By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – China’s prominent human rights activist, Hu Jia, was awarded the Sakharov prize, the European Union’s highest human rights honor.  Hu is known for his campaign for civil rights, the environment and AIDS victims.  He was convicted last April of inciting subversion, and is currently serving a three-and-a-half-year jail sentence in China.

Hu’s wife, Zeng Jinyan, also an activist, can visit him only when prison officials allow it.  She lives under house arrest with their infant daughter, and reporters are prevented from visiting their home by guards who block the entrance to the apartment building.

European Parliament President Hans-Gert Poettering called Hu Jia “one of the real defenders of human rights in the People’s Republic of China.”  Poettering told the EU assembly that “by awarding the Sakharov Prize to Hu Jia, the European Parliament is sending out a signal of clear support to all those who defend human rights in China.”

The U.S. State Department spokesman Gordon Duguid also said that the U.S. hopes Beijing will move to free Hu Jia from prison, after the European Parliament awarded him a human rights prize.  “We hope that the recognition the European Parliament has given Hu Jia by awarding him the prestigious Sakharov Prize will demonstrate to China’s leaders the enormous esteem the international community holds for his important work as a human rights defender and that China will release him immediately,” said Gordon Duguid.

However, a spokesman for China’s Foreign Ministry, Liu Jianchao, expressed strong dissatisfaction that such an award had gone to a “jailed criminal” in disregard of China’s repeated representations on the issue.  He says it was “a gross interference in China’s domestic affairs.”  In a letter sent to the President of EU assembly earlier this week, China’s ambassador to the EU, Song Zhe, said giving the award to Hu would “inevitably hurt the Chinese people once again and bring serious damage to China-EU relations.”

Hu was also named as a possible winner of the Nobel Peace Prize this year, prompting Beijing to issue a warning that the prize should go to the “right person.”

For more information, please see:

ABC – Europe Awards Jailed Chinese Dissident – 23 October 2008

AFP – US presses China to free EU prize-winning dissident – 23 October 2008

AP – EU honours jailed Chinese dissident Hu despite Beijing pressure – 23 October 2008

BBC –  Hu Jia wins European rights prize – 23 October 2008

Reuters – China bridles as dissident wins top EU rights prize – 23 October 200

By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan – Twenty-three year old journalist Perwiz Kambakhsh was sentenced by Afghanistan’s appellate court to 20 years for circulating an Internet article about women’s rights under Islam.  This new sentence overturned a death sentence he received in January by a court in the northern city of Mazar-i-sharif.

Under Islamic law, blasphemy is a capital crime, punishable by death.  This 20 year sentence demonstrates Afghanistan’s drift toward a more radically conservative Islam and how fragile the judiciary really is.  Moreover, according to Human Rights Watch, it illustrates Afghanistan’s lack of respect for individual liberties.  As Brad Adams, Asia director at Human Rights Watch, stated, “Kambakhsh’s case demonstrates how fragile freedom of expression is in many parts of Afghanistan, and the lack of progress that has been made in establishing a professional judiciary.” He further stated, “It is an embarrassment to the Karzai government, which has failed to take judicial reform seriously and allows a brutal and conservative security service to do whatever it wants.”

Kambakhsh was studying in Mazar-i-sharif and working as a journalist for the Jahan-e Now Daily, a local newspaper, when he was arrested on October 27, 2007.  He was held for 8 days without being charged before he was handed over to the prosecution.  Since his arest, Kambakhsh was detained in three difference prisons and denied basic legal rights, such as right to legal counsel.  His family reported that he was beaten and tortured into signing a confession.  When he was tried on January 22, 2008, he went in front of the judge and prosecutor without counsel or a hearing and was sentenced to death.  The following day, the prosecutor, Hafaizullah Khaliqvar, condemned all journalists who supported Kambakhsh.

Kambakhsh’s brother, Yaqub Ibrahimi, believed that the arrest of Kambakhsh was a warning against him for his articles on human rights abuses committed by local warlords and militias in northen Afghanistan.  Ibrahimi is a journalist for the Institute for Way and Peace Reporting.  A few days prior to Kambakhsh’s arrest, Ibrahimi was threatened by local armed groups and the National Directoate of Security and his home was searched several times.

For more information, please see:

Human Rights Watch – Afghanistan:  Overturn Death Sentence of Jailed Journalist – 1 February 2008

Los Angeles Times – Afghan Student Gets 20 Years Instead of Death for Blasphemy – 22 October 2008

Reuters – Afghan Journalist Gets 20 Years Jail for Blasphemy – 21 October 2008

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Two FBI agents were sent home after investigating the murder of journalist, Khim Sambo, and his 21 year-old son. Months after the death of Sambo and international pressure to solve the case, the United States offered the Cambodian government FBI assistance. However, the two FBI agents, who were helping Cambodian police on the case, pulled-out after 2 weeks of investigation.

The United States government was ambiguous on whether the withdraw was voluntary, but they felt the investigation was not going on the right track. Human rights organizations say the FBI agent’s departure is a negative development in efforts to solve Khim Sambo’s case. John Johnson, the Public Affairs Officer at the US Embassy in Phnom Penh, says he’s aware of human rights groups’ concern of police cover-up.

Sambo and his son were killed back in July. They were on their way back from working-out at an Olympic stadium in central Phnom Penh when a man riding on the back of a motorcycle fired upon them numerous times. Sambo died at the scene and his son died in the hospital the next day.

Brad Adams, the director of the Asia department at Human Rights Watch, said, “As in previous pre-election periods, this killing appears to be intended to send a message not to engage in opposition politics.”

Sambo had been a reporter for the Khmer Conscience, a newspaper affiliated with the opposition Sam Rainsy Party (SRP). Most other media in the country is dominated and controlled by the government or ruling party, Cambodian People’s Party (CPP).  Khim Sambo was known for writing about corruption and nepotism in the CPP. Less than two weeks leading up to Sambo’s death, he was reporting on national police chief, Hok Lundy. Sambo described Lundy as “one of the country’s most dangerous men.” According to Sambo’s report, Lundy allegedly went to a casino in Bavat and threatened to arrest the staff when they refused to lend him more credit after he lost his money.

Sambo’s investigation seems to be stalling. People close to the journalist, who may have information about the murder, have said that they are too afraid to speak to the investigators because they suspect police are involved.

The Press Freedom Organization added a call on the “US authorities to quickly publish the findings of the FBI agents who spent more than two weeks working with the Cambodian investigators on this case.” But the US government has not commented on the return of the FBI agents saying that it is an ongoing investigation.
For more information, please see:

Australia Broadcasting Corporation – FBI Continues to Investigate – 17 October 2008

Reports Without Borders – Who Masterminded Journalist Khim Sambo’s Murder? FBI Pulls Out of Investigation After Press Revelations – 15 October 2008

Human Rights Watch – Cambodia: Murder of Journalist Jolts Run-Up to Election– 16 July 2008

By Ariel Lin
Impunity Watch Reporter, Asia

YONGANG, Myanmar – U.N. Secretary General Ban Ki-moon called on Myanmar’s Government and opposition to increase dialogue in his latest report to the General Assembly.  The report covers Myanmar’s development between 23 October 2007 and 5 September 2008, when the junta faced global condemnation for its crackdown on the biggest opposition protests in almost 20 years.   It also highlights UN envoy Ibrahim Gambari failure to meet with Suu Kyi or win concessions from the regime when he visited Myanmar in August.

In the report, Ban said “it remains a source of frustration that meaningful steps have yet to be taken by the Myanmar authorities in response to the concerns and expectations of the United Nations and the international community.” The main U.N. demands have been for the junta to release political prisoners, including Aung San Suu Kyi, and start a serious dialogue with the opposition.  However, it is unfortunate that specific suggestions of the United Nations to improve the credibility and inclusiveness of the political process have thus far not been taken up by the government.  Ban continued, “It is unfoHe urges all countries aiming for a solution in Myanmar to “work constructively together” in support of the UN’s efforts.

Myanmar Junta announced it had overwhelming public support in a May on an army-drafted constitution referendum, which was part of a process meant to culminate in multiparty elections in 2010 and end a nearly 20-year political stalemate.  However, Western countries have condemned the referendum as a sham.  Myanmar appointed a liaison officer to meet with the opposition leader Suu Kyi five times between November and January. The talks, the first since 2003, then stopped.  The UN also remains concerned about ongoing reports of armed conflict, associated human rights abuses, and humanitarian problems in ethnic minority areas, particularly in Kayin and Kayah states.

For more information, please see:

Bloomberg – Myanmar’s Failure to Talk With Suu Kyi Frustrates UN, Ban Says – 21 October 2008

Reuters – U.N.’s Ban frustrated by Myanmar inaction – 20 October 2008

UN News Centre- Enhanced dialogue among all parties vital for Myanmar’s political future – 20 October 2008

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BISHKEK, Kyrgyzstan – Human Rights Watch (HRW) has called on the Kyrgyzstan government to protect lesbians, transgender men, and bisexual women from violence.  According to HRW, lesbians, transgender men, and bisexual women face violent abuse, including rape, from family members as well as strangers on the street.

The HRW report documents beatings, forced marriages, psychological and physical abuse endured by the lesbian, transgender men, and bisexual women communities.  “No one should have to confront brutality or danger because of who they are or whom they love,” said Boris Dittrich, advocacy director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at HRW.

The violence in Kyrgyzstan occurs with impunity as the government refuses to protect lesbians, transgender men, and bisexual men while allowing the atmosphere of prejudice to continue.  There is a pervasive social prejudice that leaves victims little hope that the government will protect them.  In some instances, the police participate in the abuse and harass organizations that attempt to protect possible victims.  Dittrich stated, “It is time for the government to protect these communities instead of denying they exist.”

The government has also ignored addressing the issues of sexual orientation and gender identity. In one case, an official actually endorsed hate and violence. Three years ago, a Ministry of Interior official said of lesbians and gay men at a human rights roundtable, “I would also beat them. Let’s say I walk in a park with my son. And there are two guys walking holding each other’s hands. I would beat them up too.”

Several persons interviewed by HRW recounted their past violent experiences.  One lesbian told how, when she was 15, her girlfriend’s brothers raped her brutally, saying, “This is your punishment for being this way and hanging around our sister.”  Another woman told of an acquaintance that locked her in a room and allowed several men to rape her. The men promised the acquaintance “that they would help her to ‘cure’ me of being a lesbian,” she said.  Another woman told HRW, “One time, these men on the street thought that I was a gay man and wanted to beat me up. I didn’t know which would be better, to say I was [a gay man] or to say, no I’m a lesbian. So I ran. They chased me and I just managed to get inside [my apartment], but they beat at the door for hours.”

For more information, please see:

Human Rights Watch – Kyrgyzstan: Protect Lesbians and Transgender Men From Abuse – 6 October 2008

Human Rights Watch – These Everyday Humiliations: Violence Against Lesbians, Bisexual Women, and Transgender Men in Kyrgyzstan – October 2008

United Press International- Kyrgyzstan Faulted for Human Rights Abuse – 6 October 2008