WW4 Report

Peru denied legal costs in FTA pollution case

An international arbitration body, having ruled for Peru in a case brought by a US mineral interest under terms of the Free Trade Agreement, is now denying Lima recovery of its legal costs. New York-based Renco Group Inc brought the case before the UN Commission on International Trade Law (UNCITRAL) in 2011, charging Lima with violating investment protection provisions of the FTA, formally known as the US-Peru Trade Promotion Agreement. At issue was Lima's demand that Renco's affiliate Doe Run Peru clean up decades of toxic pollution linked to lead and zinc smelting at its facilty in La Oroya, which Renco said forced the subsidiary into bankruptcy. Renco sought $800 million in compensation. UNCITRAL turned down Renco's claim on jurisdictional grounds in July 2016, but subsequently decided to waive its usual "loser pays" principle, forcing Peru to pay half the legal costs in the case, some $3.8 million. UNCITRAL cited Peru's delay in raising its objections to the tribunal's jurisdiction. Renco says it will file the case again "in a manner that cures the technical legal defect that was the basis for the dismissal." Peru's new President Pedro Pablo Kuczynski has pledged to re-open the idled Oroya complex, and says its auction to new owners willing to address its financial and environmental problems will take place in March. (Lexology, Jan. 24; Gestión, Jan. 12; Law360, Nov. 14; Bloomberg, July 18; VOA, July 6)

Peru: Amazon highway at issue in Toledo scandal

Peru's prosecutor general Pablo Sánchez announced Feb. 7 that he is seeking the arrest of former president Alejandro Toledo on charges of laundering assets and influence trafficking. Prosecutors opened a formal investigation this week into allegations that Toledo took $20 million in bribes from Brazilian construction firm Odebrecht, with investigators raiding his home in Lima on Feb 4 and carting off boxes full of documents. Sánchez is now asking a judge to approve 10 months of "preventative detention" for Toledo while the case is under investigation. Toledo is currently believed to be in Paris, where he arrived for an OECD conference last week, and Sánchez argues that he poses a flight risk. Toledo is said to have received the money, laundered through offshore accounts, in exchange for giving the firm approval to complete a highway connecting Brazil with the Peruvian coast in 2006.

Syria: 13,000 secretly hanged at military prison

An Amnesty International report published Feb. 7 exposes the "cold-blooded killing of thousands of defenseless prisoners" in a Syrian detention center where an estimated 13,000 have been hanged in the past five years. The mass hangings took place at Saydnaya military prison near Damascus between 2011 and 2015—and there are clear indications that the kiling remains ongoing. Most of those hanged were civilians believed to have opposed the government, with the killings taking place in great secrecy in the middle of the night. The executions take place after summary "trials," with no legal counsel and based on "confessions" extracted through torture.

Haiti: ex-coup leader busted for coke trafficking

Guy Philippe, a former paramilitary boss and coup leader who was elected to Haiti's Senate in November, was arrested by the DEA on Jan. 5—days before he would have been sworn into office and obtained immunity. Philippe had been wanted by the US since 2005 on charges of conspiracy to import cocaine and money laundering. He was popped by Haitian police and turned over to DEA agents immediately after appearing on a radio show in Port-au-Prince, and promptly flown to the Miami to stand trial. On Jan. 13, he pleaded not guilty to all charges in US Court for the Southern District of Florida, asserting both that the case against him is politically motivated and that he already has immunity as an elected official.

Iran bank drops dollar amid new sanctions

At the order of President Trump, US Treasury Department on Feb. 3 placed sanctions on 25 individuals and companies connected to Iran's ballistic missile program or providing support to Iran's Islamic Revolutionary Guard Corps' elite Qods Force. The sanctions came two days after after Tehran conflrmed the Jan. 29 test launch of a Khorramshahr medium-range ballistic missile from its base at Semnan. The IRGC statement said that the test did not violate the nuclear deal that took effect last year. The missile apprently flew 600 miles before exploding, in a failed test of a re-entry vehicle. "As of today, we are officially putting Iran on notice," National Security Advisor Michael Flynn said in response to the test. (Jurist, Tehran Times, NCRI, 38North, The Naitonal Interest, NYT, Fox News)

Afghan government losing territory to insurgency

The Afghan government controls less than 60% of the country's territory, a US oversight agency reports, with security forces retreating from many areas last year. The Afghan government "has lost territory to the insurgency" and "district control continues to decline," the Special Inspector General for Afghanistan Reconstruction (SIGAR) said in its most recent quarterly report to the US Congress Feb. 1. According to SIGAR, the Afghan government controls or influences just 52% of the nation's 407 districts today compared to 72% in Nov. 2015. "The ANDSF [Afghan National Defense and Security Forces] has not yet been capable of securing all of Afghanistan and has lost territory to the insurgency" since the last reporting period. The Afghan government has lost control of more than six% of the country's districts since SIGAR issued its last report on Oct. 30. (LWJ, Reuters)

Morocco joins AU; Sahrawi Republic betrayed?

As Morocco is readmitted to the African Union at the continental body's 28th summit in Addis Ababa, it is pushing for the suspension of Western Sahara, placing the AU in a difficult position. The AU has long backed self-determination for the Moroccan-occupied territory, and recognized the Sahrawi Arab Democratic Republic (SADR) as the representative of its people. Morocco dropped out of the Organization of African Unity (precursor to the AU) in 1984 in protest at the SADR's admission to the body. At Addis Ababa, Rabat won the backing of a simple majority of AU members for its return to the body. Among the dissenting votes was South Africa, whose ruling African National Congress (ANC) issued a statement calling the readmission of Morocco an "important setback for the cause of the Saharawi people." Rabat stopped short of explicitly demanding the AU withdraw its recognition of the SADR, with King Mohammed VI saying in a statement: "On reflection, it has become clear to us that when a body is sick, it is treated more effectively from the inside than from the outside." SADR's Foreign Minister Mohamed Salem Ould Salek, howver, said Morocco's readmission represents "a victory of the Sahrawi people since Morocco had finally accepted to sit alongside its neighbor, Western Sahara." (Africa in Fact, Feb. 1 via AllAfricaBBC News, Sahara Press Service, SPS, Jan. 31; The East African, Jan. 30 via AllAfrica)

Yemen: child killed in Trump's first commando raid

President Trump's first commando raid left dead the US-born 8-year-old daughter of Anwar al-Awlaki, the American al-Qaeda leader who was himself killed in a US strike five years ago. US special operations forces on Jan. 30 targeted the home of Abdulrauf al-Dhahab, said to be a leader of al-Qaeda in the Arabian Peninsula (AQAP), in the remote Yemeni district of Yakla. The district is in the central province of al-Baydah, a focal point of US military operations over the past month. The Pentagon said 14 AQAP fighters were killed in the raid, as well as one soldier—said by media accounts to have been a member of SEAL Team 6. Warplanes struck Abdulrauf's home; then US troops descended from helicopters and clashed with local fighters. US helicopters destroyed other homes in the area as fighting intensified. (IANS, NBC, LWJ)

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