By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Former Khmer Rouge prison chief Dutch’s trial is pushed back due to prosecutor’s appeal to include more charges. Thus far, Dutch has been charged with war crimes and crimes against humanity. The prosecutors want to expand the scope of Dutch’s indictment to include conspiracy to murder and starving and torturing Cambodians in the 1970s.

However, the judges of the Khmer Rouge Tribunal rejected the prosecutor’s appeal for conspiracy and allowed for pre-meditated murder and torture. In part, the court’s reasoning for rejecting the conspiracy claim was to expedite the trial.

There is also disagreement between the prosecutors themselves whether to charge more people involved in the Khmer Rouge regime, under which 2 million lives perished. Currently, there are five key members of the Khmer Rouge regime awaiting trial. International co-prosecutor Robert Petite believes that several more ex-Khmer Rouge members should be investigated; however, Chea Leang, his Cambodian colleague, sharply disagrees. They might file a joint letter of disagreement to the court asking judges to intervene.

This disagreement represents the first conflict between international and domestic officials. Even though the Khmer Rouge Tribunal is a UN funded court, it is still a Cambodian court. The government’s involvement in the Khmer Rouge Tribunal has been under scrutiny since many of the high officials were ex-Khmer Rouge members.

For more information, please see:

BBC – Khmer Trial Clears Final Hurdle– 5 December 2008

BBC – Prosecutor Dispute at Khmer Trial– 9 December 2008

Phnom Penh Post – Tribunal Hit by Row Over New Probes– 9 December 2008

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – French expatriate and author Harry Nicolaides was charged of “lese majeste” and jailed in Thailand since August. On December 4, Reporters Without Borders called for the immediate release of Nicolaides who faces up to 15 years in jail. Reporters Without Borders said, “We urge the Australian authorities to do everything within their power to secure the repatriation of Harry Nicolaides as quickly as possible.” The organization added, “He is being held in very harsh conditions and his morale is at a very low ebb.”

Nicolaide’s lawyer claims Nicolaides is suffering from poor health and requested bail on the grounds of medical reasons. The lawyer’s request was rejected for the fourth time on November 22.

The Thai government does not allow any published material that insults the Thai monarchy. The charges relate to Nicolaide’s book published three years ago, Verisimilitude, which alluded to the Crown Prince mistreating one of his mistresses.  The book did not gain much success as only 50 copies were sold; however, it was dug up by Thai authorities and Nicolaides is in jail for writing a book that was deemed to insult the Thai monarchy.  Nicolaides has since retracted his book and insists that he never meant to insult the Thai monarchy.

Australia’s Foreign Minister Stephen Smith said Nicolaides “has been refused bail on four separate occasions, which we of course regret, but it’s not possible for the Australian Government to seek to interfere in the judicial or legal processes of another country.” In the meantime, Smith said the Australian Embassy in Thailand has made 30 representations to the Thai government about Nicolaides’ case and is “treating this very seriously.”

Thailand has accused and arrested other nationals for insulting their monarchy in the past. In 2006, a Swiss National was arrested and sentenced to 10 years in prison for insulting the Thai monarchy and he was ultimately released and deported after a few weeks. Earlier this year, a BBC journalist was accused of insulting the Thai monarchy a charge that BBC vehemently denies.

For more information, please see:

AP – Thai King’s Illness Sparks Anxiety Amid Crisis– 4 December 2008

RSF – Australian Author Denied Bail for the Fourth Time– 4 December 2008

The Australian – Stephen Smith Cannot Help Jailed Aussie Harry Nicolaides in Thailand – 9 December 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MUMBAI, India – The terrorist attacks in Mumbai resulted in 188 people dead and at least 200 injured. The gunmen opened fire in several locations including a railway station, restaurant, hospital, a Jewish center, and two hotels, the Taj Mahal Palace and Oberoi-Trident.

India has made clear that it suspects that the attacks originated in Pakistan. India believes that the attack “was carried out by elements from Pakistan” and “the government expects that strong action would be taken against those elements.”

Pakistani President Asif Ali Zardari told CNN’s Larry King that “Pakistan is in no way responsible.” “Even the White House and the American CIA have said that today. The state of Pakistan is, of course, not involved. We’re part of the victims.”

One of the captured gunmen is held in police custody. According to Indian officials, he is Pakistani and trained by Lashkare-Tayyiba, a terrorist group based in Pakistan that has aligned itself with al Qaeda. Lashkare-Tayyiba has denied any involvement.

Indian External Affairs Minister Pranab Mukherjee stated that the 10 attackers hijacked a trawler in Karachi and arrived in Mumbai by way of dinghies.

Mumbai’s police chief, Hasan Gafoor, said that a global positioning system (GPS) was recovered showing that the attackers originated in Pakistan.

India has demanded that Pakistan extradite 20 suspects who have taken refuge in Pakistan. Most of them are rebel leaders and many were connected to the 2001 attack on India’s Parliament and the 2006 attack on the Indian embassy in Afghanistan.

Pakistani Foreign Minister Shah Mahmood Qureshi stated that “this is not a time to point fingers” and proposes a common strategy between the two countries.

U.S. Secretary of State Condoleeza Rice said as she went to New Delhi, India, “Everyone should cooperate fully, and Pakistan in particular needs to cooperate fully and transparently.”

For more information, please see:

BBC News – India Makes Protest to Pakistan – 1 December 2008

CNN – Rice Heads to India to Ease Tensions – 2 December 2008

U.S. News & World Report – India Points Finger at Pakistan Over Mumbai Terrorist Attacks – 2 December 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

Sri Lanka – Human Rights Watch urged the Sri Lankan government to immediately drop charges and release Tamil journalist J.S. Tissainayagam, and two other detainees, Tamil publisher N. Jasiharan and his wife V. Valamathy last Sunday.

“The Sri Lankan government is shamefully using antiterrorism laws to silence peaceful critics in the media,” said Brad Adams, Asia director at Human Rights Watch.  “This is no way for a government that claims to be a right-respecting democracy to act.”

Tissainayagam contributed to the Sunday Times, writing weekly columns, most of them pertaining to Sri Lankan government, such as security issues.  He was also editor of the Outreach website.  In 2006, he edited an article in the North Eastern Monthly.  According to Free Media Movement, North Eastern Monthlywas known as a pro-Tamil publication that was not considered connected to the terrorist group, the Liberation Tigers of Tamil-Eelam.

On March 7, Tissainayagam was arrested by Sri Lanka’s Terrorist Investigation Division.  Almost five months later, Tissainayagam was indicted by Colombo’s High Court on August 25 for violating Sri Lanka’s Emergency Regulations and the Prevention of Terrorism Act for inciting communal disharmony for printing and distributing the North Eastern Monthly magazine and aiding and abetting terrorist organizations through raising money for the magazine.

“We condemn J.S. Tissainayagam’s long detention and harsh charges for publishing a magazine, which should not constitute an offense,” said Bob Dietz, Committee to Protect Journalists Asia Program Coordinator.  “This is the latest step by the Sri Lankan government to intimidate journalists who write about security issues.”

Rajiva Wijesinha, Sri Lanka’s secretary of the Ministry of Disaster Management and Human Rights, denied that Tissainayagam was being detained merely for criticizing the government.  He said, “Some of their publications were designed to embarrass the Sri Lankan government through false accusations.”

For more information, please see:

Committee to Protect Journalists – Sri Lankan Journalist Indicted on Terrorist Charges – 25 August 2008

Human Rights Watch – Sri Lanka:  Free Journalists Unfairly Held – 2 December 2008

Tamil Insight – IFJ was Alarmed by the Transfer of Tissainayagam to Violent Magazine Prison -21 November 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

Kazakhstan – Human Rights Watch urged the Kazakh government that it should make human rights reforms before taking chair to the Organization for Security and Cooperation (OSCE).  Kazakhstan was chosen last year to become chair in 2010.  Human Rights Watch issued a 55-page report, “An Atmosphere of Quiet Repression:  Freedom of Religion, Expression and Assembly in Kazakhstan,” which documents Kazakhstan’s extensive restrictions on freedom of religion, express and assembly, all in contravention of human rights law.

The United States urged Kazakhstan to reform human rights violations by the end of this year.  U.S. assistant secretary of state for the region, Richard Boucher, stated that, “Despite slow and uneven progress, President Nazarbayev assured me earlier this year that Kazakhstan will stand by its commitments… Clearly, a great deal of work must be done by the end of 2008.”

President Nazarbayev promised last month for a more democratic Parliament, allow more media freedom, and change electoral law.

Opposing members of the OSCE and human rights groups protest the Kazakh appointment, stating that it is too early for the country to lead in democracy.

Human Rights Watch calls upon Kazakhstan to fulfill its pledges it promised OSCE and that are required of it as a member of the OSCE such as:  “revise the draft religion law to bring it into conformity with the Kazakh constitution and international human rights standards; Make public a review of the draft religion law by the OSCE’s Office for Democratic Institutions and Human Rights; Place a moratorium on criminal libel cases and review the relevant articles in the Criminal Code with a view towards abolishing criminal libel, and establish a cap on defamation awards; and Abolish legal provisions that permit unnecessary restrictions on locations where demonstrations can take place.

Assuming Kazakhstan does take chairmanship, it will be the first post-Soviet country to lead the organization.

For more information, please see:

Human Rights Watch – An Atmosphere of Quiet Repression:  Freedom of Religion, Expression and Assembly in Kazakhstan – 1 December 2008

Human Rights Watch – Kazakhstan:  Fulfill OSCE Commitments on Human Rights – 1 December 2008

Reporters Without Borders – Kazakhstan ‘s OSCE Presidency Opposed After Heavily Biased Election Coverage – 22 August 2007

Reuters – U.S. Urges Kazakhstan to Uphold OSCE Values – 23 July 2008