By Alok Bhatt
Impunity Watch Reporter, Asia

BAGRAM, Afghanistan – The US recently released a statement divulging a definite plan to relinquish its absolute military control over the Bagram air-base.  Although both Afghan and US officials acknowledge that the process will entail some convoluted technicalities, there seems to be a mutual promise of greater transparency and humane practices regarding the treatment of inmates.  The US’s designs to give up full control of Bagram over seems to be part fulfillment of the Obama administration’s statement made in the late months of 2009 regarding openness in procedures in the miltary prison.

Both the US and Afghanistan agree that the US will retain some degree of functioning in the operation of Bagram, but the prison will be ultimately under the rule of Afghanistan.  Both governments aspire to create a situation in which Afghanistan can fully oversee Bagram’s operations by January 2011.

Bagram air-base currently holds approximately 750 inmates, about 30 among them being foreign nationals.  The prison was also significantly renovated in the 2009, expanded to accommodate over 1,100 inmates and a larger military presence within the walls of the complex itself.  The Obama administration’s promise of greater transparency regarding the treatment of inmates was delivered soon after the completion of the Bagram renovation project.

Although the Afghan government’s control over the air-base turned prison could signify a progressive step towards more humane practices, Bagram’s notoriety could continue to attract criticism and the scrutiny of the international community.  The prison has drawn inevitable comparisons to Guantanamo Bay, and human rights groups have even stated that the conditions and treatment of prisoners in Bagram is actually worse.  Prisoners have actually complained that they have been afforded less civil rights than the inmates in Guantanamo.

Numerous investigations into the conditions and practices and Bagram have been conducted to confirm the mistreatment of inmates.  Many of the inmates were taken from nations surrounding Afghanistan and transported to the prison without knowing the reason for their detention.  Also, in 2002, two inmates died in Bagram and investigations revealed that they had been subject to sleep deprivation and severe beatings.  Other rights violations in the prison include the confirmed detention of inmates under the age of sixteen, subject to the same harsh treatment as all other inmates.

The Afghan control over Bagram could be an opportunity to protect the rights of prisoners and maintain a more transparent mode of operations within the facility.

For more information, please see:

Al-Jazeera – US unveils Bagram handover plan – 27 February 2010

Current.com – US Signs Agreement to Hand Over Bagram Military Prison to Afghanistan – 11 January 2010

Xinhua – US to hand over detention center to Afghan gov’t – 11 January 2010

By Michael E. Sanchez
Impunity Watch Reporter, Asia

UTTAR PRADESH, India- At least 63 people have died in a stampede after the gate of a Hindu temple collapsed in the northern Indian state of Uttar Pradesh, police say.  Dozens were also injured in the panic that in ensued at the temple in Pratapgarh district, 400 miles southeast of Delhi.  Police say that so far all of the dead identified are women and children.  The temple gate was still being built.  Hundreds of people have been killed in stampedes at crowded Indian temples in recent years.

Thursday’s incident happened at a popular Ram Janaki temple in the town of Kunda in Pratapgarh district, about 15 miles north of the city of Allahabad.  The owner of the temple is Jagadguru Kripalu Ji Maharaj, a Hindu holy man, who was marking the anniversary of the death of his wife with ritual feast, police say.

A large number of people had gathered for the ceremonial feast and clothing hand-out.  The stampede occurred when people rushed to collect the offerings being handed out.  Local journalists stated that those in the stampeded were mostly poor people from local villages.

According to police officials, an iron gate leading to the temple collapsed, which lead to a crowd surge.  From the scene of the disaster, assistant superintendent police SP Pathak told the AFP news agency “We have now counted all the bodies and they include 37 children and 26 women who had come to collect free gifts.”

Emergency teams and ambulances rushed to the site , some from neighboring districts and the injured have been taken to hospitals.

Hundreds gathered at local hospitals to receive news of their relatives.  38-year-old Gudal,whose seven-year-old- daughter died in the stampede, told the AP news agency “She had just wandered in to see what was happening.”

Government officials say it appears the organizers of the event were unprepared to deal with the size of the crowd.  Eyewitnesses state that it took some time for help to arrive on the scene.  This was not an isolated incident, with many similar accidents where large numbers of people congregate in an area that is unable to handle big gatherings.

In 2008, about 300 people were killed in stampedes.

By M.E. Dodge
Impunity Watch Reporter, Asia

ZHENGZHOU, China – After a man died suddenly while being questioned in Henan Province, a Chinese police chief was ordered to resign and a deputy chief was fired after allocations that they were responsible for his death while in custody.

According to state media, Wang Yanhui died while being detained by officials over alleged theft. The death occurred three days after Wang’s arrest while police were conducting an interrogation. Wang’s family came to identify his body, and they reacted immediately upon finding that his body was appeared battered showing signs of injury.  Their concern led to suspicion of abuse, which  fuelled public anger, as there had been a series of reports of torture and deaths of people in police detention.

Wang’s family released several photographs of him showing that Wang’s back and arms were covered with large bruises and scars. A hole was found in his head. His nipples were cut off and his genitals showed notable traces of injury.

In responding to the incident, authorities have confined four police officers involved in the interrogation, according to the local police bureau.

Qin Yuhai, director-general of the Henan public security department, told the Beijing News that the department would, “thoroughly investigate the problems in law enforcement and severely punish the violators.”

Even before Wang’s death, the government had already launched a nationwide campaign to crack down on illegal activities in prisons and detention centers. For instance, last April, China launched a campaign to “eliminate unnatural deaths” among detainees and prison inmates. Presently, these efforts are being stepped-up. According to Beijing News, there will be various penalties which are already in place, any they will actually implemented and imposed on violators. Other changes are also being considered.  

Early last week, the Ministry of Public Security issued new guidelines to regulate the operation of detention centers. The revised rules require strict supervision of law enforcement officers and call for greater protection of detainees’ legal rights.
 

For more information, please see:

Shanghai Daily – China police ordered to resign – 1 March 2010

Global Times – Another suspect suddenly dies in custody – 1 March 2010

China Daily – Police chief ordered to resign after inmate death – 1 March 2010

BBC News – China police ordered to resign over detainee ‘torture’ – 1 March 2010

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea – Despite voices calling the holding by the highest South Korean court upholding death penalty a setback in constitutional court ruling, South Korea’s Constitutional Court ruled that the capital punishment system prescribed by the country’s criminal code does not violate its Constitution.

This five to four ruling comes 13 years after the last execution and amidst the ongoing national debate on whether to abolish capital punishment.  The Court specifically stated that the South Korean death penalty system does not violate “human dignity and worth” as protected under the Constitution.

Amnesty International said it was “deeply disappointed” by the Court’s decision, adding that the organization considers South Korea to be abolitionist in practice since the country has not carried out any executions since February 1998.

Amnesty’s Asia-Pacific Deputy Programme Director Roseann Rife said, “This is a major setback for South Korea and runs counter to the current abolitionist trend in the country…Any move backwards on this issue is extremely damaging to South Korea’s international reputation.”

Rife also commented that South Korea, as an economic leader, should also “lead by example of fully respecting every individual’s right to life.”

However, the Court stated that the capital punishment system is a “type of punishment anticipated by the Constitution.”

Moreover, the Court said, “The public good, including the protection of the lives of citizens through crime prevention and realization of justice, is not lesser than the protection of the right to life of a person who has committed a heinous crime.”

The Korean Bar Association (KBA) responded to the Court’s ruling by commenting that abolition of the death penalty is “not simply an improvement of the criminal justice system.”

KBA also released a statement saying, “It is highly regrettable that the Constitutional Court could not go so far as to issue ruling of unconstitutionality when South Korea has been classified as an abolitionist country in practice.”

South Korea currently has 57 people on death row.
For more information, please see:

Amnesty International – South Korea Death Penalty Abolition Set Back By Constitutional Court Ruling – 25 February 2010

The Hankyoreh – Constitutional Court upholds the death penalty – 25 February 2010

The Washington Post – South Korea court upholds death penalty – 25 February 2010

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – A group of artists in one of Beijing’s best-known of art districts, the 798 factory complex, were beaten by an unidentified group who tried to evict them from their studios.

This week, sixteen artists said they were beaten with bricks and batons by thugs trying to evict them from their studios. In response, more than a dozen of them mounted an unusual public protest in the center of Beijing to express their concern and voice their opinion against the demolition of art zones and the attacks.

In the early hours of the morning, it was reported that about 100 men wearing black coats and white masks were armed with wooden and iron bars and entered the Zhengyang art zone. The mob is said to have beaten resident artists with bricks and batons in an attempt to try and evict them from their studios.

Liu Yi, victim to the attack, described how a man grabbed his mobile phone as he rang the police. “When I tried to get it back, he got four or five people with sticks and iron bars to beat me. I fell down and he got other guys to watch over me so I couldn’t get away.”

The cost of Chinese expansion and demolition is the driving out of other sectors of society to make way for capitalistic growth. Though many are affected by development, artists are one segment of Chinese society in particular who have been forced to bear the brunt of development.

Contemporary artists in China face a difficult challenge in that they struggle to freely identify themselves as artists and have an even greater challenge in finding spaces to work. In 798 factory complex, studios have been replaced by commercial galleries, large institutions, shops and cafes, especially in the last decade. One of the causes of this is that foreign investors have taken an interest in contemporary Chinese art, which as inflated the cost of works abroad, but this has translated into soaring rents for artists in Beijing and elsewhere in China.

Some artists have signed contracts for periods of up to 30 years, and have spent a lot of time and resources on improving the studios. These artists are now threatened in 798 factory complex and other areas, such as Zhengyang and 008 zone, that their studios will be demolished by landlords and developers who are moving in.

One such artist, Wu Yuren, commented, “[People] assumed we would leave like cowards. They didn’t expect us to resist.”

In discussing the recent attacks, another artist said, “For artists it is very hard to believe the next place they rent will be safe. We all believe that as an international city [Beijing’s] development cannot be restricted to the economy. Culture and the arts are vital parts of its identity.”

Initially, officials played a minor role in the resolution of the attacks, as calls to the police reportedly went unanswered. However, in officials announced that the action of the artists is against the law, and that authorities consider the artists as “victims of a brutal assault.”

Artists were told that security facilities will be installed by March 4.

For more information, please see:

Beijing Today – Artists Protest Demolition Threats – 25 February 2010

The New York Times –Evicted Artists Protest After Attack in Beijing – 25 February 2010

The Wall Street Journal – Artists Protest Demolition Threats -23 February 2010

The Guardian – Beijing artists say development is driving them out – 24 February 2010