By Christine Khamis

Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan –

Pakistan’s Lahore High Court postponed the execution of paraplegic inmate Abdul Basit on Tuesday, about an hour before his hanging was scheduled to occur. The postponement came just a day after Pakistan’s Supreme Court rejected a plea to grant Mr. Basit an execution stay order. It is unclear how long the postponement will last.

Mr. Basit has been on death row since he was convicted of murder in 2009 and has maintained his innocence throughout his time in prison. Mr. Basit became paralyzed after he contracted tubercular meningitis in prison, according to Sara Belal, an attorney at legal aid group Justice Project Pakistan.

According to the postponement order, Mr. Basit cannot be hanged in compliance with Pakistani prison guidelines, which state that the prisoner must stand on the gallows. In order to follow prison guidelines, the rope used as a noose must be a length proportional to the height of the prisoner in order to ensure that the prisoner has an instant, more humane death. Because Mr. Basit is in a wheelchair, figuring out the proper length of the rope is difficult.

There is concern among human rights groups that the hanging could go badly—if the rope is not the correct length, there is a risk that Mr. Basit will be either decapitated or subjected to prolonged strangulation. Both decapitation and prolonged strangulation would breach Mr. Basit’s dignity. Because the breach of a prisoner’s dignity is protected by Pakistan’s constitution, a botched hanging would violate Mr. Basit’s fundamental rights.

Before the postponement, Amnesty International issued a statement on Monday calling for Pakistan to cancel the execution and to impose a moratorium on all other executions. In the statement, Sultana Noon, Amnesty’s Pakistan Researcher, stated that Pakistani authorities should grant reprieve to Mr. Basit instead of deliberating on the logistics of hanging a man in a wheelchair.

Both the Pakistani Supreme Court and Lahore High Court previously authorized Mr. Basit’s execution. Mr. Basit’s hanging was initially scheduled for last month, but was postponed. The hanging was then re-authorized despite the fact that Mr. Basit filed a mercy petition with the courts, which is still pending.

After imposing a seven yearlong moratorium on all executions, Pakistan reintroduced the death penalty in December 2014. According to the Pakistani government, it reintroduced the death penalty measure to combat terrorism after a Taliban attack on a Peshawar school in which 150 people, mostly children, were killed. However, most of the prisoners that have been executed since the moratorium ended did not have terrorism-related convictions.

There have been 239 hangings in 2015 since Pakistan lifted the moratorium on executions. Additionally, Pakistan has the largest number of death row prisoners worldwide, with more than 8,000 prisoners awaiting execution.

For more information, please see:

BBC – Abdul Basit: Pakistan Delays Hanging of Paraplegic Man – 22 September 2015

CNN – Pakistan Court Delays Paraplegic’s execution – 22 September 2015

Amnesty International – Pakistan: Halt Execution of Paralysed Man Due to Take Place Tomorrow – 21 September 2015

New York Times – Pakistan: Supreme Court Declines to Block Execution of Paraplegic Inmate – 21 September 2015

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 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

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.

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

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.

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