Caning of Malaysian Model Delayed

August 25, 2009

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia– Caning of a Malaysian model and mother of two, Kartika Sari Dewi Shukarno, who would have been the first women in Southeast Asia to be caned for drinking beer in public, has been delayed. Malaysia’s Islamic court postponed the caning until after Ramadan saying that the punishment was too harsh.

Kartika was arrested by Islamic morality police in December 2007 for drinking beer at a beach resort. 60% of Malaysia’s population of 27 million are Muslims, and they are prohibited from drinking alcohol. If found guilty of violating this Islamic law, such offense is punishable by up to three years in prison and caning.

Malaysia also has a dual-track justice system where Islamic courts operate alongside civil courts. Malays are subject to Islamic laws while Chinese and Indian minorities are not. Further, caning is used as a supplementary punishment for about 40 crimes in Malaysia, but caning is not a punishment for drinking alcohol in public in Malaysia’s civil courts.

Kartika Sari Dewi Shukarno (Source: AFP)

Had the sentence been carried out, Kartika would have received six strokes with a rattan cane in addition to a $1,400 fine.

This case and Kartika’s plight has drawn widespread international attention regarding the use of Islamic laws in addition to raising questions as to whether radical Islam was starting to grow in a traditionally moderate Muslim country.

However, Minister Shahrizat Abdul Jalil of Women, Family and Community Development, who was once concerned that Kartika’s sentence “projected a ‘cruel image’ of Malaysia,” said, “I am impressed with, and commend, the chief judge’s wisdom for making the order of revision.”

Malaysia’s prime minister is urging Kartika to appeal since she is unique in that she has chosen to go through with her sentence. However, she has told reporters that she will not file an appeal. Her family is refusing to comment.

For more information, please see:

AP – Malaysian court puts caning of woman on hold – 25 August 2009

BBC – Malaysia to review caning woman – 25 August 2009

CNN – Malaysia postpones woman’s caning – 25 August 2009

Rebel Groups in Darfur Establish a Unified Front

August 24, 2009

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

DARFUR, Sudan – Four prominent Darfur rebel groups have agreed to establish a unified front after a U.S.-sponsored negotiation in the Ethiopian capital Addis Ababa over the weekend.

Although the four factions: the United Resistance Front (URF), the Sudan Liberation Movement – Abdulwahid, the Sudan Liberation Movement – Unity, and the Sudan Liberation Movement – Abdulshafi have not yet agreed on specific ways to facilitate peace within the groups, they have agreed on a road map to unify their struggle and engage in peace talks.

The U.S. special envoy to Darfur, Scott Gration mediated the agreement between the factions and was present during the signing. He called rebel unity a prerequisite for political talks on stopping the war that has lasted for over six years, killing an estimated 300,000 people.

“It’s a remarkable achievement,” said Gration. “What I’ve seen with these groups is that they are working so hard to ensure that we learn from past attempts to reunify, to get peace; and this time to make it lasting and durable,” he continued.

The rebel factions have created a committee in order to continue to deal with the remaining issues which have been the cause of conflict between the groups. One major issue that remains is that of leadership. Initially they planned to elect their “unity leadership” in Addis Ababa, although there is no concrete final agreement on the leadership post as of yet.

Even though the peace talks are a step in the right direction, Ahmed Abdulshafi Toba, chairman of Sudan Liberation Movement – Abdulshafi said the unity talks do not include a ceasefire. Also, one of the main rebel groups, Justice for Equality and Movement (JEM) did not take part in the unity talks due to their previous disagreements with U.S. envoy Gration.

There are currently 30 different rebel groups in Sudan fighting for their cut in the oil industry and for fair representation in the national political system.

For more information, please see:

All Africa – Sudan: U.S., Africa Step Up Darfur Peace Drive – 24 August 2009

Daily Nation – Darfur Rebel Factions Unite for Peace Talks – 24 August 2009

VOA – Four Darfur Rebel Groups Reach Unity Deal – 23 August 2009

AFP – US Envoy Pledges to Help Darfur Rebels Unite – 22 August 2009

Civilians Killed in Mogadishu During Ramadan

August 23, 2009

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – At least five civilians were killed in the Somali capital during an exchange of fire that broke out on Saturday night.

The fighting occurred in southern Mogadishu’s Hodan and Holwadag neighborhoods between rebels and government forces, who were backed by African peacekeepers. Some of Saturday’s fighting was centered on a strategic road linking the capital with the town of Afgoye. Each side of the conflict accused the other of starting the fighting.

Residents of the neighborhoods say that the fighting has died down since Saturday, although the hard-line Islamist rebel leader Hasan Dahir Aweys has vowed to intensify the war against the Somali government and the African peacekeepers. He declared his intentions to continue the violence during Ramadan, against President Sheikh Sharif Ahmand’s call for a ceasefire during the holy month.

“We will not accept that ceasefire call. This holy month will be a triumphant time for mujahideen and we will fight the enemy,” said Aweys.

The radical leader also accused African Peacekeepers of having recently deployed additional troops in the capital city.

“They deployed more troops to worsen the security situation in Somalia, but we will never stop fighting them until they leave our soil alone,” continued Aweys.

President Ahmed’s United Nations-backed government is viewed as the countries best hope for a return to stability after almost 20 years of conflict, although it holds only small pockets of the capital and parts of the south.

Aweys claims there are efforts under way to unify his group, Hizb Al-Islam and the al-Qaeda inspired rebel faction known as the Shebab. Both groups are the two main factions in the insurgency bent on taking over President Ahmed and ousting the African Union forces from the country.

This violence follows Friday’s battles between the same groups, where more than 20 people were killed in Mogadishu. So far, thousands of civilians have been killed and more than a million driven from their homes from the fighting that has taken place over the past two years.

For more information, please see:

AFP – Six Civilians Killed in Somali Capital – 23 August 2009

BBC – ‘Several Dead’ in Somali Clashes – 23 August 2009

Reuters – Somali Insurgents Reject Ramadan Ceasefire Call – 23 August 2009

VOA – 5 Killed in Mogadishu Fighting – 23 August 2009

Interim PM Says Fiji Will Try to Avoid Suspension

August 23, 2009

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – Fiji’s interim prime minister says he will try to avoid suspension from the Commonwealth after it threatened to remove Fiji from the group if the interim government did not take steps to hold democratic elections.

The Commonwealth threatened to suspend Fiji from the group after the country’s interim PM, Commodore Frank Bainimarama, refused to restore democracy by May 2009 as originally promised. The Commonwealth has given Bainimarama until September 1st to hold elections.

In response, Bainimarama says he wrote a letter to the Commonwealth, in which he expressed his desire to hold elections sooner. He also insists that representatives from the Commonwealth visit Fiji to get a “better picture” of the political situation.

Meanwhile, Sir Paul Reeves, a co-architect of Fiji’s abrogated 1997 Constitution, was supposed to have hosted a Commonwealth team earlier this month, but that time proved inconvenient for the interim government.

The interim government proposed an alternative date of August 29th, but the Commonwealth declined because of its proximity to the September 1st ultimatum.

Bainimarama has yet to set a date for the review.

For more information, please see:
Fiji Broadcast Limited – Fiji’s Presidency and parliamentary systems to be reviewed – 23 August 2009

Radio Australia News – Fiji’s interim PM aims to avert suspension from Commonwealth – 22 August 2009

China View – Fiji awaits Commonwealth word on suspension – 21 August 2009

More allegations of police torture in Manipur

August 23, 2009

By Michael E Sanchez
Impunity Watch Reporter, Asia

Manipur, India– Another allegation of police violence has arisen after the family members of an NGO activist accused the police of third violent treatment.

Jiten Yumnam, an activist of the All Manipur United Clubs Organization (AMUCO) and a member of the Asia Pacific Indigenous Youth Network (APIYN) were arrested by the Manipur Police at the Imphal Airport on Monday. Yumnam was on his way to a United Nations meeting on climate change being held in Bangkok when state police charged him with supporting and aiding insurgency in the northeastern region. Kiran Mala, his wife said “We don’t even know why he has been arrested.”

NGO members and family member of Yumnam allege that the police inflicted third degree torture on Yumnam by subjecting him to electric shocks to his private parts, which left him impaired. These allegations of torture have been denied by the police. Superintendent of police of West Imphal L. Keilun has denied the allegation, stating “There is no evidence of such an attack. If there is proof then strict action will be taken. But I don’t think that the police can do such things.”

This however is not an isolated event where the police have overstepped their boundaries, in July police shot and killed a young man, Chungkham Sanjit and a pregnant passer-by Rubina Devi. Police claimed that Sanjit was killed in a genuine encounter and Devi was killed by Sanjit. Photos of the encounter published by a Dehli based magazine show that Sanjit was dragged inside a pharmacy and killed in cold blood. Dr. Sukendu Debbarma, Convener in a press note stated that the Manipur government, has tried to subdue voices of protest against the killing of Sanjit instead of acting against its Commandos quickly and decisively.

The North East People’s Initiatives has condemned the arrest of Yumnam, demanding his immediate and unconditional release. They have also demanded an “immediate disbanding” of the Manipur Police Commandos, stating they “have been given impunity in all crimes they have committed against the people of Manipur.”

For information, please see:

Times Now- Manipur protests over ‘fake encounter’– 4 August 2009

The Morung Express- Demand for unconditional release of Jiten Yumnam– 19 September 2009

Asian New International- Another Allegation of police torture surfaces in Manipur-20 September 2009

Times Now- Another police brutality in Imphal– 20 Septmeber 2009