Decree Grants Immunity to Fiji Coup Leaders

Decree Grants Immunity to Fiji Coup Leaders

By Eileen Gould
Impunity Watch Reporter, Oceania

SUVA, Fiji – The leaders of the coup that overtook Fiji’s democratically elected has been given full immunity from prosecution.

According to a report issued on Friday, Fiji’s military leader, Voreqe (Frank) Bainimarama, has been given full immunity from prosecution. A decree issued on March 22 gives full immunity to those who participated in the coups of 2000 and 2006.  The current president, Ratu Epeli Nailatikau, granted immunity to Bainimarama and the other members of the coup, a coup in 2000 as well as for an attempted mutiny at the Fiji army barracks.

Fiji’s former president Ratu Josefa Iloilo was also granted immunity from prosecution.  Iloilo abrogated the constitution in 2009, after the Court of Appeal said that Bainimarama’s coup was illegal.

Nailatikau’s decree grants immunity from criminal or civil actions to members of the police, military and prison service, as well as all individuals who acted under official orders.

According to the president of Fiji Law Society, Dorsami Naidu, the decree also awards immunity for future actions.

Individuals who have already been convicted of crimes will not be given immunity.  For instance, George Speight, businessman and leader of the 2000 coup, is serving a life sentence.

Mr. Speight and the other members of the coup gave themselves immunity but Bainimarama went back on this deal, and these men were arrested.

It is believed that the decree was issued in response to the decision by a court to award compensation to an individual who was tortured by individuals during the 2000 coup.

Fiji Law Society stated that the decree “basically does away with all actions, or all events that may have occurred, or that may be before a court or a tribunal or any body which would be seeking any form of damages, compensation, or any claim against the present regime.”

The Coalition for Democracy in Fiji states that individuals in power will not allow free elections to take place unless they have been granted full immunity from prosecution.  It allows them to get away with many egregious acts.

For more information please see:
Radio New Zealand News – Fiji leaders’ immunity decree ‘a mockery’ – 10 April 2010

Monsters and Critics – Fiji’s 2006 coup leaders give themselves legal immunity – 09 April 2010

Radio New Zealand International – Law society says Fiji coup leaders think they are above the law – 09 April 2010

Pirates Abandon Seized Vessel

By Brandon Kaufman
Impunity Watch Reporter, Middle East

NAIROBI, Kenya– The crew of a Turkish-flagged carrier is now back in control of the vessel after pirates abandoned the ship.  The ship was hijacked while en route to the Kenyan port of Mombasa.

The vessel, the Yasin C, was seized on Wednesday approximately 250 miles east of Mombasa.  Andrew Mwangura, of the East African Seafarer’s Assistance Program, told Reuters that the “Yasin C was abandoned yesterday.  The pirates abandoned it, and I think the crew will seek aid from the navy before coming to Mombasa.  All the 25 crew were unharmed.”  He added that the vessel had yet to arrive in Mombasa.

Faith Kabal, a spokesman for Bergen Shipping which operates the vessel, told Turkey’s state run news agency that “the ship’s captain gave the good news that the pirates had abandoned the ship.”  The crew had apparently locked themselves in the engine room until they realized the pirates were gone.

Over the last few years, piracy groups have seized dozens of ships in the Indian Ocean and Gulf of Aden.  And despite increased international naval patrols, pirate activity is expected to increase in the coming months as weather in the area is expected to improve.

It is unknown at this point why the pirates abandoned the vessel.

In a related story, the United States Navy said it captured six suspected pirates in the Gulf of Aden when the pirates opened fire on a navy vessel with small arms from their boat.  The USS Ashland fired two rounds at the pirate skiff from her 25-mm gun said a Navy spokesman.  The skiff caught fire and the suspected pirates abandoned their boat.  Personnel of the Ashland then deployed to assist the pirates who were in the water near the skiff.

For more information, please see:

National Turk- Hijacked Turkish Cargo Ship Released by Pirates in Indian Ocean– 10 April 2010

Reuters- Pirates Abandon Turkish-Flagged Ship off Kenya– 10 April 2010

AHN- Turkish Vessel Hijacked by Somali Pirates– 10 April 2010

Ethiopia Rebels Surrender

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

ADDIS ABABA, Ethiopia – After decades of guerrilla war, a rebel group in Ethiopia’s Somali region has agreed to lay down arms, according to the Ethiopian government.  This is to be accompanied by the rebel group’s participation in the Ethiopian political process, and is quite timely, given that nationwide elections are to take place in a few weeks.

After talks with the local government, leaders of the United Western Somali Libertarian Front (UWSLF) agreed to abide by the constitution of Ethiopia and operate legally and abandon the “armed struggle.”

In a press conference, Communications Minister Bereket Simon announced Friday that, “[w]e expect these leaders to appear here soon to explain how they will operate in the Ethiopian legal atmosphere . . . that will help the stability and peace.”

The “government has decided to respect their right to operate in the Ethiopian legal system, to enter into more civilized and pacific politic,” said Minister Simon after being questioned by AFP.   He went on to add that the UWSLF “”[t]hey had pursued a mistaken past, and now they’re desisting from it, so we will respect their right to engage in civilized politics.”

The UWSLF, created in the 1970’s, was active during the war for control of the Ogaden, where Ethiopia defeated Somalia.  It, along with other rebel groups has been fighting over Ogaden, a predominantly Somali-speaking region,  due to the regions vast natural resources.

UWSLF activities recently include a 2006 kidnapping of Red Cross workers, which the UWSLF apologized for, citing a miscommunication and case of mistaken identity as the reasons for the kidnapping.

For more information, please see:

AFP – Ethiopian Rebel Group “Agrees to Lay Down Arms” – 9 April 2010

Reuters – Ethiopia Says Rebels Threatening Oil Firms Surrender – 9 April 2010

VOA – Ethiopia Hails Little-Known Rebel Group’s Demise – 9 April 2010

Georgian Opposition Leaders Detained, Fined

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

TBILISI, Georgia – Eight leaders of Georgia’s opposition parties were arrested, reprimanded, and released from custody on Friday, according to Georgian media outlets.

The political secretary of the People’s Party, Aleksandr Shalamberidze, was one of the arrestees. He was “verbally reprimanded” for violating a public order not to enter a building.

Seven other opposition political leaders associated with the National Council were released and fined for violating the public order and scuffling with police. The National Council is an umbrella organization that united the three main opposition parties in Georgia, namely the Conservative Party, the Movement for Fair Georgia, and the People’s Party.

The opposition leaders were attempting to enter the Tbilisian Publishing House offices, in the Georgian capital of Tbilisi. They were taken into custody for trespassing in violation of the public order banning National Council representatives from entering the building. Allegedly, they scuffled with police as they attempted to enter and obtain printed election materials.

The Publishing House offices were closed by Georgian police just last week in anticipation of the May 30 local elections. National Council claims that local and national Georgian politicians are applying pressure on the Publishing House to support incumbent candidates, as the Publishing House is responsible for printing election campaign materials.

Zurab Nogaideli, the leader of Movement for Fair Georgia, characterized the incident as another episode of “terrorism” against legal opposition activities. But Mr. Nogaideli also noted that “no one will be able to frighten us”, vowing to “destroy these authorities.”

Before Mr. Shalamberidze and his colleagues were released, Koba Davitashvili, chairman of the People’s Party, threatened that opposition activists would protest by blocking Rustaveli Ave in central Tbilisi. But Mr. Shalamberidze and his colleagues were released just hours later, although all were reprimanded for violating the public order.

Nonetheless, National Council has consistently protested official targeting of publishing houses by Georgian political leaders. They have vowed to continue to do so until the May 30 elections.

For more information, please see:

CIVIL GEORGIA – Opposition Activists Released after being Fined – 8 April 2010

GEORGIAN TIMES – Opposition Activists Released after being Fined – 8 April 2010

RADIO FREE EUROPE – Georgian Police Briefly Arrest Opposition Leader – 8 April 2010

China Executes Japanese Nationals for Drug Smuggling

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China– Three more Japanese nationals were executed in the northeastern Chinese province of Liaoning on Friday for drug trafficking after another Japanese individual was executed for the same offense on Tuesday.

Under Chinese law, trafficking, making or distributing 50 or more grams of methamphetamine is punishable by death.  Japan also has capital punishment but not for drug trafficking.

Furthermore, Tuesday’s execution of Mitsunobu Akano was the first execution of a Japanese citizen since China and Japan established diplomatic relations back in 1972. 

The other three individuals, Teruo Takeda, Hironori Uka and Katsuo Mori, were caught either distributing or possessing drugs, and all three were convicted.  Takeda was specifically charged with selling five kilograms of methamphetamine in 2004.

The Japanese nationals were reported to have been granted full legal rights during their detention and trial.  Their rights to appeal have also been said to have been upheld.  

Japanese Prime Minister Yukio Hatoyama called the executions “regrettable.”  In addition, he asked Japanese citizens to remain calm after a peaceful demonstration took place outside the Chinese Embassy in Tokyo and to recognize that the two countries have different laws.

Both Japan and China have said that they hope the two countries’ relations will not be affected.

However, Japan’s Justice Minister Keiko Chiba said she was “concerned about relations between Japan and China when I think of the uncomfortable feeling or reaction felt by [the] majority of the Japanese people.”

The Japanese Prime Minister did announce that his government will “work hard to ensure that this does not lead to cracks in the Japan-China relationship.”

Just last week, China was under fire from Amnesty International because the human rights organization alleged that the Chinese authorities are claiming fewer number of executions than those actually carried out.

Amnesty’s Claudio Cordone said, “If [fewer executions are] true, why won’t [China] tell the world how many people the state put to death?”

Under a law introduced in 2007, China’s Supreme People’s Court must approve all death sentences in order to avoid injustice.  However, despite the Chinese government’s refusal to release overall figures, China is still thought to execute the most number of people than any other country in the world.

For more information, please see:

BBC – China executes three more Japanese drug smugglers – 9 April 2010

RTT News – China Executes 3 More Japanese Drug Smugglers – 9 April 2010

Strait Times – China executes 3 Japanese – 9 April 2010