Impunity Watch: Asia

UNHRC Fails to Appoint Special Rapporteur for Turkmenistan

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

ASHGABAT, Turkmenistan – The United Nations Human Rights Council (UNHRC) voted against appointing a special rapporteur for Turkmenistan, disappointing several human rights organizations.

Former Turkmen President Saparmurat Niyazov was known for his reclusive, authoritarian policies and dismal human rights record. According to many experts, the situation in has changed little under the new administration.

The reason for the voting against a special rapporteur was unclear since the vote was taken behind closed doors. The UNHRC declined to explain the vote, citing the vote’s confidential nature. However, Turkmenistan will undergo review again in December along with all other member countries.

Sebastien Gillioz of Human Rights Watch commented, “All UN members will be reviewed, and in December it's time for Turkmenistan, among others, to be reviewed. It's a public process, it's a political process, and a set of recommendations will be adopted after that review. In addition, the special rapporteur on freedom of religion, who visited the country a few weeks ago, will deliver her report in March. So there is a lot of pressure now on Turkmenistan, and that's a positive outcome for us.”

Leonid Komarovsky, a former Russian journalist and U.S. Citizen, spent five months in a Turkmenistan prison after being accused of plotting to assassinate Niyazov in 2002. He alleges he was drugged and beaten while in prison. He was released from custody after pressure from Washington.

Komarovsky commented on the recent vote, “Unfortunately, nothing has changed for my friends in Turkmenistan. Their situation remains awful. The election of a new president has not brought any changes. The current regime is as abominable as the previous one and continues to brutalize the Turkmen people. Such a regime has no right to exist.”

For more information, please see:

Human Rights Tribune – No Special Rapporteur for Turkmenistan23 September 2008

Human Rights Tribune – A Special Rapporteur for Turkmenistan – 18 September 2008

Radio Free – UN Human Rights Council Fails to Appoint Turkmen Envoy - 30 September 2008

One Year After Violent Crackdown in Myanmar

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar - Myanmar's military junta claims its recent release of several political detainees and about 9,000 other prisoners marks the dawn of a new political era and another milestone in its roadmap to "disciplined democracy”. At least four other prominent former members of the NLD were also released. The mass release of prisoners has come as a surprise to diplomats and residents in Yangon.

Win Min, the country's longest serving political prisoner and a veteran journalist and political activist, among those freed last week, says that the release probably signals the start of Junta's preparations for the national elections in 2010.  The mass release of prisoners has come as a surprise to diplomats and residents in Yangon.  Suu Kyi, however, remains under house arrest in the Yangon residence where she has spent more than 13 of the last 19 years, with no sign she will be freed any time soon.

However, according to Human Rights Watch, repression in Burma has increased since the ruling military government crushed pro-democracy protests a year ago.  A report released by Human Rights Watch last week, says some 2,100 political prisoners are in Myanmar's jails while "pseudo-political reforms" go on.  It also accuses the international community of failing to demand real reform and accountability from Myanmar's military junta. 

The crackdown that began on September 26, 2007, was a brutal response to growing protests in Myanmar.  Buddhist monks in Rangoon, Mandalay, and other towns across Myanmar staged peaceful marches to protest government policies and poor living standards.  “Last September, the Burmese people courageously challenged their military rulers, and they were answered with violence and contempt,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The repression continues. While a handful of political activists have been released, more are being arrested and thousands remain in prison.” 

The group acknowledges that seven political activists were among thousands of prisoners recently released by Burmese authorities.  But it says about 39 political activists were arrested in August and September alone.  It also says the authorities have done nothing to bring justice to the perpetrators of extra-judicial killings, arbitrary arrests and torture during last year's crackdown.

For more information, please see:

Asia Times - False dawn in Myanmar - 27 September 2008

BBC - Burmese gloom one year after protests - 25 September 2008

BBC - No progress in Burma, says group - 25 September 2008

Human Rights Watch - Burma: One Year After Violent Crackdown, Repression Continues - 26 September 2008

Musharraf Faces Charges of Human Rights Violations

By Shayne R. Burnham
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan - Pervez Musharraf resigned the Pakistani presidency on August 18, 2008 under the pressure of impeachment from the coalition government and is now in the midst of facing charges, including treason and various human rights violations.  In May 2008, Human Rights Watch reported that human rights concerns in Pakistan included "arbitrary detention (including of lawyers and human rights defenders); lack of fair trials; mistreatment, torture and enforced disappearances of terrorism suspects and political opponents; harassment, intimidation and censorship of the media; violence against women; and discrimination against religious minorities. Since November 2007, the Government has severely interfered with democratic institutions and dissolved the independent judiciary."

"A failure to hold Musharraf and the army responsible will only result in those abuses continuing and hamper Pakistan's development into a full democracy," said Ali Dayan Hasan of Human Rights Watch.

Musharraf is currently facing two criminal charges:  murder and treason.  Khalid Kwaja petitioned the Islamabad High Court to try Musharraf for the murder of rebel leader, Nawaz Akbar Bugti, which occurred at the army assault on the Red Mosque which occurred in 2006. Bugti's death occurred while hiding out in a cave that collapsed during the assault.  A former judge stated that it is improbable that he will be convicted for this crime since he does not bear direct responsibility. 

If convicted of treason, Musharraf would face serious consequences.  Musharraf himself has acknowledged that he violated the constitution by imposing a state of emergency in order to remove judges from the Supreme Court, who were in the process of ruling if he could legally serve another five year presidential term.  If convicted, he faces a maximum penalty of death. 

Musharraf may also face charges for the enforced disappearance of hundreds of terrorist suspects.

 

For more information, please see:

Human Rights Watch - Universal Periodic Review of Pakistan:  Human Rights Watch's Submission to the Human Rights Commission - 5 March 2008

MSNBC - Musharraf Unwinds with Tennis After Resigning; Much Speculation on Whether Ex-President Will Face Treason, Other Charges - 20 August 2008

Unrepresented Nations and Peoples Organization - Balochistan:  The Case Against Musharraf - 22 September 2008

Visitation Rights Important to Improve Jail Facilities in the Philippines

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MANILA, Philippines - The Commission on Human Rights (CHR) was reportedly denied agency visitation rights at Fort Bonifacio by the Armed Forces of the Philippines (AFP) last week.  Their visitation, including lawmakers from the House of Representatives, was spawned by complaints by detained soldiers of their cell conditions. 

CHR Chairperson Leila De Lima said Lieutenant Colonel Iluminado Lumakad, commanding officer of the Philippine Marine Corps Headquarters Battalion, refused to allow the CHR team to visit detained marine officers who plotted against the government in 2006.  Lima asserted that the CHR has a constitutional mandate that grants them visitation rights.

"The AFP has a lot of explaining to do. They do not have any authority in any capacity to prevent the CHR from conducting jail visitations. We need not have clearance from the higher ups just so we could visit detention cells throughout the country. Our constitutional mandate is clearly stated and that is what matters most," De Lima said in her letter to Chief Alexander Yano of the AFP last week.

Lima and the CHR believes that it is important to allow for unannounced visits to detention centers in order to ensure conditions are humane and most importantly, to curb torture.  Lima told a news conference in Manila on Tuesday that CHR has documented more than 300 cases of torture since 2005.  Moreover, she stated that torture is prevalent in ordinary precincts and police stations, and even ordinary civilians who were arrested or detained arbitrarily by army or police forces were beaten, electrically shocked, burned with cigarettes, or suffocated with plastic bags.

Although the Philippines has signed on to the Optional Protocol to the Convention Against Torture (OPCAT) in April, the protocol has yet to be ratified in the Republic's Senate.  In the mean time, the government seeks a three to five year deferment on its implementation.  Executive Secretary Eduardo Ermita states that the government wishes to conform to United Nations standards by improving jail facilities and prison conditions.  Ermita said that regardless of whether the OPCAT was ratified, the government "wholeheartedly join[s] [their] colleagues in the community of nations in denouncing torture and other cruel, inhuman and degrading treatment or punishment." 

Philippine jails are overcrowded, face regular outbreaks of diseases and needs to focus on the rehabilitation and reintegration of an inmate.  Waiting to enforce the OPCAT would allow enough time to address these issues.

For more information, please see:

GMANews.TV - RP Seeks 5 Year Exemption From Anti-Torture Protocol - 23 September 2008

INQUIRER.net - CHR Accuses Military of Denying Right to Visit Jailed Troops - 23 September 2008

Reuters - Torture Prevalent in Philippines - Rights Body - 23 September 2008

Woman Tortured in Nepalese Prison

By Pei Hu

Impunity Watch Reporter, Asia

MORANG, Nepal – Sumitra Khawas was detained at Area Police Office (APO) of Belbari in the Morang district on September 9^th for allegedly murdering her husband. Sumitra disclosed to a Nepalese human rights organization, Advocacy Forum (AF), about her abuse in the hands of police officers.

Sumitra told AF lawyers and activists that she was forced to strip naked for prolonged periods of time.  Then, she was repeatedly beaten by punches, and threatened with poisonous lizards to be dropped in her clothes. She said the interrogation lasted about two hours while police tried to get Sumitra to sign a confession for her husband’s murder. Sumitra refused. She recalled three perpetrators, two men and one woman, who were police officers at APO.

AF lawyers wrote letters to government officials, including the Ministry of Justice, to request the transfer of Sumitra from the APO of Belbari. However, AF received no response. When human rights groups tried to visit Sumitra in prison, police officers threatened them by reportedly saying they would “get beat up by the locals.”

As of date, Sumitra is still in police custody at APO. She told AF lawyers that she has received threats, but she has not been tortured since her initial detention. AF lawyers are currently working on Sumitra’s appeal.

Torture is a widespread problem in Nepal. Human Rights Watch and various NGOs have reported of Nepal’s police brutality and the sexual assault of women during their arrests by police officers.

For more information, please see:

Amnesty International – Nepal: Torture of Woman Included Threat to Put Poisonous Lizards in her Clothes – 24 September 2008

Asian Human Rights Commission - A Woman Torture Victim Faces Threats by Police After Disclosing Her Torture Incident – 22 September 2008

Jurist – HRW: Nepal Must ‘Vigorously’ Investigate Human Rights Abuses – 12 September 2008

Vietnam Police Threaten Protesters in Land Dispute

By Pei Hu
Impunity Watch Reporter, Asia

HANOI, Vietnam – Protests and violence broke out between the Vietnamese government and the Catholic Church in Vietnam regarding religious land disputes in central Hanoi. As many as 3,000 Catholics have gathered from all around Vietnam to hold vigils and protests in Hanoi. Tensions rose last Friday when the Vietnamese government started bulldozing the disputed area. Protesters said they were beaten by batons, and the police shot tear gas canisters into the crowds. The Hanoi Police denied the incident and said it was merely an “unintentional scuffle” that happened between the protesters and the police.

Since last December, protesters have been holding protests to what they believed to be an unjustified taking of lands, which was formerly a Vatican embassy and residence. However, the Vietnamese government claimed that under Vietnam law, land under management and socialist reform policies enacted in 1991 cannot be claimed. This law has generated more than 200 land disputes in Vietnam. The recent protests have been the most publicized.

The Vietnamese government criticized the area’s Thai Ha parishioners for instigating “public dissidence” in Hanoi.  In order to avoid more public outcry, Vietnamese authorities attempted to appease protesters by converting the land into a National Park and a public library for the “interest of the people.”  However, many Catholics still view the disputed land as sacred and the protests continue.

For more information, please see:

AP – Vietnam Denies Use of Stun Gun to Break Protests – 29 August 2008

BBC – Vietnam Warns Priests Over Land – 23 September 2008

BBC – Prayers and Protest in Vietnam – 2 September 2008

Is the International Community Neglecting Human Rights Issues in North Korea ?

By Ariel Lin
Impunity Watch Reporter, Asia

PYONGYANG, North Korea - An independent report commissioned by the former leaders of the Czech Republic and Norway and a Nobel peace laureate, urged the international community to increase its level of intervention on North Korea’s human rights issues.  The report said the international community has far too long neglected the human rights situation in North Korea because of the nuclear threat.  The report comes as six-nation nuclear negotiations have stalled, with North Korea threatening to restart its nuclear reactor.  It said the discussion of human rights in those disarmament talks has largely been an "issue of secondary concern."

The report pointed out one of the most pressing problems in North Korea - food distribution.  "Large segments of the North Korean population never receive any of the food provided by international relief agencies and other countries," it said, noting that prisons still operate with "brutality and massive disregard for basic human rights."  The report suggested that all dialogue with North Korea must make as a starting point Pyongyang's commitment under global treaties and laws on rights and other issues, including the nuclear talks.  The report followed a 2006 assessment that accused Pyongyang of failing to live up to its responsibility under international law to protect its population from genocide, war crimes, or crimes against humanity. 

North Korea recently took steps to restart its nuclear program after agreeing in November to dismantle it as part of an aid-for-disarmament deal. North Korea asked the International Atomic Energy Agency on Monday to remove seals and surveillance equipment from a key nuclear facility, the UN nuclear watchdog said Monday.  The request came three days after North Korea confirmed it was working to restart the Yongbyon reactor, and no longer wanted US concessions promised under the aid-for-disarmament agreement. US State Department spokesperson Robert Wood told reporters at a news briefing that Washington is "very concerned" about North Korea's actions. The six-nation aid-for-disarmament deal is deadlocked due to a dispute over verification of the declaration of the North's nuclear program, which it delivered in June as part of the agreement.

For more information, please see:

AP - North Korea wants seals removed at nuclear plant: IAEA - 22 September 2008

KBS - NGO Urges Participation in NK Human Rights Issues - 23 September 2008

International Herald Tribune - Report faults North Korean human rights - 23 September 2008

Reuters - World seen neglecting N. Korea human rights abuses - 22 September 2008

BRIEF: Myanmar's Longest-Serving Political Prisoner Released

YANGON, Myanmar - Myanmar's longest-serving political prisoner, Win Tin, was released on Tuesday.  According to Amnesty International, Win Tin, a journalist and aide to pro-democracy opposition leader Aung San Suu Kyi, was held for 19 years.  Only moments after his release, Tin Win vowed to continue his struggle against 46 years of military rule.  "I will keep fighting until the emergence of democracy in this country," he told reporters outside a friend's house. Asked how it felt to be free, Win Tin replied, "I will be happy only when all political prisoners, including Aung San Suu Kyi are released." He also said that he would keep wearing his prison blues as a sign of protest against the military rulers.

While in prison, Win Tin had two heart attacks, a hernia operation and suffered from high blood pressure, diabetes and spinal inflammation, according to international media groups.  He also wrote poems on the walls of his cell with ink made of brick powder and water, according to supporters who visited him. 

For more information, please see:

Reuters - Myanmar's Win Tin vows to continue democracy fight - 23 September 2008

Yahoo News - Prominent political prisoner freed in Myanmar - 23 September 2008

4 Year Old Murder and Rape of Indian Woman Goes Ignored

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

NEW DELHI, India – In 2004 Thangjam Manorama Devi was arrested at her home by paramilitary troops.  Hours later, her body was found by the roadside.  She had been riddled with bullets, and she had apparently been raped.  Although there were unprecedented protests after Thangjam Manorama Devi’s death, there has yet to be any substantive investigation or prosecution of her murderers.

Governmental authorities assert that Thangjam Manorama Devi had ties to an insurgent group fighting for the area’s independence from Indian rule.  Her family denies the allegations.

Human Rights Watch released a report on September 15th admonishing the Indian government for its failure to investigate and prosecute the murder of Thangjam Manorama Devi.  According to the report, “Repeated attempts to identify and punish those responsible for her death have been stalled by the army.”

Meenakshi Ganguly, senior Human Rights Watch researcher, added that in “the absence of justice, you see a perpetuation of the crime.  In the years since Manorama Devi was killed, there have been many other cases of human rights violations by security forces in Manipur.”

Soon after Thangjam Manorama Devi’s death, Prime Minister Manmohan Singh promised that there would be an investigation in Manipur, and the guilty would be punished.  However, Meenakshi Ganguly said, “He failed to deliver on his promise.”

Several dozen rebel groups call Manipur home, fighting for the region’s independence.  Paramilitary troops sent to the area evade prosecution by insisting the persons killed or harmed are rebels.  Paramilitary troops enjoy immunity from prosecution under the controversial Armed Forces Special Powers’ Act.  The Act empowers the military to conduct warrantless arrests, shoot-to-kill, and destroy property while protecting them from prosecution of serious crimes. 

For more information, please see:

BBC News – No Justice in Woman’s Death – 15 September 2008

Human Rights Watch - These Fellows Must Be Eliminated:  Relentless Violence and Impunity in Manipur - 15 September 2008

Impunity Watch – Rebellion in Manipur Fueled by Military – 20 September 2008

UPI – HRW Asks for Prosecution in Woman’s Death – 16 September 2008

Dissident Websites in Myanmar are Under Cyber Attacks

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar - Shortly before the anniversary of the 1988 pro-democracy uprising and last year's Buddhist-monk-led Saffron Revolution, two leading dissident websites in Myanmar have been shut down by a sophisticated cyber attack. The websites, run by the Democratic Voice of Burma (DVB) and the Irrawaddy news magazine, are operated by exiles outside Myanmar.  These websites are one of the few remaining sources of reliable news for people in Myanmar, however both were disabled on Wednesday.

Irrawaddy said Thai web host I-NET had confirmed on Wednesday its site had been under "distributed denial-of-service" assault.  Aung Zaw, editor-in-chief of the Irrawaddy online magazine, says his staff is gathering evidence and believes it will be able to identify the attackers.  He believes that the junta is behind the attack, just as it was behind the shutdown of Internet access in Burma during last year's uprising.  Myanmar's military junta has launched a series of crippling cyberspace attacks on dissident websites on the first anniversary of major protest marches by Buddhist monks, the Irrawaddy websites said on Friday.

DVB's Thailand bureau chief, Toe Zaw Latt, said the agency's website was only a small part of its reporting operations, and two major sources of news inside Myanmar, its radio and satellite television stations, both remained up and running.  The Internet inside Myanmar had also been running slower than its normal snail's pace this week and Internet cafes had come under unusually tight surveillance, the Irrawaddy said.  Security was also tight on the streets of Yangon, with some vehicle checkpoints, one diplomat said.

For more information, please see:

Radio Free Asia - Cyber-Attacks on Burmese Web Sites - 19 September 2008

Reuters - Myanmar junta takes out critical websites - dissidents - 19 September 2008

Wall Street Journal - The Generals Go Cyber? - 19 September 2008