Woman’s Caning Sentence in Malaysia Commuted

Woman’s Caning Sentence in Malaysia Commuted

By M.E. Dodge
Impunity Watch Reporter, Asia

PAHANG, Malaysia – A woman in Malaysia, Kartika Sari Dewi Shukarno, originally sentenced last July to caning for violating a Muslim law,  has had her punishment commuted. The Islamic department in Pahang announced that the state’s sultan decided to spare her.

Kartika, a former model and nurse, was initially sentenced to be caned. The mother of two had pleaded guilty to the crime. At the time, if the punishment had been carried out she would have been the first woman to be caned in Malaysia, where about 60% of the 28 million people are Muslims. Kartika was supposed to receive six strokes of the cane, and a fine of 5,000 ringgit (about $2,000) for drinking beer in December 2007 at a beach resort.

Kartika Sari Dewi Shukarno with her children Muhammad, 7, left, and Kaitlynn, 5. Photograph of Kartika Sari Dewi Shukarno and her two children. Image courtesy of: The Age.

The public reaction to Kartika’s sentence prodded an already fiery debate over whether Islamic laws should intrude into people’s private lives in this Muslim-majority country. Many people had condemned the punishment, sand expressed the concern that this was a sign that conservative Islamists are gaining influence over the justice system.

Malaysia follows a dual-track justice system. Shariah laws apply to Muslims in all personal matters. Non-Muslims – Chinese, Indians, Sikhs, and other minorities are covered by civil laws, and are free to drink alcohol. There are only three states in Malaysia, Pahang, Perlis and Kelantan that impose caning for drinking alcohol. In the other 10 states it is punishable by a fine. According to local sources, the caning would be different from the corporal punishment administered to male criminals under secular civil laws. Drug offenders, kidnappers and others are caned with a thick rattan stick on bare buttocks that break the skin and leave lifelong scars.

After Kartika was sentenced, the Prisons Department declared it was ready at any time to carry out the caning of Kartika, but were only waiting for an order from the Syariah court. Her sentence set precedent for sentencing women to caning for civil law violations again Muslim-based rules, three other Muslim women were sentenced to caning, and they became the first women to actually be caned. They were being punished for having sex out of wedlock.  Allegedly their cases did not draw as much national attention, because the caning was kept a secret until after it was done. Later, the women appeared before local media and said they deserved the punishment.

In carrying out the caning sentences, the country’s prison authorities have now demonstrated their willingness to carry out caning sentences on women if ordered to do so by a Syariah court.

For more information, please see:

CNN International – Malaysia commutes woman’s caning sentence – 3 April 2010

New Tang Dynasty News – Malaysian Woman’s Caning Sentence Dropped – 2 April 2010

Tha Malaysian Insider – Outrage over women’s caning – 3 April 2010

BBC World News – Malaysia beer drink woman’s caning sentence commuted – 3 April 2010

Latest Boat Arrivals Cause Detention Facility on Christmas Island to Exceed Capacity

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – The recent arrival of 138 asylum seekers to Christmas Island has caused the detention center to exceed its maximum capacity for the first time.

Afghan and Iranian asylum seekers who were on board the HMAS Melville brought the detention center’s capacity above 2040.  The center reached maximum capacity even though three charter flights were sent to Australia’s mainland in the last week.

Among the asylum seekers on board the HMAS Melville were two young Iranian girls.  The girls will be given new clothes and shoes.  They will all be subject to processing and health checks at Christmas Island.

Navy crews aboard the HMAS Larakia also intercepted another boat, thought to be carrying seventy-nine asylum seekers and four crew members.  These individuals were also brought to Christmas Island.

Officials on the Island attempted to provide space for the detainees, many of whom slept in rooms that are typically used for teaching English or conducting interviews with immigration officers.

Despite exceeding capacity, an official from the Department of Immigration and Citizenship stated that there was room for the new detainees.

Opposition leaders continue to protest Prime Minister Rudd’s policies and believe that the government must be tougher on the handling of border security.  The Opposition believes that Rudd was extremely compassionate back in 2008 which caused an influx of boats.

Tony Abbott, a Leader in the Opposition Party, stated that under the current administration, Australia is “getting three boats a week, and all records are likely to be broken this year when it comes to unauthorised arrivals”.

The Opposition Party believes that stronger measures must be implemented but  the government should not go as far as to reintroduce the Pacific Solution, under which poor Pacific Islands were used as refugee processing centers.

Furthermore, Mr. Abbott stated that these individuals “are people who have no … lawful reason to come to Australia and they should be put on the plane as quickly as possible. And in the meantime, they should be treated humanely.”

Many individuals are expected to be transferred to the Australian mainland.  These individuals will include both those who will be granted permanent visas as well as those who will be deported.

For more information please see:
Herald Sun – Christmas Island detention centre reaches asylum seeker limit – 03 April 2010

Herald Sun – Two refugee girls will be placed in Christmas Island detention centre – 03 April 2010

Sydney Morning Herald – Detention centres pushed to overflow – 02 April 2010

Judge Finds Warrantless Wiretapping Program Illegal

By Stephen Kopko

Impunity Watch Reporter, North America

SAN FRANCISCO, United States-On Wednesday a federal district court judge ruled that the Bush Administration’s use of the warrantless wiretap program may be illegal.  Judge Vaughan Walker found that the government may liable for civil damages for allegedly using the program against the al-Haramain Islamic Foundation.  Further, Judge Walker ruled that the government could not use the “state secrets privilege” in refusing to inform the organization whether the government used the program.

The warrantless wiretap program was used by the Bush Administration in the wake of the September 11, 2001 attacks.  It allowed the government to wiretap electronics and telecommunications of United States citizens deemed by the executive to have ties to terrorist organizations without a warrant.  Since the program was implemented, privacy advocates have challenged its constitutionality in the federal courts.  Until recently, privacy advocates were not successful in their attempts to show how the program is unconstitutional.  Invoking the state secrets privilege, the executive branch was successful in keeping secret who they were spying on.  According to the privilege, the government has the power to not provide classified information to certain organizations because doing so would threaten national security.  The program bypasses the government’s requirements under the FISA laws.  According to the FISA laws, a court approved warrant is required before the government can wiretap a person or organization’s electronics.

In the case before Judge Walker, the al-Haramain Foundation argued that they were illegally spied on by the United States government. The Foundation was designated as a terrorist organization.  It requested information on whether the government used the warrantless wiretap program against them. The government invoked the state secrets privilege not admitting whether or not it spied on the organization.   It also argued that the executive has the power to implement the warrantless wiretap program based on national security.

Judge Walker’s ruling rejected the government’s state secret’s defense.  Judge Walker found that the foundation provided enough declassified evidence to show they were illegally spied on by the United States government.  Therefore, the government may be liable for damages.  He also wrote that the FISA laws were “enacted specifically to rein in and create a judicial check for executive-branch abuses of surveillance authority.”  The government will decide in the next few weeks whether to appeal the ruling.

For more information, please see:

Christian Science Monitor-Bush wiretap program gets rebuke from federal judge-1 April 2010

NY Times-Ruling on Wiretapping Poses Challenge for Obama-1 April 2010

CNN-Government held liable in warrantless wiretapping case-31 March 2010

Japan Discriminates Against Migrant Workers

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TOKYO, Japan – An investigation conducted by the United Nations (UN) found that foreign migrant workers in Japan face racism and discrimination.

Japan has increasingly relied on migrant laborers from countries like China and the Philippines as a result of their declining population.  However, the UN report found that some conditions the migrant workers face in Japan “may well amount to slavery.”

UN Special Rapporteur Jorge Bustamante, a specialist in international migration, said, “They [migrants] face racism . . . , exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection.”

The UN report also highlighted that racism and discrimination based on nationality in schools, workplace, housing and health care  are also very common in Japan. 

Bustamante especially drew attention to the high rates of domestic violence against migrant women and children.  He said, “Appropriate policies to protect and assist single mothers and their children who find themselves in this extremely vulnerable situation are lacking . . . .”

For example, large number of migrant children in Japan does not attend school.  The UN is urging the Japanese government to increase efforts in helping these children study and learn Japanese.

There have also been cases where parents of children born in Japan who have lived in the country for more than ten years have recently been deported or detained, which resulted in children being separated from their parents.

The Special Rapporteur expressed concern that “[i]n accordance with the principle of the best interest of the child, families should not be separated.”

Furthermore, the UN investigation found that Japan has a policy of detaining irregular immigrants, e.g., asylum-seekers, parents and children, for extended period of time.  In certain cases, some were detained as long as three years, which, according to the UN, is a “de factor indefinite detention.”

Japans’ Foreign Ministry has declined to comment, and Bustamante will represent his full report to the UN Human Rights Council in Geneva in October.
For more information, please see:

AFP – Racism and discrimination common in Japan: UN envoy – 31 March 2010

Financial Times – Japan’s treatment of migrant workers criticized – 31 March 2010

UN News Centre – Independent UN rights expert urges end to migrant discrimination in Japan – 1 April 2010

Un-contacted Indigenous Tribe at Risk

By Sovereign Hager
Impunity Watch Reporter, South America

Sattelite photos showing the area where uncontacted indigenous tribes live that will be destroyed by Yaguarete Companys bull dozing. Photo Courtesy of Survival International
Satellite photos showing the area where un-contacted indigenous tribes live that will be destroyed by Yaguarete Company's bull dozing. Photo Courtesy of Survival International

CHACO REGION, Paraguay-Brazilian cattle-ranchers working for Yaguarete Prora S.A. reportedly have plans to “bulldoze” land where un-contacted indigenous people live. The company is a member of the UN “Global Compact” which must operate under ten universally accepted principles dealing with human rights, labor, the environment, and anti-corruption.

Protesters of the controversial plan say that Yaguarete should be expelled from the UN “Global Compact” because they will destroy land belonging to the Ayoreo-Totogeigosode tribe “in flagrant violation of both Paraguayan and international law.” An independent media outlet reports that Yaguarete ownes 78,549 hectares of the tribe’s ancestral land and intends to leave only 16,784 hectares of it as “continuous forest.”

Two specific principles of the global compact are reportedly being violated: 1) that “businesses should support and respect the protection of internationally proclaimed human rights and 2) ensure that the company is not complicit in human rights abuses.  A legal claim based on destroyed forest was submitted by the Totobeigosode in 1993.

UN President Ban Ki-Moon is head of the UN Global Compact and rights groups have solicited him directly to expel Yaguarete from the group. The Director of Survival International said that “Yaguarete cannot be said to be committed to aligning their operations with human rights. We urge the Compact to blackball Yaguarete from the initiative now – if it doesn’t, it runs the risk of losing all integrity.”

For more information, please see:

Ekklesia-UN Urged to Ditch Cattle-Rachers From Human Rights Board-31 March 2010

Scoop World-Brazilian Ranchers on the UN Global Compact-30 March 2010

Survival-Ban Ki-moon Urged to Remove Brazilian Ranchers From U.N. Global Compact-29 March 2010