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

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – China has invited Sudanese President Omar al- Bashir to visit the country June 27 through June 30. Following his election to presidential office in 1993, Omar al-Bashir and the Government of Sudan have committed genocide in Darfur which has resulted in over two million displaced persons, another 275,000 refugees and approximately 400,000 deaths.

 

 

 

 

 

 

 

 

 

Al-Bashir’s alleged contribution and orchestration of human rights violations in Darfur have led to two arrest warrants being issued against him in 2009 and 2010 by the International Criminal Court. Al-Bashir is facing a total of ten counts comprised of five counts of crimes against humanity, two counts of war crimes and three counts of genocide.

Al-Bashir is visiting China on the invitation of President Hu Jintao who is highly vested in Sudanese oil production. Two-thirds of the oil produced in Sudan goes to China making Sudan China’s third largest African trading partner and placing China in a position to encourage Sudan’s future success as a nation. Chinese spokesman, Hong Lei, stated that the meeting is intended to conduct talks in efforts to promote peace and stability in Sudan.

U.S. State Department spokesman Victoria Nuland commented on al-Bashir’s visit to China by stating that “China makes its own national decisions” but that they hope China will use the leaders visit as an opportunity to “make strong points to him about the future of his country and the importance of peace.”

Al-Bashir’s invitation to China comes a month before South Sudan is set to split from North Sudan and coincides with a report by the United Nations announcing that the violence on the border of north and south Sudan is currently increasing.

Just as Amnesty International had strongly opposed al-Bashir’s visit to Malaysia, which was subsequently cancelled by al-Bashir, the human rights organization also strongly opposes the leader’s visit to China.

Although China is not a party to the Rome Statute of the International Criminal Court and therefore not required to arrest al-Bashir, it is a permanent member of the UN Security Council which referred the situation in Darfur to the ICC prosecutor resulting in a resolution encouraging all states to cooperate with the ICC.

Deputy Asia Pacific Director at Amnesty International, Catherine Baber, has stated that China should not allow al-Bashir to visit the country or should arrest him upon entry because if “China welcomes Omar Al-Bashir it will become a safe haven for alleged perpetrators of genocide.”

For more information, please see:

New York Times – Is Omar Hassan al-Bashir Up to Genocide Again? – 18 June 2011

Business week – China Invites Sudan Leader Accused of War Crimes – 17 June 2011

China Daily – Sudan Leader to Pay Visit – 17 June 2011

Amnesty international – China Must Arrest Sudanese President – 16 June 2011

Forbes – China Invites Sudan Leader Accused of War Crimes – 16 June 2011

International Criminal Court – Darfur, Sudan – 12 July 2010

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – Following the discovery of mass lead poisoning among children, Chinese officials are restricting access to available lead testing, altering test results, withholding test results and denying treatment to children who have suffered from exposure to excessive amounts of lead.  In addition, those who speak out about the lead poisoning problem are detained, intimidated and harassed by Chinese authorities.

While there is no official figure on the extent of the lead poisoning problem in China, reports by medical experts say that, in many regions, a majority of children have high levels of lead in their blood.

In the most recent case more than 26 adults and 103 children were sickened from tinfoil processing workshops. In the past two and a half years thousands of adults and children have been found to have toxic levels of lead exposure. In one village, Mengxi, 233 adults and 99 children were found to have seven times the amount of lead deemed safe by the Chinese government in their blood. This exposure is largely due to battery and metal factories located throughout the country.

Children are at a significantly higher risk of lead poisoning because their bodies take in up to half of what they encounter in the environment. Lead poisoning can cause children to suffer permanent intellectual, neurological and developmental disabilities.

The mother of a poisoned child stated, “the doctor told us all the children in this village have lead poisoning. Then they told us a few months later that all the children are healthy. They wouldn’t let us see the results from the tests though.”

Many parents have also stated that despite their children being diagnosed with severe lead poisoning, they were told by doctors to just have their child consume various types of food or drink milk. Joe Amon, health and human rights director at Human Rights Watch added that “children with dangerously high levels of lead in their blood are being refused treatment and returned home to contaminated houses in polluted villages.”

While China has expansive environmental policies, environmental protection officials generally do not have the influence required to compel local government officials to enforce the policies and face substantial resistance when  following the policies may hinder economic interests.

According to a report by Human Rights Watch, in villages that experience the highest levels of lead poisoning, affected children will need significant assistance to overcame the cognitive and physical impairments caused by lead poisoning.

For more information, please see:

Forbes – Report: China Hushing Up Lead Poisoning Epidemic – 15 June 2011

Fox News – China Downplays Risk to Children from Lead Poisoning, Report Says – 15 June 2011

Human Rights Watch – China: Children Poisoned by Lead and Denied Treatment – 15 June 2011

New York Times – Lead Poisoning in China: The hidden Scourge – 15 June 2011

Radio Free Asia – Lead-Poisoned Children ‘Neglected’ – 15 June 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

BEIJING, China – The death of a Chinese legislator, during his detention in police custody, has triggered mass protests throughout the Chinese province of Hubei. Ran Jianxin, a member of the local People’s Congress had been investigating accusations of corruptions in a city-backed land deal, but was arrested May 26^th on bribery charges and died while in police custody on June 4^th.  Mr. Ran’s family alleges that the bribery charges were fabricated in order to halt Jianxin’s corruption investigation.

Xinhua, China’s official news agency, quoted his cousin as saying that Mr. Ran’s body bore signs of an “unnatural death.” Ran’s body had multiple cuts and bruises. The New York Times released several photos online that allegedly show Mr. Ran’s corpse.

On Saturday 2,000 protestors stormed government headquarters in Lichuan to express their rage over the death of the legislator. Local authorities sent armed riot-police to disperse the crowd, but the protesters resisted. After fighting through the police, the crowd tore down the electric iron gate of the government compound according to the Epoch Times. Hundreds were injured as reports alleged that the  police beat the crowd with electric batons and protestors fought back with bottles and eggs. Eventually, officials sent armored vehicles which ended the riot.

Ms. Yuan of Lichuan City told Radio Free Asia (RFA) “the crowd demanded justice and demanded the murderers be captured.” Ms. He who works for a drug store told RFA that many protesters who were wounded and covered with blood came to her store to seek medical help.

Ms. Zhang told RFA that Ran worked hard for the well-being of civilians, and that people wished to seek justice for him. “A good official did many good things for his people, but was killed by officials from another area,” she said.

According to Hong Kong-based Apple Daily, several thousand Lichuan City residents gathered in front of the government offices on June 9, holding banners that read “Secretly Killed for Offending the Leaders.”

Li Jingsong, a lawyer, from Beijing, told RFA that detention centers in China are overseen by the Public Security Bureau, and hence there is a lack of effective monitoring and supervision. According to Li, Ran’s death again demonstrated that the legal rights of detainees in China’s detention centers are not protected.

“The main problem is that they have no regulations on management,” he said. “The detention centers and the public security system are too closely tied together.”

Two city officials have been detained in connection with Mr. Ran’s death, the Communist Party newspaper Global Times reported. Two others, a local prosecutor and a deputy director of the city’s Communist Party, have lost their jobs, according to Agence France-Presse.

For more information, please see:

Tibetan Review – Thousands clash with police in China over sympathetic bureaucrat’s custodial death – 13 June, 2011

BBC News – China unrest: 25 arrested after clashes with police – 12 June, 2011

The Epoch Times – Thousands Protest in China’s Hubei Province, After Official’s Suspicious Death – 12 June, 2011

New York Times – Chinese Street Vendor Dispute Expands into Violent Melee – 12 June, 2011