Impunity Watch: Asia

China to Minimize Executions

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – The Supreme People’s Court of China, which has the power of final approval for death penalty cases, announced that the Court would cut down on the number of annual executions and impose more suspended death sentences.

(Source: AsiaNews)

China is considered to be the world’s top executioner.  According to Amnesty International, at least 7,000 Chinese have been sentenced to death and 1,718 people were executed in 2008, which is 72% of the world’s total number of people executed.  The exact number of executions is a state secret in China.

The death penalty applies to 60 offenses in China, including non-violent crimes like tax fraud and embezzlement.  However, after China gave the Supreme People’s Court the power to review death penalty cases from the lower courts two years ago, there have been fewer executions.  One Chinese newspaper reported that the Supreme People’s Court overturned 10% of the death penalty cases in 2008.

Murder convict being taken away to be executed in Guangzhou (Source: Reuters)

Zhang Zun, the vice-president of the Supreme People’s Court said, “As it is impossible for the country to abolish capital punishment under current realities and social security conditions, it is an important effort to strictly control the application of the penalty by judicial organs.”  Zhang added, “Judicial departments should use the least number of death sentences possible,” and use capital punishment only against “those who have committed extremely…heinous crimes that lead to grave social consequences.”

However, rights groups have been concerned because Chinese officials are alleged to have remarked that violent protesters of the riots that took place in Xinjiang region earlier this month would be executed. 

One human rights group researcher, Si-si Liu, expressed her concern saying, “We question how this kind of sentencing decision, which only courts should be eligible to make can be made by people outside the judicial system.”

For more information, please see:

Al Jazeera – China to cut down on executions – 29 July 2009

BBC – China to cut down number of executions – 29 July 2009

Guardian – China to restrict death penalty and cut executions – 29 July 2009

Japan Becomes First in Asia to Ratify Disappearances Convention

 By Hyo-Jin Paik
Impunity Watch Reporter, Asia

UNITED NATIONS- Japan ratified a UN human rights treaty on ending impunity for enforced disappearances.  The Permanent Mission of Japan to the UN submitted its ratification of the International Convention for the Protection of All Persons from Enforced Disappearance ("Disappearances Convention") to the Secretary-General’s office on July 23, 2009.  Japan is the first country in Asia and the 12th country in the world to ratify the Convention.

(Source: Asia Federation Against Involuntary Disappearances)

The Disappearances Convention's goal is to prevent enforced disappearance, find the truth when this crime occurs, and to punish those responsible for the crime while providing reparations to the victims and their families.  The Convention was adopted by the UN General Assembly in December 2006, and it is the product of long and arduous efforts by families, NGOs and governments to address the problem of enforced disappearance through international law.
 
Christopher Hall of Amnesty International said, "The Disappearances Convention is one of the strongest human rights treaties ever adopted by the United Nations.  In the past, the perpetrators of this crime...were unlikely to be held accountable for their conduct...the Disappearances Convention is an important tool for the international community to half this trend."
 
Amnesty International added that Japan must now take steps to fulfill its obligation under the Convention by enacting or amending any legislation necessary to implement the Convention.  Hall also said taking these steps will ensure that perpetrators are held responsible, and by doing so, "Japan will set an important example for the world - and other Asian countries - to follow."
 
The Japanese government released a statement via its Foreign Ministry website saying that the ratification of the Convention is "meaningful in showing the international community the strong intention of Japan to oppose enforced disappearances...."
 
The Disappearances Convention prescribes that enforced disappearances, including abductions in the international community, is a punishable crime.  As of July 24, 2009, among the 81 countries listed as signatories, 12 countries (including Japan) have ratified the Convention.  To enter into force, the Convention must be ratified by 20 countries.

For more information, please see:

Amnesty International - Japan commits to ending impunity for enforced disappearances – 28 July 2009

Diplomacy Monitor - Deposit of the Instrument of Ratification of the International Convention for the Protection of All Persons from Enforced Disappearance – 24 July 2009

Office of the United Nations High Commissioner for Human Rights - International Convention for the Protection of All Persons from Enforced Disappearance – 20 December 2006

HIV Affected Families in Cambodia Told to Relocate

By Alishba I. Kassim
Impunity Watch Reporter, Asia

TUOL SAMBO, Cambodia - In June 2009, the Cambodian government forcibly relocated 20 HIV-affected families to substandard housing at Tuol Sambo, a remote site 24 kilometers from the city. On July 23, the government moved another 20 HIV-affected families to the site.

The green sheds that are now home to these families in Tuol Sambo are referred to as the "AIDS village." The sheds lack running water and adequate sanitation according to Human Rights Watch. "By bundling people living with HIV together into second-rate housing, far from medical facilities, support services, and jobs, the government has created a de facto AIDS colony," said Shiba Phurailatpam of the Asia-Pacific Network of People Living with HIV/AIDS. She further commented, "It’s hard to understand how a government that has received international recognition for its HIV-prevention efforts could so callously ignore the basic rights of people with HIV."

Dozens of humanitarian agencies and regional groups sent a joint letter to Cambodia’s prime minister and health minister, asking the leaders to urgently address the unsanitary conditions in Tuol Sambo.

The joint letter stressed that conditions in Tuol Sambo do not meet the international standards for even temporary emergency housing. "The housing conditions in Tuol Sambo pose serious health risks for families living there… People living with HIV have compromised immune systems and are especially vulnerable. For them, these substandard conditions can mean a death sentence," said Rebecca Shleifer, health and human rights advocate at Human Rights Watch.

The letter called on the Cambodian government to initiate a fair and open process with regards to housing services and to stop exposing HIV-affected families to further stigma and discrimination. "People living with HIV – like all others – need adequate living conditions that do not threaten their health and a way to earn a livelihood, so that they can provide for themselves and their families," said Kevin Moody of The Global Network of People living with HIV.

The letter was delivered July 27. Many members of human rights agencies and health organizations eagerly await a response.

For more information, please see:

Human Rights Watch - Cambodia: Aids Colony Violates Rights - July 27, 2009

Phnom Penh Post - Final HIV Families Withdraw - July 27, 2009 

 

Christians Executed in North Korea

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea– North Korea publicly executed a woman for distributing Bibles in a northern town close to the Chinese-North Korean border.  In addition to distributing Bibles, Ri Hyon Ok, a 33-year old mother of three, was accused of spying for South Korea and the United States and for organizing dissents.  South Korea and human rights groups were unable to verify the allegations against Ri, but her parents, husband and children have been sent to a prison camp.

Although an estimated 30,000 North Koreans are believed to secretly practice Christianity in their homes, the country views religion as a major threat. The government has authorized four state churches (one Catholic, one Russian Orthodox and two Protestant), but North Koreans cannot not attend services or publicly display their religious fervor.  Only the country’s founder, Kim Il-sung, and his son, Kim Jong-il, may be worshiped in public.

Underground North Korean Christians (Source: Cornerstone Ministries)

Ironically, North Korean constitution guarantees religious freedom, and Pyongyang, the country’s capital, was once known as the “Jerusalem of the East” for its predominance of Christianity.  However, in reality, religious observances are extremely restricted, and violators are usually accused of spying or anti-government activities.  The Bible is also among the books banned in North Korea.  A U.S. government report found that an estimated 6,000 North Koreans Christians are jailed in “Prison No. 15” in northern North Korea, and religious prisoners face harsher treatment.

U.S. Commission on International Religious Freedom said in its report, “What religious practice…exist[s]…(are) tightly controlled and used to advance the government’s political or diplomatic agenda…[A]nyone engaged in clandestine religious practice faces official discrimination, arrest, imprisonment, and possibly execution.”

According to reports by South Korean human rights groups, execution of Christians in North Korean appears to have increased.  In the past year, North Korea has tightened its control over human rights policies, and some believe this may be the result of the government’s means of securing transition of power from Kim Jong-il to his son.

For more information, please see:

BBC – North Korea ‘executes Christians’ – 24 July 2009

The Huffington Post – North Korea Executes Christian For Distributing Bible: Rights Group – 24 July 2009

The Philadelphia Inquirer – N. Korea is said to kill Christian – 25 July 2009

UN’s Nepal Mission Extended

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

UNITED NATIONS – The United Nations Security Council voted to extend its mission in Nepal for another six months.  Although the UN Mission in Nepal (UNMIN) is being extended, the Security Council is urging the government to resume its peace talks so that the UN’s 250-person mission can leave in January 2010.

UN workers in Nepal (Source: UN)

UNMIN was established to support the peace process and to monitor weapons storage sites at camps for former Maoist fighters.  However, the peace process has been stalled since May when the Maoists walked out of the government when their attempts to fire the country’s army chief failed.  This has caused a hold up in the integration and rehabilitation of Maoist army personnel and the drafting of a new constitution.

The Security Council had hoped to complete the mission in Nepal this month, and Secretary-General Ban Ki-moon said last week that Nepal’s political crisis has prevented UNMIN from completing their work.

Nepal has been fighting anarchy, insecurity and impunity since the end of the country’s civil war when the Maoists overthrew Nepal’s monarchy, killing and displacing thousands of Nepalese. 

A peace deal was crafted in 2006, but the process has been slow.  Furthermore, the UN had recently expressed concerns regarding a rise in kidnappings for ransoms, which in turn encourages culture of impunity because there currently is no security enforcement in Nepal.

Karin Landgren, UN’s Nepal envoy, said, “It is our hope….that…the government and parties will take peace process forward, creating the conditions for the mission to complete its mandated tasks.” 

UN’s report on Nepal also warned that law and order continues to remain a “serious concern” because many armed groups are operating with impunity, especially in southern Nepal.

For more information, please see:

AFP – UN chief recommends extension of mission in Nepal – 18 July 2009

China View – UN extends mission in Nepal – 24 July 2009

Reuters – U.N council extends its Nepal mission but wants out – 24 July 2009

Pakistani President Bans Jokes Ridiculing Him

By Alishba I. Kassim
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan –The Pakistani government has initiated a crackdown against citizens that joke at the President’s expense. Pakistanis who send jokes by text message, email, or blog, risk being arrested and facing up to 14 years in prison.

According to the country's Interior Minister Rehman malik, the Federal Investigation Agency will now electronically trace jokes that 'slander the political leadership of the country', in particular, jokes regarding Pakistani President Asif Zardari, widower of Benazir Bhutto.  This initiative will be carried out under the auspice of the new Cyber Crimes Act.

Mr. Malik said the move would punish the authors of "ill motivated and concocted stories through emails and text messages against the civilian leadership." The government also listed counter-terrorism concerns as a reason for the ban.

President Zardari has long courted controversy. During the late Prime Minister’s Benazir Bhutto’s tenure, he was dubbed "Mr. 10 percent" when alleged evidence revealed he had been receiving "kickbacks on government contracts." Other alleged nicknames include, loosely translated, "chief thief" and "bandit."

Human rights agencies in Pakistan have described President Zardari’s ban as "draconian and authoritarian," and compared it former President Musharraf’s media ban during a time of political opposition – drawing a distinction only in name between a civilian and military government.

For more information, please see:

Digital Journal - Pakistani President Bans Jokes Ridiculing Him - July 22, 2009

World Sentinel - Indecent SMS Sender Could Fail Jail Time in Pakistan - July 22, 2009  

Telegraph - Pakistan President Bans Jokes Ridiculing Him - July 21, 2009 

China's “All-Out Attack” Against Lawyers

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

NEW YORK, United States – The Chinese government has closed down a legal aid center in Beijing and has disbarred 53 lawyers in an all-out effort to silence the country’s human rights defenders.

Last Friday, Beijing Civil Affairs Bureau officials raided and closed a nongovernmental legal research center, Open Constitution Initiative (OCI).  OCI takes on “officially sensitive” cases for groups and individuals whose fight for justice is hindered by China’s political system.

The officials claimed that OCI was closed down for failure to pay taxes and for improper registration, but OCI believes that the forced closure was politically motivated.  Sophie Richardson of Human Rights Watch said, “The attack on OCI marks a new low in the Chinese government’s campaign against human rights defenders.  This is precisely the kind of organization whose work the government should value….”

Among the 53 lawyers who were disbarred included an eminent civil rights lawyer, Jiang Tianyong, who has represented high-profile Tibetan monks and victims of slave labor rings.  Other lawyers, whose works include representing HIV/AIDS patients and peasants in land disputes, have been taken by the police, handcuffed and beaten.  There are also reports of law firms being forced to close.

Chinese petitioners whose legal channels have been frustrated (Source: AP)

The Beijing Justice Bureau announced that lawyers’ licenses were revoked because the individuals had failed to apply for re-registration.  However, critics argue that the Chinese government is intentionally removing means through which Chinese citizens can obtain legal assistance.  Furthermore, Beijing Bureau of Legal Affairs issued a notice to lawyers telling them to be “cautious” in defending suspects linked to the recent riots in Urumqi. 

Tang Jitian, whose license has been revoked and is under house arrest, said, “Some authorities don’t like those lawyers who speak for the people.  They think we are enemies…What police and the authorities are doing is destroying Chinese law.”

Human Rights in China and its executive director Sharon Hom also voiced their concerns saying, “This suppression will inevitably lead to…creating greater disadvantages for already persecuted groups and greater social instability.”

Human Rights Watch is urging the Chinese government to make a choice since “eliminating legal aid, banning legal research, and hobbling lawyers” will only hurt the Chinese society.

For more information, please see:

Guardian – China accused of ‘all-out attack’ on lawyers – 8 June 2009

The Huffington Post – China’s Civil Rights Lawyers: The New Enemies of the State – 20 July 2009

Human Rights Watch – China: Cease Attacks on Rights Lawyers – 17 July 2009

China Claims Riots Premeditated by Uighurs

By Alishba I. Kassim
Impunity Watch Reporter, Asia

BEIJING, China – China says it has accumulated evidence that the riots in Urumqi that ended up killing nearly 200 people were part of a coordinated attack.

Security officials were quoted on Monday in the state-run press as saying that surveillance videos showed women in Islamic robes and head coverings issuing orders to rioters. One woman is said to have given out clubs for the attack. "Such dressing is very rare in Uqumqi, but these kind of women were seen many times at different locations on surveillance cameras that day."

The rioting broke out several hours after police allegedly calmed a crowd of thousands of protesting Uighurs, a Turkic minority. The Uighurs were speaking out against the discrimination they face by the Chinese authorities. Authorities claim that "gangs" of Uighurs attacked the Han majority of China at random, and rampaged through Urumqi, a city of 2.3 million. The state-run media sources claim the attacks began simultaneously at 50 different locations throughout the city.

The Chinese government has been insisting that the riots were planned, and are now presenting evidence after being criticized internationally for not stopping the violence. Rohan Gunaratna, a Singapore-based "terrorism expert" said, "It is true that there is significant radicalization of a tiny segment of the Uighur community, but the Chinese government has not as yet presented convincing evidence that this was a coordinated attack."

The Uighurs used to be a majority in northwestern China, but have now become a minority having lost jobs and influence due to a heavy influx of the Han population. Rebiya Kadeer, president of the World Uighur Congress, said, the Chinese government is "obscuring the truth in order to conceal a mass killing of Uighurs by Chinese security forces."

For more information, please see:

Los Angeles Times - China Says it has Evidence Riots were Planned - July 20, 2009

The New York Times - China Says its Forces Killed 12 - July 20, 2009 

The Wall Street Journal - Uighurs Lose Economic Ground to Han - July 20, 2009

  

UN Condemns Jakarta Hotel Bombings

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

                                     Jakarta's Marriott hotel after the blast (Source: AFP)

JAKARTA, Indonesia – Nine people were killed in Friday’s suicide bombing attacks in Jakarta’s Ritz-Carlton and J.W. Marriott hotels.  As Indonesian officials get closer to identifying the mastermind behind the blasts, the UN Security Council released a statement voicing outrage and sympathy.

The 15-member Security Council offered “deep…condolences to the victims of these heinous acts of terrorism and to their families, and to the people and Government of Indonesia.”

The bombings in two luxury, American hotels came at a time when Indonesia was enjoying great stability, including a peaceful presidential election just weeks ago.  Officials believe that the goal of the attacks was to embarrass the Indonesian government.

  Noordin Mohamed (Source: BBC)
The country’s anti-terror chief told reporters he believes that Noordin Mohamed is behind the bombings.  Noordin is the key financier for Jemaah Islamiah, a militant group linked to Al-Qaeda and responsible for numerous bombings in Indonesia, including the 2002 Bali bombing.  Indonesian police said they are sure this is the work of Noordin considering the target, location and the contents of the bomb.  The bombs used in Friday’s attacks contained nails and bolts, contents identical to the bombs Jemaah Islamiah uses.

The Security Council stressed that perpetrators, organizers and sponsors of the attacks must be brought to justice, adding that governments must take all measures to right terrorism by fulfilling their obligations under international human rights and refugee and humanitarian law.

The Council members also said, “The Security Council reaffirms that…any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed.”

Indonesian President Susilo Bambang Yodhoyono, condemning the attacks as “cruel and inhuman,” said a terrorist group is responsible for the attacks and vowed to find the perpetrators.

For more information, please see:

BBC – Fugitive linked to Jakarta blasts – 18 July 2009

The Hindu – UNSC deplores hotel bombings in Indonesia – 18 July 2009

MSNBC – Cops eye fugitive terrorist in Indonesia blasts – 18 July 2009

Another UN Worker Killed in Pakistan

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan- A relief worker who works for the UN High Commissioner for Refugees (UNHCR) has been shot dead in northwestern Pakistan on Thursday in a failed kidnapping attempt.  The victim, Zil-e-Usman, was a 59-year-old Pakistani and a 30-year veteran of the UN.  This was the third killing of UNHCR employee in Pakistan in the past six months.

The slain senior UN official was attacked as he left a field office in the Kacha Gari Refugee Camp and was shot several times.

Refugee Camp in Pakistan (Source: AFP)

UNHCR Chief Antonio Guterres said targeting aid workers must be stopped, adding, “There is no justification for attacks on humanitarian workers dedicated to the protection and care of the most vulnerable people.”  

The attack took place at a refugee camp in Pakistan’s Frontier Province where the government forces have launched a military offensive against the Taliban militants.  About 2 million Pakistanis have been driven from their homes in this region and have been placed in refugee camps.  Consequently, many international organizations have dispatched aid workers to this area of Pakistan although there was a risk that the aid workers could be targeted by the militants.

A Pakistani security official told reporters that he suspected the Taliban to be behind this attack.  The shooting came only days after senior Pakistani officials warned that the Taliban militants who had fought in the northern Swat Valley over the past few months were expected to retaliate against the Pakistani government and aid workers.  The Taliban fighters have targeted foreign diplomats and humanitarian workers in the past.

UN had lost its workers just last month in the devastating suicide bombing attack in a hotel in Peshawar.  Guterres said, “It is unacceptable that humanitarian workers doing such vital and selfless work are attacked in this way.”

For more information, please see:

Al Jazeera – UN workers killed in Pakistan attack – 16 July 2009

CBS – UN Worker Killed in Pakistan Refugee Camp – 16 July 2009

CNN – U.N. worker killed in Pakistan kidnap bid – 16 July 2009