PHNOM PENH, Cambodia – Jacques Verges, the lawyer for Khieu Samphan, has said that his client will no longer cooperate with the Khmer Rouge Tribunalbecause thousands of pages of evidence had yet to be translated to French. Jacques Verges stated that without the translation, he is unable to effectively defend his client. The court documents are in English only thus far.

Tribunal co-investigating judge Marcel Lemonde told AFP that other suspects have invoked their right to “remain silent at every stage of the proceedings.” However, Marcel Lemonde said that it would not delay the court’s investigation into the crimes. In an email, he said, “We have to organize the investigation differently, that’s it.”

Jacques Verges has been nicknamed “devil’s advocate” because of his past work defending the world’s most notorious criminals. During his legal career, he has defended Nazi war criminal Klaus Barbie and Ilich Ramirez Sanchez, also known as Carlos the Jackal.

For more information, please see:

AFP – Khmer Rouge Leader Halts Cambodian Genocide Court Cooperation: Report – 20 February 2008

ISLAMABAD, Pakistan- Pakistan held parliamentary elections on Monday in what was called a free and fair process by the media and the international community.  The Pakistan People’s Party (formerly led byBenazir Bhutto) won the most parliamentary seats with 86, and Nawaz Sharif’s party came in as a strong second with 65.

President Pervez Musharraf‘s party won the least amount of seats with 37.  This loss shows that voters no longer believe in the party’s policies and raises doubts over whether or not Musharraf will be able to maintain power for much longer.

Although some critics have doubts over whether they will be able to reach an agreement, the opposition parties have stated that they will form a coalition government.  As it won the most seats, the Pakistan People’s Party will choose the new prime minister.  Benazir Bhutto‘s widower, Asif Ali Zardari, who is now leading the party, has said he will not accept the position and instead his party will pick another MP.

President Musharraf has accepted his party’s defeat and has called for reconciliation amongst the parties.  He has rejected any suggestion that he should step down as President.  As this was a parliamentary election it does not effect the President’s position; however if the parliament reached a two-thirds majority decision, it could remove Musharraf from office in the future.

For more information, please see:

BBC News – Bhutto widower ‘rejects PM role’ – 20 February 2008

Reuters – Musharraf urged to go as rivals win Pakistan poll – 19 February 2008

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – A former laid-off factory worker, Yang Chunlin was involved with farmers outside Jiamusi demanding redress for farmland taken from them by officials for development. He collected more than 10,000 signatures for his petition against illegal land seizures by officials and writing essays denouncing official wrongdoings.  To rally support, he posted the petition on the Internet with the title: “We want human rights, not the Olympics.”

Yang was arrested in July 2007 for charges of “inciting subversion against state power.” In recent months, Human Rights Watch has documented the use of similar charges against six other dissidents and activists, indicating a trend of suppressing speech in advance of the August 2008 Beijing Olympic Games.

According to Yang’s family, in eight months in detention, Yang has been given little contact with his lawyer and family.  He was tortured by being shackled to an iron bed for a long period of time while in detention awaiting trial.  Police were accused of intimidating his relatives and threatening his lawyers prior to the trial.  However, Human Rights Watch said it was unable to verify the claim but also said the use of the so-called shackle boards or “disciplinary beds” was well documented in Chinese prisons.

The case was originally scheduled to take place behind closed doors.  But the Intermediate Court decided to open the trial to the public mainly due to Chinese government’s fear of bad publicity related to the Olympics.  Human Rights Watch repeatedly reported, grave and uncorrected procedural violations throughout Yang’s case that amounted to a denial of due process.  Those included serious allegation of torture and the court’s refusal of investigation, denial of access to his defense lawyer, police intimidation against relatives, and threats made against the defense lawyers.

The trial of Yang on February 19 lasted less than a day.  About 30 to 40 people attended the trial, including members of Yang’s family.  Yang appeared at the court hearing with his hands and feet shackled.  After his lawyers protested, Yang was unshackled but then made to sit with his legs tied to a metal chair.  Yang and his lawyer pleaded not guilty.  A verdict is expected in the coming weeks.

For more information, please see:

Human Rights Watch – China: Olympic Activist Deprived of Due Process – 19 February 2008

The International Herald Tribune – Chinese land rights activist who opposed Olympics goes on trial – 19 February 2008

AFP – Activist who spoke out against Olympics stands trial – 19 February 2008

Associated Press – China Land Rights Activist Goes on Trial – 19 February 2008

PHNOM PENH, Cambodia – Sam Bith, former Khmer Rouge guerilla, died on Saturday at the age of 74 while serving a life sentence for abducting and murdering three Western backpackers 14 years ago. According to his wife, Sam Bith was suffering from high blood pressure and diabetes.

Sam Bith was a Khmer Rouge commander in southwestern Cambodia when a train carrying the backpackers was ambushed. Nearly a dozen Cambodians died during the incident. The three backpackers, Australian David Wilson, Briton Mark Slater, and Frenchmen Jean-Michael Braquet, were then abducted and held for three months.

The Khmer Rouge Tribunal did not charge Sam Bith because the court’s jurisdiction was limited to crimes between 1974-1979 when Cambodia was controlled by the regime.

For more information, please see:

International Herald Tribune – Former Khmer Rouge Commander Dies While Serving Life Sentence for Foreigners’ Murders – 16 February 2008

The Jurist – Former Khmer Rouge Commander Dies While Serving Cambodia Life Sentence – 16 February 2008

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

KATHMUNDU, Nepal – UN Commissioner for Human Rights Loise Arbour criticized the culture of impunity in Nepal after the country failed to prosecute killers of a 15-year Nepalese national, Maina Sunuwar. In 2004, Maina Sunuwar was killed after being tortured and raped under army custody.

Government officials said that the army took disciplinary action against the responsible officers through a court marital and brief imprisonment. However, human rights officers have criticized the punishment as insufficient and demanded a civilian trial.

Arbour commented, “[The Maina case] presents a significant opportunity for the government of Nepal to send a signal that the culture of impunity is ending. The successful prosecution of those responsible for her murder will strengthen the rule of law and uphold victims’ rights to a remedy.”

The culture of impunity in Nepal can detrimentally affect the stability of the country. The country has undergone a decade long conflict between the government and Maoists in the region. Arbour added, “Lack of accountability in this and numerous other cases is helping to perpetuate a culture of impunity in Nepal. And there is a danger this could become a barrier to achieving lasting peace.”

The government and Maoists rebels have set April 20^th for the national assembly. The assembly is expected to prepare a new constitution and formally end the 240 year old monarchy. The April vote is central to the peace agreement with Maoists because it would admit the former rebels as part of the political mainstream.

However, three ethnic groups from the southern plains of Nepal have threatened to boycott the April vote unless the region is given autonomy. Nearly 26 million Madheshis, almost half of the nation, live in the region. The Madheshis want to become a largely autonomous state and want more power in the central government.

For more information, please see:

Reuters India –Ethnic Groups Threaten to Boycott Nepal Polls – 18 February 2008

The Times of India – End Culture of Impunity in Nepal: UN – 17 February 2008

United Press International – Nepalese Impunity Could Affect Security – 18 February 2008