Impunity Watch: Asia

Labor Rights Lawyer Jailed in the Philippines

By Pei Hu
Impunity Watch Reporter, Asia

MANILA, Philippines – Remegio Saladero, Jr., a well-respected activist lawyer, was suddenly arrested on October 23rd on multiple murder charges. Human Rights Watch (HRW) condemned the arrest as politically motivated. Saladero is a member of the New People’s Army (NPA), an armed wing of the Communist Party.

Saladero was arrested at his law office in Antipolo City in Rizal province. The police showed a warrant for a two-year-old murder in the Oriental Mindoro province. Philippines police also confiscated Saladero’s personal belongings.  Saladero was detained in the Calapan City jail and denied legal counsel while he was being interrogated for six hours.

Saladero has represented suspect groups and individuals including members of the NPA, which include Kilusang Mayo Uno (KMU), an alliance of trade unions.  He is also on the board of the Pro-Labor Legal Assistance Center.

In recent years, Philippines President Gloria Macapagal Arroyo has faced international criticism for hundreds of extrajudicial killings and enforced disappearances of leftist activists, journalists, lawyers, and clergy conducted by the Philippine National Police and Armed Forces.

In responding to the international criticism, local and international human rights activists say that the Philippines government is just changing its tactics to convict perpetrators for serious crimes. Saladero’s case bears many similarities to previous cases where the courts subsequently declared the arrests illegal. Recently, the courts declared the arrest and detention of the “Tagavtay Five” unlawful, who were activists and lawyers for farmer’s rights.  Police had accused members of being part the NPA.

Under the United Nations Declaration on Human Rights Defenders, it is codified international law that everyone has the right to promote and protect human rights. Elaine Pearson, deputy Asia director at Human Rights Watch, calls for the immediate release of Saladero and said, “It's not just Saladero's rights that are undermined, but the rights of all Filipinos ever in need of a lawyer."

For more information, please see:

ABS-CBN News - Labor Lawyer in Police Custody Unreachable - 18 October 2008

Human Rights Watch - Philippines: Continuing Harassment of Leftist Activists - 15 October 2008

Reuters - Philippines: Free Labor Rights Lawyer - 28 October 2008

Two Sons of Chinese Pastor Reported Beating by Chinese Officials

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China - According to the U.S. based rights group China Aid Association, house church leader Zhang Mingxuan's two sons were brutally beaten by up to 15 officers of China's Public Security Bureau.  Zhang's oldest son, Zhang Jian, was "severely beaten" unconscious when police raided the family's home in Beijing.  The injuries were serious, and he may lose sight in his right eye.  A younger son was also beaten, China Aid Association added.  The family was evicted from their apartment, and Pastor Zhang was detained in Kunming city, southwest China. 

U.S. State Department Deputy Spokesman Robert Wood called on "the government of China to immediately release Pastor Zhang and permit his family members to return home, to condemn the violent acts committed against his sons, and to bring to justice those individuals responsible for such acts." 

However, Chinese government called remarks by the United States, regarding religious intimidation of Pastor Zhang, "groundless" and "irresponsible."  Jiang Yu, spokeswoman of the Chinese Foreign Ministry said, "We encourage the U.S. to pay more attention to its own human rights problems, instead of viewing itself as a human rights bodyguard interfering in other country's internal affairs."  Jiang also said that Chinese citizens enjoy religious freedoms, but nobody can use religion as an excuse to commit crimes.

Zhang Mingxuan was nicknamed Pastor Bike for having traveled China by bicycle to distribute Bibles and preach the Christian gospel. Chinese officials have harassed members of the house church where Zhang Mingxuan preaches in the past. "During the past 22 years," said China Aid Association, "Pastor Zhang has been arrested 26 times, beaten and evicted from his home numerous times for his faith."

For more information, please see:

AFP - US presses China to free EU prize-winning dissident - 23 October 2008

Reuters - U.S. condemns beating of sons of Chinese pastor - 23 October 2008

Voice of America - Religious Repression In China - 28 October 2008

XinHua - China refutes U.S. remarks on religious beating - 25 October 2008

Protests Against Indian Rule in Kashmir on Anniversary

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

SRINAGAR, India – On the 61st anniversary of Indian rule in the Kashmir region, separatists took part in a general strike that shut down the area’s shops, businesses, and government offices.  The Indian government deployed thousands of troops in riot gear to patrol the region, and prohibited any gatherings of any more than 5 people.

On Sunday, shots were fired at protesters, killing one and wounding twenty.  A student was killed when shots were fired at a crowd who were throwing stones.  People had taken to the streets, chanting pro-freedom slogans.

The recent ban on protests was aimed to stop Kashmiri lawyers' plan to form a human chain to protest the presence of Indian rule in the city.  Mirwaiz Omer Farooq, a key separatist leader, said, “It's an irony that even forming a human chain is a threat to the Indian state.  This was supposed to be a symbolic protest reminding the world that India has militarily occupied this place."

The area's strike was called by the Jammu-Kashmir Coordination Committee, a coalition of Muslim separatist leaders and representatives of businesses, lawyers and government employees. The group demands Muslim-majority Kashmir's independence from India or its merger with Pakistan.  There were reports that police detained several separatists and lawyers who were expected to lead rallies on the anniversary.

Also on Sunday, Indian troops shot and killed five militants during a gun battle in the forests of Kishtiwar district.  “The five were members of Hizbul Mujahideen,” said an army statement, referring to the region’s most powerful group fighting for Indian Kashmir to join with Pakistan.

Anti-Indian sentiment is strong in Kashmir, which remains divided between India and Pakistan. The countries both claim the region and have fought two wars over its control.  Militant separatist groups have been fighting Indian forces since 1989 to end Indian rule. More than 68,000 people, mostly civilians, have been killed in the uprising and subsequent Indian crackdown.

For more information, please see:

AP – Protests Against Indian Rule Shuts Down Kashmir – 27 October 2008

Reuters – India Deploys Extra Troops to Halt Kashmir Protests – 27 October 2008

Voice of America – Indian Troops in Kashmir to Block Anniversary Protests – 27 October 2008

China's Prominent Human Rights Activist Wins the Sakharov Prize

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China - China's prominent human rights activist, Hu Jia, was awarded the Sakharov prize, the European Union's highest human rights honor.  Hu is known for his campaign for civil rights, the environment and AIDS victims.  He was convicted last April of inciting subversion, and is currently serving a three-and-a-half-year jail sentence in China. 

Hu's wife, Zeng Jinyan, also an activist, can visit him only when prison officials allow it.  She lives under house arrest with their infant daughter, and reporters are prevented from visiting their home by guards who block the entrance to the apartment building.

European Parliament President Hans-Gert Poettering called Hu Jia "one of the real defenders of human rights in the People's Republic of China."  Poettering told the EU assembly that "by awarding the Sakharov Prize to Hu Jia, the European Parliament is sending out a signal of clear support to all those who defend human rights in China."

The U.S. State Department spokesman Gordon Duguid also said that the U.S. hopes Beijing will move to free Hu Jia from prison, after the European Parliament awarded him a human rights prize.  "We hope that the recognition the European Parliament has given Hu Jia by awarding him the prestigious Sakharov Prize will demonstrate to China's leaders the enormous esteem the international community holds for his important work as a human rights defender and that China will release him immediately," said Gordon Duguid. 

However, a spokesman for China's Foreign Ministry, Liu Jianchao, expressed strong dissatisfaction that such an award had gone to a "jailed criminal" in disregard of China's repeated representations on the issue.  He says it was "a gross interference in China's domestic affairs."  In a letter sent to the President of EU assembly earlier this week, China's ambassador to the EU, Song Zhe, said giving the award to Hu would "inevitably hurt the Chinese people once again and bring serious damage to China-EU relations."

Hu was also named as a possible winner of the Nobel Peace Prize this year, prompting Beijing to issue a warning that the prize should go to the "right person."

For more information, please see:

ABC - Europe Awards Jailed Chinese Dissident - 23 October 2008

AFP - US presses China to free EU prize-winning dissident - 23 October 2008

AP - EU honours jailed Chinese dissident Hu despite Beijing pressure - 23 October 2008

BBC -  Hu Jia wins European rights prize - 23 October 2008

Reuters - China bridles as dissident wins top EU rights prize - 23 October 2008

Afghan Journalist Jailed for Advocating Women's Rights

By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan - Twenty-three year old journalist Perwiz Kambakhsh was sentenced by Afghanistan's appellate court to 20 years for circulating an Internet article about women's rights under Islam.  This new sentence overturned a death sentence he received in January by a court in the northern city of Mazar-i-sharif. 

Under Islamic law, blasphemy is a capital crime, punishable by death.  This 20 year sentence demonstrates Afghanistan's drift toward a more radically conservative Islam and how fragile the judiciary really is.  Moreover, according to Human Rights Watch, it illustrates Afghanistan's lack of respect for individual liberties.  As Brad Adams, Asia director at Human Rights Watch, stated, "Kambakhsh's case demonstrates how fragile freedom of expression is in many parts of Afghanistan, and the lack of progress that has been made in establishing a professional judiciary." He further stated, "It is an embarrassment to the Karzai government, which has failed to take judicial reform seriously and allows a brutal and conservative security service to do whatever it wants."

Kambakhsh was studying in Mazar-i-sharif and working as a journalist for the Jahan-e Now Daily, a local newspaper, when he was arrested on October 27, 2007.  He was held for 8 days without being charged before he was handed over to the prosecution.  Since his arest, Kambakhsh was detained in three difference prisons and denied basic legal rights, such as right to legal counsel.  His family reported that he was beaten and tortured into signing a confession.  When he was tried on January 22, 2008, he went in front of the judge and prosecutor without counsel or a hearing and was sentenced to death.  The following day, the prosecutor, Hafaizullah Khaliqvar, condemned all journalists who supported Kambakhsh.

Kambakhsh's brother, Yaqub Ibrahimi, believed that the arrest of Kambakhsh was a warning against him for his articles on human rights abuses committed by local warlords and militias in northen Afghanistan.  Ibrahimi is a journalist for the Institute for Way and Peace Reporting.  A few days prior to Kambakhsh's arrest, Ibrahimi was threatened by local armed groups and the National Directoate of Security and his home was searched several times. 

For more information, please see:

Human Rights Watch - Afghanistan:  Overturn Death Sentence of Jailed Journalist - 1 February 2008

Los Angeles Times - Afghan Student Gets 20 Years Instead of Death for Blasphemy - 22 October 2008

Reuters - Afghan Journalist Gets 20 Years Jail for Blasphemy - 21 October 2008

Cambodia: FBI Agents are Sent Home in Khim Sambo Case

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia - Two FBI agents were sent home after investigating the murder of journalist, Khim Sambo, and his 21 year-old son. Months after the death of Sambo and international pressure to solve the case, the United States offered the Cambodian government FBI assistance. However, the two FBI agents, who were helping Cambodian police on the case, pulled-out after 2 weeks of investigation.

The United States government was ambiguous on whether the withdraw was voluntary, but they felt the investigation was not going on the right track. Human rights organizations say the FBI agent’s departure is a negative development in efforts to solve Khim Sambo’s case. John Johnson, the Public Affairs Officer at the US Embassy in Phnom Penh, says he’s aware of human rights groups’ concern of police cover-up.

Sambo and his son were killed back in July. They were on their way back from working-out at an Olympic stadium in central Phnom Penh when a man riding on the back of a motorcycle fired upon them numerous times. Sambo died at the scene and his son died in the hospital the next day.

Brad Adams, the director of the Asia department at Human Rights Watch, said, “As in previous pre-election periods, this killing appears to be intended to send a message not to engage in opposition politics.”

Sambo had been a reporter for the Khmer Conscience, a newspaper affiliated with the opposition Sam Rainsy Party (SRP). Most other media in the country is dominated and controlled by the government or ruling party, Cambodian People’s Party (CPP).  Khim Sambo was known for writing about corruption and nepotism in the CPP. Less than two weeks leading up to Sambo’s death, he was reporting on national police chief, Hok Lundy. Sambo described Lundy as "one of the country’s most dangerous men." According to Sambo’s report, Lundy allegedly went to a casino in Bavat and threatened to arrest the staff when they refused to lend him more credit after he lost his money.

Sambo’s investigation seems to be stalling. People close to the journalist, who may have information about the murder, have said that they are too afraid to speak to the investigators because they suspect police are involved.

The Press Freedom Organization added a call on the “US authorities to quickly publish the findings of the FBI agents who spent more than two weeks working with the Cambodian investigators on this case." But the US government has not commented on the return of the FBI agents saying that it is an ongoing investigation.

For more information, please see:

Australia Broadcasting Corporation – FBI Continues to Investigate – 17 October 2008

Reports Without Borders – Who Masterminded Journalist Khim Sambo’s Murder? FBI Pulls Out of Investigation After Press Revelations – 15 October 2008

Human Rights Watch – Cambodia: Murder of Journalist Jolts Run-Up to Election – 16 July 2008

Khmer Rouge Official Convicted

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – On October 14th, Khem Ngoun, a key Khmer Rouge official,  and four others were convicted of kidnapping and murdering Christopher Howes, a British mine clearing expert for Mines Advisory Group (MAG).

Christopher Howes worked in a mine-clearance operation near the town of Siem Reap, Cambodia, 12 years ago. Ngoun was largely regarded as being responsible for the kidnapping and execution of Howes. The Khmer Rouge ambushed Howes’ team, held 20 miners hostage, and demanded ransom money from Howes and his interpreter, Houn Hourth. Howes refused and was taken back to the main Khmer Rouge camp where Ngoun ordered his execution. The 20 miners were later released or escaped. Howes and Hourth were often seen as heroes, sacrificing their lives for their colleagues.

Ngoun was the right-hand man to the military chief of the Khmer Rouge. After the regime disbanded, many high-ranking officials sought high-ranking posts in military and civilian life. At the time leading up to Ngoun’s arrest he was free of harassment and worked as a military advisor to a general of the Cambodian army.

The Khmer Rouge tribunal has been criticized for being slowing in bring justice to the 1.7 million people that were killed and tortured under the Khmer Rouge regime. However, the director of MAG’s Cambodian office, Rupert Leighton said of conviction of Ngoun, “I think it's very important for the Cambodian justice system in as much as it's proof that justice can be done despite lengthy periods between crime and court." He further added, “I think it’s also a good signal for the [Khmer Rouge] tribunal, and a healthy sign for the justice system in Cambodia.”

For more information, please see:

BBC – Past Catches Up with Khmer Rouge Killer - 14 October 2008

NY Times – Cambodia: 4 Convicted in 1996 Killings - 14 October 2008

The Phnom Penh Post - Verdict due on KRouge's 1996 slaying of deminer, interpreter - 14 October 2008

UN's Frustration Towards Myanmar Junta

By Ariel Lin
Impunity Watch Reporter, Asia

YONGANG, Myanmar - U.N. Secretary General Ban Ki-moon called on Myanmar’s Government and opposition to increase dialogue in his latest report to the General Assembly.  The report covers Myanmar's development between 23 October 2007 and 5 September 2008, when the junta faced global condemnation for its crackdown on the biggest opposition protests in almost 20 years.   It also highlights UN envoy Ibrahim Gambari failure to meet with Suu Kyi or win concessions from the regime when he visited Myanmar in August.

In the report, Ban said "it remains a source of frustration that meaningful steps have yet to be taken by the Myanmar authorities in response to the concerns and expectations of the United Nations and the international community." The main U.N. demands have been for the junta to release political prisoners, including Aung San Suu Kyi, and start a serious dialogue with the opposition.  However, it is unfortunate that specific suggestions of the United Nations to improve the credibility and inclusiveness of the political process have thus far not been taken up by the government.  Ban continued, "It is unfoHe urges all countries aiming for a solution in Myanmar to "work constructively together'' in support of the UN's efforts.

Myanmar Junta announced it had overwhelming public support in a May on an army-drafted constitution referendum, which was part of a process meant to culminate in multiparty elections in 2010 and end a nearly 20-year political stalemate.  However, Western countries have condemned the referendum as a sham.  Myanmar appointed a liaison officer to meet with the opposition leader Suu Kyi five times between November and January. The talks, the first since 2003, then stopped.  The UN also remains concerned about ongoing reports of armed conflict, associated human rights abuses, and humanitarian problems in ethnic minority areas, particularly in Kayin and Kayah states.

For more information, please see:

Bloomberg - Myanmar's Failure to Talk With Suu Kyi Frustrates UN, Ban Says - 21 October 2008

Reuters - U.N.'s Ban frustrated by Myanmar inaction - 20 October 2008

UN News Centre- Enhanced dialogue among all parties vital for Myanmar’s political future - 20 October 2008

Kyrgyzstan Fails to Protect Lesbians, Transgender Men, and Bisexual Women from Violence

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BISHKEK, Kyrgyzstan – Human Rights Watch (HRW) has called on the Kyrgyzstan government to protect lesbians, transgender men, and bisexual women from violence.  According to HRW, lesbians, transgender men, and bisexual women face violent abuse, including rape, from family members as well as strangers on the street. 

The HRW report documents beatings, forced marriages, psychological and physical abuse endured by the lesbian, transgender men, and bisexual women communities.  “No one should have to confront brutality or danger because of who they are or whom they love,” said Boris Dittrich, advocacy director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at HRW.

The violence in Kyrgyzstan occurs with impunity as the government refuses to protect lesbians, transgender men, and bisexual men while allowing the atmosphere of prejudice to continue.  There is a pervasive social prejudice that leaves victims little hope that the government will protect them.  In some instances, the police participate in the abuse and harass organizations that attempt to protect possible victims.  Dittrich stated, “It is time for the government to protect these communities instead of denying they exist.”

The government has also ignored addressing the issues of sexual orientation and gender identity. In one case, an official actually endorsed hate and violence. Three years ago, a Ministry of Interior official said of lesbians and gay men at a human rights roundtable, “I would also beat them. Let’s say I walk in a park with my son. And there are two guys walking holding each other’s hands. I would beat them up too.” 

Several persons interviewed by HRW recounted their past violent experiences.  One lesbian told how, when she was 15, her girlfriend’s brothers raped her brutally, saying, “This is your punishment for being this way and hanging around our sister.”  Another woman told of an acquaintance that locked her in a room and allowed several men to rape her. The men promised the acquaintance “that they would help her to ‘cure’ me of being a lesbian,” she said.  Another woman told HRW, “One time, these men on the street thought that I was a gay man and wanted to beat me up. I didn’t know which would be better, to say I was [a gay man] or to say, no I’m a lesbian. So I ran. They chased me and I just managed to get inside [my apartment], but they beat at the door for hours.”

For more information, please see:

Human Rights Watch – Kyrgyzstan: Protect Lesbians and Transgender Men From Abuse – 6 October 2008

Human Rights Watch – These Everyday Humiliations: Violence Against Lesbians, Bisexual Women, and Transgender Men in Kyrgyzstan - October 2008

United Press International- Kyrgyzstan Faulted for Human Rights Abuse – 6 October 2008

China Removes Restrictive Rules on Foreign Correspondents Reporting

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China - China extended some of the rules that gave foreign reporters greater freedom during the Beijing Olympics.  The extension will allow more than 30,000 foreign journalists to continue travel freely across most of China for reporting, and interview Chinese citizens without government permission. 

State news agency Xinhua said the temporary arrangement would become standard practice.  China's Premier Wen Jiabao approved the new regulations after a day of silence on what would happen to one of the high-profile changes Beijing made as part of its efforts to host the August Games. Liu Jianchao, a Foreign Ministry spokesman, said, “This is not only a big step forward for China in opening up to the outside world, for the foreign journalists it’s also a big step.” 

However, the media freedoms are not unlimited. Tibet is still closed to all foreigners and journalists.  Journalists must still apply for travel permits just as tourists do. Li Jianchao also warned that other areas of China may be designated off-bounds or temporarily closed after disasters.

The move has been welcomed by the main organization representing overseas media in China, Foreign Correspondents' Club of China.  "If properly implemented, we believe this will mark a step forward in the opening of China's media environment," said Jonathan Watts, president of the Foreign Correspondents' Club of China. 

Jonathan Watts also urged the government to ensure that police and local officials respect the freedoms and the new rule.  The Foreign Correspondents' Club of China said it had received reports of 336 complaints of interference since the rules were introduced in January 2007, including 67 cases of harassment and intimidation during the Olympic Games.

Seymour Topping, a well-known American journalist, sees the lifting of the restrictions as an important step for China.  "The more restrictions on foreign correspondents' work are lifted, the better chance there is for the world to become fully aware of China's accomplishments and what it is attempting to achieve," the former Pulitzer Prize administrator said.  "China used to be too wary of foreign journalists, but now the rules allow them to decide who to talk to," Huang Youyi, editor-in-chief of China International Publishing Group, added.

For more information, please see:

BBC - China's Press Freedoms Extended - 18 October 2008

China Daily - Reporting Made Easier for Foreign Media - 20 October 2008

Human Rights Watch - China: Olympics-Related Media Freedoms Should Not Expire - 15 October 2008

Reporter without Borders - What Rights Will the Foreign Press Have? - 17 October 2008

Reuters - China Extends Media Freedom Rules at 11th Hour - 17 October 2008