By Hojin Choi

Impunity Watch Reporter, Asia

KABUL,Afghanistan – The Afghan election commission announced that presidential candidate Ghani won 56.4% of the vote in the runoff contest, and another candidate Abdullah earned 43.6%. During the initial contest, Abdullah had won the first round getting 45% against Ghani’s 31.6%. Although Ghani received the majority of the votes in the runoff, the validity of results is still unknown because millions of ballots are suspected of fraud.

Abdullah and his supporters officially rejected the result of the election. “We consider this as a coup against people’s votes,” said a spokesperson for Abdullah’s camp. Abdullah said during a TV news conference that he will not accept the election’s result unless the fraudulent votes are separated from the clean votes. Abdullah also insisted that outgoing president Hamid Karzai, Ghani, and the election commission colluded together against him.

Millions of ballots may be subjected to review. The Independent Election Commission acknowledged that vote rigging had occurred. The commission said nearly 23,000 polling stations and 1,930 ballot boxes would be audited, and the audit includes regions where the turnout was estimated as 100%.

Ghani claimed his grass-roots mobilization got voters out, despite mounting violence during the runoff.

Some of Abdullah’s supporters warned of “widespread civil unrest” and suggested establishing “parallel governments.” Ghani rejected this suggestion and said “talk of parallel governments will remain in the level of talk, because the historic responsibility that his excellency Dr. Abdullah and I as people who have submitted ourselves to the will of the people of Afghanistan have is to ensure the stability of this country and the legitimacy of the regime to which we have devoted our lives.”

U.S. Secretary of State John Kerry warned both camps against trying to seize power. “There is no justifiable recourse to violence or threats of violence, or for resort to extra-constitutional measures or threats of the same,” Kerry said. “Any action to take power by extralegal means will cost Afghanistan the financial and security support of the United States and the international community.” Kerry added that the suggestion of parallel governments is a grave concern.

The Independent Election Commission emphasized that the announcement of tentative results is not a declaration of winner. Afghan Chief Electoral Officer Ziaulhaq Amarkhil was accused by Abdullah’s camp of fraud, and Amarkhil resigned immediately after releasing the results. He has denied any wrongdoing.

For more information please see:

Impunity Watch – Afghan Presidential Runoff Peppered with Over 150 Terror Attacks – 16 June 2014

New York Times – Tentative Results in Afghan Presidential Runoff Spark Protests – 7 July 2014

Wall Street Journal – Ghani Leads Afghan Vote, But Fraud Charges Hang Over Results – 8 July 2014

CBS – Afghan presidential candidate Abdullah Abdullah rejects election results – 8 July 2014

Washington Post – Afghan presidential candidate Abdullah preemptively rejects election results – 6 July 2014

CNN – Ghani leads Abdullah in Afghan election, officials say – 8 July 2014

Reuters – Afghanistan’s Abdullah rejects election result as ‘coup’ against people – 7 July 2014

By Hojin Choi

Impunity Watch Reporter, Asia

SEOUL, South Korea – The International Criminal Court (ICC) declined to initiate a full investigation into two North Korean attacks against South Korea in 2010. The ICC typically deals with cases of genocide, crimes against humanity, and war crimes. Although North Korea is not a member of the ICC, attacks on a member country, such as South Korea can give rise to jurisdiction over the possible war crimes.

The first attack was the sinking of the South Korean corvette, Cheonan, in the West Sea of Korea on March 23, 2010. North Korea officially denied any involvement with the incident, but South Korea and international inquiries revealed that a North Korean torpedo struck the corvette. 46 sailors died at the scene.

The second attack occurred approximately 8 months later at Yeonpyeong Island in the West Sea. North Korea launched artillery attacks on the island causing the death of two South Korean soldiers and two civilians.

The ICC initiated a preliminary probe of the two incidents, but prosecutor Fatou Bensouda concluded that there was not enough evidence to initiate a full-blown investigation. The first attack on the Cheonan corvette was “directed at a lawful military target and would not otherwise meet the definition of the war crime of perfidy as defined in the Rome Statute,” the prosecutor said. Of the artillery attack, he said that while it did kill civilians there was not enough information establishing a “reasonable basis to believe that the attack was intentionally directed against civilian objects or that the civilian impact was expected to be clearly excessive in relation to the anticipated military advantage.” According to the Prosecutor’s office, North Korea has not cooperated with the ICC to provide relevant information and evidence.

However, it is still questionable whether the attack did not target civilians. During the artillery attack on Yeonpyeong Island, 230 shells were fired by North Korea and about 30 of them hit on residential areas. About 50 landed on the sea. The wide range of attack did not seem to be focused on only military bases and facilities.

Even though the ICC will not initiate a full investigation, it will resume the examination if there is new information or evidence presented. The decision “in no way should be construed as condoning in any way” North Korea’s violent attacks, the prosecutor said.

Besides the two attacks, the United Nations and ICC have recently considered the possibility of prosecuting North Korea for crimes against humanity. The U.N. Commission of Inquiry on Human Rights reported that North Korea should be referred to the ICC for the alleged crimes. The U.N. Human Rights Council adopted a resolution demanding the Security Council take action against North Korea. Moreover, U.N. Human Rights Investigators reported that the ICC would find merit in prosecuting the humanity crimes in North Korea. One U.N. report, which accused North Korea, compared the crimes with Nazism.

South and North Korea signed an armistice agreement in 1953, but have no effective peace treaty. The two countries technically remain at war.

For more information, please see:

International Criminal Court – The Prosecutor’s Report – June 2014

Channel NewsAsia – ICC declines to open N Korea war crimes probe – 23 June 2014

Jurist – ICC prosecutor finds no grounds to investigate North Korea war crime allegations – 25 June 2014

Voice of America – ICC: No N. Korea War Crimes Probe – 24 June 2014

Reuters – International court says will not investigate 2010 attacks on South Korea – 23 June 2014

 By Kathryn Maureen Ryan
Impunity Watch Managing Editor

Islamabad, Pakistan – A newlywed couple was murdered at the hands of the bride’s family in an honor killing in eastern Pakistan police said Saturday. The newlyweds, Sajjad Ahmed, aged 26, and Muawia Bibi, aged 18, were married on June 18 in the Punjab region of Pakistan without the consent of the Bibi family. Police say the girl’s father and uncles lured the couple back to their home promising that they would give their blessings to the union.

Members of the Bibi family then reportedly tied and decapitated the couple, while there were no outside witnesses the family members turned themselves into policy and are now jailed in Punjab. The family members say they were embarrassed by the girl’s marriage because she married a man who they considered to be from a less prominent tribe.

These so called honor killings are not uncommon in Pakistan. According to the country’s human rights commission 869 women were victims of honor killings last year. Honor killings such as this most recent horrific murder often originate from tribal traditions in Pakistan and are most commonly carried out in rural communities. Human rights activists say that in many cases bystanders, including police officials, don’t often step in and interfere because the killings are regarded as family matters.

According to the United Nations, approximately 5,000 women across the globe are murdered by family members in honor killings every year. However, many advocacy groups believe the crime is under-reported and the actual number of women killed at the hands of their own families in the name of “honor” is much higher.

A number of honor killings have made international news in Pakistan in recent months, drawing awareness to this horrendous trend. Earlier in June 18 year-old Saba Masqood was found inside a sack after she was left for dead in a canal in Pakistan by her brother and father.

A coalition of religious leaders in Pakistan has responded to the honor killing crisis by issuing a fatwa against honor killings, calling them “un-Islamic” and “highly condemnable.” The fatwa came just days after 25 year-old Farzana Parveen was killed by about two dozen relatives, including her father and brothers, in front of Lahore High Court as onlookers watched but did not intervene to saver her.

“A daughter is a gift by Allah. And the feeling of being dishonored by your daughter is forbidden in Islam,” the edict issued by the group read. “Killing one’s daughter and humiliating them is a sign of ignorance.”

For more information please see:

CNN International – Pakistani Newlyweds Decapitated by Bride’s Family in Honor Killing – 29 June 2014

The New York Times – Family Kills Pakistani Couple After They Married For Love – 28 June 2014

Al Jazeera America – Faith Leaders in Pakistan Issue fatwa Against ‘Un-Islamic’ Honor Killings – 1 June 2014

Human Rights Commission of Pakistan – State of Human Rights 2013 – March 2014

By Hojin Choi

Impunity Watch Reporter, Asia

BANGKOK, Thailand – The U.S. Human Trafficking in Persons (TIP) Report downgraded Thailand to “Tier 3,” the lowest level. Tier 3 also includes over 20 other countries, such as North Korea, Syria, Iran, Malaysia, and so forth. The report is released by the Department of State annually.

Thailand maintained its rank in Tier 2 in 2009, but dropped to Tier 2 Watch List in 2010. The lowest, Tier 3, indicates that the government does not fully comply with the minimum standard set forth in the Trafficking Victims Protection Act (TVPA) and that it is not even making significant efforts to do so. When a country is classified in Tier 3, the U.S. government imposes penalties by placing restrictions on bilateral assistance, including non-humanitarian and non-trade-related foreign assistance. The U.S. may also oppose assistance from international financial institutions, such as the International Monetary Fund and the World Bank.

In the report, Thailand is reported as a “source, destination, and transit country for men, women, and children subjected to forced labor and sex trafficking.” The majority of trafficking victims are “forced, coerced, or defrauded into labor or exploited in the sex trade.” The number of labor trafficking victims is also concentrated into commercial fishing and fishing-related industries. The report says some victims are “forced to beg on the streets.”

The human trafficking problems in Thailand became more known to the world when the Guardian, an English news media, revealed the slave labor in Thai fishing industries in June. The media had investigated a lead for six months regarding “20-hour shifts, regular beatings, torture, and execution-style killings.” The article says some workers were offered methamphetamines to keep them working, and their products are being sold to top global retailers, including U.S.-based Walmart and Costco, French-based Carrefour, and U.K.-based Tesco.

The Thai government appears concerned about the TIP report. Early this year, the Thai government entered a contract with leading U.S. law firm, Holland & Knight, LLP.  The deal called for lobbying to the White House, Congress, and the U.S. Department of State. The contract was intended to persuade these institutions and posit a defense that Thailand is fighting against human trafficking problems.

The Thai government expressed its regret that the TIP report did not recognize the nation-wide efforts to fight against the human trafficking problems. In a statement, one government spokesperson said “Thailand made significant advances in prevention and suppression of human trafficking along the same lines as the State Department’s standards.” According to the Thai government, combatting human trafficking is a “national priority” and human trafficking is “anathema” to the nation’s core values.

Vijavat Isarabhakdi, the Thai Ambassador to the U.S., said in the interview with CNN that 225 defendants were convicted in 2013 for human trafficking. This number represents over four times more than the previous year’s defendants. “I think that we’ve been doing a lot, but we acknowledge the fact that much more needs to be done,” he said.

However, according to the TIP report, it is questionable whether the government’s efforts could indeed have a remedial effect, citing “corruption at all levels.” Some government officials have protected brothels and industries from raids and inspections. Local and national police officers often make protective relationships with the traffickers. Immigration officials and police “reportedly extorted money or sex from Burmese migrants detained in Thailand for immigration violations and sold Burmese migrants unable to pay labor brokers and sex traffickers,” the report said.

For more information, please see:

U.S. Department of State – Trafficking in Persons Report 2014

CNN – Tackling Thailand’s human trafficking problem – 21 June 2014

The Guardian – Revealed: Asian slave labour producing prawns for supermarkets in US, UK – 10 June 2014

The Guardian – Thai government condemned in annual US human trafficking report – 20 June 2014

Bangkok Post – Washington downgrades Thailand over human trafficking – 20 June 2014

The New York Times – U.S. Gives Thailand and Malaysia Lowest Grade on Human Trafficking – 20 June 2014