By Kristy Tridhavee
Impunity Watch Senior Desk Officer,Asia

DHAKA, Bangladesh – Bangladesh war veterans and intellectuals released a list of 1,597 war criminals, alleging the persons on it committed war crimes which include rape, arson, and mass murder. In explaining the release of the list, M.A. Hasan, a member of the War Crimes Fact Finding Committee, said “We have prepared the list not to take revenge but to break the silence of impunity.”

The list names about 400 Pakistani army personnel, and about 1,100 Bangladeshi collaborators. The war veterans included Pakistanis like Yahya Khan, president of Pakistan during the war, General Tikka Khan, commander of the Pakistani army at the time, and Lieutenant General Ameer Abdullah Khan Niazi, who signed the surrender agreement. A prominent Bangladeshi listed is the head to the Jamaat-e-Islami party, Matiur Rahman Nizami.

The crimes took place during the 1971’s independence from Pakistan. For decades, war veterans have alleged that their fellow countrymen and members of the opposition are responsible for thousands of deaths. The list was created after 17 years of investigation based specifically on field work, mass grave sites, and eyewitness statements.

War veterans and intellectuals are calling for a prosecutions of those listed or at least a truth commission resembling the one set up for post-apartheid South Africa.

The calls for war trials has re-erupted recently because Bangladesh has been under emergency power since early 2007. The government has promised to reinstate a democracy in late 2008. The emergency government is presently attempting to clean-up the corrupt political system. War veterans believe that the war crimes are even more important now because of the up and coming elections. M.A. Hasan said, “We will give this list to the government and the election commission. Our demand to the government is that those perpetrators should be punished and disqualified from the next election.”

For more information, please see:

AFP – Bangladesh Group List of Alleged War Criminals– 4 April 2008

The Daily Star – List of 1,597 War Criminals Released – 4 April 2008

The Hindu News Update – Yahya Khan Names “War Criminal” by Bangladesh Group – 4 April 2008

Impunity Watch – Bangladesh Contemplates War Trials – 22 March 2008

PHNOM PENH, Cambodia – The Khmer Rouge Tribunal received an additional $459,000 in funds from Australia. The tribunal, however, is still in need of an additional $114 million to ensure the proceedings can go on. Senior minister Sok An expressed his confidence in additional contributions, “We will have no problem with the financial support.” The Khmer Rouge Tribunal’s original budget was $50 million over three years, but because of delays, the tribunal is expected to continue past 2011.

For more information, please see:

Radio Free Australia – Australia Injects Funds into Cambodia Trial – 3 April 2008

Reuters – Cambodia Says Khmer Rouge Court Funds “No Problem” – 3 April 2008

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

MANILA, Philippines – The European Commission has acknowledged that the number of extrajudicial killings have decreased and more cases are prosecuted, but at the same time, there have been no convictions. Human Rights Watch [HRW] asks that the United Nations should review the Philippine’s government’s failure to hold responsible parties accountable.

The European Union and the Philippine government have pledged to create the EU Justice Assistance Mission [EUJAM], which will help strengthen the country’s criminal justice system. The 18-month program will help build ties between the criminal justice institutions, civil society, and independent agencies like the Commission on Human Rights and the Office of Ombudsman.

The European Commission head of delegation, Alistair MacDonald, said, “We will provide the Philippine government technical assistance in conducting investigation, forensics, training for the judiciary, the Commission on Human Rights and we will even coordinate with members of the civil society.”

For the last 7 years, nearly a thousand members of the left-wing political parties, activists, journalists, and clergy have gone missing or been killed. The UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, Philippine human rights groups, and HRW all have strong evidence of military involvement in the disappearances and murders.

The Philippine government has said that it is a priority to address the extrajudicial killings and disappearances by bringing the perpetrators to justice and prevent future killings. The government also reported that the number of killings had dropped significantly in 2007.

Elaine Pearson, deputy Asia director at HRW, pointed out that the drop in killings is only one improvement. She said, “A pause in political killings will mean little in the long run unless those responsible are prosecuted. Of the hundreds of political killings since 2001, not a single military official has been convicted.”

For more information, please see:

HRW – Philippines: Justice Absent in Killings and ‘Disappearances’ – 27 March 2008

The Inquirer – ‘More Prosecutions but No Convictions on Extrajudicial Slays’ – 4 April 2008

The Manila Times – EU, Philippines to Work on Extrajudicial Killings – 5 April 2008

BEIJING, China – A Chinese court has sentenced Hu Jia, Chinese dissident and activist, to jail for 3.5 years for “inciting subversion of state power.” The official Chinese news agency, Xinhua, reported that Hu Jia made a confession, which lead to the court to give a relatively light sentence.

Hu Jia is a prominent human rights activist and dissident that has openly criticized the Chinese government. Recently he wrote: “Is China improving its human rights record? When you come to the Olympic Games in Beijing, you will see skyscrapers, spacious streets, modern stadiums and enthusiastic people. Please be aware that the Olympic Games will be held in a country where there are no elections, no freedom of religion, no independent courts, no independent trade unions; where demonstrations and strikes are prohibited.”

Dozens of supporters stood outside the courthouse when the sentence was announced. Li Hai, a supporter, commented, “Hu Jia is a hero to us because he stood up to speak out, so we should also speak out.”

For more information, please see:

Impunity Watch – Chinese Dissidents Detained and to Stand Trial for Criticisms– 10 March 2008

Impunity Watch – UPDATE: Human Rights Watch Calls Hu Jia’s Trial a “Sham” –18 March 2008

International Herald Tribune – Chinese Civil Rights Activist, Hu Jia, Sentenced to Prison – 3 April 2008

PESHAWAR, Pakistan – New Pakistani Prime Minister, Yousaf Raza Gillani, and his government announced on April 1st that they are developing a plan to replace the Frontier Crimes Regulations (FCR) in the Federally Administered Tribal Areas (FATA) along the border with Afghanistan.  The current FCR has been in place since 1901, and has long been criticized for violating human rights and keeping the FATA from developing.

The FCR is a colonial-era legal regime the British used to attempt to control strong Pashtun opposition in the area.  It keeps residents of the area from participating in politics and instead grants authority to a local administrator called a Political Agent.  Further, the FCR establishes a collective responsibility system, meaning that an entire community is held responsible for the actions of one person.

Many people living in the FATA want the FCR abolished, but they have concerns over what will replace it.  Some would prefer Islamic laws while others want the area absorbed into Pakistan’s national legal structure.  Either way, implementation of the new laws once enacted will be difficult; Taleban and Al Qaeda efforts in the area have eroded any current governing structures and the groups will likely continue to fight maintain control.  Insecurity and war ravage the area.

Gillani announced that his goal is to bring “economic, social, and political reforms” to the tribal areas to prevent the further spread of terrorism.  His new government has formed a four-person parliamentary committee that will be determine how to replace the FCR.

For more information, please see:

Radio Free Europe – Pakistan: New Government Announces Major Reforms in Tribal Areas – 3 April 2008