Asia

Former Nepalese Colonel Appears Before Court for Torture Charges

By Karen Diep
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Yesterday, former Nepalese Colonel Kumar Lama, 46, appeared at a 40-minute preliminary hearing before Judge Fulford in London’s Old Bailey Court for two charges of torture.

The Old Bailey where Mr. Lama appeared before Judge Fulford. (Photo Courtesy of The Guardian)

Mr. Lama, a current British resident, is accused of inflicting severe pain or suffering while commanding a Nepalese army barracks in 2005. According to The Guardian, the purported crimes occurred at the Gorusinghe army barracks in Kapilvastu, Nepal, between April 15, 2005 and May 1, 2005.

The charges against Mr. Lama relate to two men, Janak Bahadur Raut and Karam Hussain, under the Criminal Justice Act of 1988, Section 134.

According to France 24, London’s Metropolitan Police clarified that because torture is a crime prosecuted under international jurisdiction, they were required to arrest Mr. Lama. A prior concern was that the alleged crimes occurred in Nepal and therefore, London authorities possessed no right to detain Mr. Lama.

Nonetheless, London’s Metropolitan Police stated that no charges have been brought by the Nepalese authorities, who are currently demanding Mr. Lama’s release.

If jurisdiction holds, Mr. Lama’s case will be the first in Nepal’s history that a serving security officer has been arrested in foreign land in human rights violation case under universal jurisdiction.

The provisional date for the trial is June 2, 2013, in London’s Kingston Crown Court and is an projected to last between four and six weeks. A case management and plea hearing will is set for May 10, 2013. Mr. Lama is currently in custody after the court denied his application for bail.

“We have no option except waiting for the next hearing and subsequent court ruling,” Deputy Prime Minister and Minister for Foreign Affairs Narayan Kaji Shrestha relayed to The Himalayan Times.

To defend Mr. Lama, Nepal’s embassy in England hired London solicitor on criminal justice, Caplan and his Kingsley Napley firm associate, Barness. Prior to his representation of Mr. Lama, Mr. Caplan defended Former Chilean President Augusto Pinochet.

Neither the police nor the Crown Prosecution Service gave additional information regarding the case’s background or the circumstances until said information arrives in court.

Before his arrest last year, Mr. Lama served as a UN peacekeeper in South Sudan and was to return.

For more information, please see:

The Guardian – Nepal torture suspect appears in court – January 24, 2013

The Himalayan Times – London court dismisses Col Lama’s bail plea – January 24, 2013

France 24 – Nepalese colonel to face torture trial in London – January 24, 2013

Demonstrators display the dead bodies of fallen civilians in Peshawar to protest military barbarism

By Irving Feng
Impunity Watch Reporter, Asia

PESHAWAR, Pakistan – Thousands of demonstrators took to the streets of Peshawar to protest the alleged extra-judicial killings carried out by Pakistani paramilitary forces.

Demonstrators display dead bodies in protest in Peshawar. (Photo Courtesy of The News International)

The Frontier Corps, a division of paramilitary forces in Pakistan, has been blamed for 18 deaths which resulted from overnight raids in the Khyber tribal area.  The paramilitary forces have been fighting Islamic militants in the area and were conducting a late night raid when the deaths occurred.

Human rights groups and local residents of the tribal area say that the operations carried out by the Pakistani military frequently cause civilian deaths.  The bodies of the dead were found by local residents discarded on the side of a road.

The protestors openly displayed the bodies of the dead in Peshawar in public areas and across the street from the governor’s house to mourn the deaths of family members and to demand vengeance for the wrongful actions of the paramilitary forces.

This strategy of displaying the wrapped dead bodies is very rare and used sparsely by protestors to make a point to local governments.  Anti-military slogans were also shouted at army officials and other government officials.  One of the signs displayed by the protestors read, “We are also Pakistanis.  Don’t kill us.”

The protestors called for a stop to the military operations in the Khyber tribal area of Pakistan where frequent military exercises and raids of this type are carried out.  The protestors also called for the government to compensate the victims and their families and to end a five year old curfew still enforced in the area.

Pakistani police in the city of Peshawar responded to the protestors with barrages of tear gas.  The police forces, desperate to keep peace in the volatile city, also used water cannons to disperse the scores of protestors outside of the governor’s house.

Protestors are at a loss as to where to seek justice for these alleged extra-judicial killings.  The locals believe that there is nowhere to turn for help to stymie the growth of barbarism perpetrated by the Frontier Corps and their fellow citizens continue to be murdered in cold blood.

The leaders of the paramilitary forces, however, have privately denied responsibility for the deaths of the 18 civilians that were dumped on the side of the road and used in the demonstrations by protestors in Peshawar.  The paramilitary forces are simply doing their jobs to rid Pakistan of the Islamic militants.

Locals vehemently contend that the tribal people in the Khyber region are being persecuted by both the paramilitary forces and the militants.  The civilians are essentially caught in the middle of the two conflicting groups.  Amnesty International accused Pakistani officials last month of failing to remedy the thousands of human rights abuses prevalent in this area.

For further information, please see:

Al Jazeera – Pakistan protests move to Peshawar – 17 January 21 2013

BBC – Pakistan police use tear gas to disperse ‘dead bodies’ protest – 17 January 2013

Global Times – People protest against overnight raid in Pakistan – 17 January 2013

The News International – Protest demonstration ends in Peshawar – 17 January 2013

The Star – Pakistanis pile bodies outside governor’s house in protest – 16 January 2013

Comedian gets 2 years in prison for insulting the king of thailand

By Irving Feng
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Thai comedian, Yossawaris Chuklom, was sentenced to two years in prison by a local judge after making insulting remarks against the Thai Monarchy in a political demonstration speech from 2010.

King Bhumibol Adulyade (Left) and the “red-shirt” group protests (Right). (Photo Courtesy of The Telegraph)

Yossawaris Chuklom, age 54, who uses the stage name Jeng Dokchik, made the insulting remarks during a mass political rally in Bangkok.  He is a key member of the “red-shirt” political movement which supported exiled Prime Minister Thaksin Shinawatra.

Thaksin Shinawatra was ousted by a military coup in 2006 during a period of extreme political upheaval.  The “red-shirt” group occupied different parts of the Thai capital of Bangkok in March of 2010 to support the exiled Thaksin Shinawatra and demanded the resignation of then Prime Minister Abhisit Vejjajiva.

During the political unrest staged by the “red-shirt” group where Yossawaris Chuklom made his allegedly insulting remarks against the Thai Monarchy, roughly 90 people, both civilian and government soldiers were killed.  The ordeal lasted about two months.

Yossawaris Chuklom was convicted for his crimes under Thailand’s strict lese majeste laws which punish any person who defames the Thai king, queen, heirs, or regents.  The maximum penalty under these laws is up to 15 years in prison.

Chuklom was originally sentenced to three years in prison; however, the judge reduced the sentence from three years to the current sentence of two after Chuklom gave up useful evidence.  Yossawaris Chuklom also faces separate state terrorism charges for his role in the 2010 “red-shirt” group street protests in Bangkok.

Chuklom’s lawyer, Thamrong Lakdaen, says that his client intends to post bail and appeal the unfair sentence.  Pundits and critics say that Thailand’s lese majeste laws are only in place to suppress freedom of speech and have no legitimate legal purpose.

Yossawaris Chuklom also currently serves as an advisor to Thailand’s deputy minister of commerce.  The deputy minister serves under a government led by exiled Prime Minister Thaksin Shinawatra’s sister who came into power after elections in 2011.

Chuklom’s ties to Thaksin’s sister and his ties to the “red-shirt” group have all been cited as possible activities that have led to his unfair sentencing and incarceration.  This has been used as further fuel by critics to question the legitimacy of the lese majeste laws.

The Thai Monarchy however is highly revered in the country by a vast amount of the population.  The lese majeste laws are intended to provide Bhumibol Adjulyadej, the 85 year old king and head of the Thai Monarchy, protection.

For further information, please see:

BBC – Thai comedian and ‘red-shirt’ leader jailed for royal insult – 17 January 2013

The Telegraph – Thai comedian sentenced for insulting monarchy – 17 January 2013

The Star – Comedian gets 2 years’ jail for insulting Thai royals – 17 January 2013

The Southern Illinoisan – Thai Red Shirt gets jail term for anti-king speech – 16 January 2013

Pakistan and India Agree to “De-Escalate” Tension in Kashmir After U.N.’s Request

By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – On Wednesday, India and Pakistan’s chiefs of operation along the Line of Control reached an agreement to “de-escalate” military tensions in Kashmir.  Tensions arose between Pakistan and India after the deaths of two Indian and Pakistani soldiers last week.

Soldiers paying respect to those who have been killed in the dispute. (Photo Courtesy of Aljazeera)

“An understanding has been arrived at between the two director-generals of military operations to de-escalate the situation along the Line of Control,” shared spokesperson Jagdeep Dahiya.

According to BBC News, the military operations’ director of the Pakistani army agreed to the de-escalation after calling his Indian equivalent to “protest strongly” a “ceasefire violation” by Indian soldiers that killed a Pakistani soldier along the Line of Control Tuesday night.

On January 10th, the U.N. urged both countries to ceasefire and initiate dialogue.  The United Nations Military Observer Group in India and Pakistan (UNMOGIP) made the request even as it received a complaint from Pakistan.  In the complaint, Pakistan claimed that Indian troops had purportedly crossed the Line of Control and “raided” a border post on January 6th. In response, India denied the allegation.

For the past 60 years, Kashmir has been a territory in distress and therefore, violent exchanges are not uncommon. India and Pakistan have fought three wars since their separation in 1947, two of which were over the region of Kashmir.

On Tuesday, India’s Prime Minister, Manmohan Singh, conveyed that the deaths of Indian soldiers last week, one of which included a beheading, were “unacceptable.”

In response, Pakistani’s Foreign Minister, Hina Rabbani Khar, stated that India was “war-mongering” and this was “detrimental to the peace process between the two countries.”

According to The Tribune, on Monday, the Indian army’s chief of staff instructed his commanders to give an “aggressive” response to any shots fired by Pakistani forces along the Line of Control.

“We expect our commanders to be aggressive,” General Bikram Singh said prior to a meeting between Indian and Pakistani commanders.  “The orders are very clear: when provoked, I expect my unit commanders should fire back,” continued the general.

Nonetheless, an Indian military source conveyed to AFP that there has been no cross-border firing since the two director-generals spoke.

For more information, please see:

Aljazeera – India and Pakistan ‘to ease’ Kashmir tensions – 16 January 2013

BBC News – Kashmir crisis: Indian and Pakistan agree ‘de-escalation’ – 16 January 2013

The Tribune – Pakistan, India agree to ‘de-escalate’ border tensions – 16 January 2013

The Hindu – U.N. urges India, Pakistan to de-escalate tensions through dialogue – 16 January 2013

 

 

Displaced Rohingya Refugees Turned Away from Thailand

By Irving Feng
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Over 600 displaced Rohingya Muslims were found by Thai authorities after police raided a warehouse in the town of Sadao in Songkhla province and a rubber plantation in a Malaysian border town of Pedang Besar.

Rohingya refugees awaiting deportation. (Photo Courtesy of Al Jazeera)

Police suspected that the raid sites were utilized by local human traffickers and discovered the refugees during their operations.  Among the Rohingya discovered in Pedang Besar, roughly 20 of the refugees were women and children.

The Thai landowner of the raid sites is now being sought by the local authorities on illegal human trafficking charges.  The charge of sheltering illegal migrants has also been tacked on by the officials seeking to prosecute the alleged traffickers.

Reports say that the Rohingya refugees had fled Myanmar and were passing through Thailand en route to a third destination.  The migration was entirely voluntary by the Rohingya refugees; however, the migrants had been housed in the warehouse for 3 months prior to discovery.

The refugees were reportedly travelling to a final destination in Malaysia and the camps were temporary holding facilities as they passed through.  The landowners were middlemen who were paid to help facilitate the refugees’ journey.

The migrations may have been voluntary because the Rohingya people are currently stateless.  The Myanmar government continues to deny the Rohingya people official citizenship status.  Myanmar also classifies them as illegal Bangladeshi immigrants.

Nearby Bangladesh also denies the Rohingya people official status creating hostility and persecution for the stateless refugees.  The Thai government has refused to grant asylum and plans to force the recently discovered refugees back onto rickety and overcrowded boats for departure, similar to the ones they utilized during their arrival.

Similar incidents in 2008, where Rohingya were forcibly deported from Thailand, generated tragic results.  The Thai military put roughly 1000 Rohingya refugees onto boats without food or water causing hundreds of deaths.

The violence in the Rakhine state of Myanmar last June has caused a large displacement of the Rohingya people.  Of the 800,000 Rohingya people, an estimated 110,000 people were displaced, many of which were Rohingya.

Rights groups have clamored to the international community about Thailand’s attitude toward the recently discovered Rohingya refugees in the two police raids.  Thailand’s refusal of asylum for the stateless refugees and sending them back to sea in rickety boats without food or water is seen as shameful.

Thailand had already deported 73 of the Rohingya people back to Myanmar last week, but the boat landed in the nearby Thai island of Phuket.

For further information, please see:

Al Jazeera – Myanmar Rohingya refugees rescued in Thailand – 11 January 2013

Breitbart – 700 ROHINGYA IN THAILAND TO BE DEPORTED TO MYANMAR – 11 January 2013

Reuters – Over 600 illegal Rohingya migrants held in Thai raids – 11 January 2013

San Jose Mercury News – Rohingya boat people found adrift near Thai resort – 1 January 2013