By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – In anticipation of world AIDS day, prominent AIDS activists Hu Jia and Tian Xi have faced pressure from authorities for attempting to bring attention to difficulties faced by individuals living with AIDS in China.

Hu Jia was released from prison in June after serving a three-year jail sentence for subversion. As a condition of his release, Hu must undergo one year of constant surveillance and “…is tracked and videotaped by Domestic Security police.”

Despite his own recent release from prison, Hu has expressed his fear for fellow activist Tian Xi, who was recently released after serving a one year sentence for staging a protest on world AIDS day in 2009, by stating that “[i]f [Tian] is put back in jail by the authorities, I don’t think he will come out alive.”

Hu claims that Tian has been emotionally unstable since his release leading Hu to advocate for better treatment for AIDS patients on his behalf to prevent his re-imprisonment.

Despite his attempts to engage authorities, Hu has been unable to find a willing audience in the health ministry who has consistently ignored his requests and has threatened him with detention if he publicly protests or gives an interview.

Hu stated that in the past ten years he has approached the health ministry to discuss potential solutions to the problems facing AIDS patients at least sixty times but has received no response.

Tian Xi’s plight against AIDS and the government began when he pursued compensation after being infected with HIV through a tainted blood transfusion following a head injury he received at the age of nine.

In compensation for his contraction of HIV Tian was given 30,000 yuan which is the equivalent of $4,404 American dollars.

Rights activists allege that people with AIDS are often refused treatment and AIDS infected children are denied access to schools. In addition, the medication that is provided by local governments is substandard and becomes ineffective after three to five years.

Although health authorities maintain that sex and drug use are the main causes of HIV contraction, gynecologist Gao Yaojie, who was forced into exile, urges that tainted blood transfusions continue to infect blood recipients in the Hunan province.

An expert panel consisting of members from China’s Ministry of Health, the World Health Organization and UNAIDS estimate that China will have 154,000 AIDS patients by the end of the year. The total infected population in china is estimated at approximately 780,000 people.

 

For more information, please see:

Xinhua Net – China’s HIV/AIDS-Infected Population Estimated at 780,000 – 29 November 2011

Epoch Times – Activist Hu Jia Assists AIDS Patient’s Appeal – 28 November 2011

Radio Free Asia – AIDS Activists Under Pressure – 28 November 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Ampon Tangnoppakul, a retired truck driver was sentenced to 20 years in prison on Wednesday under Thailand’s controversial lese majeste laws for sending text messages offensive to Thailand’s monarchy. The sixty-one year old Tangnoppakul was known by his family and friends as “Grandpa” but now is known as “Uncle SMS” throughout the country.

The court ruled that the text messages sent to the then-prime minister’s private secretary defamed, insulted, and threatened King Bhumibol Adulyadej and his wife Queen Sirikit. However, the contents of the messages were not presented in court and remain unknown to the public. One of Uncle SMS’s lawyers, Poonsuk Poonsukcharoen, explained that Uncle SMS received five years in jail for each text message.

Since Uncle SMS was arrested last August he has proclaimed his innocence. In court on Wednesday Uncle SMS explained that he does not know how to send text messages, his phone was being repaired at the time the messages were sent, and he does not know Somkiat Krongwattanasuk (the then-prime minister’s secretary) or his cell phone number.

When reviewing the charges the court found that Uncle SMS’s defenses could not be proven and therefore were irrelevant according to the Bangkok Post.  For example, the court decided it could not determine whether or not Uncle SMS knew how to send text messages or if he knew Mr. Krongwattanasuk’s phone number.

Uncle SMS also claimed that someone could have counterfeited the phone’s IMEI (International Mobile Equipment Identity) number to frame him. Two experts were brought into the trial to testify about the possibility of falsifying an IMEI number. One expert testified that an IMEI number could not be forged while the other expert said it was possible. The court found that Uncle SMS could not prove his cell phone number was tampered with and therefore the court did not accept his IMEI defense.

Critics of the lese majeste laws point to the speech the King gave on his birthday in 2005 to support their claim that such convictions are unjust. In the speech the King said “actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know… But the King can do wrong.”

The tightening of lese majeste laws is also expanding to the internet. According to Human Rights Watch, Information and Communication Technology (ICT) minister Anudith Nakomthap said the ministry told Facebook to block accounts with lese majeste content. Over 60,000 URLs were blocked in October and November and government officials have warned that those who “like” offensive material to the King on Facebook could also be prosecuted under lese majeste laws.

For more information, please see:

Bangkok Post – The Saga of ‘Uncle SMS’ – 27 November 2011

The Guardian – Thai Facebookers Warned Not To “like” Anti-Monarchy Groups – 25 November 2011

AFP – Thai Man Gets 20 Years for Anti-Royal Texts 23 November 2011

New York Times – 20-Year Sentence for Text Messages Against Thai King – 23 November 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

HONG KONG, China – Two popular television hosts have been fired in Hong Kong causing some to fear that Chinese censorship authorities are overexerting their influence to stifle media freedom.

Ng Chi-sum and Robert Chow gained popularity as the hosts of two radio phone-in shows for Radio Television Hong Kong (RTHK), a government broadcaster, until they were informed that they would not have their contracts renewed for 2012.

RTHK has denied that political motives played any role in the decision to remove the two hosts. They claim that the decision was made by production staff following lengthy discussions about ways in which the programs could be revamped to become more competitive.

RTHK spokeswoman, Kirindi Chan, stated that “there are no political factors here, and there was no pressure from Director of Broadcasting Roy Tang.”

Roy Tang’s recent arrival as the director of broadcasting made many speculate that he was behind the decision to remove Ng Chi-sum and Robert Chow.

Joining in this speculation was Robert Chow who stated, “it’s hard for me to believe that our new director of broadcasting had no hand at all in this decision.”

The sudden decision to remove the protestors prompted democratic legislator Emily Lau to urge Radio Television Hong Kong to hold a news conference to explain their decision.

Following criticism about the removal of the hosts, legislative councilors will discuss the removal at a meeting of the broadcasting panel scheduled to take place in December. According to the panel’s chairman, Wong Yuk-man, invitations to attend will be extended to Roy Tang, Ng Chi-sum, Robert Chow and the head of Radio Television Hong Kong’s public affairs unit, Leung Ka-wing.

Mr. Wong explains that he hopes the meeting will allow Mr. Tang to explain the reason for the removals and prevent further speculation about political motives.

Despite the fear that China’s influence was behind the decision, many believe that the decision was no more than a choice made by executives to improve their programming.  This has been supported by reports that prior to their removal, the hosts were told their positions would be given to civil servants, which neither of the men are, and that the decision was made many months ago although just implemented this week.

Since surrendering sovereignty to China in 1997, Hong Kong has seen a number of outspoken radio personalities removed from popular talk shows.

Although the terms of Hong Kong’s handover from British rule includes the promise that they would be allowed to maintain their freedom of expression for fifty years, many fear that they may prone to self-censorship to avoid anger officials and corporations in China.

 

For more information, please see:

Radio Free Asia – Popular Talk Show Hosts Axed – 25 November 2011

The Standard – RTHK Reform Still Up In the Air – 25 November 2011

RTHK – Legco to Discuss RTHK Departures – 24 November, 2011

The Standard – Bad News on the Lunch Menu a Little Hard to Stomach – 24 November 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

NEW DELHI, India – Rights activists are urging the Indian government to take steps to insure that activists in the country are safe after an activist, the fourth to be murdered this year, is killed by a mob.

Sister Valsa John was killed last week when a mob of villagers, incited by Maoist rebels, of approximately forty-five people broke into her home and beat her to death. Her body was recovered by officials last Wednesday.

Although authorities were initially unsure  who was behind the murder their suspicions of Maoist involvement, following interviews with villagers and the discovery of Maoist pamphlets at the scene of the crime, proved correct on November 22 when Maoist rebels admitted that they were responsible for the killing.

John was involved in leading protests against the displacement of villagers caused by mining operations in the area that resulted in the forceful grabbing of land belonging to tribesmen.

According to rebel spokesperson, Somnath, John was killed because she had “let down the tribals” forcing them to “resort to the extreme step” of murdering her.

Some tribesmen were not satisfied with deals struck with mining organizations because they resulted in heavy loss of property and lives. This dissatisfaction prompted Somnath to assert the belief that John was “working for the interests” of mining companies.

There is also a report that John’s intention to accompany a rape victim to the police station to file a report incited the tribesmen, who wanted to pursue the matter out of court, to murder her.

Prior to the admission made by the Maoist rebels, the family of Valsa John believed that her murder was committed by a mafia-like coal organization that was irritated by John’s advocacy for the rights of tribesman against illegal coal mining.

Coal mining in India is largely owned, controlled and operated by these mafia-like organizations that mine illegally and sell the coal on the black market.

According to her family, Valsa John frequently received death threats from individuals believed to be members of a criminal gang profiting from illegal coal mining and had received such a threat just hours before her murder.  Conflict with the mining organization has been ongoing for years and led to her imprisonment in 2007.

In the past, these coal organizations have been accused of attacking and killing officials or rights activists who have objected to the exploitation of tribesmen.

Other activists killed in India this year are Nadeem Sayed, Shehla Masood, and Niyamat Ansari.

 

For more information, please see:

BBC – Maoists Admit They Killed India Nun Valsa John – 22 November 2011

Independent Online – Suspected Nun Killers Held in India – 21 November 2011

The Times of India – Jharkhand Nun Murder Case Cracked: Police – 21 November 2011

Amnesty International – India: Nun Murdered in Fourth Activist Killing n 2011 – 17 November 2011

MSNBC – Nun slain in India Faced Threats from Mine Bosses – 17 November 2011

By Greg Donaldson
Impunity Watch Reporter, Asia 

PHNOM PENH, Cambodia – In the opening statement of what many have called the most important stage of the Khmer Rouge trial, Prosecutor Chea Leang accused Nuon Chea, Ieng Sary, and Khieu Samphan of turning the country into “a massive slave camp producing an entire nation of prisoners living under a system of brutality that defies belief.”

This phase of the trial is known as “Case 002” and will examine Nuon Chea’s role in the killing of approximately two million people. Chea who is well known as “Brother Number Two” again wore his large sunglasses during the proceedings today as he has throughout the trial. While Cambodians are familiar with the accusations against Chea, hearing the stories and examples in a narrative caused many to cry.

Eighteen year old Tha Chanthy began to shed tears when explaining that her grandfather was killed by the Khmer Rouge. However, Chanthy said that she could come to terms with the past if justice was served. She explained “my grandfather died and he wasn’t guilty of anything. “We need to find justice for him.” “Even if he’s already passed away, if we can find justice then his spirit will be able to rest in peace.”

A key aspect of the case will be the prosecution’s ability to prove all of the defendants were engaged in a “joint criminal enterprise.” In order for the prosecution’s burden of proof to be met it will need to demonstrate each defendant had knowledge of and supported the implementation of a criminal plan.

The other prosecutor, Andrew Cayley, explained to the court that “none of the accused here ever soiled his hands with blood, but all set in motion a series of policies which unleashed an ocean of blood.” Cayley further explained that one witness will testify that Chea ordered the immediate execution of a large number of prisoners. The witness is currently serving a nineteen year sentenced for his role as head of Khmer Rouge’s main prison.

While many Cambodians are thrilled that the leaders of Khmer Rouge are being tried, pessimism among citizens of whether justice will be served is high. 74 year old Ieng Thirith has been declared “unfit” for trial due to medical reasons. Theary Seng, the founder of the Cambodian Center for Justice and Reconciliation explained “the release of Ieng Thirith is only one reflection on how incredibly late these trials are coming into place.”

Former prisoner Sum Rithy is undeterred by the manner the trial has moved forward. The former mechanic explained “the tribunal must continue, I’ve been waiting 30 years for this day.” “This isn’t a normal crime.” “This is a big case.” “Millions of people died.”

 

For more information, please see:

New York Times – Khmer Rouge Leaders Accused of Brutality ‘Defying Belief” – 21 November 2011

The Christian Post – Khmer Rouge Genocide Trial Leaves Cambodians Pessimistic – 21 November 2011

United Press International — Khmer Rouge Leaders’ Trial Under Way — 21 November 2011

Aljazeera – Khmer Rouge Trio Face Trial in Cambodia – 20 November 2011