By: Jessica Ties
Impunity Watch, Asia

JAKARTA, Indonesia – Twelve Indonesians who played a role in a mob attack that killed three members of a minority Muslim sect were sentenced to serve light sentences ranging from three to six months.

The attack occurred on February 6 when a mob of people armed with knives and stones attacked about 25 Ahmadiyah members. The attack was caused by the mob’s opposition to the presence of the sect, which many Muslims consider to be heretical in their beliefs, and they demanded that they end their activities.

During the trial of the twelve attackers, victims of the attack were not permitted to testify against their attackers. One victim, Ahmad, expressed his anger by stating, “Seeing their sadistic behavior toward us, chopping up bodies, kicking, hitting and stabbing us. Some of them (victims) were even burned. We didn’t get call. They only called defense witnesses.”

Video footage of the attack showed a crowed of approximately 1,500 people attacking a handful of members of Ahmadiyah with clubs, rocks and machetes. Attackers were also seen stabbing and beating the bodies of the dead as they lay in the street. The video also revealed the presence of police officers who refused to take any action against the attackers as they beat and mutilated Ahmadis.

While various charges were brought against the attackers, none of them were charged with murder and while the most serious crime that the attackers were charged with allowed a maximum penalty of nine years, the prosecutors only demanded a maximum sentence of seven months.

One of the attackers, Dani bin Misra,  who was caught on video smashing in the skull of one of the victims with a rock was sentenced to only three months in jail for public incitement, destruction of property and an attack that led to death.

Another attacker, Idris bin Mahdani only received a five and a half month sentence for illegal possession of a sharp weapon and involvement in the attack despite the fact that he was the individual who led the mob to the home where the followers of the sect were gathering.

While Indonesia has generally been regarded as a religiously tolerant nation, in recent years extremists have become increasingly vocal in their views.

The Indonesian government issued a ministerial decree in 2008 that prohibited the sect from spreading its beliefs. This decree has led to attacks on sect followers by individuals who take the law into their own hands.

Human Rights Watch has called on Indonesia to revoke the 2008 decree and has called the light sentences given to the twelve attackers a “setback for religious freedom in Indonesia.”

For more information, please see:

The Jakarta Post – Muhammadiyah Chairman ‘Hurt’ by Cikeusik Punishment – 29 July 2011

MSNBC – No Justice for Victims of Islamic Sect Attack – 29 July 2011

CNN – Indonesia Under Fire for Light Sentences in Islamic Sect Attack – 28 July 2011

The New York Times – Rights Advocates Criticize Light Sentences in Sectarian Killings in Indonesia – 28 July 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia –The Malaysian government is detaining six members of the opposition political party, Parti Sosialis Malaysia which is legally recognized in Malaysia, without charge under Malaysia’s preventative detention laws.

The six Parti Sosialis Malaysia members were pre-arrested and continue to be held under the Emergency Ordinance after allegations were made that they were the “main movers” of the pro-democracy rally that took place on July 9. The rally was organized by the Coalition for Clean and Fair Elections, Bersih, to express a need and desire to reform voting laws and mend corruption in voting.

According to lawyers for the detained six members, the detainees have been held in solitary confinement and continually and aggressively interrogated. The detainees have also been blindfolded while in detention and also while in transportation to meet with their lawyers. In addition, the police have not yet made it clear whether the detainees will be permitted to attend the Habeas corpus hearing that was originally scheduled for July 22 but has been rescheduled for August 5.

Initially, the six opposition party members were charged under Section 122 of the Penal Code after being accused of preparing to wage war against the king. This allegation was based on shirts owned by the six members that had portraits of former Communist Leaders on them.

Although the six members were released on bail on July 2, they were then re-arrested under the Emergency Ordinance.

Malaysia’s Emergency Ordinance permits the police to detain, at their own discretion, any person that they find to be a threat to public order for 60 days. Under the Emergency Ordinance, the home minister is permitted to extend the detention every two years for an additional two years.

Since the six members were detained, over 520 police reports have been filed calling for the release of the six Parti Sosialis Malaysia members and the number of police reports being filed is expected to increase. Other forms of protests include candlelight vigils and the circulation of petitions calling for the release of the “PSM6”.

Family members have also filed reports to allege mistreatment of the detainees. Such allegations arise from failure to provide medical attention to those complaining of pain, refusal to provide the food necessary for certain medical conditions and forced lie detector tests.

The six Parti sosialis Malaysia members being detained are: Michaeal Jeyakumar Devaraj,  member of parliament; Sukumaran Munisamy, Central Committee member; Letchumanan Aseer Patham,  Sungai Siput branch secretary; Choo Chon Kai,  international coordinator; Sarasvathy Muthu,  national deputy chairwoman; and Sarat Babu Raman,  youth chairman.

 For more information, please see:

Voices of America –Rights Group Demands Release of Malaysian Rally Oganizers – July 21, 2011

The Malaysia Star – Counsel: PSM 6 Not Detained Over Red Links – July 21, 2011

Free Malaysia Today – 522 Police Reports and Counting – July 20, 2011

Human Rights Watch – Drop Charges against Activists Exercising Basic Rights – 20 July 2011

Free Malaysia Today – ‘PSM 6 Will be Freed if Detention is Political’ – 18 July 2011

By: Greg Donaldson
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia– At least 1600 people were arrested last Saturday after police officers rushed to break up a protest seeking electoral change. Police ended the protest by firing tear gas and water cannons. While injuries were low, the Daily Star reports that a 59-year-old taxi driver died during the rally as he attempted to flee from tear gas. The police, however reported that the man was a bystander whom died of a heart attack based on reports by the Jakarta Globe.

The protest was organized by a coalition of opposition groups known as Bersih 2.0. The government had already declared Bersih an illegal organization and anyone found with any Bersih-related materials could be arrested says CNN.

Prior to the protest, opposition leader Anwar Ibrahim wrote on his blog:

“Our reason for gathering is pure and simple — to demand that the electoral roll be cleaned, that the postal voting system be reformed, that indelible ink be used, a minimum 21 day campaign period be instated, free and fair access to media for all be provided, public institutions be strengthened, and for corruption as well as dirty politics to be stopped.”

The Malaysian Bar Council said in a report Tuesday that its monitors witnessed the police using tear gas and water cannons “arbitrarily, indiscriminately and excessively” and “beating, hitting and kicking the rally participants.”

The protesters, it said, acted in a “peaceful and calm manner,” except for an incident in which “one or more” people threw plastic bottles at a television reporter reports the New York Times.

On Wednesday, Malaysian Prime Minister Najib Razak defended the actions of his government. “Public order is very important in Malaysia because if we allow for street demonstrations, there’s no end to it, there will be another group that wants to demonstrate.” Mr. Najib also explained that while the government had banned protests in the capital city, the protestors had the option to hold their event outside of the capital city but refused to do so.

Najib accused opposition leader Anwar Ibrahim of planning the rally and manipulating rally organizers to gain support for his campaign to become the new prime minister says the Daily Star.

On Thursday, the Human Rights Commission of Malaysia announced that it planned to examine police conduct during the protest. Muhammad Sha’ani Abdullah, a member of the commission, said they decided to act after receiving complaints from the public, protest organizers, and rights groups. “We are also acting on media reports and our own observations during the rally,” said Abdullah in a New York Times report.

Saturday, US State Department Spokesman Mark Toner described concerns over the events last weekend. “Obviously, we stand for… the right for people to freely express their democratic aspirations and express their views freely.”

Toner stressed that the US would stand up for Malaysians’ “universal right” to assemble but stressed that it was the responsibility of protesters here to do so in a non-violent manner reports the Malaysian Insider.

For more information, please see:

Sydney Morning Herald —Condemn Malaysian crackdown, US urged – 18 July 2011

BBC — US concern at Malaysia crackdown on protests – 14 July 2011

Malaysian Insider — US voices concern over Bersih crackdown – 14 July 2011

New York Times — Malaysian Prime Minister Defends Muzzling of Protests – 14 July 2011

CNN — Malaysian authorities crack down on protesters – 12 July 2011

Daily Star — Malaysia defends protest crackdown – 11 July 2011

Jakarta Globe — Malaysian PM Defends His Regime’s Protest Crackdown – 10 July 2011

By: Greg Donaldson
Impunity Watch Reporter, Asia

BANGKOK, Thailand – The Thai Election Commission has decided to hold off on certifying the newly elected prime minister, Yingluck Shinawatra, citing it needed to look into several legal matters regarding the election.  This act has many calling into question the intentions of the Election Commission.

In a historic election that had a voter turnout of seventy-four percent, Shinawatra and her party Pheu Thai (also called “red shirts”), won a projected 261 seats in Parliament, while the former prime minister’s party only took 162 seats according to the Election Commission. Other exit polls show Pheu Thai’s win to be even larger reports Reuters. However, the Election Commission has the ability to take away an elected candidate’s victory if it finds laws were broken during the election.

Much of the controversy that surrounds the elections revolves around the fact that the newly elected prime minister is the sister of former Thai Prime Minister Thaksin Shinawatra. Shinawatra was overthrown in a 2006 military operation. Since his overthrow, lower and upper class Thais have been sharply divided.

Thaksin has been barred from politics by the courts and currently lives in exile in Dubai to avoid prison sentences that he calls politically motivated. However, one of Yingluck Shinawatra’s slogans for her campaign was “Thaksin thinks, Pheu Thai acts”.

The Thai news media have treated Ms. Yingluck as the presumptive prime minister.  The local newspaper Thai Rath stated on Wednesday the Election Commission “needs to clarify to the public why it is working so slowly.”

The paper further noted that “The role of the Election Commission in the recent election reeked like a bad odor,” and there were many suspicions about why the process was so jammed up.  The Bangkok Post explains that “only blatant cases of election fraud with strong evidence beyond reasonable doubt should bar anyone from initially entering public office.”

On Wednesday red-shirt leadership warned the Election Commission about their dissatisfaction over the delay in certification of newly elected members. Thida Thawornseth, chairwoman of the movement, called on the red shirts to “keep your batteries full and get ready for action in any situation.”

Thida described the Election Commission’s move as an attempt by the “ruling elite” to prevent the country emerging from its political crisis.” If the people’s interest is destroyed again, (the red-shirt movement) is ready to protect it,” she added.

The election results represent how sharply the country is divided into “red” and “blue” provinces. The blue areas, concentrated in Bangkok and southern Thailand support the departing government, while the reds support the Pheu Thai party whose members are generally poorer, less educated, and reside in the northern parts of the country.  More than half of the voters whose monthly income was less than $165 (USD) voted for Pheu Thai while less than a third voted for the Democrat Party.

For more information, please see:

Bangkok Post — Smooth Transition is Heart of Democracy – 15 July 2011

Asia News Network — Thailand’s red shirts warn of backlash if election body delays endorsement of Yingluck — 14 July 2011

Asia News Network — Thai election commission delays endorsement of Yingluck, partymates – 13 July 2011

New York Times — New Thai Government is Delayed by Legal Challenges — 13 July 2011

Time — Thai Election Board Delays Certifying Winners – 12 July 2011

Reuters – Thaksin party wins Thai election by a landslide — 3 July 2011

By: Jessica Ties
Impunity Watch, Asia

NAYPYIDAW, Myanmar – Myanmar is facing criticism for their use of prisoners as tools of war. The Myanmar military has forced inmates to act as porters and human shields on the battle field while those who attempt escape face possible torture and execution.

Porters are forced to carry the military’s equipment through areas believed to be heavily populated with landmines and are also forced into the direct line of fire to prevent military forces from being hit by bullets.

In a statement by Human Rights Watch, former porters have “described witnessing or enduring summary executions, torture and beatings, being used as human shields to trip land mines or shield soldiers from fire, and being denied medical attention and adequate food and shelter.”

One escaped porter illustrated the experience by stating that he and other porters “were carrying food up to the camp and one porter stepped on a mine and lost his leg. The soldiers left him, he was screaming but no one helped.”

Karen Human Rights Group, which is based in Myanmar, and Human Rights Watch conducted interviews of former porters who had fled from the battlefield. These interviews are used in a report, titled “Dead Men Walking”, about the use of convict slave labor. According to the interviews, the inmates are chosen at random from prisons across the country. While some of those chosen have been convicted of serious offenses, others have committed only minor crimes such as brawling.

The use of inmates for acts of war has been a systematic practice in the country and dates back to as early as 1992. In January approximately 1,200 male prisoners were forced to serve as porters during two military operations which were carried out with the support of the army, the police and prison authorities.

For decades the Myanmar military has fought against various ethnic armies who are seeking autonomy. In addition, the report calls for an investigation into the military and the ethnic rebel groups for not only forcing civilians to become porters, but also for recruiting child soldiers and using landmines in conflict.

The use of porters has been ignored by the new civilian led government in Myanmar despite the call of inquiry that has been supported by 16 countries including the United States and Britain.

Human Rights Watch has stated the use of convict slave labor constitutes a war crime and is demanding that the United Nations launch an investigation into the use of prisoners in Myanmar.

For more information, please see:

AFP – Rights group slams Myanmar use of convict porters – 13 July 2011

Asian Correspondent – ‘Dead Men Walking’: Burma’s convict army porters – 13 July 2011

MSNBC – Rights group: Myanmar uses ‘convict slave labor’ – 13 July 2011

Reuters – Myanmar army turning prisoners into war zone porters: groups – 13 July 2011