Impunity Watch: Asia

Ex-Judge Accused of Bribery Commits Suicide

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China - An ex-judge, Wu Xiaoqing, who had been charged with taking bribes from gangsters, was arrested and committed suicide in his cell in central China.

Photo courtesy of China Daily

Wu was found dead by his cellmates who alerted guards that he appeared dead. Officials said the former judge left a suicide note, but neither the detention house nor the police would disclose the contents of the letter. Wu, age 57, hung himself using the drawstring from his underwear five months following his arrest for corruption.

Wu, who was the ex-director of the enforcement bureau of the local municipal court, was arrested in June on suspicion of taking in more than half a million dollars in bribes from 1998 to 2008, according to a spokesman surnamed Li. Li, speaking for the Chongqing city government office, would give only his surname.

Wu's arrest was part of a continuing crackdown on anti-corruption in sprawling Chongqing. The initiative has nabbed approximately 1,500 suspects — gangsters, prominent businessmen and 14 high-ranking government and police officials, according to China Daily newspaper. The ex-director of the enforcement bureau of the municipal higher people's court and president of a local court college was seized in June as part of an anti-corruption initiative.

China in recent years has adopted a dual approach that combined both prevention and punishment to address the country's wide spread corruption. As part of the anti-corruption initiative, officials from the National Peoples Congress have called for tougher penalties for officials with big assets from unidentified sources. Officials who cannot give the source of their assets could be jailed for up to 10 years, instead of the current five years. According to Li Shishi, director of the NPC Standing Committee’s Legal Affairs Commission “We consider it necessary to impose severe punishment on officials abusing their power for personal gains." However, the range of punishment for charges of corruption or bribery are not uniformly applied.  A typical penalty range that is often referred to notes that the sentence for accepting bribes for amounts between 5,000 and 50,000 yuan is often one to 10 years in prison, five years to life for 50,000 to 100,000 yuan, and for bribes of more than 100,000 yuan the penalty can be 10 years in jail to the death sentence.  

Six gang members in the city have been sentenced to death for crimes including murder and blackmail. China has a mixed record of cracking down on corruption, but when the country does, the punishment is often severe. For instance, two years ago, the director of China's food and drug agency was executed for approving deadly fake medicine in exchange for cash.

The most senior official to be subjected to China's harsh bribery punishment for his recent corruption charges was Shanghai's former Communist Party chief, Chen Liangy. Chen was sentenced last year to 18 years in prison for his role in a pension fund scandal. In addition to investigations of other public officials, Hu Yanyu, a partner at Zhibo Law Firm from 2001 to 2008 and Wu's alleged mistress, are also being investigated along with at least 10 other lawyers, said Zhou Litai, a Chongqing-based lawyer.

For more information, please see:

CBS World News - Ex-judge Facing Corruption Charges Commits Suicide In Central China - November 30, 2009 

China Daily - Accused ex-judge found hanged in cell - November 30, 2009 

China Service News - Senior judge handed over to judicial organs over bribery allegations - November 30, 2009 

Yahoo! World News - Ex-judge facing China bribery charges kills self - November 30, 2009

Anti-Taliban Tribal Figure Killed In Pakistan

By Michael E. Sanchez
Impunity Watch Reporter, Asia

KHAR, Pakistan-  Shahfur Khan, a key anti-Taliban tribal leader was assassinated Friday in a roadside bombing, the latest in a series of attacks against pro-government militias in the area of northwestern Pakistan.  

Mr. Khan was returning to his home to receive guests after prayers marking the start of the Muslim festival of Eid al- Adha when the explosion occurred, which killed him and wounded three others, according to local officials Jamil Khan and Abdul Malik.  Jamil Khan, a local administrator said “The tribal leader was killed on the spot and his colleagues were seriously wounded in the blast.”

After his predecessor was killed with at least 14 other people in a suicide bombing last year,   Khan emerged as a militia leader in the Mamund area of the Bajur tribal region.

Violence has increased in Bajur and other northwestern tribal areas along the Afghan border since the army launched an anti-Taliban offensive in South Waziristan in mid-October.  A military statement on Friday said that over Fifteen Taliban fighters were killed in operations over the previous day in South Waziristan.  Pakistani troops took control of three significant militant strongholds in the Bara area of Khyber tribal region, where another 15 insurgents were killed.

Authorities also found the bullet-riddled body of another tribal elder, Ameer Saiyed who was seized from his home late Thursday in an attack that also left his son dead.  Authorities found the father’s body Friday near his home in Wali Kor village, the official said.  

The government has bolstered their military campaigns by assisting tribal leaders and supporting local militias to battle the Taliban.

These militias, also known as lashkars, have drawn comparisons with government-backed groups in Iraq known as Awakening Councils.  These groups have been credited with beating back the insurgency there.  The lashkars however, are less organized and the tribesman use their own aging weapons.

Traditionally, tribal elders have had massive influence in northwestern Pakistan but have increasingly been targeted by al-Qaida and Taliban fighters as they joined forces with the government.

For more information, please see:

Associated Press- Key Anti- Taliban Figure Assassinated in Pakistan- 27 November 2009

Time of the Internet- Insurgents Kill Two- Anti Taliban Elders- 27 November 2009

BBC News- Anti-Taliban Elder Killed in Pakistan - 27 November 2009

Philippines Election Violence Suspect Surrenders

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

AMPATUAN, Philippines– A lead suspect, Andal Ampatuan Jr., accused of a massacre, which killed at least 57 people in the Philippines, has been turned over to the authorities by his family on Thursday.

Ampatuan Jr.’s family is a powerful pro-government clan allied with President Gloria Macapagal Arroyo.  Since the massacre, there has been mounting pressure from the public to crack down on lawless acts and warlords.

According to Asia Foundation, more than 80% of families in Maguindanao province, the scene of Monday’s massacre, have been made homeless due to clan violence.

About 250 prominent political families exist in the Philippines with family members who hold positions in various levels of the government.    The Ampatuan clan has been ruling the Philippines’ Maguindanao province for years. 

 Victims at the massacre site.  Courtesy of Reuters.

Andal Ampatuan Sr. is the provincial governor of the Maguindanao province and has been grooming his son, Andal Ampatuan Jr., to succeed him in next year’s upcoming elections. 

However, Ampatuan Jr. is accused of allegedly stopping a convoy with more than 100 armed police and militiamen, and killing journalists, family and supporters of the Ampatuan clan’s rival gubernatorial candidate, Esmael Mangudadatu.

The Mangudadatu clan was ambushed as they were traveling to go file the election papers nominating Mangudadatu as the candidate for next year’s provincial governor.

A witness to the massacre said the victims were taken to a remote mountainous area.  The witness said, “Datu Andal himself said…anyone from the Mangudadatu clan – women or children – should be killed.” 

Investigators unearthing more bodies at the massacre site.  Courtesy of Reuters.

The witness added that Ampatuan Jr. also ordered the gunmen to make sure that no evidence of the killings was left behind and that all of the women were raped before they were killed.

Authorities have found bodies of the victims in a mass grave at the massacre site.  Bodies were found in large pits buried with vehicles.

Investigators have said that it appears that the victims were shot at a close range before being dumped in shallow graves.  Some victims also had their hands tied behind their backs.

To prevent retaliatory violence from the victims’ clan, the government has declared a state of emergency throughout the Maguindanao province and has deployed tanks and troops.

Human Rights Watch has expressed concern that the Ampatuan clan’s family connections with President Arroyo and the administration would hinder an impartial investigation.

For more information, please see:

Al Jazeera – Philippines’ key suspect surrenders – 27 November 2009

AP – Prime suspect in Philippine massacre surrenders – 26 November 2009

NYT – Suspect in Philippine Election Killings Surrenders – 25 November 2009

 

Khmer Rouge Trial Ends, Sentencing for the Deaths of 12,000 Awaits

By M.E. Dodge
Impunity Watch Reporter, Asia

PHNOM PEHN, Cambodia — The Khmer Rouge prison boss, Kaing Guek Eav, more commonly known as Duch, admitted personal responsibility for the torture and murder of more than 12,000 people. He shocked the war crimes court by asking to be acquitted and released.

Khmer Rouge prison boss, known as Duch, stands beside a security guard during the closing arguments of his trial. Curtesy of The Guardian,

Duch is one of five aging senior cadres facing trial in the deaths of at least 1.7 million Cambodians who were murdered or died of starvation or overwork. From 1975 to 1979, before being removed after an invasion by the Vietnamese, the ultra-Maoist Khmer Rouge regime sought to create an agrarian utopia by abolishing religion, money and schools and forcing most of the population onto collective farms.

Duch's nine-month trial concluded with Duch asking the judges to consider his co-operation with the court, and proceeded to ask that the 10 years he had already served in jail be used as his sentence, and set him free. In the last statement of his concluding remarks, he said: "I would ask the chamber to release me, thank you very much."

The statement reportedly came only two days after he told the court he was ultimately accountable for the deaths that occurred while he headed the Khmer Rouge's Tuol Sleng prison in Phnom Penh. Duch had admitted, "I am solely and individually responsible for the loss of at least 12,380 lives." Duch was claimed to be responsible for the thousands of deaths, most of whom were tortured detainees at the notorious S-21 prison, where Duch was commander, before inflicting death in the nearby "killing fields."

Officials involved in the proceeding seem skeptical. Prosecutor, William Smith, said outside of the court, that he was surprised by Duch's last-minute change of heart. Smith stated, "The fact that he entered a request for an acquittal reinforces in our mind that his remorse is limited." The prosecution has asked for 40 year's jail for Duch, 67.

The judges are expected to deliver a ruling in March of next year. The maximum penalty they can impose is life imprisonment.

For more information, please see:

Sydney Morning Herald - Killing fields accused may not live to face court - November 27, 2009

The Times Online - Please release me begs Khmer Rouge torturer-in-chief - November 27, 2009

The Guardian -Cambodia torturer Duch – killer of 12,380 – asks court to set him free - November 27, 2009

CNN - Closing arguments end in Khmer Rouge trial - November 27, 2009

China’s Tainted Milk Scandal Culprits Executed

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – The dairy farmer and milk salesman who sold more than three million pounds of contaminated baby formula in China were executed on Tuesday.

Six babies died from drinking milk contaminated with melamine, which is a chemical used in manufacturing plastic and fertilizers, and more than 300,000 children were made ill.

Families in line at a hospital in Hebei Province for ultrasonic scan to detect health problems related to drinking tainted milk.  Courtesy of AP.

Melamine is an industrial chemical with high levels of nitrogen, and can cause kidney stones and kidney failure.

The Chinese officials are hoping that the severe punishment imposed on the milk producers will bring some consolation and assurance to the angry public and milk importers, in addition to brining closure to one of the country’s worst food scandals.

Much of the tainted milk ended up in baby formula sold by Sanlu Group, a major dairy company in Northeast China.  Since the scandal broke, the company has been taken over by a state-controlled company.

Zhang Yujun at his trial last December.  Courtesy of China Daily/Reuters.

Zhang Yujun and Geng Jinping were the only men to be executed among those convicted of lacing milk formula with melamine.  Additionally, 19 others were also convicted received lesser sentences.

The milk contamination struck a core with the Chinese public because although China claimed swift response to eliminating problems in food safety, this tainted milk scandal was only one in a series of product recalls and other disclosures of inadequate public health safeguards.

Despite Beijing’s efforts to regulate small and illegally run operations, a UN report said that many of China’s small businesses pose the greatest food safety hazard.  These small enterprises are often accused of injecting chemicals and additives into the food chain.

Nevertheless, China has been cooperating with U.S. officials to tighten its food safety regulations.  U.S. Consumer Products Safety Commission Chairman, Inez Tenenbaum, said that “Chinese suppliers…are now on notice…that it is a mistake to depend on good intentions and a few final inspections to ensure compliance with safety requirements.”

However, the outrage over the tainted milk scandal has not yet subsided.  There are allegations that the Chinese government prevented the news from breaking until after the Beijing Olympics. 

The cover-up allegations have never been publicly investigated, and the authorities have harassed or detained parents who are pursuing lawsuits or demanding higher compensation.

For more information, please see:

AP – China executes 2 for role in tainted milk scandal – 25 November 2009

Guardian – China executes two for tainted milk scandal – 24 November 2009

NYT – 2 Executed in China for Selling Tainted Milk – 24 November 2009

Tajikistan Women Beaten, and Regularly Abused

By Michael E. Sanchez
Impunity Watch Reporter, Asia

DUSHANBE, Tajikistan- Human rights group Amnesty International has accused Tajikistan of failing to protect their women.  The group says nearly half of Tajikstani women are raped, beaten or abused by their families.  According to Amnesty, Tajikstani women regularly endure humiliation from the hands of loved ones, including their husbands and in-laws, resulting in many committing suicide.

The report urges the authorities to address it as a crime, not to dismiss it as a “private family matter.  The authors of the report say the government should introduce laws and support services to tackle domestic violence.  Andrea Strasser-Camagni, Amnesty International’s Tajikistan expert said “Women in Tajikistan are beaten, abused, and raped in the family but the authorities tend to reflect the societal attitude of blaming the woman for domestic violence.  They see their primary role as mediator, to preserve the family rather than protect the women and to safeguard their rights.”

Tajikistan, which borders Afghanistan, is the poorest former Soviet Republic.  Strasser Camagni also states that traditional Tajikstani family values, reinforced after the Soviet Union break-up, impose even further discrimination on women by narrowing their role to that of wife and mother, and pushing them to lowest job market sector.

Tajikstani women have limited rights and job opportunities.  Many women drop out of school and enter into marriages that are often polygamous or unregistered.  “Women are being treated as servants or as the in-laws’ family property…They have no-one to turn to, as the policy of the authorities is to urge reconciliation, which…reinforces their position of inferiority” said Strasser-Camagni in a statement.

Up to one million Tajikstani men travel abroad every year looking for seasonal work.  In many cases, they stop sending money or do not return home and leave their wives vulnerable to abuse by their in-laws.  Some men even divorce their wives by text message announcing they have separated.  Because of this many women are driven to commit suicide but relatives regularly cover up these incidents by presenting them as accidents.

Tajikistan has ratified relevant international human rights treaties, but has fallen short of its international obligation to protect women’s rights.

Amnesty International has called upon the Tajikistan government to: introduce effective domestic abuse laws, and carry out a nationwide public awareness campaign to address the practices of unregistered, polygamous, and early marriages.  They have also urged a removal of all barriers to girl’s education and address the root causes of girls dropping out of education.

For information, please see:

Reuters- Tajikistan Fails to Curb Abuse of Women: Amnesty- 23 November 2009

Amnesty International – Tajikistan Women Beaten, Abused and Raped in the Family-24 November 24, 2009

BBC News- Amnesty: Nearly Half of Tajik Women ‘Regularly Abused’- 24 November 2009

Chinese Activist Sentenced for State Secret Laws

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China -  After helping families whose children died during the earthquake in Sichuan in May last year, Huang Qi, a veteran dissident, was sentenced to three years in prison. He was arrested after raising awareness about poorly built schools which collapsed and killed thousands of children during China's massive earthquake last year. Huang was taken by the police in Chengdu in June 2008 and has been held in custody ever since. 

The verdict was delivered at the close of a 10-minute hearing at Wuhou District People's Court in the city of Chengdu. Very few details about the charge were released, although activist's wife and mother were allowed to enter the court to hear the sentence, and were present when Huang was given the maximum jail term for this crime. 

There is great concern that Huang was imprisoned for illegally holding state secrets in what some believe is an attempt by the Chinese government to squelch such information. Amnesty International said Huang was a victim of China's "vague" state secrets laws, and that he should be released immediately. "The Chinese government is penalizing someone who is trying to help the victims of the Sichuan earthquake," said Sam Zarifi, Amnesty International's Asia Pacific director.

 Photograph of Huang Qi. Image Courtesy of Times Online.  

The government linked its charge against Huang in connection to the human rights Web site he founded. He was detained in 2008 after he made several posts on his blog that criticized the government's response to the massive earthquake that struck Sichuan province a month earlier and killed about 90,000 people.  

According to one news source, Huang had also spoken to foreign media outlets about parents' accusations that their children had been crushed in badly built schools. The government has attempted to quash such complaints, fearing the contentious issue could undermine the admiration and goodwill it earned for the massive rescue effort it led, boosted by volunteers and international aid.

Zeng, Huang's wife, said the Wuhou district court in the western city of Chengdu gave no details about the state secrets charge, an ill-defined accusation often used by Communist leaders to clamp down on dissent and imprison activists. As a result of the charge, authorities were able to bar Huang from seeing his lawyer, and forbid the photocopying of court documents, according to Amnesty International. 

This current bout with authorities is not the only time that Huang has been imprisoned for voicing his opinion. He previously served a five-year sentence for "inciting the subversion of state power" in connection with material published on his website.  

Huang is not the only activity to investigate the Sichuan schools issue and is also not the only one to be prosecuted for his actions - or words.

For more information, please see:

BBC News - China activist Huang Qi sentenced to three years  - November 23, 2009 

Yahoo! World News - China activist who spoke out on quake gets 3 years - November 23, 2009 

ABC News - China Activist Who Spoke out on Quake Gets 3 Years  - November 23, 2009 

The Guardian - China jails earthquake activist - November 23, 2009 

North Korea Dismisses UN Resolution on Human Rights

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea – Earlier this week, the UN adopted a resolution condemning North Korea for its “systematic, widespread, and grave violations” of human rights in a 96 to 19 vote and urged Pyongyang to “respect fully all human rights and fundamental freedoms.”

This resolution, adopted on Thursday, was co-sponsored by 53 nations and was approved by a special committee of the UN General Assembly.  As a result of this resolution, the UN will be conducting a comprehensive review called Universal Periodic Review (UPR) of the human rights conditions in North Korea next month.  All UN member states are subject to UPR.

Some of the human rights abuses mentioned in the resolution include cruel and degrading punishment such as public executions and extrajudicial detentions, which are all prevalent in North Korea.

Demonstrators protesting North Korean refugee repatriation.  Courtesy of AFP.

The resolution also expressed concern for fundamental freedoms of children, especially in terms of lack of access to basic economic, social and cultural rights, and the rights of North Korean refugees who seek asylum.

South Korea was a co-sponsor and voted for this resolution.  Its Foreign Ministry released a statement saying they voted in favor because human rights are “universal values that must be handled separately from other matters.”

North Korea’s Foreign Ministry dismissed the UN resolution for being groundless.  A spokesman for the North’s Central News Agency said the resolution is “nothing but ‘a stereotype political plot’ that forges hostility against the North every year.” 

He added, “As we always did (in the past), we squarely reject the ‘resolution’ that the U.S. and its followers manipulated to harm our ideology and system under the pretext of protecting human rights.”

The UN also pointed out how North Korea continuously refuses to cooperate with UN special agents who monitor human rights in North Korea.

Although this resolution is not binding, it does lay the foundation for UN members to take action against North Korea for its human rights violations.

For more information, please see:

The Korea Times – UN Condemns Human Rights Abuses in North Korea – 20 November 2009

JoongAng Daily – Seoul backs UN vote condemning North – 21 November 2009

Yonhap News – U.N. urges N. Korea to respect all human rights – 20 November 2009

Japan Urged to Help Improve North Korea’s Human Rights

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

NEW YORK, United States – Several nongovernmental organizations have submitted a letter to the prime minister of Japan asking the new Japanese government to take leadership in help improving human rights in North Korea.

Prime Minister of Japan, Yukio Hatoyama.  Courtesy of Reuters.

These organizations have also urged Japan to focus on North Korean refugees and the fate of Japanese who migrated to North Korea between 1959 and 1984.

Although Japan has previously raised awareness regarding North Korea’s human rights abuses, for example, the plight of Japanese abductees, the letter to the prime minister encouraged Japan to “play a stronger and more proactive role in promoting and protecting the human rights situations in North Korea.”

To do so, the organizations provided suggestions, such as raising human rights issues with North Korea in the future, pressuring China to protect North Korean refugees, accepting North Korea refugees who have no ties to Japan, and continuing to accept former migrants who return to Japan from North Korea.

Tokyo director of Human Rights Watch Kanae Doi said, “Abuses against North Korea take place right on Japan’s doorstep, but Japan has been largely silent on human rights issues except for abductions of Japanese citizens.” 

Doi added “The new Japanese government should lead the way in raising wider human rights issues with North Korea.”

Between 1950s and 1980s, more than 93,000 Japanese migrated to North Korea as a result of a campaign by pro-North Korean groups which labeled North Korea as “heaven on earth.” 

However, according to North Korean defectors, the North Korean government sent some of those migrants to labor camps where they died of starvation, lack of medical care and physical abuse.  Some migrants who escaped North Korea have resettled in Japan, but the Japanese government does not have a clear policy on their resettlement.

Just last month, Japan, along with the European Union, submitted a resolution to the UN General Assembly in efforts to bring more awareness to the human rights conditions in North Korea.

“Improving human rights conditions in a country such as North Korea is a daunting task, but Japan should not waste this opportunity to help North Koreans both in and outside the country,” said Doi.

The letter to the prime minster also included topics such as offering food aid to North Korea and including human rights in bilateral and multilateral talks with the North.

For more information, please see:

Human Rights Watch – Japan: Press North Korea on Human Rights – 19 November 2009

Human Rights Watch – Joint letter to Japanese Prime Minister Yukio Hatoyama on North Korea – 19 November 2009

Ministry of Foreign Affairs of Japan – Japan-North Korea Relations – May 2004

Beijing's 'Black Clinics'

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China -  Unlicensed clinics and illegitimate doctors are treating China's ill citizens too poor to seek professional care. Beijing city government admits that the Chinese capital has a problem with illegal medical centers - known as black clinics. 

In 2008, Beijing city government closed down more than 3,300  unregulated, and sometimes dangerous, clinics. The facilities are set up to serve the capital's poorest people, most of whom are migrant workers who have traveled to the city in search of work. They offer a cheaper alternative to the city's government-backed clinics and hospitals. Though less expensive, the clinics are often dirty and lack the trained medical personnel to offer professional medical advice. It is also uncertain where these clinics obtain their medical treatment and equipment.

Most of these 'black clinics' are found on the outskirts of the city, often near large construction sites that can employ hundreds of migrant workers. The clinics are popular among migrant worker communities because most migrant workers are left out of the health care system in cities in China. According to one construction worker, Hu, he stated, "We never visit big hospitals. It costs at least 300 ($44) to 500 yuan ($73) to go there." This figure is significant when laborers like Hu earn a monthly income of about 1,000 yuan ($146). As a result, a recent report issued by the Chinese government shows that unlicensed clinics and illegitimate doctors still rampant on 26 streets and compounds in seven districts, in Beijing, despite government attempts to rid the city of these illegal practices.

The problem persists even though China is currently in the middle of reforming its health care system and is trying to provide everyone with basic health insurance. Officials hope to persuade poorer people that they could be endangering their health by visiting black clinics.  According to one health authority, "As illegal medical practices are mainly concentrated in the hidden integration of urban and rural districts and rural areas, they are difficult to combat."

Foreigners and many non-locals of Beijing have access to most of the public and private hospitals. It follows that, a number of foreign hospitals have become popular among expats and wealthy locals. Only by investing 20 million yuan ($2.9 million) can foreign-funded hospitals and clinics meet the government standards, in an attempt to ensure quality, and as a result, these foreign funded hospitals are more likely to accept private health insurance from abroad rather than their Chinese publicly funded counterparts - leaving poorer local citizens to fend for themselves.  

For more information, please see:

Global Times - Beijing outlines ills and cures for popular but bogus clinics - November 20, 2009

BBC News - Beijing's poor visit illegal clinics  - November 20, 2009

China Daily - Illegal clinics put patients at risk - October 20, 2009