Impunity Watch: Asia

Vietnamese Court Upholds Dissidents’ Jail Sentences

Photo of Duon Huy Chuong at Radio Free Asia
By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

HANOI, Vietnam – A Vietnamese appeals court upheld the sentences of four dissidents who were sentenced in 2007 for “spreading distorted information to undermine the state.” Judge Nguyen Xuan Phat of the Supreme Court of Appeals in Ho Chi Minh City refused to reduce the sentences of Tran Thi Le Hong, Phung Quang Quyen, Doan Van Dien, and his son Doan Huy Chuong. According to Ho Thi Thuong, wife of Doan Vien Dien and mother of Doan Huy Chuong, the court refused because in giving interviews with Radio Free Asia, the four committing very serious crimes because they had defamed the government and many people had listened. The four have jail terms ranging from 18 months to 4 ½ years.

The Vietnamese government accused the four of collecting complaints of land-rights violations and giving the information to Radio Free Asia and other news organizations. The four are also accused of distributing anti-government leaflets prior to the Asia-Pacific Economic Cooperation summit. The four are affiliated with the United Workers-Farmers Organization [UWFO]. UWFO campaigns for the right to form independent labor unions and defends farmers whose land has been confiscated

Vietnam news organizations have reported that the four have deliberated tried to sabotage Vietnam with lies. According the Vietnam news organizations, the four men have collected information regarding land-rights in the country and changed their contents before distributing them and uploaded the information on anti-Vietnam websites. Doan Van Dien is also accused of asking his son Doan Huy Chuong to give phone interviews to Radio Free Asia and Hoa Mai Club Radio disguised as a worker taking part in the labor strikes. Vietnam news organizations allege that Doan Huy Chuong distorted facts and falsely accused the state of repressing workers and arresting demonstrators.

For more information, please see:

Earthtimes – Vietnamese Dissidents’ Sentences Upheld – 26 February 2008

Radio Free Asia – Vietnam Upholds Dissident Jail Terms – 27 February 2008

VietNamNet – Court Reject Saboteurs’ Appeal of Sentence Cut – 26 February 2008

China Willing to Resume Human Right Talks

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – China said it would resume a human rights dialogue with the United States after a five-year halt, taking a step to prevent rights advocates from boycotting Beijing's Olympic Games in August.

After a close talk with U.S. Secretary of State Condoleezza Rice, Chinese Foreign Minister Yang Jiechi made the announcement that Chinese government is willing to resume the human rights dialogue.  He said that the Chinese people enjoy the full extent of human rights and religious freedom, and are willing to exchange and interact with the United States and other countries on human rights on a basis of mutual respect, equality and noninterference in internal affairs.

China suspended the regular U.S.-China human rights dialogue in 2004, after the U.S. State Department cited the execution of a Tibetan and the arrests of pro-democracy activists as ‘troubling incidents’ that showed China was ‘backsliding’ on human rights issues in a resolution at the 60th session of the United Nations Commission on Human Rights.  Even without the formal dialogue, U.S. officials have made human rights a routine topic in discussions with Chinese government. 

During the talk, Rice reminds Yang that human rights are ‘near and dear’ to the United States and raised three specific cases of particular interest to the Bush administration.  She also called on China to use its influence to persuade North Korea to speed the dismantling of its nuclear weapons program. 

Recently, many western human rights groups are increasingly accusing China of being unfit to host the Olympics because the rights abuses.  In addition, some human rights activities and American celebrities have mounted a campaign against China as host of the Game because of Darfur.  Yang’s declaration appeared designed as a response to these criticisms. 

For more information, please see:

Bloomberg - China Willing to Resume Human Rights Talks With U.S. – 26 February 2008

New York Times - China Says It Will Resume Human Rights Talks – 27 February 2008

Washington Post - China Set to Resume Human Rights Dialogue - 27 February 2008

BRIEF: Pressure on Musharraf to Convene Parliament

Photograph - Nawaz Sharif at press conference - Bloomberg

ISLAMABAD, Pakistan- As a representative of the new opposition coalition government (see Impunity Watch article here), former Prime Minister Nawaz Sharif publicly urged President Pervez Musharraf to convene a session of the newly elected Parliament. 

The Parliament cannot hold a session until the government's Election Commission officially announces the results of the February 18 election. 

The coalition government maintains that they have won at least two-thirds of the seats, meaning that once they convene they could repeal constitutional amendments imposed by Musharraf or even impeach him.

After a coalition meeting, Sharif addressed a news conference stating: "I would like to say on behalf of all of my colleagues that we inform Mr. Musharraf that we are not prepared to wait for a single day more for the assembly to be convened... It should be amply clear to him that the nation has given a verdict against dictatorship."

For more information, please see:

New York Times - Parties Press Pakistan Leader to Convene Assembly - 28 February 2008

BRIEF: Women in Afghanistan in Danger

KABUL, Afghanistan- Seven years after the Taleban regime ended, women in Afghanistan are still plagued by extremely high rates of violence.  High levels of poverty are causing families to sell their daughters into forced marriage.  Some of these girls are as young as six and they are being forced into a life of slavery and rape, often by multiple members of their new families.

In 2007, the Afghan government passed a law banning marriage to girls under 16 years old.  Despite this, in 57 per cent of marriages the bride is under 16 according to a recent report by Womankind Worldwide.  There are laws in place to protect women, but the Afghan government does not enforce them. 

Because of their violent home situations, many of these women turn to self-harm and suicide.

For more information, please see:

The Independent - Women's lives worse than ever - 25 February 2008

BBC News - Afghan women 'remain in danger' - 25 February 2008

Khmer Rouge Defendant Weeps during Return to Killing Fields

Photo at BBC
By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

PHNOM PENH, Cambodia – During an investigative reenactment, Kaing Guek Eav, also known as Duch, was brought to tears as he lead tribunal judges and co-investigators through the Tuol Sleng Torture Center he once oversaw during the Khmer Rouge regime.

During the 3 ½ hour tour, Kaing Guek Eav explained what took place at the torture center and nearby killing fields. Reach Sambath, a tribunal spokesmen, told reporters, “We noticed that he was feeling pity, tears were rolling down his face two or three times.” Kaing Guek Eav was also especially moved when he stood before a tree that described how executioners killed child victims by bashing their heads against the tree’s trunk.  

At the end of the reenactment, Kaing Guek Eav began to pray and cried in front of a glass-fronted stupa that displayed 8,985 skulls bearing signs of death by hammers, bamboo sticks, and bullets.

The reenactment took place last Tuesday and was closed to the public and media. About 80 tribunal participants took part. The group included judges, prosecutors, lawyers, representatives of victims, and witnesses.  During the tour, Kaing Guek Eav appeared frail and walked through the fields with the assistance of a guard. 

Kaing Guek Eav was commander of the Khmer Rouge’s torture center, Tuol Sleng. Nearly 16,000 men, women, and children were tortured at the Tuol Sleng and then executed at the nearby killing fields. Only 16 persons are believed to have survived their time there.

For more information, please see: 

AP – Khmer Rouge Defendant Visits Grave Site – 26 February 2008

Earthtimes – Former Khmer Rouge Jailer Returns to Cambodian “Killing Fields” – 26 February 2008

The Press Association – Khmer Rouge Accused at Death Sites – 26 February 2008

Two journalists arrested by military junta in Burma

By Ariel Lin
Impunity Watch Reporter, Asia

“Burma’s military regime has once again shown its intolerance toward different political viewpoints by arresting journalists who were doing nothing more than reporting news and opinions,” said Brad Adams, Asia director at Human Rights Watch. 

The Burmese government arrested two journalists Thet Zin and Sein Win Aung of Myanmar Nation magazine.  Both journalists were taken after police and intelligence officers carried out a four-hour search of the publication office, and confiscated many documents which included a copy of Human Rights Report on Burma by Paulo Sergio Pinherio, videos of last September's anti-government protests and hand-written poems.  It was unclear under what specific charges the two journalists were being held.

Thet Zin’s wife Khin Swe Myint said that the journal is “published officially after clearance from the Censorship Board.”  According to Aung Din, Director of the Washington-based U.S. Campaign for Burma, Thet Zin told his wife Khin Swe Myint in a visit that he will be transferred to Rangoon’s notorious Insein prison soon.  Thet Zin did not tell his wife the nature of the charges he is facing, but he told her the prison term could amount to 10 years.

The editor, Thet Zin, has been an anti-government activist and critic.  He was arrested and tortured in 1988 for his participation in pro-democracy student protests during which the government killed as many as 3,000 protestors.  Throughout the 1990s, Thet Zin was occasionally detained and interrogated by officials. 

Four days after the arrest, and interrogating the two reporters, the authorities raided the publication office again, and confiscated more documents.  Later, the censorship board, the Press Scrutiny and Registration Division, instructed the publisher to stop publishing the weekly journal.  According to Human Rights Watch reports, Burma’s government continues to sharply restrict media freedoms by requiring all domestic copy to be approved by the Press Scrutiny and Registration Division of the Ministry of Information.  Journalists are routinely banned from publishing any material that contains criticism of the current government or positive towards the political opposition. 

According to The Associated Press, the country’s ruling junta surprisingly announced last week that a new draft constitution to replace the one scrapped in 1988 is ready for submission to a national referendum. The new charter is supposed to lead to a general election in 2010. It was the first time the military government had set dates to carry out what it calls its road map to democracy.  However, “The arrests of journalists and repression of access to information deny the Burmese people any real opportunity to debate the proposed new constitution,” said Brad Adams, Asia director at Human Rights Watch.

For more information, please see:

Asian Tribune - Burma's Media completely under military dictatorship – 20 February 2008

The Committee to Protect Journalists - BURMA:Two journalists arrested by military junta - 19 February 2008

Human Rights Watch - Burma: Arrest of Journalists Highlights Junta’s Intolerance – 19 February 2008

Ethnic Unrest in Nepal Includes Children Protesters

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

KATHMUNDU, Nepal – The United Nations Children Fund [UNICEF] and the Office of the High Commissioner for Human Rights [OHCHR] in Nepal have expressed deep concern for children taking part in the increasing violent protests.

Currently, there have been ethnic protests in Southern Nepal, which have cut off fuel from the capital. The United Democratic Mahadesi Front [UDMF] have called for a general strike until ethnic Mahadesis from the impoverished Terari region have more of a say in the country’s governance. The UDMF have stopped fuel shipments to the capital by blocking the main road.

UNICEF and OHCHR both have confirmed reports that children are taking part in the violent protests and strikes. In Neplgunj, children from the ages of 7 to 15 were seen carrying sticks and supporting a general strike. In Duhabi, numerous children were seen carrying sticks while guarding a roadblock. Additionally, the agencies report that thousands of children in Terari have stopped attending school since the general strike began.

In light of the fact that protests have gotten increasingly violent, the agencies both urge that adults respect the rights of children and do their part to avoid children from participating. Thus far, two protestors have been killed, and numerous have been injured. Among those that are injured, there are reports that a fourteen year old boy was injured by a bullet.

In a statement from the agencies, they wrote, “People under eighteen must not be forced, coerced or bribed into participating in political activities. Any participation must be voluntary, with consideration given as to whether they fully understand the implications of their participation. Children should not be armed under any circumstances.” The agencies also reminded all concerning parties that Section 23 of the Election Code of Conduct of 2007 states that no children should be brought to participate in any kind of procession, mass meeting or rally, or in any election-related publicity activity.

Negotiations have begun between the government and the UDMF to end the protests and general strike. The Nepalese government stated that it was hopeful that negotiations can bring an end to the ethnic protests and help the parties reach an understanding.

For more information, please see:

AFP – Nepal Government Hopeful to End Ethnic Unrest – 22 February 2008

Chinaview - UN Bodies Express Concern Over Use of Children in Protests in S.Nepal – 22 February 2008

The Hindu News – UN Concerned Over Use of Children in Protests in Nepal – 23 February 2008

Beijing relocates 15,000 people for Olympic Games

By Ariel Lin
Impunity Watch Reporter, Asia

Beijing, China – The city's Olympics organizing committee said 14,901 people from 6,307 households had been relocated for Olympics Game venues.  The figures are dramatically different from those provided last year by an international campaign group.  The Centre on Housing Rights and Evictions (COHRE) said an estimated 1.25 million people had been displaced ahead of the Games, often in a brutal and arbitrary manner with little compensation.  COHRE described the situation as an "abysmal disregard" for the basic human right to housing. 

However, Chinese officials said everyone who was relocated did so voluntarily, and with adequate compensation.  According to Zhang Jiaming, vice-director of the Beijing Municipal Construction Committee, “the relocation projects enjoyed the support of residents involved…All the relocated households signed the relocation agreements and move voluntarily; no one was forced our of their home.”  Zhang also indicated the average compensation per household for relocation was enough to allow some displaced resident to buy better housing and some could even afford a car with left over money. 

The key issue remains for this massive relocation is the lack of transparency.  According to Nicholas Bequelin, who is a researcher for Human Rights Watch, “People did get money and were resettled, but what is important is what happened to the people who protested. Many people were taken to police stations or threatened with job dismissal.”  In addition, Human Rights Watch reports show that much of the compensation money was embezzled by corrupt local officials, many relocations were forced by using heavy-handed police tactics, and there was no opportunity to object when compensation did not match the value of people’s home. 

In recent years, evictions from homes and farmland have caused widespread protests across China.  Residents are often frustrated with government’s inadequate compensation and corruption.  Last year, police were deployed to evict protesters on the construction site of the new state television network headquarters in Beijing.

For more information, please see:

AP – Beijing Olympic official says people evicted got generous compensation – 19 February 2008

BBC News – ‘Thousands’ moved for China Games – 20 February 2008

Reuters – Beijing says 15,000 relocated for Games venues – 19 February 2008

The Washington Post – China Defends Relocation Policy – 20 February 2008

Thailand Relaunches War on Drugs Despite Connection to Extrajudicial Killings

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BANGKOK, Thailand – Thailand’s Prime Minster Samak Sundaravej vowed to relaunch the country’s war on drugs despite its past connections to more than 2,500 extrajudicial killings. Prime Minister Samak Sundaravej stated, “We will pursue a suppression campaign rigorously. There will be consequences [to drug use].” The Prime Minister said the government would not be deterred by allegations that extrajudicial killings were being committed by the police. Interior Minster Chalerm Yubamrung, a former police captain, supported the Prime Minister when he said that he would adopt Thaksin's approach in his anti-drug campaign even if “thousands of people have to die. When we implement a policy that may bring 3,000 to 4,000 bodies, we will do it.”

Soon after Thailand’s announcement, human rights groups warned that the country may be heading down a similar path as the anti-drug campaign launched by ousted Prime Minster Thaksin Shinawatra in 2003. During the original campaign, there were allegations that police were forced to create lists of suspects to be targeted, and police officers included innocent persons on them. Human rights groups also alleged that nearly 2,500 extrajudicial killing occurred during the first “war on drugs.” The Thai government, however, blames most of the deaths on inter-gang warfare.

The Thai government responded to claims of innocent deaths and extrajudicial killings. Prime Minister Samak Sundaravej denied that innocent persons had died. He asked reporters, "If they were innocent, why were they killed?” Prime Minister Samak Sundaravej also denied that numerous persons were killed by police. He said, “I have no doubt that 2,500 people were killed. It could even be 5,000, but what can the government do when they are killing each other? If police killed someone, then we would call that an extra-judicial killing. There are only 59 such cases, and the police are standing trial for those deaths.”

The Thai government recently arrested anti-drug police for their actions during the original war on drugs. In late January, the government arrested Captain Nat Chonnithiwanit and seven other members of the 41st Border Patrol Police unit for criminal conspiracy, armed robbery, forced intrusion, threatening others with weapons, detaining others, and abducting minors under the age of 15. Thus far, 61 complaints have been filed with the Justice Ministry, alleging that the 41^st Border Patrol Police have abducted and tortured them to extract confessions. Victims alleged that they have been electrocuted, suffocated with plastic bags, and severely beaten.

Despite the arrests and the complaints, Human Rights Watch [HRW] questions the Thailand government’s commitment to prosecuting police officers accused of extrajudicial killings. The Royal Police has praised Captain Nat Chonnithiwanit for several years for his service as a role model. Also, Police General Seriphisut Temiyavej, national police commissioner-general, has recently threatened to take legal action against anyone who makes false complaints against police officers. Police General Seriphisut Temiyavej also stated that he does not believe that extrajudicial killings are more than 50 or 60.

Brad Adams, Asia director at HRW, responded to the recent statements by the Police General, “Thailand’s national police commissioner-general should be encouraging victims to come forward, not threatening them with legal action. Seriphisut’s threats against victims of police abuse further fuel this vicious cycle of abuses and impunity.”

For more information, please see,

Bangkok Post – PM Prepares to Revive War on Drugs – 22 February 2008

HRW – Thailand: Prosecute Anti-Drug Police Identified in Abuses – 7 February 2008

Reuters – Thai PM Vows Rigorous War on Drugs Despite Outcry – 22 February 2008

UPDATE: Pakistan Opposition Parties Form Coalition Government

ISLAMABAD, Pakistan- On Thursday, Pakistan's two main opposition parties announced that they had formed a coalition government.  After winning the majority of parliamentary seats in Monday's election (see Impunity Watch brief here), the parties agreed to put aside their differences and agree upon "a common agenda."

It is expected that the coalition opposition government will put further pressure on President Pervez Musharraf.  The parties have already agreed that Musharraf should immediately reinstate the chief justice he fired in November, Iftikhar Muhammad Chaudhry.

Pakistan People's Party leader, Asif Zardari, said that the parties had "a lot of ground to cover" but "in principle [they] have agreed to stay together."

For more information, please see:

BBC News - Pakistan parties agree to coalition - 21 February 2008

BRIEF: Khmer Rouge Judges to Visit Genocide Sites

PHNOM PENH, Cambodia – Co-investigating Khmer Rouge Tribunal judges will inspect the Tuol Sleng Torture Center and the killing fields outside as part of their investigations actions. Kaing Guek Eav, also known as Duch, will lead them through the sites and describe his past actions for the judges. He oversaw the torture center during the Khmer Rouge Regime and is alleged to be responsible for nearly 16,000 deaths.

During the Khmer Rouge regime, over 16,000 persons were sent to the Tuol Sleng Torture Center where they were tortured and then executed in the nearby killing fields. Only a handful is known to survive. The killing fields nearby are littered with numerous mass graves. Thus far, Kaing Guek Eav has not denied allegations against him. The investigations will be closed to the public; however, there is some suspicion that some of the regime’s victims will be present.

For more information, please see:

The Earthtimes – Khmer Rouge Court Judges to Inspect Cambodian Genocide Sites – 22 February 2008

Radio News Netherlands – Cambodia Tribunal to Visit KRouge Torture Centre  - 22 February 2008 

BRIEF: Child Soldiers in Sri Lanka - Human Rights Watch Calls for Sanctions

COLOMBO, Sri Lanka- In the midst of new fighting between the Sri Lankan government and rebel groups, the United Nations Security Council's working group on children is meeting today to review the situation of children in the country.  United States based group Human Rights Watch (HRW) has called on the United Nations to sanction both the rebels and the government for using or condoning the use of child soldiers.

The HRW press release states that the rebel groups, the Liberation Tigers of Tamil Eelam (LTTE) and the Karuna group (a faction that split from the LTTE in 2004), use child soldiers in blatant violation of international law.  According to the release, the Sri Lankan government should also be held responsible because it fails to investigate cases of child recruitment and abduction.  There are also allegations that the government's security forces have assisted in child abductions.

In October 2007, the rebel groups signed an agreement to release all of their child soldiers by the end of 2007, however UNICEF reported that at least 196 children were working under the rebels as of the end of January 2008.

According to Jo Becker, child rights advocate at HRW, "the Security Council should punish [the rebels'] brazen violations with concrete action."

For more information, please see:

Human Rights Watch - UN: Sanction LTTE, Karuna Group for Child Soldiers - 21 February 2008

International Herald Tribune - Rights group lashes rebels, government over child soldiers as fighting rages in Sri Lanka - 21 February 2008

Chinese rights activist who spoke against Olympics Goes on Trial

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China - A former laid-off factory worker, Yang Chunlin was involved with farmers outside Jiamusi demanding redress for farmland taken from them by officials for development. He collected more than 10,000 signatures for his petition against illegal land seizures by officials and writing essays denouncing official wrongdoings.  To rally support, he posted the petition on the Internet with the title: "We want human rights, not the Olympics."

Yang was arrested in July 2007 for charges of “inciting subversion against state power.” In recent months, Human Rights Watch has documented the use of similar charges against six other dissidents and activists, indicating a trend of suppressing speech in advance of the August 2008 Beijing Olympic Games.

According to Yang’s family, in eight months in detention, Yang has been given little contact with his lawyer and family.  He was tortured by being shackled to an iron bed for a long period of time while in detention awaiting trial.  Police were accused of intimidating his relatives and threatening his lawyers prior to the trial.  However, Human Rights Watch said it was unable to verify the claim but also said the use of the so-called shackle boards or "disciplinary beds" was well documented in Chinese prisons.

The case was originally scheduled to take place behind closed doors.  But the Intermediate Court decided to open the trial to the public mainly due to Chinese government’s fear of bad publicity related to the Olympics.  Human Rights Watch repeatedly reported, grave and uncorrected procedural violations throughout Yang’s case that amounted to a denial of due process.  Those included serious allegation of torture and the court’s refusal of investigation, denial of access to his defense lawyer, police intimidation against relatives, and threats made against the defense lawyers.   

The trial of Yang on February 19 lasted less than a day.  About 30 to 40 people attended the trial, including members of Yang’s family.  Yang appeared at the court hearing with his hands and feet shackled.  After his lawyers protested, Yang was unshackled but then made to sit with his legs tied to a metal chair.  Yang and his lawyer pleaded not guilty.  A verdict is expected in the coming weeks. 

For more information, please see:

Human Rights Watch - China: Olympic Activist Deprived of Due Process - 19 February 2008

The International Herald Tribune - Chinese land rights activist who opposed Olympics goes on trial - 19 February 2008

AFP - Activist who spoke out against Olympics stands trial - 19 February 2008

Associated Press - China Land Rights Activist Goes on Trial - 19 February 2008

BRIEF: Pakistan's Election

Picture - Pakistan People's Party celebrations - AFP/BBC

ISLAMABAD, Pakistan- Pakistan held parliamentary elections on Monday in what was called a free and fair process by the media and the international community.  The Pakistan People's Party (formerly led by Benazir Bhutto) won the most parliamentary seats with 86, and Nawaz Sharif's party came in as a strong second with 65. 

President Pervez Musharraf's party won the least amount of seats with 37.  This loss shows that voters no longer believe in the party's policies and raises doubts over whether or not Musharraf will be able to maintain power for much longer.

Although some critics have doubts over whether they will be able to reach an agreement, the opposition parties have stated that they will form a coalition government.  As it won the most seats, the Pakistan People's Party will choose the new prime minister.  Benazir Bhutto's widower, Asif Ali Zardari, who is now leading the party, has said he will not accept the position and instead his party will pick another MP.

President Musharraf has accepted his party's defeat and has called for reconciliation amongst the parties.  He has rejected any suggestion that he should step down as President.  As this was a parliamentary election it does not effect the President's position; however if the parliament reached a two-thirds majority decision, it could remove Musharraf from office in the future.

For more information, please see:

BBC News - Bhutto widower 'rejects PM role' - 20 February 2008

Reuters - Musharraf urged to go as rivals win Pakistan poll - 19 February 2008

BRIEF: Khieu Samphan Halts Cooperation

PHNOM PENH, Cambodia – Jacques Verges, the lawyer for Khieu Samphan, has said that his client will no longer cooperate with the Khmer Rouge Tribunal because thousands of pages of evidence had yet to be translated to French. Jacques Verges stated that without the translation, he is unable to effectively defend his client. The court documents are in English only thus far. 

Tribunal co-investigating judge Marcel Lemonde told AFP that other suspects have invoked their right to “remain silent at every stage of the proceedings.” However, Marcel Lemonde said that it would not delay the court’s investigation into the crimes. In an email, he said, “We have to organize the investigation differently, that’s it.”

Jacques Verges has been nicknamed “devil’s advocate” because of his past work defending the world’s most notorious criminals. During his legal career, he has defended Nazi war criminal Klaus Barbie and Ilich Ramirez Sanchez, also known as Carlos the Jackal.

For more information, please see:

AFP – Khmer Rouge Leader Halts Cambodian Genocide Court Cooperation: Report – 20 February 2008

Culture of Impunity in Nepal Criticized as Elections Begin

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

KATHMUNDU, Nepal – UN Commissioner for Human Rights Loise Arbour criticized the culture of impunity in Nepal after the country failed to prosecute killers of a 15-year Nepalese national, Maina Sunuwar. In 2004, Maina Sunuwar was killed after being tortured and raped under army custody.

Government officials said that the army took disciplinary action against the responsible officers through a court marital and brief imprisonment. However, human rights officers have criticized the punishment as insufficient and demanded a civilian trial.

Arbour commented, “[The Maina case] presents a significant opportunity for the government of Nepal to send a signal that the culture of impunity is ending. The successful prosecution of those responsible for her murder will strengthen the rule of law and uphold victims' rights to a remedy.”

The culture of impunity in Nepal can detrimentally affect the stability of the country. The country has undergone a decade long conflict between the government and Maoists in the region. Arbour added, “Lack of accountability in this and numerous other cases is helping to perpetuate a culture of impunity in Nepal. And there is a danger this could become a barrier to achieving lasting peace.”

The government and Maoists rebels have set April 20^th for the national assembly. The assembly is expected to prepare a new constitution and formally end the 240 year old monarchy. The April vote is central to the peace agreement with Maoists because it would admit the former rebels as part of the political mainstream.

However, three ethnic groups from the southern plains of Nepal have threatened to boycott the April vote unless the region is given autonomy. Nearly 26 million Madheshis, almost half of the nation, live in the region. The Madheshis want to become a largely autonomous state and want more power in the central government.

For more information, please see:

Reuters India –Ethnic Groups Threaten to Boycott Nepal Polls – 18 February 2008

The Times of India - End Culture of Impunity in Nepal: UN – 17 February 2008

United Press International – Nepalese Impunity Could Affect Security – 18 February 2008

BRIEF: Former Khmer Rouge Commander Sam Bith Dies

PHNOM PENH, Cambodia – Sam Bith, former Khmer Rouge guerilla, died on Saturday at the age of 74 while serving a life sentence for abducting and murdering three Western backpackers 14 years ago. According to his wife, Sam Bith was suffering from high blood pressure and diabetes.

Sam Bith was a Khmer Rouge commander in southwestern Cambodia when a train carrying the backpackers was ambushed. Nearly a dozen Cambodians died during the incident. The three backpackers, Australian David Wilson, Briton Mark Slater, and Frenchmen Jean-Michael Braquet, were then abducted and held for three months.

The Khmer Rouge Tribunal did not charge Sam Bith because the court’s jurisdiction was limited to crimes between 1974-1979 when Cambodia was controlled by the regime.

For more information, please see:

International Herald Tribune – Former Khmer Rouge Commander Dies While Serving Life Sentence for Foreigners’ Murders – 16 February 2008

The Jurist – Former Khmer Rouge Commander Dies While Serving Cambodia Life Sentence – 16 February 2008

BRIEF: Executed Chinese Prisoners Used in “The Body Exhibit”

BEIJING, China –Dr. Gunther von Hagens, who invented the process to preserve human bodies with a liquid plastic, has revealed that he no longer accepts bodies from China because he suspected they had been executed prisoners. After examining the bodies, he detected suspicious injuries and instead cremated the bodies. According to Dr. Gunther von Hagens, there is a black market providing bodies to Chinese companies that later export them oversees. A spokesman for the Chinese Foreign Ministry said it was investigating the allegations.

For more information, please see:

ABC News – Exclusive: Secret Trade in Chinese Bodies – 14 February 2008

Journalist Tortured for 22 hours in Bangladesh

Photo at HRW
By Kristy Tridhavee
Impunity Watch Reporter, Asia 

DHAKA, Bangladesh – Tasneem Khalil, a journalist with Human Rights Watch (HRW), CNN, and The Daily Star, has accused the Bangladesh military of torturing him in retaliation for his media activity. In May 2007, the Directorate General Forces of Intelligence arrested Tasneem Khalil in his home and transferred him to a torture cell.

Tasneem Khalil recently shared his experience in the Bangladesh torture cell. In his report to HRW, Tasneem Khalil wrote, “...all of them started hitting the table with hands and sticks and started shouting at me. ‘How dare you write against our brothers in RAB? You are a burden on society. You are an immoral, unethical insect, an anti-state criminal.’ Someone came around the table and started punching me on my head again.”

After hours of beatings, Tasneem Khalil agreed to write a confession. When his blindfold was taken off, he saw for the first time the room he was being held in. He reported: “The room I was in was a torture cell. It was a small room with no windows, one doorway with a wooden door, and a second grill, like in a prison. The room was soundproofed with a wooden wall covered with small holes, like in an old recording studio. There were two CCTV cameras in the corners attached to the ceiling. There was a fan. I was sitting in front of a table and three batons were on the table, along with some stationery. One was a wooden baton, about a meter long. The other two were covered with black plastic. Poking out of the end of these two were metal wires which appeared to fill the plastic covers. ... Then I glanced behind me and I saw what looked like a metal bed frame. It was the same size as a normal single bed, but it was placed on a platform with steps up to it. The bed had straps fitted at the top and bottom, presumably for tying people on to it. There was a wheel to change the angle of the bed to lift it up or down. There were spikes at the top of the bed. Right beside that there were ropes fitted to the ceilings with rubber loops for wrists to go through.”

Tasneem Khalil was released after 22 hours in captivity. International and national authorities pressed the Bangladesh interim government to free him. Tasneem Khalil then went into hiding for a month before international authorities again pressed Bangladesh leaders to allow him to leave for asylum in Sweden.

Bangladesh is currently under an interim government authorized by a reform agenda. Since January 2007, the interim government has campaigned to eliminate corruption and abuse of political power. However, in the name of reform, the government has used torture and executions to extract information and punish critics of the army’s role as de facto rulers.

HRW urged the country to make human rights a priority. Brad Adams, Asia Director of HRW, said, “While few would dispute that corruption, organized crime, politicization of the bureaucracy and political violence had to be addressed in Bangladesh, the interim government must realize that reform cannot be built on midnight knocks on the door and torture. A peaceful democratic society requires respect for basic rights.” 

HRW also has questioned the motivation and purposes of the Bangladesh interim government. Brad Adams furthered stated, “The security forces have been arbitrarily detaining and torturing people, but there have been no serious attempts at holding those responsible for these criminal acts to account. Why hasn’t the government made the protection of Bangladeshis from this scourge a priority? Are they reformers, or do they just say they are reformers?”

For more information, please see:

HRW – The Torture of Tasneem Khalil: How the Bangladesh Government Abuses its Powers under a State of Emergency

HRW - Bangladesh: Tortured Journalist Describes Surviving Military Beatings – 14 February 2008

News Report India – Military Torture of Bangladesh Journalist Alleged – 14 February 2008

Reuters India– Bangladeshi Tells of 22 Hours of Torture – 14 February 2008

BRIEF: Citing Darfur, Spielberg Drops Out of Beijing Olympics

BEIJING, China - In a statement released on Tuesday, film director Steven Spielberg announced his withdrawal as artistic adviser for the 2008 Beijing Olympics.

Mr. Spielberg accused China of not doing enough to resolve the crisis in Darfur, saying "I have made repeated efforts to encourage the Chinese government to use its unique influence to bring safety and stability to the Darfur region of Sudan. Although some progress has been made [the situation] continues to worsen and the violence continues to accelerate."

At least 200,000 people have been killed and two million forced from their homes in the five-year conflict.

Actress Mia Farrow, who has campaigned against what she calls the "Genocide Olympics," praised Mr. Spielberg's decision, hoping it would influence others to drop out of the Olympic Games.

In response, the Chinese Embassy in Washington called Mr. Spielberg and Ms. Farrow's actions unfair for linking the Games to Darfur. They said the event should not be politicized.

Although human rights groups have applauded Mr. Spielberg's decision, some are unhappy with the focus on Darfur alone. Richard Just of The New Republic said Mr. Spielberg made it seem "as if Darfur were the only reason one might think twice about serving as a propagandist for the Beijing Olympics."

For more information, please see:

Reuters - Olympics - EU rights champion backs Spielberg over Games - 13 February 2008

The New York Times - Mia Farrow Gains Ground in Campaign Against Beijing Games - 13 February 2008

BBC News - Spielberg in Darfur snub to China - 13 February 2008

BRIEF: Malaysian Parliament Dissolved to Call Early Elections

PUTRAJAYA, Malaysia – Prime Minister Abdullah Ahmad Badawi dissolved the country’s Parliament to instigate early elections.  According to Malaysian law, elections must be held within 60 days of parliament being dissolved.  However, it is typical that the election commission calls for an election long before the 60 day deadline.

The move for early elections has sparked criticism from Anwar Ibrahim.  Anwar Ibraham, former deputy primer and member of the Democratic Action Party, notes that the timing of the early election precludes him from taking part.  He is unable to stand for office until March under an ban imposed when he was jailed in 1998. 

Experts foresee that the elections will be quite controversial because of the recent ethnic tensions between Indians and the Malay majority, rising food prices, and allegations of corruption in judiciary. 

For more information, please see:

International Herald Tribune – Malaysia to Hold Early General Elections Amid Anger over Prices, Ethnic Tensions – 13 February 2008

BRIEF: South Korea Holds First Jury Trial

DAEGU, South Korea - As part of an effort to reform its legal system, a nine-member jury trial was held on Tuesday for the first time in South Korea's legal history.

The new juries will only be used in certain criminal cases. Its findings are non-binding, however, and judges will retain the final say in verdicts and sentences.

South Korea's judicial system is considered by many to be outdated, a remnant of its former authoritarian rule. The system is undergoing gradual changes since the National Assembly agreed last May to introduce changes including giving testimony and evidence greater weight.

Following the trial, the court president said the innovation was "a significant step to not only improve human rights, but also to win the public's trust."

For more information, please see:

The Korea Times - Nation's First Trial by Jury Held at Daegu District Court - 12 February 2008

BBC - S Korea holds first trial by jury 12 February 2008

Economic Times - South Korea launches jury system - 12 February 2008

US Denounces Proposed Myanmar Referendum

By Juliana Chan
Impunity Watch Reporter, Asia

YANGON, Myanmar - Myanmar's military government announced on Saturday they would hold a referendum on a new constitution in May and general elections in 2010.

The United States and pro-democracy activists in Myanmar have denounced the regime's plans for "its lack of seriousness about an open and fair process for the restoration of democracy."

Dana Perino, White House spokeswoman, said the problem was not the setting of the date for elections, but  with the regime's non-transparent and exclusive processes. "The drafting process for the constitution does not incorporate the views of opposition parties or all ethnic groups, nor does this timeframe allow for adequate debate on the pros and cons of the proposed constitution."

Sean McCormack, State Department spokesman, said the proposed constitution was a "sham referendum [drafted] in a closed process by a hand-picked committee dominated by senior regime officials." The proposal includes non-democratic features, including a ban on pro-democracy leader Aung San Suu Kyi from running for office because she married a foreigner. "No referendum held under these conditions [...] can be free, fair, or credible," Mr. McCormack added.

Saturday's announcement is widely seen as an attempt to deflect international pressure after last September's suppression of pro-democracy protesters that killed at least 31 people. The junta has also failed to meet pledges it made to begin talks on political changes.

If elections are held, however, it would be the first since 1990, when Ms. Suu Kyi's National League for Democracy won a landslide victory that the junta ignored.

For more information, please see:

AFP - Activists reject Myanmar charter, fear violence during vote 11 February 2008

Bloomberg - Myanmar Elections Plan 'Not Satisfactory' to U.S. - 11 February 2008

Reuters - U.S. assails Myanmar election pledge; U.N. cautious - 12 February 2008

AP - Myanmar Activists Denounce Planned Polls - 11 February 2008

BRIEF: New Report on Silenced Dissent in Sri Lanka

COLOMBO, Sri Lanka- A new report released by Amnesty International (AI) has found that threats to media freedom are very serious in Sri Lanka, and have been since the civil war resumed in 2006.  AI is concerned that the Sri Lanka government is not meeting its obligations under the International Covenant on Civil and Political Rights.

Many reporters have been illegally detained under recently enacted Emergency Regulations.  Not only are reporters' rights threatened, but so are their lives.  In just the past two years, at least 10 journalists, mostly Tamil, have been killed and others have been abducted and tortured.  According to AI, the people responsible have not been punished by the government.

For more information, please see:

Amnesty International - Sri Lanka: Silencing Dissent - 7 February 2008

Impunity Watch - Sri Lanka: Poor Human Rights Record Noted on Day of Independence - 3 February 2008

Victims Take Part in Nuon Chea’s Hearing

Photo at Reuters

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Nuon Chea made his first public appearance at the Khmer Rouge Tribunal in a hearing regarding his bail. Nuon Chea’s attorneys requested the tribunal release him on bail pending trial because authorities interrogated him without his attorneys. During the bail hearing, victims from the Khmer Rouge regime also spoke.

A victim who survived the Khmer Rouge regime’s atrocities participated in the hearings to argue against releasing Nuon Chea on bail. Theary Seng, a Cambodian-American who is now a lawyer, told the tribunal of her experiences under the regime as a child. She said, “My brother, who was younger than me, and I were put in prison under Mr. Nuon Chea's regime. We were not informed of our rights. There was no due process and we were arrested arbitrarily. They treated us inhumanely -- for us, the graveyard was our playground. Here Mr. Nuon Chea is afforded all the protection of the best legal principles and ideals (in) both domestic and international law.”

Theary Seng’s testimony marks an important event in international law. Helen Jarvis, a tribunal spokeswoman, referred to the appearance of regime survivors “historic.” She continued, “To actually stand across the room from someone who a victim feels is responsible for their suffering is very important and at the leading edge of international justice.”

Victims have also submitted complaints regarding the regime’s crimes to the tribunal. Since October 2007, the tribunal has received about 500 complaints. Presently, the complaints are being scanned, processed, and analyzed. They also will be sent Co-Investigating Judges for use in their investigations. Co-Prosecutors will determine if the complaints will warrant new investigations. Robert Petit, one of the tribunal prosecutors, said, “Information received from victims is crucial to our success. The Court is lucky that so many people have come forward and submitted complaints, because it gives us a lot of information to work with.”

During the first public hearing Nuon Chea did not react to Theary Seng’s accounts and instead spoke about Cambodia’s present growth and presence in the world community. He said, “My fellow Cambodians, today Cambodia is enjoying peace, solidarity and national reconciliation and its development is improving gradually. But difficulties remain due to the influence of foreign countries that are hindering Cambodia's growth.” Nuon Chea also praised Prime Minster Hun Sea, an ex-Khmer Rouge fighter who defected to Vietnam in the late 1970’s. He later returned to Cambodia with the Vietnamese invasion in 1979.

The Khmer Rouge Tribunal is expected to rule on Nuon Chea’s bail request in the next few days. However, it is highly unlikely he will be released because of dangers to his life from surviving victims and the risk he may flee.  

For more information, please see:

AFP – Khmer Rouge Victim Confronts Regime Leader in Court – 8 February 2008

Reuters – Pol Pot Number Two Blames Outsiders for Ills – 8 February 2008

UN News Centre – UN-backed Tribunal Processing over 500 Khmer Rouge Victims’ Complaints – 7 February 2008

Nepal Issues Exit Permits for Bhutan Refugees

By Kristy Tridhavee
Impunity Watch Reporter, Asia

DAMAK, Nepal – Nepal has issued the first set of exit permits to Bhutan refugees who have voluntarily chosen resettlement. About 107,000 refugees have been living in Nepal for the last 17 years in refugee camps. The refugees fled Bhutan in 1990’s because of persecution from the royal family.

The first set of exit permits allows refugees to resettle in third countries. The United States has agreed to accept up to 60,000 refugees. Canada has indicated it will accept up to 5,000 refugees. Australia, Denmark, the Netherlands, New Zealand, and Norway have also shown interest in taking refugees.

Voluntary resettlement is a decisive issue among the refugees. Although some have agreed to be moved to third countries, others vow to regain their citizenship in Bhutan. There have been reports of clashes between the two groups. Some refugees have faced intimidations since the plans of resettlement were announced last November. Soon after, US Assistant Secretary of State Population, Refugees and Migration, Ellen Sauerbrey requested more security from Nepalese officials. The United Nations High Commissioner for Refugees (UNHCR) also said, “While resettlement offers a welcome solution for those who voluntarily choose this option after 17 years in the camps, the UN refugee agency will continue to advocate for the option of voluntary return to Bhutan for those refugees who wish to do so.”

However, the UNHCR has welcomed the issuance of exit permits. A UNHCR statement read, “It was an important step towards finding a solution to the 17-year-old refugees’ problem. Thousands of Bhutanese refugees have applied for third country resettlement and the UNHCR has submitted the details of 10,000 refugees for resettlement to different countries.”

Presently, the refugees are in the midst of the resettlement process. Some are undergoing interviews and extensive medical exams while others are taking part in culture orientation programs.

According to estimates, the first refugees will arrive in the United States in March. A larger group will then exit Nepal in July. 

For more information, please see:

The Himalayan Times – First Batch of Bhutanese Refugees to Leave for the United States by March – 4 February 2008

The Hindu - Nepal Issues Exit Permits to Bhutanese Refugees – 4 February 2008

Nepal News – Nepal Issues Exit Permits to Bhutanese Refugees for Third Country Resettlement – 4 February 2008

BRIEF: Nuon Chea’s Hearing Postponed

PHNOM PENH, Cambodia – The Khmer Rouge Tribunal postponed Nuon Chea’s first public hearing because one of the defense attorneys, Victor Koppe, was not admitted to Cambodia’s Bar Association. Admission is a requirement for foreign lawyers wishing to represent tribunal defendants. Nuon Chea stated to tribunal judges, “I believe that if these proceedings go ahead, it is not fair to me.” The postponement has raised concerns that the tribunal will be furthered delayed beyond the ten year discussion between Cambodia and the UN and its late start this year.

For more information, please see:

AFP – KRouge Leader’s Detention Hearing Postponed – 4 February 2008

China Frees Hong Kong Reporter

By Juliana Chan
Impunity Watch Reporter, Asia

BEIJING, China - After spending nearly three years in jail in China on charges of spying for Taiwan, Hong Kong reporter Ching Cheong was released on parole Tuesday from a prison in Guangdong Province.

Mr. Ching, 58, a correspondent for Singapore's The Straits Times newspaper, was arrested in April 2005 during a visit to the city of Guangzhou. He was held in custody for 16 months before a one-day, closed-door trial in August 2006, in which he was convicted for selling state secrets to a Taiwan foundation that was a front for an espionage agency. Mr. Ching was sentenced to five years in prison.

China's official Xinhua reported at the time that Mr. Ching's sentence was mitigated because he confessed to more espionage activities than those the state had known about. Mr. Ching's wife, Mary Lau, said her husband traveled to China to obtain recordings of secret interviews with the late Communist Party chief, Zhao Ziyang.

Mr. Ching's conviction was widely criticized as yet another attempt by China to use legal sanctions to censor free speech and control information. Fellow Hong Kong journalists, press freedom groups, and other human rights organizations condemned his detainment.

Since his release, Mr. Ching thanked the Chinese government, and expressed how "very happy that I was able to return to Hong Kong and reunite with my family before the Chinese New Year."

Hong Kong's chief executive, Donald Tsang, welcomed Mr. Ching's release, but human rights campaigners in Hong Kong said other journalists or academics are still at risk of arrest and imprisonment. Mr. Ching's early release did not offset what they say to be a flawed conviction.

Law Yuk-kai, director of the Hong Kong Human Rights Monitor said, "It fell far short of the standards of criminal proof required under international human rights treaties and there was no presumption of innocence."

For more information, please see:

AFP - Hong Kong reporter freed early from China jail - 05 February 2008

The New York Times - China Frees Hong Kong Journalist - 06 February 2008

AP - China Releases Jailed Hong Kong Reporter - 05 February 2008

BBC News - China frees Hong Kong journalist - 05 February 2008

Sri Lanka: Poor Human Rights Record Noted on Day of Independence

Photo- AFP

By Elizabeth Breslin
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka- As Sri Lanka prepares to celebrate its 60th anniversary of independence, its human rights record is in the spotlight.  Attention is also focused on the country due to a bombing of a bus on Saturday and then the bombing of a train station on Sunday by the Liberation Tigers of Tamil Eelam (also known as the Tamil Tigers or LTTE), killing a total of 29 people and wounding over 100.

In its recently-released World Report, Human Rights Watch (HRW) found that in the conflict between the Tamil Tigers and the Sri Lanka government, little consideration is shown for civilians.  HRW reported that the two sides "violate international humanitarian law... by indiscriminately firing on civilian areas and unnecessarily preventing the delivery humanitarian aid." 

In 2007, Sri Lanka enacted further Emergency Regulations giving the government broad powers to arrest and detain citizens without charge.  The government has used this power to arbitrarily arrest ethnic Tamils, journalists, and political activists. 

Furthermore, HRW reported that "[g]overnment security forces are implicated in extrajudicial killings, enforced disappearances, forcibly returning internally displaced persons... to unsafe areas, restricting media freedoms, apparent complicity with the abusive Karuna group, and widespread impunity for serious human rights violations."

HRW found that the world community was concerned over the situation in Sri Lanka during 2007, but that action was "slow and lacked cohesion."

Many countries have recently suspended aid due to concerns over Sri Lanka's human rights record.  The US government has suspended over 110 million USD, the UK has suspended over 3 million USD, and Sri Lanka's top donor, Japan, threatened to cut off aid as well if the violence continues.

Ethnic turmoil has affected the country for more than 30 years, and the separatist struggle has taken over 60,000 lives.  The civil war has emerged as Asia's longest ethnic conflict.

For more information, please see:

BBC News - S Lanka anniversary amid tensions - 4 February 2008

AFP - Sri Lanka marks freedom day amid bombs and bloodshed - 3 February 2008

Nidahasa - Global Concern Over Worsening Human Rights Record of Sri Lanka - 1 February 2008

AFP - International action slow to stem Sri Lanka bloodshed: HRW - 1 February 2008

Human Rights Watch - World Report 2008: Sri Lanka Events of 2007 - 31 January 2008

Unrest Continues in Bangladesh

By Kristy Tridhavee
Impunity Watch Reporter, Asia 

DHAKA, Bangladesh – On January 31st, Human Rights Watch (HRW) publicly criticized the Bangladesh government’s treatment of civil rights.  HRW alleged that government has curtailed basic rights during its emergency rule. Brad Adams, Asia Director at HRW, stated, “The interim government is abusing its emergency powers to target individuals who are trying to protect workers’ rights in Bangladesh’s most important export industry. This should set off alarm bells among donors and governments who don’t seem to understand or care how the authorities are using the state of emergency to systematically suppress basic rights.”

The unrest between labor rights activists and government officials has escalated in the last few weeks. On January 22nd, authorities arrested a staff member of the American Center for Labor Solidarity, and two days later authorities questioned a Danish national who works for the Workers Rights Consortium. Criminal charges have also been filed against at least a dozen union members. Other activists also complain that they are under constant surveillance, and authorities are monitoring them for “engineering or inciting subversive activities within the garment industry.” Most recently, Mehedi Hasan, a field worker for the Workers Rights Consortium, was arrested and is still in police custody for his help in organizing union activities. 

Bangladesh law enforcement has confirmed that Mehedi Hasan and other labor leaders were involved in provoking the unrest and protests in the garment industry. Court sources have reported that Mehedi Hasan confessed to interrogators that he collected information about workers’ problems and emailed the information to WRC headquarters in Washington DC. He also confessed to encouraging garment workers to press for their demands and holding meetings with garment workers.

Relations between journalists and Bangladesh authorities are poor. Journalists allege that the army, intelligence agencies, and paramilitary groups have threatened and intimidated them, warning them against defaming the government and army. Elaine Pearson, Deputy Asia Director at HRW, said, “The harassment and intimidation of numerous journalists and activists has instilled enough fear that the media is now censoring itself, especially when it comes to the military.”

Bangladesh is currently under emergency rule and has been so since January 2007. President Iajuddin Ahmed declared emergency rule because of weeks of violent street protests following electoral reforms. The government has promised new elections before the end of 2008.

For more information, please see: 

The Daily Star – Provocation of Foreign Body, Labour Leaders Found in Probe – 31 January 2008

Human Rights Watch – Bangladesh: Labor Activists in Export Sector Harassed – 31 January 2008

Impunity Watch – Bangladesh Arrests Labor Rights Activist – 30 January 2008

International Herald Tribune – Bangladesh Rebuts Critical Human Rights Report – 1 February 2008