By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – More than 150 international scholars, human-rights activists and Nobel Prize laureates calling for the release of a prominent human rights activist, Liu Xiaobo. In an open letter to the Chinese President Hu, they expressed their “deep concern” with the ongoing “arbitrary detention” of Mr. Liu.  “The presumption is that Mr. Liu has been arrested solely for exercising his right to freedom of expression, as guaranteed under China’s constitution and international law,” the letter said.  The letter also asked Hu to ensure the civil rights of citizens and stand by the “rule of law” that the leadership says governs China.

According to human-rights groups, Mr. Liu, a former university professor, was arrested earlier this month for signing a petition called “Charter 08” earlier this month. “Charter 08”  is an open petition call for human rights and democracy and demand for an end to the dominance of the Communist Party in China.  Mr. Liu previously was jailed 20 months for participating in the 1989 Tiananmen Square protests.

Mo Shaoping, a lawyer who is representing Mr. Liu, said Mr. Liu’s wife had asked police about her husband but they refused to give her any information. Jiang Qisheng, another prominent Chinese activist who also signed Charter 08,  says that under Chinese law, authorities must tell family members where a person is being kept and the reason for their detention within 24 hours. Jiang said he welcomed the letter, “This will help, at what degree it’s difficult to say,” he told AFP.  The European Union and the United States have also expressed their concern over Liu’s detention.

In response, a spokesperson for China’s Ministry of Foreign Affairs said that he did not know the specifics of Mr. Liu’s case, but that China would not tolerate interference in its internal affairs. “I can tell you that China runs the country according to law and will handle the relevant issue according to law,” Qin Gang said.

For more information, please see:

AP – Scholars, lawyers call for release of China critic – 23 December 2008

BBC – China urged to release dissident – 23 December 2008

International Herald Tribune – Petition over detained Chinese writer goes international – 23 December 2008

Wall Street Journal – Activists Demand Release of Leading Chinese Dissident – 24 December 2008

By Ariel Lin
Impunity Watch Reporter, Asia

YANGONG, Myanmar – A defense lawyer, Saw Kyaw Kyaw Min, who fled to Thailand, has spoken out about delays and restrictions in the Myanmar judicial system.  Saw Kyaw Kyaw Min and fellow lawyer Nyi Nyi Htwe were representing 11 youths who had staged a protest march in Rangoon. Saw Kyaw Kyaw Min and Nyi Nyi Htwe were charged with intentional insult to a public servant sitting in judicial proceedings after three of his clients turned their backs to the court during their trial as a protest against the legal process.  The Hlaing Thaya township court in Rangoon sentenced them to six months in prison.

Saw Kyaw Kyaw Min told reporters in Thailand that his clients were arrested by police, and were mentally and physically tortured to obtain evidence that they had committed the crime.
“Evidence obtained in such a manner by the police was then used in court. In that case, I examined five witnesses before I fled the country,” he said.

He also described to Human Rights Watch the secretive workings of the Myanmar’s legal system.  He said political activists awaiting sentencing in prison can meet with their defense lawyers only at police custody centers with police and intelligence officers present. Trials are often shrouded in secrecy, with lawyers not informed when their clients are to appear in court. Lawyers representing political prisoners face arbitrary delays when requesting assistance from authorities or documents such as case files, he added.

At a year-end news conference, United Nations Secretary-General Ban Ki-moon has criticized the Myanmar Junta for not following through on its promises of advancement towards democracy.  Mr. Ban said Junta has failed to engage in democratic dialogue and release its political prisoners.  The United Nations has repeatedly called on Myanmar Junta to release democracy leader Aung San Suu Kyi, who is under house arrested for 13 of the past 19 years, as well as all other political prisoners.
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For more information, please see:

Democratic Voice of Burma – Exiled lawyer slams Burmese legal system – 16 December 2008

Human Rights Watch – Burma: Lawyer’s Testimony Highlights Distorted Justice– 16 December 2008

Irrawaddy – Burmese Defense Lawyer Flees to Thailand, Blasts Regime – 15 December 2008

Radio Free Asia – Burmese Lawyer Flees, Speaks Out – 18 December 2008

Voice of America – UN Chief Criticizes Burma for Lack of Democratic Progress – 18 December 2008

By Pei Hu
Impunity Watch Reporter, Asia

HANOI, Vietnam – Today, nearly one in four Vietnamese use the internet and the number is steadily increasing. Vietnam authorities are worried over the growing number of bloggers and their increased use of the internet to express their views against the government. Currently, all Vietnam media agencies including televised news, radio and newspapers are state run. “They (state media) decide what we will hear, what we will read and what we will see,” said a blogger who identifies himself as Mr. Cold. “They are slaves of the Communists.”

In response, a senior Vietnamese internet security expert said that the Vietnamese authorities plan to police the content of dissident blogs through random checks and self-policing by the country’s blogging community. Authorities currently block some oversea websites that are critical of the government and authorities usually block anything they deem as encouraging public protest or any views that will anger China.

The government crackdown on bloggers has caused widespread criticism. “These new censorship regulations are not in accordance with freedom of speech, a right recognized by the Vietnamese constitution and international conventions signed by Vietnam,” said Le Minh Phieu, a Vietnamese legal scholar living in France.

On December 5, the Ho Chi Minh City People’s Court confirmed the September verdict and sentencing of Nguyen Hoang Hai, who uses the weblog name Dieu Cay and is a member of the online Free Vietnamese Journalists Club.

Dieu Cay has taken part in anti-Beijing demonstrations about a sensitive sea territory dispute with China and was arrested in April, days before the Olympic torch passed through former Saigon.
After a quick proceeding, the court upheld the sentence of two-and-a-half years imprisonment for Dieu Cay on the charge of tax fraud. “The police refused to let Dieu Cay pay his taxes in order to fabricate evidence of his guilt,” Dieu Cay’s lawyer told Reporters Without Borders. “This conviction was premeditated by the authorities.”

Many see Dieu Cay’s sentence as politically motivated. “The court took no account of new evidence submitted by Dieu Cay’s defence,” Reporters Without Borders said. “These rushed proceedings clearly show that the authorities are persecuting this blogger. The appeal court’s verdict was an unjust decision resulting from a trumped-up charge.”

Shawn Crispin, a Southeast Asia representative for the New York-based Committee to Protect Journalists, said “Nguyen Van Hai’s harsh treatment was meant to send a message to all of the country’s bloggers.”

For more information, please see:

AFP –  Vietnam Court Upholds Blogger’s Jail Term – 4 December 2008 

RFA – Vietnam to Police Blogs – 12 December 2008

RSF – Leading Blogger’s Conviction Upheld on Appeal – 5 December 2008

San Francisco Chronicle – Bloggers the New Rebels in Vietnam – 14 December 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

PAMPORE, India – Indian police forces opened fire and used teargas on hundreds of protesters during state elections in Indian Kashmir last Saturday. One demonstrator was killed and about 34 were injured during the anti-election protests.

Separatist leaders called upon hundreds to boycott voting. They believe that participation in the elections strengthen New Delhi’s hold over the dispute Muslim-majority region. Protesters were shouting, “We want freedom” while besieging police and throwing stones at them.

Despite protests, there has been a high turnout at the polls. In the first four hours of voting, more than 22 percent of the population has come out to vote.

“It is not a vote for Indian rule or against separatists. Voting is for development,” said Sajjad Ahmad, a fruit grower. “We want better roads, schools and hospitals.”

Ghulam Mohammed, a retired bank employee said, “I’m here to vote for a candidate who will work to build roads and schools in our town.” Moments before he was about to vote, he continued by saying, “This isn’t a vote against the separatists, nor is it for India. It’s to choose an honest local government.”

Authorities have deployed extra troops, erected barricades and warned residents to remain indoors.

In recent months, there have been huge pro-independence demonstrations in Kashmir which were met with security forces. In anticipation of the protests, separatist leaders were placed in jail or under house arrest.

The polling last Saturday was the fifth round of a seven stage process. The final polls occur on December 24th. Counting of the votes is set to take place on December 28th.

After the collapse of the state government over a Hindu-Muslim land dispute that triggered a series of massive anti-India demonstrations, Kashmir was put under the power of the Indian federal government in July.

Almost 50,000 people have died as a result of the uprising in Kashmir.

For more information, please see:

AFP – One Killed as Clashes Disrupt Indian Kashmir Voting – 13 December 2008

BBC News – Protester Shot as Kashmir Votes – 13 December 2008

Reuters – Police Fire Bullets Against Kashmir Protesters – 12 December 2008

By Pei Hu
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – International media watchdog, Reporters without Borders (RSF), and the Hindu community asks for the release of P. Uthayakumar, who has been detained without trial since last December. Malaysian authorities arrested Uthayakumar, a human rights lawyer for a non-profit Hindu rights organization, Hindu Rights Action Force (Hindraf), under Malaysia’s Internal Security Act (ISA).

Hindraf works to publicize the plight of ethnic Indian minorities who have been consistently marginalized in Malaysia. Uthayakumar pointed out that every year 1 Hindu is killed under police custody and called upon the international community to put pressure on the Malaysian government to try perpetrators in International Criminal Court. Last November, Uthayakumar posted on his website a letter he wrote to British Prime Minister Gordon Brown asking the Prime Minister to support a UN Security Council resolution that condemned the “persecution” of Hindu minorities in Malaysia.

After Hindraf organized a massive rally last year, where nearly 30,000 Indians marched the streets, the Internal Minister of Malaysia declared Hindraf an unlawful organization. The Internal Minister accused Hindraf of exploiting racial issues which disrupted peace and public order and since last December five Hindraf leaders have been arrested under the ISA.

Under article 8 of the ISA, a person can be detained up to two years if he is “acting in any manner prejudicial to the security of Malaysia” and the detention can be extended indefinitely. RSF said, “Uthayakumar’s detention yet again shows to what degree the ISA is used to violate the principle of free expression … by allowing someone to be arrested without charge, this law enables the government to silence its opponents. We urge the authorities to release Uthayakumar, who just used his right to free speech.”

For more information, please see:

India Post – Indian Diaspora on Malaysia Resents Ban on Hindraf – 23 November 2008

Malaysia Insider – Hindraf Adrift One Year After Mass Protest – 26 November 2008

RSF – Call for release of Hindu minority lawyer arrested a year ago under security law – 12 December 2008