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

By Michael E. Sanchez
Impunity Watch Reporter, Asia

KABUL, Afghanistan- Explosions and gunfire in the center of the Afghan capital have left at least 17 people dead, officials say.

The attack took place in an area of hotels and guesthouses which are popular with foreigners.  Up to nine Indians, a Frenchman and an Italian were killed.  Three gunman and two policeman died in a gun battle that lasted several hours.  The Taliban said they were behind the attack.

Afghan president Hamid Karzai condemned the violence. India called it “barbaric”.  The attack comes as NATO and Afghan forces continue Operation Moshtarak to tackle the Taliban in Helmand province.

Martin Patience of the BBC in Kabul says the first blast on Friday happened close to the Kabul City Center shopping area and the Safi Landmark Hotel.  The Park Residence Hotel, popular with foreigners, was also close to the main blast.

SM Krishna, India’s Foreign Minister said up to nine Indians were dead, including government officials.  The Minister said :” These barbaric attacks are a matter of deep concern and are clearly aimed against the people of India and the people of Afghanistan…”These are the handiwork of those who are desperate to undermine the friendship between India and Afghanistan.”

At least 30 people are reported to have been injured in the attacks.  Condemning the attacks, NATO’s Secretary General Anders Fogh Rasmussen saying in a statement: “Those who committed them made it clear, in their choice of targets that their aim is to reverse the progress that Afghans are making,”

Two smaller explosions were reported following the main blast and security forces fought with gunman for several hours after sealing off the area.  Sirens blared across the city and announcements warned people to stay indoors.  Areas around diplomatic missions and government ministries were closed to traffic.

Operation Moshtark continues in Helmand in the south, whose aim is to drive the Taliban from the areas around Nad Ali and Marjah.

Friday’s attack is also the Taliban’s first major raid since the arrest of key leader Mullah Abdul Ghani Baradar in Pakistan this month.  He was said to be the second in command and to have run the Taliban’s leadership council and controlled their finances.

For more information, please see:

BBC News – Afghanistan Captial Kabul Hit by Suicide Attack– 26 February 2010

SCPR.ORG- Taliban Claims Responsibility for Kabul Attacks– 26 February 2010

The New York Times- Guesthouses Used By Foreigners In Kabul Hit in Deadly Attacks-26 February

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea – A report released by South Korea’s National Human Rights Commission detailed the plight of female North Korean refugees.  The report was compiled based on interviews and surveys of 274 defectors.

The report specifically discussed how female North Korean defectors suffer sexual violence and are trafficked to China or other countries. 

According to the study, many are abused in refugee camps in China, and about 20% of the female refugees bribed North Korean border guards with money or sex to cross the North Korea-China border.

One defector who lives in hiding in China said, “We were slaves, or worse than that, treated like animals.” 

Others described their lives in Southeast Asia where they lived under horrid conditions in detentions camps, for example, not being able to use the toilets after dark or “buying” a space where they can sit.

South Korea is also being criticized for its handling of North Korean defectors.  The chief criticism is that the South Korea’s policy on defectors is too fragmentary and does not provide substantive aid.

Although vocational training is offered, the programs center on low-paying work, such as cooking and nursing, despite the fact that many of the defectors have received higher education in North Korea. 

The South Korean government also has one-size-fits-all training programs which disregard personal difference of refugees. 

In addition, female defectors also suffer abuse from their South Korean husbands.  This is a matter that needs to be resolved as soon as possible considering that these women already suffer from post-traumatic stress disorder because of the horrible experiences they endured in order to escape, living with constant fear of repatriation or because of a sense of guilt they feel towards family they left behind in North Korea.

More than 16,000 North Koreans have crossed into South Korea since the end of the Korean War in 1953.  The annual number of defectors is on the rise, and the South Korean Unification Ministry expects the number to top 20,000 in 2010.

Park, Sun-seong, the professor responsible for this study, said, “By revealing the scars left to the North Korean women who fled their country, we hope to shed light on their human rights issues….”
For more information, please see:

AFP – N.Korea women refugees suffer abuse: watchdog – 22 February 2010

The Korean Times – Female Defectors’ Plights – 23 February 2010

Yonhap News – Human rights abuses on NK defector women abound: report – 22 February 2010