By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – On Sunday, 28 March 2010, more than 123 mine workers died after being trapped underground when a leak in a coalmine caused water to surge into the mine. Reports indicate that there were 261 miners working when water started to flood the coalmine. Only 138 were able to be lifted to safety. Despite efforts by rescuers, the other remaining workers died. The cause of the flooding is still under government investigation.

 Wangjialing mine, located in the Shanxi province, and lies between Xiangning county and the city of Hejin The mine covers an area of around 180 sq km (about 70 sq miles) near the heavily polluted mining hub of Linfen. It is also affiliated to state-owned Huajin Coking Coal Co. Ltd., which is a major government-approved project, expected to produce about 6 million tons of coal a year once in full operation.

Experts reviewing the accident theorize that it could have been the result of workers breaking into the old shafts or pits of derelict mines that had filled with water. David Feickert, a coal mine safety adviser to the Chinese government, stated, “It could be that they broke into old workings, works that were not properly mapped out. That’s a common problem with flooding, and Shanxi is an area where they have very extensive mining, a lot of old mines.”

Accidents like that of Wangjialing are not unique in China. Even though China’s mine safety record has improved in recent years, it is still the world’s worst, with blasts and other accidents remain common. China’s work safety administration indicates that 2,631 people died in coal mine accidents in 2009. The cause is many of these accidents is due to relaxed safety methods and poor training. Further, the demand for coal to fuel the country’s strong economic growth also encourages mine operators to open some especially dangerous mines illegally or flout official rules.

 Many of those who die belong to China’s growing underclass. They are desperately impoverished boys and men from rural villages. There are presently no unions, and regulatory safety checks on mine safety continues to be minimal, placing the many workers who seek employment as miners at high risk.

For more information, please see:

Reuters – Flood in unfinished China coal mine – 29 March 2010

New York Times – Rescuers Struggle to Free 153 Chinese Miners – 29 March 2010

Associated Press –Flood traps 153 coal miners in northern China – 29 March 2010

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea – An American from Boston is to go on trial for illegally entering North Korea.

Aijalon Mahli Gomes, 30, had been teaching English in South Korea for several years. Acquaintances described him as a devout Christian who was dedicated to his students.

His family spokeswoman said that it is unclear why Gomes went to North Korea. 
However, activists in South Korea did comment that Gomes was an acquaintance of Robert Park, another American missionary who was detained and then released by North Korea last month.

Days after Park’s arrest, Gomes attended rallies calling for Park’s release where a Seoul-based activist said he saw Gomes weep.  Jo Sung-rae, a South Korean activist, said that Gomes contacted Jo about working in his rights group and met Park in Seoul last summer.

Jo said, “I felt [that] he may have gone to North Korea after being inspired by Robert Park.”

Although a trial date has not been set, Gomes is believed to be the fourth American North Korea said it detained back in January.  In addition to Gomes and Park, two American journalists, Laura Ling and Euna Lee, were arrested a year ago and sentenced to twelve years of hard labor.  However, the two journalists were freed after former U.S. President Bill Clinton made a high-profile humanitarian visit to North Korea and negotiated their release.

U.S. State Department Spokesman P.J. Crowley said on Tuesday that the United States had not been formally notified regarding charges against Gomes.  However, Crowley did say that Swedish diplomats have been in contact with Gomes.

North Korea’s announcement that Gomes is to go on trial also comes at a time when Pyongyang’s neighbors have been pressuring North Korea to rejoin international talks concerning dismantling of its nuclear weapons program.

Gomes’ family spokeswoman Thaleia Schlesinger said, “The family is praying for him and for his speedy return home.”
For more information, please see:

AP – US man held in NKorea rallied against Pyongyang – 25 March 2010

Guardian – North Korea to put US citizen on trial for illegal entry – 22 March 2010

USA Today – North Korea to try American on trespassing charge – 22 March 2010

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – After being missing for over a year, any presumed dead by many, China’s well known rights lawyer, Gao Zhisheng, appears to be alive.

After defending members of China’s banned Falun Gong spiritual organization, and writing openly about China’s public leaders and their “brutal and illegal persecution of Falun Gong members,” Gao disappeared on February 4, 2009. He was abducted by an unknown group from a relative’s home in Shanxi province. At the time of Gao’s disappearance, his wife and children had already escaped from their home, and were en route to Bangkok where they applied for asylum in the United States.

Initially, Gao’s family had feared he was dead, after a cryptic comment from police that he had “lost his way and gone missing” in September. China’s government has been under international pressure to say where Gao Zhisheng is and whether he is alive and well. Despite repeated requests, Chinese authorities have provided little information about his fate.

Gao gave a telephone interview with Reuters and another dissident lawyer, and he stated that he was released about sixth months ago after his initial disappearance. He confirmed that he had survived difficult circumstances, and that he was living near Wutai mountain, a sacred Buddhist landmark in coal-rich Shanxi province.

Reuters reported that another human rights lawyer, Li Heping, who had a lot of contact with Gao before he was jailed, confirmed that he spoke with Gao, and that the voice was in fact his. Gao’s brother, Gao Zhiyi also claimed to have spoken to his brother on the telephone within the past three weeks and said:, “I know that he’s fine.” Gao Zhiyi said the conversation was brief, and his brother did not say where he was. He claimed to have had three or four such calls since Gao Zhisheng vanished.

Gao’s account of surviving the harsh conditions and torture imposed on him is in stark contrast with a recent public press conference given just one week ago. When asked about the whereabouts of Gao, Chinese Foreign Minister Yang Jiechi said, “Gao Zhisheng was sentenced for subverting state power. His personal rights have been protected according to Chinese law. There is no so-called torture upon him.”

Conflicting statements and murky accounts of the past year make it clear that there remains a large amount of uncertainty and mysteriousness about the events surrounding Gao Zhisheng disappearance and recent resurface.

For more information, please see:

Reuters – Well-known missing Chinese rights lawyer alive – 27 March 2010

The Associated Press – Missing lawyer says he is living in northern China – 27 March 2010

BBC World News – Missing Chinese lawyer Gao Zhisheng ‘is fine’ – brother – 17 March 2010

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TOKYO, Japan – After spending seventeen years in jail for murder of a four-year-old girl, a Japanese man who was serving a life sentence was acquitted at a re-trial.

Toshikazu Sugaya, a former kindergarten bus driver now in his 60’s, was placed behind bars back in 1991 for kidnap, sexual assault and murder.  Sugaya did confess to the murder, but the court found that the false confession was made under duress and that the DNA evidence found at the murder scene does not match that of Sugaya.

The judges bowed in apology to Sugaya and the presiding judge, Masanobu Sato, said, “As a judge, I sincerely apologi[z]e that the court failed to listen to Mr[.] Sugaya’s real voice, which resulted in depriving him of his freedom for 17 . . . years.”

Judge Sato added, “I strongly hope something like this will never happen again.”

Sugaya’s acquittal was only the sixth one in Japanese history since World War II where a defendant who was serving a life sentence was acquitted at a re-trial.

Japan has 99% conviction rate for criminal cases, and human rights activists have long been critical of Japanese authorities for relying on confessions instead of building cases based on solid evidence.  Rights group have pointed out that such practice by the Japanese authorities led to police extracting false confessions from suspects and convictions of innocent people.

In addition, activists have criticized Japan’s interrogation system where suspects can be detained for up to twenty-three days and be questioned without a lawyer present.

During the initial investigations, prosecutors in fact neglected to inform Sugaya that he can consult with a defense attorney and that he has the right to remain silent.

After Sugaya’s verdict, Japan’s Justice Minister Keiko Chiba did say that the government will into whether or not interrogations should be taped.

Chiba said, “It is necessary to systematically and legally review evidence examination while considering [the appropriateness of introducing] videotaping of the interrogation process.”

Sugaya left the court in tears and said, “I feel completely different today from yesterday.  I feel refreshed by the verdict of complete innocence.”

The four-year old girl’s real murder is still at large.
For more information, please see:

BBC – Reform call after Japanese man acquitted of murder – 26 March 2010

Gulf Times – Man cleared after 17 years in Japan jail – 26 March 2010

NYT – In Rare Reversal, Japan Clears Man Convicted of Murder – 26 March 2010

By Alok Bhatt
Impunity Watch Reporter, Asia

DELHI, India – As India prepares to host the 2010 Commonwealth games, a multi-sport, multi-national event consisting of over 5,000 athletes and competitions ranging from table-tennis to wrestling, there have been reports stating that the construction workers building the venue for the events endure unconscionably poor working and living conditions.  The a committee of five members of the Delhi High Court has been established to investigate the matter and report on the alleged exploitation of workers.

Construction workers in India generally live and work under derisory conditions.  Employers often fail to reasonably compensate individuals for their work, nor are construction workers provided with adequate amenities.  However, unclean conditions and below minimum wages are among the least of the worries for Indian construction workers.  Construction workers often perform their jobs without proper safety equipment, regardless of the magnitude of the project.

The poor conditions for builders in such a public development reinforces the disregard employers have for the people they assigned to the Common Games venue.   Studies have revealed that numerous workers have been temporarily and permanently disabled due to the haphazard safety precautions and dearth of proper apparatuses.

Furthermore, many employers have arbitrary hired impoverished people from various Indian states to work on the Commonwealth Games stadium.  This creates myriad additional safety issues, as inexperienced and scarcely protected lay people are constantly placing themselves and others, including the more experienced construction workers, at significant risk.  .

Here have also been reports of discrimination and other issue in the payment of the construction workers and others working towards the completion of the Commonwealth Games venue.  It seems women workers have been paid lesser wages than the male workers.  Also, those who have quit working before their time was up have failed to receive timely payment for the work they did complete.

No single entity has been identified as fully liable for the poor conditions of workers in such a significant project.  Although, some have found it appropriate to impose responsibility upon the contractors charged with hiring workers for the project.  The contractors hire migrant workers on contractual terms which deprive the workers from various welfare benefits during the time they work.

Independent reports have revealed over seventy workers have died in the course of the venue construction.  However, reports have not yet revealed how and when remedies will be pursued.