Asia

Khmer Rouge Torturer Admits to Crimes Against Humanity

By Pei Hu

Impunity Watch Reporter, Asia

PHNOM PEHN, Cambodia – Kaing Guek Eav, also known as Duch, admitted responsibility for crimes committed during the rule of the Khmer Rouge regime. Duch is accused of crimes against humanity including torture and premeditated murder that lead to 10,000 deaths.

During the short Khmer Rouge regime, 2 million lives were lost due to starvation, being over-worked, and from execution. At the UN-backed tribunal in Cambodia, Duch expressed “regretfulness and heartfelt sorrow” for his actions. Duch told the court, “May I be permitted to apologize to the survivors of the regime, and also the loved ones of those who died brutally during the regime… I ask not that you forgive me now, but hope you will later.”

On Tuesday, prosecutors opened their case against Duch. Co-prosecutor Chea Leang said, “For 30 years, one-and-a-half million victims of the Khmer Rouge have been demanding justice for their suffering… Justice will be done. History demands it.”

Duch, former Tuol Sleng prison ward, is the first key Khmer Rouge leader to be on trial, and four more Khmer Rouge leaders are awaiting trial. Leang said Tuol Sleng prison “formed an integral and indeed vital role in a widespread attack on the population of Cambodia.”

Prosecutors read out gruesome details from the notorious Tuol Sleng prison during the indictment, including medieval methods of torture. “Several witnesses said that prisoners were killed using steel clubs, cart axles, and water pipes.” The indictment also read, “Prisoners were then kicked into the pits, where their handcuffs were removed. Finally the guards either cut open their bellies or their throats.”

Thousands of people have died in Tuol Sleng, which is now a Genocide museum with photographs of the victims lining the wall.

Duch was in charge of interrogations at Tuol Sleng, but “every prisoner who arrived a S-21 [Tuol Sleng] was destined for execution.”

“As a member of the [Khmer Rouge] I recognize responsibility for what happened at Tuol Sleng,” Duch told the tribunal. At 66 years-old, Duch is the only Khmer Rouge defendant to admit his part in the atrocities, but he insisted that he did not hold a senior role in the regime and had no choice but to work at Tuol Sleng, “I was in a life and death situation for myself and my family.”

Duch was discovered in the Cambodian country side by British journalist Nic Dunlop in 1999. Dunlop said it was “surreal” to see Duch in a court room.

For more information, please see:

BBC – Khmer Rouge Leader Admits Crimes– 31 March 2009

Reuters –Khmer Rouge torturer accepts blame for 14,000 deaths– 31 March 2009

Toronto Star – Khmer Rouge torturer apologizes– 1 April 2009

U. N. Human Rights Report on North Korea

By Ariel Lin
Impunity Watch Reporter, Asia

North Korea – A report presented by Vitit Muntarbhorn, a United Nations envoy to North Korea, states a “broad range of egregious human rights violations” in the country.  He accused North Korean authorities of committing widespread torture in prisons.  “Life in the reclusive communist-ruled country is ‘dire and desperate’,” said Vitit Muntarbhorn.

In addition, he claimed about almost 7 million North Koreans have not received the food assistance. Muntarbhorn criticized North Korean government for using access to food as a method of controlling its population.  In December, the UN World Food Programme estimated that approximately 40 percent of North Korea’s population, or 8.7 million people, would need food assistance in 2008 due to a deficit in domestic cereal production.

“The abhorrent prison conditions, including lack of food, poor hygiene, freezing conditions in winter time, forced labor and corporal punishment, result in a myriad of abuses and deprivations,” Muntarbhorn wrote in his report.

Muntarbhorn never gained entry to North Korea, but he has been investigated North Korea for years.  He often consulted with U.N. agencies working in North Korea and human rights groups outside.  In preparing his report, he also spoke with North Korean refugees in South Korea, Japan and Mongolia.

North Korea rejected the report, saying it was filled with “fabrications and distortions.” Sang Il Hun, a North Korea representative to the U.N. Human Rights Council, said the report was a politically motivated attack on the country, and that North Korea adequately protects human rights.

For more information, please see:

AFP – 6.9 million North Koreans lack food aid: UN expert – 16 March 2009

AP – UN expert: North Korea commits widespread torture – 16 March 2009

Bloomberg – North Korean Human Rights ‘Dire and Desperate,’ UN Envoy Says – 16 March 2009

Bloomberg – North Koreans Lacking Food Aid Total Almost 7 Million, AFP Says – 16 March 2009

Jurist – UN rights investigator cites North Korea for ‘egregious’ violations – 16 March 2009

Reuters – Life in N.Korea dire and desperate, U.N. forum told – 16 March 2009

Turkmenistan Should Follow UN Recommendations

By Shayne R. Burnham
Impunity Watch Reporter, Asia

TURKMENISTAN – Human Rights Watch calls upon the government of Turkmenistan to reform human rights in accordance with the recommendations of the United Nations’ (UN) Human Rights Council.

In December 2008, under Universal Periodic Review, the Turkmen government rejected various recommendations.  These recommendations included the release of political prisoners, undergo a review of past cases of political imprisonment, and lift arbitrary travel bans on human rights activists.

Since the review in December 2008, Turkmenistan has not taken any active steps to carry out the recommendations.  It only listed programs, reports, and legislation in a February 2009 statement.

Human Rights Watch believes that more direct and immediate action can relieve some human rights problems.  “The Turkmen government can resolve quite a few human rights problems immediately, since they require nothing but political will. . . .  Releasing political prisoners and granting access to independent human rights monitors are steps authorities can and should take right away, to demonstrate a true commitment to reform.

March 19, 2009 was Turkmenistan’s final session before the Human Rights Council, which took place in Geneva.  Human Rights Watch believes that Turkmenistan should “demonstrate the political will” and adopt the recommendations.

“Today’s session in Geneva is a golden opportunity for Turkmenistan’s leadership to show it is ready to make a genuine commitment to reform,” said Maria Lisitsyna, Central Asia researcher at Human Rights Watch.  “The countless victims of human rights abuse in Turkmenistan deserve nothing less.”

Human Rights Watch considers Turkmenistan “one of the most repressive countries in the world.”  Human Rights Watch cites that the Turkmen government has banned human rights monitors from entering the country for the past ten years.  In addition, journalists and other private activists are not able to work freely and receive pressure from the government.  Therefore, the UN is one of the only means to investigate Turkmen human rights practices.

“The Turkmen government should treat external scrutiny of its human rights record not as a threat, but as an essential component of an accountable government,” said Lisitsyna.

For more information, please see:

Amnesty International – Turkmenistan: Amnesty International Urges Turkmenistan to Fully Implement Recommendations Made Under the Universal Periodic Review – 20 March 2009

Human Rights Watch – Turkmenistan: Commit to Human Rights Reform – 19 March 2009

Radio Free Europe Radio Liberty – HRW Urges Turkmenistan to Expedite Human Rights Reforms – 20 March 2009

Pakistani Terrorist in Mumbai Attacks on Trial in India

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MUMBAI, India – The trial of gunman Mohammed Ajmal Kasab for the 2008 terrorist attacks in Mumbai has begun on Monday in India.  He is the only gunman charged.

Kasab was captured on the first day of the attacks and has been held in jail until his trial.

The proceeding was conducted over a video link from prison.  Kasab was not brought into the court room for security reasons.  The jail barrack in which Kasab stays has been bomb proofed.

Judge M.L. Tahiliyani asked Kasab to identify himself and where he was from.  Kasab replied that he was from Faridkot, in the Punjab province of Pakistan.

Public prosecutor Ujjwal Nikam said that that Kasab was smiling as the charges were being read to him.  Kasab also asked for legal counsel and accepted a court appointed advocate.  Nikam said, “Kasab and his co-conspirators informed the court that they are not in a position to engage any lawyer, therefore they would be provided an advocate through legal aid committee.”

Kasab is charged with twelve criminal counts, including murder and waging war against India.  He could face the death penalty if convicted.

Pakistani officials have acknowledged that Kasab is Pakistani and that attacks were plotted on their soil.  Pakistan announced criminal proceedings against eight suspects.

India blamed the Pakistani Islamic militant group, Lashkar-e-Taiba, for the attacks last year and say that most are from Pakistan.  The relations between India and Pakistan has worsened because it blames Pakistan for not clamping down on terrorism.

As a result of the three day attacks, about 164 people were dead.  Nine other attackers were killed.  The terrorists targeted luxury hotels and a Jewish community center.

The next hearing is set for March 30, where Judge Tahilyani will appoint counsel for Kasab.

For more information, please see:

Associate Press – Trial Opens for Gunman in Mumbai Attacks – 23 March 2009

Express India – Court to Decide Kasab’s Lawyer From Legal Panel on March 30 – 24 March 2009

Times of India – Bomb-proof Jail Within Jail for High-Profile Kasab Trial – 19 March 2009

Voice of America – Mumbai Terror Strike Gunmen Faces Trial in India – 23 March 2009

President Obama Announces New Plan for War in Afghanistan

By Shayne R. Burnham
Impunity Watch Reporter, Asia

AFGHANISTAN – United States President Obama declared that an extra 4,000 troops would be sent to Afghanistan in an effort to fight against the Taliban and al-Quaeda.

Obama said, “I want the American people to understand that we have a clear and focused goal: to disrupt, dismantle, and defeat al Quaeda in Pakistan and Afghanistan, and to prevent their return to either country in the future.”

This announcement followed an Afghanistan-Pakistan policy review that occurred soon after he took the oath of office.

Obama warned that the same terrorists behind the September 11, 2001 attacks were plotting another attack on the United States from Pakistani soil.

He further stressed that Afghanistan was in peril of falling into the hands of Islamic militants.  He said that “[i]f the Afghanistan government falls to the Taliban or allows al-Quaeda to go unchallenged, that country will again be a base for terrorists.”

Therefore, the main goal is to rebuild civilian infrastructure within Afghanistan.  The 4,000 troops to be sent to Afghanistan is to train and support the Afghan police and army.  In addition, more troops are needed from NATO allies.  In sum, Obama hopes to build the Afghan army to 134,000 and the police to 82,000.  Agricultural specialists, engineers and lawyers would also be sent to the country.

The Afghan government fully supports Obama’s policy.  Presidential spokesman Humayun Hamidzada  stated that “the recognition of the regional aspect of the problem in Afghanistan and specifically recognition that the al-Quaeda threat is mainly emanating from Pakistan.”

However, Obama recognized that the plan could not be carried out alone.  Obama is focused on utilizing allies “to confront our common enemy.”  He said that the existence of al Quaeda and the Taliban pose an international security threat, especially to the nations that border Afghanistan.

“Together with the United Nations, we will forge a new Contact Group for Afghanistan and Pakistan that brings together all who should have a stake in the security of the region,” he said.  This contact group is set to include “our NATO allies and other partners, but also the Central Asian states, the Gulf nations and Iran; Russia, India and China.”

Although there has been tension between the U.S. and Iran, Obama hopes to strengthen their diplomatic ties.

“We see Iran as an important player related to Afghanistan.  We see this as a very productive area for engagement in the future.”

Iran foreign ministry spokesman Hassan Ghashghavi said, “We will participate in the Afghanistan meeting.  At what level, I don’t know yet, but we will participate.”

The U.S. further seeks help from the Pakistani government to put pressure on al-Quaeda.  In exchange, Obama is asking Congress to pass a bill that would authorize the tripling of spending in Pakistan to $1.5 billion each year over the next five years.  The money will be spent to help rebuild schools, hospitals and roads.

For more information, please see:

AFP – Obama Proposes Afghan Contact Group Including Iran – 27 March 2009

Associated Press – Obama: Taliban and al-Quaida Must Be Stopped – 27 March 2009

BBC – U.S. Rethinks Afghanistan Strategy – 27 March 2009

Boston Globe – Obama Plans More Afghan Reinforcements – 26 March 2009