Tag: crimes

‘Crimes against humanity’: UN body calls for release of Guantánamo inmate

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A UN body has declared that the detention of a long-term Guantánamo inmate, Abu Zubaydah, has no lawful basis and called for his immediate release, warning that the systemic deprivation of liberty at the camp may “constitute crimes against humanity”.
The UN working group on arbitrary detention (UNWGAD), also declared the UK, among other countries, was “jointly responsible for the torture and cruel, inhuman or degrading treatment of Mr Zubaydah” over his more than 20 years in detention.
The UNWGAD finding released on Friday specifically addresses the case of Zubaydah, a 52-year-old Palestinian captured in Pakistan in March 2002, and held and tortured in a series of CIA black sites, before being transferred to the Guantánamo Bay prison camp in 2006. The US initially claimed he was “number three” in al-Qaida but later conceded he was not a member at all.
The finding went further to address detention at Guantánamo in general, and “expresses grave concern about the pattern that all these cases follow and recalls that, under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law may constitute crimes against humanity”.
The UN working group is a quasi-judicial body, issuing legal judgments on behalf of the international community, but they are not binding, nor does it have the power to enforce its findings. It is made up of five legal experts from around the world: the current panel consists of lawyers, law professors and former judges drawn from Malaysia, New Zealand, Ukraine, Ecuador and Zambia.
Abu Zubaydah. Photograph: AP
Friday marks the first time an international body has referred to the 21-year-old prison camp as a potential crime against humanity, the first time such a body has ruled against the US for Abu Zubaydah’s detention, and the first international case finding against the UK, Morocco, Thailand and Afghanistan, all of whom are deemed complicit in arbitrary detention, rendition and torture.
The decision also found Pakistan, Poland and Lithuania to be part responsible: Pakistan for participation in his arrest and rendition, and Poland and Lithuania for hosting black sites. The European Court of Human Rights has previously ruled against Poland and Lithuania for their participation in the web of secret detention facilities and rendition flights.
Helen Duffy, Zubaydah’s international legal representative, who runs a Hague-based legal group, Human Rights in Practice, said: “Today’s decision is a powerful reminder of the complete unlawfulness of Guantánamo, and our client’s situation in particular.”

“The UK has been found legally responsible for ‘complicity’ in our client’s torture and ongoing unlawful detention, and reparations should follow,” Duffy said. “This can include offers of relocation, recognition and apology, rehabilitation and compensation.”
She added: “We need to reckon with the fact that the ‘war on terror’, as waged for 20 years, has failed. But we cannot pretend to learn lessons from it while perpetuating its most notorious wrongs.”
There are 30 inmates left at the Guantánamo camp, of which only one has been convicted of a crime; 10 are involved in military tribunal proceedings, although in most cases, the trials have not even started; 16 have been recommended for a transfer to another country, pending security guarantees; and the Biden administration has been in quiet negotiations with foreign governments to persuade them to accept transferred inmates.
Zubaydah is one of three “forever prisoners” who have not been charged and not been recommended for transfer.
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#Crimes #humanity #body #calls #release #Guantánamo #inmate
( With inputs from : www.theguardian.com )

April 29, 2023
UN representatives criticise Germany over reparations for colonial crimes in Namibia

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UN special rapporteurs have criticised the German and Namibian governments for violating the rights of Herero and Nama ethnic minorities by excluding them from talks over reparations for colonial crimes against their ancestors.
Publishing their communication with both governments, the seven UN representatives urged Germany to take responsibility for all its colonial crimes in Namibia – including mass murder – and said it was wrong for the Herero and Nama to have been involved indirectly in talks via an advisory committee. They called on Germany to pay reparations directly to the Herero and Nama and not to the Namibian government.
The special rapporteurs have concentrated on getting to the bottom of suspected contraventions of international law. They were assigned the roles by the UN human rights council as independent experts, but are not being paid by the international body. Governments cannot be forced to act on their reports. However, they are seen to have a strong influence.
At the heart of the matter is the brutal murder of tens of thousands of Herero and Nama between 1904 and 1908 when Germany was the colonial power in what was then German South West Africa.
In January, lawyers in Namibia operating on behalf of the Herero and Nama submitted a claim to a Namibian court, urging it to declare the “joint declaration” between Germany and Namibia invalid as it contravened various articles in the Namibian constitution. If the claim is successful the agreement would have to be negotiated anew.
The governments in Berlin and Windhoek agreed the declaration in 2021 after years of discussion. However, it has never been signed because of its rejection by several Herero and Nama associations, who demanded a direct participation in the negotiations, as well as reparations. Agreement had been made on German payments of about €1.1bn (£1bn) over a period of three decades to finance development projects.
In February, the rapporteurs dispatched their letter expressing “grave concerns” over violation of international law to the German and Namibian governments, granting them 60 days to respond, within which timeframe the letter would remain confidential. The German government acknowledged the significance of the rapporteurs’ work and asked for an extension. The Namibian government has so far failed to respond.
In their letter, the rapporteurs said Berlin must acknowledge its responsibility “for the crimes carried out during its era of colonial rule”, adding that the agreement failed to include any effective reparation measures or the necessary means for reconciliation.

Berlin’s plans for reconstruction and development programmes were insufficient to compensate the victims and their descendants for the “scale of the damage that was done to them”. That included the harm suffered as a result of the mass killings, including “starvation, torture, gendered violence, forced labour and loss of property”, the effects of which are felt today. They said development aid as a form of reparation was also in danger of “perpetuating rather than rectifying, colonial dynamics”. They were also critical of the way in which the negotiations had been kept secret.
Karina Theuer, an expert in international law and an adviser to lawyers in Namibia, said it would be necessary to start a new negotiation process. She told the German newspaper Frankfurter Allgemeine Zeitung: “This must be transparent and in compliance with legal minimum standards.”
In February, Gaob Johannes Isaak, the chair of the Nama Traditional Leaders Association, told the Guardian: “Reparations would bring back dignity, self-worth and play a meaningful role in our own development and education for the Nama people so we can share equally in the resources of Namibia.”
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( With inputs from : www.theguardian.com )

April 28, 2023
Ex-Congress leader forms ‘Volunteers Against Hate’ to fight hate crimes in India

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Volunteers Against Hate (VAH) is a team of like-minded people that aims to combat hate, prejudice, and discrimination in all its forms. On March 6, 2023, the team was formed by Dr. Meraj Husain (Senior Congress Leader and Ex Member CBFC-GOI) to help victims of hate crime from all oppressed sections of society. He resigned from the congress party on February 21, 2023, on the Junaid-Nasir issue after visiting their home in Bharatpur, Rajasthan, and citing lack of action by the Gehlot’s Govt. and cold behavior of the congress high command on Muslim issues and lack of willingness on taking a stand on their behalf. He saw a need for a more proactive approach to addressing hate crimes and discrimination in their communities.
The National Convenor of VAH aims to build a pan-India team that provides legal support to the victims of hate crime all across the country along with raising voices for the rehabilitation of victims and to educate the public about the effects of hate and prejudice on individuals and society as a whole. And to advocate for policies and laws that promote equality and tolerance.
The network offers resources such as legal support, counseling services, and community outreach programs. Volunteers Against Hate aims to work closely with law enforcement agencies and community organizations to ensure that hate crimes are reported, investigated, and prosecuted.
Overall, Volunteers Against Hate is a vital organization that plays a crucial role in fighting hate and discrimination in our communities. Through their education, advocacy, and community outreach programs, they are helping to create a more inclusive and tolerant society for all.
Post announcement of its formation in a very short span of 15 days organization has made more than ten thousand volunteers across the country. In this very short time team has able to form a legal cell including 15 lawyers on board which is headed by Supreme Court Advocate Niteen Kumar Sinha along with Senior Advocate Rais Farooqi of Delhi High Court.
Volunteers Against Hate has also formed a social media Team of 90 members which is highly active on Twitter against hate crime and trying to bring hate crimes from all over country in the public domain and seeking the administration for their help.
Volunteers Against Hate has got more than ten thousand retweets praising our efforts and people across the country are seeking help through our medium. In this short span of time, Dr. Meraj Husain has taken the first Volunteers Against Hate meeting in Mumbai on March 20, 2023, in his recent Maharashtra tour.
His vision is to bring six state teams of lawyers and volunteers along with one national team within the next six months. VAH is focusing on Maharashtra, Haryana, Rajasthan, Uttar Pradesh, Delhi, and Bihar in the first leg of their operation.

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#ExCongress #leader #forms #Volunteers #Hate #fight #hate #crimes #India
( With inputs from www.siasat.com )

March 28, 2023
Biden welcomes ICC’s war crimes charges against Putin

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Washington: U.S. President Joe Biden has welcomed the International Criminal Court’s issuing of an arrest warrant against his Russian counterpart, Vladimir Putin.
The ICC accused President Putin of committing war crimes in Ukraine – something President Biden said the Russian leader had “clearly” done, BBC reported.
The claims focus on the unlawful deportation of children from Ukraine to Russia since Moscow’s invasion in 2022.
Moscow has denied the allegations and denounced the warrants as “outrageous”.
It is highly unlikely that much will come of the move, as the ICC has no powers to arrest suspects without the co-operation of a country’s government, BBC reported.
Russia is not an ICC member country, meaning the court has no authority there.
However, it could affect Putin in other ways, such as being unable to travel internationally. He could now be arrested if he sets foot in any of the court’s 123 member states.
Putin is the third president to be issued with an ICC arrest warrant.

President Biden said that while the court also held no sway in the U.S., the issuing of the warrant “makes a very strong point.”
His administration had already “formally determined” that Russia had committed war crimes during the ongoing conflict in Ukraine, with Vice-President Kamala Harris saying in February that those involved would “be held to account.”
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#Biden #welcomes #ICCs #war #crimes #charges #Putin
( With inputs from www.siasat.com )

March 18, 2023
ICC issues arrest warrant against Putin over alleged war crimes in Ukraine

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Hague: The International Criminal Court (ICC) on Friday issued an arrest warrant against Russian President Vladimir Putin and Russian official Maria Alekseyevna Lvova-Belova for the alleged scheme to deport Ukrainian children to Russia, reported CNN.
The Hague-based ICC accused the Russian president of responsibility for war crimes committed by Russian forces in Ukraine during the war that has been ongoing for over a year.
The Hague-based court said in a statement on Friday Putin “is allegedly responsible for the war crime of unlawful deportation of the population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation.”
It also issued a warrant for the arrest of Maria Alekseyevna Lvova-Belova, the commissioner for children’s rights in the office of the president of the Russian Federation on similar allegations, reported Al Jazeera.
Russia did not immediately comment following the ICC’s move on Friday. Russia denies committing atrocities since it invaded Ukraine in February last year.
The warrants came a day after a United Nations-backed inquiry accused Russia of committing wide-ranging war crimes in Ukraine, including the forced deportations of children in areas it controls, reported Al Jazeera.
The UN genocide convention defines “forcibly transferring children of the group to another group” as one of five acts that can be prosecuted as genocide.
However, the successful extradition of President Putin could prove a far greater challenge as Russia does not recognise the jurisdiction of the international criminal court in The Hague, reported DW News.

Russia denies deliberately harming civilians but its defence ministry has claimed to have targeted Ukraine’s energy infrastructure.
Russia signed the Rome statute, which governs the ICC, in 2000 but never ratified the agreement to become a member. It formally withheld its signature from the founding statute of the ICC in 2016, a day after the court published a report classifying the Russian annexation of Crimea as an occupation.
Since Russia’s invasion of Ukraine in February 2022, the Kremlin has severed ties with several prominent international organisations, deepening the country’s isolation from the west.
In March last year, Russia was expelled from the Council of Europe, the continent’s leading human rights watchdog, over its attack on Ukraine.
Moscow is also pulling out of the International Space Station after 2024 and has threatened to withdraw from the World Trade Organization and the World Health Organization.
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#ICC #issues #arrest #warrant #Putin #alleged #war #crimes #Ukraine
( With inputs from www.siasat.com )

March 17, 2023
Identify cyber hotspots, maintain data profile of cyber crimes: Parliamentary Panel

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New Delhi: A parliamentary panel has recommended that the Union Home Ministry may encourage the state governments to identify cyber hotspots in their state and maintain a data profile on the cyber crimes being committed in those hotspots.
The Parliamentary Standing Committee on Home Affairs headed by BJP MP Brijlal noted that it believed that despite the boom in Internet connectivity in the country, there might be a sizeable population in various states and Union Territories which may have very limited access to it due to various reasons.
“The committee recommends that the ministry may encourage state governments to identify cyber hotspots in their state and maintain data profile on the cyber crimes being committed in those hotspots and the measures taken to contain those crimes,” the panel said in its report submitted to Parliament on Friday.
This data, the panel said, may be collected by the ‘Indian Cyber Crime Coordination Centre (I4C)’ and shared with other states for framing of policies by them to tackle such types of cyber crimes.
The committee, therefore, recommended that the police force may adopt various strategies such as publicising its achievements in the meetings of the community, village, and district-level committees at regular intervals for increasing the police-people interaction, organising awareness weeks and Jan Sabhas, among others.
The focus should be on a nationwide capacity-building campaign, with an emphasis on developing and inculcating high professional and ethical standards as well as attitudinal and social skills in the personnel, it noted.
?The committee noted that states and Union Territories have been requested to install IP cameras at strategic locations in all police stations and to conduct a periodic audit of all the installed CCTVs.
The committee further notes that the Ministry of Law and Justice has been approached to advise states and Union Territories for installing CCTVs at district courts. The panel said that it would like to be apprised of the status of action taken by the states and Union Territories in this matter.

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#Identify #cyber #hotspots #maintain #data #profile #cyber #crimes #Parliamentary #Panel
( With inputs from www.siasat.com )

March 17, 2023
Hindutva crimes on the rise under Bihar’s ‘secular’ govt: Owaisi

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Hyderabad: AIMIM chief Asaduddin Owaisi on Thursday remarked that Hindutva crimes are on the rise under the governance of a ‘secular’ government in Bihar.
Owaisi’s ‘secular’ jibe was directed at the JD(U)-RJD-Congress alliance which is currently in government in the state.
“Hindutva crimes are on the rise under the “secular” government of Bihar. In some places the police persecute 12-year-old Rizwan and at other places, instead of helping a citizen, abuse him and make him run away. Team brothers @yadavtejashwi @NitishKumar Will Naseeb get justice or Should work be done with Iftar party?” he tweeted.
बिहार की “सेक्युलर” सरकार में हिंदुत्ववादी जुर्म बढ़ रहे हैं।पुलिस कहीं 12 साल के रिज़वान पर ज़ुल्म करती है तो कहीं नागरिक की मदद करने के बजाए उसे गाली देकर भगा देती है।Aटीम वाले भाइयों @yadavtejashwi @NitishKumar क्या नसीब को इंसाफ़ मिलेगा या इफ़्तार पार्टी से काम चला लिया जाए? https://t.co/cwQ1nQ0gCC
— Asaduddin Owaisi (@asadowaisi) March 9, 2023
Owaisi was referring to the case of 12-year-old Rizwan who was arrested along with his seventy-year-old grandfather after communal violence erupted in Siwan on September 12, 2022 and the latest case of the lynching of a Muslim man on suspicion of carrying beef.
The 47-year-old Muslim man was lynched to death by a Hindu mob who accused him and his nephew of carrying beef. The incident happened in Rasulpur of Chhapra district, Bihar on March 7.
In a press release, police said that three people have been arrested and the hunt is on for the remaining accused.
According to Maktoob Media, the deceased Naseeb Qureshi and his nephew Firoz Qureshi were returning home when they were attacked by a mob of 10-15 people.

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#Hindutva #crimes #rise #Bihars #secular #govt #Owaisi
( With inputs from www.siasat.com )

March 9, 2023
Congress pledges laws to rein in hate crimes

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Raipur: The Congress, in its draft political resolution, on Saturday pledged to bring in laws to prevent hate crimes in the country, if voted to power.
This comes against the backdrop of rising incidents of hate crimes and lynching, the lastest being the burning alive of two people in Rajasthan.
The resolution said, “In the last eight-and-a-half years under the BJP Government, the politics of hate has assumed alarming proportions and religious polarisation has reached its peak. Hate crimes and atrocities have increased manifold.
“Vigilante right wing groups incite violence on various trivial issues. These groups operate with impunity and have started acting like police, spreading anarchy and fear. This fear in the minds of minorities is the aim of the BJP/RSS regime.”
During the course of the Bharat Jodo Yatra, it was clear that the majority of Indians yearn for love, peace and harmony, it added.
The Congress said it believes in our civilisational principle of ‘Vasudhaiva Kutumbakam’ which means “The World Is One Family”. Minorities form about a
fifth of India’s population. Neglecting, marginalising, and alienating them is
inhuman, and hits at the unity and integrity of India.
“The culture of hatred, nurtured and propagated by BJP, RSS and their acolytes violates the tenets of all religions. We need to create a sense of security among each and every Indian, regardless of their region, religion, caste, class or gender,” it further said.
It also said that crimes against weaker sections of society have also increased. Atrocities against Scheduled Castes (SCs) have increased by 1.2 per cent in 2021, according to the NCRB. Violence against Dalit and adivasi women has also risen. Cases of rape against SC women, including shockingly, minors, account for 7.64 per cent and ST women account for 15 per cent out of the total cases reported.

“Congress will pass a new law to prevent and punish hate crimes,” it concluded.
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#Congress #pledges #laws #rein #hate #crimes
( With inputs from www.siasat.com )

February 25, 2023
Congress likely to propose legislation against hate crimes

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Nava Raipur: The Congress is likely to propose a legislation against hate crimes in the country as part of the party’s 56-point political resolution to be adopted at its 85th plenary session on Saturday, sources said.
In its political resolution, Congress is likely to allege that the judiciary is constantly threatened by direct and indirect measures, which create apprehensions in its mind.
The party has been alleging that the law minister himself is leading the blatant attack on the judiciary.
The Congress will promise that the independence and integrity of the judiciary will be maintained and protected at all costs, the sources said.
The opposition party is also likely to promise that if voted to power, it would bring a legislation to prohibit discrimination on the basis of religion, caste, gender or language in the supply of goods and services.
The Congress will deliberate and finalise three resolutions — one each on political, economic and international affairs — on Saturday.
The party will finalise three other resolutions on agriculture and farmers’ welfare, youth and employment and social justice and empowerment on Sunday, the final day of its three-day plenary session.
The 85th plenary session of the Congress started here on Friday. Congress leaders would brainstorm on the party’s strategy to prepare for the state Assembly polls scheduled to be held this year and the 2024 general election during the plenary session.

The sources said the opposition party will also prepare a “vision document” for 2024 following the largest-ever mass contact programme organised by it, encompassing the issues of unemployment, poverty eradication, inflation, women empowerment, job creation and national security.
They said the Congress must reverse the current regressive path of growth that has failed to improve the lives of the poorest.
“Our growth mantra must have a human touch, creating livelihoods and employment opportunities,” a Congress leader said.
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#Congress #propose #legislation #hate #crimes
( With inputs from www.siasat.com )

February 25, 2023
US formally accuses Russia of crimes against humanity in Ukraine, Harris says

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MUNICH — The United States has determined that Russia is committing crimes against humanity in Ukraine, Vice President Kamala Harris announced Saturday, the latest salvo in the West’s effort to hold Moscow accountable for its wartime atrocities.
In a marquee address at the Munich Security Conference, Harris detailed that Russia is responsible for a “widespread and systematic attack” against Ukraine’s civilian population, citing evidence of execution-style killings, rape, torture and forceful deportations — sometimes perpetrated against children. As a result, Russia has not only committed war crimes, as the administration formally concluded in March, but also illegal acts against non-combatants.
“Their actions are an assault on our common values, an attack on our common humanity,” the vice president said, referencing images of bodies lying in the streets of Bucha and the sexual assault of a four-year-old girl by a Russian soldier. “Barbaric and inhumane.”

Harris then declared: “The United States has formally determined that Russia has committed crimes against humanity.”
The Biden administration will continue to assist Ukraine in its investigation into these alleged crimes, she said, vowing that the perpetrators and “their superiors” will be “held to account.”
She added: “Let us all agree: on behalf of all the victims, both known and unknown: justice must be served.”
The declaration is among the most forceful yet from a Western power as allies grapple with how to punish Russians responsible for violations. And it escalates the judicial side of America’s support for Ukraine, which has long said Russia was guilty of these crimes and that Russian President Vladimir Putin was ultimately responsible.
Harris didn’t cite Putin by name, but the clear implication is that the invasion he launched nearly a year ago is why Ukrainian civilians are now victims of these international law violations.
While “crimes against humanity” are not officially codified in an international treaty, they are still adjudicated in the International Criminal Court and other global bodies. The Biden administration’s determination means the U.S. believes Russian actions have met a broader standard than war crimes but not as specific a violation as genocide.
“In contrast with genocide, crimes against humanity do not need to target a specific group,” according to the United Nations. “Instead, the victim of the attack can be any civilian population, regardless of its affiliation or identity. Another important distinction is that in the case of crimes against humanity, it is not necessary to prove that there is an overall specific intent.”
Some, however, would like the Biden administration to go further. Back in the United States, both of West Virginia’s senators, Democrat Joe Manchin and Republican Shelley Moore Capito, introduced a resolution to recognize Russia’s war on Ukraine as a genocide.
Others like Tom Malinowski, a former member of Congress and senior human rights official at the State Department, believe “these debates about what to call Russia’s atrocities are less important than providing Ukraine the means to stop them.”
Andriy Yermak, the chief of Ukraine’s presidential office, said his country wouldn’t feel safe until Russia’s leadership was punished | Sergei Supinsky/AFP via Getty Images
“But yes, there’s no question that Russia is committing crimes against humanity,” he continued, “and we’re right to say so.”
On Friday, shortly after Ukrainian President Volodymyr Zelenskyy spoke via video to the gathering of officials and experts here, Andriy Yermak, the chief of Ukraine’s presidential office, said his country wouldn’t feel safe until Russia’s leadership was punished.
“The fastest and easiest way to build the security of Ukraine and the whole world is to create a special tribunal to try the Russian leadership for the crime of aggression. Europe and the entire civilized world understand why it is necessary,” he said at the opening of the “Ukraine is You” exhibit.
Last November, human rights organization Amnesty International said Russia was “likely” committing crimes against humanity, citing instances of the forceful transfer and deportation of people from Ukraine.

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( With inputs from : www.politico.eu )

February 16, 2023