Australian Author Denied Bail in Thailand

Australian Author Denied Bail in Thailand

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – French expatriate and author Harry Nicolaides was charged of “lese majeste” and jailed in Thailand since August. On December 4, Reporters Without Borders called for the immediate release of Nicolaides who faces up to 15 years in jail. Reporters Without Borders said, “We urge the Australian authorities to do everything within their power to secure the repatriation of Harry Nicolaides as quickly as possible.” The organization added, “He is being held in very harsh conditions and his morale is at a very low ebb.”

Nicolaide’s lawyer claims Nicolaides is suffering from poor health and requested bail on the grounds of medical reasons. The lawyer’s request was rejected for the fourth time on November 22.

The Thai government does not allow any published material that insults the Thai monarchy. The charges relate to Nicolaide’s book published three years ago, Verisimilitude, which alluded to the Crown Prince mistreating one of his mistresses.  The book did not gain much success as only 50 copies were sold; however, it was dug up by Thai authorities and Nicolaides is in jail for writing a book that was deemed to insult the Thai monarchy.  Nicolaides has since retracted his book and insists that he never meant to insult the Thai monarchy.

Australia’s Foreign Minister Stephen Smith said Nicolaides “has been refused bail on four separate occasions, which we of course regret, but it’s not possible for the Australian Government to seek to interfere in the judicial or legal processes of another country.” In the meantime, Smith said the Australian Embassy in Thailand has made 30 representations to the Thai government about Nicolaides’ case and is “treating this very seriously.”

Thailand has accused and arrested other nationals for insulting their monarchy in the past. In 2006, a Swiss National was arrested and sentenced to 10 years in prison for insulting the Thai monarchy and he was ultimately released and deported after a few weeks. Earlier this year, a BBC journalist was accused of insulting the Thai monarchy a charge that BBC vehemently denies.

For more information, please see:

AP – Thai King’s Illness Sparks Anxiety Amid Crisis– 4 December 2008

RSF – Australian Author Denied Bail for the Fourth Time– 4 December 2008

The Australian – Stephen Smith Cannot Help Jailed Aussie Harry Nicolaides in Thailand – 9 December 2008

Suicide Bombing in Iraqi Restaurant Kills 50, Increases Tensions in the City

By Lauren Mellinger
Impunity Watch Reporter, Middle East

KIRKUK, Iraq – On December 11, a suicide bomber killed 50 people and wounded more than 100 in a crowded Kurdish restaurant in the city of Kirkuk. 

Iraqi authorities have stated that the bombing was deliberately designed to maximize casualties, coinciding with the Muslim holiday of Eid al-Adha, when many people were celebrating with their families.  In addition, a “meeting of understanding” between Kirkuk’s Arab and Kurdish leaders was happening in the restaurant at the time of the attack.  Authorities believe this meeting was the primary target of the attack.

Iraqi government officials maintain that this latest bombing is an attempt to provoke extremists in  mixed ethnic areas of Iraq as the US plans for withdrawal, challenging the Maliki government’s ability to maintain control over the country without US backing.

According to Joost Hilterman, an expert on Kurdish politics with the International Crisis Group, “The real objective is to sow division between the various communities and inflame passions among the extremists among them – of whom there are plenty in all the communities – and set them up against one another.  If it happened in a Kurdish restaurant, where there were Arabs earing, the Kurds will blame the Arabs and the Arabs will blame the Kurds for not protecting them.”

This latest suicide bombing underscores the tensions in the city.  Although the insurgent attacks have not targeted Kirkuk as frequently as other large cities, Kirkuk continues to suffer from sectarian divisions between Iraq’s majority Arab population and the minority Kurdish population.  Both sides are seeking control of the city, which sits on top of a massive oil reserve.

Oil is at the center of the dispute over control of Kirkuk.  While the Arabs and  Turkmen minority maintain that the oil should be controlled by the central government, the Iraqi Kurds maintain that having been victims of Saddam Husseins “Arabisation” plan, which brought an influx of Arabs into the city and expelled many Kurds and other minority ethnic groups from the city, Kirkuk should become part of an autonomous Kurdistan.

According to Major General Torhan Abdul-Rahman, the Deputy Police Chief in Kirkuk, the attack is one of the deadliest suicide bombings since the Iraq War began.  While no group has yet claimed responsibility for the attack, according to Major General Yurhan Yusef, the Kirkuk Police Chief, the attack was likely carried out by a Sunni insurgent group.

Tensions are so high in the city that January’s provincial elections will not be held there, for fear that the elections will spark an increase in violence.

For more information, please see:

Asharq Alawsat – Suicide Bombing Kills 46 in Iraqi Restaurant – 11 December 2008

BBC – Analysis: Kirkuk Faultline – 11 December 2008

BBC – Iraqi Restaurant Blast Kills 50 – 11 December 2008

New York Times – Iraq Bomb Kills 48 in Volatile North – 11 December 2008

Human Rights Activists Prevented from Leaving Iran, Tunisia

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

LONDON, United Kingdom – On December 11, Amnesty International released a report that discussed the arrests of human rights activists trying to travel abroad on December 10.

In Tehran, Iranian human rights lawyer Nasrin Sotoudeh was prevented from boarding a flight to Italy, where she was going to receive an award.  Sotoudeh has worked on several women’s rights cases, and she defended a 16-year-old boy who was sentenced to death.   Sotoudeh said that she was preparing to board the flight when her named was announced over the public announcement system and three plain clothes men approached her.    She said that her passport was taken with no explanation, and she was informed that she had 72 hours to present herself at an address in Tehran. According to Sotoudeh, “There was no legal written order. What they did was illegal.”  Sotoudeh’s husband and children were allowed to board the flight and her husband will be receiving the award on her behalf. 

According to Amnesty International, Iran’s actions are part of a continuing policy.  In March, women’s rights activist and journalist, Parvin Ardalan was stopped an the airport in Tehran while boarding a flight to Sweden where she was to receive an award.  In October, women’s rights activist Sussan Tahmasebi was stopped trying to board a plane to South Africa, where she was to attend a conference.

In Tunis, journalist, Lotfi Hidouri was detained by Tunisian authorities when he tried to board a flight to Beirut.  Hidouri writes for the independent online news magazine Kalima. His wife told media sources that she received a call informing her that Hidouri had been taken to the Bouchacha detention center outside Tunis.  He was taken before the prosecutor on December 11. Moments before Hidouri was detained, authorities arrested Mohammad Abbou, a human rights lawyer and writer, who was also boarding the plane to Beirut. 

Both Hidouri and Abbou were going to Beirut for the Third Arab Free Press Forum.  They were to take part in a special forum about the increasing censorship and harassment that Tunisian journalists face.  According to Abbou, Hidouri was detained for failure to pay a fine dating back to 2002.  As for Abbou, he was conditionally released from prison in July 2007 and was prevented from boarding the plane on grounds that he lacked sufficient documentation stating that he was not subject to parole restrictions.  Abbou has been stopped five times in the last year, while attempting to travel. 

In its report, Amnesty International (AI) calls on Iran and Tunisia to lift the travel bans.  AI urged the governments of these states to remember their obligations and dedication to Human Rights, especially in light of the 60th Anniversary of the signing of the Universal Declaration of Human Rights on December 10.

For more information, please see:

ANSA – Teheran, Impedito Viaggio in Italia Avvocatessa Iraniana [Tehran, Prevents Iranian Lawyer from Traveling to Italy – 12 December 2008 [In Italian]

Menassat – Tunisia: Two Participants to Beirut Free Press Forum Stopped at Airport – 12 December 2008

The Post (Pakistan) – Iran Bars Woman Rights Activist from Leaving – 12 December 2008

Reporters Without Borders – Journalist and Human Rights Lawyer Prevented from Attending Arab Media Forum in Beirut – 12 December 2008

Amnesty International – Human Rights Defenders Barred from Leaving Iran, Tunisia – 11 December 2008

Reuters – Rights Activists Says Barred from Leaving Iran – 11 December 2008

Pacific Forum Threatens to Suspend Fiji

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – After meeting with members from Fiji’s interim government yesterday, the Pacific Island Forum is now threatening to suspend Fiji from the group.

On Thursday, leaders from Australia, New Zealand, Papua New Guinea, Samoa, Tonga and Tuvalu met to discuss the political situation in Fiji. The Pacific Island Forum Ministers Contact Group expressed their dissatisfaction with Fiji’s efforts to uphold its promise to restore democracy.

At the meeting, Fiji’s Prime Minister, Commodore Voreqe Bainimarama, confirmed his plans to wait to hold elections until May 2009.

The meeting was called to discuss not only the date of the election, but also the possible outcomes and political consequences of a democratic election in Fiji.

Foreign Ministers from New Zealand and Australia, Murray McCully and Stephen Smith, say that the meeting was honest and constructive, but hope that the threat of suspension from the Pacific Forum will encourage Fiji to make good on its promises.

In 2006, Bainimarama led a military coup of Fiji’s Federal Government. Since that time, the ousted SDL Party has expressed growing concerns that the interim government will not make good on its promise to restore democracy. In October, a three judge court validated the 2006 coup, giving legitimacy to the interim government.

“The international community can’t and won’t sit idly by without seeing progress,” Smith said.

For more information, please see:
Radio New Zealand International – Fiji faces prospect of suspension from Pacific Island Forum – 11 December 2008

BBC News – Fiji urged to hold elections soon – 11 December 2008

ABC News – Fiji hurt by political turmoil: Smith – 11 December 2008

Terrorist Attacks in Mumbai

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MUMBAI, India – The terrorist attacks in Mumbai resulted in 188 people dead and at least 200 injured. The gunmen opened fire in several locations including a railway station, restaurant, hospital, a Jewish center, and two hotels, the Taj Mahal Palace and Oberoi-Trident.

India has made clear that it suspects that the attacks originated in Pakistan. India believes that the attack “was carried out by elements from Pakistan” and “the government expects that strong action would be taken against those elements.”

Pakistani President Asif Ali Zardari told CNN’s Larry King that “Pakistan is in no way responsible.” “Even the White House and the American CIA have said that today. The state of Pakistan is, of course, not involved. We’re part of the victims.”

One of the captured gunmen is held in police custody. According to Indian officials, he is Pakistani and trained by Lashkare-Tayyiba, a terrorist group based in Pakistan that has aligned itself with al Qaeda. Lashkare-Tayyiba has denied any involvement.

Indian External Affairs Minister Pranab Mukherjee stated that the 10 attackers hijacked a trawler in Karachi and arrived in Mumbai by way of dinghies.

Mumbai’s police chief, Hasan Gafoor, said that a global positioning system (GPS) was recovered showing that the attackers originated in Pakistan.

India has demanded that Pakistan extradite 20 suspects who have taken refuge in Pakistan. Most of them are rebel leaders and many were connected to the 2001 attack on India’s Parliament and the 2006 attack on the Indian embassy in Afghanistan.

Pakistani Foreign Minister Shah Mahmood Qureshi stated that “this is not a time to point fingers” and proposes a common strategy between the two countries.

U.S. Secretary of State Condoleeza Rice said as she went to New Delhi, India, “Everyone should cooperate fully, and Pakistan in particular needs to cooperate fully and transparently.”

For more information, please see:

BBC News – India Makes Protest to Pakistan – 1 December 2008

CNN – Rice Heads to India to Ease Tensions – 2 December 2008

U.S. News & World Report – India Points Finger at Pakistan Over Mumbai Terrorist Attacks – 2 December 2008