The International Center for Transitional Justice
www.ictj.org
October 31, 2005
HEADLINES
Bosnia and Herzegovina: Another Mass Grave Found in Eastern Bosnia;
Rajic Pleads Guilty at the ICTY
Chile: Pinochet Medical Tests to Determine Fitness for Trial
Iraq: Hussein Trial Adjourned; Defense Lawyers Demand Improved Security
Liberia: Bryant Names Commissioners
Defense Lawyers Refuse to Work with Tribunal
Kosovo: Police Arrest Nine Serbs for 1999 Massacre
Mexico: Mexico Becomes 100th Nation to Ratify Rome Statute
Rwanda: ICTR Hears Testimony from Bagosora
South Africa: Basson Will Not Face Trial
Sri Lanka: Release of Massacre Report Urged
United States: Survivors of Tulsa Race Riots Continue Struggle for Reparations
Holocaust: German Court Rules in Favor of Wertheim Heirs
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BOSNIA AND HERZEGOVINA
Another Mass Grave Found in Eastern Bosnia
October 25, 2005
A mass grave containing several dozen bodies has been discovered near the town of Zvornik in eastern Bosnia. The Commission on Missing Persons believes the site is a secondary mass grave, containing the remains of victims of the 1995 Srebrenica massacre.
See: Pravda, Mass grave found in Bosnia
Rajic Pleads Guilty at the ICTY
October 27, 2005
Ivica Rajic, a former Bosnian Croat military commander, has pled guilty to four counts of war crimes and crimes against humanity, including willful killing and wanton destruction. Rajic pled not guilty to the ten charges in the original indictment, but changed his plea after reaching an agreement with the Prosecution to reduce the charges. The Prosecution agreed to recommend a single combined sentence of between 12 and 15 years' imprisonment.
See: Reuters, Bosnian Croat pleads guilty of village killings
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CHILE
Pinochet Medical Tests to Determine Fitness for Trial
October 30, 2005
Former dictator Augusto Pinochet has once again undergone medical tests to determine if he is fit to stand trial on charges of human rights violations carried out during his 1973-1990 regime. The results of the tests are not yet available. The Supreme Court stripped Pinochet of immunity in the "Operation Colombo" case, a counterinsurgency campaign that resulted in the 1975 killing of over 100 dissidents. Pinochet has been charged in 15 of the deaths.
See: Globe and Mail, Pinochet's health tested before trial
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IRAQ
Hussein Trial Adjourned; Defense Lawyers Demand Improved Security
October 28, 2005
In the first day of trial, former Iraqi dictator Saddam Hussein and seven co-defendents pled not guilty to crimes against humanity related to the 1982 torture and execution of 148 Shiite townspeople. The Supreme Iraqi Criminal Tribunal adjourned the trial until November 28, 2005. The Defense raised three main challenges in the proceedings: the lack of adequate time given to the defense to study the final dossier and prepare its case, the lack of sufficient access to the accused by defense counsel, and concerns regarding the court's legitimacy and competence. After the adjournment, a lawyer for one of Saddam Hussein's co-defendants was murdered in Baghdad. The other defense lawyers have suspended contact with the tribunal, demanding improved security arrangements.
See: Reuters, Saddam trial adjourns as defense buys time
BBC, Saddam trial lawyer is found dead
BBC, Saddam lawyers suspend trial work
New York Times, Hussein's Lawyers Refuse to Work with Iraqi Court
See also:
ICTJ Press Release, Saddam Trial Adjournment Increases Chances for Fair Trial (October 19, 2005)
ICTJ Briefing Paper, Creation and First Trials of the Supreme Iraqi Criminal Tribunal (October 2005)
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KOSOVO
Police Arrest Nine Serbs for 1999 Massacre
October 27, 2005
Serbian police have arrested nine Serbs, including six police officers, for taking part in the 1999 massacre of dozens of ethnic Albanians in Suva Reka in southwestern Kosovo. The bodies of the victims were recovered from a mass grave near a police facility at Batajnica, outside the Serbian capital of Belgrade. After the accused appeared before the investigative judge, the Prosecution requested a month's detention pending formal charges.
See: AP, Serbia Detain Nine in Kosovo Massacre
Reuters, Serbia arrests nine policemen for Kosovo murders
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LIBERIA
Bryant Names Commissioners
October 22, 2005
The head of Liberia's transitional government, Charles Gyude Bryant, has named nine commissioners to the country's Truth and Reconciliation Commission. The women and men who will make up the TRC come from a variety of backgrounds, including the church, legal, and NGO sectors. The commissioners are Sheikh Kafumba Konneh, Rev. Amb. Gerald Coleman, Cllr. Pearl Brown Bull, Retired Bishop Rev. Arthur F. Kulah, Cllr. Jerome J. Verdier, Mrs. Massa Washington (USA), Mrs. Dede A. Dolopei, Mrs. Oumu K. Sylla, and Mr. James H.T. Stewart.
See: The Analyst, Bryant Appoints Members for TRC, FRMC
The Inquirer, Bryant Constitutes TRC
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MEXICO
Mexico Becomes 100th Nation to Ratify Rome Statute
October 28, 2005
Mexico has ratified the Rome Statute of the International Criminal Court, becoming the 100th nation to do so. Over half of the international community have now ratified the statute. In related news, Mexico has also reportedly refused to sign an immunity agreement with the United States that would prevent the country from handing U.S. nationals to the ICC without U.S. permission.
See: Amnesty International, Mexico: 100th ratification of International Criminal Court marks an historic development in international justice
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RWANDA
ICTR Hears Testimony from Bagosora
October 27, 2005
Former defense minister Theoneste Bagosora has given testimony at the International Criminal Tribunal for Rwanda, refuting allegations that he was a principle mastermind of the 1994 genocide. Bagosora's lawyer has said he will argue that the killings do not constitute genocide because they were not premeditated.
See: AP, Alleged Head of Rwandan Genocide Testifies
Independent Online, Man in dock for Rwanda genocide atrocities
BBC, Rwandan colonel denies genocide
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SOUTH AFRICA
Basson Will Not Face Trial
October 25, 2005
Wouter Basson, better known as "Dr. Death" for his role as head of the South African apartheid regime's chemical and biological warfare program, has escaped trial for war crimes. South Africa's National Prosecuting Authority (NPA) ruled that Dr. Basson could not be prosecuted on the six charges that the Constitutional Court ruled could be reinstated against him. The NPA found that Basson had already been acquitted on those charges.
See: Cape Times, "Relieved" Basson eager to make a fresh start
The Namibian, "Dr. Death" is Off the Hook in South Africa
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SRI LANKA
Release of Massacre Report Urged
October 26, 2005
On the fifth anniversary of the massacre of 27 young Tamils in Bundarawela, the Asian Centre for Human Rights (ACHR) has called on President Kumaratunga to publish a report on the massacre that she commissioned but never released. The group also urged the police force to conduct disciplinary hearings against the senior officers involved in the incident. In the massacre, local residents attacked Tamil youth being held in a detention center, killing 27 and injuring 14. The ACHR claims that the report implicates police in the killings and states that the prosecution destroyed evidence related to the events.
See: BBC, Sri Lanka accused on riot report
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UNITED STATES
Survivors of Tulsa Race Riots Continue Struggle for Reparations
October 31, 2005
Black leaders have rallied on behalf of survivors of the 1921 Tulsa race riot, vowing to continue their struggle for reparations. In the riot, a white mob torched the city's prosperous black business district. Some estimate that up to 300 people died. Survivors and descendants sued the city of Tulsa, police and the state for reparations in 2003. Lower courts ruled that the statute of limitations had run out and the U.S. Supreme Court refused in May to hear their appeal. An attorney has filed a petition for a hearing on the case before the Organization of American States.
See: AP (Chicago Sun-Times), Rally for 1921 race riot survivors
AP (Houston Chronicle), 1921 race riot focus of reparations rally
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HOLOCAUST
German Court Rules in Favor of Wertheim Heirs
October 27, 2005
Germany's State Administrative Court in Leipzig has ruled in favor of the heirs of the Wertheim family in a real estate dispute over a site near Berlin's Potsdamer Platz. The family lost its department store fortune under the Nazis, and the court found that they had not been compensated under Allied reparations programs. The site is now worth millions of dollars, and attorneys for the heirs involved in the suit have said they plan to sell it and distribute the proceeds to the heirs through the Jewish Claims Conference.
See: AP, Jewish Heirs Who Lost Fortune Win in Court
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Editor: Patrick J. Pierce
Patrick J. Pierce serves as a consultant to the ICTJ.
Contributing Editors: Marieke Wierda and Miranda Sissons
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