By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BANGKOK, Thailand– A Thai judge issued a ruling rejecting extradition of the world’s most notorious weapons dealer, Viktor Bout, known as the “Merchant of Death.”  Bout was arrested in 2008 by U.S. agents in a sting operation at a Bangkok hotel. 

In addition to charges for illegal arms trafficking, the U.S. authorities accused Bout of terrorism offenses, including conspiracy to kill U.S. nationals and conspiracy to provide material support to designated terror organizations.

However, the Bangkok Criminal Court ruled Tuesday that Bout’s crimes of selling weapons to Colombia and threatening the lives of U.S. citizens are classified as “political offenses,” and extradition is not allowed for such offenses.  Furthermore, the Thai court said the Thai-U.S. Extradition Treaty does not apply, because Bout’s alleged crimes could not be prosecuted in Thailand and did not involve Thai citizens or Thailand’s national interests.

Viktor Bout holds up the victor sign after U.S. extradition request rejected (Source: Getty Images)

Thai prosecutors filed their intent to appeal with the court today in hopes of delaying freeing Bout, but this court decision has been a victory for the Russian government, which has been working to free Bout since his arrest. The appeal could delay Bout’s release for a few months with a possibility of reversal of Tuesday’s ruling by a higher Thai court.

Michael Braun, a former U.S. Drug Enforcement Administration official who masterminded Bout’s capture, expressed his disbelief saying, “To say I was shocked would be an understatement.”  American Congressman Ed Royce said, “It is unacceptable that this man goes free…Something is rotten in Bangkok,” while the U.S. Justice Department also released a written statement saying they are “disappointed.” 

Bout has denied any wrongdoing and has never been tried although he is subject to UN sanctions.  Vanda Falbab-Brown of Brookings Institution explained that “Bout has knowledge of Russia’s military and underworld,” and if Bout were to testify in a U.S. court, this “would make a lot of people in Russia uncomfortable”

Bout is reported to have begun building his arms business in the early 1990’s and have shipped arms to various conflict zones from Sierra Leone to Afghanistan.

For more information, please see:

ABC – Ruling Could Free ‘Merchant of Death’ – 13 August 2009

CNN – Thai court rejects U.S. extradition request for ‘Merchant of Death’ – 11 August 2009

Los Angeles Times – Thailand won’t extradite Russian arms dealer to U.S. – 12 August 2009

Ria Novosti – Thai prosecutors to appeal Bout extradition case in higher court – 13 August 2009

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

YANGON, Myanmar– Aung San Suu Kyi, Nobel laureate and democratic leader, was convicted for violating her house arrest by allowing an uninvited American man into her residence.  Suu Kyi had denied the charge claiming that the man had swam across a lake into her home, but the Myanmar court ordered Suu Kyi to serve another 18-month sentence of house arrest.

Aung San Suu Kyi (Source: AFP)

Human rights activists are calling this verdict politically motivated and that the decision is an example of Myanmar military government’s abuse of power.  Brad Adams of Human Rights Watch said, “This trial was a farce, a brutal distortion of the legal process.  By silencing prominent opponents through bogus trials, the generals are clearly showing why the elections they have been touting for next year won’t bring change.” Adams’ organization is demanding Suu Kyi’s immediate and unconditional release.

Human Rights Watch is also urging Myanmar’s allies and trade partners to denounce Suu Kyi’s guilty verdict and impose financial sanctions against Myanmar’s military leadership, in addition to asking the UN Security Council to take measures condemning the country’s military leaders.

Furthermore, world leaders have expressed their disgust and disapproval.  UN Secretary General Ban Ki-moon said he “deplores” the verdict, British Prime Minister Gordon Brown called the verdict “monstrous,” and French President Nicolas Sarkozy referred to the verdict as “brutal and unjust,” while U.S. President Barack Obama described Suu Kyi’s trial as “a show trial.”

Young girl at a demonstration supporting Suu Kyi (Source: AFP)

Suu Kyi’s trial was closed to the public, and foreign diplomats and the press were only allowed to observe on a few occasions.  Criminal trials of political prisoners in Myanmar do not meet international standards.  Myanmar judges are not independent and the defense is not given sufficient opportunity to present its case.

Suu Kyi has told her defense team to proceed with an appeal, and her lawyers filed a petition with the UN Office of the High Commissioner for Human Rights claiming that Suu Kyi is being arbitrarily detained in violation of international human rights law.

For more information, please see:

Human Rights Watch – Burma: Aung San Suu Kyi Verdict ‘Reprehensible’ – 11 August 2009

MSNBC – Myanmar court convicts Nobel laureate Suu Kyi – 11 August 2009

UPI – Rights group: Suu Kyi verdict power abuse – 11 August 2009

By Alishba I. Kassim
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – 200 Nepali women marched through the capital to publicly denounce a government scheme that offers to pay cash incentives to men for marrying widows.

The government says the scheme seeks to help widows who face social and cultural barriers in a majority Hindu society. Moreover, it has been deemed necessary in part because of the 10-year-long civil war that claimed up to 13,000 lives and widowed many women. Often widows are ostracized and discriminated against due to religious and cultural beliefs. The government believes cash incentives will help persuade men to marry them and re-integrate them into society.

Several women and human rights agencies in Nepal strongly disagree saying the payments “reduce widows to a source of cash.” They propose the money should be spent improving education and healthcare for widows and their children.

One of the protest organizers and founder of the group, Women for Human Rights, Lily Thapa, said “We are totally against the government’s decision to give 50,000 rupees as an incentive for couples to marry. This goes against the principles of human rights. That’s why we urge the government to bring in other social security measures to empower women who are widowed.” Many campaigners have also expressed concern that the cash incentives could encourage men to marry widows and later abandon them. They further warned that the scheme would turn women into cash cows and open up a portal for human traffickers.

“It is the right of single women to live as they want. But society does not treat them properly. They are looked down on, and we want to change that” said finance ministry spokesman, Shankar Adhikari.

For more information, please see:

AFP – Nepal Widows Dismiss Marriage Cash Incentive – August 10,   2009  

Reuters India – Widows Protest Marriage Incentive  – August 10, 2009

The New Zealand Herland – Nepal Offers $970 to Marry Widows – August 10, 2009  

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

NEW YORK, United States– The Chinese government should cancel the criminal trials of Huang Qi and Tan Zuoren in the absence of any credible proof that they endangered state security during their investigation of schools that collapsed in the 2008 Sichuan earthquake.

School destroyed during the quake (Source: AP)

Huang is a well-known civil rights campaigner and is accused of possessing state secrets, a crime punishable by imprisonment for five-years to life in China.  His charge is based on Huang’s investigation which found that poor construction lead to the collapse of the schools during the Sichuan quake.  Tan is also a famous civil rights and environmental advocate and can be jailed for five-years for his subversion charge.  Tan’s sentence stems from the fact that he compiled a list of children killed during the earthquake.

“Subversion” and “state secrets” charges have long been used by the Chinese government to silence dissidents who exercise their constitutionally guaranteed rights.  Sophie Richardson of Human Rights Watch said, “These trials are not about a reasonable application of the law, but about silencing government critics whose work has considerable public benefit….”  Richardson also commented that there is no evidence to suggest that Huang or Tan did anything more than to embarrass the government, which is not a crime.

The trials of Huang and Tan appears to be part of China’s plan to repress those who are challenging the government’s death toll of the quake and those who are seeking answers as to why 7,000 classrooms collapsed.  Furthermore, prosecuting advocates like Huang and Tan violates international law as well as China’s constitution.  That is, China implemented its first-ever national human rights campaign in April 2009 in which the government promised to “[r]especting earthquake victims (and) registering the names of people who died or disappeared in the earthquake and make them known to the public.”

  Mother, amid quake rubbles, mourning her daughter (Source: Reuters)

Independent research by a renowned architect suggested that the death toll is more than 6,000.  Moreover, outspoken parents of children who died in the school collapse have been harassed, detained or punished by government officials.

For more information, please see:

AP – Trial of Chinese dissidents ends without ruling – 5 August 2009

Human Rights Watch – China: Cancel Trials of Quake Victim Advocates – 4 August 2009

NYT – China Urged to Cancel Quake Trials – 5 August 2009

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

SEOUL, South Korea – Two American journalists, Laura Ling and Euna Lee, have been released by North Korea after former U.S. President Bill Clinton made an unannounced visit to North Korea to negotiate the journalists’ release. 

Laura Ling and Euna Lee leaving North Korea (Source: APTN)

Clinton met with top North Korean officials, and “expressed words of sincere apology to Kim Jong Il for the hostile acts committed by the two American journalists against the DPRK after illegally intruding into it.”  North Korean leader Kim Jong Il then issued an order which granted special pardons to the two American journalists from their 12-year labor camp sentences. 

North Korean News Agency (NKNA) announced that the pardon was “a manifestation of the DPRK’s humanitarian and peace-loving policy,” adding that Clinton’s visit “will contribute to deepening the understanding between the DPRK and the U.S. and building the bilateral confidence.”  NKNA also said Clinton apologized on behalf of the women and relayed President Barack Obama’s gratitude.

The two journalists were arrested back in March while working near the border between North Korea and China.  Thereafter, they were sentenced in June on charges of entering the country illegally.  Since then, the U.S. has been working on their release through Sweden since the U.S. and North Korea do not have diplomatic relations.  The U.S. State Department was also working with the North Korean Mission to the UN for the journalists’ release by asking that North Korea grant the women amnesty.

The families of Ling and Lee are “overjoyed” by the news of the pardon.  They have posted a statement on their website thanking Clinton, the U.S. State Department and President Obama for their efforts in getting the two women released.  Ling’s father, Doug Ling, described today as “one of the best days in my life” after hearing that his daughter has been released.

The two journalists flew out of North Korea with Clinton and are en route to Los Angeles where they will be reunited with their families.

For more information, please see:

BBC – North Korea pardons US reporters – 4 August 2009

CNN – U.S. journalists head home from North Korea – 4 August 2009

MSNBC – North Korea frees 2 jailed U.S. journalists – 4 August 2009