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Today is a day to remember the suffering of millions. It is a time to remember the words "never again". It is a time to consider rising anti-semitism that has no place in our societies. In the United Kingdom it has recently been reported that one in twenty adults do not believe the Holocaust, also known as The Shoah in Hebrew, occurred and that is truly shocking. Such ignorance demonstrates the need for continuous education on the Genocide, the Holocaust and the many conflicts since that time. Following the Holocaust, genocide was recognised as an international crime and is generally regarded as the 'crime of crimes'. Genocide denial has also been criminalised in a number of countries. The Holocaust saw six million Jewish men, women and children killed. Following the Holocaust, the mantra never again emerged. However, the world saw the Armenian Genocide in 1915-1917 where 1.5 million are believed to have died. In Cambodia, upwards of 2 million are believed to have killed or died through disease, exhaustion and starvation. In Rwanda, about one million Tutsis and moderate Hutus were killed in 100 days. In 1995 in Srebrenica, Bosnia and Herzegovina, 8,000 Muslim men and boys were killed. In 2003, in Darfur, about 400,000 people were killed. More recently, conflicts in Libya, Syria, Myanmar, and Yemen has seen hundreds of thousands of civilians killed and whilst all instances may not satisfy the narrow legal constraints of Genocide, atrocity crimes committed on such scales demonstrate that there is a clear need to develop strategies on bringing perpetrators to justice. It is with great sadness that, on this memorable day, we must recognise the chaotic times in which we live.  Conflicts in South Asia, the Middle East and North Africa, autocratic regimes emerging and strengthening in nearly every corner of the globe.   The protection of human rights and fundamental freedoms, rights that we all take for granted in a democracy, have been subjugated by dictatorial and military regimes. Our age will be remembered as a period of renewed conflict, religious and cultural intolerance, a void of accountability, and thriving impunity. New and old autocratic regimes around the globe engage in practices of persecution, displacement and destruction. Such regimes use the arms of government to circumvent the rule of law and seize judicial, law enforcement and state security institutions. It will also be remembered as a time of hopelessness and despair, but it need not be.  Evil will only prevail when good men and women truly do nothing and watch silently. It is our duty and our obligation to humanity to rise against cultures of impunity and oppression.

The death of democracy does not occur overnight and does not occur without a conscious and conscientious effort. It takes a coordinated and determined plan. It requires the erosion of state institutions. It requires the circumvention of the rule of law. It requires the decimation of a free media and the withdrawal of freedom of speech. And it requires the establishment and entrenchment of a culture of fear and complete impunity for state sanctioned violence against the civilian population. Democracy in Bangladesh did not die suddenly on 30 December 2018. It has been in gradual decay since at least 2009, if not before. For those of who did not see this or predict this happening, they chose consciously not to see. Whilst death did not occur on 30 December 2018 it was certainly the day of its wake. The blame for this decay has been laid firmly at the feet of the Prime Minister, Sheikh Hasina Wajed and her ruling Awami League party. Sheikh Hasina has been blamed for creating one party rule; criticised by many opponents for finishing what her father may have started. However, much as it is the ruling elite that has eroded the state, it is also the international community and the people of Bangladesh that have allowed this to happen by blind and wilful ignorance. The question must be why. Why have we displayed such blind and wilful ignorance? The answer to that may well be that the hundreds if not thousands that have suffered at the hands of the brutal State Security Service are not our friends. They are members of the political opposition that we do not like and do not trust. They are ordinary people that play no role in our lives and are consequently dispensable. For it was not until a renowned photojournalist, Shahidul Islam, was arrested and arbitrarily detained for speaking critically of the ruling party that outrage was expressed. According to media reports, his detention was widely seen as a test for freedom of speech in Bangladesh and sparked worldwide demands for his release. But why have we remained silent for the hundreds of others who have disappeared or the thousands that remain detained without charge. What about Mir Ahmad bin Quasem and what about Abdullahil Amaan Azmi both missing since August 2016. Bangladesh has for a number of years been a country of concern for many within the international community, as despite its rhetoric and protestations to be a democracy, the reality is quite different, with countless mass human rights violations being committed with disturbing frequency, to such an extent that it can clearly be seen as State sanctioned policy. Further, emboldened by the lack of consequence for its actions, the Government of Bangladesh has adopted policies to reduce democratic space and consolidate its grasp on power. The Government of Bangladesh and its security services now have statutory authority to continue to oppress civilians, oppression that thus far, has been free from consequence, other than occasional ‘statements of concern’ from certain quarters of the international community. It is now quite clear that following the recent election, and the credible reports of widespread and systematic corruption, it is no longer enough to issue statements of concern, as they are simply ignored by the Government, or devalued by reference being drawn to an alternative position that may have offered positive comment, no matter how limited. The Government of Bangladesh is adept at manipulating the facts to suit its own ends, and will not hesitate to rely on mischaracterisations, statements used out of context, and on occasion, falsehoods, to give credence to its positions. The Awami League won the 2014 parliamentary elections with hardly a vote being cast. The opposition coalition boycotted the election in a move that was regrettable and widely criticised. In the recently held 2018 parliamentary election, the Awami League secured close to 96% of the vote. It has been long debated as the dictators’ dilemma as to whether it is more prudent to take the election with 100% of the vote, as with Saddam Hussain (although he was subsequently overthrown) or to give the election the appearance of legitimacy and fairness by taking a more modest percentage of the vote. Clearly this was a dilemma for the incumbent Awami League in Bangladesh with claims of a win of 96% of the vote putting its Prime Minister in the ranks of Turkmenistan’s President Gurbanguly Berdimuhamedov with 97%, Uzbekistan’s Islam Karimov with 91%, Kazakhstan’s Nursultan Nazarbayev 81%, and Syria’s Bashar al-Assad with 98%. Bangladesh has now reached such heights, as predicted earlier this year, of full autocracy and the next 5 years is likely to be a painful chapter in Bangladesh’s history. It is now quite clear that Sheikh Hasina considers Bangladesh to be her own back garden and woe-betide anyone who tries to take it away from her and dynastic family rule. It is clear that the mere holding of an election a democracy does not make. An election must be free, and it must be fair, otherwise, it merely contributes to a façade. The elections in 2014 and 2018 were just that, a façade. Individuals were prevented from exercising their democratic rights, to the extent that entire parties either boycotted the election as they refused to legitimise a palpably unfair process or were actively prevented from participating. Opposition to the ruling party has been met with a violent crackdown, numerous civilians losing their lives, and many more injured, and yet, no-one has been held accountable for the undoubted offences committed during this period. Such impunity has reigned ever since; de factostate policies of enforced disappearance and extra-judicial killing exist, and whilst it cannot be properly suggested that every single instance has been overtly state sanctioned, the complete impunity with which the security services operate, and the increasingly aggressive and violent rhetoric from the government, offers at the very least, tacit approval and encouragement. The Awami League has successfully built a narrative that anyone opposed to it and its policies, is opposed to Bangladesh as a country and therefore is a threat and a target. The reality however is that in using the past to attempt to cling to power, it is repeating those historical mistakes, and only fracturing the country further.

Weekly Update: 14 JANUARY - 20 JANUARY 2019 The following media round up of international legal and foreign policy issues from around the world for the week of 14 January - 20 January 2019. The Guernica Group will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Nenad Vucijak for consideration. Gaza: 14 January 2019 Palestinian teen shot by Israeli forces in Friday protest dies The 14-year-old is the third Palestinian to be killed since Friday's protest along the perimeter fence https://www.aljazeera.com/news/2019/01/palestinian-teen-shot-israeli-forces-friday-protest-dies-190114084722190.html United States of America: 14 January 2019 Pompeo presses Saudis for accountability on Khashoggi murder Top US diplomat says Saudi king and crown prince reaffirmed commitment to hold Khashoggi's killers to account. https://www.aljazeera.com/news/2019/01/pompeo-presses-saudis-accountability-khashoggi-murder-190114103843748.html Cote d'Ivoire:  14 January 2019 International Criminal Court acquits former president Gbagbo of war crimes in Côte d’Ivoire https://news.un.org/en/story/2019/01/1030482 International: 16 January 2019 More urgency needed to help increasing numbers ‘locked out’, before 2030, says UN’s Bachelet https://news.un.org/en/story/2019/01/1030552 Democratic Republic of Congo: 16 January 2019 Nearly 900 reportedly killed following ‘shocking’ intercommunal attacks in DR Congo https://news.un.org/en/story/2019/01/1030642 United States of America: 16 January 2019 US arrests journalist working for Iran's state Press TV Iranian broadcaster says Marzieh Hashemi was arrested after landing at St Louis international airport https://www.aljazeera.com/news/2019/01/arrests-journalist-working-iran-state-press-tv-190116074419139.html https://www.aljazeera.com/news/2019/01/american-journalist-iran-press-tv-jailed-190117085325166.html Saudi Arabia: 17 January 2019 Another Saudi woman takes to Twitter to 'escape abusive family' Identified as Nojoud al-Mandeel, she posts audio clip alleging her father beat and burned her 'over something trivial’. https://www.aljazeera.com/news/2019/01/saudi-woman-takes-twitter-escape-abusive-family-190117100510499.html Middle East: 17 January 2019 #10YearChallenge: Hashtag used to highlight war and suffering Viral craze used by social media users to highlight the destruction across several Middle East countries https://www.aljazeera.com/news/2019/01/10yearchallenge-hashtag-highlight-war-suffering-190117151029234.html Yemen: 17 January 2019 Houthis illegally detaining, torturing women: Yemeni activists Sanaa-based monitor says Houthi rebels are holding dozens of women without trial and often torturing the detainees https://www.aljazeera.com/news/2019/01/houthis-illegally-detaining-torturing-women-yemeni-activists-190117135833595.html Syria: 17 January 2019 'Abandoned, forgotten': Syrian refugees plead for help in Arsal Refugees struggle to cope as conditions worsen in Lebanon's Arsal, an isolated border town once a stronghold of ISIL https://www.aljazeera.com/news/2019/01/forgotten-syrian-refugees-plead-arsal-190117093915125.html Myanmar: 18 January 2019 UN rights expert calls for civilian protection as fighting escalates between military and armed group https://news.un.org/en/story/2019/01/1030852 Syria: 18 January 2019 Syria's war: Who is responsible for the dying children of Rukban? The 'man-made' tragedy in the encampment of about 50,000 people already killed eight children this winter. https://www.aljazeera.com/news/2019/01/syria-war-responsible-dying-children-rukban-190117081109646.html Saudi Arabia: 20 January 2019 Saudi Arabia to deport 250 Rohingya to Bangladesh: Activist group Activists fear deported Rohingya could be jailed upon arrival in Bangladesh https://www.aljazeera.com/news/2019/01/saudi-arabia-deport-250-rohingya-bangladesh-activist-group-190120155247369.html Palestine: 19 January 2019 Jailed Palestinian who sold land to Israelis set to be freed Palestinian-American who received life sentence for selling property to Jews is reportedly set to be sent to US. https://www.aljazeera.com/news/2019/01/jailed-palestinian-sold-land-israelis-set-freed-190118075643009.html Palestine: 20 January 2019 Children's lives 'in danger' amid Gaza fuel shortage Five hospitals in the Palestinian territory could run out of fuel 'within hours', endangering lives of many patients https://www.aljazeera.com/news/2019/01/children-lives-danger-gaza-fuel-shortage-190120164456102.html Saudi Arabia: 19 January 2019 Jamal Khashoggi case: All the latest updates Here are the latest developments related to the Saudi journalist's murder inside the kingdom's consulate in Istanbul https://www.aljazeera.com/news/2018/10/jamal-khashoggi-case-latest-updates-181010133542286.html Libya: 20 January 2019 Photojournalist Mohamed Ben Khalifa killed in Libya Acclaimed news photographer was was hit by shrapnel during a new round of clashes in Libya https://www.aljazeera.com/news/2019/01/190120065624541.html Saudi Arabia: 20 January 2019 Sister of jailed Saudi activist pleads for Pompeo's help She says her sister has spent months in prison being beaten, waterboarded, given electric shocks and threatened with rape https://www.aljazeera.com/news/2019/01/sister-jailed-saudi-female-activist-calls-pompeos-190114080823014.html Documentary January 2019 "Witness" Latifa: Fighting Hatred with Love in France After her son was murdered by Mohamed Merah, Latifa Ibn Ziaten decided to fight for France's marginalised youth https://www.aljazeera.com/programmes/witness/2019/01/latifa-fighting-hatred-love-france-190109123242313.html

BILGE NESIBE KOTAN - TRTWORLD One of the hundreds of death certificates issued by the Syrian regime over the last few months, one is for American aid worker Layla Shweikani. Experts say it is now time for the US to seek justice. In September 2015, 26-year-old Layla Shweikani travelled from her house in the United States, where she was born and raised, to the Syrian capital Damascus. It was the year that a mass influx of more than 14,500 internally displaced people were arriving in Damascus from opposition-held Eastern Ghouta as a result of Syrian regime siege and airstrikes. Shweikani studied computer engineering, but she felt the need to travel to Damascus to help with humanitarian work. In February the following year, she went missing. Two years later, the Syrian civil registry has sent a death certificate to her family. Reports emerged that she had been detained, badly tortured and finally executed by the Assad regime. An anonymous source tells TRT World that she was killed in the infamous Sadnaya prisonon December 18, 2016, after being transferred from Adra prison. US courts currently have another case pending against the Syrian regime for the killing of a US citizen. Journalist Marie Colvin was killed in 2012 by a rocket as she tried to escape the besieged city of Homs. Her case has already been before the federal court and is currently pending in Washington DC as her family decided to engage a legal team to file a civil action suit in the US federal courts. “Colvin's case can effectively set a precedent for other similar cases being brought in the US federal courts,” Toby Cadman, an international law specialist in the field of war crimes and human rights told TRT World. Discussing the death of Shweikani in Syria, Cadman said: “The fact that she is a dual American and Syrian citizen would appear to give her standing or her family standing to bring a case in before the American courts. Alternatively, he said: “The same kind of process as Colvin’s case could be taken by legal groups working in the United States and brought on her behalf.” However, Shweikani’s dual citizenship could complicate her case. According to Cadman, for the Syrian regime, it means she effectively travelled Damascus as a Syrian. But that doesn't mean that there's no obligation on the US authorities to take action when a citizen has been abducted and disappeared, he added. There are reports that the Czech ambassador, on behalf of the US State Department, asked Bashar al Assad’s security chief Ali Mamlouk to release Shweikani on December 18, eight months after she was detained. But instead, a military judge ordered her killing a week after the request. She was executed two days after the order. It is unknown if the US made any other effort to save its citizen and no information was released on the whereabouts of her body. The only information that families of the victims receive from the regime is either a phone call or a document from the civil registration, without provision of any tangible proof. International law considers these cases as forced disappearances without a body. Approximately 82,000 enforced disappearance cases were recorded by the SNHR between March 2011 and August 2018. Fadel Abdul Ghany, founder of Syrian Network for Human Rights (SNHR) told TRT World that he doesn't think that the State Department did enough to save Shweikani. He said they could solve the issue with discussions and negotiations, or through Russia, which has been actively involved in the war since 2015 as an ally of the Syrian regime. “There is not enough effort and pressure against the regime or those prisons. Without the pressure the regime feels like it has a green light and they’re able to do whatever they want - including using chemical weapons and torturing thousands of people in Syria,” he said. Since spring 2018, the Syrian regime began issuing death notices at an unprecedented rate, even though the political prisoners had been killed years earlier. Both Ghany and Cadman agree that is why Shweikani’s family received her death certificate. It is a sign of Assad's claim that he is consolidating his grip on power and the need to close the chapter on executed political prisoners. “The regime discovered a way of doing it through the civil registry - reaching the families, telling all of them that it is natural causes and heart stroke that killed them,” Ghany said. “It is odd because it is not the job of the civil registry - it is the prisons’ and hospitals’.” In Syria, when someone goes missing, it is likely they have been sent to a Syrian regime prison where tens of thousands are tortured and died in custody. “It [this trend] shows the mechanics of the regime using military intelligence, using the courts to effectively cover up their crimes by issuing these phoney death certificates,” said Cadman. “There is also a certain level of impunity by the Assad regime - they'll issue a death certificate, and they know nobody's going to be able to prosecute them for that person's murder.” In the wake of recent certificates issued by the Syrian regime, a UN Syria coalition, with the support of SNHR, published a report on November 27 calling on the Syrian regime to suspend any enforcement of capital punishment, including when issued by military or field courts. But both Ghany and Cadman believe the Assad regime does not consider itself to be bound by laws of international justice. They say what needs to happen now is that the US should question the Syrian regime about the circumstances of Shweikani’s death, and get a response . “The US department should order the regime deliver the body, declare how she has died publically and at least give the family her belongings,” said Ghany. “This is a minimum accountability that this lady deserves to have.” For Cadman, justice is a complicated issue when it comes to Shweikani’s case. “[It is] Financial compensation as result of a civil case and not a criminal case,” he said. “What we want to see are the individuals responsible for her death to be held criminally accountable.” https://www.trtworld.com/middle-east/the-syrian-regime-killed-a-us-citizen-where-is-the-accountability-22085

11 January - 18 January 2019 For The Guernica Group, the work developed by the Integral System of Truth, Justice, Reparation and No Repetition (SIVJRNR) of Colombia is essential to carry out and consolidate the Peace Accord. Victims are the central pillar and the guarantee for the need to define the truth and ensure accountability for key episodes of violence committed during the armed conflict, as the basis of long-lasting reconciliation. The Special Jurisdiction for Peace (JEP) has the potential to develop new legal precedents that could reshape the work of international criminal lawyers and generate a valuable legacy for the whole Latin American region. Accordingly, The Guernica Group will provide weekly media updates from the Special Jurisdiction for Peace in order to expand the JEP’s outreach and generate debate around the cases, the judicial proceedings and the procedures of the different Chambers. The summary of the news will be published in both English and Spanish, and will include links to the relevant articles: The Special Jurisdiction for Peace (JEP) expresses its rejection and deep concern in light of the attack against the Santander General Police Cadet School: The JEP joins all the voices of rejection for this cruel and inhumane act and supports the victims and their families. The JEP has requested urgent clarification of the events, stating that these violent acts cannot truncate the construction of Peace Special Jurisdiction for Peace, Communication to Public Opinion, 17 January 2019, access at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/JEP-manifiesta-su-rechazo-frente-al-attached-against-the-School-General-Santander.aspx The President of the Special Jurisdiction for Peace, Patricia Linares, takes stock of what has taken place during 2018, on the anniversary of its first year of operation: A year ago, the 38 Magistrates of the Special Jurisdiction for Peace (JEP) were appointed to develop the most important postulates of this jurisdiction agreed upon in the Final Peace Agreement: doing justice, repairing victims, seeking the truth and preventing the violent acts, that left more than eight million victims as a result of half a century of conflict, from ever being repeated. As a commemoration of this event, on 16th January the JEP held an assessment of what happened in 2018 and the challenges it will face for this coming year. One year after the beginning of the work of the Judiciary, 11,675 people have signed the submission to the JEP; of this total, 9,687 are ex-combatants of the FARC-EP, 1,938 of the Public Force, 38 are State Agents and 12 from Social Protest. On the other hand, the JEP received 168 reports that were delivered by organizations of victims and State entities, on events that occurred in the context and because of the armed conflict, information on which the JEP opened its first 5 major cases. The JEP has also stressed that these advances would not have been possible without the participation of the victims and the international community, and the support and follow-up of the United Nations, the Inter-American Human Rights System and the International Criminal Court (ICC). Patricia Linares remembers that the JEP is "a Jurisdiction of Peace, not of revenge". Click here to discover 10 facts and anecdotes that you did not know about the JEP Special Jurisdiction for Peace, "JEP and victims: balance and projection", 17 January 2019, access at https://www.jep.gov.co/Sala-de-Prensa/Paginas/JEP-yV%C3%ADctimas.-Balance-and-Projection%C3%B3n.aspx Special Jurisdiction for Peace, "" There are many actions, decisions and actions taken and adopted by the Jurisdiction in the last 10 months, "Patricia Linares, president of the JEP", 17 January 2019, access at: www.jep.gov.co/Sala-de-Prensa/Pages/La-JEP-en-una-Jurisdicci%C3%B3n-para-la-Paz-Patricia-Linares.aspx El Espectador: Drafting Colombia 2020, One year of the Special Jurisdiction for Peace, 16 January 2019, access at: https://colombia2020.elespectador.com/jep/un-ano-de-la-jurisdiccion-especial-para-peace The challenges of the JEP, according to the International Center for Transitional Justice (ICTJ): María Camila Moreno, Director of the International Center for Transitional Justice (ICTJ), made an intervention in the session organized by the JEP to take stock of its first year, listing the main challenges that will have to face the JEP in the next years. The main challenge, according to the ICTJ Director, is the visibility and legitimacy of the JEP in the eyes of the country. For ICTJ, it is key that the JEP explains clearly its purpose to investigate, judge and punish all the participants of the conflict, even though the signing of the Peace Agreement has been with the FARC-EP, which includes the demobilization of the old AUC and civilians who participated in the criminal actions that took place within the framework of the armed conflict. The Director also drew some specific challenges to some of the rooms. To the Recognition Room, for example, she suggested resolutions of conclusions within a year, since public opinion and victims expect results in the short and medium term. Another of the important challenges, according to the ICTJ, is that the Amnesty Chamber or Pardons orient their decisions based on international standards of Human Rights, International Humanitarian Law and International Criminal Law. Finally, Moreno called for attention to identify where the resources will come from to carry out the restorative sanctions in the territories and to guarantee the subsistence of those appearing in compliance with the sentences. El Espectador: Drafting Colombia 2020, "The challenges of the JEP, according to the ICTJ", January 16, available at: https://colombia2020.elespectador.com/jep/los-desafios-de-la-jep-segun-el-ictj The Inter-American Commission on Human Rights (IACHR) concludes a working visit to Colombia on the alarming situation of murders of social leaders and human rights defenders: The IACHR made a working visit to Colombia from November 27 to 30, 2018, in order to verify and observe the situation of human rights defenders in the field. The Commission has repeatedly expressed its concern about the situation of violence faced by human rights defenders and social leaders in Colombia, particularly the serious challenges to guarantee that affect them. The Ombudsman of Colombia revealed on 10th January that some 172 social leaders were killed during 2018, a fact that leads to 431 homicides being registered in the country since 2016. The JEP has stated that these murders, which mostly related to the defense of lands, damage the peace process initiated in November 2016. The President of the JEP, Patricia Linares, assured that the report delivered by the Prosecutor's Office last week about the murder and aggressions against the social leaders is the starting point for the construction and design of the large cases that the corporation is taking to sanction those responsible for these crimes. Inter-American Commission on Human Rights (IACHR), "IACHR concludes working visit to Colombia on the alarming situation of murders of social leaders and human rights defenders", January 15, 2019, available at: http://www.oas.org/es/cidh/prensa/comunicados/2019/008.asp Telesur, More than 170 social leaders killed in Colombia in 2018", January 10, 2019, available at: https://www.telesurtv.net/news/colombia-asesinato-lideres-sociales-defensoria-pueblo-20190110-0034.Html BluRadio, More than 50% of the murderers of social leaders are captured: Office of the Prosecutor, January 11, 2019, available at: https://www.bluradio.com/nacion/mas-del-50-de-los-asesinos-de-social-leaders-are-captured-fiscalia-202262-ie430 El Espectador: Drafting Colombia 2020, "Assassinations and aggressions of social leaders by the State, in data", January 12, 2019, available at: https://colombia2020.elespectador.com/jep/asesinatos-y-agresiones-de-lideres-sociales-por-parte-del-estado-en-datos Sexual violence, a debate that is just beginning in the JEP: In the early morning of September 2, 2005, three armed men, dressed in camouflage, carrying long weapons and covering their faces with scarves, arrived at the village Pueblitos, located in El Zulia, Norte de Santander. They broke into houses, stole their belongings and sexually abused two women. Orlando Guerrero Ortega, an army soldier responsible for this crime, was sentenced on November 23, 2016. While he was at the prison in Bucaramanga, he expressed his intention to take advantage of the JEP and requested to be transferred to a prison in a military unit, as allowed for by the Law of Amnesty and Differentiated Treatment. In these cases, the JEP has to face an essential question: when is an act of sexual violence related to the conflict? In the case of soldier Guerrero Ortega, the Juridical Situations Definition Room of the JEP denied him the possibility of transferring to a military unit, in a decision that was not unanimous. The reason was that the military did not meet one of the essential requirements, and that is that the facts have to do with the conflict. The Chamber said that the crime committed by Guerrero was not a consequence of the skills acquired during the conflict and that it did not weigh on the decision to steal and rape the two women. El Espectador: Editorial Board Colombia 2020, "Sexual violence: a debate that just begins in the JEP", January 14, 2019, available at: https://colombia2020.elespectador.com/jep/violencia-sexual-un-debate-quejust-start-in-the-jep The JEP requests a "palabrero or putchipu", a traditional authority through which to issue a judicial decision to a Traditional Authority of the municipality of Uribia: The JEP has asked the Junta Mayor of Palabreros Wayuu, for the designation of a “palabrero” or "putchipu" to communicate a judicial decision to a Traditional Authority of the Municipality of Uribia, with reference to the indigenous Irguis José Fontalvo Peláez, who is linked to an extradition to the United States for the crime of drug trafficking. In May 2018, Irguis Fontalvo Peláez submitted a petition to the JEP to grant precautionary measures of protection so that extradition was not effective, whilst his situation was being defined by this Jurisdiction. El Heraldo, JEP uses a palabrero to issue an indigenous decision, January 14, 2019, available at: https://www.elheraldo.co/la-guajira/jep-recurre-un-palabrero-para-emitir-decision-de-indigena-58823 Iván Márquez - ex-commander of the FARC, accuses the Government of Colombia of breaching the Peace Agreement. The Government rejects these criticisms, asking in turn for the JEP to define the situation of Márquez: Márquez, chief negotiator of the FARC in the dialogues of Havana, reappeared in a video in which he stated that they were wrong to agree on the delivery of their weapons when they trusted that the State would comply with the agreement on the political, economic and social reincorporation of the ex-combatants. Márquez considered that in the implementation the JEP this trust was destroyed, because whilst it was "conceived for all the parties involved in the conflict", in the legislative and constitutional formalization this has not been the case. "The institutions of the establishment resolved that it was only applicable to the guerrillas and the combatants, excluding from their Jurisdiction the Civil Agents of the State, the perpetrators of violence from the political leadership". For its part, the Government has ensured that the agreement reached in Cuba has been modified to work for the Special Justice for Peace (JEP). The High Councilor for the Post-conflict stated that "the findings of Iván Márquez in a video made public do not correspond to the facts and do not contribute to the construction of peace". Likewise, the High Councilor asks the JEP to define the situation of Iván Márquez, who has "an obligation to participate in the implementation of the Peace Agreement and is not doing so". BBC, Iván Márquez, one of the ex-commanders of the FARC, accuses the Colombian government of breaching the peace agreement, January 13, 2019, available at: https://www.bbc.com/mundo/noticias-america-latina-46853867 El Espectador: Drafting Colombia 2020, "Iván Márquez says that the State betrayed the Agreement but will fight for peace", January 12, 2019, available at: https://www.elespectador.com/noticias/politica/ivan-marquez-says-that-the-state-betrayed-the-agreement-but-that-will-fight-for-the-peace-article-833699 News Caracol, "Government rejected the criticisms of Iván Márquez against the peace agreement", January 13, 2019, available at: https://noticias.caracoltv.com/colombia/gobierno-rechazo-las-criticas-de-ivan-marquez-front-to-peaceagreement Caracol Radio, "Government asks JEP to define the situation of Iván Márquez", January 15, 2019, available at: http://caracol.com.co/radio/2019/01/15/nacional/1547507457_295670.htm The JEP rejects the attack against Alfamir Castillo, a victim recognized in case 003: "Illegitimately presented as casualties in combat by agents of the State": Last Friday, Mrs. Alfamir Castillo Bermúdez, special intervener and victim of extrajudicial execution of Case 003 as a mother, suffered an attack on a road between Palmira and Pradera, department of Valle del Cauca. Since 2012, Mrs. Castillo has benefitted from precautionary measures provided by the IACHR to protect her life. The JEP has reiterated to the National Protection Unit (UNP) the urgent request for strengthening the security surrounding Mrs. Alfamir Castillo, in turn requiring the Office of the Prosecutor to immediately investigate the serious facts that threaten her life. To this end, the President of the JEP asked the Attorney General of the Nation to give priority to this new case of attacks against victims of the armed conflict and social leaders committed to the peace process. Special Jurisdiction for Peace, "JEP rejects attack against Alfamir Castillo, victim recognized in case 003:" Illegitimately presented as casualties in combat by agents of the State ", and reiterates the request to the authorities to reinforce their protection and advance in the investigations ", January 12, 2019, available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/JEP-rechaza-atentado-contra-Alfamir-Castillo,-víctima-recognized-within-the-case-003.aspx Extradition of the captured José Castro Chillambo alias "El Doctor", requested by the United States: Colombia's Defense Minister, Guillermo Botero, confirmed last Saturday the capture of alias, "El Doctor", head of the FARC's residual group, Daniel Aldana. Extradition of "The doctor" (who previously had been admitted to the JEP) is requested by the Government of the United States for crimes of terrorism and aggravated kidnapping. The Colombian, "Captured alias" The doctor ", dissident requested in extradition by EE. UU ", January 12, 2019, available at: http://www.elcolombiano.com/colombia/paz-y-derechos-humanos/capturan-a-alias-el-doctor-disidente-de-las-farc-ND10024119 The Nydia Erika Bautista Foundation headquarters in Bogotá are attacked: The headquarters of the organization, which supports victims of enforced disappearance, was attacked last Saturday. The President of the Foundation has referred to the attack as "a message of warning and intimidation for her work in denouncing and defending the Human Rights of the victims of enforced disappearance before the ordinary courts and the Special Jurisdiction for Peace (JEP). El Espectador, "Attack the headquarters of the Nydia Erika Bautista Foundation in Bogotá", January 12, 2019, available at: https://www.elespectador.com/noticias/judicial/atacan-sede-de-la-fundacion-nydia-erika-bautista-en-bogota-article-833765

The death of democracy does not occur overnight and does not occur without a conscious and conscientious effort. It takes a coordinated and determined plan. It requires the erosion of state institutions. It requires the circumvention of the rule of law. It requires the decimation of a free media and the withdrawal of freedom of speech. And it requires the establishment and entrenchment of a culture of fear and complete impunity for state sanctioned violence against the civilian population. Democracy in Bangladesh did not die suddenly on 30 December 2018. It has been in gradual decay since at least 2009, if not before. For those of who did not see this or predict this happening, they chose consciously not to see. Whilst death did not occur on 30 December 2018 it was certainly the day of its wake. The blame for this decay has been laid firmly at the feet of the Prime Minister, Sheikh Hasina Wajed and her ruling Awami League party. Sheikh Hasina has been blamed for creating one party rule; criticised by many opponents for finishing what her father may have started. However, much as it is the ruling elite that has eroded the state, it is also the international community and the people of Bangladesh that have allowed this to happen by blind and wilful ignorance. The question must be why. Why have we displayed such blind and wilful ignorance? The answer to that may well be that the hundreds if not thousands that have suffered at the hands of the brutal State Security Service are not our friends. They are members of the political opposition that we do not like and do not trust. They are ordinary people that play no role in our lives and are consequently dispensable. For it was not until a renowned photojournalist, Shahidul Islam, was arrested and arbitrarily detained for speaking critically of the ruling party that outrage was expressed. According to media reports, his detention was widely seen as a test for freedom of speech in Bangladesh and sparked worldwide demands for his release. But why have we remained silent for the hundreds of others who have disappeared or the thousands that remain detained without charge. What about Mir Ahmad bin Quasem and what about Abdullahil Amaan Azmi both missingsince August 2016. Bangladesh has for a number of years been a country of concern for many within the international community, as despite its rhetoric and protestations to be a democracy, the reality is quite different, with countless mass human rights violations being committed with disturbing frequency, to such an extent that it can clearly be seen as State sanctioned policy. Further, emboldened by the lack of consequence for its actions, the Government of Bangladesh has adopted policies to reduce democratic space and consolidate its grasp on power. The Government of Bangladesh and its security services now have statutory authority to continue to oppress civilians, oppression that thus far, has been free from consequence, other than occasional ‘statements of concern’ from certain quarters of the international community. It is now quite clear that following the recent election, and the credible reports of widespread and systematic corruption, it is no longer enough to issue statements of concern, as they are simply ignored by the Government, or devalued by reference being drawn to an alternative position that may have offered positive comment, no matter how limited. The Government of Bangladesh is adept at manipulating the facts to suit its own ends, and will not hesitate to rely on mischaracterisations, statements used out of context, and on occasion, falsehoods, to give credence to its positions. The Awami League won the 2014 parliamentary elections with hardly a vote being cast. The opposition coalition boycotted the election in a move that was regrettable and widely criticised. In the recently held 2018 parliamentary election, the Awami League secured close to 96% of the vote. It has been long debated as the dictators’ dilemma as to whether it is more prudent to take the election with 100% of the vote, as with Saddam Hussain (although he was subsequently overthrown) or to give the election the appearance of legitimacy and fairness by taking a more modest percentage of the vote. Clearly this was a dilemma for the incumbent Awami League in Bangladesh with claims of a win of 96% of the vote putting its Prime Minister in the ranks of Turkmenistan’s President Gurbanguly Berdimuhamedov with 97%, Uzbekistan’s Islam Karimov with 91%, Kazakhstan’s Nursultan Nazarbayev 81%, and Syria’s Bashar al-Assad with 98%. Bangladesh has now reached such heights, as predicted earlier this year, of full autocracy and the next 5 years is likely to be a painful chapter in Bangladesh’s history. It is now quite clear that Sheikh Hasina considers Bangladesh to be her own back garden and woe-betide anyone who tries to take it away from her and dynastic family rule. It is clear that the mere holding of an election a democracy does not make. An election must be free, and it must be fair, otherwise, it merely contributes to a façade. The elections in 2014 and 2018 were just that, a façade. Individuals were prevented from exercising their democratic rights, to the extent that entire parties either boycotted the election as they refused to legitimise a palpably unfair process or were actively prevented from participating. Opposition to the ruling party has been met with a violent crackdown, numerous civilians losing their lives, and many more injured, and yet, no-one has been held accountable for the undoubted offences committed during this period. Such impunity has reigned ever since; de factostate policies of enforced disappearance and extra-judicial killing exist, and whilst it cannot be properly suggested that every single instance has been overtly state sanctioned, the complete impunity with which the security services operate, and the increasingly aggressive and violent rhetoric from the government, offers at the very least, tacit approval and encouragement. The Awami League has successfully built a narrative that anyone opposed to it and its policies, is opposed to Bangladesh as a country and therefore is a threat and a target. The reality however is that in using the past to attempt to cling to power, it is repeating those historical mistakes, and only fracturing the country further.

29 DECEMBER 2018 - 6 JANUARY 2019 The following media round up of international legal and foreign policy issues from around the world for the week of 29 December 2018 - 6 January 2019 The Guernica Group will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Nenad Vucijak for consideration. GAZA DECEMBER 2018 DOCUMENTARY A LOOK IN TO THE EYES OF BARBARISM https://www.youtube.com/watch?v=3okA5dulBB8 This video contains footage some viewers may find distressing UNA MIRADA A LOS OJOS DE LA BARBARIE https://www.youtube.com/watch?v=76tCNtbMZC0 Este video contiene imágenes que pueden herir la sensibilidad de algunas personas SUDAN 29 DECEMBER 2018 Anger over dictatorship, not bread, fueling Sudan uprising The protest wave sweeping across Sudan was never about bread; it is a nation fed up with a decades-old military dictatorship, say human rights activists and experts. https://www.dw.com/en/anger-over-dictatorship-not-bread-fueling-sudan-uprising/a-46894036 YEMEN 29 DECEMBER 2018 How free breakfast brought 500 girls back to school in Yemen https://globalvoices.org/2018/12/29/how-free-breakfast-brought-500-girls-back-to-school-in-yemen/ GAZA 30 DECEMBER 2019 A day, a life; when a medic was killed in Gaza, was it an accident? On June 1, an Israeli soldier shot into a crowd, killing a volunteer medic named Rouzan al-Najjar. Israeli officials say soldiers only use live fire as a last resort. Our investigation shows otherwise. We analyzed over 1,000 photos and videos, froze the fatal moment in a 3-D model of the protest, and interviewed more than 30 witnesses and I.D.F. commanders to reveal how Rouzan was killed https://www.nytimes.com/2018/12/30/world/middleeast/gaza-medic-israel-shooting.html BAHRAIN 31 DECEMBER 2018 Bahrain: Rights Defender’s Conviction Upheld Nabeel Rajab Sentenced to Remain Behind Bars Until 2023 https://www.hrw.org/news/2018/12/31/bahrain-rights-defenders-conviction-upheld SAUDI ARABIA 1 JANUARY 2019 Outrage after Netflix pulls comedy show criticising Saudi Arabia Standup Hasan Minhaj had mocked official accounts about fate of Jamal Khashoggi https://www.theguardian.com/media/2019/jan/01/outrage-after-netflix-pulls-comedy-show-criticising-saudi-arabia?CMP=share_btn_tw OPINION - CHINA 2 JANUARY China’s Gulag for for muslims In modern-day “re-education” prisons, Beijing is forcing ethnic Uighurs to forsake their religion. Why don’t Muslim governments rise up in anger? https://www.nytimes.com/2019/01/02/opinion/uighur-muslims-china-gulag.html US 3 JANUARY 2019 El Chapo trial: Jury takes note of drug lord's sensational deeds Corruption and even murder, we are halfway through the closely watched trial of the world's biggest drug traffickers. https://www.aljazeera.com/news/2019/01/el-chapo-trial-jury-takes-note-drug-lords-sensational-deeds-190103073300242.html GAZA 3 JANUARY 2019 Gaza's struggles in 2018 The problems making Palestinians' lives hard in the besieged territory. https://www.aljazeera.com/news/2019/01/gazas-struggles-2018-190103131934642.html BANGLADESH 3 JANUARY 2019 Opposition crushed, Hasina to rule over Bangladesh unchallenged With opposition getting just seven seats in parliament, the Hasina government will face little legislative scrutiny. https://www.aljazeera.com/news/2019/01/opposition-crushed-hasina-rule-bangladesh-unchallenged-190103113836858.html ROHINGYA 3 JANUARY 2019 INDIA DEPORTS SECOND GROUP OF ROHINGYA MUSLIMS https://www.voanews.com/a/india-deports-second-group-of-rohingya-muslims/4727218.html YEMEN 3 JANUARY 2019 Al Jazeera captures evidence of food aid stolen in Yemen war The WFP has accused both Houthis and Saudi-UAE coalition backed forces of diverting aid in areas under their control https://www.aljazeera.com/news/2019/01/al-jazeera-captures-evidence-food-aid-stolen-yemen-war-190103161522796.html BANGLADESH 3 JANUARY 2019 Statement on the 11th parliamentary election i Bangladesh https://www.regjeringen.no/no/aktuelt/statement_bangladesh/id2624015/ DEMOCRATIC REPUBLIC OF CONGO 4 JANUARY 2019 Thousands of Refugees Flee Ethnic Clashes in DRC https://www.voanews.com/a/ethnic-clashes-in-drc-send-thousands-of-refugees-fleeing/4729082.html COLOMBIA 5 JANUARY 2019 Colombia: One human rights advocate killed every three days They're being targeted by armed groups fighting for control of land to cultivate drugs. https://www.aljazeera.com/news/2019/01/colombia-human-rights-advocate-killed-days-190105131404348.html BAHRAIN 6 JANUARY 2019 UN Calls on Bahrain to Free Imprisoned Human Rights Defender https://www.voanews.com/a/un-calls-on-bahrain-to-free-imprisoned-human-rights-defender-/4730805.html SAUDI ARABIA 6 JANUARY 2019 SAUDI WOMEN GIVEN THE RIGHT TO KNOW ABOUT DIVORCE https://www.voanews.com/a/saudi-women-given-right-to-know-аbout-divorce/4731105.html SAUDI ARABIA 6 JANUARY 2019 Saudi Woman Who Fled to Thailand Fears Death if Sent Home https://www.voanews.com/a/saudi-woman-who-fled-to-thailand-fears-death-if-sent-home/4731496.html ISRAEL DECEMBER 2018 Child affidavits provide evidence of torture by Israeli forces https://english.palinfo.com/news/2018/12/21/Child-affidavits-provide-evidence-of-torture-by-Is

The rights of an individual are indivisible from economic interest, from profit, and from Government. These rights, human rights and fundamental freedoms, are what any individual, no matter from where they hail, ought to expect as a mere minimum, as not only do they serve to ensure freedom, they ensure that those freedoms are protected against those that may seek to deny or oppress. This oppression can take many forms, and is not necessarily that which is ordinarily envisaged when it is given consideration; oppression is not always the action of an autocratic or dictatorial Government. Oppression can be merely denying an individual a right before the Government, before peers, and before the Courts. It is precisely for this reason that a number of international tribunals and human rights monitoring mechanisms have been developed, so as to enable citizens of various countries to make complaints about States, and have those complaints considered by an international judicial body that is independent and impartial, such as the European Court on Human Rights, the African Commission on Human and Peoples Rights, and also, the Inter-American Commission on Human Rights. Guernica 37 International Justice Chambers has the privilege and honour of having brought cases before all three tribunals on behalf of victims, the most recent of which being brought before the Inter-American Commission, seeking to challenge the State of Ecuador on the basis that recent Court proceedings in respect of a victim for whom Guernica acts, have resulted in his fair trial rights being denied. It is noted that the right to a fair trial is of such fundamental importance in a democratic state that it absolute and non-derogable, Such rights are often seen as some of the most basic of rights that an individual ought to be able to enjoy, as it is through these rights that an individual is protected against both a State, and against an individual(s). At their most simplistic, such rights ensure ‘fairness’, that all are equal before the Courts, and thus, when such rights are infringed an individual loses this protection and runs the risk of becoming a victim. Such international judicial mechanisms are essential not only in ensuring that such rights are respected, but also, that such rights are developed across the relevant region; they serve therefore as an essential further level of the system of ‘checks and balances’ concerning the powers of the state and the human rights and fundamental freedoms of the individual. These tribunals are not restricted to considering the matter in accordance with the domestic law of the relevant State, they often take a more holistic approach, in that their jurisprudence, and therefore their decisions, are truly international, and thus have far reaching consequences for allstate parties to the tribunals. Some would criticise that this is an infringement of sovereignty, that such a body has no basis for interfering with the affairs of a nation state, with respect however, such criticism has no proper basis, as such states have voluntarily signed and ratified the relevant conventions, and thus voluntarily conferred the ability of the relevant tribunal to rule on matters brought before it. It is further a point that requires reinforcement that the rights which are enforced in these tribunals are often grounded in general principles of treaty based and customary international law, considered peremptory norms, and as such there is a general obligation to respect and enforce such principles. In the instant case, arguments are advanced that Article 8 (Right to a Fair Trial), of the Inter-American Convention has been violated, along with Article 25 (Right to Judicial Protection), citing both domestic principles in Ecuador, and the wider jurisprudence of the Commission, taking into account decisions made in respect of complaints regarding other states. It is hoped that this most recent filing is determined in favour of our client seeking redress, both for him specifically, and further, to enable the concept of fair trial rights to be developed further across the Americas.

Carl Buckley, barrister and chambers director at Guernica 37, will participate in the expert meeting “Prosecuting International Crimes: Expert Meeting on the Collaboration between NPAs & NGOs”, which will take place on March 15 and 16 in Ottawa. During two days, more than 25 experts in the fields of international criminal justice and national prosecutions will discuss methods of collaboration between national prosecuting authorities and NGOs. Establishing new collaborative channels between national authorities and civil society organisations, and reinforcing the principle of universal jurisdiction, seem more urgent than ever before. The lack of legal action by international institutions in the Syrian context, and their impossibility to initiate independent legal proceedings and prosecutions, has led to a new wave of mechanisms and initiatives aimed at increasing cooperation among national legal experts and prosecutors, and investigators compiling evidence in the field. During the event experts will be invited to discuss new concepts, tools and ideas about key issues relating to judicial and prosecutorial cooperation, including forms of communications between NPA and CSO, management of evidence, or witnesses’ protection. The meeting is organized by CCIJ/CCJI, the Department of Justice of Canada, Canadian Partnership for International Justice, the Human Rights Center of UC Berkeley School of Law, the Clinique de droit international pénal et humanitaire of the Université Laval and Lawyers Without Borders.

A group of international legal specialists participated in a panel discussion on the side-lines of the 37th Session of the UN Human Rights Council confirming that the human rights situation in the United Arab Emirates must be a matter of grave concern to the international community and requires a coordinated response. It was noted there exists a culture of impunity that prevails allowing a system of abuse, manipulation of the criminal judicial and penal system with the criminal courts being used to resolve commercial disputes. During the discussion the lawyers called on the United Nations and the UAE’s diplomatic partners to: Immediately ratify the International Covenant on Civil and Political Rights;The UK to consider suspending the UK-UAE Extradition Treaty;The UK, EU & USA suspend all arms trade deals with the UAE until its involvement in the hostilities in Yemen, Libya and Egypt is brought to an official end;The UN Special Procedures Branch establish a fact-finding mission to conduct an inspection of the UAE prison system and its adherence to the international treaties to which it is a member;The UAE urgently adopts a national action plan on the reform of its criminal justice system under the supervision of UN Office of the High Commission for Human Rights;The UN Human Rights Council designates the UAE a human rights country of concern during the 38th Session. The United Arab Emirates recently presented its report on the Universal Periodic Review to the UN Human Rights Council and went through the interactive dialogue where States raised concerns and made a number of recommendations.  The panel discussion event was held on the occasion of the adoption of the UPR report. The human rights situation in the UAE has come under increasing criticism as a result of widespread arbitrary arrest, torture in custody, dire prison conditions, lack of an independent and impartial judiciary and lack of enforcement of fundamental rights and freedoms.  There have been repeated attacks on journalists, political opponents and hundreds of individuals brought before the criminal courts following commercial disputes with Emiratis. The issue of torture of detainees held in UAE prisons and the use of the judicial system as a means of repression of political opponents and foreign nationals has been the subject of concern for some time, and numerous NGOs have reported on its prevalence. All of the evidence suggests that the UAE has little or no respect for the Rule of Law, or those rights afforded to individuals before the law. Countless citizens and foreign nationals have reported being subjected to verbal and physical abuse, beatings – including with weapons, electrocution, and sexual abuse, including rape.  Such abhorrent and unlawful tactics have been used to illicit confessions, and also for no other reason than a police or detention officer has taken a dislike to the individual in question. The position has developed further and it is now alleged that the UAE, as a key member of the Saudi Arabia-led military coalition in Yemen, is involved in the arbitrary detention and torture of those detained by Yemeni forces and has engaged in hostilities involving the commission of war crimes and crimes against humanity. It has further been alleged that the UAE has actively supported campaigns in Egypt and Libya by providing arms and material support to the autocratic military regimes of Khalifa Haftar and Abdel Fattah El Sisi. Hundreds of individuals have disappeared into a secret network of prisons where abuse is routine and torture extreme. All of these actions being in contravention of international law and the UAE’s own laws.  It is notable that the United Kingdom has adopted a position of refusing to extradite to the UAE because of the human rights concerns. A number of States raised critical concerns during the UPR over the deteriorating human rights situation that has been further exacerbated by the blockade of the State of Qatar and the conflicts in Yemen and Libya.  The purpose of the panel discussion was to look at these concerns and make recommendations to the international community, notably the UN Human Rights Council and UAE’s trade and diplomatic partners such as the European Union, United Kingdom and the United States of America. The panel discussion was opened by Bill Law who provided the background to the discussion and painted a bleak picture of the UAE.  Bill focused on the lack of free media and the attack on human rights, focusing on the case of Ahmed Mansoor, detained since March 2017 for criticising the lack of human rights protection and accountability in the UAE and Egypt. The discussion then moved to a Question-Time format putting a number of topics to the panellists. The first area was a general assessment of the human rights situation. Rod Dixon QC spoke first of his own experience in representing three Qatari nationals tortured in Dubai. He moved on to speak about the humanitarian situation in Yemen and the use of secret prisons in South Yemen.  Ben Keith added to the discussion by focusing on the UAE legal framework and the applicability of international treaties. Malcolm Hawkes then spoke of avenues for legal redress in national courts and Toby Cadman addressed the question of international accountability, discussing the role of the international criminal court and the United Nations. Malcolm stressed that the international community was not doing enough and needed to take a much more proactive role in ensuring human rights compliance.  In terms of assessing national accountability mechanisms and the use of universal jurisdiction both Rod and Toby focused on their own experiences in the UK representing victims of torture. Ben Keith stated there is “there is a concern about [the Torture Convention]….as the UAE does not recognise the authority of the Committee against Torture.” He went on to state that provisions of the domestic law are incompatible with the UAE’s international treaty obligations where the former sanctions torture in certain circumstances allowing a culture of impunity to prevail.  He noted that the UAE does not abide by or respect any international laws. The question was raised, following a discussion on the refusal of the English Courts to extradite foreign nationals to the UAE to face trial, as a result of serious concerns as to fair trial guarantees and the real risk of torture, as to whether the UK-UAE Extradition Treaty should be suspended. Toby Cadman stated that proceedings before the UAE Courts constituted a flagrant denial of justice and there was serious concern as to British Judges sitting in the UAE courts providing the system of abuse with a sense of legitimacy. Ben Keith stated that whilst it was complex matter of withdrawing an extradition treaty, the refusal to extradite by the English Courts constituted a de facto suspension. At the outset of the discussion Rod Dixon QC confirmed that: “If we start with what is happening within the UAE itself, we see the full raft of crimes against civilians and if we look beyond that what is happening in Yemen and elsewhere in the region, there is hardly a serious international crime that is not being perpetrated by the UAE.” Speaking on trade values and human rights Malcolm Hawkins stated that: “What we are in fact talking about is the price that the West is in fact prepared to pay in exchange for the things they value as opposed to the things they don’t value. If we think about things like commerce as trade, we thing about security, the so-called war on terror…and human rights, it’s quite clear that human rights are relegated at the expense of these other areas.” The speakers then focused on the criminal courts being used to settle commercial disputes between Emiratis and foreign nationals. Toby Cadman stated that: “The judicial system in the United Arab Emirates fails to achieve justice, and suffers from the scourge of impunity, which has not yet been successfully addressed. My client David Haigh, who suffered arrest and torture for 22 months in Dubai, is evidence of the corruption in the UAE judicial system, which did not pay attention to his statements about torture and other human rights violations he has been subjected to.” Ben Keith concluded: “The UAE authorities use several mechanisms to pressure the detainees to extract confessions, one of them is by threatening to arrest their families. The UAE talks about international law to be part of the international community, yet does not abide by any international laws imposed by that community, especially those which are related to human rights.” At the end of the discussion Toby Cadman focused on the disappearance of Sheikha Latifa Mohammed Bin Rashid Al Maktoum and Hervé Jean Pierre Joubert, in what could only be described as the most concerning of circumstances.  Following this, Toby Cadman informed the audience that Guernica 37 International Justice Chambers has been instructed to file an immediate complaint with the UN Special Procedures Branch, specifically the UN Working Group on Enforced or Involuntary Disappearances, the UN Working Group on Arbitrary Detention, the UN Special Rapporteur on Torture, Inhumane and Degrading Treatment and the UN Office of the High Commission for Human Rights requesting their urgent and immediate intervention. Sheikha Latifa, is the daughter of Sheikh Mohammed bin Rashid Al Maktoum, the ruler of Dubai, Vice President and Prime Minister of the United Arab Emirates, and was reported missing on 5 March 2018 along with a dual French-US national, Hervé Jean Pierre Jaubert and a third individual believed to be a national of an European Country. Summing up the panel discussion, Bill Law stated: “The key takeaway from four very experienced barristers is not to give up hope that the UAE will be held accountable for its atrocious abuse of human rights. The UPR is a public record, one to be used as a tool to embarrass the regime. Other pressure points include UN Special Procedures, UNHRC, commercial courts, WTO and bilateral agreements and article 20 OHCHR on torture as well as the British government and individual MPs. For the sake of all those incarcerated and abused la lutte se continue – the fight goes forward.” *         *         *         *         * Guernica37 International Justice Chambers in London, the non-profit organization Guernica Centre for International Justice in the United States and G37 Despacho Internacional in Madrid, form the Guernica Group. Our international team of lawyers specialize in International Criminal Law and strategic transnational litigation to obtain accountability for international crimes and human rights violations. The Guernica Group seeks to contribute to national processes of accountability by designing legal strategies in partnership with key actors in countries experiencing transitional processes after conflict or post-conflict situations.

The Festival du Film et Forum International sur les Droits Humains (FIFDH) took place between 9th and 18th March 2018 in Geneva. During its sixth session, the FIFDH, TRIAL International and the Université de Genève scheduled a debate about the “permanent memory of the crimes” (La memoire indélébile des crimes), that followed the screening of the internationally-praised Spanish documentary “The Silence of Others”. Maite Parejo Sousa, Head of G37 Despacho Internacional in Madrid and part of The Guernica Group, took part in this debate. Other participants were Almudena Carracedo, co-director of “The Silence of Others”, Jose Maria “Chato” Galante, spokesperson for the Platform in Support of the Argentina Lawsuit (CEAQUA) and main character of the film, and Kate Gilmore, United Nations Deputy High Commissioner for Human Rights. Maite provided a legal explanation of the judicial proceedings brought before Argentinean courts to prosecute crimes against humanity perpetrated during the Spanish civil war and the subsequent dictatorship. She explained the functioning of the principle of universal jurisdiction and its key relevance for this case, since it is the only available means to bring to light crimes that, otherwise, will remain unpunished due to the 1977 Spanish Amnesty law. The debate was moderated by Sévane Garibian, professor of International Criminal Law at the University of Geneva and director of the project Right to Truth, Truth(s) through Rights: Mass Crimes Impunity and Transitional Justice. The full debate is available on the FIFDH YouTube channel: http://bit.ly/2HxVy5B

El documentalista colombiano Bladimir Sánchez Espitia acaba de publicar de la mano de  COSPACC su nueva película “Escuadrones de petróleo y de la muerte en Colombia”. El documental analiza cómo la industria petrolera financió actividades paramilitares en el Casanare que llevaron a la muerte de varios líderes campesinos y a una gran devastación ambiental. El ejército nacional, a su vez, habría colaborado directamente con las fuerzas paramilitares en sus actividades de violencia e intimidación. El documental está disponible online: