By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – Sudanese President Omar Hassan Ahmed Bashir arrived in Beijing on July 5 following an unexpected delay for a meeting with Chinese President Hu Jintao which was initially scheduled to take place on July 4.

Indictments by the International Criminal Court against Bashir have made Beijing’s invitation to the Sudanese leader controversial and has led to condemnation by several rights groups including Human Rights Watch and Amnesty International. Because China is not a member of the International Criminal Court, the country was not obligated to arrest Bashir once he presented himself in the country.

The International Criminal Court has indicted Bashir on charges of genocide for the mass killings that have occurred in the Darfur region of Sudan since the leader’s rise to office in 1993.

Richard Dicker, the director of Human Rights Watch’s international justice program stated that “Bashir’s flouting of international arrest warrants should be cause for condemnation, not for an invitation.”

Chinese President Hu Jintao reportedly invited Bashir to China to increase cooperation between the two nations and “exchange views on Sudan’s ongoing north-south peace process and the Darfur issue.”

Bashir’s visit comes just before the secession of South Sudan from the North which is expected to occur at midnight on July 9.

For more information, please see:

CNN – Sudanese Leader’s Visit Emphasizes China’s African Agenda – 29 June 2011

L.A. Times – Confusion as Sudan President Arrives Day Late in Beijing – 28 June 2011

Aljazeera – Bashir Visits China Ahead of S Sudan Split – 27 June 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

KABUL, Afghanistan— Approximately nine Taliban suicide bombers stormed the prestigious hilltop Inter-Continental Hotel in the capital city late Tuesday night, killing up to twenty-one people in the raid. Armed with rocket-propelled grenades and other weapons, the attackers entered the heavily guarded hotel where foreigners and authorities generally stay. An Afghan security official said that three of the suicide bombers detonated their explosives, one in front of the main gate, one on the second floor and one behind the hotel, reports the Khaama Press.

It is unclear whether the attack was in response to a local governor’s meeting or the upcoming transfer of police power. Regardless, the attack comes at a critical time as the United States plans to transfer security responsibilities to the national intelligence police in Kabul on the fourteenth. Afghan president Hamid Karzai has stated for months that his security forces are competent enough to handle Taliban attacks. President Obama has also announced the withdrawal of 33,000 American troops by the end of next year.

In response to the various Taliban attacks that preceded and followed the hotel bombing, President Karzai has spoken with Pakistan President Asif Ali Zardari about doing more to prevent Taliban activities. Both sides point fingers at the other when discussing the Taliban’s actions in their countries, but Afghan and US officials have pushed Pakistan to do more on the Pakistani side of the border to prevent future attacks reports Dawn.

Kamel Khan, a businessman, was visiting the hotel when the raid began. Khan heard gunfire and saw a man carrying a machine gun, with an ammunition belt across his chest, and a backpack. Khan stated “He stared at all of the guests like he wanted to kill us, and he had enough bullets to do it, but for some reason he just turned and kept going.”

Another hotel visitor, Maulvi Mohammed Orsaji, the head of the Takhar Provincial Council, was having dinner with a judge in the hotel’s formal dining room when several gunmen entered the room and killed the judge and Orsaji’s guard. Orsaji related that he had previous military experience, but he had never seen such a wild attack in his life. Some of the bombers carried tape recorders playing Taliban war songs and shot at anyone they saw, reports MSNBC.

When Afghan security forces entered the building, some of the attackers blew themselves up. A NATO helicopter then killed the remaining insurgents in a rooftop battle reports MSNBC. In a statement claiming responsibility for the attack, Taliban spokesman Zabiullah Mujahid said he received a phone call from one of his fighters during the raid. The fighter stated that the attackers killed the guards at one of the entrances to the hotel, and the assault was going as planned reports MSNBC.

Lutfullah Mashal, spokesman for the national intelligence police, continued to proclaim that the local police have the ability to protect residents from terrorist attacks in a news conference following the hotel siege. However, police officials were unable to explain how the attackers were able to enter the heavily guarded hotel with such a large arsenal of weapons.

For more information, please see:

Dawn– Karzai raises concerns with Pakistan over attacks — 5 July 2011

Khaama Press — Group of Suicide Bombers Stormed Kabul Intercontinental Hotel – 30 June 2011

Miami Herald — US-led coalition: Pakistan group behind Kabul hotel attack – 30 June 2011

Khaleej Times — 21 dead as Taleban storm Kabul hotel – 29 June 2011

MSNBC – ‘Everybody was shooting’: 18 die in Kabul hotel attack – 29 June 2011

Washington Post — Kabul hotel siege leaves at least 11 civilians dead – 29 June 2011

By: Jessica Ties
Impunity Watch, Asia

PHNOM PHEN, Cambodia – Four of the surviving leaders of Pol Pot’s Khmer Rouge are currently standing trial for crimes against humanity, war crimes, and genocide.  Now it seems that others responsible for these attrocities may never be brought to justice. 

In addition the four individuals currently standing trial, the international co-prosecutor has identified two more individuals suspected of being involved in the death of thousands of Cambodians. The co-investigating judges however, have closed the investigation of these suspects without arresting or interviewing them to pursue what would potentially be a third trial.

In response to the judges refusal to investigate,  The Open Society Justice Initiative, which has been monitoring the tribunal, has stated that “The court’s actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts.”

After Pol Pot rose to power, approximately 1.7 million people perished from starvation, overwork, medical neglect and execution between 1975 and 1979. Four of the key members of the regime responsible for these deaths: Head of State Khieu Samphan, Foreign Minister Ieng Sary, Social Affairs Minister Ieng Thirith and the chief ideologue of the revolution Nuon Chea are standing trial one year after Kaing Guek Eav was sentenced to nineteen years in prison.

The tribunals are being conducted under a “hybrid system,” in which Cambodian judges and staff work in conjunction with United Nations officials. This system has proven to be problematic for past tribunals.

After the court’s refusal to investigate the suspects of the potential third trial, co-prosecutor Andrew Cayley went public demanding that the court take call cases before it seriously.  Commenting on the court’s decision, Mr. Cayley told BBC “It affects the integrity of this institution. The investigation needs to be done properly. Justice must not only be done, but it must manifestly and undoubtedly be seen to be done. And I believe if that does not happen, it will have serious consequences for the court as a whole.”

After Mr. Cayley’s statements, the Cambodian judges ordered Mr. Cayley to withdraw what they believed to be “confidential information.” They also stated that they would punish the staff member they believed to have leaked information and would welcome the resignation of international staff who disagreed with the way they were conducting investigations.

Co-investigating judge, Mr. Blunk, silenced a journalist who questioned the motives of the court by asking if the judges were trying to bury the case of the other two suspects by responding that “the use of the word ‘bury’ is insolent for which you are given leave to apologize within two days.”

It has been reported that Cambodia Prime Minister Hun Sen has stated that he would rather see the tribunal fail than see another trial and told Ban Ki-moon, U.N. Secretary-General, that he would not allow any additional trials to take place. It has been speculated that much of the Prime Minister’s motive for avoiding further trials is attributed to his desire to avoid embarrassment because some of the members of his inner circle held positions in the Khmer Rouge and were of an appropriate rank to be brought to trial.

For more information, please see:

VA News  – US War Crimes Envoy Seeking Support for Tribunal – 28 June 2011

Aljazeera – Profiles: Khmer Rough Leaders on Trial – 27 June 2011

LA Times – Khmer Rouge Trial Fraught with Drama in Cambdia – 27 June 2011

BBC – Cambodia’s Khmer Rouge Tribunal in Disarray – 26 June 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Three days after the Tamil National Alliance (TNA) accused the Sri Lankan government of breaking up a party meeting, Sri Lankan president Mahinda Rajapaksa declined to appear before a United States district court to answer for war crimes that he allegedly committed. The thirty million dollar claim was filed by a US-based Tamil lobby firm for the supposed killing of three members of the island’s ethnic Tamil minority by government troops.

The complaint alleges six violations of the US Torture Victims Protection Act. The plaintiffs claim that as commander-in-chief over the military, the president is responsible for torture and killings that occur during war when civilians victims exist. Justice Ministry Secretary Suhada Gamlath told AFP “under our laws, the president has immunity.” A member of the External Affairs Ministry told the Sydney Morning Herald that the courts actions were designed to embarrass the President and his government, and it would not be responded to.

The TNA said Friday morning army troops stormed into a party meeting Thursday evening and chased away supporters. The purpose of the meeting according to TNA was to discuss the upcoming local government elections scheduled for July 23^rd. “Despite our security guards telling them that we are members of parliament, around thirty military personnel in their uniforms attacked with batons,” E. Saravanabawan, a Jaffna district Tamil legislator told Reuters. A statement released by TNA stated “several soldiers in full uniform, carrying automatic weapons and long poles in their hands, rushed into the hall and started assaulting the people, about thirty of them were led by an officer who wore a t-shirt and army fatigue trousers and boots.”

The TNA statement further explained that when the military arrived M.A. Sumanthiran, a TNA legislator, spoke to an officer who appeared to hold the rank of a major. The officer told the lawmaker that the meeting did not have police permission and could not continue. Sumanthiran then attempted to explain to the officer that the meeting did not require any police permission because it was an internal party meeting, and even if it did require police permission, it would be a matter for TNA and the police to resolve together, not the military. Soldiers then marched into the hall and ended the meeting.

The day after the purported attack, military spokesman Major General Ubaya Medawela said he was unaware of any military involvement in the incident but added that police had begun an investigation. On Monday, Defense Secretary Gotabhaya Rajapakse ordered the Jaffna Army Commander, Major General Mahinda Hathurusinghe, to conduct an extensive investigation of the military attack on TNA. Rajapaske, who is the president’s brother, ordered Hathurusinghe to immediately arrest the culprits, reported the state-run Sri Lanka Broadcasting Corporation. Hathurusinghe met with TNA legislators about the issue and explained that the military has no intension to disrupt the peace in the area.

This incident highlights the issues the Sri Lankan government face following a twenty-six year civil war between the government and the Tamil Tigers. The conflict ended in May of 2009 when the government defeated the rebels who fought for a separate state in the north. The government offensive that ended the war has been described as ruthless, as more than 100,000 people were killed throughout the war, and both sides have accused the other of committing war crimes. The government is now under heavy pressure from the United Nations to set up an independent investigation into crimes committed during the war.

Other members of the government of Sri Lanka are also under investigation. Dr. Palitha Kohona, a dual citizen of Sri Lanka and Australia, who served as foreign secretary during the war and is now Sri Lanka’s ambassador to the United Nations, has been accused of engineering the surrender of key rebel leaders under white flags only to have them shot by troops, reports the Sydney Morning Herald. Dr. Kohona proclaimed his innocence explaining that he never had any military authority especially in dealing with the surrender of terrorists. A petition against Dr. Kohona has been received by the International Criminal Court.

Many northern TNA lawmakers have complained about the continued poor treatment of minority Tamils and continue to plead with the government to find a solution to the problem. In response to Thursday evening’s incident Keerthi Tennakoon, spokesman for Campaign for Free and Fair Election, a non-government organization which monitors polls in the island nation stated, “This proves that there is no environment for people in the north to exercise their political rights freely. There is a semi-military administration in north.” The Sri Lankan government has said that it is doing its best to restore the country to its pre-war state and the current military ruling will be dissolved.

The next round of talks to find a solution to the country’s social problems are scheduled for June 23^rd. The Sinhala Sunday newspaper The Divaina quoted government sources saying the government’s proposed plan is to give more power to the Tamils.

For more information, please see:

MSN News — Sri Lanka govt orders probe into ”army attack” on Tamil party — 21 June 2011

AFP — Sri Lanka president rejects US court summons – 20 June 2011

Sydney Morning Herald – War crimes summons against Sri Lanka President – 20 June 2011

Colombo Page — Sri Lanka’s major Tamil constituent wants the government to propose a solution for the ethnic problem – 18 June 2011

AFP — Sri Lanka Tamil MPs ‘beaten up by troops’ – 17 June 2011

Channel Six News — Sri Lankan Tamil party accuses army of attacking its election meeting – 17 June 2011

IBN Live — Lankan army storm Tamil party meeting: TNA — 17 June 2011

Reuters — Sri Lanka Tamil party says military attacked its poll campaign — 17 June 2011

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – Chinese artist and critic Ai Weiwei, who is well-known for his frequent condemnation of the Chinese Communist Party, was detained on April 3 after being seized by police at the Beijing airport while attempting to board a plane to Hong Kong. After his arrest, he was taken to a Beijing police “safehouse” on allegations of committing “economic crimes”. Four of his associates were also detained.

Following his arrest, information began to surface that Mr. Ai had been arrested for tax evasion after a company controlled by him, Beijing Fake Cultural Development Ltd., was believed to have evaded taxes and destroyed accounting documents. Reportedly, Mr. Ai was released only after he confessed to the crimes and repeatedly assured officials that he would repay the back taxes.

The Wall Street Journal described this case as “…no ordinary tax case but a politically motivated investigation designed to silence an increasingly popular critic”. Mr. Ai was not formally arrested, indicted, charged, convicted or sentenced for any crime before being detained for 80 days.

Prior to his detention, Mr. Ai was known for frequently utilizing Twitter and other public mediums to express his views on the Chinese government. After arriving home; however, Ai Weiwei gave a brief statement to reporters outside of his home explaining that he could not talk about the incident and to understand his inability to comment due to the conditions of his parole. As another requirement of his parole, Mr. Ai is required to remain in Beijing for one year unless he is given special permission from the government to leave and must report to police whenever he is asked.

The release of Mr. Ai has prompted increased internet censorship in an attempt to conceal any information about the popular critics arrest and detention. For example, a strictly censored Chinese blog, Sina Weibo, has banned words with any relation to Mr. Ai such as “release”, “the fat guy” and “AWW”.

While Mr. Ai’s cousin was released on Thursday, the other three associates remain unaccounted for. Mr. Ai is just a single activist in over 130 that have been detained in a government crackdown on dissent that began in February as a reaction to the government’s fear that uprisings in the Middle East and North Africa would influence revolution in China. Amnesty International is asking that the Chinese government’s decision to release Ai Weiwei not “diminish the international outcry about other activists detained…”

For more information, please see:

China Digital Times – Ai Weiwei Released on Bail; Xu Zhiyong Reportedly Detained – 24 June 2011

The Independent – Ai Weiwei Cousin Freed but Associates Still Missing – 24 June 2011

CNN – Ai Weiwei’s Release Accentuated by Web Censorship, Terse State-Media – 23 June 2011

NY Times – Now Free, a Chinese Dissident Muzzles Himself –  23 June 2011

Wall Street Journal –   China’s Shame Over Ai Weiwei – 23 June 2011

Amnesty International – Chinese Government Attempts to Deflect Criticism With Ai Weiwei Release – 22 June 2011