guatemala, can be achieved. Despite the distance, despite the complexity of the case and despite intimidation, the determination of the many actors, here and there, has enabled justice to be served. The fight against impunity and for human dignity are the winners of today’s verdict.”

Gerald Staberock, OMCT Director: “Erwin Sperisen’s judgment is a historical moment, not only for the Geneva justice system, but also on a broader scale. His conviction demonstrates that impunity is no longer master, and that those responsible for such crimes can and should be punished. We hope that this judgment will also be a clear signal to the Guatemalan authorities that they should make every effort to end impunity and ensure that victims of human rights violations have access to impartial justice.”

Bettina Ryser, Secretary General of ACAT-Switzerland: “To date, of the 19 persons against whom Guatemala issued arrest warrants for these extrajudicial executions, five individuals – including Erwin Sperisen – have been convicted. Gradually, the courage of witnesses, victims, authorities and NGOs in Guatemala is paying off, even if the climate remains oppressive for both victims and human rights defenders. We hope that this verdict will be a step forward followed by many others in the fight against impunity.”

Chantal Woodtli and Claude Reymond of CGAS: “Carlos Vielman, former Guatemalan Minister of Interior and Erwin Sperisen’s direct superior, is currently under investigation in Spain. We hope that Mr. Sperisen’s conviction will quickly open the way for Mr. Vielmann’s trial in Spain.”

Background

The Trial

The trial was held from May 15 to June 6, 2014 before the Geneva Criminal Court, composed of seven judges. About 15 witnesses were called to testify during the two weeks of hearings. Among them, a French eyewitness – a former inmate of the Pavón prison; representatives of the Guatemalan military and police; investigators of the International Commission against Impunity in Guatemala (CICIG); a forensic pathologist; subordinates of Mr. Sperisen, as well as the former Mayor of Guatemala City. The Prosecutor, Yves Bertossa requested a guilty verdict and a sentence of life in prison, while Alexandra Lopez and Alec Reymond’s, lawyers representing the plaintiff (the mother of one of the victims) followed with pleas for justice. The defence attorneys, Florian Baier and Giorgio Campa pleaded for acquittal. Today’s judgement can still be appealed.

The Procedure and the arrest

Seven years ago, a coalition of NGOs denounced Erwin Sperisen to the judicial authorities for atrocities committed between 2004 and 2007, including the extra-judicial killings for which Mr. Sperisen was being tried. This coalition of NGOs campaigned tirelessly to Geneva’s prosecuting authorities for an investigation against this dual Swiss-Guatemalan national who lives in Geneva. On August 31, 2012, under the orders of Geneva’s Attorney General, Erwin Sperisen was finally arrested.

As a Swiss citizen, Erwin Sperisen could not be extradited to Guatemala. Therefore, the canton of Geneva was alone competent to investigate the case. During the preliminary hearings, Mr. Sperisen was heard 11 times by Geneva’s Attorney Genera. 14 witnesses traveled from France, Guatemala and Spain and four rogatory commissions (international legal assistance requests) were sent to Austria, Spain and Guatemala. The investigation convinced the Geneva Prosecutor of Erwin Sperisen’s criminal responsibility. In January 2014, he decided to bring the accused before Geneva’s Criminal Court for the murder of 10 people in Guatemala, including the summary execution of seven detainees during a military operation at Pavón prison in September 2006, as well as that of three inmates who escaped from the Infiernito prison in 2005.

The Context

This ruling comes at a crucial time in Guatemala: only a year ago, the Guatemalan Constitutional Court annulled the sentence against former President Efraín Ríos Montt for crimes against humanity and genocide. Several important figures of the judiciary have also been replaced or sanctioned. The adoption of recent resolutions restricts even further the possibility for the conflict’s victims to obtain justice (see Amnesty International’s press release for more details). Human rights defenders all agree that intimidation practices and subordination have returned. Today Impunity reigns in Guatemala.

Visit the website dedicated to this or follow the hashtag #Sperisen or #JuicioSperisenfor Spanish speakers

Last May, the President of Nepal passed a deeply flawed Truth and Reconciliation Commission Act. Violating human rights law standards, this Act raises great concerns, as it will contribute to further entrench impunity in Nepal.

TRIAL calls for amendments to be made and reminds that current Nepalese transitional justice mechanisms are totally inadequate as they:

  • force reconciliation between victims and perpetrators
  • grant amnesty to the perpetrators of crimes under international law

Moreover, the prosecution mechanisms for crimes committed during the war prevent any kind of criminal liability for the perpetrators.

Providing a detailed analysis of the Act’s main flaws, TRIAL calls on UN human rights bodies to demand that the Nepalese government amends the Act to ensure that the transitional justice process guarantees victims’ rights and finally delivers truth, justice and reparations.

TRIAL, along with eight associations from Mexico and Central America, has submitted a report (available in Spanish too)  to the UN Committee on Enforced Disappearances(CED).

It aims at reminding Mexico of its legal obligation under the International Convention on the Protection of All Persons from Enforced Disappearance. Even though the State is party to this treaty since 2008, it is yet to adopt a number of measures to fully implement it. Consequently, enforced disappearances continue to be perpetrated.

As much remains to be done, the report highlights the following weaknesses in Mexico’s legal framework:

  • no adequate criminal legal framework to prevent and punish enforced disappearance has been adopted
  • no unified database on disappeared persons exists to facilitate investigations as well as access to justice and reparations
  • families of disappeared migrants face considerable obstacles and are denied the status of victims
  • the lack of effective legal cooperation and mutual assistance between Mexico and neighboring countries

TRIAL calls on the CED to prompt Mexico to adopt effective measures to tackle this issue without further delay.

The United Nations has just adopted a landmark decision condemning Libya for the enforced disappearance of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif, two high-ranking political opponents of Colonel Gaddafi’s regime whose fate and whereabouts remain unknown since 1990.

If this decision doesn’t disclose the truth on the final fate of the two political leaders, it however acknowledges a relentless 24-year struggle carried out by the families of the disappeared.

Their sons, Hisham Matar and Youcif Almegaryaf, along with TRIAL, welcome this long-awaited step and urge Libya to turn the page on this dark chapter of human rights violations by undertaking all measures to shed light on the fate of their fathers and thousands other missing persons.

Libya has now 180 days to take action and inform the UN Human Rights Committee on the measures taken to implement the decision, in particular to:

  • unveil the truth on the fate of the two victims
  • prosecute and sanction those responsible for the crimes concerned
  • provide compensation to the relatives of Mr. Al-Maqrif and Mr. Matar

In June 2014, TRIAL, together with Advocacy Forum – Nepal and REDRESS, submitted a report providing an analysis of the conformity with international standards of the provisions of the recently enacted Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071 (11 May 2014) to several UN Special Procedures.

TRIAL requested the Special Rapporteur on Truth, Justice, Reparation and Guarantees of Non-Recurrence, the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Special Rapporteur on Violence against Women, its Causes and Consequences to call on Nepal to amend the TRC Act before the commissions are established under the present version of the Act.

On 3 January 2007 Nepal ratified the  Optional Protocol to the Convention on the Rights of the Child on the involvement of Children in Armed Conflict (OPAC). On 15 October 2012 Nepal presented to the Committee on the Rights of the Child its Initial Report (CRC/C/OPAC/NPL/1) pursuant to Article 8, para. 1, of the OPAC.

On 26 June 2014 TRIAL submitted an alternative report to the Committee containing information regarding the implementation of the OPAC by Nepal. In particular, the report focused on the obligations contained in Articles 1, 2, 4 and 6 of the OPAC concerning the prohibition and prosecution of crimes related to the involvement of children in armed conflicts. An executive summary is available.

On 20 October 2014, the Committee issued its “List of issues in relation to the report submitted by Nepal under article 8, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict” (CRC/C/OPAC/NPL/Q/1), whereby Nepal was requested to submit its written responses by 15 March 2015.

Between the submission of the June 2014 report and the scheduled date of the interactive dialogue, 22 May 2015, several events took place in Nepal. TRIAL updated the Committee on these developments through an update report submitted on April 2015.

Following the earthquake in April 2015, the review of Nepal by the CRC was postponed to May 2016. In this context, TRIAL submitted a second update report to provide the Committee with complementary information.

Geneva, London, May 19 2014 – The United Nations has adopted a landmark decision condemning Libya for the enforced disappearance of two high-ranking political opponents of Colonel Gaddafi’s regime. The complaints regarding the cases of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif were filed by NGO TRIAL on behalf of the sons of the disappeared. Hisham Matar and Youcif Almegaryaf, along with TRIAL, welcome this long-awaited decision. They urge Libya to turn the page on this dark chapter of human rights violations by undertaking all measures to shed light on the fate of their fathers and thousands other missing persons, as well as ensuring that it will never happen again.

The Swiss NGO TRIAL (Track Impunity Always) filed two complaints before the United Nations Human Rights Committee (HRC) in November 2010 on behalf of Hisham Matar and Youcif Almegaryaf, sons of two high-profile opponents to Colonel Gaddafi’s regime, Izzat Yousef Al-Maqrif and Jaballa Hamed Matar.

The HRC has now released a joint decision on these cases, concluding that Libya violated several provisions of the International Covenant on Civil and Political Rights– one of the UN’s most important human rights conventions. In particular, the right to life, to personal liberty, to humane treatment and the prohibition of torture.

If this decision does not disclose the truth on the final fate of the two political leaders, it acknowledges a relentless 24-year struggle carried out by the families of the disappeared.

Libya has 180 days to take action and inform the UN on the measures taken to implement the decision. The victims’ families will closely follow-up the process.

“This is the first time that an international body has confirmed what we have been saying for the past twenty-four years: namely, that the Qaddafi regime was responsible for the abduction, imprisonment and disappearance of my father, Jaballa Hamed Matar. My family welcomes the HRC decision and is tremendously grateful to the hard work, professionalism, and perseverance of TRIAL. It is now imperative for the new Libyan authorities to conduct a thorough investigation on the whereabouts of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif”, said Hisham Matar.

“Since the 2011 revolution, Libyan authorities have expressed their intent to cooperate with UN human rights mechanisms, but we, victims of human rights violations, need more than words. Libya must comply with its international law obligations and take measures to ensure these violations never recur”, said Youcif Almegaryaf.

TRIAL calls on Libya to swiftly implement the Committee’s decision.

“Libya must with no further delay unveil the truth on the fate of the two victims, prosecute and sanction those responsible for the crimes concerned, and provide compensation to the relatives of Mr. Al-Maqrif and Mr. Matar”, said Philip Grant, Director of the organization.

Background information

Jaballa Hamed Matar and Izzat Yousef Al-Maqrif

The enforced disappearances of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif, two high-ranking members of an opposition party operating abroad, took place in the context of the repression implemented by the Libyan government against members of those groups.

Both men had been living in exile in Egypt since the mid 1980’s when they were arrested by Egyptian security forces in March 1990 and handed over to Libyan officials, before being exfiltrated to Libya.

Neither Jaballa Hamed Matar nor Izzat Yousef Al-Maqrif were ever taken before a judge nor charges were brought against them. They have never since been seen again by their family.

Despite all evidence, Libya has constantly denied having arrested and secretly imprisoned Jaballa Hamed Matar and Izzat Yousef Al-Maqrif. However the two opposition figures have managed to clandestinely smuggle out letters from Abu Salim prison to their families until 1995.

Until the recent HRC decision, no full investigation has taken place and Libya still has not acknowledged its involvement in these enforced disappearances. Without any possibility to obtain information about their whereabouts and to legally challenge the Libyan State, Hisham Matar and Youcif Almegaryaf turned to TRIAL in 2010.

In May 2014 TRIAL and 8 associations from Mexico and Central America submitted an alternative report to the UN Committee on Enforced Disappearances (CED). It concerns the implementation by Mexico of its obligations under the International Convention on the Protection of All Persons from Enforced Disappearance. Mexico is a party to this treaty since 18 March 2008 and it must adopt a number of measures to fully implement it. Much remains to be done, while enforced disappearances continue being perpetrated in the country.

In April 2014, TRIAL has submitted a complaint to the United Nations Human Rights Committee (HRC) on behalf of a victim of arbitrary arrest, torture and enforced disappearance in Nepal.

 

Arbitrarily arrested, disappeared and tortured

Amrit Kandel, a Nepalese citizen, was arbitrarily arrested in Kathmandu on 10th October 2003 during the armed conflict that ravaged the country in the years 1996-2006. He is one of the 1,300 alleged victims of enforced disappearance reported by the Office of the High Commissioner for Human Rights (OHCHR).

After being arrested by soldiers, he was conducted to the sadly notorious Maharajgunj barracks run by the Bhairabnath Battalion of the Royal Nepalese Army, where hundreds of individuals were submitted to severe ill treatment and torture according to a report of the OHCHR.

His detention conditions were inhumane. Until now, nobody knows about Amrit Kandel fate and whereabouts.

The struggle to obtain justice

For a decade, Amrit Kandel’s family has undertaken all possible actions to find him. From meeting with public authorities to filing complaints with the National Human Rights Commission and the Supreme Court of Nepal, they have used all means at their disposal, but the fate and whereabouts of Amrit Kandel remain unknown. The absence of investigation from the authorities led the family to lose hope in the Nepalese legal system.

In 2012 TRIAL started to work on this case. The NGO has submitted in April 2014 a complaint to the UN Human Rights Committee, on behalf of Amrit Kandel’s family. TRIAL requests the Committee to acknowledge the many human rights violations suffered by Amrit Kandel, to investigate the case and prosecute the perpetrators, and to ensure adequate reparative measures are taken as well as guarantees of non-repetition of such crimes.

For Amrit Kandel’s family, this complaint to the UN is its only chance to obtain truth, justice and redress. The case is currently pending before the Human Rights Committee.

Today, the Geneva judicial authorities have announced the date of Erwin Sperisen’s trial. The former police chief of Guatemala is accused of the murder of ten persons. He will be tried by Geneva Criminal Court from as of May 15th. This trial marks a significant stage in the fight against impunity.

It represents the final chapter in a long and difficult struggle on the part of the NGOs to bring justice to the victims’ families.

Erwin Sperisen is the former head of the PNC, the National Civil Police of Guatemala. About six years ago, a coalition of NGOs brought a legal case against him for atrocities committed between 2004 and 2007. These included extrajudicial killings, torture, enforced disappearances and sexual violence. The coalition of NGOs that brought the case subsequently campaigned for the Geneva judicial authorities to conduct an enquiry against the Swiss-Guatemalan dual national residing in Geneva. On 31 August 2012, Erwin Sperisen was finally arrested on the orders of the Public Prosecutor’s Office of Geneva.

Since then, the defendant has appeared before the Public Prosecutor on 11 occasions. No fewer than 14 witnesses have travelled from France, Guatemala and Spain, and four international legal assistance requests have been sent to Austria, Spain and Guatemala. The enquiry clearly convinced the Public Prosecutor of Erwin Sperisen’s criminal liability, as it was decided in January that the accused would be tried by the Geneva Criminal Court for the murder of ten persons.

The former Guatemalan police chief must now answer for his involvement in :

  • the summary execution – wich was made to look like a confrontation- of seven detainees at Pavón prison in 2006, during an police operation run by Erwin Sperisen and his forces.
  • the summary execution in 2005 of three prisoners who escaped from Infiernitoprison.

For the NGOs, the trial itself already represents a victory against impunity.

Speaking on behalf of the Coalition, Philip Grant, Director of TRIAL, and Gerald Staberock, Director of the OMCT, said ‘The quest for justice pursued by the victims’ families for so many years has not been in vain. This trial shows that there is still hope for the victims of persecution in Guatemala. It also sends a very clear signal to those responsible for such crimes who thought that they were beyond justice.’

Bettina Ryser, General Secretary of ACAT-Suisse, added ‘The Coalition will not play an active role during the trial, but we will be following its progress very closely. We will let the Court do its work, and we have every confidence that Erwin Sperisen will receive a fair and unbiased trial.‘

Chantal Woodtli and Claude Reymond of CGAS concluded ‘We hope that this trial can finally shed a light on the tragic events of which Erwin Sperisen is accused, and deliver justice to the victims.‘

Context

In 2008, the first criminal accusations were filed against Erwin Sperisen at the Geneva Public Prosecutor’s Office by three organisations. These were CGAS (Geneva Association for Trade Union Action), ACAT-Suisse (Swiss section of Christian Action for the Abolition of Torture), and the trade union Uniterre. TRIAL and the OMCT filed an additional criminal charge in 2009.

The Coalition initially wanted to bring to light the use of extrajudicial executions, enforced disappearances, torture and sexual violence by the Guatemalan police between 2004 and 2007. These included the massacres at Infiernito and Pavón prisons as well as the massacre of nine peasants during the eviction from the Nueva Linda farm in 2004, but the judicial authorities considered only the two firsts.

Erwin Sperisen cannot be extradited to Guatemala, as he holds Swiss nationality. Being a resident of the canton of Geneva, the latest has therefore exclusive jurisdiction on the case.

Further information

  • For French speakers, visit the dedicated website ( soon translated into English )
  • For French and Spanish speakers, follow the hastags #processperisen and #juiciosperisen

The French police have arrested Bosnian Serb citizen Radomir Šušnjar, a former member of a paramilitary group in Bosnia, wanted for war crimes. TRIAL led an investigation on this case since 2012, located the suspect and informed the French and Bosnian authorities. The arrest was carried out on April 4 at the request of Bosnia and Herzegovina’s authorities.

War crimes comitted in Višegrad

The Bosnian Prosecutor’s Office stated that Šušnjar is suspected of taking part in the June 1992 killing of 59 Bosniak civilians in Pionirskastreet in the eastern town of Višegrad. Victims -mostly children, women and elderly- were locked into a house, which was then set on fire. Those who attempted to flee were shot at.

The killings in Višegrad were carried out by Serb forces on the local Bosniak population during the war. The Hague Tribunal already sentenced several Bosnian Serbs to decades in prison for the Višegrad killing spree. Among them, the paramilitary group leader Milan Lukić,has been sentenced to life imprisonment in 2009 for the commission of crimes against humanity.

A step forward for justice

Šušnjar was one of the very last one alleged author of these crimes not been brought to justice yet. His arrest is an important victory for the victims from Visegrad.

In a public statement, the prosecutor’s office said that “Šušnjar’s arrest is a clear message to all war crimes suspects that the Bosnian prosecutor’s office and police agencies will find and prosecute suspects wherever they hide, all in the interest of the rule of law, peace and reconciliation in Bosnia and Herzegovina“.

According to TRIAL, this significant news confirms a widespread Bosnian saying that justice is slow, but reachable: “This arrest recalls that perpetrators of the most serious war crimes who still enjoy impunity outside of Bosnia and Herzegovina won’t escape justice, be it through their arrest and extradition to BiH, or their prosecution under universal jurisdiction.“, said Adrijana Hanušić, TRIAL legal advisor in BiH.

Šušnjar should “soon” be extradited to Bosnia to stand trial. He could face charges of crimes against humanity and a minimum sentence of 10 years in prison.

Context

More than 100,000 people were killed during the Bosnian war, which also turned half of the country’s population of 4.3 million into refugees.

TRIAL has been working along with victims of war crimes in BiH since 2008, by providing them with legal assistance both at the local and international level. To date, TRIAL represented more than 230 victims by filing over 80 proceedings before international bodies (European Court of Human Rights and the UN Human Rights Committee) and national bodies and contributed to the submission of 50 cases to the Constitutional Court of Bosnia and Herzegovina.

In April 2013, TRIAL submitted an alternative report to the UN Committee against Torture.

The report analyses the state of implementation of the Convention against Torture by Kenyan authorities and it focuses in particular on the human rights situation prevailing in Kenya’s Mont Elgon disctrict, notably the massive violations committed there in 2008 and the enduring and complete state of impunity that still lingers.

Bosnia has recently released more than a dozen convicted war criminals following a ruling by the European Court of Human Rights in July 2013. Among these criminals, six took part in the 1995 Srebrenica massacre. In response, three NGOs -TRIAL, the Association Movement of Mothers of Srebrenica and Žepa Enclaves and the Women’s International League for Peace and Freedom- use the only opportunity for the victims’ voice to be heard and taken into account, by submitting today a legal brief (amicus curiae) to the Constitutional Court. The text analyzes the case of one of the perpetrator of Srebrenica genocide in 1995, considering that his conviction to 24 years in prison did not violate his rights. The NGO calls on the Constitutional Court to reject his appeal.

“It is the duty of Bosnia and Herzegovina to ensure adequate and proportional punishment for the gravest crimes in international law and effective protection of victims from further violence and intimidation. The Constitutional Court should reject Ivanović’s appeal” said Adrijana Hanušić, TRIAL legal advisor in BiH.

Following a ruling by the European Court of Human Rights from July 2013, the Constitutional Court of Bosnia and Herzegovina annulled the conviction of more than a dozen war criminals and persons responsible for genocide finding that they had been tried under a more stringent criminal code (from 2003) than the one (from 1976) in force when the crimes were committed.

For example, Željko Ivanović was convicted last year to 24 years in jail for his participation in the crimes committed in Srebrenica. But in his appeal, Ivanović asks the Constitutional Court to quash his conviction and to order a new decision to be taken by the BiH Court in application of the 1976 code. The Court will rule on his appeal in the coming weeks.

The survivors of Srebrenica and their loved ones were outraged and dismayed at the release of the convicted criminals. Some of the perpetrators went back home and were celebrated as heroes by local authorities.The wounds of the victims have been reopened and the disillusion toward the justice system has reached its peak.

Munira Subašic, president of the Association of Mothers of Srebrenica who lost 22 family members in the massacre, said: “I feel like a victim again. I live in constant fear as I know that I can cross paths with my tormentors at every moment again”.

In response, TRIAL, the Mothers of Srebrenica and Žepa Enclaves and theWomen’s International League for Peace and Freedom are submitting an amicus curiae (legal brief) to the Constitutional Court as this represents the only opportunity for the victims’ voice to be heard and taken into account in the pending proceedings.

The legal brief rejects the arguments put forward by Ivanović: “It is the duty of Bosnia and Herzegovina to ensure adequate and proportional punishment for the gravest crimes in international law and effective protection of victims from further violence and intimidation. The Constitutional Court should reject Ivanović’s appeal” said Adrijana Hanušić, TRIAL legal advisor in BiH.

  • Read the amicus curiae submitted by TRIAL, the Mothers of Srebrenica and Žepa Enclaves and WILPF

In March 2014, the UN Human Rights Committee (HRC) reviewed Nepal’s compliance with its obligations under the International Covenant on Civil and Political Rights.

In this perspective, TRIAL and its partners submitted an “alternative report” to the HRC to assist a Country Task Force on Nepal ahead of its adoption of a List of Issues concerning Nepal in July 2013 at its 108th session.

The report focuses on impunity for serious human rights violations during the period of conflict in Nepal as well as ongoing violations in the post-conflict period, and the obstacles faced by victims in accessing justice, truth and reparation. It documents the overall failure of Nepal to protect and ensure the right to life (Art. 6), the prohibition of torture (Art. 7), the right to liberty and security of person (Art. 9), the right of detainees to be treated with humanity and dignity (Art. 10), the right to recognition as a person before the law (Art. 16), the rights of the child (Art. 24) and the right to an effective remedy (Art. 2.3).

On 28 March 2014, the HRC adopted its Concluding Observations on Nepal (CCPR/C/NPL/CO/2) containing a number of recommendations. The HRC requested Nepal to provide, within one year (i.e., on 28 March 2015), relevant information on the implementation of the recommendations made in paragraphs 5, 7 and 10. On March 2015, TRIAL and its partners submitted a report with updated information on the implementation of these recommendations. An executive summary is available here.

TRIAL submitted a complaint to the UN Human Rights Committee, on behalf of a Nepalese citizen, Mr. Prashanta Pandey, on a case of his torture and violations of the right to a fair trial perpetrated in the Terai by Nepalese authorities.

Arbitrarily arrested, disappeared and tortured

Prashanta Pandey, a citizen from Terai, was arbitrarily arrested on 7 April 2011 by three police officers from the Ruphandehi District Police Office without being informed of the reasons and without any arrest warrant. He was brought to Lumbini Zonal Police Office and subjected to repeated interrogations, torture and severe ill-treatment, in order to extract from him a confession on his alleged involvement in the planning and execution of a bomb-explosion perpetrated on 27 March 2011, in which he always denied having any implication.

During his detention with the police, Mr. Pandey was repeatedly beaten, kept constantly blindfolded and handcuffed, insulted and threatened. He was even forced to urinate on a live electric heater, provoking a shock that made him bleed from his genitals and faint. He never received any medical treatment or attention.

Exhausted and prostrated Mr. Pandey signed a confession extorted through torture on 13 April 2011. Between 7 and 11 April 2011, he was held incommunicado. While his mother was struggling to determine his fate and whereabouts, Nepalese authorities denied having knowledge of his deprivation of liberty and deliberately concealed his whereabouts. It is only after Mr. Pandey signed this confession that he was allowed to communicate to the outside world. Newspaper articles were published and he was labeled as a terrorist and a murderer.

Today, as a consequence of the many torture endured, Mr. Pandey still suffers of a grave form of depression and sexual dysfunctions.

Prashanta’s Release after one year and his struggles for justice

On 13 June 2012, the Rupandehi District Court held that there was no evidence of Mr. Pandey’s involvement in the placement of the bomb. He was however declared responsible for the preparation of the attack and sentenced to one year’s imprisonment, which he had already spent during the trial and was thus released. The confession obtained through torture was considered as valid evidence.

He ultimately submitted a complaint to the Supreme Court of Nepal on 23 January 2013, seeking relief and requesting the latter to order that the 35-day statute of limitations is not applied to his case. The claim is still pending before the Supreme Court, but he has no real prospect of success, considering that the Court never disregarded the statute of limitations established under domestic legislation.

The UN Human Rights Committee has therefore been asked in the present complaint, to make a finding concerning the serious human rights violations suffered by the victim and to open a prompt, thorough and independent investigation into these alleged crimes, as well as to prosecute and sanction the perpetrators.

TRIAL calls on Mexico to investigate the massacres of migrants and to guarantee access to justice for the relatives

According to Mexico’s National Human Rights Commission, 170 migrants have been killed in the country since 2005, including the massive murder of 72 migrants in August 2013 in San Fernando, Tamaulipas. There seems to be a link between the murder of migrants, organized crime and the complicity of the police and other authorities. Migrant shelters have been the object of multiple attacks by the organized crime and have received insufficient measures of protection by the government. Migrants are afraid to take their cases before the police and there is a state of chronic impunity.

“Migrants in transit through Mexico continue being victims of extortion, enforced disappearances, kidnapping, theft, threats and arbitrary executions. Only in the second half of 2013, one association documented 110 attacks to migrants with no articulated response from the Mexican authorities“, says Gabriella Citroni, TRIAL’s Senior Legal Advisor.

 

In view of the forthcoming publication of the report on his mission to Mexico, TRIAL together with nine local associations submitted additional information to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions mainly focusing on arbitrary executions of migrant people.

The organizations subscribing the report share the view previously expressed by the Special Rapporteur that migrants are a group particularly vulnerable to executions. They have also identified several issues of concern that they consider should be taken up by the Special Rapporteur in his forthcoming final report, among them the need for the government of Mexico to:

  • ensure that cases of executions are investigated and that those responsible are identified, prosecuted and sanctioned
  • establish a unified register of persons victims of enforced disappearance ensuring that enforced disappearance of migrants is documented and its transnational dimension is taken into account
  • establish mechanisms for searching disappeared persons that are effective and conceived with a transnational scope
  • facilitate access to justice for survivors of executions, their relatives and witnesses, in particular in the case of migrants
  • ensure that they are protected from violence, threats of violence or any other form of intimidation
  • establish measures with a transnational scope for the identification of mortal remains of disappeared migrant persons and ensure they are transferred to their respective countries.

Mass graves along the “migrant route”

Mass graves have been found in the cities lying along the “migrant route” since 2010 and increasingly during 2013. While the graves contain the human remains of nationals and foreigners, the majority of those identified belong to migrants in transit to the United States and respond to the massive hijacking of buses whose passengers were executed.

“There is no denying that there has been participation, direct or as omission of State agents and public servants in the commission of these crimes. The strong ties between authorities and the organized crime facilitates the total impunity that exists with regard the crimes committee against migrants” adds Gabriella Citroni.

The Special Rapporteur will publish its final report on its mission to Mexico and present it to the UN Human Rights Council in 2014. The Special Rapporteur will take into account information provided to him by organizations of the civil society to compile its report.

Background

From 22 April to 2 May 2013, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions carried out his mission to Mexico. In his preliminary observations the Special Rapporteur referred to migrants as a group particularly vulnerable to executions and denounced the numerous deficiencies in investigating the massacre of migrants as well as the chronic impunity for the perpetrators.The associations submitting the report welcome these observations. However, persuaded that there are a number of other matters related to migrant persons victims of executions and their families that should be duly mentioned in the Special Rapporteur’s final report -to be presented to the Human Rights Council in 2014- the associations take the opportunity to present this further document to the Special Rapporteur, containing updated information and additional data.