By Alok Bhatt
Impunity Watch Reporter, Asia

MASHKHEL, Iran – The Pakistani government recently released the eleven alleged members of the Iranian Revolutionary Guards (IRG) whom border police detained for illegal entry into Pakistan.   Although the Pakistan initially identified the arrested individuals as members of the IRG, they later confirmed their status as security guards.  It is unknown how this reclassification informed the government’s decision to release the prisoners. 

Pakistani border control was patrolling the area for drug-dealers crossing into Pakistan.  Suspecting the eleven men were drug-dealers, border control pursued them after they crossed the Pakistani border.  Pakistan’s border police arrested the men in the Baluchistan province. 

Pakistan and Iran do not have a general history of hostility concerning borders.  However, last week’s suicide-bomb attack in the Mashkhel region of the Pakistan-Iran border, which left over 50 dead, incensed tensions between the neighboring nations.  Furthermore, the small insurgency operations occurring along the southwestern border region over the past decade caused an increase in patrolling activity. 

A Sunni Muslim group known has Jundallah, or God’s Soldiers, claimed responsibility for the suicide-bomb attack in Mashkhel.   The Iranian government criticized the Pakistani government for unreasonably detaining members of the IRG.  Military personnel asserted that it is the protocol of the Iranian law enforcement to chase suspects into Pakistani borders has there been actually been an instance of drug-dealers fleeing from Iran into Pakistan. 

Iranian personnel stated that the Pakistani border control’s brazen actions represent counterintuitive acts of hostility in a time when both nations face insurgent attacks.  They also pleaded that Pakistan be more cooperative with Iran instead of committing wrongful acts against them.  The regions constituting the border between Pakistan and Iran signify a zone of neutrality between Sunni and Shi’a Muslims.  Considering the interaction between the two groups at the borders, Iranians have voiced a concern that the recent friction between the two states may compromise the rare peace among members of the two opposing groups. 

However, not all Iranians plead to the sensibilities of the people.  A senior commander of the IRG recently stated his desire to meet Pakistan militants within Pakistan’s borders with the IRG.  Also, Iran’s President Mahmoud Ahmadinejhad publicly announced that some members of Pakistan’s intelligence agency have been colluding with the Jundallah to perpetrate many of the suicide bombings. 

While the strife continues between the Iran and Pakistan, the fate of each states’ respective civilians lies in the cross-fire.  Until both nations recognize their common cause against insurgency in the area, it seems peace will not settle in the border regions.

 

For more information, please see:

Al-Jazeera – Pakistan Frees Iranian Guards – 27 October 2009

CBS News – Pakistan Frees 11 Iran Security Officers – 27 October 2009

VOA News – Pakistan Frees 11 Iranian Guards Arrested Near SW Border – 27 October 2009

By Michael E. Sanchez
Impunity Watch Reporter, AsiaKUALA LUMPUR, MALAYSIA– An Islamic court of appeals in Malaysia on Monday upheld the sentence of six strokes of the cane which will be given to a Muslim woman.  She was caught drinking beer in public at a resort.  She was caught by Islamic enforcement officers.

The significance of this ruling means that the woman, Kartika Sari Dewo Shukarno, a former model and nurse and a 32-year old mother of two, is set to become the first woman to be caned under the country’s religious laws that apply only to Muslims. Analysts have stated that the government fears that the punishment could damage Malaysia’s reputation abroad.  Malaysia uses a two-track legal system; where the majority Malays are subject to Islamic law, while the Chinese and Indian minorities are not.

After being arrested for drinking beer in a beachfront hotel in December 2007, she was originally told she would receive six strokes of a rattan cane during the last weeks of August.  This was delayed until after Ramadan and after a further review the ruling was subsequently upheld earlier in the week. 

Women’s minister Shahrizat Jalil, the chief judge of Pahang state appeals court called the verdict excessive, stating that it projected a “cruel image” of Malaysia.  “The overriding view was that the sentence meted out was too harsh and is not commensurate with the offense,” she told reporters.

The Prime Minister Najib Razak urged Shukarno to appeal.  However, Shukarno’s case previously garnered widespread media attention after she refused to appeal her sentence.  Shukarno asked that her punishment be carried out in public, saying that she wanted serve as an example to other Muslims.  This has triggered a debate over the use of Islamic laws in the moderate Muslim country, where the country’s majority Malay-Muslims make up 55% of the country’s 27 million population.

It is now in the hands of Pahang Islamic Religious Department to carry out the sentence.  A thin stick is used for the caning since the punishment is less about pain than it is about symbolism and humiliation.  No date has yet been set for the caning.

For more information, please see:

BBC News- Malaysia To Review Caning Woman– 25 August 2009

BBC News- Malaysia Upholds Woman’s Caning– 28 September 2009

USA Today- Court Uphold Caning of Malaysian Woman For Drinking Beer– 28 September 2009

Digital City-Court Upholds Caning of Woman For Drinking Beer– 28 September 28, 2009

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan– Earlier this month, the Taiwan High Court sentenced the country’s ex-leader Chen Shui-bian to life in prison for money laundering, embezzling state funds, accepting bribes and committing forgery.  This week, the same court rejected Chen’s petition for release on bail as Chen supporters demanded that the appellate court uphold Chen’s human rights.

One local newspaper said, “Let this be a warning to all political parties, politicians, government officials and businessmen.  The Chen family deserves no sympathy for the heavy sentence.  We should respect the court’s decision.” 

Taiwan’s Ex-President Chen Shui-bian.  Courtesy of Reuters. 

Chen, however, has petitioned the U.S. to intervene and restore his civil and human rights.  The Taiwan Civil Rights Litigation Organization is sponsoring a legal action for Chen and is demanding his immediate release.

Chen claims that under the 1952 San Francisco Peace Treaty, Taiwan was not awarded to Republic of China; therefore, still remains under U.S. Military Government.  Accordingly, Chen plans on using international law and U.S. constitutional law to resolve his legal problems.

 Chen’s supporters.  Courtesy of Start Telegram.

 Calling Chen’s trial unfair and invalid, Taipei Director of Democratic Progressive Party Huang Ching-lin said he supports Chen’s theory. 

Furthermore, some Taiwanese media also expressed concern for Chen’s case, especially for his lengthy detention during trial.  One daily paper said, “There was a widespread belief that this was hardly a fair trial.  The flawed process has affected the healthy developments in our country’s democracy and our international image.”

However, Chinese Nationalist Party Legislator Lee Hung-chun commented that Chen must be “mentally ill after spending so much time in detention.”

Chen has been in custody since December and continues to argue that he is innocent, claiming that he is a victim of Beijing’s political conspiracy.  Chen said his corruption trial was a “political revenge for his lifelong push to declare formal independence from China.”

Chen’s wife also received a life sentence, while his son and daughter received shorter sentences.
 

For more information, please see:

AFP – Taiwan media divided over ex-leader’s life sentence – 11 September 2009

Asia News – Ex President Chen SHui-bian to stay in prison – 25 September 2009

China Post – High court decides to detain Chen Shui-bian – 25 September 2009

Taipei Times – Chen asks US court to intervene to free him – 24 September 2009

By Megan E. Dodge
Impunity Watch Reporter, Asia

DHAKA, India– Jiten Yumnam a journalist, also an anti-Tipaimukh dam and rights activist, remains captured and at risk after being tortured while in Custody in India.

Jiten and seven others (Chungset Koireng, Likmabam Tompok Singh, Shamjet Sabano Nanbo Singh, Irom Brojen Singh, Amom Soken Singh, Toarem Ramanda Singh and Thiyam Dinesh Singh) were arrested in areas surrounding Manipur on September 14. This is based on assertions by the, Asian Human Rights Commission, a Hong Kong-based regional rights organization, which issued a statement on Thursday, September 24. The statement indicated that, “We have obtained court documents which show Jiten and seven others accused and were arrested on mere suspicion and unsubstantiated allegations.” 

Jiten was active in an international campaign against police officers who murdered a young man and a pregnant woman in the Manipur capital this July. In the present matter, the police claimed to have received information that the detained congregated on September 14 to plan further protests against the extrajudicial executions of civilians to intensify the pressure on security forces. Investigation officer, Ibomche Singh, sought a 20-day custody of the eight. Although the police claimed the detained had confessed to the charges during interrogation, when questioned before a court, the protesters denied confessing, and said they had been badly tortured. The court recorded this and agreed to extended police custody until 29 September.

Jiten and the seven other activists arrested, were reported taken into custody without explanation, and it is believed by some sources that cases against them were fabricated using the National Security Act, 1980. The Act is widely misused by the government to lengthily detain human rights defenders and political activists, and there is concern that this will be applied to Jiten and the other activists presently captured.

Evidence shows that Jiten was in need and requested medical attention, however, the detained were examined only once by a doctor despite having been previously tortured.  According to one source, neither the victim nor his family have been told of the charges against him. Unverified reports have suggested that he and seven other persons arrested on the same day will be charged with offenses punishable under the Unlawful Activities (Prevention) Act, 1967, the Official Secrets Act, 1923 and the Indian Penal Code, 1860.

For more information, please see:

News from Bangladesh – India anti-dam activists at risk in custody – September 28, 2009 

South Asia Media – India anti-dam activists at risk – September 27, 2009 

Asia Human Rights Commission – INDIA: A detained human rights defender is at risk of false charges and torture  – September 18, 2009

By Megan E. Dodge
Impunity Watch Reporter, Asia

SEOUL, South Korea-A report by the South Korean government’s Ministry of Labour, confirmed that 131 buildings in Sungdong-Gu, Seoul were condemned and slated for removal of asbestos. Parents of local children who attended a nearby nursery school were not informed the operation was underway or the asbestos health threat.

According to a report by World Health Organization(WHO), asbestos has been classified by the International Agency for Research on Cancer as carcinogenic to humans. It is reported that asbestos-containing materials are still in place in many buildings and exposure continues during maintenance, alteration, removal and demolition. Asbestos can lead to development of cancer which may stay latent for decades. While many developing countries have been banning asbestos since the early 1990s, the government of Korea banned it only in 2009. As most of the current buildings contain asbestos, their demolition exposes residents and workers to asbestos.

While the demolition occurred in Sungdong-Gu, an area designated to be re-developed, 120 children, all under the age of five, continued to go to school while surrounding buildings underwent asbestos removal. The children were exposed to the toxic matter for seven months. Many children began to experience sicknesses, such as skin inflammation, coughs, phlegm, pneumonia, conjunctivitis. Once parents learned that asbestos was being removed, they made visits to the Seoul City administration, the Sungdong-Gu administration and the Ministry of Labour to make a civil appeal, however, their effort were thwarted by officials who brushed their concern aside. According to the Asian Human Rights Commission (AHRC), various government authorities continuously avoided calls from parents as they tried to investigate the situation.

After attempting to get an affirmative response as to what was being done at the construction site, civilians began conducting independently commissioned tests. Civilians used the Citizen’s Institute for Environmental Studies and the Institute of Specialized Analysis for Asbestos (ISAA) to test the area, and seven tests have been conducted since April. ISAA, which is authorized by the Ministry of Labour, concluded that nine out of eighteen sites investigated had levels of asbestos beyond the standard – including the area around the nursery school

Consequently, part of the demolition has been stopped, and in May, officials promised to have the school re-located. As of September 15, no steps to relocate the school had yet been taken. The local administration refused to acknowledge the ISAA investigations, and continues to maintain that the levels of asbestos in the area were safe, and presently only one demolition site has been stopped in the Wang-ship-li area after intense pressure from parents and environmental groups continued. Parents still express concern over the remaining demolition as those sites are still near the unmoved school where the children continue to attend.

For more information, please see:

Asian Human Rights Commission – South Korean Government Violated 120 Children’s Human Rights – September 25, 2009

World Trade Organization – Elimination of Asbestos Related Diseases 

Global Post – The Deadly Air They Breathed – July 24, 2009