World Report November 2011 – Transitional Justice News
4th Annual R2P Ministerial Meeting Summary 23 September 2011
Australia to Deport First Afghan Asylum Seeker
By Brittney Hodnik
Impunity Watch Reporter, Oceania
CANBERRA, Australia – Australia continues its efforts to thwart the ever-increasing influx of asylum-seekers into the country. Even amid tragedy, Prime Minister Julia Gillard stands firm on her commitment. Today, Australian authorities intercepted another vessel carrying 93 people, all seeking asylum. In addition, Australia is about to forcibly deport the first failed Afghan asylum seeker even amidst fears he will be killed upon returning home.
Ismail Mirza Jan, a 26 year old who fled Afghanistan about 10 years ago, is scheduled to be deported later this week. The Australian Broadcasting Company (“ABC News”) reports that he is currently in a maximum-security location at the Villawood Immigration Detention Centre in Sydney. His asylum claim was rejected, and thus, he will be sent back to Afghanistan.
Jan originally fled Afghanistan in 2001 after the Taliban killed his father. Jan has also failed to obtain asylum in Ireland and Britain. He told ABC News that he is just “in search of a place that [he] can be safe . . . .”
Australia, Afghanistan, and the United Nations High Commissioner for Refugees signed a memorandum understanding in January, according to ABC News. This agreement, as reported by the Sydney Morning Herald, allows Australia to deport individuals. “Where an Afghan refuses to return voluntarily, this agreement stipulates that the Afghan government will readmit its nationals who are not entitled to protection in Australia,” said Chris Bowen, representative for the Immigration Minister.
Jan fears that he will be killed if he returns to Afghanistan. He told ABC News “If I go there, I will be dead in my country. I have no one there to protect me . . . I have no friends, no family there.”
Immigrants seeking asylum have become a regular happening in Australia. Since the 2010 election, 100 vessels have arrived or been intercepted in Australia; and the problem is getting worse. Perth Now reports that last year, 50 asylum-seekers were found on each vessel on average, and this year, that number has increased to 70 per boat.
Perth Now further reports, “More and more people getting on these boats is only increasing the risk of this journey, which of course concerns all Australians.” The most recent group that was intercepted will be transported to Christmas Island for identification, security, and health screenings.
The Sydney Morning Herald reports that Jan will be charged $32,782 for his escorted deportation. If he is deported as scheduled this week, he will likely be the first of many rejected Afghan asylum-seekers forcibly sent back to the country they fled, fearing for their lives.
For more information, please visit:
Sydney Morning Herald — Afghan Asylum Seeker to be Forcibly Deported — 15 Nov. 2011
ABC News — Australia to Deport Afghan Asylum Seeker — 14 Nov. 2011
Perth Now — Asylum Boat with 93 on Board Intercepted — 14 Nov. 2011
The Washington Post — Australian PM Says She is Committed to Deterring Asylum Seekers After Fatal Boat Capsizing — 2 Nov. 2011
Ukraine Resists International Pressure to Release Tymoshenko
By Greg Hall
Impunity Watch Reporter, Europe
KIEV, Ukraine – Former Ukrainian Prime Minister Yulia Tymoshenko will likely remain in jail for abusing her powers while negotiating a natural gas import contract from Russia. A Ukrainian court sentenced her to seven years in jail, banned her from holding public office for three years, and imposed a fine. Her case will be heard again by an appeals court but the appeals court is likely to uphold the conviction. Tymoshenko’s attorney, Serhiy Vlasenko, asserted that President Viktor Yanukovych is intent on keeping the opposition leader behind bars.
Vlasenko is not alone in her assertions. The United States, Russia and the European Union have also condemned the court ruling as politically motivated. U.S. State Department spokeswoman Victoria Nuland, said her country was “deeply disappointed”, calling it a “politically motivated prosecution … [raising] serious concern about the government of Ukraine’s commitment to democracy and the law”.
Maja Kocijancic, spokeswoman for EU foreign affairs commissioner Catherine Ashton, said: “The EU is very disappointed with the verdict,” and that the court “did not meet the international standards for a just, transparent, and independent judicial procedure”. Despite international pressure, Yanukovych has refused to release her. Yanukovych loyalists in the parliament will likely turn down a bill being proposed to significantly decrease the sentence for the crime which Tymoshenko was convicted.
Tymoshenko is accused of going beyond her authority to negotiate a gas contract with Russia. This deal is believed to have hurt the Ukrainian economy. Russian officials are puzzled how a legally enforceable contract can be the cause of a criminal proceeding. Russian Foreign Minister Sergei Lavrov responded to the verdict, saying it was highly politicized. “We cannot accept that a legitimate contract that remains in force and which has never been legally challenged may be cause for a court ruling like today’s,” said Russia’s top diplomat.
Tymoshenko insists that she is being kept behind bars so Yanukovych can remain in power and be unchallenged. Her arrest and detention has gained international attention for violating human rights. Vlasenko wants to bring this case before the European Court of Human Rights in hopes of overturning the Ukrainian court. There is some contention as to whether or not that court’s decision will be binding on Ukraine.
The Main Department of the Tax Militia of the State Tax Service has reopened an investigation into the United Energy Systems of Ukraine dating back to 1996-97. The investigation reopens yet another criminal case involving Tymoshenko. This case accuses her of embezzling 405 million dollars of state funds. If found guilty of that crime, she could face another 12 years behind bars.
Vlasenko is reporting that Tymoshenko is suffering from severe back pain. Despite such pain, investigators questioned her in her jail cell. Ukrainian officials stated that she has received the proper medical attention but would not go into any details. Vlasenko believes that Ukrainian authorities will feel significantly more pressure to release Tymoshenko if the European Court of Human Rights reverses the conviction.
For more information, please see:
Russia Now – Yulia Tymoshenko Verdict Condemned by Russia, EU and US – 14 November 2011
Unian – Vlasenko: Investigators Illegally Presented Yulia Tymoshenko with New Charges – 11 November 2011
Washington Post – Lawyer: Ukraine’s ex-PM Tymoshenko Likely to Remain in Jail for Many Months – 11 November 2011
China Looks to Legalize “Enforced Disappearances”
By Greg Donaldson
Impunity Watch Reporter, Asia
BEIJING, China – Despite international pressure to end its questionable detainee practices, the Chinese government is hoping to expand its power to jail those it deems as “criminals” by modifying China’s Criminal Procedure Law to legitimatize enforced disappearances.
The amendment would allow Chinese authorities to lawfully detain a person for up to six months without any kind of proceeding if alerting family members or lawyers of the detainee’s location would “hinder the investigation.”
International Law explains that a country commits an enforced disappearance when agents from its government take a person into custody and then deny holding the person or fail to disclose the person’s location.
China has a history of detaining individuals in “black jails” despite numerous accusations of major human right’s violations occurring in these facilities. “Black jails” are unlawful secret detention facilities.
In 2009 Human Rights Watch (HRW) RHreleased a report entitled “An Alleyway in Hell: China’s Abusive ‘Black Jails’” describing the horrible treatment detainees receive in “black jails.” Former detainees explained that they were dragged by their hair, beaten, starved, sleep deprived, and received threats of sexual violence.
A short time after the Human Rights Watch article was released, a weekly Chinese newsmagazine published an article confirming the finding of the HRW report. Two months later, the Chinese government ordered the closure of local government “liaison offices” in Beijing that had been used as “black jails” in the past.
Sophie Richardson, China director at Human Rights Watch expressed the organizations concerns over the new legislation. “Despite a few weak gestures of disapproval, the Chinese government has largely ignored or tacitly approved the security agencies’ proclivity for enforced disappearance and ‘black jails.’” She continued “The proposed legal revisions are a clear indication of the government’s intentions.”
In response to recent criticisms about the proposed amendment China’s Foreign Ministry said “the competent authorities of China have been soliciting the public’s views” on the proposed amendment. Ministry spokesman Hong Lei told reporters that “we are willing to listen to their views but some organizations have been viewing China with colored lenses. “For such organizations, we will not comment on their behavior.”
If the law is passed, many human rights groups fear that the government will initiate a national security crackdown on human rights lawyers, bloggers, and civil activists by making them disappear prior to the upcoming leadership changes within the country.
For more information, please see:
China Digital Times – Human Rights Watch: Enforced Disappearances a Growing Threat — 10 November 2011
Reuters – China “Black Jails” Prompt Fears of Wider Security Crackdown – 10 November 2011
Human Rights Watch – China: Enforced Disappearances a Growing Threat – 9 November 2011
Asia News – With ‘Enforced Disappearances,’ the Communist Party Becomes A Bunch of Common Criminals – 19 September 2011
Human Rights Watch – China: Secret “Black Jails” Hide Severe Rights Abuses – 11 November 2009