US Marine Convicted Of Killing Transgender Filipino

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

MANILA, The Philippines — A court in The Philippines convicted a United States Marine of homicide Tuesday in the killing of a transgender woman. The court sentenced him for six to 12 years, in a case that has reignited debate over American military presence in its former colony.

Joseph Pemberton, left, in Philippine Court Tuesday. (Photo Courtesy of USA Today)

The Marine, Joseph Pemberton, had been charged with murder; however, the court convicted him of the lesser offense of homicide, which does not require malicious intent.

Pemberton will be temporarily detained in a Philippine jail until the Philippine and US governments agree on where he should be held during his prison term.

Authorities stated Pemberton, who was on shore leave in Olongapo City during joint military exercises, killed the victim in October 2014 after he discovered that she was transgender.

The court said that it had reduced the charge from murder because the element of “treachery” was not present in the killing. The general perception of the case has led many to criticize aspects of the sentencing. The victim’s sister told Reuters, “We expected a murder conviction but instead got homicide. We are not content with the decision.”

Laude’s mother, Julita Cabillan, also told the Associated Press that while she was happy with the verdict, she was not pleased with the jail term. “No amount of money could pay for the years I spent raising my child,” Cabillan told reporters. “What they did to my child was gruesome. Just because we are poor doesn’t mean we can’t fight for justice.”

Additionally, Protesters supporting the victim, Jennifer Laude, outside the Hall of Justice carried placards, saying “Justice for Jennifer Laude! Justice for the Filipino people”, “Jail Pemberton in the Philippines”.

The case has sparked renewed controversy over U.S. military presence in The Philippines. According to the Associated Press, activists outside the courthouse warned that they would closely watch to ensure Pemberton is detained in a Philippines jail. The Philippines and U.S. governments must next agree on where Pemberton should serve his sentence, as prescribed under a visiting forces agreement.

Under the agreement, the Philippines can prosecute U.S. service members, but the U.S. has custody over service members from the commission of the offense until completion of all judicial proceedings. Interestingly in 2009, the Philippine Supreme Court ruled that convicted U.S. personnel must serve their sentences in the Philippines.

In recent years, both countries have sought to rebuild defense ties. Last year, President Obama visited Manila to sign a deal to expand military cooperation with the Philippines.

Both allies are also waiting for the Philippine Supreme Court to approve a pact allowing the U.S. military to store supplies on Philippine bases for operations related to maritime security, humanitarian assistance and disasters.

The case has now led to calls from left-wing groups for the Philippines to end its military agreements with the US.

 

For more information, please see:

BBC News — US marine guilty of Filipina transgender killing – 1 December 2015

CNN — U.S. Marine found guilty of killing transgender woman in Philippines – 1 December 2015

NY Times — U.S. Marine Guilty in Killing of Transgender Woman in Philippines – 1 December 2015

Reuters — U.S. Marine jailed in Philippines for killing transgender woman – 1 December 2015

USA Today — U.S. Marine found guilty of killing transgender Filipino – 1 December 2015

Washington Post — U.S. Marine convicted of killing transgender Filipino – 1 December 2015

Taiwan and China Exchange Spies in Measure of Mutual Goodwill

By Christine Khamis

Impunity Watch Reporter, Asia

 

TAIPEI, Taiwan –

It was announced on Monday that Taiwan and China exchanged spies prior to a historic meeting between the two sides’ leaders in early November. Taiwanese media reports that this is the first occasion where the two sides traded spies.

Taiwan released a Chinese spy named Li Zhihao after he had been jailed for 16 years. He was granted early parole and was sent back to China.

China released Taiwanese military officials Chu Kung-hsun and Hsu Chang-kuo, who had been held for over nine years. The two men, officers in Taiwan’s Bureau of Military Intelligence, were arrested in Vietnam near the Vietnam-China border in 2006. They were given life sentences for harming the China’s national security. China later commuted their sentences to 20 years, according to Taiwan’s China Times newspaper. The two men were sent back to Taiwan following their release.

President Ma Ying-jeou of Taiwan and President Xi Jinping met in Singapore on November 7. The meeting was the first time in 60 years that leaders of both sides held a summit. While the two leaders did not come to any formal agreements during the summit, it represented a significant effort toward strengthened ties between Taiwan and China.

President Ma Ying-jeou of Taiwan and President Xi Jinping of China met for a historic summit in early November. (Photo courtesy of BBC)

Taiwan’s presidential office has stated that the exchange was a sign of improved ties between the two sides. The Taiwanese presidential spokesman, Charles Chen, released a statement stating that the exchange was “based on a mutual goodwill gesture delivered by the Ma-Xi meeting” and that “President Ma Ying-jeou hopes cross-strait mutual exchanges can continue and make more concrete achievements in the future.”

Taiwan has been ruled separately from China since 1949, when the Nationalist party (or Kuomintang) fled to Taiwan after losing the Chinese civil war to the Communist party. China considers Taiwan a breakaway province and intends to reclaim Taiwan as part of mainland China.

Relations between the two sides were poor until President Ma took office in 2008. During his term, President Ma has acted amicably toward China, strengthening the two countries’ ties in tourism, transit, investment, and trade.

The strengthened ties between Taiwan and China have sparked concern among many Taiwanese, who are apprehensive about China’s growing influence over Taiwan.

 

For more information, please see:

Associated Press – Taiwan Says it Has Swapped Convicted Spies With China – 30 November 2015

BBC – Taiwan and China Swapped Spies Ahead of Leaders’ Talks – 30 November 2015

The New York Times – Exchange of Spies With China Is Positive Sign, Taiwan Says – 30 November 2015

Reuters – Taiwan, China Swap Jailed Spies After Leaders’ Historic Meet – 30 November 2015

 

 

Christian TV Station Fire Could be Latest Attack Against Religious Minorities in Pakistan

By Christine Khamis

Impunity Watch Reporter, Asia

 

ISLAMABAD, Pakistan –

Police are investigating a fire at a Christian TV station in Karachi, a city in southern Pakistan. Police initially thought that the fire at Gawahi TV, a cable television station, had started due to an electrical short-circuit. However, the owner, Pastor Sarfraz Williams, believes that the fire was deliberately set.

Gawahi TV employed both Christians and Muslims and broadcasted gospel programming. The channel was preparing to release its Christmas programs before the fire occurred.

Mr. Williams made an official complaint to police following the fire, and a forensic investigation is underway. Mr. Williams has stated that the TV station had been getting threatening phone calls and messages.

Mr. Williams’ brother, Javed Williams, stated that the locks on the station’s doors appeared to have been cut open. Most of Gawahi’s materials, including religious books, were destroyed. The channel’s security system was destroyed during the fire, and security footage has not been found. Computers were either destroyed or missing entirely. The computers that were left to burn in the fire were missing their hard drives. Additionally, the cameras that the TV station had used were missing as well.

Around 15,000 booklets were destroyed in the fire at Gawahi TV. (Photo courtesy of the Express Tribune)

Mr. Williams also made a blasphemy complaint against those behind the fire, who are currently unidentified. It is remarkable that he made the blasphemy complaint, as such complaints are usually used in cases against Christians. The blasphemy law is implicated because the attack on Gawahi TV involved the burning of religious books.

Human rights groups have criticized the use of the blasphemy law in Pakistan because they believe that the complaint is misused by those seeking to settle personal feuds and those seeking to facilitate “land-grabbing”.

Karachi, which is Pakistan’s largest city, has a substantial Catholic population. Gawahi TV was located in the Akhtar Colony area, which is populated by several religious communities. The population’s makeup in the area is around 90% Muslim and 10% minorities.

There have recently been several other attacks against religious minorities in Pakistan. Churches were bombed in Lahore in March, leading to the deaths of over a dozen people. Last week, a mosque owned by the Ahmadis, a Muslim sect that Pakistan’s Sunni Muslim majority thinks unfavorably of, was attacked after a factory worker was accused of burning pages of the Quran.

Although Pakistan’s government has pledged to protect religious minorities, such attacks have continued. Some critics have questioned the government’s commitment to protecting religious minority groups.

 

For more information, please see:

Business Standard – Owner of Christian Channel Lodges Blasphemy Complaint in Pak – 28 November 2015

NBC News – Pakistan’s Gawahi Christian TV Station Gutted in Fire – 27 November 2015

The Express Tribune – Christian TV Channel Office Burnt to Ashes in Karachi – 26 November 2015

The New York Times – Pakistani Police Investigate Fire at Christian TV station – 26 November 2015

Opposition Leader Killed in Election Lead Up

By Kaitlyn Degnan
Impunity Watch Reporter, South America

CARACAS, Venezuela — Venezuelan President Nicolas Maduro’s government is facing intense scrutiny in the days leading up to the national election following the murder of an opposition leader last Wednesday. Luis Diaz, the Guarico States leader of the Democratic Action party of Guarico State was shot and killed during a public meeting.

Mr. Diaz was on stage with Lilian Tintori, a campaigner and activist. Ms. Tintori is married to opposition leader Leopoldo Lopez whose trial garnered worldwide criticism. It is unknown whether Ms. Tintori was also an intended target of the attack.

Other opposition figures have faced violence in the lead up to the election. Ms. Tintori alleged that she was the victim of at least two attacks, including the dismantling of brakes on a plane used by her team. Henrique Capriles, who lost the 2013 presidential election to Maduro has also been the victim of aggression.

Venezuelan President Nicolas Maduro. (Photo courtesy of BBC).

President Maduro’s government has faced international criticisms in the aftermath of the killing, with statements of concern coming from a number of NGO and the United States. In a statement released the day after Diaz’s death, the Director of Amnesty International Venezuela, Marcos Gomez, said that the killing gave a “terrifying view of the state of human rights in Venezuela.”

The Democratic Action party is part of the Democratic Unity coalition, a bloc of opposition parties looking to unseat the Maduro’s Socialist Party. Democratic Action national leader Henry Ramos blames the Socialist party for Diaz’s death.

The Venezuelan government has denounced any connection between the ruling party and the killing, and has said that it would sue opposition leaders blaming the Socialist Party. Foreign Minister Delcy Rodriguez said in a tweet that trying to establish such links was in “bad faith.”

Venezuela has opened an investigation into the killing through the Public Prosecutor’s office. Government officials claim that Mr. Diaz was involve with a violent gang in Guarico, and that the killing was carried out on behest of a rival gang member.

The upcoming elections may be historical – there is a significant chance for the first time in 16 years that the Socialist Party may lose the legislature. In the past year alone, 43 people have died and hundreds have been injured during violence sparked by opposition protests..

 

For more information, please see:

Amnesty International – Venezuela: Killing of opposition politician sparks fears of spiraling violence – 26 November 2015

The Guardian – US condemns murder of opposition politician before Venezuela election – 26 November 2015

Reuters – Opposition activist’s murder shakes Venezuela before election – 26 November 2015

Business Insider – Venezuela lashes U.S., opposition amid blame over activist’s slaying – 27 November 2015

Global News – Calls for Venezuela to protect politicians after opposition leader killed – 27 November 2015

UN News Centre – Top UN human rights official calls for more safety after political opponent killing in Venezuela – 27 November 2015

Fox News – Slaying of Venezuelan opposition leader has become flashpoint ahead of elections – 28 November 2015

 

Mud from Brazil Dam Burst is Toxic: UN

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BRASILIA, BRAZIL — A report from the United Nations Office of the High Commissioner for Human Rights states that the mud and residue unleashed in areas of Brazil earlier this month contains toxic heavy metals and chemicals at high levels. This is in contrast to declarations made by the dam’s owner that the mud released in the collapse did not present a danger to human health and that the water was not contaminated.

Mud and mine waste cover the Bento Rodrigues district following the dam collapse. (Photo courtesy of Reuters)

The report was authored by special rapporteurs John Knox and Baskut Tuncak. The rapporteurs expressed their concern that information about the toxicity of the disaster took three weeks to surface.

Samarco claims that the levels of metals and chemicals in the water, while high, are below what is considered dangerous. The Brazilian government has also backed the company’s claims that there was no increase in the presence of heavy metals.

However the report, citing data obtained from the town of Baixo Guandu’s water department, describes heavy metal levels that are “several thousand times the acceptable maximum.”

Mr. Tuncak has said that he finds it “difficult to imagine that you would see such high, elevated levels normally – in a region where people are eating fish and drinking the water – and not have major impacts on human health or the environment.”

The dam was located at an iron ore mine owned by Samarco, which is jointly owned by BHP Billton (Anglo-Australian) and Vale (Brazilian). The collapse released 60 million cubic meters of mud and mine waste into the city of Mariana and the Rio Doce.

The initial burst and resulting outpour of mud and waste killed 13 people. A quarter of a million people in the region depend on the river for drinking water, which has been cut off as a result of the incident. Thousands of fish in the river have also died.

The incident has been called Brazil’s worst environmental disaster to date. Brazil’s Environment Minister Izabella Teixeira told reporters that Brazil’s federal and state governments intend to sue Samarco for 20 billion reais ($7.2 billion) in damages.

 

For more information, please see:

Guardian – Mud from Brazil dam disaster is toxic, UN says, despite mine operator denials – 25 November 2015

Wall Street Journal – Brazil Dam’s Failure Flooded Region With Toxic Waste, U.N. Report Says – 25 November 2015

Gaurdian – Arsenic and mercury found in river days after Brazil dam burst – 26 November 2015

Reuters – Mud from Brazil dam burst is toxic, UN says – 26 November 2015

Sydney Morning Herald – Brazil to sue BHP, Vale for $7b in damages for Samarco dam burst – 28 November 2015

Reuters – RPT-UPDATE 2-Brazil to sue BHP, Vale for $5 bln in damages for dam burst – 29 November 2015

Water World – Brazil mine disaster: Doce River transporting “toxic sludge” towards protected habitat, says UN – 30 November 2015