By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan – Despite talks of abolishing the capital punishment system, Taiwan has executed four men.  These executions, whereby the inmates were shot by a firing squad, were Taiwan’s first since December 2005. 

Although death penalty is a sensitive issue in Taiwan, it is widely supported by the Taiwanese public.  In fact, the former justice minister resigned in March because the Minister refused to sign death warrants for prisoners. 

However, a human rights group called the Foundation for Judicial Reform condemned the recent executions saying, “We are shocked and angered . . . the justice ministry sped up the executions in a reckless process despite concerns over capital punishment.”

This Taiwanese rights group is claiming that the Justice Ministry purposely hastened the process for the four inmates who were executed. 

Amnesty International’s Asia-Pacific Deputy Director Catherine Baber said, “These executions cast a dark shadow on the country’s human rights record and blatantly contradict the Justice Minister’s previously declared intention to abolish the death penalty.”

In defense, Taiwan’s Ministry of Justice released a statement saying that the prisoners were “put to death according to the laws as the four were convicted of grave offenses,” adding that the executed inmates “did not request Constitutional interpretations of their cases.”  Taiwan reserve capital punishment for serious offenses, such as aggravated murder, kidnapping and robbery.

Nevertheless Baber said, “The world was looking to the Taiwanese authorities to choose human rights, and to show leadership on the path towards abolishing the death penalty in the Asia-Pacific.  [The] executions extinguished that hope.”

Along with Amnesty International, Taiwanese Alliance to End the Death Penalty (TAEDP) also expressed its “shock and anger.”  TAEDP often raises the question of legality over executions, and with regards to the recent executions, TAEDP’s Executive Director Lin Hsin-yi said that the executions were “furtively and hastily” carried out without notice to the inmates’ families.

49 Taiwanese were put to death between 2000 and 2005.

For more information, please see:

AFP – Taiwan rights groups lash out at executions – 1 May 2010

BBC – Taiwan conducts rare executions – 1 May 2010

Focus Taiwan – Rights groups condemn Taiwan’s executions – 1 May 2010

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – The twenty year old ban prohibiting foreign travelers with HIV/AIDS, sexually transmitted diseases, and leprosy from entering China has been lifted.

The Chinese government lifted the ban on Tuesday.  The revision comes just days before the opening of the Shanghai World Expo.

China’s State Council said that several provisions in the Border Quarantine Law and the Law on Control of the Entry and Exit of Aliens, which were implemented in the 1980s, are being revised because the ban was imposed two decades ago with “limited knowledge about HIV/AIDS and other diseases.”  However, the Chinese authorities have now come to a conclusion that such ban had either limited or very small influence in controlling the spread of HIV/AIDS or other sexually transmitted diseases in China.

UN Secretary General Bank Ki-moon praised China and President Hu Jintao for lifting the ban saying, “Punitive policies and practices only hamper the global AIDS response.”

The United States also welcomed China’s move.  U.S. Secretary of State Hillary Clinton said, “I commend China’s decision to lift its ban . . . China’s step . . . is supposed by current medical knowledge of HIV transmission and risk.”

Clinton added that the long-standing policy of prohibiting people with HIV from entering the country will also help reduce the stigma and discrimination around this global epidemic.

Those inside China also believe that Chinese government’s lifting of the ban is a step towards progress.  Medical professor at Qingdao University and an advocate for rights of people living with HIV (PLWHIV), Zhang Beichuan, said, “Previously, China viewed HIV/AIDS as an imported disease related to corrupted lifestyle.  But now the government handles it with public health perspective.”

He Tiantian, a Chinese woman in her 30s living with HIV also said, “This revision shows us a silver lining, because we have advocating for the rights of PLWHIV . . . now we know we didn’t do it in vain.”

Nevertheless, He added that it will “take time to end discrimination, but the change in the government’s stance will help change the public’s attitude . . . .”

According to the Health Ministry, the estimated number of those living with HIV in China was approximately 740,000 as of October 2009 and almost 50,000 Chinese have lost their lives to HIV/AIDS since the disease was first reported in 1985.
For more information, please see:

China Daily – China lifts entry ban on HIV/AIDS foreigners – 29 April 2010

RTT News – China Lifts Ban Imposed on HIV-Infected Foreign Travelers – 27 April 2010

Zee News – China lifts ban on entry of HIV individuals; US welcomes – 30 April 2010

By M.E. Dodge
Impunity Watch Reporter, Asia

BANGKOK, Thailand – A major hospital evacuated patients and suspended operations, except emergency surgical procedures, after Red-Shirt, anti-government, protesters surged the hospital in search of security personnel they suspected were using the hospital as a lookout of their base.

  A “red shirt” anti-government protester is detained by Thai soldiers on a street near the residence of Thailand’s Prime Minister Abhisit Vejjajiva. Photograph courtesy of Time.

Hospital directors and administrators pleaded with the group not to enter, and after storming the building, and not finding police or military within, the group of protestors withdrew back to their nearby barricaded enclave.

Following the incident, Thailand’s Prime Minister, Abhisit Vejjajiva, whom the protesters seek to overthrow, went on nationwide television to criticize Red Shirt actions, which he states are paralyzing areas of central Bangkok. In a press release, Vejjajiva stated, ”It’s not necessary for me to condemn (the hospital break-in) since Thai society and the world community have already done that,” and went on to say that the government would ”not allow any movements that pose threats to the public.”

In mid-April Thailand experienced a resurgence of turmoil as minority and majority interests clash. The ideological divergence created a standoff between street protesters, under the United Front for Democracy, against Dictatorship and the government of Abhisit Vejjajiva. The situation has left the country in a perpetual state of unrest. So far, there have been26 reported deaths and hundreds of people injured.

Security forces, in almost every recent instance of protestor violence and activity, have  been unable or unwilling to stop the Red Shirt forays, including that of the hospital breach. In commenting on the group’s actions, Weng Tojirakarn, a Red Shirt leader and medical doctor, issued a ”deep apology” for the raid staged by up to 100 protesters. He told reporters that is was, ”inappropriate, too much, and unreasonable.”

The nation also fears a backlash from another factious group, the Yellow Shirts, who, back in 2008, were responsible for closing Bangkok’s airports for one week. People in Thailand are worried they may also engage in the hostile unrest by further inflicting street violence.

Many believe that to bring these turbulent times to an end, ultimately, Thailand will have to find a way to have majority rule with the protection of minority rights. Some posit this may mean that the Prime Minister will need to make the country’s hierarchy less prohibitive of minority concerns.

 For more information, please see:

The Guardian – Compromise is the only answer to the Thai crisis – 30 April 2010

The New York Times – Thai Protesters Storm Hospital – 30 April 2010

Associated Press – Thai hospital evacuated after protesters storm it – 30 April 2010

By Alok Bhatt
Impunity Watch Reporter, Asia

BAGRAM, Afghanistan – Representatives of the US military recently divulged its designs to remove and re-locate non-Afghan prisoners presently detained in Bagram Air Base.  Bagram Air Base signifies the United States’ controversial detention facility outside the capital  city of Kabul.  Since 2001, the US military has utilized Bagram Air Base to hold suspected enemy combatants, persons classified as terrorists, and other alleged malefactors.  Numerous human rights issues have been invoked since the transformation of the Air Base into a prison.  Among the most significant international law violations charged are the torture of Bagram inmates and the indiscriminate abduction and subsequent captivity of persons with unconfirmed combatant status from countries surrounding Afghanistan.

Vice-Admiral Robert Harward of Joint Task Force 435, overseer of detainees and operations concerning their imprisonment, stated that Bagram contains only a small number of non-Afghan detainees.  There are supposedly only approximately thirty to sixty foreign nationals held in Bagram.  The US military has also claimed that it is currently coordinating with the native countries of the non-Afghan detainees.  These negotiations aim to deliver non-Afghan inmates back to the legal structures of their respective home nations.

The decision to  release all non-Afghan detainees is said to have formed from Afghanistan’s requests, for they did not desire to manage persons from other states when the Afghan government assumed control of the prison.  Prior to the recent decision to ultimately relinquish control of Bagram to Afghanistan, the US military had sole rule over its operations.  However, by the end of 2010, the US military hopes to transfer the responsibility of running the prison to the Afghan government.  While Afghanistan will possess control of the institution,the US military will retain some minimal involvement.

In late 2009, the US military announced myriad reforms pertinent to the management of the Bagram Air Base.  Following the completion of expansion and renovation of the prison, it was announced that greater transparency and regard for rights would be implemented into its system.  The Afghan government will be charged with fulfilling these promises, particularly as they regard the non-Afghan nationals.  Although negotiations to transfer foreign nationals have gone underway, the ultimate fate of non-Afghan detainees, as a general matter, remains to be determined.

For more information, please see:

Al-Jazeera – US to ‘transfer Bagram detainees’ – 27 April 2010

Common Dreams – US to “transfer Bagram detainees’… – 28  April 2010

NPR – Rights Groups Descry U.S. Stand on Bagram Detainees – 15 September 2009

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – Two Chinese human rights lawyers are fighting moves to disbar them from practicing law for defending human rights activists.  Their case has drawn protests from others in the legal profession as well as activists groups.

The two lawyers, Tang Jitian and Liu Wei, could be disbarred because the Beijing Municipal Bureau of Justice has accused them of “disrupting order in court and interfering with proper litigation procedure.” 

Tang and Liu also stood a disbarment hearing last year in southwest China for defending members of the Falun Gong, a group that has been banned in China in 1999 after Falun Gong members protested around the Chinese Communist Party’s headquarters.  However, the two left the courtroom in protest.

Another hearing was held this week to decide whether the two should be permanently disbarred.  Amnesty International called the hearing “absurd” as the goal of the hearing is to revoke the two lawyers’ licenses for defending Falun Gong members.

Amnesty International’s Asia-Pacific Director Sam Zarifi said, “The notion that lawyers can be punished for presenting evidence and arguing their case in court is absurd.”

Zarifi added, “The Chinese Ministry of Justice must send a signal that it will protect lawyers from political intimidation and uphold their right and duty to defend their clients appropriately, in line with Chinese law and international legal standards.”

Teng Biao, who represented Tang and Liu at the administrative hearing before the Beijing Bureau of Justice, said, “This case is getting so much attention because it’s really about the basic ability of rights defen[s]e lawyers to represent people in court.”

In his defense, Tang also said, “In recent years, China’s gone into reverse.  The judiciary is paying more attention to politics, less to rule of law, and we felt we had to speak out.”

In the recent years, Chinese lawyers have used a combination of litigation and publicity to challenge the Chinese authorities’ laws and policies that restrict citizens’ rights.

Around 500 supporters of Tang and Liu gathered outside the hearing venue where they were met by 200 police officers.  Some 20 protesters were detained but most were released by end of the day.

“Escalating harassment of Chinese lawyers is seriously undermining the rule of law, and risks further lowering public trust in the Chinese legal system,” said Zarifi.

Tang and Liu are still awaiting the verdict.
For more information, please see:

Amnesty International – CHINESE HUMAN RIGHTS DEFENDERS SUBJECTED TO ‘ABSURD’ DISBARMENT HEARING – 22 April 2010

Reuters – China rights lawyers fight disbarment threat – 22 April 2010

Spero News – China: Lawyers for Human Rights demonstrate in Beijing against injustice – 22 April 2010