Russian, transitional justice

Uncovering the Evidence

bharris — Fri, 25 May 2007 20:08:19 -0500

Uncovering the Evidence

by Luis Fondebrider

Download full notebook in English and a brief summary in Armenian and Russian below.

Forensic science has been a powerful tool in the scientific documentation of human rights violations around the world, and especially in Latin America. The Argentine Forensic Anthropology Team has been in the forefront of efforts to train human rights NGOs to use forensic tools to advance their investigations, to provide more support for victims and to strengthen the credibility of their work against impunity. EAAF uses independent investigations to mobilize and persuade both local and international audiences. The information obtained can also provide useful evidence for future prosecutions. This notebook addresses how human rights organizations can make optimal use of forensic science to advance their work for justice and against impunity.

Over the last fifteen years, the scientific investigation and documentation of human rights violations has become a valuable tool in the search for truth and justice in societies emerging from periods of political, ethnic and religious violence. Forensic expertise has served human rights investigations led by official justice systems of states, historical truth-seeking processes, international tribunals and commissions and human rights NGOs. A forensic scientist can answer some questions with a certain degree of precision:

Was the person tortured?
What was the cause of death?
Was the death accidental or intentional?
Can the unearthed bodies be positively identified?

Such answers offer victims’ families and the judicial process convincing proof of what happened. In an objective, concrete way, scientific analysis complements the testimony of a witness, a photograph or a document related to an incident. This kind of scientific evidence may prove to be fundamental for a ruling on whether an accused person is innocent or guilty. In cases of rape, for example, it can be crucial to discover traces of semen that can be compared with the genetic pattern of the accused person. In recent years, the application of the forensic sciences has had a significant impact in countries where abuses were committed by the government or agencies connected to it, be it for political or other reasons. Official versions of events, often false, can be contrasted with physical evidence and their analysis. This allows a tribunal to establish, for example, that a group of people was executed, and in fact did not die in an armed encounter. In this tactical notebook we show how families of victims, their communities and the organizations that they form–human rights NGOs–can use the forensic sciences in their struggle for truth and justice and prevent the impunity that those responsible for human rights abuses often enjoy.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Making the State Pay

bharris — Fri, 25 May 2007 20:08:08 -0500

Making the State Pay

By Camelia Doru

Download the full notebook below.

In this notebook, we read about the efforts of the ICAR Foundation to mobilize public resources for a socially marginalized group – victims of torture. The Foundation recognized that many citizens had suffered torture during the communist regime, and created an organization to provide treatment and care to the thousands of torture survivors. While there was international support, the Foundation knew that provision of this care was actually the responsibility of the state itself. The notebook outlines ICAR’s effort to pressure the Romanian government to pay for rehabilitation of torture survivors even though it was not willing to officially assume responsibility for past abuses. In effect, ICAR forced the state to begin to fulfill its moral and legal responsibilities as laid out in international and national laws. ICAR’s story provides ideas about how to pressure a state to carry out its obligations to a socially marginalized group and compel it to take a step toward justice.

In October 1991 the International Rehabilitation Council for Torture Victims (IRCT) invited me to Budapest to take part in the first inter-national symposium in Eastern Europe on "Doctors, Ethics and Torture." During this symposium I met people from all over the world, people engaged in providing medical rehabilitation to victims of torture under many different circumstances and often in politically adverse conditions. This experience, along with the support I received from IRCT colleagues, encouraged me to create a non-governmental organization in Romania to address the terrible problem of torture. I knew there would be po-litical resistance, but I also saw that I could count on professional international training, management and financial support. The ICAR Foundation was registered in April 1992. Its name commemorates the Greek mythological figure Icarus, who needed help after successfully escaping from long imprisonment and finding that his wings did not survive the heat of the sun. Our logo contains the wings as a symbolic representation of the Icarus.

We began to search for resources that would allow us to provide services for the thousands of torture survivors in Romania.Throughout the subsequent decade of work, we have found our international colleagues and donors to be crucial. The treatment and care of torture survivors, however, should not depend on the interna-tional community. We believe that this work is the moral and political responsibility of the state itself. What I will describe in this notebook is our long-term strategy to pressure and persuade Romanian local and central governments to start accepting this responsibility.

We opened our first center in 1993 with only three doctors, two supporting staff, and a budget of US$20,000. We saw 85 clients, and our private and international supporters covered all expenses. In 1994 and 1995 our attempts to mobilize public resources began to succeed as we convinced local government officials to provide premises for our operations; we now estimate the value of this local government contribution at over US$100,000 per year. More recently we also obtained government support in prescribing free medicines for our clients – a public contribution worth over US$150,000 per year. By 2002, the ICAR Foundation had grown to three centers with a staff of more than 50. We provide services for 2,000 clients and receive annual international contributions of US$300,000.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Familiar Tools, Emerging Issues

bharris — Fri, 25 May 2007 20:08:02 -0500

Familiar Tools, Emerging Issues

by Jennifer Prestholdt

Download full notebook below.

Minnesota Advocates for Human Rights uses traditional human rights monitoring methods to document human rights abuses, but in this notebook we will learn how the group has also made a practice of adapting this methodology to emerging human rights issues. Minnesota Advocates has identified and developed practical and sustainable strategies for adapting human rights monitoring methods to address domestic violence (in Eastern Europe and the U.S.), child survival (in Mexico, Uganda and the U.S.) and transitional justice (in Peru).

With the help of hundreds of volunteers, Minnesota Advocates has monitored human rights conditions and produced more than 50 reports documenting human rights practices in more than 25 countries. Minnesota Advocates uses traditional human rights monitoring methods to document human rights abuses, but has made a practice of adapting the methodology to address cutting-edge human rights issues. The findings on violence against women in Mexico, Nepal, Eastern Europe and the Commonwealth of Independent States have been published in reports that include an analysis of each country’s legislation related to women’s rights and the local law enforcement system, as well as recommendations on how to bring laws and practice into conformity with international human rights obligations.

We have recently adapted the methodology used overseas to help us investigate and document the difficulties that refugee and immigrant women in our own community face in obtaining services and protection from domestic violence. Minnesota Advocates also used traditional human rights monitoring methods to document excessive and preventable child mortality as a human rights violation in three countries, each representing different levels of development: the United States, Mexico and Uganda. We then published a report, Global Child Survival: A Human Rights Priority, using these case studies to illustrate that certain groups of children, minority children for example, suffer systematic violations of their rights. Underlying economic and social factors linked to child survival must be addressed in order to effectively combat high rates of preventable child deaths.

Most recently, we have adapted our methodology to monitor transitional justice mechanisms and processes. Countries such as Peru and Sierra Leone are in the process of transitioning from violence and repression to peace, justice and reconciliation; the growing momentum for transitional justice marks a new era in human rights work. More and more frequently, that shift involves confronting past human rights abuses and making institutional reforms in order to protect human rights. Human rights monitoring is one way to help ensure that transitional justice processes move forward.

Using this tactic of monitoring and reporting, we feel that we have been able to make some significant longterm improvements in human rights. This notebook will discuss how Minnesota Advocates identifies and develops practical and sustainable strategies for adapting human rights monitoring methods to emerging human rights issues. By documenting the tactic in this notebook, we hope to spark some creative applications of common human rights monitoring methods in order to improve human rights in different contexts.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.