Impunity Watch: Asia

China Arrests Human Rights Activist

Photo of rights activists Hu Jia (R) and his wife Zeng Jinyan

By Juliana Chan
Impunity Watch Reporter, Asia

BEIJING, China - In an apparent effort to repress dissent before the 2008 Beijing Olympic Games Chinese authorities have detained a prominent AIDS and human rights activist, accusing him of subversion.

Police forced their way into Hu Jia's home, cut his telephone and Internet connections, and took him into custody Thursday. Mr. Hu, 34, was arrested on charges of "incitement to subvert state power," a charge that is said to be vague and has often been used against Chinese activists. His wife, Zeng Jinyan, also a well known AIDS activist remains under house arrest, with security personnel posted outside their home and contact with the outside world cut off.

Mr. Hu is known for helping people with AIDS receive treatment. Furthermore, he and his wife have chronicled their lives under house arrest, writing about run-ins with security offices and hired thugs.

In November, Mr. Hu, using a Web camera, participated in a European parliamentary hearing in Brussels about human rights in China. He expressed that the official promises are not being kept before the Olympic games.

His arrest comes in the wake of an intensifying government crackdown on rights defenders. As the 2008 Beijing Summer Olympics near, the Chinese government has made great efforts to portray a flawless image of the country, and "has increasingly clamped down on those who criticize its heavy-handed policies."

Mr. Hu can face a long prison term, but as The New York Times reports, "a prosecution of one of the best known human rights advocates would generate negative publicity about China's rights record before the 2008 Olympic Games."

For more information, please see:

IHT - China AIDS activist detained for 'subversion' as police cut his home phone line, Internet - 29 December 2007

The New York Times - China Detains Dissident, Citing Subversion - 30 December 2007

AFP - Chinese human rights activist arrested: rights group, campaigners - 29 December 2007

Reporters Without Borders - Outrage at human rights activist Hu Jia's arrest in Beijing - 28 December 2007

HRW Urges Indian Government to End Violence

Photo of a bus set on fire by protesters in Orissa, India

By Juliana Chan
Impunity Watch Reporter, Asia

BHUBANESWAR, India - Fearing attacks by Hindus, nearly 700 Christians have moved to relief centers after clashes between the communities left at least five people dead. Violence broke out on Christmas night between Hindus and Christians in eastern Orissa state. Approximately a dozen churches were damaged during a protest backed by a right-wing Hindu group.

Authorities say a Hindu leader, who has accused Christians of forcibly converting low-caste Hindus to Christianity, was attacked on Christmas Eve. As AFP reports, "Hardline Hindus accuse Christian missionaries of aggressively converting low-caste Hindus -- who face discrimination from higher castes -- by force or by attractions such as free education."

Clashes between the two erupt periodically, and rising tensions have prompted several Indian state governments to enact anti-conversion laws.

Human Rights Watch (HRW) has urged the Indian government to act immediately to try to end violence between Hindus and Christians in Orissa and "demanded an independent inquiry to identify those instigating riots."

HRW alleges that for several years now extremist Hindu groups have been fueling an anti-Christian campaign, but the Indian government has been ignoring it. Meenakshi Ganguly of HRW said that the Orissa government should have addressed this problem before it became violent.

Now, HRW is calling on Hindu and Christian leaders to work together toward a peaceful reconciliation. It is also urging the Indian government to meet its "international obligations to ensure that all people may equally enjoy the right to freely profess, practice, propagate and adopt religion."

Although the Orissa government has ordered a judicial inquiry, HRW notes that India's secular identity is in serious jeopardy unless there is a vigorous attempt by the national government to investigate the religious violence.

For more information, please see:

Time of India - Orissa violence: Independent probe sought - 30 December 2007

TIME - A Christian-Hindu Clash in India - 28 December 2007

IHT - Nearly 700 Christians move to relief camps to avoid attacks by Hindu hard-liners in India - 29 December 2007

UPDATE: Bhutto's Son Named As Successor

Photo- Benazir Bhutto's successors, son Bilawal and widower Asif Ali Zardari - AFP

LAHORE, Pakistan- After Benazir Bhutto's death this week, her Pakistan People's Party (PPP) has chosen her son and widower to jointly lead the party in accordance with Bhutto's will.  Her son, Bilawal Bhutto Zardari, will ceremonially lead the party from abroad as he continues his education at Oxford.  Her husband, Asif Ali Zardari, will run the day-to-day activities in Pakistan.  Once Bilawal is done with his studies, he will return to lead the party full time.

The PPP also passed a resolution calling for an international investigation into Benazir's death, stating that they did not accept the current inquiry being conducted by President Pervez Musharraf.

The PPP will be participating in and contesting the January elections, and urged main opposition leader Nawaz Sharif to contest the elections as well; he will most likely follow the recommendation.  Bilawal noted, "my mother always said democracy was the best revenge."

For more information, please see:

New York Times - Bhutto's Son and Husband to Lead Party - 30 December 2007

BRIEF: 40 Killed in latest battle of the Sri Lankan Civil War

MANNAR, Sri Lanka - Tamil Tigers continued their fight for independence against the Sri Lankan military today.  The military initiated the conflict by sending troops to capture Tamil occupied territory in the northwestern district of Mannar.  Rough estimates place the death toll at 40; however, both sides are prone to exaggerate the losses of their opponent and minimize their own casualties. 

Earlier this year Sri Lanka evicted the Tamil Tigers from the eastern jungle region and now plans to drive out the Tigers from Mannar.  Although Sri Lanka hopes to destroy all of the military power of the Tigers, military analysts say there is no clear winner and that the war could continue for years.

The two sides engage in fighting almost everyday and Sri Lanka pledges to continue bombing until the Tigers end their resistance movement.  Around 70,000 have been killed since the civil war began in 1983; 5,000 have died since 2006. 

For more information, please see:

Reuters – Sri Lanka military, rebels say clashes kill dozens – 29 December 2007

Reuters – Sri Lanka military say killed 30 Tamil Tiger rebels – 14 December 2007

Reuters – Sri Lanka says 39 rebels, 6 troops killed in clashes – 3 December 2007

BRIEF: Democracy Possible in HK by 2017

Photo of Donald Tsang at BBC News

HONG KONG - Hong Kong's chief executive, Donald Tsang, announced at a press conference Friday that a timetable has been set and Beijing will allow Hong Kong to pick its leader by universal suffrage by 2017.

Hong Kong's leader is currently chosen by an 800-member committee.

The city's pro-democracy camp, however, was disappointed in the 2017 date, hoping it would see democracy sooner in Hong Kong. China's parliament, the National People's Congress (NPC) ruled out democracy in 2012 as a possible date for universal suffrage, the second veto of its kind. The first was a 2004 decision that squashed hopes for full elections in 2007.

The 2017 date marks the 20th anniversary of Hong Kong's return from British to Chinese rule. Mr. Tsang said this was a "most important step" in Hong Kong's political future and is Beijing's clearest indication yet as to when full democracy might finally germinate.

For more information, please see:

AP - HK Granted Greater Democracy - 29 December 2007

Reuters - HK awaits key Beijing ruling on democracy reforms - 28 December 2007

Bloomberg - China Says Hong Kong May Pick Chief Executive in 2017 (Update1) - 29 December 2007

Clashes in the Indian state of Orissa

By Claudia Parker
Impunity Watch Reporter, Asia

ORISSA, India – Varying reports covering the week-long rioting in the Indian state of Orissa are emerging.  All reports agree that Hindus, Christians, and Indian police have engaged in fighting; however, sources differ with regard to the cause and scope of the attacks.

It appears that the violence erupted in a small town of 4,000 due to a Christmas celebration perceived by Hindus to promote conversion.  Since that time 19 churches have been ransacked and burned, 25 people have been arrested, four people have been killed, dozens have been injured, and hundreds of houses and vehicles have been destroyed. 

One article claims the police refused to intervene until Thursday when a group of Hindus set fire to a police station complaining of a lack of protection.  While another report suggests that the police station was attacked only after the police had attempted to provide safe haven to some rescued villagers.  A mob of approximately 500 opened fire on the burning police station; the police allegedly returned fire for over an hour and killed three people.  Official reports have not been issued because the lines of communication have been disrupted.  A judicial inquiry is being made and a curfew has been ordered; the Indian government has also dispatched 300-paramilitary troops to promote peace in the region.

This riot is only the latest uprising in a string of on-going clashes between the majority Hindu population and the minority Christian population.  Orissa is considered one of India’s most anti-Christian regions.  In February 2007, Hindus demolished a church and intimidated Christians living in a local slum.   In 1999, an Australian missionary and his two sons were murdered by Hindus opposed to Christian proselytizing.  A number of incidents have taken place between 1999 and 2007, but it appears that in many of the previous clashes the Indian police failed to stop the violence or prosecute the offenders. 

According to Ashis Nandy, a political psychologist and sociologist at India's Centre for the Study of Developing Societies, the Hindu majority are reacting to the recent conversion of thousands of “untouchables” who traditionally form the lowest caste of Hinduism.  He suggests that Hindus fear the conversion of untouchables because Christianity allows them to move up the social ladder and away from their traditional jobs and roles.  Although Hinduism is by nature tolerant of other religions, some Hindus use their beliefs to promote hostility against Christians and Muslims – thereby creating a clash of cultures and worldviews.  Nandy states that "the source of tolerance has become a source of bigotry,” which will continue to cause uprisings in the months ahead. 

For more information, please see:

Hindustan Times – Police firing kills four in riot-hit Orissa district – 28 December 2007

International Herald Tribune – Police open fire on hard-line Hindus, killing at least 3 – 28 December 2007

TIME – A Christian-Hindu Clash in India – 27 December 2007

Voice of the Martyrs – http://www.persecution.com/ - 1 March 2007

BRIEF: Philippine Mayor Denies Assassination of Local Journalist

MANILA, Philippines – A mayor of a southern Philippine town denies any involvement in the killing of a local radio broadcaster, Fernando Lintuan. Lintuan openly criticized the government and the mayor since 1988. However, the Mayor denies any hand in Lintuan’s murder, stating, “It is the height of stupidity for me to do harm on him hours after he aired his criticism on the People's Park. Clearly there are unseen groups at work that has set up a scenario wherein City Hall is to be blamed for the killing of a journalist.”

Lintuan was killed on Christmas Eve while driving to work when his murders ambushed him. He had previously survived another murder attempt in 1987 when armed men barged into his radio booth and killed his announcer Leo Palo. Lintuan survived only because Palo fell on him to protect him from the men’s gunfire. Lintuan is the fifth journalist to have been murdered in 2007 and is the sixty-seventh to have died violently since President Gloria Macapagal-Arroyo come into power in 2001.

For more information, please see: 

AHN – Mayor Denies Link in the Killing of Philippine Journalist – 27 December 2007

Nepal Supreme Court Guarantees Gay Rights

By Kristy Tridhavee
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Nepal’s Supreme Court has ordered the government to enact laws protecting the rights of the country’s gay and lesbian population, declaring that “they should be allowed to enjoy all the rights defined by national and international human rights law and instruments.” 

In the court’s ruling, it stated: “The government of Nepal should formulate new laws and amend existing laws in order to safeguard the rights of these people. Lesbian, gay, bisexual, transsexual, and intersex are natural persons irrespective of their masculine and feminine gender and they have the right to exercise their rights and live an independent life in society.”

Although homosexuality is not a specific crime in Nepal, “unnatural sex acts” are punishable up to one year in prison. The gay and lesbian population of Nepal alleges that there is a long history of discrimination against their groups in the highly conservative nation.  “There were no specific laws to protect the rights of sexual minorities but the Supreme Court's decision has opened the doors to enjoy our rights,” said Sunil Babu Pant, president of the Blue Diamond Society, which works on behalf of sexual minorities in Nepal.

In response to requests for same-sex marriage laws, the Supreme Court recommended that the government form a committee to study existing laws and provisions in foreign countries on same-sex marriage. In addition, the Court ordered the government to frame laws based on the committee’s findings.  

The ruling is the first of its kind in Asia. Hari Phuyal, a senior advocate, commented, “So far, no apex court has passed such a verdict.” Pant added, “It was an extremely positive decision and a pleasant surprise for us. It would set a precedent for other conservative countries like Nepal.”

There are no official figures of the homosexual population in Nepal, but rights groups estimate that homosexuals and transgender people account for about ten percent of the twenty-seven million population.

For more information, please see:

Advocate – Nepal Court Rules for Gay Rights – 27 December 2007

AFP – Nepal Supreme Court Orders Government to Guarantee Gay Rights – 22 December 2007

Hindustan Times – Nepal Supreme Court Directs Government to Safeguard Gay Rights - 23 December 2007

 

 

BRIEF: BENAZIR BHUTTO IS ASSASSINATED

Photo - Benazir Bhutto - T. Mughal/European Pressphoto Agency/NYT

RAWALPINDI, Pakistan- At an election rally today, former Pakistani Prime Minister Benazir Bhutto was shot in the neck by a gunman who then set off a bomb.  Bhutto was killed along with 15 other people, and many were injured.

Bhutto was declared dead by doctors at a hospital at 6:16pm.  Doctors tried to revive her for 35 minutes but she had shrapnel wounds, a head injury, and heart failure. 

President Pervez Musharraf blames Islamic militants for the assassination, however there are no immediate claims of responsibility for the attack.

Bhutto was the head of Pakistan's People Party (PPP) and was campaigning for the upcoming elections to be held in the end of January.  Pakistan's political environment has been chaotic in the past, and her death will likely cause the situation to become worse.  Bhutto had many followers, who are now are in a state of shock.

Political rival Nawaz Sharif said "it is not a sad day, it is [the] darkest, gloomiest day in the history of this country."

For more information, please see:

BBC News - Benazir Bhutto killed in attack - 27 December 2007

New York Times - Bhutto Assassinated in Attack on Rally - 27 December 2007

A March in Support of Cambodian Tribunal as Officials Prepare to Ask for More Funds

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Christian and Muslim leaders joined hundreds of Buddhist monks and nuns in a march supporting the Cambodian Tribunal. Organizers said the tribunal is an important part of the country’s recovery. The marchers came from around the country and marched to the special courts located on the outskirts of Phnom Penh. At the courts, marchers were welcomed and took part in a question and answer session with officials. Tribunal officials told the marchers that the courts were working for them.

During the Khmer Rouge regime, government officials forcibly defrocked Buddhist monks and closed their pagodas. The Khmer Rouge regime also forced Muslims to renounce their faiths or be murdered, and they also destroyed Christian churches.

The marchers choose to demonstrate on Christmas Day in order to draw attention to the international nature of the Khmer Rouge tribunal. Attorneys from around the world are taking part in the work, and the UN has backed the tribunal. Several former Khmer Rouge leaders are to put on trial for crimes against humanity for the death of nearly 2 million Cambodians during the regime’s rule. 

Next month, the tribunal will appeal for more funding from international donors. The tribunal is need of tens of millions of dollars in order to continue. Officials believed the trials would end in 2009, but the tribunal is only set to begin in 2010. The extra funds are needed for the essential elements of an international court such as more translators, victim support, and court transcription services.

However, the tribunal faces some hesitation from the international donors because of recent allegations of corruption and mismanagement. Recent reports indicate that there are problems regarding the sharing of responsibilities between the Cambodian and foreign personnel.

The United States did not contribute to the original budget but is considering on whether or not to contribute now. The United States, like other international donors, are weary because of the recent reports. Jospeh Mussomeli, US Ambassador to Cambodia, commented, “It would simply be irresponsible to suggest using American taxpayer money until we're sure that the administrative process is also fixed.”

The tribunal plans to give donors a “complete package” of progress and actions taken to fix the previous problems. Peter Foster, UN-appointed spokesman for the tribunal, indicated that he does not believe the tribunal will fall apart because of lack of funding. He commented, “It's too late at this point, no matter what happens, to stop.” 

For more information, please see:

AP – Cambodian Tribunal Needs More Money – 26 December 2007

BBC – Buddhist Monks March in Cambodia – 25 December 2007

United Press International – Monks March in Support of Cambodia Trials – 25 December 2007

Uzbek Leader Wins Third Term Leading to Questions Over Election Fairness

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

Photo- Uzbekistan Voting - AP

TASHKENT, Uzbekistan- Incumbent Uzbek President, Islam Karimov, has won the presidential election for his third term.  International voting monitors across the world are claiming that the election, held December 23, was far from fair.

According to the Uzbekistan Central Election Commission (CEC), Karimov received 88.1 per cent of the total votes cast, and his next closest opponent received 3.7 per cent of the vote.  90.6 per cent of Uzbekistan’s 16.2 million eligible voters went to the polls, which is actually the lowest voter turnout in the history of the country.  All of the opponents publicly supported Karimov and there were no debates between the candidates, nor campaign materials of a competitive nature.  Rights groups reported numerous cases of multiple voting throughout Uzbekistan, as well as official pressure at polling locations to vote for Karimov.

Rights groups have opposed Karimov running for a third term.  They claim that in an environment where free elections are not possible, a candidate should not be allowed to run for so many terms.  They argue that the elections do not offer a genuine choice to the Uzbek people.

A spokesperson for the Organization for Security and Cooperation in Europe (OSCE) said that the “election was held in a very controlled political environment, which did not really leave much room for real opposition and this election failed to meet many of the commitments that OSCE states have made to hold democratic elections.”

The Uzbekistan government has a longstanding reputation for suppressing media and political opposition.  According to Human Rights Watch, “many websites providing critical information on Uzbekistan are blocked by the authorities and are not accessible to people in the country, including www.ferghana.ru, www.muslimuzbekistan.org, the Human Rights Watch website, www.hrw.org, and others. However, the Uzbek state-run media does provide airtime to foreigners who praise the conduct of the elections and the state of democracy in Uzbekistan.”

Karmiov first won the presidency in 1992, had his term extended in 1995 via referendum, won the presidency again in 2000, and had that term extended in 2002.  During his time as president, Karimov has resisted reform and his policies have nearly sunk the economy.  Most of the 27 million Uzbeks are impoverished, and 3 million have left the country to find a better life.

For more information, please see:

RadioFreeEurope / Radio Liberty - Uzbek Incumbent Wins Presidential Poll Without "Genuine Choice" - 24 December 2007

Human Rights Watch - Uzbekistan: No Real Choice in Presidential Elections - 21 December 2007

AP - Autocratic Uzbek Leader Seeks Third Term - 23 December 2007

Guardian Unlimited - Isolated Uzbek leader rules unchallenged - 24 December 2007

Democrats in HK Strike for Universal Suffrage

By Juliana Chan
Impunity Watch Reporter, Asia

HONG KONG - Democracy campaigners in Hong Kong began a weeklong hunger strike calling for universal suffrage by 2012. This comes as China's parliament is set to meet to decide whether to expand democracy in Hong Kong.

The strike began on Sunday, weeks after Hong Kong's Chief Executive Donald Tsang called on China to allow greater democracy in the former British colony. Although the majority of people in Hong Kong want direct elections by 2012, Mr. Tsang's report to Beijing recommended that 2017 was a more realistic target for full democracy.

The National People's Congress (NPC), the Chinese parliament's Standing Committee is meeting in Beijing later this week to discuss Mr. Tsang's report and clarify Hong Kong's democratic future. Beijing appears to have given its first indication that it may be prepared to move toward universal suffrage in the next ten years.

Albert Ho, the Democratic Party Chairman who is partaking in the hunger strike said, "We could not be very hopeful, we all know that the NPC Standing Committee would not be very receptive to full democracy in Hong Kong in the foreseeable future.

Since the former British colony reverted to Chinese rule in 1997, the question has remained of when and how Hong Kong would be allowed full democracy as promised. Hong Kong's current constitution promises direct elections as the "ultimate aim" but is vague on a date, which gives Beijing scope to dictate the pace for universal suffrage and democracy.

For more information, please see:

Reuters - HK Democrats pressure Beijing on democracy ruling - 23 December 2007

IHT - Hong Kong democrats go huntry to push for faster pace of political reform - 23 December 2007

The Standard - HK secures seats in Beijing debate on democracy - 24 December 2007

Kyrgyz Opposition Protesters Detained

By Juliana Chan
Impunity Watch Reporter, Asia

BISHKEK, Kyrgyzstan - Police arrested and detained about 40 protesters Friday. The protests were staged by the opposition party, protesting an election that they call unfair, and is said to have strengthened Kyrgyzstan's current president and opened the door for further turnoil.

President Kurmanbek Bakiyev's Ak Zhol party won the most seats in the parliamentary election on Sunday. The opposition party, Ata Kenen, won no seats because it had failed to win a minimum percentage in certain regions of the country.

At one of the protests, Omurbek Tekebayev, the Ata Maken leader, said the "[o]pposition parties were supported by the majority of the population, but the authorities have rigged the results."

The election has also drawn international criticism. Observers from Europe's largest rights body, the Organisation for Security and Cooperation in Europe (OSCE), said the vote failed to meet its standards.

The United States has voiced its concerns and doubts about the election. Sean McCormack, the U.S. State Department spokesman said "the polls were marred by obstacles for opposition parties and the use of government resources to benefit specific political interests."

Mr. Bakiyev has dismissed all the ellegations of vote-rigging.

For more information, please see:

Reuters - Kyrgyz opposition protests flawed poll - 21 December 2007

BBC News - Kyrgyz MPs meet amid controversy  - 21 December 2007

AP - Protesters Detained in Kyrgyzstan - 21 December 2007

BRIEF: Nepal to Abolish Monarchy

KATMANDU, Nepal- Nepal's government agreed to abolish its monarchy today in preparation for Maoist former rebels to rejoin the Cabinet and for elections to be held.  The monarchy is 239 years-old.

The civil war between Nepal's government and the Maoist rebels ended last year.  The Maoists took part in the government, but then left three months ago after their demands for the immediate declaration of a republic went unmet.

Today's decision was agreed upon by leaders of the seven main political parties.  A change will not take place until after next year's elections.  First a National Assembly must be selected via an election system of proportional representation and direct election, and then that Assembly will have to ratify the declaration of the republic.  The elections are supposed to occur before the end of the Nepali year, which ends April 12.

For more information, please see:

The New York Times (Reuters) - Nepal to End its Monarchy in a Deal with Ex-Rebels - 24 December 2007

Bloomberg - Nepal Agrees to Abolish Monarchy, Rebels Will Rejoin Government - 24 December 2007

UPDATE: Controversial Leader Wins Gujarat Elections

AHMEDABAD, Gujarat, India- Controversial Hindu nationalist, Narendra Modi, of the Bharatiya Janata Party has won a key election in the western Indian state of Gujarat.  The right-wing leader is accused of failing to protect Muslim rights during his time as Chief Minister.  He has also been accused of supporting extra-judicial execution of terrorism suspects.

For more information, please see:

Impunity Watch - Controversial Leader Expected to Win Gujarat Elections - 16 December 2007

BBC News - India's BJP wins Gujarat Election - 23 December 2007

Deadly Suicide Bomb Attack in Pakistan Mosque

By Amy Glasrud
Impunity Watch Reporter, Asia

PESHAWAR, Pakistan – During a celebration of the festival of Eid al-Adha, a suicide bomber attacked a mosque killing at least 50 people, and injuring up to 80.  The mosque quickly turned from a congregation of a 1000 people celebrating to a scene of blood, body parts, and abandoned shoes and prayer caps.  It is suspected that the target of the bomb is former Interior Minister Aftab Khan Sherpao.  Sherpao was not injured, however his son and this two grandnephews were not as lucky and they did sustain injuries.  This bombing is the second attack in eight months against Sherpao.  Sherpao did make a statement, “It was a real massacre, I can tell you that.”  The bomb was said to include ball-bearings and nails, which made the bomb more deadly.

According to the Associated Press, President Musharraf condemned the blast and directed security and intelligence agencies to track down the masterminds.  Moreover, the U.N. Secretary-General Ban Ki-moon also condemned the attack by stating that he “urges all political forces in Pakistan to unite against the scourge of terrorism and to act together to create a peaceful environment ahead of the Parliamentary elections.”  A state of emergency was also declared in the area because the area hospitals were so overwhelmed by the number of injured.  The International Herald Tribune reported that ambulances ferried to hospitals in Peshawar, the capital of the North-West Frontier Province, roughly 25 miles away. 

Reuters stated that they were told by provincial police chief Sharif Virk and intelligence officials that the attack could be linked to militant groups in the adjacent Mohmand tribal region, a lawless area that straddles the border with Afghanistan.  The security official stated; “we suspect that it could be orchestrated in Mohmand tribal agency, from where we suspect that previous attack on Sherpao ws planned.” 

The police were looking for the missing head of the bomber, since the head is usually completely blown off when the bomb is detonated.  The police had found some limbs which they were taking in for DNA evidence, however without the help from the family, the evidence is not worth much.  According to the Associated Press, security officers had arrested seven students from an Islamic school hours after the blast Friday.  The arrest was based on intelligence information.  The investigation is set to continue until the bomber is identified. 

For more information, please see:

Reuters - Pakistan arrest suspect in mosque suicide bombing - 22 December 2007

Associated Press - Pakistani Police Seek Clues to Suicide Bomber's Identity After Blast That Kills 50 - 22 December 2007

CNN - 'At least 50' dead in mosque bomb - 21 December 2007

International Herold Tribune - Suicide bomber kills dozens in Pakistan - 21 December 2007

12 Policemen Attacked in Chhattisgarh by Maoist Rebels

By Amy Glasrud
Impunity Watch Reporter, Asia

RAIPUR, India – An attack from the Maoist rebels on the Golapalli-Kishtaram road in the Dantewara district of the Chhattisgarh state killed at least twelve policemen.  Their bodies were recovered from the jungle in central India.  However, recovering their bodies and confirming the amount dead has not been an easy task because of the landmines that had been planted in the area by the rebels. 

According to Director General of Police Vishwaranjan, “a team comprising 33 personnel from the Chhattisgarh Armed Police and the district police was ambushed at Tarlaguda nullah area.”  Moreover, it has been reported by The Indian Express that “the 12 missing security men included eight Chhattisgarh Armed Police personnel and four from the district police.”

Zee News stated that the attackers “looted 11 self-loading rifles and an AK-47 rifle,” as well as ammunition. 

This attack comes shortly after the December 16th jailbreak, in which Maoists overpowered guards and released about 300 inmates.  The Indian Express is reporting that on Thursday the Chhattisgarh police department claimed that they have recovered a letter written by a top Maoist official, Narayan Sanyal.  Furthermore, The Indian Express stated that “Sanyal is the lone living contemporary of Charu Majumdar, the founder of the Maoist movement.  At present, he is lodged at Bilaspur Central Jail and faces dozen of charges, including masterminding the November 2005 Jehanabad jailbreak and carrying out an attack on former Andhra Pradesh Chief Minister Chandrababu Naidu in 2003.”   

The rebels have been known to be fighting for rights of the poor farmers and for rights to landless laborers.  According to Reuters, “thousands of people have been killed in the insurgency, which began in the late 1960’s and stretches through the countryside in the east to the central region and some southern states.”  

For more information, please see:

Reuters - Maoists kill 12 policemen in central India - 21 December 2007

The Indian Express - 12 policemen feared dead in Chhattisgarh Naxal attack - 21 December 2007

Zee News - Maoists kill 12 policemen in Chhattisgarh - 21 December 2007

BRIEF: Burial Site of Possible "Disappeared" in Nepal

KATHMANDU, Nepal- Nepal's National Human Rights Commission announced today that it has found a possible burial site for people killed during the country's war against Maoist rebels.

The Commission found buried pieces of clothing and plastic bags in the Shivapuri National Park, an area protected by the Nepal army.  They suspect that people were killed elsewhere and brought to the site to be cremated.

Nepal's anti-monarchy Maoist rebellion ended a year ago.  The Maoist rebels signed a peace agreement with Nepal's multi-party government in November 2006, ending the 10-year war against the Hindu monarchy.  More than 13,000 people were killed during the war, and 200,000 were displaced.

According to human rights activists, both Nepal's army and the Maoist rebels captured, tortured, and killed people who they thought were enemy sympathizers.  According to the Nepal army, thus far more than 100 soldiers have been punished for human rights abuses committed during the war.

The Office of the United Nations High Commissioner for Human Rights has called for further investigation into not only the burial site, but the abuses committed during the conflict.

For more information, please see:

Yahoo News - Nepal finds possible burial site of "disappeared" - 20 December 2007

Nepal News - NHRC to excavate suspected burial sites in Shivpuri jungle - 20 December 2007

BRIEF: Secret Detention in Pakistan

ISLAMABAD, Pakistan- Pakistani officials discretely released close to 100 terrorism suspects today, few of whom were ever charged.  Human rights lawyers say that the government released these men in an effort to avoid acknowledging a the illegal detention system.

The government has not given a reason for their release, but some suspect the they were released because pressure has been mounting to bring their cases into court.

According to the human rights lawyers, some of the men release were those detained in Pakistan's cooperation with the United States in the fight against terrorism.  They also say that since that cooperation has begun, at least two detainees were given to US authorities without legal extradition proceedings.

For more information, please see:

NY Times - Picture of Secret Detentions Emerges in Pakistan - 19 December 2007

Malaysian Activists Held Under Law Allowing for Indefinite Detention without Trial

Photo - Hindraf leaders lifted up by their supporters - AFP

By Elizabeth O'Loughlin   
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia- Following recent protests in Malaysia, the government has detained dozens of people, most of whom are being held under illegal assembly charges.  Five Hindu Rights Action Force (Hindraf) leaders, however, are being held under Malaysia's Internal Security Act (ISA) which allows for indefinite detention without trial.  According to Human Rights Watch, the ISA has long been used against peaceful political and rights activists.

The demonstrations were held in protest of alleged discrimination against the Indian minority by the majority Muslim Malay population, who also controls the government.  The protesters presented a memorandum to Prime Minister Abdullah Ahmad Badawi requesting that the current election chairman, Abdul Rashid Abdul Rahman's, tenure not be extended.  The demonstrators consider Rahman to be responsible for a corrupt and damaged election practice in Malaysia. 

Hindraf attempted to secure a permit for the protests, but the request was denied by police.  The demonstrations were held peacefully until police asked the protesters to disburse.  They refused so police used tear gas, chemically laced water, and batons against them, and arrested many protesters.

The Hindraf leaders who are being detained are P. Uthayakumar, M. Manoharan, V. Ganabatirau, R. Kenghadharan, and T. Vasanthakumar and they were arrested on December 13th.  Prime Minister Badawi, who also holds the post of minister of internal security, stated that these leaders were weakening national security by causing tension between the Muslim, Chinese, and Indian ethnic communities in Malaysia because of the protests.  According to the Inspector-General of Police, the Hindraf leaders “clearly have links with international terrorist organizations and they are involved in activities that amount to inciting racial hatred.”

Human Rights Watch and other human rights organizations are calling for the immediate release of the protesters and Hindraf leaders.

For more information, please see:

Taipei Times - Activists rally in Kuala Lumpur over alleged rights abuse - 20 December 2007

Human Rights Watch - Malaysia: Hindu Rights Activists Detained - 18 December 2007

AFP - Malaysian rights activists warn of further protests - 18 December 2007

As Tibet develops, China increases its repression on Buddhists

Photo: FOT

By: Claudia Parker
Impunity Watch Reporter, Asia

LHASA, Tibet – By the end of 2007, Tibet expects to have grossed 4.8 billion yuan ($650 million) due to its recent tourism boom.  Tibet has serviced roughly 4.02 million tourists this year, an increase of 64 percent over 2006.  The unprecedented growth has been attributed to a new railway linking Lhasa with the Chinese rail network. 

In hopes of attracting additional tourists, China has pledged 40 million yuan to improve the region’s infrastructure and general development.  Chinese authorities plan to spend at least 10 million yuan on renovating toilets in popular attractions, while some of the remaining funds will be used to train tour guides to speak in foreign languages. 

Although Tibet is one of the least developed regions of China and tourism is its main industry, the recent allocation of funds concerns Tibetan critics who see the Chinese development projects as a means of exerting further control over the region.  Some activists demand a boycott of the railway, arguing that it will damage the region’s environment and distort its ethnic composition.  The Dalai Lama asserted the railway was a means for allowing a “second invasion of Tibet” only this time by Chinese migrant workers, and in fact, the population has increased by at least 2.81 million people who are primarily foreign.

Repression of Buddhists has increased alongside tourism.  Fearing a separatist movement, China has begun building police stations close to or in monasteries, while exerting pressure on monks to denounce the Dalai Lama and turn over funds donated to the religious authorities.  Chinese officials have required practicing Buddhists to take exams to prove their loyalty to China and have beaten those who fail to deny their faith or their spiritual leader.  While tourists may visit restored monasteries with Buddhist occupants, sources say the seemingly expansive religious freedom is only a show. 

China took forcible control over Tibet in 1950; however, many Tibetans maintain nationalist tendencies.  Just last week a map was released that included Tibet as an independent country.  The map marked the start of a new educational campaign initiated by Friends of Tibet.  Sethu Das, founder of the organization, claimed the map was “The dream of every Tibetan, the dream of six million Tibetans living and suffering under the Chinese occupation…”

For more information, please see:

Earthtimes.org – Tourists continue to flood into China’s Tibet region – 17 December 2007

The Economic Times - Jet Li says China, Tibet should be unified – 13 December 2007

China View – China to invest in toilet renovations at Tibet tourist attractions – 18 December 2007

Phayul – ‘The World With Tibet’ Campaign launched – 18 December 2007

Reuters – China deepens religious repression in Tibet: report – 9 December 2007

UN Human Rights Council Resolution on Myanmar

Picture - UN Human Rights Council Emblem - UN News Centre

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

GENEVA, Switzerland- The United Nations Human Rights Council has passed a resolution instructing the Myanmar governing junta to respect and protect human rights in their country.

The Human Rights Council on Friday called for Myanmar to “ensure full respect for human rights and fundamental freedoms and to investigate and bring to justice perpetrators of human rights violations, including for the recent violations of the rights of peaceful protesters.”  Regarding the crackdown on pro-democracy demonstrators in September, the Human Rights Council called on Myanmar to prosecute the people who committed the abuses.

The resolution also called for U.N. special envoy for Myanmar, Paulo Sergio Pinheiro, to return to the country to carry out a more full investigation into the September events. 

This resolution follows the recent release of Pinheiro’s 77-page report detailing what he learned and observed in his initial visits to Myanmar in November.  (See Impunity Watch article here).  In that report, Pinheiro noted that 31 people were killed in the crackdown, and anywhere from 100 to 500 people were still being detained.  Pinheiro has been asked to conduct the further investigations and report back before the Human Rights Council meets again in March 2008.

The Human Rights Council is made up of 47 countries.  The resolution was supported by 41 countries, including the United Kingdom, Korea, and Canada.  The Myanmar government criticized the resolution, claiming it a ploy by powerful countries to pursue their own political agendas.

U.N. Secretary General, Ban Ki-moon, has stated that the world’s patience with Myanmar is “running out fast.”

For more information, please see:

Times of India - UN rights council wants second fact-finding mission to Myanmar - 15 December 2007

Reuters - U.N. human rights body backs new probe of Myanmar - 14 December 2007

UN News Centre - Wrapping up session, UN Human Rights Council to send expert to Myanmar - 14 December 2007

Impunity Watch - UN Reports 31 Died During Myanmar Protests - 10 December 2007

Controversial Leader Expected to Win Gujarat Elections

Photo- Chief Minister Narendra Modi campaigning in Gujarat - AFP/BBC

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

AHMEDABAD, Gujarat, India- In the state of Gujarat, the second phase of Assembly elections is taking place.  599 candidates are competing for the remaining 95 seats of the 185-seat Gujarat Legislature.  The Hindu nationalist Bharatiya Janata Party (BJP) currently holds the majority of seats and expects to maintain the majority, although exit polls show that this majority will be cut slightly.

The current Chief Minister, Narendra Modi of the BJP, is also competing for re-election during this phase of elections, causing a light to be shed on his character.

Muslim organizations and activist have repeatedly accused Modi of provoking anti-Muslim violence during his time in office.  In February and March of 2002, after 59 Hindu pilgrims were thought to have been killed by a mob of Muslims, Hindu militants randomly attacked Muslims throughout Gujarat.  Muslim women were raped, Muslim property was ruined, and thousands of Muslims were hacked, burnt, or shot to death.  According to Human Rights Watch, these militant attacks were organized with police participation and cooperation by the state government and the ruling BJP and Modi.  At that time, Modi justified the attacks by saying that “every action has an equal and opposite reaction.”  An inquiry later concluded that the deaths of the 59 Hindus was accidental.

According to Human Rights Watch, Modi also endorsed the extra-judicial execution of a terrorism suspect by police.  In 2005, the Gujarat antiterrorism squad shot Sohrabudding Sheikh, a man the police claimed was conspiring to kill Modi.  The government has since revealed that they have no evidence that Sheikh was a terrorist and filed charges against the policemen involved.  Modi however, while campaigning this December, stated that people like Sheikh should be killed regardless.

Defenders of Modi claim that his words and actions are being misrepresented. 

Election results are expected next Sunday, and it is expected that Modi will be reelected.

For more information, please see:

Forbes (AFX News Limited) - India's riot-scarred state of Gujarat goes to the polls - 16 December 2007

The Times of India - BJP will post historic win in Gujarat: Modi - 16 December 2007

Human Rights Watch - Gujarat Chief Minister Endorses Unlawful Killings - 7 December 2007

BRIEF: Pakistan Ends State of Emergency

Photograph - President Musharraf - AFP/BBC

ISLAMABAD, Pakistan- President Pervez Musharraf has lifted emergency rule in Pakistan.  Emergency rule has been in place in the country since November, when Musharraf fired Supreme Court justices, and arrested lawyers, judges, and activists.

Musharraf has ended emergency rule one day earlier than he had originally announced.

Former Supreme Court justices remain under house arrest.

For more information, please see:

BBC News - Musharraf ends Pakistan emergency rule - 15 December 2007

UPDATE: Protests continue in Pakistan

By Claudia Parker
Impunity Watch Special Reporter, Asia

ISLAMABAD, Pakistan – The educated middle class of Pakistan continues to protest the emergency rule one day before it is supposed to be lifted.  Reports claim that small groups of protestors have been continuously out on the streets voicing their disdain for the current regime; however, what these advocates lack in number they seem to make up for in commitment and impact.  A recent poll indicates that 60 percent of Pakistanis disprove of Musharraf, while 83 percent oppose the continuation of emergency rule.

The protestors are interested in establishing a secular rule of law, insulated against dictatorship and oppression.  The daily protests by lawyers and young law students continue to call for the reinstatement of the judiciary, fair elections, and the end of emergency rule.  These protests expand beyond the physical world and into cyberspace due to the many SMS messages, blogs and websites calling for action.

However, not all lawyers are fighting on the same side.  Mr. Pirzada, counsel for President Musharraf, has recently drafted a new set of documents expanding Musharraf’s presidential powers.  These provisions will be enacted without the approval of Parliament.  When questioned about his role in aiding the Pakistani government, Mr. Pirzada stated that “the question of conscience in law hardly matters as long as you influence the authorities to be moderate and exercise restraint.”

He went on to say that, “the trouble is the people of Pakistan.  They were merely spectators.  Half the time there has been military rule, and half civilian rule.  Both were alike in despotism and corruption.”  With emergency rule ending and protests continuing, this past trend may require adjustment.

For more information, please see:

AP - Pakistan's Middle Class Takes to Streets – 15 December 2007

The New York Times - On Retainer in Pakistan, to Ease Military Rulers’ Path – 15 December 2007

BRIEF: Dalai Lama's Visit to Italy Draws Criticism from Beijing

Photo at USA Today

ROME,Italy - During a visit to Rome, the Dalai Lama called on Italy and the rest of the international community for help as China is taking an increasingly harsh stance on Tibet.

Speaking to Italian lawmakers Thursday, the exiled spiritual leader explained Tibet was not seeking independence from China, but insists he only wished for autonomy in Tibet and to preserve its culture.

Beijing has been critical of the Dalai Lama's international trips, including recent meetings with President Bush and German Chancellor Angela Merkel. The Dalai Lama's 10-day visit to Italy was no exception.

China condemned the visit to Rome, saying "it opposed any country supporting or sympathizing with the exiled spiritual leader." The Chinese Ministry spokesman, Qin Gang stated further, "The Dalai is not a pure religious figure but a political exile under the cover of religion who has engaged in activities aimed at splitting the motherland and national unity."

For more information, please see:

AFP - Dalai Lama calls on Italy to back Tibetan autonomy - 13 December 2007

USA Today (AP) - China condemns Dalai Lama's visit to Rome - 13 December 2007

Malaysian Authorities Arrest Ethnic Indians

By Kristy Tridhavee
Impunity Watch Reporter, Asia 

KUALA LUMPUR, Malaysia – Malaysian authorities have arrested five leaders of the ethnic Indian group, Hindraf, under a controversial security law that allows detainment without trial. Deputy Internal Security Minister Mohd Johari Baharom said to a news agency, "They can be held for two years for sedition and also for carrying out activities that threaten national security.” 

Human rights groups have been campaigning to abolish the law from the country. Malik Imtiaz Sarwar from the National Human Rights Society has said the arrests are “regrettable and unnecessary.” He added, “The ISA detention will have the unfortunate effect of now stopping genuine attempts of the part of the marginalized Indian community to have their grievances addressed.”

According to reports, the security law was not thought to have been used against government critics since 2001 when the former premier Mahathir Mohamad used it to stop reform movements that began after his deputy was arrested. The law dates back to the British colonial era when it was used against communist insurgents. It provides for a two-year detention that can be renewed indefinitely.

One month ago, Hindraf organized a massive public protest alleging discrimination against the ethnic Indians by the Muslim Malays. Police and other authorities broke up the public protest of about 8,000 people with tear gas, batons, and water cannons.

Earlier this week Prime Minister Abdullah Badawi said the government would not tolerate street demonstrations and that he would resort to using the security law “without feeling guilty, without feeling sad.”

Ethnic Indians make up about eight percent of the population and suffer in terms of wealth and educational opportunities. Ethnic Indians say they continue to live in poverty partly because of the job and economic advantages given to the Malay Muslim majority. The government denies any claims of discrimination.

A Hindraf spokesman commented, "Regardless of the arrests this struggle will move on. We have many leaders who are waiting to take over and we will not go backwards but move ahead with the fight for the rights of Indians in Malaysia."

In response to the public criticism of the government, Malaysia’s ruling coalition has launched a nationwide signature drive in effort to show support for the Prime Minister. The campaign’s objective is to publicly oppose street demonstrations based on claims by “narrow-minded leaders.” “We expect overwhelming response as a show of support for the cause. I hope Malaysians from all walks of life will sign on to stop negative elements in Malaysia,'' said a member of UMNO, the Malay component of the ruling Barisan Nasional. The groups taken part in the campaign are: the Malaysia Hindu Sangam, Sri Murugan Centre, Malaysian Associated Indian Chambers of Commerce and Industry, Malaysian Hindu Youth Council, Majlis Kelab Bell Belia Tamil Malaysia, Malaysia Hindu Dharma Mamandram, Persatuan Telugu Malaysia, All Malaysia Malayalee Association and Malaysian Indian Entrepreneurs and Professionals.

For more information, please see:

AFP – Malaysian Activists Held Under Security Law – 13 December 2007

BBC News – Malaysia Arrest Ethnic Indians – 13 December 2007

New Delhi Television Limited – Malaysia to Launch Signature Drive – 13 December 2007

BRIEF: Ieng Sary and Ieng Thirith Appeal Detainments

PHNOM PENH, Cambodia – Former Khmer Rouge Ministers Ieng Sary and Ieng Thirith have appealed their detainments to the UN-backed Cambodian Tribunal. They were arrested last month for crimes against humanity for their roles in the Khmer Rouge regime during the 1970’s. Ieng Sary’s attorney appealed his detainment based on his health problems. Ieng Thirith’s attorney cited mental health issues. The court had earlier rejected their appeals based on the flight risk and the harm they face from those seeking revenge. Both detainees' attorneys have refute any possibility the two would be flight risks because of their ages.

For more information, please see:

AFP – Detained Khmer Rouge Cadres Appeal Detention: Court – 13 December 2007

Update: Vietnam Releases 3 American Citizens

By Kristy Tridhavee

Impunity Watch Reporter, Asia

HANOI, Vietnam- Vietnam has released three American citizens after they were arrested several weeks ago and accused of involvement with terrorist actions. One citizen remains in custody because he entered in country with a forged passport, complicating his release.

Although no formal charges were brought against the American citizens, Vietnamese media reported that Truong Van Ba and Nguyen Quoc Quan were being investigated for terrorism, and Nguyen Thi Thinh and Le Van Phan were detained after a gun was found in their luggage.

Truong Van Ba and Nguyen Quoc Quan were detained when Vietnamese authorities discovered them preparing pamphlets on behalf of Viet Tan. Viet Tan is a pro-democracy California-based group; however, Vietnam considers the group to be a terrorist organization. Vietnamese media reports have described the group as “reactionary and terrorist” that plans to overthrow the communist government.

Soon after the arrests were reported, a rally was held outside the Vietnamese embassy in Washington D.C. and a group of Congressmen wrote a letter to Prime Minister Nguyen Tan Dung. Eleven legislators wrote to the Prime Minister that the arrests “violate the government of Vietnam’s promise to continue to improve its human rights record.” Congresswoman Loretta Sanchez added, “It is appalling to me that these arrests ever happened. When will the harassment, the arrest of the US citizens, and the harassment and jailing of the Vietnamese people end.”

US Ambassador Michael Michalak also called upon the Vietnamese government to explain the arrests. Last Tuesday, Michalak told reporters he had seen no evidence linking the detainees to terrorism and called upon Vietnam to explain the arrests. “If there is evidence that this group is engaged in terrorist activities, I would like to see it. The United States will protect any actions taken to silence those engaged in the peaceful expression of political views.”

Duy Hoang, a leader of Viet Tan, said the release showed the detainees were held without justification. “There has been absolutely no merit to these charges of terror. These individuals were only in Vietnam to express their views peacefully. Everything that the Vietnamese government said about Viet Tan and its activities was untrue,” he commented.

According to Vietnamese law, the country does not prosecute political activists but only those that break the law, including laws that ban anti-state propaganda.

For more information, please see:

AP – Vietnam Frees 3 US Citizens  – 12 December 2007

AFP – Vietnam Releases US Couple Accused of Carrying Handgun – 11 December 2007

Voice of America – Vietnam Releases 3 US Citizens Accused of Terrorism – 12 December 2007

Top UN Official Criticizes Japan Executions

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

On December 7 the Japanese government executed three prisoners, Hiroki Fukawa, 42 years old, Seiha Fujima, 47 years old, and Noboru Ikemoto, 74 years old.  The three men were each convicted of murder and they were executed by hanging.

Louise Arbour, the United Nations' High Commissioner for Human Rights, condemned the executions and urged Japan to reassess its death penalty, especially when executing the elderly.  She stated that the practice was problematic under international law.

Before 1998, the Japanese government did not acknowledge that it executed prisoners. Now, although they acknowledge that executions do take place, they are typically held in secret.  The executions are carried out without prior notice to the prisoners or their families-- prisoners are only informed hours before they are going to die.  After the execution, the names of the prisoners are not released to the public.

Because the government has released the name of these three prisoners, some see it as a sign that the country may change its policies on the death penalty, or at least change its policy of secrecy with regards to executions. 

Japanese ministry officials stated that they announced these particular names in a response to national and international criticism that the government is overly secretive.  They also released the names at the request of the families of the prisoners.

However, it has been noted that although the names were released, the other usual practices are still being followed-- these hangings occurred suddenly and without notification to the prisoners or families.  It has also been suggested that Justice Minister Kunio Hatoyama released these names just to make himself popular and cause trouble for the current Prime Minister.

Currently there are 107 prisoners on death row in Japan.  Including the three prisoners hanged on December 7, a total of 9 men have been hanged this year.

For more information, please see:

Amnesty International - Japan: Amnesty International condemns executions - 7 December 2007

IPS - RIGHTS-JAPAN: Naming Hanged Convicts - Step Towards Reform - 11 December 2007

AHN - U.N. Rights Group Asks Japan To Take Hard Look At Death Penalty - 9 December 2007

Press TV - UN Official criticizes Japan execution - 9 December 2007

UN Reports 31 Died During Myanmar Protests

By Kristy Tridhavee
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar –UN Special Rapporteur Paulo Sergio Pinheiro has reported that 31 people died during the Myanmar crackdown on democracy protests, which is three times more than was officially reported.

The 31 fatalities associated with the democracy protests were documented by “credible eye-witness reports.” Mr. Pinheiro noted that the lethal force used against peaceful demonstrators was “unnecessary and disproportionate.”

The UN report also identified that 4,000 persons were arrested, in comparison to the 3,000 officially reported. In addition, between 500 and 1000 people were still being detained. Also, nearly 1,150 political prisoners taken into custody before the protests have not yet released.

Mr. Pinheiro was particularly concerned about the “numerous accounts of the use of large capacity information detention centres, unacknowledged by State authorities, which are regarded as secret facilities.” He also found credible reports of a special punishment area known as “military dog cells.” The “military dog cells” measure 6-1/2 feet by 6-1/2 feet and are guarded by a troop of dogs. The cells lack ventilation and toilets, and prisoners sleep on thin mats.

A detainee described being forced to kneel on broken bricks and stand on his toes for long periods of times. Reports also documented that monks were disrobed and fed only in the afternoon when they are religiously barred from eating.

Mr. Pinheiro also found that state security groups continued to detain people suspected of taking part in the protests. Typically, persons are taken during night home raids. "This constitutes hostage taking -- explicit or implicit pressure on the suspected protesters to come forward as a condition for releasing or not harming the hostage. It is a violation of fundamental rules of international law," the report said.

Mr. Pinheiro’s 77-page report follows his fact-finding visit in mid-November and is among the fullest accounts to date of the crackdown on democracy protests. The report is to be officially presented to the UN Human Rights Council on December 11.

For more information, please see:

The Jurist - UN Myanmar Rights Expert Up Estimate of Death Toll from Protests Crackdown to 31-8 – 8 December 2007

Reuters - UN Report Raises Death Toll in Myanmar Crackdown – 7 December 2007

UN News Centre - Death Toll in Myanmar Crackdown Higher than Goverment Figures-UN Expert – 7 December 2007

Pakistan: Dates Confirmed for Elections and End of Emergency Rule

Photo - Pervez Musharraf - CNN

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan- Pakistan President Pervez Musharraf has announced that he will be lifting emergency rule on December 15, a day earlier than originally planned.  He also confirmed that parliamentary elections will occur on January 8.  He stated, “I give commitments which I always follow and honor.”

Pakistan Muslim League (PML) and Pakistan People’s Party (PPP), opposition leaders Nawaz Sharif and Benazir Bhutto’s parties respectively, have ended discussion over a possible boycott of the January elections.  They had met along with 31 other opposition parties and were unable to reach an agreement on a boycott despite concerns that the polls will not be free or fair.  Instead both the PML and PPP will participate, but will contest the elections.

The All Pakistan Lawyers’ Representatives Convention however did decide on Saturday to boycott the upcoming elections.  They urged other political parties to also boycott to rid of the “unconstitutional rule”.  They believe that the elections cannot be fair under the watch of President Pervez Musharraf.  They passed resolutions to immediately restore deposed judges and reject emergency rule.  They also demanded the release of attorneys Aitzaz Ahsan, Munir A Malik, Ali Ahmad Kurd, Justice Tariq Mehmood, Baz Muhammad Kakar and Hadi Shakeel Ahmad.

Eleven Supreme Court Justices are still being detained as well.  They have been under house in Islamabad and Lahore since emergency rule was announced over a month ago.  Their homes are surrounded by police barricades, yet a Pakistan Interior Ministry spokesman claims that they are free to leave their official residences when they wish.

The PML has stated that their party’s manifesto will contain a single demand, for the reinstatement of the Supreme Court Justices.  Bhutto instead thinks that the new parliament should decide on whether the judges should be reinstated.

For more information, please see:

Bloomberg News - Pakistan's Emergency Rule to Be Lifted Dec. 15, Musharraf Says - 9 December 2007

AFP - Sharif party to contest Pakistan polls: spokesman - 9 December 2007

BBC News - Sharif's party 'to contest polls' - 9 December 2007

Pakistan Daily Times - All Pakistan Lawyers' Representative Convention: Lawyers urge parties to boycott polls - 9 December 2007

Baltimore Sun - In Pakistan, judges still confined - 9 December 2007

'Kite Runner' Children taken out of Afghanistan, arrive in United Arab Emirates

By Melody Kight
Impunity Watch Reporter, Asia

KABUL, Afghanistan - Four child actors from the soon-to-be-released movie, 'The Kite Runner,' arrived in the United Arab Emirates on Friday amid widespread fears for their safety.  Paramount Vintage executives, who will be releasing the movie in the United States on December 14th, were concerned about the potential backlash that the boys and their families would face once bootlegged copies of the movie made it back to Afghanistan.

Originally written in 2003 by Afghan-American Khaled Hosseini, the story spans three decades and centers around a childhood act of betrayal that haunts an adult Afghan-American. As a child in Afghanistan, the well-to-do Amir stumbles upon the rape of his friend Hassan, and fails to come to his aid. Years later, after having moved to America, Amir returns to Afghanistan during the Taliban years to make restitution.

The concern centers around the scene where Hassan, of the minority Hazara tribe, is raped by a boy from the superior Pashtuns. One parent expressed fear that the members of the two tribes would take offense. The child who played the victim also expressed worry about other boys ostracising him as if he had actually been raped. The movie, set in Afghanistan, completed filming in China nearly one year ago. A January article in the The Times (U.K.) led to the February creation of a group, Save the Kite Runner Boys, committed to raising the funds to move the child actors to safety. The movie was originally scheduled for a November 2, 2007 release, but the release date was postponed for six weeks while Paramount arranged for the boys' relocation.

For more information, please see:

San Fransisco Chronicle - "The Kite Runner" takes flight - 07 December 2007
BBC - Kite Runner boys exit Afghanistan - 07 December 2007
Herald Sun - The Kite Runner actors flee country over controversy - 06 December 2007
BBC - Kite Runner author supports delay - 17 October 2007
BBC - Kite Runner boy star 'not safe' - 04 October 2007
Fox News - 'Kite Runner' Boys Fear Afghan Backlash - 14 January 2007

BRIEF: New Report Highlights Developments at the Khmer Rouge Tribunal

NEW YORK, United States of America- Open Society Justice Initiative, a foundation that pursues human rights law reform, released a report Friday that examines the first public hearing at the Khmer Rouge Tribunal.

The Khmer Rouge Tribunal, also known as the Extraordinary Chambers in Courts of Cambodia, was created in 2004 to bring former leaders of Cambodia's Khmer Rouge to justice.  Since its creation it has been subject to much criticism; there have been allegations of corruption, poor management, and other serious problems.  The Tribunal is just now conducting its first public hearing on the pretrial detention of Kaing Guek Eav, the commander of the Khmer Rouge torture center Toul Sleng.

The report reviews the developments in the Tribunal since its creation, and it also examines this first public hearing.  According to the report, "the court handled all matters professionally and the historic initial hearing went off with no major hitches."  However the report addresses further challenges the Tribunal faces and makes recommendations on how to handle those challenges.

For more information, please see:

Open Society Justice Initiative - New Report Examines First Public Hearing at Khmer Rouge Tribunal - 7 December 2007

Sri Lanka’s Supreme Court Allows a Fundamental Rights Petition to Proceed

By Amy Glasrud
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The Supreme Court of Sri Lanka is allowing a Fundamental Rights petition filed by the Ceylon Workers’ Congress to proceed through the court.  According to the BBC, the petition came shortly after the mass arrests of nearly 1000 Tamils on Thursday in the capital.  The petition names the Defense Minister President Mahinda Rajapaksa, Defense Secretary Gotabhaya Rajapaksa, Army Commander Sarath Fonseka, Air Force Commander Roshan Gunatilleke, Navy Commander Wasantha Karanagoda, Inspector General of Police Victor Perera, Nugegoda Superintendent of Police A.M.W.D. Tennekoon, and the Attorney General all as respondents. 

The BBC reported that the