Asia

Sri Lanka Journalist Arrested for Helping Tiger Rebels

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Sri Lankan police arrested Nadesapillai Vithyatharan, editor of pro-rebel newspaper, Sudar Oli, on February 26.  Vithyatharan is accused of aiding the Liberation Tigers of Tamil Eelam (LTTE) in an airstrike over Colombo on February 20.

Three police officers and three more in plain clothes arrested Vithyatharan while he was attending a funeral.  They hit people who tried to prevent the arrest.

Rights groups, such as the Committee to Protect Journalists and Reporters Without Borders, call for Vithyatharan’s guaranteed safety and immediate release.

“Nadesapillai Vithyatharan has been a respected journalist for more than 25 years in Sri Lanka,” said Bob Dietz, CPJ’s Asia program coordinator.  “The nature of his arrest and the allegations . . . point to more government repression of critical reporting. We call for his immediate release and are concerned that like other arrested journalists he will be held for a lengthy period. This is a tactic we have seen before in Sri Lanka.”

Reporters Without Borders is outraged by the arrest and demands his immediate release.  “Carried out without a warrant, this arrest was a violation of the rule of law,” it said.  “The police must release Vithyatharan without delay.  What is this respected Tamil editor accused of?  Outspoken coverage of the situation in Sri Lanka, including the fate of its Tamil population.”

Sri Lanka Media minister, Laxman Yapa, stated that Vithyatharan was being questioned by the Colombo Crimes Division (CDC).  “He is currently being interrogated and his relatives will be able to see him this evening,”  he said.  “I can assure you that he is all right.  And the press will be informed tomorrow.”

A spokesman for the police stated that Vithyatharan would be questioned to determine whether formal charges would be brought against him.

The CPJ reports that Sri Lanka is one of the most dangerous places for journalists citing casualties of more than a dozen since August 2005.

Despite government assurances that they are investigating recent attacks on journalists, those responsible rarely face any punishment.

For more information, please see:

Associated Press – Sri Lanka Editor Accused of Aiding Rebel Airstrike – 26 February 2009

CBC News – Journalists Group Decries Detainment of Tamil Newspaper Editor – 1 March 2009

Reporters Without Borders – Newspaper Editor Accused of Helping Rebels, Reporters Without Borders Rebuts Claim – 27 February 2009

TamilNet – RSF Seeks Guarantee of Vithyatharan’s Safety – 26 February 2009

Rights Groups Calls Upon Sri Lanka and Rebels to Release Trapped Civilians

By Shayne R. Burnham
Impunity Watch Reporter, Asia

SRI LANKA – Human Rights Watch calls upon the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) to agree to cooperatively release civilians trapped in the war zone, known as the Vanni.  The rights group states that evacuation is necessary because the civilians are at grave risk of death and aid shortages as a result of the fighting.  In the past two months, over 2,000 civilians have been killed and thousands more have been injured.

The International Committee of the Red Cross (ICRC) agreed that civilians should be evacuated and aid should allowed into the war zone. Although there have been many deaths, “it would be possible to avoid further unnecessary suffering and death by allowing civilians who want to leave to get out of the area,” said Jacques de Maio, ICRC head of operations for South Asia.

The United Nations (UN) said that the situation in Sri Lanka is an “unfolding humanitarian catastrophe” because of the lack of food and medicine.  “Deaths associated with a lack of food have become a reality,” said Gordon Weiss, a UN spokesman.  “A shortage of medicine led to the deaths of nine children who had preventable diseases such as pneumonia and meningitis in late February.”

Both the Sri Lankan government and the Tiger rebels have been criticized for violating international humanitarian law.

The government is accused of firing at densely populated areas, even those declared as “safe zones.” Dr. Thurairaja Varatharajah, a top government health official, confirms that the safety of civilians seems to be of little concern to the government in the fighting.  “Day and night they are shelling.  There isn’t any gap,” he said.  He added that the firing occurs inside and outside the safety zones and that the death toll is rising because the area is so densely packed with civilians.  However, military spokesman Brig. Udaya Nanayakkara refutes this accusation, stating that the military hardly uses any artillery.  “We don’t even use shells now.  It’s all house-to-house fighting, street-to-street.”

The LTTE is accused of preventing civilians from leaving war zones, deploying forces near civilians using them as “human shields”, firing upon civilians fleeing to government territory, and even recruiting children to fight on their behalf.  On the other hand, the LTTE claims that the civilians want to stay.  “These people belong to this land, so why would they need to leave these areas?” said a rebel leader who identified himself only as Thileepan.

Verification of these allegations is near impossible since journalists are banned from the area.

For more information, please see:

Associated Press – Rights Group:  Free Civilians from Sri Lankan War – 5 March 2009

Human Rights Watch – Sri Lanka:  Urgently Evacuate Civilians – 4 March 2009

TamilNet – Sri Lanka War Crimes Under U.S. Spotlight – 26 February 2009

Khmer Rouge Trials Calls for Prime Minister’s Testimony

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Attorneys at the Khmer Rouge tribunal asked judges for permission to interview Cambodian Prime Minister Hun Sen and former King, Nordom Sihanouk.

Hun Sen, a former Khmer Rouge member, became the Prime Minister of a Vietnamese-installed communist government after the fall of the regime. Hun Sen ruled Cambodia for two decades and is currently serving as Prime Minister.

The defense team for Nuon Chea asked for the testimonies. Nuon Chea is believed to be the main ideologist for the Khmer Rouge Regime that killed nearly 2 million Cambodian people from 1975-1979. Nuon Chea is charged with war crimes and crimes against humanity and faces life imprisonment as the tribunal does not issue the death penalty.

The defense team said that Nordom Sihanouk, the former King who served as a symbolic head of state after the Khmer Rouge took power had “rare access of the Khmer Rouge leadership, their strategies and policies” and was “privy to a range of sensitive information.”

The Associate Press obtained confidential court documents that requested the testimony of current senate president Chean Sim and assembly president Heng Samrin. Chean Sim, Heng Samrin, and Hun Sen were all former Khmer Rouge members who defected to Vietnam before the regime was ousted. “They are likely in possession of much relevant information to the pending judicial investigation,” one of the documents said. All have denied any role in atrocities.

Nuon Chea’s attorney, Son Arun confirmed the authenticity of the documents but said he did not file the requests personally. The Associate Press understood his comments as an apparent move to distance himself from putting Cambodia’s prominent officials on trial.

After long delays, the United Nation backed tribunal begins later this month with Kaing Guek Eav better known as “Dutch” on trial on March 30th. Nuon Chea’s trial is expected to begin later this year.

For information, please see:

AP – Cambodia PM testimony sought at Khmer Rouge trial– 2 March 2009

Asia News –Hun Sen could testify at trial of Khmer Rouge– 2 March 2009

The Star – Politics delays international justice – 3 March 2009

Should Rohingya Refugees to be sent back to Myanmar ?

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – During the 14th ASEAN summit, the Thai and Myanmese foreign ministers reached an agreement allows Rohingya refugees back into the country if they can prove that they are Bengali.  Proof would include confirmation by relatives.  However, the refugees have resisted being returned to Myanmar, saying they would be killed.

Thousands of Rohingya fled to Bangladesh, Malaysia and the Middle East.  According to rights group, Rohingya faced widespread abuses including forced labor, land seizures and rape in Myanmar.  Benjamin Zawacki of Amnesty International points out, “in addition to that, they suffer from what is really systemic discrimination, systemic persecution. Things, for example, like not being able to marry outside their ethnicity, very strict restrictions on movement, the inability to work for the government, to hold jobs as civil servants. They are summarily disenfranchised. They are not able to vote. They are not even held to be citizens.”

The issue is being raised at international level when the Thai military sabotaged t Rohingya’s vessels and abandoning them at sea recently. Hundreds are believed to have drowned.  Currently, about 20,000 Rohingya migrants already live in Thailand, said its foreign ministry.

Malaysia, the biggest number of Rohingya refugees in the region, called for the Rohingya to be sent back to Myanmar. Malaysian Prime Minister Abdullah Ahmad Badawi says that Rohingya refugees had become a burden to Myanmar’s neighbor countries.  The 10-member Association of Southeast Asian Nations recently agreed to the solution to the problem.  Rais Yatim, Malaysia’s foreign minister said ASEAN wants Myanmar to promise “not to persecute them when they go back”.  Myamar Junta agreed.

Suaram, a Malaysian rights group, criticizes the call to return the refugees as “inhumane,” and urged ASEAN nations to give temporary shelter to the Rohingya until conditions were safe for them to return home.  A refugee urged the Myanmar neighbor countries to grant political asylum to the Rohingya.  “They are victims of systematic, persistent and widespread human rights violations,” says Zaw Min Htut.  Zaw became the first Rohingya to be granted refugee status by Japan in 2002.

For more information, please see
:

CNN – Thailand: Myanmar to allow refugees – 03 March 2009

The Japan Time – Myanmar refugee speaks out for Muslim group – 04 March 2009

International Herald Tribune – ASEAN: Myanmar must treat Muslim migrants better – 04 March 2009

Reuters – Myanmar’s Rohingya: A chronic humanitarian crisis – 04 March 2009

North Korea is Prepare for “A Satellite Launch”

By Ariel Lin
Impunity Watch Reporter, Asia

PYONGYANG, North Korea – North Korea military officials and the U.S.-led UN Command met for talks at Panmunjom today.  It is the first time in seven years after the tension rises over North Korea planned rocket launch.  According to the U.N. Command, North Korea requested this meeting to discuss tension reduction on the Korean Peninsula.

During the talk, North Korea complained the forthcoming joint military exercises by South Korean and U.S. troops.  Froom March 9 to 20, South Korean and U.S. troops will hold the annual joint military exercise.  About 12,000 U.S. troops stationed in South Korea and 14,000 from off-peninsula, along with South Korean forces will be involved in the exercise.  North warned US and South Korea to stop “provocations” in the area or face retaliation.  The United Nations Command said they discussed ways to ease tensions and agreed to further talks.

Fears of a border clash escalated as North Korea prepare to test a long-range missile for what it calls a satellite launch.  North Korea may launch the test missile in the middle of March to match the timing of the South Korea and U.S. joint military exercises, the Japanese newspaper, Sankei reported.  Satellite images show a launch pad is being prepared, the report cites an unidentified official at Japan’s Ministry of Defense.  South Korean news media also report North Korea is testing radar and other monitoring equipment in preparation for a satellite launch.  North Korea has rejected calls to give up the launch.

South Korea and US say the test missile could theoretically reach Alaska. Russian Foreign Minister Sergei Lavrov called for “restraint”.  He says that no one forbids anyone to launch satellites, but on the other hand, we must understand what kind of missile this is.  At the same time, the South Korean and Japanese foreign ministers agreed a rocket launch for any reason would violate a UN resolution passed after the last missile test in 2006.

For more information, please see:

AFP – North Korea, UN hold talks amid border tensions – 02 March 2009

CNN – Rare North Korea, U.N. talks last 32 minutes – 02 March 209

Korean Time – NK Holds Rare Meeting With UN Command – 03 March 2009

International Herald Tribune – South Korea’s Lee calls on North to stop missile plans – 03 March 2009

Voice of American – North Korea Requests Rare Meeting With UN Command – 02 March 2009

Voice of American – South Korea: North Testing Radar, Ahead of Planned Launch – 02 March 2009