By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – According to the U.S. based rights group China Aid Association, house church leader Zhang Mingxuan’s two sons were brutally beaten by up to 15 officers of China’s Public Security Bureau.  Zhang’s oldest son, Zhang Jian, was “severely beaten” unconscious when police raided the family’s home in Beijing.  The injuries were serious, and he may lose sight in his right eye.  A younger son was also beaten, China Aid Association added.  The family was evicted from their apartment, and Pastor Zhang was detained in Kunming city, southwest China.

U.S. State Department Deputy Spokesman Robert Wood called on “the government of China to immediately release Pastor Zhang and permit his family members to return home, to condemn the violent acts committed against his sons, and to bring to justice those individuals responsible for such acts.”

However, Chinese government called remarks by the United States, regarding religious intimidation of Pastor Zhang, “groundless” and “irresponsible.”  Jiang Yu, spokeswoman of the Chinese Foreign Ministry said, “We encourage the U.S. to pay more attention to its own human rights problems, instead of viewing itself as a human rights bodyguard interfering in other country’s internal affairs.”  Jiang also said that Chinese citizens enjoy religious freedoms, but nobody can use religion as an excuse to commit crimes.

Zhang Mingxuan was nicknamed Pastor Bike for having traveled China by bicycle to distribute Bibles and preach the Christian gospel. Chinese officials have harassed members of the house church where Zhang Mingxuan preaches in the past. “During the past 22 years,” said China Aid Association, “Pastor Zhang has been arrested 26 times, beaten and evicted from his home numerous times for his faith.”

For more information, please see:

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

Reuters – U.S. condemns beating of sons of Chinese pastor – 23 October 2008

Voice of America – Religious Repression In China – 28 October 2008

XinHua – China refutes U.S. remarks on religious beating – 25 October 2008

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – Myanmar’s military junta claims its recent release of several political detainees and about 9,000 other prisoners marks the dawn of a new political era and another milestone in its roadmap to “disciplined democracy”. At least four other prominent former members of the NLD were also released. The mass release of prisoners has come as a surprise to diplomats and residents in Yangon.

Win Min, the country’s longest serving political prisoner and a veteran journalist and political activist, among those freed last week, says that the release probably signals the start of Junta’s preparations for the national elections in 2010.  The mass release of prisoners has come as a surprise to diplomats and residents in Yangon.  Suu Kyi, however, remains under house arrest in the Yangon residence where she has spent more than 13 of the last 19 years, with no sign she will be freed any time soon.

However, according to Human Rights Watch, repression in Burma has increased since the ruling military government crushed pro-democracy protests a year ago.  A report released by Human Rights Watch last week, says some 2,100 political prisoners are in Myanmar’s jails while “pseudo-political reforms” go on.  It also accuses the international community of failing to demand real reform and accountability from Myanmar’s military junta.

The crackdown that began on September 26, 2007, was a brutal response to growing protests in Myanmar.  Buddhist monks in Rangoon, Mandalay, and other towns across Myanmar staged peaceful marches to protest government policies and poor living standards.  “Last September, the Burmese people courageously challenged their military rulers, and they were answered with violence and contempt,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The repression continues. While a handful of political activists have been released, more are being arrested and thousands remain in prison.”

The group acknowledges that seven political activists were among thousands of prisoners recently released by Burmese authorities.  But it says about 39 political activists were arrested in August and September alone.  It also says the authorities have done nothing to bring justice to the perpetrators of extra-judicial killings, arbitrary arrests and torture during last year’s crackdown.

For more information, please see:

Asia Times – False dawn in Myanmar – 27 September 2008

BBC – Burmese gloom one year after protests – 25 September 2008

BBC – No progress in Burma, says group – 25 September 2008

Human Rights Watch – Burma: One Year After Violent Crackdown, Repression Continues – 26 September 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan – Pervez Musharraf resigned the Pakistani presidency on August 18, 2008 under the pressure of impeachment from the coalition government and is now in the midst of facing charges, including treason and various human rights violations.  In May 2008, Human Rights Watch reported that human rights concerns in Pakistan included “arbitrary detention (including of lawyers and human rights defenders); lack of fair trials; mistreatment, torture and enforced disappearances of terrorism suspects and political opponents; harassment, intimidation and censorship of the media; violence against women; and discrimination against religious minorities. Since November 2007, the Government has severely interfered with democratic institutions and dissolved the independent judiciary.”

“A failure to hold Musharraf and the army responsible will only result in those abuses continuing and hamper Pakistan’s development into a full democracy,” said Ali Dayan Hasan of Human Rights Watch.

Musharraf is currently facing two criminal charges:  murder and treason.  Khalid Kwaja petitioned the Islamabad High Court to try Musharraf for the murder of rebel leader, Nawaz Akbar Bugti, which occurred at the army assault on the Red Mosque which occurred in 2006. Bugti’s death occurred while hiding out in a cave that collapsed during the assault.  A former judge stated that it is improbable that he will be convicted for this crime since he does not bear direct responsibility.

If convicted of treason, Musharraf would face serious consequences.  Musharraf himself has acknowledged that he violated the constitution by imposing a state of emergency in order to remove judges from the Supreme Court, who were in the process of ruling if he could legally serve another five year presidential term.  If convicted, he faces a maximum penalty of death.

Musharraf may also face charges for the enforced disappearance of hundreds of terrorist suspects.

For more information, please see:

Human Rights Watch – Universal Periodic Review of Pakistan:  Human Rights Watch’s Submission to the Human Rights Commission – 5 March 2008

MSNBC – Musharraf Unwinds with Tennis After Resigning; Much Speculation on Whether Ex-President Will Face Treason, Other Charges – 20 August 2008

Unrepresented Nations and Peoples Organization – Balochistan:  The Case Against Musharraf – 22 September 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MANILA, Philippines – The Commission on Human Rights (CHR) was reportedly denied agency visitation rights at Fort Bonifacio by the Armed Forces of the Philippines (AFP) last week.  Their visitation, including lawmakers from the House of Representatives, was spawned by complaints by detained soldiers of their cell conditions.

CHR Chairperson Leila De Lima said Lieutenant Colonel Iluminado Lumakad, commanding officer of the Philippine Marine Corps Headquarters Battalion, refused to allow the CHR team to visit detained marine officers who plotted against the government in 2006.  Lima asserted that the CHR has a constitutional mandate that grants them visitation rights.

“The AFP has a lot of explaining to do. They do not have any authority in any capacity to prevent the CHR from conducting jail visitations. We need not have clearance from the higher ups just so we could visit detention cells throughout the country. Our constitutional mandate is clearly stated and that is what matters most,” De Lima said in her letter to Chief Alexander Yano of the AFP last week.

Lima and the CHR believes that it is important to allow for unannounced visits to detention centers in order to ensure conditions are humane and most importantly, to curb torture.  Lima told a news conference in Manila on Tuesday that CHR has documented more than 300 cases of torture since 2005.  Moreover, she stated that torture is prevalent in ordinary precincts and police stations, and even ordinary civilians who were arrested or detained arbitrarily by army or police forces were beaten, electrically shocked, burned with cigarettes, or suffocated with plastic bags.

Although the Philippines has signed on to the Optional Protocol to the Convention Against Torture (OPCAT) in April, the protocol has yet to be ratified in the Republic’s Senate.  In the mean time, the government seeks a three to five year deferment on its implementation.  Executive Secretary Eduardo Ermita states that the government wishes to conform to United Nations standards by improving jail facilities and prison conditions.  Ermita said that regardless of whether the OPCAT was ratified, the government “wholeheartedly join[s] [their] colleagues in the community of nations in denouncing torture and other cruel, inhuman and degrading treatment or punishment.”

Philippine jails are overcrowded, face regular outbreaks of diseases and needs to focus on the rehabilitation and reintegration of an inmate.  Waiting to enforce the OPCAT would allow enough time to address these issues.

For more information, please see:

GMANews.TV – RP Seeks 5 Year Exemption From Anti-Torture Protocol – 23 September 2008

INQUIRER.net – CHR Accuses Military of Denying Right to Visit Jailed Troops – 23 September 2008

Reuters – Torture Prevalent in Philippines – Rights Body – 23 September 2008