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