By Michael E. Sanchez
Impunity Watch Reporter, Asia

PESHAWAR, Pakistan- When an army jet bombed a remote village in Pakistan’s tribal region of Khyber, at least 73 civilians were killed, local officials said.

The incident took place on Saturday, but because the news was slow in being reported because of the region’s inaccessibility.  Dilla Baz Khan, helping free a woman from the rubble an air raid when the Pakistani jets came back to the valley for another bombing run, killing scores of locals in a village that has been said to be supportive of army offensives against militants on the Afghan border.  On Tuesday Khan, along with other survivors said at least 68 were killed in the weekend airstrikes.  This contradicts initial army accounts that the majority of the dead were Islamists militants.  Officials have reportedly already paid compensation to families of victims.

Officials declined to say how many dead were civilians.  The top official in Khyber, Shafiullah Khan, apologized to local tribesman and admitted the victims were “mostly” innocent villagers.  The facts point to this being one of the most serious incidents of civilian casualties inflicted by Pakistan’s military in the border region in recent years.  These attacks will likely hurt efforts to get the backing of local tribesman tribesman for offensives against insurgents behind bloody bombings in Pakistan, as well as attacks on international troops in neighboring Afghanistan.

Many people have died in the area in the last year and a half.  Villagers say another strike by a U.S. drone missile killed 13 people on Monday, contesting accounts by Pakistani officials that the dead were four militants. Major General Athar Abbas said those killed in the air strike were attacked because it had intelligence that militants were gathering at the site.

Correspondents say that the army is under pressure from the U.S. to move forcefully against Taliban and al-Qaeda militants in the north-west.  The army consistently reports killing militants in air strikes, but rarely admits responsibility for civilian deaths.

Relief agencies say the attacks against militants in Pakistan and in neighboring Afghanistan have displaced more than one million people.

For more information, please see:

BBC News- Pakistan ‘Army Air Strike Kills Dozens of Civilians’– 13 April 2010

Associated Press- Pakistani AirStrike Kills Many Civilians: Official– 13 April 2010

The Washington Post-Ire Grows Deadly Pakistan Airstrike– 13 April 2010

By Michael E. Sanchez
Impunity Watch Reporter, Asia

KANDAHAR, Afghanistan- On Monday four civilians were killed and 18 others were wounded  when US troops fired on a bus in a Afghanistan, sparking protests and an expression of regret from the military alliance.

The bus was traveling from Kandahar to western Herat province, provincal officials said.  Later around 200 men took to the streets of Kandahar to demonstrate over the killings on a highway outside the Afghan city, burning tyres and shouting “death to America, death to Karzai, death to this government”.  Later, three Taliban militants wearing suicide vests and carrying guns tried to storm the office of Afghanistan’s premier spy agency in Kandahar, causing a shoot-out.

Speaking by telephone, the bus driver, who gave his name as Esmate, said he was about 70 to 100 meters from a military convoy when the shooting started.  “They opened fire at us and I fell unconscious.  The people who were killed were sitting in the seats just behind me,” he said.  Gul Mohammad, another witness, heard the firing and saw the bus skid on the road, alleging that the soldiers “opened fire for no reason”.

This incident reflects the chronic insecurity in the province, where US-led military forces are preparing a major push to dislodge the Taliban from their spiritual base.

NATO expressed it’s regret over the incident and said forces treated the injured at the scene.   Civilian deaths as a result of NATO has been the cause of increasing friction between NATO and the Afghan government.  NATO admitted its forces were responsible for the deaths of three women during a botched night-time raid in eastern Afghanistan in February.

NATO is continuing to investigate the incident.  Patrols warned off the approaching vehicle with a flashlight and flares.  “Perceiving  a threat when the vehicle approached once more at an increased rate of speed, the patrol attempted to warn off the vehicle with hand signals prior to firing upon it,” the statement says.

Currently Afghan and NATO forces are engaged in an anti-Taliban operation to rid parts of southern Helmand province of militants. Officials have stated that the offensive will switch focus to Kandahar in the next few months.

For more information, please see:

BBC News- Nato Firing Kills Afghan Civilians In Kandahar – 12 April 2010

AFP- Afghan Fury After US Troops Kill Four Civilians– 12 April 2010

VOANews.com- NATO Troops Kill 4 Civilians On Bus in Southern Afghanistan– 12 April 2010

By M.E. Dodge
Impunity Watch Reporter, Asia

SEOUL, South Korea – A South Korean man was recently arrested in Seoul, for allegedly ‘hunting’ North Korean refugees hiding in China and sending them back to North Korea. According to numerous news sources, Kim, the man identified as the refugee hunter, is also accused of spying on the South’s military and on people aiding refugees.

 Map of South Korea. Image courtesy of BBC World News.

Kim, age 55, was recruited by North Korea during an illegal visit to China in the late 1990s. According to Yonhap news agency, he received espionage training in Pyongyang in 2000 before being sent to China as an agent to locate defectors. One news source reported that Kim went to Pyongyang not only for spy training, but also to get $10,000 and 4.4 pounds (2 kilograms) of narcotics from the North. 

Kim allegedly was involved in finding some of the tens of thousands of North Koreans believed to be in China after fleeing to escape hardship or persecution at home. Human rights activists claim that North Korean individuals captured in China and sent back face severe punishment or even execution.

An undisclosed number of South Korean activists and missionaries also secretly operate in China to smuggle North Koreans from their homeland and shelter and feed defectors before they take refuge in South Korea, the U.S. and elsewhere in the world. However, it is believed that almost 18,000 North Koreans have arrived in South Korea since the 1950-1953 war.

Kim was arrested after returning to North Korea on a flight from China. Officials commented that Kim’s case was being investigated to see whether he had any further accomplices engaged in spying. Seoul prosecution spokesman Oh Se-in made a statement to AP news agency that Kim had denied all charges brought against him. Oh went on to say that Kim was charged with violating South Korea’s National Security Law, which prohibits nationals from engaging in activities which could benefit Pyongyang or having unauthorized contact with North Koreans.

It is unclear what Kim’s sentence will be if convicted. His case could theoretically lead to a death sentence. The South’s anti-communist National Security Law bans citizens from contacting North Koreans without government approval and punishes activities benefiting the North. Any violation of the law is subject to a maximum penalty of death, although Seoul has imposed an unofficial moratorium on hangings since 1997.

For more information, please see:

The Washington Post – Prosecutors arrest SKorean for spying for NKorea – 12 April 2010

BBC World News – Seoul detains ‘North Korean refugee hunter’ – 12 April 2010

C News – South Korean man accused of spying for North – 12 April 2010 

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