By Hyo-Jin Paik
Impunity Watch Reporter, Asia

HONG KONG, China– A new chief justice has been named for the city of Hong Kong.  Lawyers and human rights activists said they were pleased to see a British-educated Geoffrey Ma head Hong Kong’s Court of Final Appeal later this year.

Ma currently serves as the chief judge of Hong Kong’s High Court, the city’s second highest court. 

Ma will succeed Andrew Li, who during his 13 years as chief justice was seen as the guardian of Hong Kong’s judicial autonomy.

Mainland China’s courts are criticized for imprisoning dissidents based on political motivation and for stifling individual liberties.  However, the legal system of Hong Kong is respected as when Beijing took over Hong Kong from Britain in 1997, Hong Kong was allowed to maintain its British-influenced political and legal systems whereby civil liberties like freedom of speech and protest are protected. 

Li told reporters that he is confident that Ma “will uphold the rule of law and safeguard judicial independence, and that the judiciary, under his leadership, will continue to ensure that individual rights and freedoms of citizens are fully safeguarded.”

In affirming Ma’s qualification for the position, Hong Kong’s Chief Executive Donald Tsang also said, “An independent Judiciary has been and will remain a cornerstone of Hong Kong’s stability and prosperity . . . I am confident Justice Ma will discharge his duties as head of the Judiciary with distinction.”

Ma’s appointment also garnered a positive reaction from the Hong Kong Bar Association.  The Association released a statement saying that Ma is well-respected and is “eminently qualified.”

Hong Kong Human Rights Monitor Director Law Yuk-kai was also elated saying, “[Ma] is strong in public law.  He has the competence to protect constitutional rights.”

However, critics and opponents have expressed concern regarding Ma’s two recent rulings.  One opposition lawmaker and veteran lawyer, Audrey Eu, commented that Ma has “always tended to be a little conservative.”

Nevertheless, Law said, “Of course we were disappointed about some cases, but I don’t think he is going out of the way to side with the government.”  He added, “Hong Kong doesn’t have democracy.  We expect there is at least one branch of government that serves as the last protector of our rights and interests.”

For more information, please see:

China Daily – Hong Kong appoints new chief justice – 8 April 2010

Taiwan News – HK top judge nominee praised as good for rights – 9 April 2010

WSJ – Hong Kong Taps Judge as New Chief Justice – 9 April 2010

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China– Three more Japanese nationals were executed in the northeastern Chinese province of Liaoning on Friday for drug trafficking after another Japanese individual was executed for the same offense on Tuesday.

Under Chinese law, trafficking, making or distributing 50 or more grams of methamphetamine is punishable by death.  Japan also has capital punishment but not for drug trafficking.

Furthermore, Tuesday’s execution of Mitsunobu Akano was the first execution of a Japanese citizen since China and Japan established diplomatic relations back in 1972. 

The other three individuals, Teruo Takeda, Hironori Uka and Katsuo Mori, were caught either distributing or possessing drugs, and all three were convicted.  Takeda was specifically charged with selling five kilograms of methamphetamine in 2004.

The Japanese nationals were reported to have been granted full legal rights during their detention and trial.  Their rights to appeal have also been said to have been upheld.  

Japanese Prime Minister Yukio Hatoyama called the executions “regrettable.”  In addition, he asked Japanese citizens to remain calm after a peaceful demonstration took place outside the Chinese Embassy in Tokyo and to recognize that the two countries have different laws.

Both Japan and China have said that they hope the two countries’ relations will not be affected.

However, Japan’s Justice Minister Keiko Chiba said she was “concerned about relations between Japan and China when I think of the uncomfortable feeling or reaction felt by [the] majority of the Japanese people.”

The Japanese Prime Minister did announce that his government will “work hard to ensure that this does not lead to cracks in the Japan-China relationship.”

Just last week, China was under fire from Amnesty International because the human rights organization alleged that the Chinese authorities are claiming fewer number of executions than those actually carried out.

Amnesty’s Claudio Cordone said, “If [fewer executions are] true, why won’t [China] tell the world how many people the state put to death?”

Under a law introduced in 2007, China’s Supreme People’s Court must approve all death sentences in order to avoid injustice.  However, despite the Chinese government’s refusal to release overall figures, China is still thought to execute the most number of people than any other country in the world.

For more information, please see:

BBC – China executes three more Japanese drug smugglers – 9 April 2010

RTT News – China Executes 3 More Japanese Drug Smugglers – 9 April 2010

Strait Times – China executes 3 Japanese – 9 April 2010

By Michael E. Sanchez
Impunity Watch Reporter, Asia

Bangkok, Thailand- On Thursday anti-government demonstrators said they will defy the state of emergency declared by the government of the Thai prime minister, Abhisit Vejjajiva.  They defiantly dared the government to break up their escalating protests, vowing to stage a rally in the capital despite the state of emergency which allows the military to move against large gatherings.

The prime minister declared the state of emergency Wednesday night after protesters briefly broke into Parliament, capping weeks of protests that have paralyzed the government and cost businesses tens of millions of dollars.  Abhisit said on Wednesday that the emergency would help authorities arrest leaders of the anti-government movement, which has been staging protests in the capital for over three weeks.

Jatuporn Prompan, a red shirt leader said “If you have the guts to do it, do it now.  But I warn you that our red shirt brothers and sister would flood into Bangkok in greater numbers, if you crack down on us.”

The state of emergency allows security officials to detain suspects without charge for up to 30 days, and gives them the option of imposing curfews, banning public gathering and censoring media.

The protesters camped in the city have ignored court orders and a large security presence.  Al Jazeera’s Wayne Hay, reporting from Bangkok said “they have completely disregarded the state of emergency that is now in place and have vowed to hold more rallies.” Since 2008, this is the fourth time that emergency law has been declared in the capital because of political turmoil.

Prime Minister Abisit has faced criticism for failing to take stronger measures to end the demonstrations.  Previously he had entered into negotiations with the red shirts and ordered security forces to pull back from possible confrontations.  Because of the volatile situation, he called off a planned visit to Vietnam for a meeting of southeast Asian leaders.  Investors fear this could derail the country’s high-performing economy.

Thai authorities have also shut down a television channel run by the red shirts.  Satit Wonghnongtaey, the minister attached to the premier’s office said the station had been taken off the air for inciting unrest.

The Red Shirts support ousted prime minister Thaksin Shinawatra, and view Abhisit as a puppet controlled by the unelected establishment and the military.

The Red Shirts say the prime minister,who came to power in a 2008 parliamentary vote after the courts dissolved a pro-Thaksin party in government at the time – should call an election and let the people choose their government.

For more information, please see:

Aljazeera.net- Red Shirts Vow to Defy Emergency– 8 April 2010

Associated Press- Protesters Defy State of Emergency in Bangkok– 8 April 2010

RTT News- Thai Protesters Vow to Defy Emergency-8 April 2010

By Alok Bhatt
Impunity Watch Reporter, Asia

TALAS, Kyrgyzstan – After prolonged street demonstrations and aggressive anti-government rallying, the opposition party successfully ousted the government in the central-Asian state of Kyrgyzstan.  Following a period of extensive unrest and violence, control of the government was taken after opposition leaders were able to gain dominance over security headquarters, television and numerous government buildings.  Command of the interior ministry of Kyrgyzstan, as well as the security structure of the state, have been fully replaced.

Rozun Otonbayeva, former foreign minister of the previous regime, has been instated as a tentative head of state until a more comprehensive governmental structure can be established.  The new regime aspires to build upon the current interim government within six months.  Opposition leaders hope also to draft a new constitution and establish fair election terms within that time.  The leaders of the new regime also hope to create conditions conducive to holding such democratic processes.

Although the actual replacement of Kyrgyzstan’s infrastructure seemed to have happened abruptly, the  causes and actions culminating in such a monumental event have persisted for a number of years.  President Bakiyev, Kyrgyzstan’s head of state prior to the shift in rule, has been continually accused of cronyism and corruption by his people.  He often gave his close associates and family members top economic positions for which they were not qualified, resulting in self-serving and unhelpful financial policies.  Bakiyev’s predecessor, Aksar Akayev, was also charged of similar violations.  Coincidentally, he too was later forcefully removed from the government.

Bakiyev, however, promised numerous reformations and improvements upon then-current mechanisms throughout his five-year rule.  Rather than substantiating these promises, Bakiyev took more counterintuitive measures and even began cracking down on media outlets reporting on his exploits.  He has also used coercive means to quell rallying, such as threatening prominent opposition leaders with violence and abusing his political influence to begin criminal investigations against them.

The rising cost of energy in Kyrgyzstan, identified as the reason for Wednesday’s street protests, has also invoked the ire of the people.   However, many poor nationals joined the rioting because of Bakiyev’s general negligence in taking affirmative steps towards improving their condition.

As of Wednesday, the death toll in the rioting is determined to be forty.  Many more were maimed and injured by security forces.  Despite the tragic costs, however, the new regime of Kyrgyzstan seems to have a plan for a more transparent and fair form of rule.

For more information, please see:

Al-Jazeera – Kyrgyzstan opposition ‘seizes power’ – 08 April 2010

BBC – Q&A: Kyrgzstan unrest – 08 April 2010

Washington Post – US voices concern as protests plunge Kyrgyzstan into chaos – 07 April 2010