Thai Court Finds Labor Activist Guilty of Defamation

By: Katherine Hewitt
Impunity Watch Reporter, Asia

BANGKOK, Thailand – A court decision in a Bangkok on March 26th found a human rights activist guilty of defamation.

Andy Hall, a labor rights activist, was doing research on working conditions in Natural Fruit Co., Ltd., a pineapple tinning company in Thailand. His 2013 report described cases of extortion of migrant worker labor, labor trafficking, child labor, and violence. His research was in collaboration with the Finish NGO, Finnwatch. Following the publication of his research, Hall sat down with Al Jazeera for an interview. As a result, National Fruit filed a complaint under article 420 of the Civil and Commercial Code for defamation.

Andy hall talking to press outside Thai courthouse in 2016. Photo courtesy of Sakchai Lalit.

This is just one of four cases Natural Fruit Co., Ltd. has brought forward against Hall. In 2013, the court dismissed the case as a result of lack of jurisdiction as Al Jazeera had interviewed Hall while he was in Myanmar, not Thailand. Natural Fruit Co., Ltd. appealed, and the case was accepted in August 2017. On March 26th, the court found Hall guilty and subjected him to pay $312,500 USD (10 million Thai baht) as well as lawyer and court fees to Natural Fruit Co., Ltd. Hall plans to appeal this court decision.

In 2016, Hall was also found guilty of criminal defamation and computer crimes against Natural Fruit Co., Ltd. He was sentenced to 4 years in jail and a $6,250 USD (200,00 baht) fee. He appealed this case. His appeals trial is set for next month on April 24, 2018.

Human Rights Watch (HRW) believes that these cases against Hall will discourage further research into labor rights in Thailand.  A HRW researcher said of the situation, “The Thai government should not look the other way while companies use the courts to undermine corporate accountability for labor rights abuses. If the Thai government is really against labor exploitation, it should promote changes in the law that would prevent abusive libel cases.”

The Thai government said last year that they remain committed to the UN values of human rights and that they have implemented statutes to protect laborers.

 For more information, please see:  

Human Rights Watch – Thailand: Verdict Threatens Labor Abuse Reporting – 28 March 2018

Al Jazeera – HRW condemns libel verdict against rights worker Andy Hall – 28 March 2018

Andy Hall’s Blog – Washington Post/AP 26th March 2018: Thai court finds British labor activist defamed fruit firm – 27 March 2018

Oakland Mayor Warned Bay Area Residents of Impending ICE Raid

By: Karina Johnson
Impunity Watch Reporter, North America

OAKLAND, California — On Saturday, February 24, Oakland Mayor Libby Schaaf issued a news release warning local residents that US Immigration and Customs Enforcement (ICE) would be conducting operations in the Bay Area during the next 24 hours.  This warning was posted on Facebook and shared on Twitter.

U.S. Immigration and Customs Enforcement officials arrested over 150 suspected undocumented immigrants in Northern California in late February. (Photo Courtesy of ICE.gov)

Mayor Schaaf’s February 24 news release detailed her rationale for disclosing her knowledge of the pending raids: “As Mayor of Oakland, I am sharing this information publicly not to panic our residents but to protect them.  My priority is for the well-being and safety of all residents — particularly our most vulnerable — and I know that Oakland is safer when we share information, encourage community awareness, and care for our neighbors.”

In a statement made on February 27, ICE Deputy Director Thomas D. Homan said, “The Oakland mayor’s decision to publicize her suspicions about ICE operations further increased that risk for my officers and alerted criminal aliens – making clear that this reckless decision was based on her political agenda with the very federal laws that ICE is sworn to uphold.”  The statement further asserted that “ICE does not conduct sweeps or raids that target aliens indiscriminately, and the agency prioritizes public and national security threats, immigration fugitives and illegal reentrants.”  ICE arrested over 150 suspected undocumented immigrants, half of which do not have criminal records.

Mayor Schaaf defended her decision two days later on Twitter: “I do not regret sharing this information. It is Oakland’s legal right to be a sanctuary city and we have not broken any laws. We believe our community is safer when families stay together.”

During the weeks following the operation, ICE’s San Francisco spokesman James Schwab resigned, frustrated by repeated misleading statements made by officials, including Attorney General Sessions, alleging that roughly 800 undocumented immigrants escaped arrest due to Mayor Schaaf’s public warning.  In an interview with the San Francisco Chronicle, he condemned the misleading statements: “To say that 100 percent are dangerous criminals on the street, or that those people weren’t picked up because of the misguided actions of the mayor, is just wrong.”

Across the United States, places like San Francisco, Chicago, Seattle, New York, and Philadelphia have challenged the constitutionality of President Trump’s January 2017 Executive Order 13768 that says cities and counties would lose federal funding if local law enforcement did not cooperate with immigration agents.  All courts (except for Seattle, which is still pending) have granted preliminary injunctions halting the enforcement of the order. On March 6, the Department of Justice filed suit against the state of California.  The complaint alleges that three recently enacted “state sanctuary laws” are unconstitutional as they are preempted by federal law and seeks to block their enforcement.

Liam Brennan, a former federal prosecutor and head of Connecticut’s Public Corruption Task Force, described his own experiences as a federal prosecutor, sanctuary cities such as Los Angeles and New York City prioritized fighting crime instead of enforcing civil immigration violations, because “Solving a crime was clearly more important than deporting immigrants who came here looking for economic opportunity.”  The federal government (through U.S. Citizenship and Immigration Services) may offer U-visas and T-visas to individuals who have been victims of a crime in the US and who choose to cooperate with law enforcement in certain criminal prosecutions.

For more information, please see:

Just Security – Reclaiming the Public Safety Mantle for Sanctuary Cities – 27 March 2018

Just Security – Does the Oakland Mayor Face Legal Liability for Warning About ICE Raids? – 15 March 2018

San Francisco Chronicle – San Francisco’s ICE spokesman quits, disputes agency’s claim that 800 eluded arrest – 12 March 2018

The Washington Post – Justice Dept. sues California over ‘sanctuary’ laws that aid those in U.S. illegally – 6 March 2018

The Washington Post – Oakland Mayor Libby Schaaf tipped off immigrants about ICE raid and she isn’t sorry she did – 28 February 2018

U.S. Immigration and Customs Enforcement – ICE statement on immigration enforcement activities in northern California – 27 February 2018

SF Gate – Oakland mayor’s warning puts immigrants, advocates on high alert – 25 February 2018

The Los Angeles Times – California becomes ‘sanctuary state’ in rebuke of Trump immigration policy – 5 October 2017

Syria Justice and Accountability Centre: New Commission of Inquiry Report Focuses on Detainees

SJAC Update | March 27, 2018
The COI’s recent report, ‘Detention in the Syrian Arab Republic.’ | Source

New Commission of Inquiry Report Focuses on Detainees
On March 9, the UN  Commission of Inquiry (COI) on Syria released a new report, ‘Detention in the Syrian Arab Republic: A Way Forward.’ The report offers an overview of the detainee crisis in Syria: tens of thousands of Syrians held with no due process, families with no knowledge of their loved ones, and prisons where sexual violence and extrajudicial killing are rampant. In addition to accusing several parties to the conflict of committing crimes against humanity and war crimes, the report makes recommendations for how to address the suffering of detainees and their families through the UN-led negotiation process. Indeed, Syrian civil society has long demandedthat the issue of detainees be central to negotiations, and the report endorses the notion that concrete proposals on the detainee issue could not only address the immediate needs of victims but also further the negotiations themselves.
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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Suicide Bombing in Afghanistan Kills 14, Wounds More

By: Katherine Hewitt
Impunity Watch Reporter, Asia

KABUL, Afghanistan – On the evening of March 23, 2018, a suicide bomber drove into a crowd. A traditional wrestling match had been held that night in Lashkar Gah. After the match ended, the spectators joined in evening prayers in the stadium before leaving. The bomber drove his car though the gates, where it exploded.

As a result fourteen were killed. Forty-two were left injured. Some of the dead and injured are security guards who were stationed at the gates. However, the majority of the victims are civilians. Children are among the dead and critically wounded. The local hospital believes the death will rise, as many people are in critical condition.

A man carries an injured child from the bombing in Lashkar Gah. Photo courtesy of Abdul Khaliq.

The bomber had attempted to enter the stadium. However, the security guards recognized him and refused to let him enter. It was at this moment that he detonated the bombs.

At this moment, no group has claimed the attack as part of their operation. The Helmand province, where Lashkar Gah is located, has heavy Taliban influences. The Taliban carried out a similar attack in Lashkar Gah in the past.

The President of Afghanistan, Ashraf Ghani, released a statement that condemned the bombing saying: “the enemies of Afghanistan cannot prevent the celebration of traditional, religious and cultural events in the country.”

For more information, please see:

New York Times – Suicide Attack in Afghanistan Kills at Least 14 at Wrestling Match – 23 March 2018

Aljazeera – Afghanistan: Deadly car bombing near Helmand stadium – 23 March 2018

BBC – Car bomb targets spectators at Afghanistan wrestling match – 23 March 2018

Russian Media Boycotts Parliament Following Sexual Harassment Decision

By: Jenilyn Brhel
Impunity Watch Reporter, Europe

MOSCOW, Russia – Several Russian media outlets have boycotted Parliament in Russia after sexual misconduct charges were dropped against Leonid Slutsky, head of its international affairs committee.

Darya Zhuk, left, and Farida Rustamova, both reporters in Russia, accused Leonid Slutsky of sexual misconduct. Photo courtesy of Vasily Maximov.

On Thursday, March 22nd, Slutsky was cleared of sexual misconduct charges by the ethics commission in Russia. Since then, nearly all of Russia’s independent news agencies have decided to boycott coverage of the Duma, the lower chamber of Russian Parliament.

Accusations against Slutsky began in February 2018, when several female journalists accused Slutsky of making unwelcome sexual advances towards them.

Farida Rustamova of BBC Russia, said that Slutsky told her to leave her fiancé and “ran his hand, the flat of his palm, up against my nether region.”

Another accuser, Yekaterina Kotrikadze, deputy editor-in-chief at a Russian television station, said that in 2011 Slutsky pushed her against a wall and attempted to kiss her.

“He asked me to come without a camera,” said Kotrikadze. “He brought me into his office, locked the door and tried to pin me against the wall and somehow kiss and touch me. I got away and ran.”

Slutsky denied the allegations and mocked his accusers. In a Facebook post dated February 23rd, Slutsky stated that “attempts to make Slutsky into a Russian Harvey Weinstein look like a cheap and crude provocation … and are bound to fail.”

The ethics commission investigating the accusations released a verdict on March 22nd sating that it had “not found any violations of behavioral norms.”

The commission also took aim at the timing of the women’s allegations, suggesting that they were an attempt to undermine the presidential election in Russia that week.

One member of Parliament, Oksana Pushkina, did side with the journalists and pledged to seek adoption of a legal framework for the prosecution of sexual harassment.

Despite the committee’s decision, the accusations against Slutsky have ushered in the #MeToo movement in Russia. The boycott that has ensued in response to the allegations against Slutsky is the first of its kind in Russia.

Kotrikadze is not surprised by the ethics commission’s decision, but is optimistic about the media’s response to the accusations.

“I really think that the reaction of my colleagues, and lots of Russian media outlets, is the best thing I could imagine. This is the first time in Russian history that the journalists have not obeyed the decision of the state.”

For more information, please see:

ABC News – Russian Media Boycott Country’s Parliament Over Sexual Harassment Claims – 22 March 2018

CNN – Media Outlets Boycott Russian Parliament Over Sexual Harassment Scandal – 23 March 2018

The New Yorker – Russia Finally Gets its #MeToo Movement – 23 March 2018

The New York Times – Russian News Outlets Boycott Parliament After Harassment Decision – 22 March 2018

U.S. News and World Report – Russian Lawmaker Cleared of Sexual Harassment Accusations – 21 March 2018