By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan – U.S. and NATO air strikes in Afghanistan have increased civilian casualties, nearly tripling the number of deaths from 2006 to 2007.  Although deaths have decreased this year, current air strikes undermine international protection efforts in Afghanistan.  These include the July 6, 2008 helicopter attack on two civilian vehicles that claimed 22 lives and the August 22, 2008 bombing in Azizabad.

“Rapid response air strikes have meant higher civilian casualties, while every bomb dropped in populated areas amplifies the chance of a mistake,” said Brad Adams, Asia director at Human Rights Watch. “Mistakes by the U.S. and NATO have dramatically decreased public support for the Afghan government and the presence of international forces providing security to Afghans.”

Human Rights Watch reported on the use of air strikes by U.S. and NATO forces and its effect on civilians casualties during situations of lack of ground support and emergency, here.  It is reported that few civilian deaths resulted from planned strikes while all deaths occur from unplanned strikes.  The report also found that the Taliban often deployed their troops in populated villages in order for civilians to act as shield from counterattacks, in violation of the laws of war.

In July 2007, in response to the high level of civilian casualties, the International Security Assistance Force declared targeting tactic changes.  Employing smaller munitions, delaying attacks where civilians might be harmed, and turning over house-to-house searches to the Afghan National Army are among these changes.  Despite evidence that there was a reduction in the civilian death toll, civilian deaths still increased on account of air strikes just this past summer.  “The recent air strikes killing dozens of Afghans make clear that the system is still broken and that civilians continue to pay the ultimate price,” said Adams. “Civilian deaths from air strikes act as a recruiting tool for the Taliban and risk fatally undermining the international effort to provide basic security to the people of Afghanistan.”

For more information, please see:

Asia Times Online – Civilians Ravaged by US-NATO Bombs – 12 September 2008

CNN – Afghanistan:  Airstrikes Kill Civilians – 05 July 2008

Human Rights Watch – Afghanistan:  Civilian Deaths from Airstrikes – 08 September 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The Tamils or Tamil Tigers, who make up the minority population have rebelled against the majority Sinhalese since 1983.  The rebels have desired to secede from Sri Lanka due to the marginalization of the government controlled by the Sinhalese.  Since then, 70,000 people have reportedly been killed because of the fighting.

Last week, the Sri Lankan military attacked the Tigers in an effort to regain the rebel controlled territory, primarily in the north and eastern parts of the country.  The government’s military offensive included air strikes, helicopter attacks and ground assaults.  Fighter aircraft attacked a Tiger intelligence center in the north in response to a Tiger air raid of a military base.  As a result, a reported 47 rebels were killed and 13 military soldiers were dead or missing.

Just in this past week, thousands of civilians were forced to flee their homes.  According to Amnesty International, approximately one third are living in open air with no shelter.  Many cannot receive food, tents or other goods due to restrictions on what passes through rebel territory.  The rebels have also restricted the movement of civilians out of the territory.  The government has even held civilians in de facto detention centers, not allowing them to leave except for food.

“Both sides to this long conflict have again shown that they will jeopardize the lives of thousands of ordinary people in the pursuit of military objectives,” said Yolanda Foster. “In the absence of independent international monitors, Sri Lankan civilians lack protection and remain at the mercy of two forces with long records of abuse.”

The UN Secretary General stated that the conflict had “grave humanitarian consequences for civilians”.  Moreover, “he reminds all concerned of their responsibility to take active steps to ensure the safety and freedom of movement of civilians, allowing humanitarian organizations to do their work in safety, as well as to reach persons affected by the fighting who need humanitarian assistance,” a statement said.

For more information, please see:

Amnesty International – Sri Lanka:  Liberation Tigers of Tamil Eelam (LTTE) and Government endangering tens of thousands of lives – 14 August 2008

Asia Times Online – Civilians Caught in Sri Lanka’s ‘Clean War’ – 11 September 2008

BBC – Sri Lanka Jets Bomb ‘Rebel Base’ – 10 September 2008

USA Today – Sri Lankan Military:  47 Tamil Tiger Fighters Killed in Fighting – 03 September 2008

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BANGKOK, Thailand – Sulak Sivaraksa, a prominent intellectual, was arrested on a charge of insulting the Thai monarchy.  The offense may lead to a 15 year sentence for the 75 year old intellectual.

Sivaraksa was arrested for remarks he made in December last year to mark International Human Rights Day. Sivaraksa’s lawyer would not quote the passages from the speech on philosophy, society, and human rights.  However, reports indicate that the speech was broadly critical of government spending on the lavish 2006 celebrations for King Bhumibol Adulyadej’s Golden Jubilee. Sivaraksa’s lawyer stated that Sivaraksa considered his critical remarks to be an effort to protect the monarchy.

Although almost all Thais revere the monarchy and admire the king, the specific charge of lese majeste is often used for political purposes.  The timing of Sivaraksa’s arrest comes amid a struggle between the royalist, military “old guard,” represented loosely by the People’s Alliance for Democracy (PAD) street campaign, and forces loyal to former Prime Minister Thaksin Shinawatra.  Although the monarchy is considered to “be in the middle and working in every field,” Queen Sirikit’s recent attendance at the funeral of a PAD protester killed in clashes has led many to believe the monarchy supports the campaign to oust the elected government.

“The more clear it becomes that the monarchy is caught up in politics, the more they are attempting to clamp down on local and international discussion of this role.  It seems that the authorities are trying to keep a lid on discussion of this political role,” said Thailand researcher Andrew Walker of Australian National University in Canberra.

The Thai police are presently investigating 30 other similar cases.  One includes an Australian writer, who is presently in jail, awaiting formal charges for allegedly inappropriate passages in a novel.

Sivaraksa was educated in Britain and has been associated with reformist movements since the 1960’s.  During the 1960’s he was a mentor to students who took part in an uprising against military dictatorship in 1973.  He fled abroad after a right-wing counterrevolution in 1976, the first of several periods he spent in exile.

For more information, please see:

AP – Thai Intellectual Arrested on Anti-Monarchy Charge – 7 November 2008

Bangkok Post – Sulak Arrested – 8 November 2008

Reuters – Arrest of Thai Academic Raises Free Speech Fears – 7 November 2008

By Ariel Lin
Impunity Watch Report, Asia Desk

YANGON, Myanmar – Two men and a woman were injured in a bus explosion at a busy intersection in Myanmar’s main city Yangon, state media reported. “The rear roof of the bus was blown off,” the official New Light of Myanmar newspaper said, adding that there was a foot-wide hole near the seat where the explosion occurred.  However, the paper did not mention whether a bomb caused the blast but said officials were investigating.

Myanmar’s military rulers on Sunday accused two members of Aung San Suu Kyi’s National League for Democracy (NLD) of bombing a pro-junta Union Solidarity and Development Association office in July.  Khin Yee, the national police chief said officers had seized bomb-making equipment from two members of the National League of Democracy party.  NLD youth members Yan Shwe and Zaw Zaw Aung were arrested along with human rights activists and former NLD member Myint Aye, who is accused of funding them.  Khin Yee also told reporters at a press conference, according to the information the national police have received, some NLD members were involved in attending training sessions for bombing… and possessing destructive tools such as gun-powder and detonators.  This is the first time the junta has accused members of the pro-democracy party of being involved in a bombing.

The junta also denied that detained opposition leader Aung San Suu Kyi is on a hunger strike. “At the request of Daw Suu Kyi, arrangements were made for her lawyer to visit her three times and her doctor once. The information we heard from them did not indicate that Daw Suu Kyi was going on hunger strike,” Khin Yee told a news conference.  Aung San Suu Kyi’s National League of Democracy (NLD) party reported on Friday that she had been refusing those food supplies for the past three weeks in protest against her detention and restrictions on visitors.

For more information, pleas see:

AFP – Three injured in a bus explosion in Myanmar – 10 September 2008

AFP – Myanmar police chief denies Suu Kyi hunger strike – 07 September 2008

Daily Times – Myanmar accuses Suu Kyi’s party over bombing – 08 September 2008

International Herald Tribune – Report: Myanmar explosion injures 3 – 10 September 2008

International Herald Tribune – Myanmar police: ringleaders of bomb plot arrested – 07 September 2008

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Som Southevy, a 68 year old trans-gender woman, has come forth to tell her story of sexual abuse she suffered under the Khmer Rouge regime.

The Khmer Rouge was a communist regime that came to power in Cambodia from 1975-1979. Led by Pol Pot, the regime conducted mass killings and tortures where about two million lives were lost. Even though there are well documented accounts of brutality in the forms of torture, murder, and execution during the regime, victims are generally silent about sexual abuse because it has not been culturally accepted for women to report rape.

Southevy is the first to file a sexual abuse complaint in the ongoing Khmer Rouge tribunal. Under the Khmer Rouge regime, Southevy told the press that she was incarcerated for acting like a woman. Southevy was forced to wear men’s clothing and cut her hair. During detention, she was sexually assaulted and repeatedly raped by Khmer Rouge officials.

Later, Southevy was forced to marry a woman. Forced marriages were common during the regime.

Southevy recalls that she was not the only trans-gender woman accused of “moral crimes”. Many trans-gender victims did not survive the regime.

Southevy has applied to be a civil party during the tribunals. Civil parties can access information and actively participate during the trials. Tribunal officers hope that Southevy’s complaint will inspire others to come forward with their stories.

In August, former prison chief of the Khmer Rouge regime, Kaing Guek Eav a.k.a Duch, is on trial for charges of crimes against humanity and war crimes.

Duch was charged in July 2007. He is the prison chief to the infamous facility known as S-21 or Tuol Sleng, where about 15,000 prisoners were kept and subject to torture. Those who survived the systematic torture were sent for execution in the “killing fields”.

Duch is the first of five high ranking officials to stand trial. The other key officials of the Khmer Rouge are: Khmer Rouge’s second-in-command Nuon Chea, charged in September 2007 with war crimes and crimes against humanity; Khmer Rouge’s Foreign Minister Ieng Sary, charged in November 2007 with war crimes and crimes against humanity; Khmer Rouge’s Social Affairs Minister Ieng Thirith, charged in November 2007 with crimes against humanity; and Khmer Rouge’s Head of State Khieu Samphan, arrested in November 2007, yet to be charged.

The tribunal has been criticized for being slow, and there have been corruption allegations within the tribunal that has stalled the process of justice.

However, the formal indictment of Duch is a significant demonstration of progress in the Khmer Rouge tribunal. Moreover, the highly publicized judicial proceedings of the Khmer Rouge officials are not only significant to people like Southevy but also to human rights tribunals around the world.

For more information, please see:

IPS – Khmer Rouge Trials Bare Sexual Abuse – 8 September 2008

BBC – Khmer Rouge’s Duch set for trial – 12 August 2008

ECCC – The Court Report August 2008 – 20 August 2008