By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – The Chinese government continued to ease a six-month-old blackout on communications in the northwest region of Xinjiang by restoring some text-messaging services, according to the state news media, however, cellular companies in Beijing and Shanghai have been told to suspend text services to cell phone users who are found to have sent messages with “illegal or unhealthy content.” The effort is an attempt to further what the Chinese government calls, “a campaign against pornography.”

Originally, restrictions on Internet access, international telephone service and text messaging were put in place after ethnic violence last July killed at least 197 people and injured more than 1,700 in the regional capital, Urumqi. The government says it severed communications to ease tensions it claims were inflamed by social networking sites and text messages.

The increased surveillance of text messages is the latest in a series of government initiatives to tighten control of the Internet and other forms of communication. Since November, the government has closed hundreds of Web sites in the name of weeding out pornographic and pirated material.

Xinjiang, with its combustive mix of Han and Uighur ethnic groups, has been under a heightened state of security of internet access since the rioting, which was the deadliest outbreak in China in decades. But, in recent weeks, the authorities have begun to restore limited Internet service. It has allowed the region’s 20 million residents to view pages from the Communist Party’s main newspaper, People’s Daily, which is the official Xinhua news service. The ban has also been eased to allow access to two popular Web portals.

In response to scrutinized text messaging monitoring, Kan Kaili, a professor of telecommunications at Beijing University, called the routine surveillance of cell phone messages a violation of privacy rights and the Chinese Constitution. According to Kalli, “They are doing wide-ranging checks, checking anything and everything, even if it is between a husband and wife,” he said. Kalli went on to say that, the government had established no clear legal definition of unhealthy content. He also said commercial authorities such as phone companies, even though government-owned, should not be involved in checking the contents of private messages.

As it stands presently, according to China Daily, China Mobile will suspend the text-messaging function for phone numbers whose users are suspected of transmitting unhealthy content while the police evaluate the users’ messages. If the authorities clear a user of any violation, they will issue a certificate allowing text-messaging services to be resumed, the newspaper said.

For More Information, please see:

The New York Times – Text Messages in China to Be Scanned for ‘Illegal Content’ – January 21, 2010

The Epoch Times – China’s All-Out War Against Internet Freedom – January 20, 2010

United Press International – Text message censorship in China – January 22, 2010

The New York Times – China Restores Text Messaging in Xinjiang – January 17, 2010

By Alok Bhatt
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Numerous human rights groups and have been questioning and complaining against the trend of stringency in the Thai government’s superfluous enforcement of its lese majeste laws.  Lese majeste laws are those which punish citizens of a nation-state for speaking ill or somehow violating the dignity of the reigning sovereign of that particulate state. The recent excessiveness of indicting Thai nationals for speaking ill of King Bhumibol has been noted to exceed the limits prescribed by the International Covenant on Civil and Political Rights.  In unreasonably enforcing its lese majeste, the Thai government has executed extensive monitoring practices which impinge upon the privacy of Thailand’s residence.  Being a party to the ICCR, Thailand violates the limits on punishing speech established by a collection of other nation-states.  Furthermore, the increase in indictments under the lese majeste creates conflicts with Thailand’s own constitution.Section 8 of Thailand’s constitution essentially affords the king inviolable status and grants him the greatest degree of reverence.  Any expressions, such as accusatory remarks or slander against King Bhumibol, can be punished by imprisonment for up to 15 months.  However, even more troublesome is the fact that nowhere in the legal codes of Thailand is there a definition or explanation of what sorts of statements constitute violations of the king.

Numerous individuals, from activists to news reporters, have been imprisoned.  The latest statistics from 2008 reveal that there are over 77 open cases of lese majeste cases.  The two latest alleged violators of Thailand’s greatly imposed  lese majeste law have  the possibility of serving between 10 and 16 years in prison.  A recent appeal in November 2009 reduced one man’s initial 12-year sentence to 2 years.

Much like the two new cases, many lese majeste violators are projected to come under arrest due to Thailand’s Compuer-Related Crimes Act.  Because of the lack of limitations delineated in Thailand’s bodies of law, there do not seem to be any legal restrictions concerning the extent to which Thailand law enforcement can censor and punish internet users who may speak badly of King Bhumibol.

Amnesty International has recently demonstrated its support for Prime Minister Abhisit Vejjajiva’s movement to establish a panel to carefully scrutinize the enforcement of lese majeste laws.

By Alok Bhatt
Impunity Watch Reporter, Asia

BAGRAM, Afghanistan – For the first time after numerous requests, the Pentagon has released the names of approximately 645 Bagram air-base detainees.  The American Civil Liberties Union was able to secure the release of a names list, completed on September 22, 2009, after filing a successful lawsuit under the Freedom of Information Act.  The ACLU was also granted partial fulfillment of their request for information regarding the detainment and treatment of Bagram inmates.

Bagram air-base, a US-run military and detention facility in Afghanistan, has been housing inmates for over five years.  It has often been referred to as ‘Afghanistan’s Guantanamo’ because of myriad issues regarding inhumane treatment, such as torture, sodomy, and other heinous acts against inmates.  The prison is also infamous for affording inmates even less civil rights than the scant liberties given Guantanamo inmates.  Nationals of Afghanistan and other surrounding nations are currently held within the confines of the Bagram complex.  Many of these individuals have no little to no knowledge as to why the US military is keeping them and have no access to the world outside air-base.

The recent refurbishment of the Bagram air-base, which included a structural expansion to accommodate a substantially greater number of US troops, brought with it the promise of greater transparency regarding the treatment of inmates.  The recent release of inmates’ names signifies an integral step towards that end, and may also give hopes of redress to those unjustly detained.  Furthermore, the victory for the ACLU could suggest that courts may inquire into whom the perpetrators of human rights violations are and impose accountability where necessary.

The list of detainees and related documents reveal some disturbing facts about Bagram detainees.  Some of the inmates are actually quite young, and though only a few, it has been confirmed that among them are juveniles under the age of sixteen.

Although the information recently released represents a significant, perhaps unparalleled movement towards transparency regarding the US and its secretive holding structures, it is still only the first stride.  The extent various human rights violations perpetrated against Bagram inmates has still not been revealed, and the Obama administration intends to appeal against the current, minimal rights given to inmates in Afghanistan.

For more information, please see:

Al-Jazeera – US releases Bagram prisoner names – 16 January 2010

Associated Free Press – Pentagon releases names of Bagram prisoners – 16 January 2010

BBC News – US releases names of prisoners at Bagram, Afghanistan – 16 January 2010