Asia

China Releases Activists as Xi Jinping’s U.S. Visit Approaches

By Christine Khamis

Impunity Watch Reporter, Asia

BEIJING, China –

Guo Yushan, a Chinese scholar who aided blind activist Chen Guangcheng in his 2012 house arrest escape, has been conditionally released by Chinese authorities. Mr. Guo was released along with a former colleague, He Zhengjun.

Mr. Guo. (Photo courtesy of the Economic Times)

Mr. Guo was the head of the Transition Institute, a Chinese research institution, before Beijing authorities shut it down in 2013. The organization was pro-democracy and researched social and economic issues in China. Mr. He was the Transition Institute’s administrator.

Li Jin, Mr. Guo’s lawyer, has confirmed that Mr. Guo was released on bail on Tuesday. Li Jinxing, Mr. He’s lawyer, also confirmed his release. The reason for their release is still unclear. Because the release of Mr. Guo and Mr. He is conditional, the charges against them are still in effect and both men could be taken back into police custody.

Mr. Guo and Mr. He were detained at the same time that the Occupy Central protests were occurring in Beijing. Both men were arrested on suspicion of illegal business activity, which included the unlawful printing of books and other publications.

In 2012, Mr. Guo assisted Chen Guangcheng in his escape from China by helping him travel to the United States Embassy in Beijing. Mr. Chen then traveled to the United States, where then-Secretary of State Hillary Clinton advocated on his behalf so that he could stay in the United States as a visiting student.

Mr. Guo could have been detained for his role in Mr. Chen’s escape from China. Initially, Mr. Guo was put on house arrest for 81 days, after which he stated in an interview that Chinese police had warned him of more severe consequences for his involvement in the escape. About a year later, Mr. Guo was taken into custody after police raided his apartment in Beijing.

Critics have accused the Chinese government of carefully timing the release of the activists with Chinese President Xi Jinping’s upcoming United States’s visit, which is scheduled for later this month. It will be President Xi’s first state visit to the United States since he became president in 2012. Throughout his presidency, President Xi has cracked down on lawyers, human rights activists, and others.

Many critics believe that the release of the activists was a symbolic measure taken to prevent the United States’ criticism of China’s human rights record. Sophie Richardson, the China Director at Human Rights Watch, told The Guardian that the Chinese government has made a series of small concessions in an effort to “keep human rights issues out of the summit”.

 

For more information, please see:

 Associated Press – China releases scholar ahead of its leader’s visit to US – 15 September 2015

The Guardian – Beijing releases activist on eve of Chinese president’s visit to US – 15 September 2015

The New York Times – China Releases Scholar Who Helped Activist Gain Asylum in U.S. – 15 September 2015

Radio Free Asia – China Releases Two NGO Activists ‘On Bail’ Ahead of President’s US Trip – 15 September 2015

 

U.N. Calls for Sri Lankan War Crimes Court

By Christine Khamis

Impunity Watch Reporter, Asia

 

COLOMBO, Sri Lanka—

The United Nations has released a report calling for a special court to try war crimes that occurred during the 26 year long conflict between the Sri Lankan army and the Tamil Tiger rebels. The U.N.’s report calls for a court that is comprised of international judges, local Sri Lankan judges, prosecutors, lawyers, and investigators.

The U.N. report charges both the Sri Lankan government and the Tamil Tiger rebels with committing atrocities against civilians during the war, which ended in 2009. Around 100,000 people were killed during the war, and estimates indicate that an additional 40,000 people were killed during the final stage of the war. Additionally, tens of thousands of civilians went missing during the war and were never seen or heard from again.

The crimes listed in the U.N. report, committed by both the Sri Lankan army and the Tamil Tigers, include indiscriminate shelling in “no shell zones”, extrajudicial murders, enforced disappearances of tens of thousands of people, forced recruitment of adults and children, and acts of torture and sexual violence.

Sri Lankan civilians still suffer from the repercussions of the war between the Sri Lankan government and the Tamil Tiger rebels. For example, some have been homeless since the war ended in 2009. (Photo courtesy of BBC)

The U.N.’s report states that if forced recruitment by the Tamil Tigers is proven in court, it will be classified as a war crime. The Sri Lankan government’s denial of humanitarian assistance during the war will also be classified as a war crime if that denial is proven in court.

Sri Lanka’s previous government, led by President Mahinda Rajapaksa, resisted international calls to investigate the war crimes. Sri Lanka’s new government, which came into power under President Maithripala Sirisena early this year, promised that it would cooperate with U.N. directives.

However, now that the U.N.’s report has come out, Senior Sri Lankan minister Rajitha Senaratne has stated that the country will implement its own process for addressing the atrocities committed during the war. Mr. Senaratne also said that Sri Lanka is not ready to agree with international inquiries.

Earlier this week, Sri Lanka’s government released plans for a truth and reconciliation commission that will consider war crime allegations. While the court will accept advice from international entities such as the U.N., it will employ a Sri Lankan process to try the war crimes.

The U.N.’s report states that Sri Lanka’s courts lack the necessary credibility to try the war crimes. The U.N. report also highlights the need for Sri Lanka to reform its criminal justice system. Currently, Sri Lanka does not criminalize war crimes, crimes against humanity, or enforced disappearances.

Zeid Ra’ad Al Hussein, the U.N. Commissioner for Human Rights, has stated that only a court made up of international judges and investigators will be able to handle the many alleged war atrocities that occurred during the war.

 

For more information, please see:

Al Jazeera – UN Urges Sri Lanka War Crimes Court – 17 September 2015

BBC – UN Human Rights Council Urges Sri Lanka War Crimes Court – 16 September 2015

New York Times – U.N. Urges Sri Lanka to Establish Court to Investigate War Abuses – 16 September 2015

The Wall Street Journal – U.N. Report Urges Sri Lanka to Set Up War Crimes Tribunal – 16 September 2015

North and South Korea to Allow Reunion of Some Families Split up During Korean War

By Christine Khamis

Impunity Watch Reporter, Asia

 

SEOUL, South Korea –

Authorities in both North and South Korea have agreed to allow reunions of families split up during the Korean War. 100 people from each side will be allowed to reunite with their family members and other relatives from October 20-26 in North Korea.

During talks on Tuesday in the border village of Panmunjom, Red Cross Delegates from both Koreas discussed an agreement allowing families to reunite. The agreement states that North and South Korea will work to resolve humanitarian issues, according to South Korea’s Unification Ministry. The agreement was part of a deal ending the Koreas’ military standoff, which began when South Korea blamed North Korea for the deaths of two South Koreans in a land mine explosion.

North and South Korean Red Cross delegates making agreement to allow families to reunite. (Photo courtesy of Reuters)

There are many in North and South Korea who do not know whether their family members and other relatives are still alive because they are prohibited by their respective governments from attempting communication.

200 people were allowed to reunite for six days in February 2014 as a result of a previous agreement between North and South Korea. Emotions ran high as family members were reunited with each other. However, the meetings were brief, limited to just a few days. Families also had little privacy due to North Korean workers listening to their conversations.

It is not clear how North Korea chooses the people who will meet their families. There is a great deal of uncertainty for those in South Korea because they are required to participate in a lottery for the chance to meet their families. The South Korea Unification Ministry reports on its website that around 130,000 South Koreans have registered for the chance to meet their families since 1988. Out of that number, only 66,000 people are believed to still be alive. Many of the 66,000 are in their 80s and 90s. In the past, many older Koreans have died before they have the chance to reunite with their families.

During the Korean War, the Korean peninsula was split into North and South Korea. The war is technically still ongoing because instead of a formal peace treaty, the two sides agreed to a truce through the Korean Armistice Agreement of 1953.

Since the Korean Armistice Agreement, there have been other reunions in which around 22,500 Koreans have participated. Out of that number, around 18,822 people met with family members in person, while the remaining people reunited through video conferencing. None of the 22,500 have been allowed a second chance to see their relatives, according to South Korea’s Red Cross Delegation.

 

For more information, please see:

International Business Times – North and South Korea Agree to Hold Family Reunion for the Second Time After Split – 9 September 2015

CNN – North and South Korea Agree to Family Reunions in October – 8 September 2015

Reuters – North, South Agree to Hold Family Reunions in October: South – 8 September 2015

The New York Times – South Korea: North Agrees to Reunions – 7 September 2015

Reuters – North Korea Agrees to Talks With South on Family Reunions – 29 August 2015

 

 

Chinese Journalist Arrested and Forced to Give Televised Confession

By Christine Khamis

Impunity Watch Reporter, Asia

 

BEIJING, China —                 

Chinese journalist Wang Xiaolu was arrested in late August for his article about the recent China stock market crisis, which affected the global economy. Mr. Wang was forced to confess on China Central Television, China’s state television network, that he had gathered information for his article using private sources and abnormal means. Mr. Wang also confessed that he had added his own subjective views to the information that he had found and that his article was “sensational” and “irresponsible”. Mr. Wang stated that he hoped for leniency from judicial authorities.

Mr. Wang during his televised confession. (Photo courtesy of the Independent)

Mr. Wang, a reporter for business magazine Caijing, was arrested at his home and taken into police custody last Tuesday. His televised confession occurred before any formal court proceedings.

Mr. Wang’s article in Caijing about the stock market crisis indicated that China’s Securities Regulatory Commission (CSRC) planned to withdraw money from the already struggling stock market. The CSRC denied the story, but Chinese authorities believe that Mr. Wang’s article contributed to the stock market plunge in July 2015. According to Xinhua, China’s official press agency, Mr. Wangs’s article caused “abnormal fluctuations” in the stock market.

Mr. Wang has been accused of “ colluding with others and fabricating and spreading false information concerning securities and futures trading”, according to Xinhua. He has been placed under “criminal compulsory measures”, which could lead to jail, house arrest, residential surveillance, or other punishments.

It has been a surprise to many that the Chinese government has targeted Caijing. While the financial magazine has a reputation for pushing the boundaries of what the Chinese government deems admissible, Caijing has avoided covering topics prohibited by the government.

Mr. Wang’s arrest occurred in the midst of a government crackdown on the spread of rumors online. The Chinese Ministry of Public Security has charged nearly 200 people for “spreading rumors online”.

According to the Committee to Protect Journalists, major news sources in China have been instructed to delete articles about Beijing’s response to the stock market crisis.

Human rights groups and the Committee to Protect Journalists have called for the release of Mr. Wang. The Committee has stated that Chinese authorities’ sensitivity to changes in the financial markets is no reason to intimidate and jail a journalist.

Orville Schell, director of the Center on U.S.-China Relations at the Asia Society, believes that the punishment of Mr. Wang signifies a tightening of government control in China. In recent years, Chinese authorities have increased their use of televised confessions to use detainees’ cases as warnings to others. Authorities have employed the tactic with journalists, human rights activists, and lawyers.

 

For more information, please see:

New York Times – Caijing Journalist’s Shaming Signals China’s Growing Control Over News Media – 6 September 2015

Committee to Protect Journalists– Chinese State TV Airs Footage of Journalist Saying He Regrets Writing Stock Market Story – 31 August 2015

The Guardian – Chinese Reporter Makes On-Air ‘Confession’ After Market Chaos – 31 August 2015

The Independent – A Chinese Journalist Has Appeared on State Television ‘Confessing’ to Causing the Stock Market Chaos – 31 August 2015

New York Times – China Punishes Nearly 200 Over ‘Rumors’ About Stocks, Blasts and Parade – 31 August 2015

Al Jazeera – Chinese Journalist Jailed After Stock Market Crash Coverage – 27 August 2015

 

 

 

 

Indian Village Court Sentences Women to be Gang-Raped for Their Brother’s Crime

By Christine Khamis

Impunity Watch Reporter, Asia

NEW DELHI, India- 

A village council in Sankrot, India has ordered that two sisters be gang-raped and paraded naked through their town with their faces blackened. The order against the sisters is an “eye for an eye” punishment that requires them to be dishonored in order to avenge their brother’s alleged crime.

2013 Rape Protests in New Delhi (Photo Curtesy of the Telegraph)

The all-male village council ordered the punishment of 23-year-old Meenakshi Kumari and her 15-year-old sister after their brother eloped with a married woman from India’s highest social caste, the Jat caste. Ms. Kumari’s family is part of the lowest social caste in India—the Dalit caste, historically known as the Untouchables.

Ms. Kumari’s father has filed a complaint with two national bodies, claiming that his family has been harassed by police and the Jat woman’s family. The family’s home was recently ransacked, with police doing nothing to prevent it. The sisters fled their home after it was ransacked and petitioned to the India Supreme Court for police protection of their family. It is not clear at this point whether police protection will be provided, nor whether the men who ordered the punishment will be arrested.

Amnesty International has run a petition calling for the protection of Ms. Kumari and her sister, which over 100,000 people have signed. Since the petition, extra police have been deployed in Sankrot to avoid any tension that may arise.

Additional Superintendent of Police Vidyasagar Misra states that police investigations revealed no evidence that a village council meeting took place or that there was an order against the sisters. Additionally, townspeople in Sankrot told a BBC reporter that the report of the village council’s sentence is false.

The unelected village councils, called Khap Panchyat, frequently operate outside of the Indian legal system. Due to their operating outside of the legal system, the Indian Supreme Court has labeled them “kangaroo courts”. Khap panchyat are widespread throughout India and are largely made up of men from dominant social classes. The councils often order honor killings and sexual punishments of women, which have been declared illegal by the Indian Supreme Court.

India has faced international criticism over its treatment of women. In late 2012, a 23-year-old female student was gang-raped and murdered, which led to mass street protests in New Delhi. There have been other instances of murders, burnings, and rapes in India since her death, despite the central government’s pledge to reform the Indian penal code.

 

For more information, please see:

BBC – Did India Village Council Really Order Rape of Two Sisters? – 1 September 2015

International Business Times – India: Village Elders Who Sentenced Sisters to Be Raped as Punishment Face Arrest – 30 August 2015

The Telegraph – Indian Sisters to Be Raped as ‘Punishment’ for Brother Eloping – 29 August 2015

The Independent – Indian Sisters Told They Will be Repeatedly Gang-Raped as Punishment for Their Brother’s Crime Launch Appeal at Supreme Court – 28 August 2015