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

By: Jessica Ties
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – The Malaysian government has used the Internal Security Act to detain thirteen individuals indefinitely and without trial despite an announcement in September that the ISA would be repealed.

According to the inspector-general of police all thirteen of those detained this week were arrested under Section 73(a) of the act which authorizes the police to make a warrant-less arrest of anyone whom they suspect might “act in any manner prejudicial to the security of Malaysia.”

Although the identities of those  detained have not been officially released, there are reports that the detainees include businessmen and two teachers and that six of those detained are foreign nationals who are slated to be deported to their country of origin.

The reason for the detentions, according to the inspector-general, is that intelligence and police investigations have uncovered information that those detained were attempting to revive militant activities but did not elaborate on which militant organization they belonged to. Authorities also allege that the suspects were planning to conduct paramilitary training on the coast of Malaysia before going to the southern Philippines and were using Tawau, a Malaysian coastal city, as their transit point for importing weapons from the Philippines.

Asia director of Amnesty International, Sam Zarifi, has criticized the Malaysian government as making “…a mockery of its plan to scrap the Internal Security Act by using it to detain people once again.” Zarifi has called on the Malaysian government to either charge the thirteen detainees or release them.

Voice of the Malaysian People, a rights group, has described the detentions as a heinous act and found it “…regrettable because it contradicts with the announcement of the prime minister of Malaysia” referring to the September announcement of the act’s repeal.

Over the past decade, the law has been used to detain over 100 militant suspects, political opponents and government critics without trial.

The Internal Security Act has been criticized as draconian and contrary to international human rights standards calling for a fair trial, the right to due process and freedom from arbitrary detention.

Human Rights Watch has been applying pressure to the Malaysian government to fulfill their promise to repeal the Internal Security Act. Even after the promise to repeal the act was made, however, the senior minister in charge of legal affairs explained that there was no schedule for action to officially rescind the Internal Security Act but that it might not happen until after the March 2012 legislative session.

 

For more information, please see:

Borneo Post – Six Foreigners Held for Militant Activity to be Deported – 19 November 2011

The Star – Thirteen Detained in Tawau are Terrorists, Says Hishammuddin – 19 November 2011

Amnesty International – Malaysia: New ISA Detentions Show U-Turn on Reform Promises – 18 November 2011

Arab News – Malaysia Arrests Thirteen Suspected of Militant Activity – 17 November 2011

Channel News Asia – Malaysia Detains Thirteen Over Borneo Militant Group – 17 November 2011

Human Rights Watch – Malaysia: Fulfill Promise to Repeal Abusive Laws – 23 September 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

HANOI, Vietnam – Two Vietnamese men have been imprisoned for “the illegal transmission of information on a telecommunications network” into China amidst suspicion that the prosecutions were an attempt by Vietnamese authorities to please the Chinese government.

Le Van Thanh and his brother-in-law Vu Duc Trung were sentenced to serve two and three years respectively following a half day long trial.

Both of the men arrested were followers of the Falun Gong spiritual movement which is inspired by Buddhism and focuses on meditation. The movement was banned in China in 1999 after the group organized a peaceful protest in Tiananmen Square causing the Chinese government to designate the group as a “threat to social and political stability.”

The two men were initially detained in June 2010 for broadcasting the Sound of Hope news program into China in which they discussed human rights abuses, corruption and the persecution of Falun Gong followers. The transmissions were made from a farm outside of Hanoi from April 2009 until their detention.

Although outlawed in China, the Falun Gong practice is not prohibited in Vietnam and, according to Epring Zhang of the Falun Dafa Information Center, “…the Vietnamese constitution should protect people’s freedom of speech and expression.”

In addition, the transmissions of uncensored news to China did “…absolutely nothing to harm Vietnamese society or break Vietnamese law” according to Falun Dafa and the court failed to produce a law banning broadcasting into China when pressed by Vu and Le’s attorney.

Furthermore, the Chinese government has allegedly sent correspondences to Vietnam requesting not only that the government prevent the transmission of radio content from Vietnam into China but also that they restrict and harass Falun Gong practitioners. Following the requests, China sent a letter praising Vietnam for their assistance in controlling Falun Gong.

The correspondences between the Chinese and Vietnamese government in conjunction with the legality of the activities of Vu and Le have led many to speculate that the conviction of the two broadcasters was an effort by the Vietnamese government to cater to China’s influence.

For example, Phil Robertson of Human Rights Watch argued that “Vietnam should not violate human rights and punish its own citizens merely because their activism displeases China.”

In addition, Reporters Without Borders released a statement that the “…verdict shows the authorities were conveying the anger of their Chinese counterparts, who were the targets of criticism expressed in the radio programs.”

Since being outlawed, Falun Gong practitioners in China have been detained, held in psychiatric facilities and forced into re-education through labor programs.

Just days before the trial of Vu Duc Trung and Le Van Thanh thirty Falun Gong demonstrators were beaten and detained for protesting the trial of the two men outside of the Chinese embassy in Hanoi.

 

For more information, please see:

NTDTV – Vietnam Complicit With Chinese Regime’s Persecution of Falun Gong: Rights Groups – 15 November 2011

Amnesty International – China: Local Residents Petition for Falun Gong Releases – 14 November 2011

IEWY – Viet Nam: Falun Gong Practitioners Detained Over Meditation Protest – 14 November 2011

Radio Free Asia – Under Fire Over Falun Gong Jailing – 11 November 2011

AFP – Vietnam Falungong Jailed Over China Broadcasts – 10 November 2011

by Hibberd Kline
Impunity Watch Reporter, Asia

NEW DELHI, India— Hundreds of Pakistani citizens are being held without charge in Indian jails located in Jammu and Kashmir, India’s Supreme Court revealed on Friday.

Speaking for the Court’s Bench, Judge RN Lodha proclaimed that it was “shocking that over 254 Pakistani nationals are languishing in jails without trial.”

The plight of the prisoners came to light as the Court heard a petition seeking the release of the prisoners.

Petitioner, Jammu and Kashmir National Panthers Party president Bhim Singh, said that the illegally detained prisoners included four Pakistani soldiers, a number of insurgents and nineteen women who had unintentionally across the border from Pakistan.

The four Pakistani soldiers were arrested between 1965 and 1967 after crossing the dividing line between Pakistani-controlled Kashmir and Indian-controlled Kashmir. The four have been held without charge ever since.

The Pakistani Army had initially informed the soldiers families that the four were dead. However, in 2006 a freed prisoner told the families that he had seen the soldiers in prison in 1998. Upon hearing the news, the families contacted the Red Cross in an attempt to find further information, but no trace of the prisoners could be found until last April.

In Ludhiana Jail in Punjab, another prisoner, who was pregnant when she was arrested in 2002 after crossing the border, has watched her daughter spend the first nine years of her life behind bars.

After learning of the large number of uncharged prisoners, the Court strongly chastised the government for failing to give a full account of the extent to which foreign nationals are imprisoned in Indian jails.

The Court ordered the government to file a “comprehensive report” including “complete information” within two weeks.

Judge Lodha stressed that; “…liberty is the most dear Article to [the Court] and the most precious right given to the people.”

The right to personal liberty is protected in Article 21 of the Indian Constitution and applies to everyone regardless of whether they are are Indian citizens or foreign nationals.

In 2010, the Court began monitoring the repatriation of Pakistani prisoners by the Indian government after Bhim Singh alerted them irregularities in the process. That year the Home Ministry reported that it had repatriated 293 Pakistanis including 130 prisoners and 163 fishermen.

However, the ministry also reported that an additional 500 Pakistanis remained in Indian prisons.

The ministry’s affidavit stated that India’s government exchanges prisoner lists with Pakistan twice each year.

The court order comes on the heals of Thursday’s more upbeat statement by the prime minsters of India and Pakistan. The two leaders proclaimed that the two countries relations are inextricably linked and promised a “new chapter” in Indian-Pakistani relations.

For more information, please see:

BBC News — India Court Shocked at Pakistanis Held without Charge — 11 November 2011

The Telegraph — India’s Supreme Court Denounces Pakistani Jail Term Discovery — 11 November 2011

Times of India — Pakistan Men in Jail for 40 Years Appals Supreme Court — 12 November 2011

The Nation — Indian SC ‘Shocked’ by Pakistanis in Jail — 11 November 2011