By: Jessica Ties
Impunity Watch Reporter, Asia

SINGAPORE, Singapore – Despite urging from human rights groups, Singapore is refusing to abolish the Internal Security Act (ISA) which allows for individuals to be detained without a trial.

Curiosity about the nation’s plans for the act is due, in part, to Malaysia’s recent decision to abolish two of their security regulations. On September 15, Malaysia announced that it would abolish not only the Emergency Ordinance but their version of the Internal Security Act as well. Similar to the act currently in place in Singapore, both acts allowed citizens to be detained without a trial.

Despite Malaysia’s decision; however, Singapore’s Home Affairs Ministry has stated that the ISA continues to be relevant and crucial in the realm of national security.  In announcing the decision to not follow in Malaysia’s footsteps, the Home Affairs Ministry notated various differences that exist in the two nations.

 One such difference is the holding period required under both forms of the ISA. In Malaysia, detainees could remain in custody for up to sixty days while Singapore only allows detainees to be held for thirty days before the individual is required to be released unconditionally unless a Detention Order is issued.

The ministry also claimed that the ISA has never been used to detain somebody based solely on their political beliefs and has instead only been used to combat threats of subversion, espionage, terrorism and religious extremism.

While some scholars believe that there is a need for the ISA,  other groups as well as sixteen individuals who were formerly detained under the ISA are pushing for its abolition.

One proponent of the ISA, Dr. Rohan Gunaratana from the International Center for Political Violence and Research stated, “…ISA is [a] valuable tool to preventively detain terrorist suspects to investigate and also confine them.”

In contrast, sixteen former detainees held under the ISA state that “[t]his law has been in existence for more than half a century and its impact on society is both crippling and pernicious.”

One of the detainees is Chia Thye Poh who spent 26 years in detention and was one of the world’s longest held political prisoners along with Nelson Mandela.  Chia was detained in the 1960’s after being accused of being a Communist subversive.

Seven of the others former detainees were detained for an alleged Marxist conspiracy against the government of Singapore in 1987.

The Singapore government maintains that the sixteen former political prisoners were detained for their involvement in activities that threatened national security and not because of their political beliefs.

The ISA was initially enacted by British authorities to fight the Communist insurgency after World War II. While the ISA was generally used between the 1960’s and 1980’s to contain those believed to be causing racial and religious disharmony, it was primarily used to combat terrorism following the September 11 terrorist attacks.

For more information, please see:

Channel News Asia – MHA Says ISA Remains Relevent & Necessary – 23 September 2011

AFP – Ex-Prisoners Urge Singapore to Scrap Security Law – 19 September 2011

My Sinchew – Will Singapore Bow to Pressure to put an End to ISA? – 19 September 2011

Today – Selling Singaporeans on the ISA – 19 September 2011

Channel News Asia – ISA Relevant to S’pore, Crucial for National Security: MHA – 16 September 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – The Khmer Rouge tribunal explained Thursday that the four former Cambodian leaders accused of genocide will be tried on a charge-by-charge basis.

“Separation  of  proceedings  will  enable the chamber to issue  a  verdict  following  a  shortened trial,  safeguarding  the  fundamental  interest  of  victims  in  achieving  meaningful  and  timely justice, and the right of all accused in Case 002 to an expeditious trial,” the opinion read.

The court’s desire to accelerate the trials stems from the fact that defendants range in age from seventy-nine to eighty-five. The court is attempting to avoid the result of the 2006 trial of Slobodan Milosevic in which Milosevic died in his cell during trial.

Defendants have already cited their health as obstacles to upcoming trials. It has been reported that Ieng Thirith, the youngest of all the defendants, has dementia and memory loss. A health expert told the court that Thirith was no longer fit for trial.

Another defendant, Nuon Chea, has told the court that it is very difficult for him to focus and he cannot sit for long periods of time.

Clair Duffy, a trial monitor for the Open Society Justice Initiative admitted that the decision to break up the charges into separate trials is not perfect but explained the clock is ticking for the court to sentence the defendants before they die.

“I guess it’s an exercise of weighing competing interests. The question is, is it better to see some form of justice in a shorter period of time that only involves some allegations? I think the answer to that has to be yes,” she said.

While public appearances by the defendants have been limited, the media has kept a close watch on how the defendant’s act while in public. During a bail hearing in 2009, Ieng Thirith said that anyone accusing her of a crime would be cursed “to the seventh circle of hell.”

Nuon Chea has been wearing sunglasses and a stripped ski cap throughout the trial. On the first day of trial he announced that he was not happy with the trial. After a judge denied Chea’s request to hear hundreds of Chea’s witnesses, Chea staged a three day walkout.

Khmer Rouge ruled Cambodia from 1975 to 1979. In addition to being accused of genocide, it is also alleged that the regime authorized torture, executions, starvation, and child labor camps.

For more information, please see:

Phnom Penh Post — Khmer Rouge trial split — 23 September 2011

AFP – War crimes court splits KRouge trial charges– 22 September 2011

Voice of America — Khmer Rouge Court to Try Former Leaders Crime by Crime — 22 September 2011

The Atlantic — Scenes From a Khmer Rouge Trial Gone Wrong — 21 September 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – Protests continue into a fourth day in China where residents are expressing anger that land taken by the government has remained idle for years.

Police have been exercising control of Guangdong’s Lufeng city as citizens protest not only the government’s taking of farmland but also the inadequate compensation paid by officials.

 Reportedly, the protesters had only received 500 yuan per person, the equivalent of 78 American dollars, in compensation. The amount of compensation is shockingly low when compared to the $156 million paid by developers for the most recently seized plots.

According to Lufeng city officials, the land has been sold to be used for the development of industrial parks and high priced housing. There have also been reports that developers intend to use the land to build a luxury holiday resort, tourism villas and a neon-lit nightclub.

One protester, Chen, stated that the police “…have been sitting on that land and not using it, while more than 10,000 people in our area have no land to cultivate.”

A local resident and protest participant, Yang, estimated that between 3,000 and 4,000 people took part in the first day of protest which began on Wednesday following reports that more than 800 acres of the land that had been taken from farmers had been sold.

By Thursday several hundred armed officers and riot police were dispatched to disperse protesters.  Violence increased following the detention of several protesters by police as fellow protesters attacked the police station and overturned two police cars in demanding release of those who had been detained.

According to a local resident, the four individuals who were detained haven’t been released and the police have become increasingly violent, sending several people to the hospital including two thirteen year old children who were seriously harmed.

Chen described the nature of such attacks:  “[a]t about 10:00 a.m. [Thursday], the villagers were having a meeting, when [the police] suddenly drove up and starting beating people.”  

The villagers retaliated against police violence by vandalizing four police cars, besieging government buildings, overturning SWAT team vehicles and attacking police officers. The clashes resulted in more than a dozen protesters being injured by police batons.

It has also been reported that residents have attacked local businesses, including a factory and a livestock farm. On Friday, hundreds of protesters gathered outside of government offices, banging gongs, chanting and carrying banners reading “Return our farmland!”

Thousands of protests, many of which become violent, by local communities in China are sparked each month by official land acquisitions that result in lucrative offers for officials while the landowner receives little compensation in return.

 

For more information, please see:

Reuters – Land Grab Protest in S. China Simmers for 4th Day – 24 September 2011

The Wall Street Journal – Riots Erupt Over Land in China – 24 September 2011

The New York Time – Farmer’s in China’s South Riot Over Seizure of Land – 23 September 2011

Radio Free Asia – Protests Intensify After Clashes – 23 September 2011

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – A Pakistani man, Syed Zahid Hussain Shah, has been executed by the Chinese government after being sentenced to death for a 2008 drug trafficking charge.

Shah, a 36 year old former businessman, was arrested in 2008 amid accusations of drug trafficking and in 2010 he was sentenced to die by lethal injection.

Amnesty International’s Asia Pacific Director, Sam Zarifi, stated that “executing someone for drug related offences violates internationally accepted standards for imposing the death penalty…”

Zarifi also called on the Pakistani government to “…provide Shah with urgent additional consular assistance.” This request went unheeded as the Pakistani government refused pleas from not only the human rights community but also from the family members of Mr. Shah.

Frustration at the Pakistani governments failure to act was expressed by the Asian Human Rights Commission which stated “it is the primary duty of the Pakistani government to come forward and save the life of any Pakistani citizen who is made a victim because of the wrong advice from him lawyer and the sheer negligence of staff of the Pakistan embassy in Beijing.”

Although the consular assisted Shah during the three years he spent in detention his family believes that  the assistance he received was inadequate.

Shah was allowed a half hour visit with his family on the day preceding his execution and one last meeting on Wednesday morning before he was executed at four o’ clock that afternoon.

According to Shah’s family, he had been falsely implicated by business associates whom he was attempting to help at the time of his arrest and was not aware that he was breaking any law.

Although statistics on the death penalty are considered a state secret in China, Amnesty International estimates that thousands of people are executed in China each year and are not provided with clemency procedures after they have exhausted their appeals.

This year the Communist party has cut the number of crimes punishable by death, such as forging tax invoices, from 68 to 55. Of the 55 remaining crimes; however, 31 are non-violent crimes which are still death penalty eligible. An example of China’s willingness to utilize the death penalty is exemplified by the assurance Beijing has given the Chinese public that those who violate food safety laws which result in a fatality will face the possibility of execution.

For more information, please see:

BBC News – China Executes Pakistani Man on Drug Charges – 21 September 2011

The International News – Family Meets Pakistani in China Before Execution – 21 September 2011

Truth Dive – Human Rights Groups Urge China to Stop Pak Convict’s Execution – 21 September 2011

BBC News – China Lobbied Over Pakistan Man’s Imminent Execution – 20 September 2011

Asian Human Rights Commission – PAKISTAN: The Government Should Engage with the President of China for the Commutation of the Death Sentence of Zahid Hussain Shah – 19 September 2011

Hindustan Time – Justice by Death in China – 17 September 2011

Amnesty International – China Must Halt Execution of Pakistan National – 16 September 2011

By Greg Donaldson
Impunity Watch, Asia

BEIJING, China – It has been confirmed that Chinese government officials have placed a one year suspension on the popular TV talent show “Super Girl.” “Super Girl”, which is modeled after “American Idol,” has drawn nearly 400 million viewers in the past.

When questioned about the ban placed on Super Girl, the State Administration of Radio, Film and Television (SARFT) explained that the show exceeded the ninety minute time limit for talent competitions. SARFT claims that episodes of “Super Girl” can last more than three hours.

When speaking of “Super Girl,” government officials have described the program as “vulgar,” “manipulative,” and “poison for our youth.”

Li Hao, spokesperson for Hunan Satellite Television which aired “Super Girl”, said next year the station will air programs at night that encourage healthy morals, public safety, and give practical information about housework.

The ban has evoked much criticism of the Chinese government and organizations that regulate such as SARFT.

A senior employee at Hunan Satellite Television told BBC that SARFT was bitter over the popularity and financial success of “Super Girl.” “It is widely believed that the real reason for the ban is that Hunan TV’s talent programs have been extremely popular,” she said.

Others suggest the ability of viewers to vote for their favorite contestants was “dangerously democratic.” This theory has credibility as the government banned text-messaging voting in 2007.

Zhan Jiang, a journalism professor at Beijing Foreign Studies University said the ban is a reflection of the rift between the younger generation and the conservative bureaucrats who have kept a close watch on what kind of programs appear on media channels throughout the country.

“Super Girl” was previously banned in 2006 for three years, following a campaign by a cultural minister opposing the show. The minister, Liu Zhongde, said “Super Girl is certainly the choice of the market, but we can’t have working people reveling all day in low culture.”

Interestingly, an article was published in the China Daily eleven days ago about “Super Girl’s” dying popularity and appeal. The article explained that contestants and judges left much to be desired. The article quoted Li Hao as saying “Let’s face it. The heyday of reality singing shows is over.”

In addition to the ban placed on “Super Girl,” media regulators also imposed a one month suspension on a television station in the province of Hebei which displayed a son criticizing his father.

For more information, please see:

BBC- China takes popular TV talent show Super Girl off air – 19 September 2011

New York Times – Popularity May Have Doomed Chinese TV Talent Show – 19 September 2011

People’s Daily Online – Super girl taken off air – 19 September 2011

China Daily – Reality kicks in – 8 September 2011