By: Brian Kim
Impunity Watch Reporter, Asia 

TAIPEI, Taiwan – On May 24, 2017, Taiwan’s constitutional court ruled in favor of same-sex couples and declared that the couples have the legal right to marry. The first such ruling in Asia, the court struck down the Civil Code’s legal definition of marriage as being only between a man and a woman.

The court declared that the Civil Code’s definition of marriage violated articles of the constitution and allowed the legislatures two years to change existing marriage laws. If the body fails to pass a legislation in the next two years, the court wrote that the same-sex couples “shall be allowed to have their marriage registration effectuated to the authorities in charge of household registration.”

The court made its ruling in response to two petitions to review the existing law. One was brought by a longtime gay rights campaigner, Mr. Chi Chia-wei. Mr. Chi was in favor of changing the Civil Code’s definition of marriage. The other petition was brought by the city government of Taipei after being sued for rejecting same-sex couple’s marriage applications.

The decision was celebrated by many lesbian, gay, bisexual and transgender rights activists. Hundreds of supporters gathered to celebrate the decision in Taipei, the nation’s capital.

Democratic Progressive Party that overwhelmingly swept national elections last year supported this change and a bill to enforce the court’s ruling has been presented.

For more information, please see: 

Reuters – Taiwan court rules in favor of same-sex marriage, first in Asia – 24 May, 2017

NYT – Court Ruling Could Make Taiwan First Place in Asia to Legalize Gay Marriage – 24 May, 2017

Washington Post – Taiwan is set to become the first Asian country to legalize gay marriage – 24 May, 2017

By: Brian Kim
Impunity Watch Reporter, Asia 

BEIJING, China – Chinese human rights lawyer, Xie Yang was brought up on charges of subversion in 2015. Initially, Xie maintained his innocence.

In recent court proceedings, Xie then altered his statement and plead guilty to charges of subversion and disrupting a court order. Xie stated he was “brainwashed” in Hong Kong and South Korea to promote western constitutionalism in China. Xie appeared in a video where he stated he had not been mistreated in custody by Chinese officials.

Xie’s trial was said to be open by the Chinese government. However, Western journalists and diplomats were denied entry. Many friends and supporters of Xie Yang reported that his confessions during trial appeared rehearsed.

Since President Xi Jinping took office, his government warns against Western ideals and the threat these ideals can have on national security.  Cases dealing with “land grab victims” and proponents of democratic reform are considered highly sensitive to government authorities in China. Recently, Xie Yang and several human rights lawyers were put on trial dealing with these issues.

Amnesty International has stated that the Chinese government wanted to use Xie Yang’s trial “to discredit his lawyers and the Western media.” The United Nations requested that Chinese authorities release all activists and attorneys being held in custody who have been accused of defending basic rights of Chinese citizens.

Xie Yang’s attorney, Chen Jiangang, who represented him throughout trial was also taken into custody, according to sources close to Xie Yang.

For more information, please see: 

BBC – China human rights lawyer Xie Yang ‘admits being brainwashed’ – 8 May, 2017

NYT – In Reversal, Chinese Lawyer Confesses, and Rights Groups Denounce His Trial – 8, May 2017

Reuters – China begins trial of rights lawyer for ‘subversion of state power’ – 8 May, 2017

 

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

BANGKOK, Thailand – A Thai human rights lawyer appeared in court on May 3 where he was charged with 10 counts of royal defamation. If convicted, Prawet Prapanukul faces up to 150 years in prison. His case is the most number of charges for the crime brought against an individual in recent history.

Thailand’s strict lèse-majesté law makes it a crime to threaten, insult, or defame the king, queen, heir-apparent, or the regent, as enshrined in Article 112 of the country’s criminal code. There is no definition of what constitutes such an insult to the monarchy, and lèse-majesté complaints can be brought by anyone, against anyone, and are always required to be formally investigated by the police.

In addition to 10 counts of insulting the monarchy, Prawet is accused on three counts of breaking section 116 of Thailand’s criminal code, which covers sedition. Human Rights Watch has warned that the laws are being used by military authorities to curb the opposition.

It is still not known what Prawet might have written or said that led to his arrest and charges. A spokesperson for the military government declined to comment on the case. Thailand’s military seized power from an elected civilian government in a spring 2014 coup. Since the government was overthrown, the junta has detained hundreds of journalists, activists, and politicians for alleged protests and anti-junta activities.

It is unclear what will happen in Prawet’s case, but the Thai junta have made it clear that it is unaccepting of any acts in violation of Thailand’s lèse-majesté laws.

For more information, please see:

Al Jazeera – Thai lawyer faces 150 years in jail for royal insult – 4 May, 2017

The Telegraph – Thai rights lawyer faces up to 150 years in prison for royal insult – 4 May, 2017

Jurist – Thailand human rights lawyer charged for insulting royal family – 4 May, 2017

Asian Correspondent – Thailand: ‘Missing’ lawyer appears in court, faces 150 years’ jail for royal insult – 4 May, 2017

RT News – Top Thai human rights lawyer faces 150 years in prison for ‘royal insult’ – 4 May, 2017

BBC News – Thailand’s lese-majeste laws explained – 3 December, 2016

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

North Korea is once again hitting headlines in the international media, this time on a positive note. The autarkic country has invited a United Nations representative to visit and assess the rights of the disabled. U.N. special rapporteur Catalina Devandas-Aguilar will be visiting North Korea for six days to collect information on the conditions of disabled persons in the country.

Devandas-Aguilar spoke on her upcoming visit, saying that the visit represents an important opportunity to learn firsthand about the country’s realities, policies, programs, and laws regarding the rights of people with disabilities. Devandas-Aguilar is also concerned with the shortcomings and challenges disabled persons face in the country. The trip will take place between May 3 and May 8.

The visit also marks the first U.N. sponsored trip to North Korea since 2004, when the U.N. Commission on Human Rights sent an investigator to report on North Korea’s human rights situation. Devandas-Aguilar is scheduled to visit the state’s capital, Pyongyang, as well as South Hwanghae Province.

North Korea ratified the U.N. Convention on the Rights of Persons With Disabilities in December 2016.

Devandas-Aguilar plans to hold a press conference in Pyongyang at the end of her visit. Her official findings will be submitted to the United Nations next year.

For more information, please see:

Deutsche Welle – UN disabilities representative announces observer visit to North Korea – 27 April, 2017

Independent News – North Korea agrees to visit from UN human rights expert for first time – 27 April, 2017

Reuters – North Korea opens door a crack to welcome U.N. disability expert – 27 April, 2017

UPI News – U.N. disabilities rapporteur to make observation visit to North Korea – 27 April, 2017

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

Tensions are rising with North Korea as Kim Jong Un continues to threaten the United States. North Korea has actively begun a campaign to grow its nuclear weapons supply and develop means to convey those weapons further than has ever been possible for the autarkic country. Last week, the country put on a display of its power in a military parade through the capital. A few days later, the North Korean government tested its long-range missiles, which failed almost immediately.

This week, North Korea has stated it is “ready to sink” a U.S. aircraft carrier headed its way. The aircraft carrier was dispatched by President Donald Trump amid warnings that U.S. patience towards North Korea’s nuclear weapons program has come to an end.

Even more troublesome is the detention of a third U.S. citizen in North Korea. On April 21, 2017, Korean-American Tony Kim was detained as he attempted to leave the country. Kim had spent a month teaching an accounting course at the Pyongyang University of Science and Technology. His arrest is the third arrest of U.S. citizens trying to leave the country.

The human rights implications of North Korea’s actions are vast. It is unclear what conditions U.S. prisoners face in North Korea. Additionally, North Korea’s willingness to use nuclear weapons is a major national security concern for every nation on Earth. It is unclear what lies ahead, but it is clear that measures need to be taken to ease tensions between North Korea and the U.S.

For more information, please see:

Reuters – North Korea detains third U.S. citizen – 23 April, 2017

CNBC – North Korea reportedly detains US citizen as rhetoric, tensions ramp up – 23 April, 2017

Sydney Morning Herald – North Korean threats will leave alliance countries little choice – 24 April, 2017

BBC – North Korea ‘ready to sink’ US aircraft carrier Vinson – 23 April, 2017