Author: Communication Department

A key ruling by the Swiss Federal Criminal Court has given momentum to a war crimes case against the Swiss gold refining giant, Argor-Heraeus SA, alleged to have laundered millions of dollars of looted gold from the Democratic Republic of the Congo.

The three NGOs behind the Stop Pillage Campaign, the Conflict Awareness Project, Open Society Justice Initiative, and TRIAL, call on the UK and Jersey Channel Island authorities to follow suit and swiftly investigate the two British firms which were the primary traders of the gold at issue in the case.

To date, the London-based Hussar Services Limited and the Jersey Channel Island-based Hussar Limited, as well as their corporate directors, have evaded accountability for their central role in the lucrative transnational “blood gold” enterprise alleged in the complaint in Switzerland.

The Swiss court ruling from 24 January 2014 upheld the right of the prosecutor to search the premises of Argor-Heraeus SA and seize documents and computers. Stating that the strength of the evidence warranted such an action, the court rejected Argor’s subsequent legal challenge to the prosecutor’s right to conduct the search.

“This decision corroborates what we have always believed: that very serious suspicions weigh on Argor-Heraeus SA. This decision will now allow the authorities to continue the investigation, the results of which we will await with great interest,” said Bénédict De Moerloose, lawyer in charge of the case at TRIAL.

“Until governments such as the UK and Jersey Channel Islands start to hold their own firms and businesspersons criminally liable for the pillage of Congo’s natural resources, war profiteers who aid and abet atrocities and human suffering will continue with impunity,” said Kathi Lynn Austin, Executive Director of the Conflict Awareness Project.

The same evidence that prompted the Swiss Prosecutor in charge of war crimes to open a criminal investigation against Argor-Heraeus SA has been made available to the UK and Jersey Channel Island authorities. Kathi Lynn Austin of the Conflict Awareness Project conducted the investigation over a nine-year period while the Open Society Justice Initiative provided the blueprint for reviving the prosecution of pillage.

“We are heartened by the seriousness with which the Swiss authorities are pursuing the case as exemplified by this recent court ruling.  We urge UK and Jersey Channel Island law enforcement authorities also to pursue their investigation into the matter as rapidly as possible and, if warranted, prosecute those they conclude to be guilty of these war crimes,” said Ken Hurwitz of the Open Society Justice Initiative.

The Swiss court ruling from 24 January 2014 upheld the right of the prosecutor to search the premises of Argor-Heraeus SA and seize documents and computers -which the federal police did on 4 November 2013.

Stating that the strength of the evidence warranted such an action, the court rejected Argor’s subsequent legal challenge to the prosecutor’s right to conduct the search.

“The decision of the Swiss Federal Criminal Court corroborates what we have always believed: that very serious suspicions weigh on Argor-Heraeus SA. This decision will now allow the authorities to continue the investigation, the results of which we will await with great interest,” said Bénédict De Moerloose, lawyer in charge of the case at TRIAL.

The Swiss case is a milestone for international justice: for the first time since the immediate aftermath of WWII a corporation could be judged for complicity in the war crime of pillage.

For more information:

  • Stop Pillage Campaign website
  • About the Swiss legal complaint filed by TRIAL
  • CAP’s report on the Pillage of Congo Gold: A Case for the Prosecution of Corporate Crimes
  • OSJI’s publication on Corporate War Crimes: Prosecuting the Pillage of Natural Resources

The Swiss Federal Criminal Court (FCC) rendered a decision on the Argor case on January 24, 2014. It reveals that a search was conducted on the premises of the Swiss refining company on November 4, 2013, following the opening of proceedings on alleged aggravated money laundry and complicity in the looting of raw materials. Documentation and computers were seized on this occasion by the federal police.

 

” The decision of the FCC corroborates with what we have always believed : very serious suspicions weigh on Argor-Heraeus SA. This decision will now allow the authorities to continue the investigation, the results of which we will wait with great interest ” said Bénédict De Moerloose, lawyer in charge of the case at TRIAL.

Argor-Heraeus SA had appealed against this search, refuting the allegations against them. But the FCC considered fully justified the measures taken by the prosecuting authority (search and seizure), given the importance of the evidence provided by TRIAL.

The decision of the FCC also shows that Argor-Heraus SA has never been cleared by any authority, despite what the company has continued to claim.

Argor-Heraeus SA was denounced by TRIAL last November for having refined nearly three tonnes of gold, pillaged by an armed group during the war in the Democratic Republic of Congo.

Following this complaint, the Federal Prosecutor in charge of war crimes cases opened a criminal investigation against the company for aggravated money laundry and complicity in war crimes.

 

For more information:

WWW.STOP-PILLAGE.ORG

In February 2014, TRIAL and other 3 associations submitted a report (called ‘general allegation’ in the UN jargon) to the Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-Recurrence in order to prompt him to contact the Bosnian government on justice and accountability issues after the release and retrial of more than a dozen convicted war criminals between late 2013 and early 2014.

 

In February 2014, TRIAL and a coalition of five Bosnian associations of relatives of disappeared persons submitted a follow-up report to the Working Group on Enforced or Involuntary Disappearances to assess the status of implementation of the recommendations issued after the country visit and to highlight the remaining obstacles faced by relatives of disappeared persons and their associations.

Introduction

In May 2008, TRIAL submitted an individual communication to the United Nations Human Rights Committee on behalf of Mrs. Taous Azouz, acting on behalf of her son, Mohamed Lemmiz. The latter disappeared after having been arrested by members of the Algerian army. This incident occurred within the general context of the enforced disappearance of thousands of Algerian citizens at the hands of the army or various other security organs of the State between 1992 and 1998.

Members of the national army, acting under the responsibility of Major M’barek, kidnapped Mohamed Lemmiz on 30 April 1996 at around 5h30, while he was sleeping in his home, in the presence of several witnesses, including his mother.

He was taken to the Baraki barracks, and was apparently later seen at the Beni-Messous barracks. In any case, Mohamed Lemmiz has not come back to his family since the day of his arrest, and his relatives have been unable to learn anything about his fate, despite persistent attempts to do so.

Sahbi’s mother has turned to all the competent authorities in order to find him and ensure that he is put under the protection of the law.

In particular, Sahbi’s case was submitted to the Prosecutor of El Harrach, the Prosecutor of Alger, and the Military Prosecutor of Blida. Mrs. Azouz also contacted the Médiateur de la République, the Observatoire des droits de l’homme (ONDH), and the Minister of Justice. However, no serious inquiry on Mohamed Lemmiz’s disappearance has ever been undertaken.

Finally, Mohamed Lemmiz’s case was also submitted to the United Nations Working Group on Enforced or Involuntary Disappearances. This special procedure was also unsuccessful in clarifying the situation with respect to Lemmiz’s disappearance, since the Algerian State simply omitted to respond to the requests laid before it.

Furthermore, since the promulgation of Act n° 6/01 concerning the implementation of the Charter for Peace and National Reconciliation in February 2006, the family faces a legal barrier in bringing its case to justice. Any person who contravenes this Act faces a prison term, and Algerian tribunals are bound to declare such a case inadmissible.

The author of the submission therefore requests the Committee to recognise Mohamed Lemmiz as a victim of enforced disappearance. This crime affects the most fundamental rights guaranteed by the International Covenant on Civil and Political Rights(ICCPR). It is submitted that the situation gives rise to violations of articles 2 § 3, 6 § 1, 7, 9 §§ 1, 2, 3, and 4, 10 § 1, and 16 of the ICCPR in respect of Mohamed Lemmiz, and articles 2 § 3 and 7 of the ICCPR in respect of the author, as a result of the psychological suffering he has endured for so many years, caused by uncertainty as to the fate of her son.

The proceedings are currently underway before the United Nations Human Rights Committee.

 

The Decision

In August 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

The Committee held that Algeria violated Articles 6 § 1, 7, 9, 10 § 1 and 16 of the International Covenant on Civil and Political Rights taken alone or in conjunction with Article 2 § 3 of the Covenant with regards to Mr. Mohamed Lemmiz.

The Committee also held that Algeria violated Article 7 of the ICCPR, taken alone and in conjunction with Article 2 § 3 with regards to the victim’s family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Mr. Mohamed Lemmiz, to furnish his family with detailed information concerning the results of its investigation, to free him immediately if he is still being secretly detained or if, he is deceased, to return his mortal remains to his family.

Moreover, the Committee insisted on Algeria’s obligation to indict, try and sanction those responsible for the violations committed. Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured.

 

General Context

According to several sources, between 7,000 to 20,000 individuals have gone missing after being arrested or abducted by the various different Algerian security services as well as by government armed militias between 1992 and 1998.

Until today, none of the families of such victims of enforced disappearances has received any information concerning the fate of their loved ones. No investigations have been opened up as a result of complaints they have lodged or other procedures taken. Despite the fact that the perpetrators of the crimes and those behind them are well known, no one has been put under investigation or brought to prosecution.

 

Introduction

In June 2008, TRIAL submitted an individual communication before the United Nations Human Rights Committee on behalf of Ahmed Zerrougui, acting for his brother, Benattia Zerrougui. The latter was arrested on 1st June around 12 a.m., in Tiaret. He has since disappeared. This case comes within the general context of the enforced disappearance of thousands of Algerian citizens at the hands of the army or various other State security organs between 1992 and 1998.

Benattia Zerrougui holds a degree from the École nationale d’administration and had held the position of General Secretary at the Tiaret City Hall. He was arrested upon his arrival from Oran at the Tiaret taxi station, where his brother Ahmed was waiting for him. He was arrested by police agents wearing guns, hoods and the uniform of the security services of the wilaya, who had set up a check-point. They brought the victim by car to the police station situated some hundreds of metres away from the place of his arrest.

Since Benattia Zerrougui was arrested, his relatives have not managed to obtain official information about his fate, despite tireless efforts.

Members of the Zerrougui family, particularly the victim’s mother, appealed to all competent institutions in the hope of finding the victim and placing him under the protection of law. In particular, the Prosecutor of Tiaret was contacted, to no avail. The family wrote to several governmental and administrative institutions, amongst which the President of the Algerian Republic, the Mediator of the Republic, the Minister of Justice, and the National Observatory of Human Rights – Observatoire National des Droits de l’Homme (ONDH) –, in vain.

Moreover, since the enactment of Act No. 6/01 concerning the implementation of the Charter for National Peace and Reconciliation on February 2006, Mr. Zerrougui’s relatives face a legal prohibition on having recourse to any judicial body. If they were to do so, they would risk being convicted to prison terms. In addition, this law obliges any Algerian judicial authority to reject such a case.

The author of this submission requests the Committee to recognise Benattia Zerrougui as a victim of enforced disappearance. This crime affects the most fundamental rights guaranteed by the International Covenant on Civil and Political Rights (ICCPR). It is submitted that the situation gives rise to violations of articles 2 § 3, 6 § 1, 7, 9 §§ 1, 2, 3 and 4, 10 § 1 and 16 of the ICCPR in respect of Benattia Zerrougui, and articles 2 § 3 and 7 of the ICCPR in respect of the author, as a result of the psychological suffering that he has endured for so many years, caused by uncertainty as to the fate of his brother.

The procedure is pending before the United Nations Human Rights Committee.

 

The Decision

In August 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

The Committee held that Algeria violated Articles 6 § 1, 7, 9, 10 § 1 and 16 of the International Covenant on Civil and Political Rights taken alone or in conjunction with Article 2 § 3 of the Covenant with regards to Mr. Benattia Zerrougui.

The Committee also held that Algeria violated Article 7 of the ICCPR, taken alone and in conjunction with Article 2 § 3 with regards to the victim’s family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Mr. Benattia Zerrougui, to furnish his family with detailed information concerning the results of its investigation, to free him immediately if he is still being secretly detained or if, he is deceased, to return his mortal remains to his family.

Moreover, the Committee insisted on Algeria’s obligation to indict, try and sanction those responsible for the violations committed. Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured.

 

General Context

According to different sources, between 7,000 and 20,000 people have been arrested or kidnapped and then made to disappear by the different Algerian security services or by government-armed militias between 1992 and 1998.

To date, none of the families of the victims of these enforced disappearances have received any information on the fate of their relatives. No investigations have been initiated pursuant to the lodging of criminal complaints or other procedures. Although the identity of the persons who committed and planned these crimes is widely known, none of them has been prosecuted.

 

Introduction

In October 2008, TRIAL submitted an individual communication to the United Nations Human Rights Committee on behalf of Djelloul Larbi, acting in the name of his father, Djillali Larbi. The latter was arrested by the Algerian police on 25 May 1994. He was subsequently detained for three weeks in different local police stations, and was transferred to an unknown location on 13 June 1994. His family has not heard from him ever since. This case is to be put in the broader context of the disappearance of thousands of Algerian citizens at the hands of the army and the various security forces in the country between 1992 and 1998.

On 25 May 1994, as Djillali Larbi was on his way by taxi to Mechraa Sfa with his employee, Larbi Mraimi, to buy spare parts for his harvesting machine, he was arrested at a police roadblock that was installed at the entrance to the village.

Following his arrest, he was detained for five days at the Mechraa Sfa police station, where he was subject to torture, the marks of which were evidenced by his relatives during a visit, and was then transferred to the nearby police station of Mellakou.

On 8 June, he was driven to the Tiaret tribunal, but brought back to the police station on the same day, without having a hearing before the State Prosecutor, who merely ordered the policemen to « take him back ».

He remained in detention in Mellakou for five more days, until 13 June. During a visit by his son to the police station on the morning of 14 June, he was told that his father had been « transferred », but received no information on the new place of detention. Djillali Larbi’s relatives have heard nothing concerning his fate ever since.

From the day of his disappearance, they have relentlessly undertaken initiatives to find him. They have searched for him in all the police stations, barracks and military prisons in the region; they have written a complaint letter to the State Prosecutor of Tiaret, to whom they also paid several visits. They have contacted the Algerian League for the Defence of Human Rights, the local section and secretariat of Amnesty International, the Human Rights Observatory. They have contacted the Head of Security and the Wali of the Tiaret wilaya, the President of the National Advisory Commission for the Protection and Promotion of Human Rights and the President of the Republic. Despite all these efforts, Djillali Larbi’s family have not received any information whatsoever about the fate of their relative.

Moreover, the Larbi family is now faced with a legal prohibition to resort to any judicial measure after the promulgation in February 2006 of the Order 6/10 enforcing the Charter for Peace and National Reconciliation, and risks a prison sentence if it were to do so. In addition, any Algerian jurisdiction is duty-bound to dismiss any such case.

The author of the communication, Djelloul Larbi, son of the victim, requests the Human Rights Committee to take provisional measures demanding that the State party releases his father, if he is still detained.

The Committee is also requested to recognize Djillali Larbi as a victim of enforced disappearance, a crime that infringed his most fundamental rights, as guaranteed by theInternational Covenant on Civil and Political Rights (the Covenant). The author of the communication asks the Committee to recognize a violation of articles 2§3, 6§1, 7, 9 §§ 1, 2, 3 and 4, 10 § 1 and 16 of the Covenant in respect of Djillali Larbi, and of articles 2 § 3 and 7 in respect of Djelloul Larbi himself, for the mental suffering he went through during so many years of incertitude about the fate of his father.

The proceeding is now pending before the United Nations Human Rights Committee.

 

The Decision

In August 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

The Committee held that Algeria violated Articles 6 § 1, 7, 9, 10 § 1 and 16 of the International Covenant on Civil and Political Rights taken alone or in conjunction with Article 2 § 3 of the Covenant with regards to Mr. Djillali Larbi.

The Committee also held that Algeria violated Article 7 of the ICCPR, taken alone and in conjunction with Article 2 § 3 with regards to the victim’s family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Djillali Larbi, to furnish his family with detailed information concerning the results of its investigation, to free him immediately if he is still being secretly detained or if, he is deceased, to return his mortal remains to his family.

Moreover, the Committee insisted on Algeria’s obligation to indict, try and sanction those responsible for the violations committed. Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured.

 

General Context

7,000 to 20,000 persons, according to different sources, have been arrested or abducted by the various corps of the Algerian security forces, as well as by the government-armed militia between 1992 and 1998, and have been missing ever since.

Up to now, not one of the victims’ families has received any information about the fate of their relatives. Nor has any investigation has been initiated following the complaints and proceedings they tried to initiate, and although those who ordered or perpetrated these  crimes are well known, no one has ever been called to account or far less prosecuted.

 

Five Algerian victims of enforced disappearances have recently obtained justice before the UN as a result of TRIAL’s ongoing efforts. This brings the number of condemnations against Algeria by the UN Human Rights Committee (HRC) to about twenty but, so far, Algeria has taken no steps to implement these decisions. TRIAL calls on Algerian authorities to do everything possible to shed light on the fate of nearly 10,000 missing persons and punish the perpetrators of these crimes.

Five men, Djillali Larbi, Mohammed Lemmiz, Benattia Zerrougui, Nour-Eddine Mihoubi and Farid Faraoun disappeared during the Algerian civil war, at a time when thousands of persons were forcibly disappeared by the Algerian army, other State agents and armed groups.

The UN Human Rights Committee (HRC) recently published its decisions finding Algeria responsible for the enforced disappearance of its five nationals. TRIAL welcomes these decisions. The NGO has, to this day, filed twelve out of the about twenty cases which resulted in condemnations of Algeria by the HRC and recalls that seven other cases concerning Algeria are still pending.

“Since 2007, Algeria has been regularly condemned by the UN for the widespread human rights violations committed on its territory. It is high time for the Algerian government to uphold its international obligations and make every effort possible to shed light on the fate of thousands of its citizens still reported missing and punish those responsible for these atrocities” says Philip Grant, director of TRIAL.

The HRC decisions affirm that the enforced disappearances of Djillali Larbi, Mohammed Lemmiz, Benattia Zerrougui, Nour-Eddine Mihoubi and Farid Faraoun constitute a grave violation by Algeria of multiple rights enshrined in the International Covenant on Civil and Political Rights (ICCPR), and in particular:

  • the right to life
  • the right to freedom
  • the right not to be subjected to torture and other ill-treatment

The HRC requires Algeria to:

  • conduct thorough and effective investigation on those enforced disappearances
  • release the persons under consideration or, in case of death, return the remains to the families
  • prosecute, judge and punish those responsible
  • provide adequate compensation to the victims’ families.

Algeria must also guarantee the effectiveness of its domestic legal system with regard to the victims of torture, extrajudicial executions and enforced disappearances, and take measures to prevent such violations from recurring.

The victims:

Djillali Larbi was arrested by the Algerian police on 25 May 1994 and was detained for three weeks before being transferred to an unknown location on 13 June 1994. His family has not heard from him since then. In October 2008, TRIAL submitted an individual complaint to the HRC on behalf of the victim’s father.

In August 2013, the HRC issued its decision concluding that Djillali Larbi’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the décision (in French only).

Mohammed Lemmiz was kidnapped at dawn on 30 April 1996 by members of the Algerian army. To this day, he is still missing. In July 2008, TRIAL submitted an individual complaint to the HRC on behalf of the mother of the victim.

In August 2013, the HRC issued its decision concluding that Mohammed Lemmiz’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Benattia Zerrougui was arrested on the first of June 1995 around noon at Tiaret. He has been missing since then. In June 2008, TRIAL submitted an individual complaint to the HRC on behalf of the victim’s brother.

In August 2013, the HRC issued its decision concluding that Benattia Zerrougui’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Nour-Eddine Mihoubi was arrested during the afternoon of 27 January 1993 by members of the Algerian police. Since then, his family has never seen him again. In March 2009, TRIAL submitted an individual communication before the HRC on behalf of the victim’s mother.

In October 2013, the HRC issued its decision concluding that Nour-Eddine Mihoubi’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Farid Faraoun was arrested on 11 February 1997 around noon by security agents from the wilaya of Sidi-Bel-Abbes. He has not been seen since then. In May 2009, TRIAL submitted an individual communication against Algeria to the HRC on behalf of his wife, daughter and mother.

 

In October 2013, the HRC issued its decision concluding that Farid Faraoun’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

TRIAL has submitted a complaint to the UN Human Rights Committee, about the arbitrary detention, enforced disappearance and torture of Sarita Devi Sharma from 2003 to 2005 by state security forces, during the armed conflict in Nepal.

Disappeared and tortured

a002ab67f5Sarita Sharma was arbitrarily arrested on 20 October 2003, in Kathmandu by soldiers of the Royal Nepal Army. Sarita Sharma was brought to the infamous Maharajgunj barracks, headquarter of the Bhairabnath Battalion, where she was forcibly disappeared for 10 months and held in arbitrary detention for 10 more.

Throughout this time Sarita Sharma was kept in inhuman conditions of detention and subjected to severe torture, such as:

  • deprivation of food and water,
  • isolated detention,
  • severe beatings,
  • falanga and submarino (held under water until the very limit of suffocation).
  • psychological torture and ill-treatment:

Ms Sharma was also forced to listen to her brother screaming for pain while being beaten and received threats to her life as well as to her family.

She was suspected of involvement in Maoist-related activities due to the role of Secretary-General of the All Nepal National Independent Student Union Revolutionary covered by her brother, Mr. Himal Sharma, on whose behalf TRIAL has already submitted a complaint to the UN Human Rights Committee in the month of April 2013.

“No investigation whatsoever has been undertaken by Nepalese authorities into Sarita Sharma’s arbitrary detention, enforced disappearance and torture. All to the contrary, Nepal has once more shielded perpetrators from justice“, said Philip Grant, Director of the Geneva-based organisation representing Sarita Sharma before the UN Human Rights Committee.

 

While Sarita Sharma was disappeared her husband, Bijaya Sharma Paudel, undertook several efforts to seek for her but faced the State authorities’ constant denial of their involvement in her disappearance. The entire family suffered from her disappearance. To start with her husband, left alone with two young children also deeply affected by the constant interferences of soldiers in their family life.

Sarita Sharma was released on 30 June 2005, only after succeeding in making her condition public and after Bijaya Paudel lodged two habeas corpus petitions with the Supreme Court of Nepal.

 

Total impunity in Nepal for conflict-era crimes

These crimes took place during the internal armed conflict between the governmental forces of Nepal and Maoists insurgents. A report of the Office of the High Commissioner for Human Rights revealed in 2006 the shocking regime of incommunicado detention and torture at Maharajgunj barracks carried out by members of the Bhairabnath Battalion of the Royal Nepalese Army which led to hundreds of cases of torture and enforced disappearances.

The UN Human Rights Committee is now asked to make a finding concerning the serious human rights violations experienced by Sarita Sharma, her husband and son and to request Nepal to open a prompt, thorough and independent investigation into these alleged crimes, prosecute and sanction the perpetrators, according to the complaint lodged by TRIAL on 24 December 2013.

“This case also asks for the Human Rights Committee to call for the removal of the amnesty provision in the ordinance establishing the Commission for Investigation into Disappeared Persons, Truth and Reconciliation adopted in March 2013,” added Philip Grant. “For too long, justice has been delayed and denied – and now it might be put out of reach to victims like Sarita Sharma altogether if perpetrators are granted amnesty contrary to international law.”

The case of Sarita Sharma is the fifth individual complaint lodged by TRIAL concerning victims forcibly disappeared at Maharajgunj Barracks.

On December 11, 2013, TRIAL completed its first training program in Burundi on how to submit individual complaints before the UN treaty bodies. The eight lawyers and Human Rights defenders who graduated from this 15-month long training received their training diploma during an event organised in their honour with the support of the Human Rights and Justice Section of the United Nation Office in Burundi (BNUB).

This practical and demanding training began in June 2012, and enabled participants to develop a keen understanding of the various procedures before the UN bodies dealing with Human Rights protection. These Human Rights defenders prepared and drafted real cases concerning 24 victims for submission before the UN Committee against Torture and the UN Working Group on Arbitrary Detention.RTEmagicC_Burundi-formation_02.png

It is the first time ever that lawyers and Human Rights defenders from Burundi undertake legal proceedings before UN bodies. Backed by their knowledge of these procedures, they now represent the new legal forefront of those taking up the defence of victims of human rights violations.

Attorney Janvier Bigirimana, one of the training graduates, explained that “this training essentially contributed to strengthen national capacity to give Burundi new impetus in the fight against human rights violations.”

Orlane Varesano, TRIAL legal advisor in charge of TRIAL’s Burundi program declared: “this training represented a unique opportunity to convey expertise in victims’ defence through a practical and dynamic approach. The program required a significant commitment on the part of TRIAL but it was really needed. The encouraging results have prompted us to continue our efforts in this direction.”

The President of the Independent National Commission on Human Rights (CNIDH), the Representative of the UN High Commissioner for Human Rights in Burundi and Head of the Human Rights Section of the Justice from the BNUB – who opened the ceremony – the representatives of the diplomatic corps but also members of the Burundian civil society were all present to greet the participants’ successful involvement in the training program in the fight against impunity of serious human rights violations.

Enforced disappearances: Bosnia and Herzegovina must implement the UN Human Rights Committee’s Views in Case Prutina et al. vs. BiH says TRIAL.

Fikret Prutina, Huso and Nedžad Zlatarac, Safet Kozica, and Salih Čekić, were subjected to enforced disappearance in June 1992. Their fate and whereabouts remain unknown to date, while not all those responsible for the crimes concerned have been prosecuted and sanctioned.

The HRC delivered its views on this case 28 March 2013, finding several violations of the International Covenant on Civil and Political Rights. The Committee affirmed that BiH is under an obligation to consider the twelve relatives of the missing persons by:

• providing remedy, establishing the fate and whereabouts of the five missing men;

• continuing bringing to justice those responsible for their disappearance by the end of 2015;

• abolishing the obligation for family members to declare their missing relatives dead to benefit from social allowances;

• paying an adequate compensation.

“The prompt implementation of the recommendations on the Prutina, Zlatarac, Kozica and Čekić cases is tantamount to restoring citizens’ trust towards authorities and ensuring truth, justice and redress to people who have been struggling for them over the past twenty years” said Adrijana Hanusić, TRIAL Legal Advisor in BiH.

 

On 27 November 2013 TRIAL reported to the HRC on these cases, on behalf of the relatives of the five missing men, noting that there has been little progress on the case since then:

• A trial against one alleged perpetrator of the crimes is ongoing before the Court of BiH

• The amendment of the federal legislation concerning the obligation for family members to declare their missing relatives dead to benefit from social allowances is under consideration,

But the fate and whereabouts of the five men remain unknown and none of the relatives of the disappeared persons has obtained adequate compensation for the harm suffered.

“We will continue monitoring the enforcement phase and we will report to the HRC in six months, so that it remains seized of the matter until BiH implements its international obligations“, added Adrijana Hanusić.

TRIAL and eight local Mexican human rights organizations are submitting a report to the UN Committee Against Torture (CAT) assessing the measures taken by Mexico to comply with its obligations under the International Convention against Torture and other cruel, inhuman or degrading treatment or punishment.

 

The “war on drugs” initiated by former Mexican president, Felipe Calderón (2006-2012), claimed the lives of over 60,000 people. It is estimated that over 26,000 people disappeared in the same period. Human Rights Watch has considered this “the most severe crisis of enforced disappearance in Latin America in decades.”

According to government estimates over 26,000 people disappeared in Mexico between 2006 and 2012. Many of these involve migrants from Central America in transit to reach the United States. This group is particularly vulnerable to become victims of human trafficking and to abuse from authorities and their families face innumerable obstacles in the search for them. But according to the NGOs, Mexico hasn’t show significant progress to comply with its international obligations to the Convention:

  • The recommendations previously issued by the CAT have not been duly implemented.
  • The situation remains especially grave with regard to victims of enforced disappearance and their relatives, all the more when they are migrants.

“Despite reiterated recommendations issued by international bodies, there are not enough progresses in the investigation of cases of enforced disappearance, in the identification of those responsible and in their prosecution and sanction,” says Gabriella Citroni, TRIAL’s Senior Legal Advisor.

TRIAL and its partners highlight that in order to fully implement the Convention against Torture, Mexico must:

  • establish a unified register of persons deprived of liberty;
  • ensure that persons held in migrant-holding centres are granted measures of assistance and protection and that they can maintain regular communication with their loved ones;
  • 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 with a transnational scope;
  • facilitate access to justice for relatives of disappeared persons, in particular for migrants.

The situation of migrants subjected to enforced disappearance is particularly grave because neither Mexican authorities nor the authorities of the neighbouring countries count with any precise data on the exact number of victims of this crime. This makes it very difficult to implement an effective search and investigation.

“Relatives of disappeared people, and in particular of migrants, face significant obstacles in accessing justice. Often they are not recognized as victims and, especially when they live abroad, they cannot count on legal representatives before Mexican authorities“, adds Gabriella Citroni.

TRIAL welcomes the UN conclusions calling on Spain to do more to establish the truth on the fate and whereabouts of persons disappeared during the Civil war and Franco’s regime. Most of TRIAL’s recommendations were taken into account by the UN Committee on Enforced Disappearances. Spain has now one year to report on the measures adopted to reform its legislation and practices. TRIAL will closely monitor this process to make sure Spain meets its obligations under the International Convention on the Protection of All Persons from Enforced Disappearance.

In September 2013, TRIAL referred to the UN Committee on Enforced Disappearances (CED) the existing pitfalls in the Spanish domestic legislation on enforced disappearance and the many obstacles encountered by the thousands of relatives of victims of enforced disappearances begun during the Civil War and under Franco’s regime in obtaining justice and redress for the harm suffered and in establishing the truth on the fate and whereabouts of their loved ones.

On 15 November 2013 the CED made public its concluding observations, referring also to enforced disappearances begun during the Civil War and under the Franco regime. TRIAL’s Senior Legal Advisor, Gabriella Citroni welcomes these recommendations and recalls that: “Spain must now take legislative and practical measures to fully stick to its international obligations“.

These conclusions follow the first report ever submitted by Spain on the measures taken to give effect to its obligations under the International Convention on the Protection of All Persons from Enforced Disappearance. In particular, the CED recommends that Spain:

  • Codifies enforced disappearance as a separate offence under domestic criminal law, as well as enforced disappearance followed by the wrongful removal of children and the falsification, concealment or destruction of documents attesting their true identity.
  • Ensures that all enforced disappearances, including those begun during the Civil War and under Franco’s regime, are subjected to a thorough and impartial investigation, notwithstanding the time that may have elapsed from the beginning of the crime and even when no formal complaint has been filed.·
  • Considers the establishment of a commission of independent experts to ascertain the truth on gross human rights violations committed during the Civil War and under Franco’s regime.
  • Ensures legal assistance to other States parties to the Convention in connection with criminal proceedings, including the supply of all evidence at its disposal.·
  • Establishes the competence of Spanish tribunals to exercise jurisdiction over enforced disappearances.
  • Ensures that all victims of enforced disappearance obtain integral reparation and prompt, fair and adequate compensation for the harm suffered.
  • Searches and identifies minors that may have been subjected to wrongful removal, enforced disappearance, and falsification of their true identity.

“The recommendations issued by the CED represent a sound road-map for Spain to address thousands of enforced disappearances begun in the past and to prevent future violations. It is time to unveil the truth over those crimes and to put an end to impunity“, adds Gabriella Citroni.

Spain will have to submit information to the CED by 14 November 2014 on the measures taken to implement these recommendations. TRIAL urges Spain to take all necessary measures to enforce these recommendations without delay.

Context

  • Spain ratified the Convention on the Protection of All Persons from Enforced Disappearance on 24 September 2009.
  • Spain had to submit to the CED a report on the measures taken to implement its obligations under the Convention within two years from its entry into force on 23 December 2010.
  • The State’s report was submitted on 26 December 2012.
  • Spain argued that, while examining the report and formulating its observations, the CED would not be competent to consider enforced disappearances which begun before 23 December 2010 and that the articles of the Convention would be applicable solely to enforced disappearances which may have commenced after that date.
  • Enforced disappearance is a continuous crime that lasts until the State establishes with certainty the fate and whereabouts of the disappeared person. States are therefore under an obligation to continue investigations until the fate of the disappeared person has been clarified
  • During the Civil War and under Franco’s regime more than 100.000 people, including children, were subjected to enforced disappearance and their fate and whereabouts remain unknown.
  • To date those responsible for these crimes enjoy impunity, also thanks to an Amnesty Law adopted in October 1977.
  • Relatives of disappeared people continue claiming for justice, truth and redress.

In its alternative report to the CED, TRIAL indicated that Spain must:

  1. Codify enforced disappearance as a separate offence under domestic criminal law and eliminate the pitfalls in the codification of enforced disappearance as a crime against humanity.
  2. Remove legislative and practical obstacles for the application of universal jurisdiction over persons alleged to be responsible for enforced disappearances.
  3. Investigate, judge and sanction those responsible for enforced disappearances commenced during the Civil War and under the Franco regime.
  4. Afford legal assistance to other States in connection with criminal proceedings in respect to enforced disappearances.
  5. Bring the incommunicado detention regime in line with international law requirements.
  6. Define the notion of “victims of enforced disappearance” and the right to know the truth under Spanish domestic legislation.
  7. Remove legislative and practical obstacles to guarantee that all victims of enforced disappearance obtain integral reparation and prompt, fair and adequate compensation.
  8. Adopt measures to prevent and punish under domestic criminal law the enforced disappearance followed by the wrongful removal of children and the falsification, concealment or destruction of documents attesting their true identity.

Timeline

  • September 2013 TRIAL submitted an alternative report on Spain to the CED.
  • 4 November 2013 TRIAL’s representative meets with members of the CED to illustrate and discuss the contents of the alternative report during the 5th session.
  • 15 November 2013 The CED adopts its concluding observations on Spain, taking up most of the concerns raised and recommendations put forward by TRIAL.
  • 14 November 2014 Spain will have to submit follow-up information to the CED on measures taken to implement its recommendations.

TRIAL and its partners Open Society Justice Initiative and Conflict Awareness Project welcome the decision of the Swiss Federal Prosecutor to open a criminal investigation into the activities of the Swiss refinery company Argor-Heraeus SA for laundering of looted gold and complicity in war crimes.

This decision follows the filing of a denunciation against the Swiss company, by the NGO TRIAL (Track Impunity Always) on 1 November 2013. The Swiss association against impunity along with Open Society Justice Initiative and Conflict Awareness Project welcomes the opening of the criminal investigation by the Swiss Federal Prosecutor.

” The opening of the investigation is a strong signal to corporations fueling war. Countries at war are not law-free zones and impunity is no longer ensured to those who break the law. The private sector can also be held accountable “, said Philip Grant, Director of TRIAL.

” The Conflict Awareness Project is pleased that the Swiss Prosecutor is investigating Argor for criminal charges. For far too long, Argor has claimed that it was exonerated by the United Nations for its criminal involvement in the pillage of gold from Congo, which is not the case. The forensic evidence leaves no doubt that Argor was refining gold supplied by unlawful armed groups in the DRC “, said Kathi Lynn Austin, Executive Director of the Conflict Awareness Project.

” The Swiss Federal Prosecutor’s decision appears to be the first effort to hold corporate actors accountable for pillage and related offenses since the Second World War. This case goes far beyond Switzerland to the international commodity and financial markets. Companies who choose to trade directly or indirectly with unlawful armed groups must understand that they risk prosecution for the war crime of pillage “, said Kenneth Hurwitz, Senior Legal Adviser at Open Society Justice Initiative.

The three NGOs now await the result of the investigation with trust and great interest.

WWW.STOP-PILLAGE.ORG

 

TRIAL (Track Impunity Always) has submitted to the Swiss Federal Prosecutor a criminal denunciation against the precious metals refinery Argor-Heraeus SA. The Swiss anti-impunity NGO holds information suggesting that the company may have laundered pillaged gold. The investigation and the evidence gathered indicate that between 2004 and 2005, Argor-Heraeus SA may have refined almost 3 tons of gold that had been pillaged in the Democratic Republic of the Congo (DRC) by an unlawful armed group that financed its operations by trafficking in gold. According to TRIAL, the refinery knew or should have assumed that the gold resulted from pillage, a war crime. TRIAL therefore requests law enforcement authorities to open an investigation and to establish whether an offense has been committed, and if so, to sanction the company.

On 1 November 2013, TRIAL filed a complaint (dénonciation pénale) to the Swiss Federal Prosecutor supported by extensive evidence against the Swiss precious metals refinery Argor-Heraeus SA. The Swiss anti-impunity NGO suspects that the refinery may have committed « aggravated laundering » (under article 305bis of the Swiss Penal Code) when it allegedly refined pillaged gold from the DRC, the sale of which contributed to financing the operations of an unlawful armed group in a brutal conflict.

The complaint follows investigations into the DRC-sourced gold supply chain that were conducted in the years 2004-2005 by the United Nations Group of Experts on the Democratic Republic of the Congo, pursuant to its mandate to monitor the arms embargo on the country. All of the African businesses and businessmen implicated in this affair were severely sanctioned by the UN Security Council, while Western businesses and businessmen were not, notwithstanding recommendations from the Group of Experts that all participants in the illegal supply chain be sanctioned.

For Philip Grant, Director of TRIAL : « It is unacceptable that pillaged raw materials that are feeding violence in a brutal and horrific war should be refined and prepared for marketing in Switzerland, with total impunity. These practices run contrary to law, but without a clear signal from law enforcement authorities, they will continue. This complaint should serve as a reminder that corporations are subject to the law and must also be held accountable. »

In light of the evidence obtained up to 2012 by Kathi Lynn Austin – former investigator in the UN Group of Experts – TRIAL believes that Argor-Heraeus SA could not have been unaware of the criminal origin of the gold.

Accordingly, in refining almost 3 tons of gold pillaged from the DRC in less than a year, Argor Heraeus SA may have committed aggravated money laundering. « Even if Argor-Heraeus SA was able at the time to escape UN sanctions under the embargo, that does not mean that it did not violate Swiss law », said Bénédict De Moerloose, TRIAL’s lawyer in charge of the case.

Bénédict De Moerloose added : « For a long time we have been investigating the activities of Argor-Heraeus SA during the years 2004-2005, with regard to Swiss law, in particular, money laundering. Today, thanks to newly obtained evidence, our suspicions are sufficiently well grounded for us to refer the matter to the international criminal law department of the Federal Prosecutor’s office. It is now for them to determine if Argor-Heraeus SA should be criminally prosecuted for the alleged conduct. »

 

The Stop-Pillage Campaign

Supported by the joint forces of three NGOs dedicated to the struggle against impunity – TRIAL, Conflict Awareness Project (the NGO started by Kathi Lynn Austin), and the Open Society Justice Initiative – a broader campaign started in parallel of the filing of the complaint.

The Stop-Pillage Campaign seeks to raise public awareness in Switzerland and abroad regarding the impact of the pillaging of raw materials, its link to armed conflict, and the responsibility of all actors in the supply chain. The NGOs call for a judicial response to this problem targeting every link in the chain, no matter in which country.

 

www.stop-pillage.org 

 

Case Summary

The Front des Nationalistes et Intégrationnistes (FNI) is an unlawful armed group that began operating in 2002 in northeastern DRC, seizing control of the city of Mongbwalu (Ituri) and of a gold concession named « Concession 40 ».

In violation of the embargo imposed by the UN Security Council in 2003, the FNI exploited this concession to finance its operations and buy arms. The FNI is widely accused of massacres, systematic violence against the civilian population of Ituri, sexual violence, pillage, and recruiting child soldiers.

With the collaboration and air transport provided by a local businessman, Dr. Kisoni Kambale, a large portion of the gold was sold in Uganda to a company called Ugandan Commercial Impex Ltd. (UCI).

This company resold the gold, in turn, to a buyer named Hussar Limited, a Jersey, Channel Islands company, and its London affiliate, Hussar Services Limited, which asked the Swiss company Argor-Heraeus SA to refine the gold, in the period between July 2004 and June 2005. The refined gold ingots were then sold to banking institutions.

 

Context

The Democratic Republic of the Congo is a territory rich in widely coveted natural resources (gold, coltan, tungsten, diamonds, precious woods). The struggle for control of this natural wealth, together with regional tensions and ethnic conflicts, have led to devastating conflict in the Congo (with millions dead and hundreds of thousands displaced). Since 1994, the population of the Northeast of the country (North and South Kivu and Ituri) has suffered massive and continuing waves of crimes and grave human rights violations committed both by unlawful armed groups and by the Congolese national security forces. These regions have also been the locus of systematic pillage of natural resources by the armed groups in the region.

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.

TRIAL together with nine local associations submitted a report to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions mainly focusing on arbitrary executions of migrant people.

The organizations 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.

On behalf of the Swiss Coalition for the International Criminal Court (SCICC), TRIAL transmitted today to the Federal Department of Foreign Affairs (FDFA) its position on the ratification and implementation of the Kampala Amendments to the Rome Statute of the ICC

In June 2010, the Kampala review conference approved two amendments to the Rome Statute of the ICC. These amendments give jurisdiction to the ICC for the crime of aggression and expend the notion of war crimes by prohibiting the use of poison or poisoned weapons, gas and similar substances in non-international armed conflicts.

In June 2013, the Swiss Federal Council presented a ratification bill for the amendments to the Rome Statute of the ICC and opened a national consultation process on the subject.

In its position (in French only) submitted today to the Federal Department of Foreign Affairs, the SCICC welcomes the position of the Federal Council recommending the Federal Assembly to approve the ratification of the amendments adopted in Kampala.

For an effective prosecution of those responsible for the crime of aggression.

The SCICC, however, regrets that the Federal Council ignores the necessity to transpose the crime of aggression into the Swiss criminal code. In so doing, it misses an important opportunity to strengthen the legal arsenal available to national authorities in the context of the fight against impunity for the most serious crimes in international law.

A swift introduction of the crime of aggression into national law is absolutely necessary in order to set up the necessary legal framework to institute criminal proceedings against perpetrators of the crime of aggression who find themselves on Swiss territory and, consequently, to avoid any violation of the principle of complementarity embedded in the Rome Statute.

A thorough and advanced legislation in this field would enable Switzerland not to become a safe haven for those responsible of the crime of aggression and avoid that the crimes committed on Swiss territory or by Swiss nationals are judged by the ICC.

The SCICC calls upon relevant authorities to ratify the Kampala amendments and to incorporate the crime of aggression in the Swiss legal order.

Sarajevo/Geneva, 14 October 2011

TRIAL (Swiss Association against Impunity), seven associations of relatives of missing persons, seven associations dealing with women victims of sexual violence during the war and four associations dealing with former concentration-camp detainees submit a follow-up report to the United Nations Committee against Torture (CAT).

In October 2011 TRIAL, seven associations of relatives of missing persons(1), seven associations working on the subject of women victims of rape or other forms of sexual violence during the war(2) and four associations or federations of associations of former concentration camp-detainees(3) have submitted a follow-up report to the CAT to highlight the absence of any significant progress with regard to the fulfilment of the international obligations of Bosnia and Herzegovina (BiH). In fact, in November 2010, after having examined BiH’s periodic report, the CAT issued a number of conclusions and recommendations related to the obligations of BiH pursuant to the Convention against Torture. On that occasion the CAT requested BiH to submit follow-up information within one year with regard to the implementation of some of the recommendations contained in its concluding observations.

In particular, BiH failed to modify its criminal legislation with regard to crimes of sexual violence committed during the war and to bring it into accordance with international law; to solve the systemic problem of non-implementation of decisions and rulings issued by the Constitutional Court of BiH; to establish the Fund for Support for the Families of Missing Persons; and to guarantee adequate compensation and integral reparation for the harm suffered to relatives of missing persons, former camp-detainees and women victims of rape or other forms of sexual violence during the war.

“Relatives of missing people, victims of war-time rape and former camp detainees feel discouraged by the lack of implementation of the recommendations formulated by the CAT one year ago” said Ms. Lejla Mamut, the Human Rights Coordinator of TRIAL in Sarajevo. “All the more so, because authorities have not fulfilled their rights over the past 20 years: some of these people are dying and they have not seen justice done, nor have they obtained adequate compensation for the harm suffered or learned the truth about the fate or whereabouts of their loved ones”.

Although some actions have been undertaken on the recommendations formulated by the CAT with regard, for instance, to the investigation, judgment and sanction of crimes committed during the war, the pace of this process is far from satisfactory and the National Strategy for War Crimes is not being implemented in an effective manner.

Ms. Selma Korjenić, TRIAL’s Human Rights Officer in charge of sexual violence for BiH stressed that women victims of sexual violence during the war continue to experience serious troubles in realizing their rights. She highlights that “in some cases, associations dealing with this category of victims have been subjected to instances of harassment, threats or attacks that have been reported to competent authorities. However, to date those responsible for the crimes concerned have not been duly judged and sanctioned”.

In its concluding observations of November 2010, the CAT also recommended that BiH takes a number of measures with regard to the adoption of the law on the rights of victims of torture and civil victims of war; to the functioning of the Missing Persons Institute (MPI); to the completion of the Central Record of the Missing Persons (CEN); to the establishment of a mechanism to keep families of missing persons informed on the progress made in the process of exhumation and identification of mortal remains and to provide them psycho-social assistance during the process; and to the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.

With minor exceptions, none of the measures recommended in 2010 by the CAT has been fully implemented to date, leaving relatives of missing persons, former camp-detainees and women victims of rape during the war to bear the brunt of violations that have been ongoing over the past 19 years. “This situation is causing a climate of deep distrust among victims of gross human rights violations from the war and their relatives towards Bosnian institutions and, given that not even the recommendations of international mechanisms are proving to be effective, there is a general feeling of powerlessness and frustration. BiH remains in breach of its international obligations” concluded Ms. Aleksandra Nedzi, TRIAL’s legal consultant in Sarajevo. “However”, she added, “TRIAL will continue monitoring this process and reporting to international mechanisms until this impasse is eventually overcome and the rights to truth, to justice and to reparation are fully guaranteed”.

Overall Context

It is estimated that around 100,000 persons died as a consequence of the conflict in BiH during the period 1992-1995 and that between 25,000 and 30,000 were victims of enforced disappearance. As of today, between 10,000 and 13,000 people are still missing. During the war the use of rape or other forms of sexual violence was widespread (rates of victims of sexual violence vary from 20,000 to 50,000). It is also known that during the war clandestine detention facilities were set up. At present, 652 places of detention have been registered. The total number of people who were held in the mentioned concentration camps has not been determined with certainty.

In October 2010 TRIAL, together with 11 local associations of relatives of missing persons and organizations dealing with women victims of rape or other forms of sexual violence submitted an alternative report to the CAT. Many of the recommendations contained in that 80-page report were reproduced in the concluding observations issued in November 2010 by the CAT. TRIAL has also filed 40 individual complaints before the European Court of Human Rights or the UN Human Rights Committee on behalf of relatives of missing persons. In May 2011, TRIAL and 12 associations dealing with the subject of victims of rape or other forms of sexual violence during the war submitted a general allegation to the United Nations Special Rapporteur on Violence against Women, its Causes and Consequences to highlight the ongoing violations suffered by this category of people. TRIAL will continue to resort to international mechanisms for the protection of human rights in order to turn the attention to the situation of families of missing persons, victims of sexual violence, as well as former camp-detainees in BiH and to put pressure on the government to work harder for the improvement of the current position of these groups of victims.

For further information
  • On the individual complaints filed by TRIAL before the European Court of Human Rights or the UN Human Rights Committee, see here.
  • See also TRIAL’s website in the local language: trialinternational.org/BiH

[1] Association of Families of Killed and Missing Defenders of the Homeland War from Bugojno Municipality; Association of Relatives of Missing Persons from Hadžići Municipality; Association of Relatives of Missing Persons from Ilijaš Municipality; Association of Relatives of Missing Persons from Kalinovik (Istina-Kalinovik 92), Association of Relatives of Missing Persons of the Sarajevo-Romanija Region; Association of Relatives of Missing Persons of the Vogošća Municipality; and Association of Women from Prijedor – Izvor.

[2] Association of Women-Victims of War; the Centre for Legal Assistance to Women Zenica; Infoteka Women’s Information and Documentation Centre; Sumejja Gerc; Viktorija 99; Vive Žene Tuzla; and the Women’s Section of the Concentration Camp Torture Survivors Canton Sarajevo.

[3] Association of the Concentration Camp-Detainees – Bosnia and Herzegovina; Association of the Concentration Camp-Detainees of the Republika Srpska; Croatian Association of War Prisoners of the Homeland War in Canton of Central Bosnia; and Prijedor 92.

TRIAL welcomes the landmark declaration to end sexual violence in conflict endorsed yesterday by 113 states on the margins of the UN General Assembly

The Declaration recognizes that rape and other forms of sexual violence in conflict represent grave breaches of the Geneva Conventions. It stresses that sexual violence must be excluded from amnesty provisions and that better support to victims needs to be provided.

The 113 governments pledge to hold perpetrators of sexual violence accountable and to provide funding to fight against this plague is a major political milestone in the struggle to end impunity for war-time rape.

TRIAL is calling on the signing states to fully implement the Declaration and to remove all obstacles to the investigation and prosecution of international crimes, including sexual violence, in their national laws.

Spain must do much more to implement its international obligations concerning enforced disappearance, says TRIAL in its report to the United Nations (UN).

TRIAL is submitting a report to the UN Committee on Enforced Disappearances(CED) on the measures to be taken by Spain to implement its international obligations.

The NGO points out that Spanish legislation does not yet comply with the International Convention for the Protection of All Persons from Enforced Disappearance. In particular, Spain does not:

  • codify enforced disappearance as a separate offence;
  • establish the right to know the truth for victims of enforced disappearance;
  • offer adequate guarantees to ensure that victims of enforced disappearance obtain integral reparation and compensation.

“The existing pitfalls in Spanish legislation hinder the prevention of enforced disappearance in the country. Several practical and legislative obstacles hamper the investigation on tens of thousands of enforced disappearances occurred during the Civil War and under the Franco regime. Spain also fails to cooperate and provide legal assistance to other States willing to sanction those responsible“, says Gabriella Citroni, TRIAL’s Senior Legal Advisor.

The scope of universal jurisdiction over crimes under international law has also been restricted by recent amendments in Spanish domestic legislation. While impunity still prevails, Spain also tries to avoid the scrutiny of the CED by alleging its lack of competence on these matters.

“The CED must consider that enforced disappearance is an offence that lasts until the fate and whereabouts of the disappeared are established. The CED must therefore evaluate the effectiveness of the measures adopted by Spain also on enforced disappearances that commenced before the entry into force of the Convention, but are still ongoing“, adds Gabriella Citroni, challenging the Spanish interpretation of the Convention.

The CED will consider the report submitted by Spain and the alternative reports received from civil society organizations during its 5th session from 4 to 15 November 2013 and present its conclusions and recommendations shortly afterwards.