Impunity Watch: North America

Judge Orders the Detention of Martinelli, Cousin of Panama's President

By Brenda Lopez Romero
Impunity Watch Reporter, North America desk

MEXICO CITY, México – Ramón Martinelli Corro, cousin of Panama’s president, was held after a Mexican judge ordered his detention.  The Mexican prosecutor stated Martinelli Corro was already in prison custody since November of last year for allegedly laundering money. 

Marinelli Corro along with three Mexican nationals and four Panamanians were accused of being involved in a crime ring that transported U.S. dollars from Mexico to Panama for the Beltran Leyva brothers’ drug cartel.  The district judge for criminal matters ordered Martinelli Corro’s detention after he had already spent two and half month in preventive detention. 

The Beltran Leyva drug cartel, one of the most violent with the strongest corruption power, received its toughest set back when its highest leader, Arturo Beltran Leyva, was killed in a shoot out with the Mexican military in Cuernavaca, the capital of the state of Morelos. 

The Mexican district attorney’s office stated that Marinelli Corro's ring included two police officers that operated in the international airport of Mexico City.  It is expected that the judge will provide a formal indictment within the next few days to initiate the formal criminal procedure to bring Marinelli Corro to trial. 

For more information, please see:

EFE - Un juez ordena la detención de un primo del presidente panameño Martinelli por blanqueo – 7 Feburary 2010

Milenio - Encarcelan a primo del presidente de Panamá en el penal de Jalisco – 7 February 2010

El Sol de México - Consigna PGR al primo del presidente de Panamá – 8 February 2010

Quebec Will Accept 3,000 More Haitian Refugees

By William Miller

Impunity Watch Reporter, North America

QUEBEC, Canada - Immigration and Cultural Communities Minister Yolande James announced on Wednesday that Quebec would temporarily relax its immigration policy to allow more Haitians affected by the earthquake to immigrate into the country.

The temporary measures, which will be in place from February 17 to December 31, will allow for an additional 3,000 Haitians to immigrate into Quebec over the next year. The new policy will allow Haitians currently living in Canada to sponsor a broader range of residents for reunification with their families residing in Canada. Under the normal plan, only ascendants and descendants can be sponsored for immigration, typically allowing for parents, spouses, child and grandchildren only. Quebec's new temporary system will extend the policy to siblings and their families.

The 3,000 immigrants will exceed the 1,500 Haitians already approved for reunification this year. James said Quebec has set the cut off at 3,000 because Quebec lacks the facilities to properly integrate any more than that and would do them a disservice if they allowed them to immigrate. He also mentioned that the Haitian Prime Minister was concerned that Haiti would be deserted by the end of the year. At a press conference in Montreal James said “Why a maximum of 3,000? It's because we want to respect our capacity to integrate. We would be helping nobody in saying we accept an unlimited number of people. I think it is a generous plan. We alone in Quebec cannot help all of Haiti. We are doing our part with 3,000."

James further stated that decisions as to who would be allowed to enter the country would be made based on individual need. Haitian officials have been supportive of this policy. Haiti's consul-general to Montreal, Pierre-Richard Casimir said "It's all well and good to bring people in but there has to be the capacity to integrate them so they can fully enjoy the advantages they have in Quebec and Montreal and be profitable for the country they are from."

Canada is already home to about 100,000 Haitians. Over ninety percent of them are in Quebec. The majority of Haitians living in Canada have settled in Montreal.

For more information, please see:

AFP - Quebec to Take in 3,000 More Haitian Immigrants - 4 February 2010

Montreal Gazette - Quebec to Welcome 3000 Extra Refugees - 4 February 2010

CBC - Quebec Relaxes Immigration Rules for Haitians - 3 February 2010

United States Congress Introduces International Violence Against Women Act

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States - This past week, members of the United States Congress introduced the International Violence Against Women Act. The legislation marks the first time that the U.S. has placed the issue of violence against women throughout the world at the forefront of foreign policy. The legislation prioritizes the issue of violence against women in its prevention programs and foreign aid programs.

The International Violence Against Women Act was introduced by Senator John Kerry, Senator Barbara Boxer, Senator Susan Collins, Senator Olympia Snowe, Congressman Bill Delahunt, and Congressman Ted Poe. The bill will provide assistance to twenty countries that are trying to bring awareness to the issue. It will also provide funding to shelters, education, training, and economic empowerment programs for women throughout the world. The bill will also provide education and training to police forces on how to properly identify and handle crimes against women. Probably the most important provision in the legislation is placing the issue of violence against women as a top priority in U.S. foreign policy. The bill calls for the U.S. to take action within three months against accusations of violence against women during wars and conflicts. 

The sponsors of the legislation cited many reasons for introducing the measure. They stated that in some countries almost seventy percent of the women have been victims of a violent crime. In those countries, not much protection is offered to women. The sponsors wrote that police, prosecutors, and judges overlook the severity of violence against women. 

Another important reason cited by the sponsors of the bill is the national security of the U.S. Besides providing women throughout the world extra protection and resources, the sponsors believe that the national security of the Untied States will be strengthened by the bill. According to the Joint Chiefs of Staff, female education is a prominent factor in helping to subdue and defeat extremism. Also, the bill will enhance the credibility of the Untied States throughout the world. 

For more information, please see:

Boston Globe - Violence Against Women is Global Struggle - 6 February 2010

Amnesty International - USA to Provide Effective Remedies to Violence Against Women and Girls with the Introduction of I-VAWA - 5 February 2010

Politico - Protection for Women a Top Foreign Policy Priority - 4 February 2010

Intelligence Director Outlines Policy on American Terrorists

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States - As threats of terrorist action against the United States have increased over the past year, Director of National Intelligence Denis Blair was questioned by the House of Representatives Intelligence Committee on Wednesday. Blair confirmed that more U.S. citizens have become targets for intelligence operations because of their actions taken against the U.S. He stated that intelligence agencies may kill those Americans involved in terroristic groups.

During the open hearing conducted by the Intelligence Committee, Blair stated that United States intelligence agencies had the authority to kill U.S. citizens who "are taking action that threatens Americans." Blair stated that if and when intelligence officials take such course of action, they would do so according to "defined policy and legal procedures." Blair believed that U.S. citizens needed to know that the intelligence community was involved in such actions. He also outlined two factors in assessing whether such action would be taken. Those factors are the terrorist organization the American belongs to as well as whether they threaten the lives of other Americans. Also, he stated that Americans would not be targeted because of free speech. Blair stated that specific permission needs to be granted to carry out the course of action.

Congressman Peter Hoekstra was concerned over the targeted killing of U.S. citizens. He questioned Blair on the practice and procedure of taking such action. Hoekstra stated that the action was a "sensitive issue," and expressed concern regarding the legal framework in which the practice could be used. 

The intelligence hearing and the questioning on the targeting of Americans in terroristic organizations is in response to growing threats upon the security of the U.S. by its own citizens. Most recently, Anwar al-Aulaqi, a U.S. citizen who became a leading official in Al-Qaeda, is accused of influencing the Christmas day bomber. The Yemeni-American has also participated in meetings with the Al-Qaeda and has been linked to the Army Major who murdered thirteen people at the U.S. Army Base in Fort Hood, Texas.

For more information, please see:

Washington Post - Intelligence Chief Acknowledges U.S. May Target Americans Involved in Terrorism - 4 February 2010

ABC News - License to Kill? Intelligence Chief Says U.S. Can Take Out American Terrorists - 3 February 2010

Reuters - Spy Agencies Can Target Americans - 3 February 2010

Indigenous Canadians Launch Olympic Human Rights Campaign

By William Miller

Impunity Watch Reporter, North America

BRITISH COLUMBIA, Canada - A group of First Nation leaders from British Columbia have decided to launch a human rights campaign targeting the large presence of international press that will be present for the Olympic Games which officially begin on February 12. Specifically, they will seek to pressure Canada into signing the United Nations Declaration on the Rights of Indigenous Peoples.

The UN Declaration passed in the UN General Assembly by a vote of 143 to 4 in September 2007. Canada, along with the United States, Australia, and New Zealand refused to sign the treaty. Australia has since retracted its position and endorsed the charter. There is some indication that New Zealand may do the same in the near future.

The Declaration recognizes all of the worlds Indigenous tribes and their right to their spiritual practices, culture, and institutions and seeks to combat human rights violations against Indigenous peoples.

Canada’s government has taken issue with the declaration because it feels the language is vague and overly broad. They also feel it conflicts with their current law on the regulation of ancestral Indigenous lands.

The goal of the campaign is to spread awareness to the international community of why Canada needs to enter into the treaty. "We have a treaty process in British Columbia that is not working, we have murdered and missing women in our communities that have not been dealt with, we face high levels of poverty and social challenges” Said Beverley Clifton Percival, treaty negotiator for the Gitxsan Hereditary Chiefs.

Chief Wayne Christian, spokesman for the Shuswap National Council views the campaign as a beginning but emphasizes that there will be more work. Christian stated, "Yet, while this is a great starting point, there is much work which still needs to be done after the Games to address aboriginal human rights, poverty, missing and murdered women, and rights and title."

This type of campaign has been successful in Canada before. In 1988, the Lubicon Cree launched a high profile press campaign targeting international press at the Calgary games to force a land settlement with the Canadian government. The campaign was successful in drawing international attention but after twenty-two years that issue remains unsettled.

For more information, please see:

The Canadian press - BC Indian Chiefs Launch Olympic Rights Campaign Targeting Foreign Media - 3 February 2010

CFRA Radio - BC Chiefs Launch Campaign - 3 February 2010

CNW - British Columbia All Chief’s Task Force Launches Coordinated Action Awareness Campaign - 3 February 2010

US Missionaries Accused of Trafficking

By Stephen Kopko

Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti - In wake of the devastating earthquake that has crippled the country of Haiti, ten American missionaries have been accused of trafficking Haitian children. The ten missionaries were arrested at the border of Haiti and the Dominican Republic and their preliminary trial began today.

The Baptist missionaries represent the New Life Children's Refuge. On January 28, 2010, the missionaries and the children set off for the Dominican Republic, where an orphanage is located. However, they were arrested at the border before they arrived at the orphanage. The missionaries did not have the proper documentation required to bring the children to the orphanage.

The missionaries defend their actions. They believed that they did not need the documentation that proved the children were orphans and had permission to leave the country with the children. They believed that they had the consent of local pastor's to provide the children with better lives after the earthquake destroyed the villages where the orphans resided. Their actions were defended by Pastor Clint Henry of the Central of the Valley Baptist Church in Idaho. He stated, "I can assure you that the intent of our group going down there had absolutely nothing to do with kidnapping and everything to do with helping a desparate situation in Haiti."

The Haitian government did not take the same view as the missionaries. They believe that the missionaries are kidnappers. Prime Minister Jean-Max Bellerive and Justice Minister Paul Denis want the missionaries to be tried and stated that even though Haiti has been devastated by the earthquake they are still a country and laws need to be obeyed. According to Haitian officials, the government stopped all adoptions after the earthquake. The Haitian government feared that people would take Haitian children for illegal adoptions or sell the children into slavery or prostitution. Therefore, Prime Minister Bellerive's signature was required before any child could be taken out of Haiti after the earthquake.

Since the arrest, Haitian officials have discovered that some of the children are not orphans and have parents. Some of the children were taken by the missionaries with their parents permission. The parents believed that the missionaries could offer a better life for their children. However, the missionaries may have misrepresented the reasons why they were offering to take the children to the Dominican. According to Issac Adrien, a worker for the Baptist group, the parents were told that the missionaries were going to take their children and educate them. Later, the children would be returned to their parents. Nevertheless, some people believe that the missionaries were going to prepare the children for adoption.

For more information, please see:

MSNBC - Many Children in Haiti Case Are Not Orphans - 3 February 2010 

NY-TIMES - While Baptist Group is Questioned, Scientologists Are Praised in Haiti - 3 February 2010

ABC NEWS - Haitian Judge to Rule in Child Trafficking Charges Against Americans - 2 February 2010

U.S. Citizen Detained in Immigration Center Sues the Government

By Brenda Lopez Romero
Impunity Watch Reporter, North America desk

SEATTLE, Washington - The government lost its Motion to Dismiss in the case of Army veteran Rennison Castillo.  Castillo claims he was detained for seven months at an immigration center and the Immigration Customs and Enforcement officials failed to check his military record and Social Security number.  U.S. District Judge Ben Settle allowed the case to continue to discovery, while the government appealed his decision to keep the case open. 

The government argued that there is no constitutional right to a perfect search of immigration files.  Further, they argue that there is no legal precedent to sue, beyond a negligence action, for his "unfortunate detention."  The exhibits filed in court recount that Castillo could not provide proof of his citizenship aside his statement that he was a U.S. citizen.  Moreover, his situation was worsen due to misspelled versions of his first and last name and he did not have family near the detention facility to ask for assistance.

Matt Adams, an attorney at the Northwest Immigrant Rights Project who is helping Castillo, said "we want to make sure to hold the government accountable."  Castillo was not released until his immigration attorneys confirmed his U.S. citizenship.  Castillo was born in Belize and has resided in the U.S since he was 7.  In 1998, he became a naturalized citizen while serving in the Army.

The Associated Press documented over 55 cases, last year, in which U.S. citizens were detained by immigration officers and immigration lawyers assert there are hundreds of such cases.  However, Castillo is one of the few people who challenged the government over improper detention.

Castillo stated he seeks damages and most importantly an apology.  Castillo is also concerned about "what's going to happen to the next person."

For more information, please see:

The Houston Chronicle - U.S. citizen held at immigration center sues feds - 2 February 2010

The Washington Post - Judge won't dismiss suit over US citizen detention - 2 February 2010

Gunmen in Ciudad Juarez Kill 16 People

By Brenda Lopez Romero
Impunity Watch Reporter, North America

JUAREZ, Mexico – Armed gunmen attacked a party where they killed sixteen people and wounded twelve more. The Mayor Jose Reyes Ferriz said the motive was unknown and "the people who died were young.  They were good people. There was no association with any crime group." Municipal Police spokesperson Jacinto Seguro reported the incident occurred around 12:30 a.m. local time on Sunday in southern Juarez.  Seguro further stated that "witnesses said the gunmen arrived in seven cars [with darkly tinted windows], closing down the streets and blocking exits. They then stormed into the party and began shooting as the group was watching a soccer game." The victims included ten individuals between the ages of thirteen and ten, and four between the ages of twenty-three and forty-two. The two others were unidentified. 

The crime scene displayed rooms with few furniture and pools and splatter of blood inside the home. There were over 100 AK-47 bullet casings according to Seguro and Reyes. The AK-47 -- known by "cuerno de chivos," meaning "goat's horn," is a weapon of choice for drug cartels.

(PHOTO: Crime Scene, courtesy of The Washington Post)

Arturo Sandoval, the state attorney general’s office spokesperson announced that the state government is offering a reward of one million pesos (U.S. $76,000) for information leading to the arrests of the gunmen. Sandoval noted that "you never expect something like this to happen." Sandoval’s stated "at the moment, [they] don't have any leads."

The residents of Juarez have experienced much violence related to drug trafficking but "now, the danger is that they will come into anyone's home and shoot anybody. We have no one to protect us or defend us," said Teresa Henriquez, an aunt of one of the victims. The military force in the area has not been able to quell the violence.  

As of Monday, 230 killings had been recorded in Juarez since the start of the year, Sandoval said.

For more information, please see:

The Los Angeles Times - Ciudad Juarez Police Baffled by Shooting of Teens – 01 February 2010

The New York Times - Gunmen in Mexico Kill 16 in Attack on a Teenagers’ Party - 01 February 2010

The Washington Post - Mexican Mayor Fears Massacre of 16 Was Random – 01 February 2010

Canada Courts Find Guantanamo Detainee’s Rights were Violated

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada - The Canadian Supreme Court held that Canadian officials violated the rights of Omar Khadr on January 29, 2009. The Court further held that the Canadian Government does not have to request repatriation from the United States where Omar is currently in custody.

Khadr in an interrogation room at Guantanamo Bay Prison in 2003. (PHOTO: Globe and Mail)

Khadr was captured in Afghanistan in 2002 by United States soldiers. He was accused of throwing a grenade at U.S. soldiers and has been in U.S. custody ever since. He continues to deny this charge.

Khadr was only fifteen at the time of his arrest and is considered a child soldier under international law. He remains the youngest person to have been held at the American detention center in Guantanamo Bay. During his time at Guantanamo Khadr was interviewed by Canadian authorities. Those interviews became the source of claims that Canada participated in the violation of Khadr’s rights.

Canada’s mistreatment of Khadr was first raised in Canadian courts in 2009. The court held that Khadr’s rights had been violated during these interviews and that Canada should ask the United States to return Khadr to Afghanistan. That decision was upheld on appeal before it reached the Supreme Court.

The Canadian Supreme court held on Friday that Omar’s rights were violated during three interviews conducted by the Canadian Foreign Affairs and Spy Agency between2003 and 2004. In those interviews Canadian officials interrogated Khadr while he was exposed to methods of torture including sleep deprivation. In their opinion, the court said "Canada actively participated in a process contrary to Canada's international human rights obligations and contributed to Mr. Khadr's ongoing detention so as to deprive him of his right to liberty and security of the person."

The court held however that repatriation was not an appropriate remedy. "The proper remedy is to grant Mr. Khadr a declaration that his Charter rights have been infringed, while leaving the government a measure of discretion in deciding how best to respond."

The United States has been criticized sharply for its treatment of Khadr. The American Civil Liberties Union has called for his release. The United Nations has also criticized the United States for their treatment of Khadr saying they are in violation of The U.N. Protocol on the Involvement of Children in Armed Conflict Resolution, which the United States ratified in 2002. Canada has so far declined to ask the United States for Khadr’s repatriation.

For more information, please see:

AFP - Ottawa Not Required to Repatriate Guantanamo Inmate: Court - 29 January 2010

CommonDreams.org - Canadian Supreme Court Guantanamo Detainee’s Rights Were Violated - 29 January 2010

Globe and Mail - Khadr’s Ruling Sees Top Court Clash With Torries - 29 January 2010

U.S. Officials Support Repeal of Don't Ask, Don't Tell Policy

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States - Over the last few weeks officials in the United States government have begun to examine the military's Don't Ask, Don't Tell policy. Both elected officials and those within the U.S. military are advocating a repeal of the policy.

The policy relates to homosexuals serving in the military. Until 1993, no homosexual person could serve in the U.S. military. In 1993, President Clinton believed that homosexual soldiers should be able to serve openly in the military. At that time, Congress and the military were reluctant to impose Clinton's policy. They believed that Clinton's policy would cause disorder within military ranks. A compromise was created between Clinton and Congress. That compromise was the Don't Ask, Don't Tell policy. Under the policy, homosexuals could not openly serve as a homosexual while in the military, marry a person of the same sex, or engage in homosexual activity. However, the military could not ask applicants of the military whether they were homosexual. Since passage of the policy, more than 13,000 homosexual soldiers have been discharged from the military because of the policy.

After seventeen years of the Don't Ask, Don't Tell policy, many U.S. officials have advocated for its repeal. During his campaign for the Presidency, President Obama stated that he would repeal the policy. President Obama again advocated for the policy's repeal in his State of the Union address to Congress last Wednesday.

Two congressmen from Pennsylvania also are outspoken advocates for the policy's repeal. Congressman Joe Sestak and Congressman Patrick Murphy are both former members of the military. Congressman Murphy introduced legislation that would repeal the law. The legislation is supported by 187 co-sponsors in the House of Representatives. However, the bill has yet to be voted on.

Leaders in the Pentagon and high ranking military officials also are taking steps in order to repeal the law.  Next week, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen will present an implementation plan to Congress outlining the initial steps on how the law should be repealed.  Gates believes that the policy should be repealed in incremental stages. Gates cited President Truman's 1948 order desegregating the military as support for incremental changes. The desegregation of the military took approximately five years. 

For more information, please see:

Allentown Morning Call - Murphy, Sestak Urge End of "Don't Ask, Don't Tell" - 30 January 2010

Washington Post - Pentagon Starts Clock on Lifting Gay Ban - 20 January 2010

NYTIMES - Pentagon to Detail New "Don't Ask, Don't Tell" Steps - 28 January 2010