Impunity Watch: Asia

Vietnamese Journalist Released from Jail

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

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

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

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

For more information, please see:

AP - Vietnam Sentences Dissident Writer - 31 January 2008

Earthtimes - Vietnamese Dissident Released from Prison - 31 January 2008

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

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

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

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

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

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

For more information, please see:

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

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

Bangladesh Arrests Labor Rights Activist

By Kristy Tridhavee
Impunity Watch Reporter, Asia

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

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

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

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

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

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

For more information, please see:

AP - Police Arrest Bangladesh Rights Activist – 29 January 2008

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

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

China Refuses to Politicize Olympic Games

By Juliana Chan
Impunity Watch Reporter, Asia

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

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

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

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

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

For more information, please see:

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

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

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

Myanmar Makes Further Dissident Arrests

By Juliana Chan
Impunity Watch Reporter, Asia

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

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

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

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

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

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

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

For more information, please see:

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

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

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

Pakistani Army Not to be Involved in Elections

By Elizabeth Breslin
Impunity Watch Reporter, Asia

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

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

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

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

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

For more information, please see:

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

Daily Times - ANALYSIS: Election manipulation - 27 January 2008

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

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

Afghanistan Sentences Journalist to Death

Photo at RadioFreeEurope 

By Kristy Tridhavee
Impunity Watch Reporter, Asia 

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

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

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

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

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

For more information, please see:

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

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

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

BRIEF: Increased Human Rights Violations in Tibet

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

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

For more information, please see:

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

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

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

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

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

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

For more information, please see:

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

Bangladesh Pardons Professors and Frees Students

By Kristy Tridhavee
Impunity Watch Reporter, Asia

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

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

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

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

For more information, please see: 

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

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

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