Vanuatu Man Dies in Custody, Report Criticizes VMF

Vanuatu Man Dies in Custody, Report Criticizes VMF


By Eileen Gould
Impunity Watch Reporter, Oceania

PORT VILA, Vanuatu – A recent report by Vanuatu’s Coroner, in connection with the death of a man being held in police custody, recommended that the government make changes to the Vanuatu Mobile Force, the nation’s police paramilitary unit.

A man recently died while being held by the VMF. As a result, the Vanuatu Coroner, Justice Nevin Dawson, issued a report, which included comments criticizing the VMF.  Dawson described the paramilitary unit as elitist and having a ‘culture of violence and no respect for the law’.

The report said that the Force uses intimidation tactics to get to its opponents.  Dawson recommended that the government control this police unit more.

Government officials claim that his has been a major issue in Vanuatu for many years and were happy to see this issue being addressed.

Ralph Regenvanu, a MP for the government, said, “[t]he fact that there are elements within our Police Force and Vanuatu Mobile Force who have no respect for human rights, they think they are above the law.  This has been mainly with regard to brutality against young people, against detainees.  The way they deal with or do not deal with domestic violence.”

He further commented that although this is the way the VMF has been for many years, the situation hasn’t improved due to continued funding efforts from Australia.

Vanuatu’s government demands that this funding must be cut off since it has done nothing to reverse the trend of violence in Vanuatu.

Academics predict that if the death of this man is not investigated properly, the culture of violence will become worse.

Dr. Andrew Ladley, an adjunct professor at Wellington’s Victoria University, has worked on constitutional and electoral issues in the Pacific region.  He believes that this police force will continue to behave improperly and that Vanuatu could in fact experience a crisis.

Politicians responsible for taking action in light of this incident recognize the fact that the VMF uses intimidation tactics.  Ladley said, “[t]his is potentially a very big crisis looming for Vanuatu, if it isn’t tackled properly”.

For more information please see:
Radio New Zealand International – Australia urged to stop funding Vanuatu’s VMF – 19 March 2010

Radio New Zealand International – Vanuatu MP welcomes report which slams police culture and attitudes – 18 March 2010

Radio New Zealand International – Vanuatu govt moving delicately over Coroner’s report for fear of a coup says MP – 18 March 2010

Radio New Zealand International – VMF actions could spark Vanuatu crisis, warns academic – 17 March 2010

Death Penalty Sparks Debate in Taiwan

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan – Capital punishment has stirred up a debate in Taiwan, leading to the resignation of the country’s justice minister and a letter from Amnesty International to the country’s president.

Taiwan has not carried out executions in the past four years and just last week, Taiwan’s Justice Minister Wang Ching-feng affirmed that no executions would take place during her term.

However, her comment drew heavy criticism from the Taiwanese public, which resulted in her speedy resignation.

Like many of its neighbors, Taiwan has not abolished the capital punishment system and reserves death penalty for serious crimes, e.g., aggravated murder, kidnapping and robbery.

Furthermore, opinions polls show that there is a widespread public approval of capital punishment and that sentiment has not diminished over the years.  In an interview conducted by United Daily News last week, 74% of the interviewees in Taiwan said they support capital punishment. 

Conversely, Taipei Bar Association’s Human Protection Committee is working to end capital punishment. 

Hsueh Chin-feng who heads the Committee said, “We have a long way to go before Taiwan formally abolishes the death penalty.  Wang’s resignation has dealt a further blow to the cause of ending capital punishment. . . .”

Amnesty International also sent a letter to Taiwan’s President Ma Ying-jeou urging him to end death penalty and set an example for other Asian countries to follow.

The letter said, “We [Amnesty International] look to Taiwan as a leader in the region on progress toward abolition. . . The lives of the 44 inmates on death row must not be comprised . . . Taiwan should . . . abolish capital punishment in row or practice.”

One of the death row inmates, Su Chien-ho, was initially sentenced to death back in 1995.  Su spent most of his adult life on death row for murder.  He went through series of trials, and another retrial has been ordered by Taiwan’s Supreme Court.

Rights activists argue that Su’s situation exemplifies a flawed death row case.  Other activists have expressed concern over the risk of executing the innocent.

In another public opinion poll, only 35% of Taiwan’s public said that they view life imprisonment as an acceptable replacement of capital punishment.

For more information, please see:

Taipei Times – Capital punishment debate stirs up Taiwan – 20 March 2010

Taiwan News – Death penalty row risks Taiwan’s image – 19 March 2010

Taiwan Today – Amnesty International urges Ma to end death penalty – 19 March 2010

Gay Men Arrested for Protesting Military Policy

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States – Another chapter was added to the struggle over the ongoing effort to repeal the United States military’s “Don’t Ask, Don’t Tell” policy yesterday. The policy bars United States homosexual soldiers from serving openly while on duty. Lieutenant Daniel Choi and Captain Jim Pietrangelo were arrested in front of the White House after chaining themselves to the White House fence in protest of the policy.

Both Lt. Choi and Capt. Pietrangelo are openly gay soldiers serving in the United States Army.  As a leader in the fight to overturn the “Don’t Ask Don’t Tell” policy, Lt. Choi has become an outspoken activist for a quick repeal of the law.  Lt. Choi is a 2003 graduate of the United States Military Academy at West Point.  He also is a veteran of the Iraq war.  Lt. Choi is one of the few Army soldiers who is an Arab languages expert.  During an appearance on a newscast he stated that he was gay.  This occurred while Lt. Choi was serving in the New York National Guard. His announcement led the Army to begin discharge proceedings against him.  Pietrangelo is a former captain in the United States Army.  Capt. Pietrangelo also is in a fight with the Army over discharge proceedings based on his homosexuality.

To heighten their protest of the “Don’t Ask, Don’t Tell” policy, Lt. Choi and Capt. Pietrangelo rallied with other opponents of the policy in front of the White House.  Dressed military fatigues, Lt. Choi and Capt. Pietrangelo decided to chain themselves to the fence surrounding the law of the White House.  Police gave them three warnings to stop protesting and to unchain themselves from the fence before they were arrested.  They were charged with failing to obey a lawful order.  The protestors did not have a permit for their demonstration.

Over the last few months, Congress and President Obama have begun to reassess the “Don’t Ask, Don’t Tell” policy.  The policy’s repeal is supported by President Obama and some leaders in the military.  Other military leaders support the idea of repeal but believe that the repeal process should be slow and deliberate.  Lt. Choi previously stated that the repeal process is moving too slow and favors a quick repeal.  Lt. Choi stated, “but we learned this week that the president is still not fully committed” to ending the policy.

For more information, please see:

Newsweek – Lt. Dan Choi to See Judge Today, One Day After Handcuffing Himself to White House Gate – 19 March 2010

Washington Post – Two gay men arrested in White House protest – 19 March 2010

CBS – Lt. Dan Choi Arrested at White House During Gay Rights Rally – 18 March 2010

NY Daily News – NYer Dan Choi, Iraq war vet, held after chaining himself to White House to protest policy on gays – 18 March 2010

Croatia Discriminates Against Roma Students Says ECHR

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

STRASBOURG, France – The European Court of Human Rights (ECHR) ruled this week that Croatia violated the rights of Roma students when it forced them into segregated classes in Croatian public schools.

Fifteen Roma students were segregated into separate classes in two primary schools in Croatia. All of the students were Croatian citizens of Roma ethnicity. The public schools were located in Macinec and Podturen, small villages in the north of Croatia. The villages in that area of Croatia in are in general understood to have negative views of the minority Roma population, like many areas of central Europe.

The ECHR ruled that segregating the students based on language alone constituted discrimination in violation of the EU Convention of Human Rights.As a result of the ruling, Croatia must pay the students 77,500 Euros, which amounts to 4,500 Euros each in compensation and 10,000 Euros in court fees.

This decision builds on previous ECHR rulings, where segregation of Roma students into within public schools based on ethnicity and in separate special schools for children with mental disabilities was ruled discriminatory.

The Roma students in this case initially brought a lawsuit in Croatia’s trial courts, but that case was summarily dismissed. An appeal to the Croatian Constitutional Court was likewise denied. The defense in previous litigation successfully argued that fully segregated classrooms were necessary based on Roma students needing additional class time on learning the Croatian language.

According to Lydia Gal of the European Roma Rights Center (ERRC), the European Union will likely penalize Croatia in its effort to be admitted to the EU in 2012 as a result of this decision. Dzavit Berisha of the ERRC said that those of Roma ethnicity will continue to face discrimination in Croatia, despite this decision.

For more information, please see:

B92 – EECHR: Croatia discriminating against Roma children – 17 March 2010

CROATIAN TIMES – Croatia to pay Roma €77,500 for school segregation – 17 March 2010

BBC – European Court says Croatia violated Roma rights – 16 March 2010

PR NEWSWIRE – Europe’s Highest Court Rules Roma School Segregation by Language Illegal – 16 March 2010

United States Looks to Return Child Soldier to Canada

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – The United States is quietly looking for a way to return one of the five Guantanamo detainees set to be tried at a military tribunal. An anonymous source told Canwest news service that the United States does not want to try Omar Kadar, the youngest detainee to be held at the prison for war crimes.

Omar Khadr, The youngest detainee at Guantanamo bay, was just fifteen when he was arrested. An anonymous source has said the United States government may be looking to repatriate Khadr to Canada. (PHOTO: AFP)

Khardr who is a Canadian citizen was only fifteen years old when he was first sent to Guantanamo in 2002. He was taken prisoner in Afghanistan after he allegedly threw a grenade at United States solders killing one. He is the youngest person and the only westerner still being held at the Guantanamo Bay Prison in Cuba.

According to an anonymous source within the Obama administration the United States “[does] not have the stomach to try a child for war crimes.” The anonymous source also said that there might be political repercussions to not trying Khadr. As a result the United States is looking to Canada to make the first move.

Last month, Canada’s Supreme Court held that the Canadian government had violated Kadar’s rights but fell short of ordering the Canadian government to demand repatriation for Kadar. The court found that officials from the Canadian Foreign Affairs and Spy agency had violated Kadar’s rights by questioning Khadr rafter he had been exposed to torture. The Canadian government who has long sought to stay out of the situation has softened its position some by asking the United States government not to use shared evidence in prosecuting Kadar.

The United States Department of Justice declined to comment on the issue. Spokesman for the department Dean Boyd said “Omar Khadr Hs been referred for [a] military commission prosecution….I have no comment for you on whether or not there are any discussions between the United States or Canada regarding Omar Khadr’s case.”

Khadr will have to answer to five charges if brought before the military commission. Among those charges is the murder of Delta Force Sergeant Chris Speer who died from injuries resulting from the hand grenade Khadr allegedly threw. The department of justice has said they will not seek the death penalty if Khadr is convicted but will only consider his age as a mitigating factor. Inside sources in the department of justice have said that while Khadr will face a long prison sentence if convicted the Department of Justice will not seek a life sentence.

For more information, please see:

AFP – U. S. Weighs Guantanamo Inmates Return to Canada – 8 March 2010

All Headline News – U. S. May Repatriate Omar Khadr from Guantanamo – 8 March 2010

National Post – U. S. Looks For a Way to Return Khadr – 8 March 2010