Newsletter - May 2015

 

GUATEMALA

 

The Sperisen Case in Guatemala

 

This week, Erwin Sperisen is being retried before the Criminal Chamber of the Geneva Court of Justice. Sentenced last year to life imprisonment for the murder of seven prisoners in Guatemala in 2006, he had appealed his sentence.

 

The former head of the Guatemalan National Civil Police is tried in Switzerland. However, the Sperisen case has strong implications in Guatemala where it highlights, in many ways, the polarization and tensions of society.

 

In Guatemala, scandals implicating members of the state apparatus in serious human rights violations have been going on for decades, but few have had to face justice for their actions. The ruling elites enjoy widespread impunity and the country still suffers from corruption and organized crime.

 

For civil society, this lack of accountability has lasted too long. Tens of thousands of Guatemalans took to the streets this past April 25 to express their outrage against a system that is corrupt to its core. They called for both President Otto Perez Molina and the vice president to be impeached.

 

It is within this context that the trial of Erwin Sperisen has significant potential: contributing to the decline of the impunity that has been enjoyed for too long by members of the Guatemalan state apparatus. It also reminds us that the laws are the same in Switzerland and in Guatemala, and that the police also need to respect them.

 

 

 

 

NEPAL

 

Yuba Katwal obtains justice on behalf of her husband 

 

Five years ago, Yuba Katwal, with the assistance of TRIAL, lodged a complaint at the United Nations in the name of her husband, brutally abducted by the Nepalese security forces in 2001. After a long struggle, the UN's decision finally offers her a sense of justice and recognition.

 

Chakra Bahadur Katwal was the Director of an educational establishment. He was also married and the father of four children. On 9 December 2001, he received a letter inviting him to present himself at the Education Office of his district. It was, however, a premeditated ambush.

 

Upon his arrival, he was forced into an army building. The next morning, witnesses saw him lying unconscious, bruised and covered in blood as soldiers were dragging him towards a police station. Since then, no further news of him has been forthcoming.

 

During the civil war, the government undertook chilling campaigns of repression against all those who were suspected of abetting the Maoist insurgents. Many families were consequently shattered.

 

Shattered but not overcome. Yuba Katwal fought for years to shed light on her husband’s enforced disappearance. However, the Nepalese authorities first feigned ignorance before imprisoning and torturing her in an attempt to silence her.

 

The UN's decision will not return Yuba Katwal’s husband. However, it crowns her fight in the name of justice, forces Nepal to face its international obligations and provides hope for all the victims of impunity in Nepal.  

 

NEPAL

 

Tragedy after the earthquake

 

From the avalanches in the Himalayas to the furious monsoon rains, nature in Nepal is known for behaving erratically.

 

On April 25, it showed its darkest side as a magnitude-7.8 earthquake struck the country, causing tremendous wreckage. As a result, currently more than 7,000 people have been reported dead and the lives of more than 8 million people have been affected. These heart-breaking numbers keep increasing each day.

 

TRIAL received the news of this catastrophe with great sorrow and concern. We have contacted the victims we represent in Nepal as well as our partners on the ground: fortunately, most of them are safe. However, some have lost their loved ones or are experiencing the anguish of not being able to contact them. Others have lost their homes, or are too scared to return home because of the aftershocks.

 

Countless Nepalese are now living in makeshift tents camped all around Kathmandu.

 

The one glimmer of hope in this bleak situation is the great mobilization occurring at both the local and international levels. As soon as news of the quake broke out, networks of solidarity flourished in Nepal and large-scale international relief operations were organized. Shelter, healthcare, food distributions, water and sanitation, and the restoring of family links are among the priorities of the humanitarian assistance on the ground.

 

This brings proof that solidarity can make a difference.

 

DRC

 

Freedom for Fred Bauma

 

Fred Bauma is a member of Lucha (Fight for Change), an association of peaceful activists who are passionate about justice. On 15 March, he and other members of this group were victims of a brutal police crackdown. Arrested in Kinshasa by the Congolese military police, this young human rights defender was arbitrarily detained. His only crime: peacefully demonstrating for democracy.

 

Nearly two months have gone by and Fred Bauma is still behind bars. He was initially detained secretly and has not been able to see a lawyer or his family. Given the grave nature of the violations committed by the Congolese security forces, the risk of him being tortured could be substantial.

 

Several African associations have joined forces to denounce this hard blow that was dealt to justice. TRIAL, which is engaged in the fight against impunity in the DRC, has joined the ongoing effort by taking Fred Bauma’s case before the UN.

 

In April, the NGO submitted an urgent appeal in Fred Bauma’s name to the Working Group on Arbitrary Detention, to the Special Rapporteur on the Situation of Human Rights Defenders and the Special Rapporteur on Torture

 

TRIAL invites the international community to unite in support of Fred Bauma and calls for his immediate and unconditional release.

 

 

 

 

BURUNDI

 

Elections under high pressure

 

With the run-up to presidential elections, the situation in Burundi is ablaze. Confirmation that Pierre Nkurunziza is running for a third term has angered the population, who turned to the streets to voice its deep disapproval. The violent repression by the police and the Imbonerakure, as well as the growing restrictions on freedom of expression, are the main concerns.

 

Voices on all sides, up to the highest echelons, are urging for a peaceful resolution of the situation. The Secretary-General of the United Nations himself recently deplored the escalation of the tensions and called for respect of the Arusha Accords and the country’s constitution. Six UN experts urged authorities to investigate the serious violations committed against citizens every day.

 

In this extremely tense climate, human rights defenders and journalists are the targets of continuous threats. Pierre-Claver Mbonimpa, president of the human rights organization APRODH, was detained for one day and questioned by the intelligence service.

 

To silence any opposition, last Tuesday, authorities even closed the African Public Radio (Radio Publique Africaine or RPA). Since then, the radio has been silent.

 

TRIAL joins all the voices calling on Burundian authorities to respect the law. It also pays heartfelt tribute to those women and men whose commitment to peace is limitless.

 

 

 

 

BOSNIA-HERZEGOVINA

 

Vitez Camp survivors voice their plights

 

For the first time since the end of the war, survivors from Vitez (Central Bosnia) commemorated the "Day of Camp Detainees". TRIAL attended the commemoration, paid tribute to those who died and expressed its support to the survivors in their quest for justice.

 

During the war in Bosnia (1992-1995), hundreds of Bosniaks from Vitez were seized from their homes and unlawfully detained in camps. Systematically abused and tortured by their jailers, they were even taken to the front lines and used as human shields.

 

After the war, political leaders and members of the Croatian Defence Council (HVO) were held accountable for barbaric acts committed in the area. Some military and police officials were charged with war crimes and convicted by the International Criminal Tribunal for the former Yugoslavia.

 

But what about the victims? 20 years have elapsed since the end of the war and the former detainees of Vitez camps have still not obtained any reparations for the harm they suffered.

 

During the commemoration, they stood together in solidarity and asked the government to adopt a law to protect victims of torture. Such a law would grant reparations to around 200 000 victims.

 

Recognition and reparation are two fundamental elements of recovery. TRIAL urges BiH to grant Vitez camp survivors both.

 

 

 

 

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