Impunity Watch: Asia

Vietnamese Journalist Released from Jail

HANOI, Vietnam - The Vietnamese government released journalist, Tran Khai Thanh Thuy, from jail.  The court sentenced her to nine months in prison for "disturbing the public order."  Although Tran Khai Thanh Thuy was sentenced today, she was released for time already served.  Foreign reporters were denied access to her one-day trial at the Hanoi People's Court.

Tran Khai Thanh Thuy was arrested in April of 2007 for posting articles critical of the government.  Two days prior to her arrest authorities entered her home and caught her posting the articles.  During the incident, police seized a memory stick that stored many of her articles.  In addition her articles, Tran Khai Thanh has written numerous novels, political essays, and was an editor of the dissident bulletin, Fatherland.

In January 2007, Human Rights Watch awarded Tran Khai Thanh Thuy the Hellman-Hammett prize for "her courage in the face of political repression." Tran Kai Thanh Thuy also belongs to Bloc 8406, which is a group of pro-democracy activists.  The foreign ministry has ruled the group illegal.  Vietnamese authorities also have accused her of organizing an independent trade union and supporting a dissident human rights commission. 

During Tran Khai Thanh Thuy's imprisonment, the government-controlled press printed a range of charges against the journalist, which included conspiring with other democracy activists to overthrow the Vietnamese government, and urging foreign citizens to kidnap Vietnamese diplomats.

For more information, please see:

AP - Vietnam Sentences Dissident Writer - 31 January 2008

Earthtimes - Vietnamese Dissident Released from Prison - 31 January 2008

Reporters Without Borders - Journalist Tran Khai Thanh Thuy Released from Jail - 31 January 2008

BRIEF: Khmer Rouge Tribunal Dismisses Nuon Chea’s Motion to Remove Judge

PHNOM PENH ,Cambodia – The defense counsel for Nuon Chea moved to have Ney Thol removed from the trial. Nuon Chea’s attorneys allege Ney Thol cannot be impartial and has political ties to the Cambodian People’s Party. In the motion, the defense claims the "continued presence on the bench threatens to undermine the credibility and integrity" of the hearings.

The Khmer Rouge Tribunal dismissed the motion. Media spokesman for the Extraordinary Chambers in the Courts of Cambodia, Reach Sambath, stated, "I can only say that the motion was not upheld.” 

Ney Thol is one of Cambodia’s most senior judges, an army general who heads a military court, and a member of the Cambodian’s People Party. During his career, Ney Thol has convicted two political opponents for natural security-related crimes. Previously, Ney Thol stepped down during preliminary hearings for Kaing Guek Eav because Ney Thol had been placed in a military prison in 1999.  Because of the experience, he stated that he was too close to the case.

Ney Thol could not be reached for comment, but has previously denied any allegations of bias.

For more information, please see:

Earthtimes – Cambodian Judge Accused of Bias Will Stay for Khmer Rouge Hearing – 30 January 2008

PR Inside – Defense Lawyers Demand Removal of Cambodian Judge from UN-Backed Tribunal – 30 January 2008

Bangladesh Arrests Labor Rights Activist

By Kristy Tridhavee
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – On January 24^th, Bangladesh authorities arrested Mehedi Hasan, a field investigator for the Workers Rights Consortium (WRC), for instigating protests against emergency rules.

On January 15^th, rioters ransacked more than a dozen garment factories. Rioters protested their lack of unpaid wages and unsafe working conditions. In order to break up the riots, Bangladesh police shot tear gas into the crowds. During the riots, over one hundred persons were injured, factories were damaged, and vehicles were vandalized. The garment factories involved in the riots resumed operation on January 16^th.

Authorities arrested Mehedi Hasan at the Zia International Airport before he boarded a plane to Bangkok. According to an unnamed official, Mehedi Hasan was taken to court on Sunday. Authorities will detain and question him for up to four days. In addition to Mehedi Hasan, authorities have arrested ten other labor leaders. Authorities identified the relevant persons after watching video of the riots taken by television stations.

Mehedi Hasan’s employer, WRC, is an independent monitoring group. It investigates working conditions at factories that make goods for the United  States. It specifically investigates factories that make college and university apparel. WRC’s Executive Director Scott Nova protested the arrest in a statement, “There is no legitimate reason for Mehedi Hasan's arrest and we call upon the government of Bangladesh to effect his immediate and unconditional release. We are deeply concerned for his safety.”

Other groups have joined the WRC in protesting the arrest. Labor Behind the Label (LBL) and the War on Want (WW) have also called for the Mehedi Hasan’s release. LBL has written letters to all British fashion brands, asking them to make formal inquiries about the arrest. In the letter LBL writes, “It is clear that Mr. Hasan's arrest is related to the labour rights monitoring work he has performed on the WRC's behalf. Labour rights advocates in Bangladesh are very concerned that the security forces will physically mistreat Mr. Hasan...All of these charges are false to the point of absurdity.” WW’s John Hilary, campaign and policy director, said, “It is unacceptable that researchers should be locked up for defending workers' rights. We call for the immediate release of Mr. Hasan and for the rights of all trade unionists to be respected.”

Bangladesh is currently under emergency rule. A military-back interim government runs the Bangladesh government. Civil rights have remained suspended while security forces operate under the emergency rule.

For more information, please see:

AP - Police Arrest Bangladesh Rights Activist – 29 January 2008

Independent Bangladesh – Cases Files Against RMG Workers, Leaders – 18 January 2008

War on Want - Bangladesh Government Cracks Down on Workers’ Rights Monitors – 28 January 2008

China Refuses to Politicize Olympic Games

By Juliana Chan
Impunity Watch Reporter, Asia

BEIJING, China - The People's Daily, the leading community party newspaper in China, expressed in a commentary piece Tuesday that any attempt to use the Beijing Olympics to discredit China or force it to change policy is doomed to failure.

This comes in response to an intense week of increased international criticism of the 2008 Beijing Olympic Games. On Monday, Britain's Prince Charles, who has long taken an interest in Tibet, said he would not be going to the opening ceremony of August's games. Wang Hui, a spokeswoman for the Beijing Olympic organizing committee, responded to the Prince's boycott as "unfair...[t]he Beijing Olympic Games belongs to the whole world, not only to China. Our slogan is 'One World, One Dream."

The Games have been linked to Darfur, Taiwan independence, religious liberties in Tibet, and freedom of expression. Beijing, however, is fighting to prevent the event from being politicized.

The commentary said that the international pressure has forced China to face "suggestions and accusations from all over the world, including misunderstandings, sarcasm and very harsh criticism." Furthermore, China will never submit to taunting or political pressure from groups or governments wishing to use the Beijing Olympics to change Chinese policy.

Jiang Yu, a Foreign Ministry spokeswoman, said China's progress in protecting the rights and freedoms of its citizens should be recognized, and the international community should oppose acts disrupting the Olympic Games.

For more information, please see:

Reuters - Olympics-China says won't submit to pressure - 29 January 2008

Guardian Unlimited - China hits out at attempts to politicise Olympics - 29 January 2008

CNN - Tibet group: Prince to boycott Games - 28 January 2008

Myanmar Makes Further Dissident Arrests

By Juliana Chan
Impunity Watch Reporter, Asia

In breaking a promise to the United Nations, Myanmar's military government has arrested almost 100 dissidents, Amnesty International reports.

The human rights group said the junta had arrested 96 people since November. Facing increased international pressure, the military government met with United Nations' envoy to Myanmar, Ibrahim Gambari, in November and agreed that it would hold no more activists following its deadly crackdown on protests in Yangon in September 2007.

September's protests led by Buddhist monks, turned into the biggest anti-government demonstration since 1988. According to the United Nations, at least 31 people were killed and 74 are missing.

Catherine Baber, director of Amnesty International's Asia-Pacific program, said that four months since the violent suppression on peaceful demonstrators, rather than stopping unlawful arrests, the government has actually accelerated them. She said that instead of bowing to demands for moderation from the international community, the junta's priority is to silence its citizens.

The new arrests target people who attempt to send evidence of the junta's crackdown to the international community. Among those arrested are members of democracy campaigner Aung San Suu Kyi's National League for Democracy party, a Buddhist monk, and a labor activist.

Amnesty International said that at least 700 people arrested in connection with the September protests remain behind bars, while Myanmar is still holding 1,150 political prisoners from before the demonstrations.

Furthermore, Myanmar's military government has postponed an invitation to United Nations envoy, Mr. Gambari. Mr. Gambari has visited Myanmar twice and was promised a third visit soon, in a effort of cooperation with the United Nations. The junta now says it will not be convenient for Mr. Gambari to visit until April.

For more information, please see:

BBC News - Burma dissident arrests 'ongoing' - 25 January 2008

The New York Times - Rights Group Accuses Myanmar of Holding More Dissidents - 27 January 2008

AFP - Myanmar arrests 96 dissidents since November: Amnesty - 26 January 2008

Pakistani Army Not to be Involved in Elections

By Elizabeth Breslin
Impunity Watch Reporter, Asia

The Pakistani Army announced today that it will be distancing itself from the election process.  The parliamentary elections are now scheduled for February 18th, delayed because of the assassination of opposition leader Benazir Bhutto in December. (See Impunity Watch story here).

An Army spokesperson said that “conduct of elections as per Constitution is the sole responsibility of the Election Commission and Army will not be involved in the election process.”  Pakistan’s current military chief, General Ashfaq Kayani, has seemed to prefer to stay out of politics since his appointment in October 2007.   Some analysts believe that the Army is attempting to keep itself outside of the likely controversies surrounding the upcoming election.  Kayani understands that the process will be messy, and by staying out of it he will avoid any blame.

President Musharraf’s opponents are alleging that he will use his power as President to influence the elections.  There is a widespread concern that Pakistan’s Election Commission is incapable of assuring a fair election.  There are allegations that the current Chief Election Commissioner is openly partisan, as well as government officials on all levels.  Furthermore, after the removal of judges and suspension of the Constitution in November, government officials and members of the judiciary are afraid to act independently.

Pakistan’s government has assured United States and European Union monitoring teams that they will be allowed to access elections sites freely and can go in unannounced to any polling site.  They are however refusing to allow exit polls to be conducted.  Critics worry that this is problematic as exit polls are an essential tool for assuring fair and independent elections.

In a speech on Friday, President Musharraf has issued a warning to Western countries to stop criticizing Pakistan’s government regarding the election and its methods of fighting against terrorism.  He requested instead their support during this difficult time.  He reiterated that the elections would be free and fair.

For more information, please see:

CBS News - Pakistan’s Army Steps Aside From Election - 27 January 2008

Daily Times - ANALYSIS: Election manipulation - 27 January 2008

BBC News - Musharraf issues warning to West - 25 January 2008

The Kansas City Star - Pakistan bans observers from conducting exit polls for election - 25 January 2008

Afghanistan Sentences Journalist to Death

Photo at RadioFreeEurope 

By Kristy Tridhavee
Impunity Watch Reporter, Asia 

MAZAR-I-SHARIF, Afghanistan – A group of three judges in Afghanistan sentenced Sayed Perwiz Kambakhsh, a reporter for the daily newspaper Jahan-e Naw and a journalism student at Balkh University, for distributing materials that criticized women’s inability to marry more than once while men are allowed to have four spouses.

During his closed hearing Kambakhsh did not have legal counsel and was briefly questioned by three judges and one prosecutor. After the five minute hearing, Kambakhsh was handed a small piece of paper, which said that he had acted against Islam and will be executed for the offense. Kambakhsh told the Institute for War and Peace Reporting, “The death sentence had already been written. I wanted to say something, but they would not let me speak. They too said nothing. They just handed me a piece of paper on which it was written that I had been sentenced to death. Then armed guards came and took me out of the room, and brought me back to the prison.”

Reporters Without Borders contends that the harsh sentence for Kambakhsh is meant to harm his brother, Sayed Yaqub Ibrahimi, who is journalist working with the Institute for War and Peace Reporting. Ibrahimi asserts that associates of local officials have threatened his life and warned him of more reprisals to come. Ibrahimi said, “The people who are threatening me had nothing official against me. There was nothing they could use to arrest and imprison me.” Ibrahimi further contends that Kambakhsh never distributed the materials concerning women’s rights, and the incident was a complete fabrication.

Several organizations have come out to criticize the Afghanistan court’s decision. The U.N. Assistance Mission in Afghanistan stated, “The pressures for punishment, warnings to journalists, as well as the holding of this case in closed session without Mr. Kambakhsh having legal representation point to possible misuse of the judicial process. This would not serve the cause of justice.” The French foreign ministry also criticized the sentencing, “France stresses that it is completely opposed to the death penalty. Freedom of expression must be guaranteed, respecting the principles and values enshrined in the Afghan constitution.”

Balkh provincial state prosecutor Hafizullah Khaliqyar dismissed charges of human rights violations and harms to press freedom, insisting that the sentence was “in accordance with Islam’s values.” Afghanistan officials also remind critics that the verdict is not final, and Kambakhsh may appeal the decision or wait for a presidential pardon.

For more information, please see:

Institute for War and Peace Reporting – Afghan Reporter Sentenced to Death for Blasphemy – 22 January 2008

Reporters Without Borders – Mounting Criticism of Young Journalist's Death Sentence – 25 January 2008

The Washington Post – Afghan Reporter’s Death Sentence Draws Wide Condemnation – 25 January 2008

BRIEF: Increased Human Rights Violations in Tibet

DHARAMSALA, India - The Tibetan Centre for Human Rights and Democracy (TCHRD) released its annual report, finding that the year 2007 saw repression worsen. The report accuses China of human rights violations in Tibet, particularly related to the freedom of expression, association, and religion. Cases of arbitrary arrests and imprisonments increased almost three times compared to 2006.

Within Tibet, there was hope that human rights violations would decrease in 2007, with China under international scrutiny ahead of the Beijing Olympics. As arbitrary arrests, unfair trials, torture and execution continue, there is "a clear indication of the human rights situation worsening in Tibet."

For more information, please see:

Thaindian News - Chinese human rights violations continuing: Exiled Tibetans - 24 January 2008

Pahyul - Year 2007 sees repression worsening in Tibet: Report - 22 January 2008

BRIEF: Khmer Rouge Tribunal Rules Nuon Chea’s Statement Stands

PHNOM PENH, Cambodia - The Khmer Rouge Tribunal ruled statements made by Nuon Chea, after his arrest but without legal counsel, would not be invalidated because the statements were consensual. When Nuon Chea was arrested, he was fed, rested, and warned to wait for legal representation before he spoke to authorities. However, he made the statements irregardless.

In a statement to the press, the court explained, “In reality, it appears difficult to imagine a situation where the waiver could have been clearer and more deliberate than in this case, without questioning the intellectual capacity of Mr. Nuon Chea, which does not appear to be in question here.”

In the past Nuon Chea declared publicly that he did not trust lawyers and would want a person “who was there” in order defend the Khmer Rouge regime. Since his arrest, Nuon Chea has hired Cambodian lawyer Sun Aran, a Khmer Rouge survivor.  

For more information, please see:

Earthtimes – Cambodian Court Declares Former Khmer Rouge Leader Statement Stands – 25 January 2008

Bangladesh Pardons Professors and Frees Students

By Kristy Tridhavee
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – On Tuesday, Bangladesh President Iajuddin Ahmed pardoned three university professors hours after a court sentenced them to two years in prison for stoking campus demonstrations. Today authorities released nine students accused of inciting unrest during those same demonstrations. The nine students released were the last of the students detained from August’s unrest.

Hundreds of supporters gathered for two days before the nine students were freed. The release appears to be an effort at reconciliation. Authorities feared the professors’ imprisonments would spark a fresh wave of protests in defiance of a state of emergency. 

Last August, violence erupted at Dhaka University when army soldiers allegedly assaulted university students. The government imposed curfews to suppress any further violence; however, one person died, and hundreds were hurt. The Bangladesh government has been under a state of emergency since January 2007. An interim government took power following months of strikes and riots by rival supporters of the two main political parties: the Bangladesh Nationalist Party and the Awami League. The interim government has promised to clean up the notoriously corrupt government and hold elections in 2008.

Amnesty International has said the professors’ pardons are not sufficient. Irene Khan, Secretary General of Amnesty International, said, “Charges should never have been brought against the professors in the first place. The arrest and prosecution of the Dhaka University professors is illustrative of the manner in which emergency regulations are open to abuse in cases involving the right to peaceful protest. The restrictions imposed through the Emergency Powers Rules exceed what is permissible under international law. The current rules and restrictions on freedom of expression, assembly and association are too widely framed and are being selectively applied.”

For more information, please see: 

AFP – Bangladesh Frees Nine Students after Mass Protests – 23 January 2008

Amnesty International – Bangladesh: Pardon of Teachers Not Enough Says Amnesty – 23 January 2008

Daily Times Pakistan – Bangladesh Pardons Teachers Jailed over Campus Unrest – 23 January 2008

Cambodians Remember Labor Leader Chea Vichea’s Murder

Photo at AFP 

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Hundreds of Cambodians marched in the capital to remember the murder of the country’s most prominent labor leader, Chea Vichea. Vichea lead Cambodia’s largest labor union, Free Trade Union of Cambodia. He was gunned down at a newsstand while reading a newspaper in January of 2004. At the march, his brother, Chea Mony, commented on the remembrance, “This is for his memory. I am very proud that so many people attended out of love for him.”

Kek Galabru, director of the Cambodian rights group Licadho, remembered Vichea, “He was the one who brought (the unions) all together. After him, there were divisions ... fighting against one other.”

The anniversary of Vichea’s death highlighted improper imprisonment of Born Samnang and Sok Sam Oeum. Samnang and Oeum are both serving a 20-year prison sentence for Vichea’s murder. Rights groups allege the men’s arrests were a cover-up for a political assassination.

Their convictions are highly suspect though. The men’s confessed only after police torture. A judge, who dropped the initial charges for lack of evidence, was quickly removed from his position, and the murder chargers were reinstated. The trial violated Cambodian law and international law standards. And on appeal, the Appeals Court upheld the convictions despite prosecutors admitting there was a lack of evidence. Vichea’s family and a prime witness to the murder have also commented that they do not believe Samnang and Oeum are responsible.

Souhayr Belhassen, president of the Paris-based International Federation of Human Rights, said, “There is compelling evidence that these two men were targeted by the authorities as scapegoats for the murder, and nobody is fooled by this charade.”

In a joint statement by Human Rights Watch, Amnesty International, the Asian Human Rights Commission, the Asian Forum for Human Rights and Development, the Observatory for the Protection of Human Rights Defenders (a joint program of the International Federation for Human Rights and the World Organization Against Torture), and the International Trade Union Confederation, the organizations asked the Cambodian government to exonerate and free Samnang and Oeum. The seven organizations also called upon the government to begin a full and impartial investigation of the murder and a independent, public inquiry into the prosecution of Samnang and Oeum, which would include allegations of police brutality, intimidation of witnesses, and political interference in the judicial process.

In the aftermath of Vichea’s murder, there has been an ongoing pattern of violence against trade union activists. Hy Vuthy and Ros Sovannarith were murdered in 2007 and 2004 respectively. There have also been reports of physical assaults. Guy Ryder of the Brussels-based International Trade Union Confederation commented, “The murder of Chea Vichea and other trade union leaders has had a chilling effect on labor rights and workers’ freedoms in Cambodia, even more so given the lack of proper, credible investigations to find their killers. It sends a deplorable message to Cambodian workers that trade union membership or activity will put their safety at risk.”

For more information, please see:

AFP – Hundreds Remember Cambodian Labour Leader's Murder – 22 January 2008

Earthtimes – Hundreds Rally in Cambodia for Anniversary of Union Leader's Murder – 22 January 2008

Human Rights Watch – Cambodia: Release Scapegoats for Labor Leader's Murder – 22 January 2008

PM Brown's Visit to China Failed to Emphasize Human Rights

By Juliana Chan
Impunity Watch Reporter, Asia

BEIJING, China - British Prime Minister Gordon Brown's two-day trip to China last week was aimed to encourage sovereign wealth funds to invest in the U.K. Mr. Brown has been criticized, however, for his failure to emphasize the world's concerns about human rights in the country.

The Prime Minister's spokesman said that Mr. Brown would raise the issue in a general sense, but would not be central to the discussions.

In an open letter to the Prime Minister on January 16, Human Rights Watch (HRW) said Mr. Brown should use this visit to Beijing to discuss urgent domestic and international human rights concerns with the Chinese government. Sophie Richardson, Asia advocacy director at HRW said, "With the Beijing Olympics just months away, Brown has a golden opportunity to press the Chinese leadership on human rights issues. But the moment will be wasted if Brown doesn't make specific requests and urge specific Chinese action."

The letter urged Mr. Brown to discuss six issues with Chinese Premiere Wen Jiabao and officials:

• China's failure to fully implement new regulations allowing greater press freedom.
• The re-arrest on December 27,2007 of prominent HIV/AIDS activist Hu Jia.
• China's superficial commitments to upholding the rule of law.
• Limited Chinese support for international efforts to promote civilian protection in Darfur, Sudan.
• Limited Chinese support for international efforts to promote human rights in Burma.
• Absence of transparency in Chinese aid to abusive governments.

Mr. Brown chose not to highlight these concerns, however, and focused on trade relations between the two countries instead.

For more information, please see:

HRW - UK: Brown Should Press Rights in China - 16 January 2008

HRW - Letter to British Prime Minister Gordon Brown Regarding His Upcoming Trip to China - 15 January 2008

Guardian Unlimited - UK's Brown urged to press China on human rights - 17 January 2008

Reuters - Brown seeks to take China relationship to new level - 18 January 2008

Guardian Unlimited - Come on, Mr. Brown, stand up to the Chinese - 20 January 2008

US Recommends More Pressure on Myanmar

By Juliana Chan
Impunity Watch Reporter, Asia

HANOI, Vietnam - During a visit to Vietnam, US Deputy Assistant Secretary of State Scot Marciel said that Myanmar is going "downhill on all fronts." Mr. Marciel is urging regional neighbors to pressure Myanmar's military government for reform in all arenas.

Mr. Marciel said our emphasis should not solely be focused on human rights and democracy. The problem is beyond just that. "The economy is going downhill, the education system is getting ruined. The health care system isn't functioning [...with] more cases of resistant strains of tuberculosis and malaria. You've got refugee flows out of Burma. It's just a whole series of problems."

The regime's crackdown last September on peaceful protests led by Buddhist monks has triggered tighter Western sanctions, mounting international criticism, and pressure on the government that is centered mainly on human rights and democratic reforms. The United Nations says at least 31 people were killed during the suppression and 74 people remain missing.

Urging all regional neighbors to push for change, Mr. Marciel said he had spoken to officials in Tokyo, Phnom Penh, and Hanoi, and plans to speak to officials in Bangkok and Vientiane soon. He added that the international community must keep up the pressure on Myanmar.

Mr. Marciel said that although the junta took a few steps forward early on, no progress has been made since the government allowed a UN mediator to visit after the September crackdown. In his opinion, there is no easy solution. Change in Myanmar is "not really going to happen and can't really happen under this regime." Myanmar must first address the problems and root causes that led to the protests and violence in September.

Furthermore, he suggested further talks with the opposition because "taking Aung San Suu Kyi away from house arrest once every two months for an hour meeting isn't a dialogue."

For more information, please see:

AFP - Myanmar going 'downhill on all fronts,' says US - 21 January 2008

Voice of America - EU: UN Envoy Should Return to Burma to Seek Aung San Suu Kyi's Freedom - 19 January 2008

AP - US Says More Pressure Needed on Myanmar - 21 January 2008

BRIEF: Arrest Made in Lintuan’s Murder

MANILA, Philippines – Philippine authorities arrested Olivier Baldonado Antoc, an army reservist and local politician’s bodyguard, as a suspect in the murder of radio journalist Ferdinand Lintuan. Antoc was arrested for illegal possession of a firearm and drugs. After the arrest, police realized he resembled the sketch of Lintuan’s murderer and his firearm was the same caliber used to kill the journalist. Antoc denies any involvement in the murder, and police acknowledge that more evidence is needed.

In related news, several persons and news media have linked Jovito Palparan, a former general who is now an adviser to local politician Prospero Nograles, a possible instigator of the murder. The Philippines Press Club has requested that an outside investigator be used in order to prevent any influence by Palparan and Nograles.  

For more information, please see:

Reporters without Borders - Philippines: Politician's Bodyguard Held as Suspect in Journalist's Murder – 31 December 2007

BRIEF: Blogger Outrage Prompts Inquiry into Chinese Officials

Photo of Wei Wenhua

BEIJING, China - A wave of protest from outraged Chinese bloggers has forced authorities to arrest four people, detain and remove several government officials, and investigate over 100 others for the beating death of a bystander.

Wei Wenhua, a construction company manager, witnessed about 50 city inspectors beating villagers who tried to block trucks from unloading heaps of garbage near their homes in Tianmen in Hubei Province.

Mr. Wei, 41, was attacked and fatally beaten by the city inspectors when he took out his cellphone to photograph the dispute. In China, city inspectors are auxiliary support for police, dealing mostly with petty crimes. These inspectors, however, often abuse their authority and prey on the weak.

Mr. Wei's death earlier this month continues to stir controversy among bloggers in China and elsewhere. On Sina.com, bloggers responded by condemning the brutal killing and questioning " who gave these city inspectors such absurd powers?"

This is the latest story of bloggers and others using the Internet to force Chinese authorities to investigate beatings and other abuses by government officials.

Another blogger expressed that this is definitely not the first time for something like this. "What makes it news is that this time they got one man dead, the news got online, and the whole nation got informed. So they got serious."

For more information, please see:

The New York Times - Bloggers Push China to Prosecute Beating Death - 18 January 2008

CNN - Man beaten to death in China for taking pictures - 16 January 2008

CNN - Death pits technology against Chinese control - 18 January 2008

BRIEF: Human Rights Organizations Call for Inquiry in India's West Bengal

NANDIGRAM, West Bengal, India- Human rights organizations, including Amnesty International and Human Rights Watch, are calling on the West Bengal government to conduct an inquiry into the violence that has been ocurring in Nandigram over the past year due to land disputes. 

Their reports state that the government has failed to provide adequate protection to the people, thus allowing human rights abuses to occur including unlawful killings, abductions, sexual assault, forced evictions, and the displacement of many.  It is believed that the violence was carried out by supporters of the Communist Party of India-Marxist; because of the alleged government involvement, the reports stress the importance of an independent inquiry.

For more information, please see:

Human Rights Watch - India: Urgent Inquiry Needed into Nandigram Violence - 15 January 2008

Amnesty International - India: Urgent need to address large scale human rights abuses during Nandigram "recapture" - 15 January 2008

Extrajudicial Killings Decrease, Prosecutions Remain Nonexistent in the Philippines

By Kristy Tridhavee
Impunity Watch Reporter, Asia

MANILA, Philippines – According to a report released by the Interior Department, the number of extrajudicial killings of activists and journalists has decreased by eighty-three percent from the previous year. The Philippine National Police recorded seven killings in 2007, compared with forty-one in 2006. The Interior Department stressed that the sharp decrease “underlines the Arroyo government's strong commitment to human rights and its firm resolve to put an end to these unexplained killings.”

The killings have been suspected to the work of the Arroyo administration in order to silence critics and leftists. The Human Right Watch has described the extrajudicial killings as a “dirty war” against leftists and journalists.

Sophie Richardson, Asia advocacy director of Human Rights Watch, said the Filipino authorities “are much more interested in discussing numbers, but we really have not seen one of the most important developments we're waiting for, and that's the prosecution of senior members of the military.”   Richardson added that the lack of prosecution demonstrates that the “culture of impunity” has not changed at all.

The culture of impunity is quite apparent in Bicol, Philippines. In Bicol, there have been 157 cases of extrajudicial killings since 2001, and none have been solved. Sonia Sta. Rosa, widow of murdered activist pastor Isaias Sta. Rosa, said, “I cannot trust government agencies to pursue justice for us. Of course, they will not cook themselves in their own oil. We do not know who to turn to now.” Sta. Rosa’s case was one of two that made it to the court system, but it was junked anew by the Albay Prosecutor’s Office.

Victim’s families have other recourses for their cases with the United Nations Tribunal and Joint Monitoring Committee of the government and the communist-led National Democratic front. However, the other venues have been criticized for giving “orchestrated and planned results.”

The Philippine government has charged persons in twenty-two cases thus far. Most of those accused are former members of the Communist New People’s Army, while only one soldier was charged. The Philippine government has contended the Communists were behind the murders. United Nations Special Rapporteur on Extrajudicial Killings, Philip Alston, had earlier stated the claim is “unconvincing.”

Several human right groups like Karapatan, Promotion of Church People’s Response, and Hustisya-Bikol have sponsored the first series of meetings to be held across the country to unite victim’s families and basic sectors in order to achieve justice.

For more information, please see:

Inquirer – Extrajudicial Killings Victims' Kin Losing Hope – 14 January 2008

International Herald Tribune – Killing Activists and Journalists Drops in Philippines – 14 January 2008

The New York Times – Philippines: Decline in Killings – 15 January 2008

UN Urges Thailand to Release 149 Hmong

By Kristy Tridhavee
Impunity Watch Reporter, Asia

BANGKOK, Thailand – The United Nation’s refugee agency urged Thailand to release 149 ethnic Hmong from Laos. The Hmong have been detained for more than 400 hundred days even though several countries have offered to take them in. They were rounded up in Bangkok in November 2006 for deportation.

The refugees fled persecution in Laos. Many Hmong sided with the pro-U.S. Laotian government in the 1960’s and 1970’s before the communist takeover of Laos in 1975. After the communist takeover in 1975, almost 300,000 Hmong fled to Thailand. Most resettled in third countries, and several thousand were voluntarily repatriated in Laos. UN High Commissioner for Refugees spokeswoman Erika Feller said, “They have been recognized as in need of international protection, and they should be allowed to take up the offer already made to them to leave Thailand and start to live productive lives and have a future in other countries.”

Thailand, however, recognizes the 149 refugees as migrants and contends they violated Thai law by entering the country illegally. Nearly 300 others were deported in 2006. The 149 refugees presently detained were on the brink of being repatriated to Laos on January 1, 2007 until international pressure halted the move.

The refugees underwent a hunger strike last August. They declare that they would rather die than return to Laos.

The refugees include 90 children. Five children have been born while in detention. The UN’s refugee agency is concerned about the conditions the Laotians live in and the education of the children. Spokeswoman Erika Feller said, “We are particularly concerned that 90 children, including five born in detention, are being held in these sub-standard conditions. They should not be locked up and should be getting a proper education.” Thai authorities have only recently allowed the refugees out of their cells for three hours a day.

For more information, please see:

Radio Free Asia – UN Urges Thailand to Free Lao Hmong – 15 January 2008

Reuters – UNHCR Urges Thailand to Release Hmong Refugees – 15 January 2008

UN News Centre – UN Agency Urges Release of Laotians Held in Thailand for More than a Year – 14 January 2008

Khmer Rouge Tribunal Judges Meet with Former Khmer Rouge Cadre

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PAILIN, Cambodia – Khmer Rouge Tribunal judges visited Pol Pot’s former final stronghold in Pailin, Cambodia to quell the fears of former Khmer Rouge fighters. The tribunal was granted the power only to investigate “only those most responsible” for the 1.7 million deaths that occurred during the Khmer Rouge regime. However, many aging former guerrillas worry they will be pulled into the trials and investigated.

The visit was intended to allow the former guerrillas to ask questions openly and get assurance from the judges that they would not be investigated. Judge You Benleng said, “We hope our meeting will help clear up any misunderstanding about our mission in order to convince them to give evidence in future trials.” Judge Marcel Lemonade stressed that the tribunal needed the help of former guerrillas. He said, “The court cannot achieve its goal without participation from the local authorities and public.”  

A local voiced his willingness to aid the tribunal in convicting Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith, and Kaing Guek Eav. Sam Yet, a former black-shirted guerrilla, said he was ready to provide evidence implicating the five. He said, “The leaders of the Khmer Rouge should be held accountable and punished for their role.” Sam Yet’s willingness to provide evidence is rare in the region where Pol Pot is still revered as a national hero.

Many former Khmer Rouge cadres living in the area remain skeptical that the trials against the five prominent leaders are necessary and still fear they would be investigated. Sam Savuoen, a local deputy director of religion, said, "Many people asked why jail them when they are so old and why only focus on the 1975-79 period.” Others officials declined to comment and did not attend the meetings. It is quite common for residents of the area to credit Ieng Sary, one of the five to be put on trial in the next few months, with brokering a deal with the government in 1996 that resulted in leaving the regime in charge of the resource-rich area.

On the final day of the tribunal’s visit to Pailin, the judges planned to meet with villagers and visit a pagoda.

Pailin is one of the last stronghold’s of the former Khmer Rouge regime. It is located on the northwestern Thai border and is about 500 kilometers from the capital. The remote-municipality was the last refuge for the regime after it was ousted in 1979. Soldiers and officials attempted to re-group in the area and mount a battle against the new government. Pailin’s governor, Y CChien, is a former Khmer Rouge commander, and the area’s parliamentary representative, Ieng Vuth, is the child of Ieng Sary and Ieng Thirith.

For more information, please see:

AFP – KRouge Judges Hold Talks in Former Rebel Stronghold – 15 January 2008

Earthtimes – In Cambodia, Khmer Rouge Court Goes to the Khmer Rouge – 15 January 2008

Reuters – U.N.-Tribunal Meets Khmer Rouge Cadres to Calm Fears – 15 January 2008

Japan to Review Aid to Sri Lanka

By Juliana Chan
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka - The Japanese peace envoy to Sri Lanka, Yasushi Akashi, said Tuesday that it may be necessary to review Japan's multi-million dollar aid to Sri Lanka. Mr. Akashi is concerned by the Sri Lankan government's decision to formally end a six-year ceasefire with the Tamil Tigers.

During Mr. Akashi's two-day visit to Sri Lanka, he urged the government "to improve the island's human rights situation and offer a devolution package to the rebels."

Mr. Akashi and the rest of the international community are shocked and worried that the end of the ceasefire will lead to more violence and civilian casualties. The Sri Lankan government will formally annul the ceasefire on Wednesday, which some predict will lead to "all-out war and the breakdown of peace talks."

President Mahinda Rajapaksa's government says that it is intent on defeating the rebels militarily. He accuses the rebels of not being sincere about talking peace, but instead using the peace pact to regroup and rearm.

Japan is Sri Lanka's main foreign donor, giving about $9 billion in grants, loans, and aid since 1985. Japan has not pledged any aid yet for this year, but also has not halted any existing aid. Mr. Akashi said future aid would depend on closely monitoring the situation, which would be subject to continuous review.

For more information, please see:

Reuters - Japan aid under review as Sri Lanka axes truce - 15 January 2008

AFP - Sri Lanka kills rebels, hits back at foreign critics - 14 January 2008

BBC News - Japan 'reviews' aid to Sri Lanka - 15 January 2008

BBC News - Sri Lanka ceasefire formally ends - 15 January 2008

Malawi Severs Ties With Taiwan, Favors China

By Juliana Chan
Impunity Watch Reporter, Asia

TAIPEI, Taiwan - After 41 years, the African nation of Malawi has cut diplomatic ties with Taiwan in favor of establishing ties with Beijing.

Foreign Affairs Minister Joyce Banda told the press on Monday that Malawi has "decided to switch from Taiwan to mainland China after careful consideration on the benefits that we will be getting from mainland China."

Ms. Banda went on to say that "Malawi recognizes that there is but one China in the world, [...] and that Taiwan is an inalienable part of China's territory."

Taiwan's Foreign Ministry said the island would break off ties with Malawi effective immediately. Taiwanese officials accuse the Chinese government of luring the Malawians with $6 billion in aid and other incentives. In a statement, the Foreign Ministry expressed its "regret that the government and leaders of Malawi are unwilling to honour their promises to our government and have succumbed to China's evil forces."

China has also been using its influence to reduce the number of countries who recognize Taiwan. Since Taiwan split from China amid a civil war in 1949, they have engaged in a "contest to win diplomatic allegiance from countries around the world."

Most of Taiwan's allies are small and impoverished nations in Latin America, Africa, and the South Pacific. In Africa, only Burkina Faso, Gambia, Swaziland and Sao Tome and Principe still recognize the island.

For more information, please see:

The New York Times - Malawi Cuts Diplomatic Ties With Taiwan - 15 January 2008

AP - Malawi Drops Ties With Taiwan for China - 14 January 2008

BBC News - Malawi severs links with Taiwan - 14 January 2008

After Nearly Two Months, Myanmar’s Junta meets with Suu Kyi

By Amy Glasrud
Impunity Watch Reporter, Asia

YANGON, Myanmar - Aung San Suu Kyi met with a senior minister of the junta on Friday, after nearly two months of no contact.  According to the Associated Press, an official said “a government-appointed liaison official, Aung Kyi, met with Suu Kyi for about an hour.”  It is unknown what was discussed at this meeting.  An NLD spokesman Nyan Win stated “that the more they meet, the better for the country.”  Reuters reported that “witnesses had seen a car leave Suu Kyi’s Yangon home, where she is under house arrest, and drive to a state guesthouse.” 

The last time Suu Kyi had met with the junta was November 19th, 2007, when Suu Kyi met with regime leader Senior General Than Shwe, and it is speculated that they spoke about the junta’s preconditions for negotiations between the two parties.  Reuters stated that Than Shwe has repeatedly insisted the only path to political reform is via the junta’s own “roadmap to democracy.”  It is uncertain just how much the junta will be willing to negotiate; many critics claim that they are unwilling to work outside their own framework. 

According to the International Herald Tribune, western governments and the United Nations have pressed the military to open a sustained dialogue with Suu Kyi in order to bring about democratic reforms.  Moreover, Yahoo News reported that “in December, US President George W. Bush threatened to spearhead a global campaign to step up sanctions against the country if it continued to ignore calls for a democratic transition.”  However the regime has allowed for a UN rights investigator and a UN special envoy to enter the country, but the junta has yet to make many changes.

According to Nicholas Burns of the Washington Post, the leaders of Myanmar (formally known has Burma) and their “policies are the greatest threat to Burma’s unity, stability, and prosperity.”

For more information, please see:

International Herald Tribune - Myanmar pro-democracy leader Aung San Suu Kyi meets with junta - 12 January 2008

Associated Press - Myanmar's Suu Kyi meets with junta - 11 January 2008

International Herald Tribune - Aung San Suu Kyi meets with junta representative in Myanmar - 11 January 2008

Reuters - Detained Suu Kyi meets Myanmar junta minister - 11 January 2008

Yahoo News - Aung San Suu Kyi meets Myanmar junta official - 11 January 2008

Brief: UN inquiry into Bhutto assassination denied

Pakistan President Musharraf refused to permit a U.N. inquiry into the assassination of Benazir Bhutto.  The inquiry was requested by members of Bhutto's party.  President Musharraf argues that Pakistan's institutions are well equipped to handle the investigation into last month's assassination alone.

President Musharraf also denies allegations that his country is about to disintegrate.  He claims that Pakistan will be able to withstand internal tensions, as well as external pressures exerted by al Qaeda and the United States. 

For more information, please see:

Reuters - Pakistan's Musharraf rejects UN inquiry on Bhutto - 11 January 2008

Al Jazeera - Bhutto's son calls for UN inquiry - 8 January 2008

Tamil Tiger Intelligence Chief Killed

By Juliana Chan
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka - The Tamil Tigers' intelligence chief was among the 34 rebels killed in northern Sri Lanka on Saturday. The Liberation Tigers of Tamil Eelam (LTTE) said they lost the head of an intelligence unit, Shanmuganathan Ravishankar, when a military unit infiltrated rebel territory and planted a roadside bomb.

Sri Lankan officials have denied carrying out attacks inside Tiger territory.

The intelligence chief's death comes just days after President Mahinda Rajapaksa's government announced that it was formally canceling a 2002 truce agreement made with the LTTE. Analysts expect this to lead to intensified fighting between the two sides. There has already been increased exchanges of fire in the region since the truce was canceled.

The Tamils have been fighting since 1972 for an independent homeland in Sri Lanka's north and east.

According to government figures, 74 rebels and three soldiers have been killed in fighting since the beginning of the year, while tens of thousands of people have died since the conflict erupted in 1972.

For more information, please see:

The New York Times (Reuters) - Sri Lanka Says Kills Tiger Intelligence Head - 6 January 2008

Bloomberg - Sri Lankan Army Advances in Jaffna After Rebel Commander Killed - 7 January 2008

BBC - Tamil intelligence chief killed - 6 January 2008

BRIEF: China Restricts Internet Video

Photo at ABC News

BEIJING, China - China has announced that it will ban Internet video Web sites that are not run by the government, further tightening its grip on the Internet.

China already outlaws criticism of the state. Starting January 31, only state-owned or state-controlled companies can apply for a government permit for Internet broadcasting licenses to use video programming or allow users to upload videos.

The new regulations state: "Those who provide Internet video services should insist on serving the people, serve socialism...and abide by the moral code of socialism." Websites will not be allowed "to offer material that promotes sex, violence, gambling, religious cults or reveals state secrets," and providers are required to report questionable content to the government.

These new rules mark a fresh attempt by the Chinese government to limit the internet habits of its increasingly web-savvy population. For decades, officials have been able to ensure that traditional media, including television and newspapers, conform to what they believe Chinese people should know.

China is the world's second-largest Internet market by users. It already blocks sites such as Amnesty International, and limits the scope of the Google Inc. search engine to exclude anti-government sites on its pages in China.

The status of sites such as YouTube, a popular video-sharing site, remains in question. Few analysts, however, expect popular Chinese video-sharing sites to disappear after January 31.

For more information, please see:

ABC News (AP) - China Limits Providers of Internet Video - 3 January 2008

The New York Times - CHINA: Restrictions on Web Video and Audio - 4 January 2008

Forbes - China Clamps Down On Internet Video - 3 January 2008

South Korea Grants Amnesty to Former Daewoo Chairman

By Juliana Chan
Impunity Watch Reporter, Asia

SEOUL, South Korea - Kim Woo-choong, 71, the founder and former chairman of the collapsed conglomerate Daewoo Group, was pardoned Monday under a traditional New Year amnesty. Mr. Kim was one of 75 people to receive a presidential pardon. Others, including businessmen and six death-row inmates, received reduced sentences or had suspended rights restored.

Daewoo, which was once the country's second largest conglomerate, collapsed in the 1997-1998 Asian financial crisis with over $80 billion in debt and leaving the South Korean government to spend over $32 billion to rescue its component companies. Mr. Kim fled the country in 1999 and has been accused of "ordering his executives to inflate the group's assets between 1997 and 1998 to obtain bank loans." He returned in 2005 from Vietnam "to make peace with his past." He was arrested soon after landing.

Mr. Kim was convicted of accounting fraud that involved borrowing illegal loans from banks, as well as smuggling funds overseas. He was sentenced to prison for eight and a half years in 2006 for embezzlement and accounting fraud. One month later, however, the court suspended the sentence because of Mr. Kim's health issues.

The justice ministry said Monday's presidential amnesty pardoned 21 businessmen, two former spy chiefs convicted of illegal wiretapping of political and business leaders, and six death-row inmates who had their sentences commuted to life imprisonment. South Korea has placed a moratorium on executions since the last hangings on December 30, 1997.

For more information, please see:

AFP - SKorea pardons tycoon over huge financial collapse: ministry - 31 December 2007

BBC News - South Korea pardons Daewoo boss - 31 December 2007

Financial Times - Korea pardons Daewoo fraudster - 1 January 2008