Asia

The Taliban Ramp up Violence with Afghan Border Attack

By Kevin M. Mathewson
Impunity Watch Reporter, Asia

KANDAHAR, Afghanistan — Militants have killed at least 11 Afghan policemen at a checkpoint on the Pakistani border. The Taliban has claimed responsibility for the attack.

The attack took place on the border of Pakistan. (Photo courtesy of BBC News)

The Taliban, a hard line Islamic group, has proved to be a major threat to the Afghan government.

The attack took place against a series of border check posts in the Shorabak District of Kandahar Province.

Insurgents attacked the border post in the early hours of Sunday morning, said a spokesman for the Kandahar police. In the overnight attack the Taliban insurgents used heavy weapons, including mortars. The insurgents then escaped back across the border to Pakistan, where they are believed to be based.

Also on Sunday, in an unrelated attack, two coalition soldiers were killed by an improvised explosive device in eastern Afghanistan.

Then early Monday morning, a district intelligent chief was assassinated on his way to work. Abdul Hussein was sprayed with bullets as he was riding a motorcycle Monday morning near the city of Kunduz.

No one immediately claimed responsibility for these attacks.

The attack on the border police on Sunday comes less than a week after insurgents ambushed a police convoy in the Badakhshan Province in northern Afghanistan, killing 10 and taking 16 prisoners.

The Taliban have ramped up their violence on security officials as foreign forces prepare to withdraw before the end of next year. Afghan police are in the forefront of the fight against Taliban militants. In 2012, more than 2,000 Afghan policemen were killed.

For further information, please see:

NY Times – 11 Officers Killed as Taliban Strike Afghan Border Post – 23 September 2013

BBC News – Afghanistan Taliban kill 11 police in Kandahar province – 23 September 2013

The Daily Star – Afghanistan: Taliban kill 11 border police guards – 23 September 2013

The Hindu – Taliban kill 11 border police guards in Afghanistan – 23 September 2013

News Times – Afghanistan: Taliban kill 11 border police guards – 23 September 2013

India’s Cabinet Passes Executive Order Protecting Convicted Politicians

By Brian Lanciault

Impunity Watch Reporter, Asia

NEW DELHI, India– India’s cabinet moved to shield politicians found guilty of crimes by passing an executive order on Tuesday that could allow convicted lawmakers to continue to hold office and stand in elections, ahead of national polls due by next May.

People gather outside the Indian Parliament building during its session. (Photo courtesy of Reuters)

About thirty percent of Indian lawmakers across federal and state assemblies have pending criminal charges against them, and following a Supreme Court order in July, many faced being expelled from their seats. In response, the ruling congressional party had already moved a parliamentary bill to partially reverse the decision of the court, which held that any lawmaker found guilty of a crime could no longer hold or run for elected office.

The current ordinance is believed to resemble the content of the parliamentary bill, which would allow lawmakers facing criminal charges to continue taking part in parliamentary proceedings such as debates, but would not permit them to vote or receive a government salary.

The bill has not yet passed through India’s historically slow-moving parliament. Some commentators believe the government sprung to action in light of the possible corruption conviction of a key electoral ally of the majority,  in a case set to conclude next week.

“When it comes to saving their convicted brethren, they act with lightning speed,” said Amulya Ganguli, a political analyst.

Following India’s 2009 general election, some thirty percent of the lawmakers sworn into the federal and state assemblies had criminal charges against them, according to an analysis by the Association for Democratic Reforms, an advocacy group.

In the Lok Sabha, the lower house of the national assembly, 162 of the 543 MPs indicated that there were pending criminal cases against them in sworn affidavits filed prior to elections. In the state assemblies, 1,258 of the 4,032 lawmakers declared criminal charges. The amount of subsequent convictions remains unknown.

Before July’s Supreme Court order, Indian lawmakers had been able to capitalize on a loophole whereby those who filed appeals within three months of a guilty verdict could stay in office.

The ordinance must be signed by Indian president Pranab Mukherjee in order to become law. The law must be ratified by parliament within six weeks of the next parliament session. Analysts suspect it will pass with ease.

“There is widespread support for this among the political class,” said Neerja Chowdhury, a political commentator and former political editor of The Indian Express newspaper.

The case due to conclude next week involves Lalu Prasad, a former chief minister for the eastern state of Bihar, and a frequent ally of the ruling congressional party. Prasad is accused of participating in a scam where money was allegedly taken from state treasuries to provide fodder for herds of livestock that later turned out to be non-existent.

“Lalu Prasad’s possible conviction could have prompted the cabinet to pass this ordinance,” Chowdhury said. “There are some who feel that…if they get Lalu Prasad on board they can win Bihar.”

Bihar is one of India’s most important electoral states.

Another influential figure, Rasheed Masood, a majority party member of India’s upper house and a former health minister, was found guilty last week in a corruption case. He was to be the first lawmaker to be affected by the Supreme Court order, according to local reports.

Numerous politicians have been charged with serious crimes such as rape and/or murder. Elected office is lucrative in a country where black markets often thrive under political protection. Political parties are often open to criminal syndicates who bring with them campaign financing.

For more information, please see:

Reuters — India’s cabinet moves to protect politicians convicted of crimes — 24 September 2013

Times of India — Cabinet clears ordinance to shield convicted lawmakers — 24 September 2013

Hindustan Times — Gov’t may bring ordinance to save tainted lawmakers — 23 September 2013

Zee News — Cabinet paves way for convicted MLAs, MPs to contest elections — 24 September 2013

Bloomberg — India Cabinet Counters Step to Ban Convicted Lawmakers, PTI Says — 24 September 2013

Terror Suspect Escapes Indian Court

By Kevin M. Mathewson
Impunity Watch Reporter, Asia

MUMBAI, India — A manhunt has been launched in Mumbai, India after a suspected member of the militant group Indian Mujahideen (IM) escaped from court on Friday.

Afzal Usmani was arrested in September 2008. (Photo courtesy of Mumbai Police)

Afzal Usmani, a Mujahideen operative accused in the 2008 Ahmedabad bombings, escaped from a special Maharashtra Control of Organized Crime Act (MCOCA) court after a major security lapse.

Usmani had erlier tried to escape from a crime branch headquarters after his initial arrest in 2008.

Sometime after lunch on Friday, drama unfolded in the courtroom. As a lawyer began his argument, a police escort rushed in and informed the special judge that Usmani was missing. The court then decided to defer the framing of charges till September 25. Arrest warrants have been issued for Usmani’s arrest.

Along with Usmani, four other suspects accused in the Ahmedabad bombings, who are currently out on bail, also appeared before the court.

Special Judge AL Pansare termed the escape a “serious offense”. “It is negligence on the part of the escort team which brought the accused to court,” the judge said.

Usmani was one of 21 IM members arrested on charges of criminal conspiracy after the 2008 bombings in Ahmedabad and Surat. It’s alleged that Usmani was involved in stealing four cars that were used to transport the explosives to Ahmedabad and Surat. Nearly 50 people died in 17 blasts in Ahmedabad.

Faiz Usmani, Afzal’s brother, died after questioning by police in connection with the Mumbai blasts of 2011. The Usmani family alleges that he had been tortured, but an autopsy determined that he died of a heart attack.

The escape of Afzal Usmani raises serious question about police negligence and the security system in place for transporting inmates to and from jail.

For further information, please see:

BBC News – India hunt as terror suspect Afzal Usmani flees Mumbai court – 20 September 2013

The Indian Express – Indian Mujahideen operative, arrested in Guj blasts case, escapes from Mumbai court – 20 September 2013

The Times of India – Usmani, who fled from court, helped crack IM module in Mahrashtra – 20 September 2013

The Economic Times – Indian Mujahideen operative Afzal Usmani escapes from Mumbai court – 20 September 2013

Hindustan Times – Terror suspect Afzal Usmani escapes from court in Mumbai – 20 September 2013

U.N. Report Calls For International Action Against North Korean Human Rights Abuses

By Brian Lanciault

Impunity Watch Reporter, Asia

PYONGYANG, North Korea– United Nations experts investigating human rights conditions in North Korea announced Tuesday that the “shocking” evidence they had collected from defectors and others suggested “large-scale” patterns of abuse. They called for an immediate international response.

Chair of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea Michael Kirby presents new findings of human rights abuses in North Korea. (Photo courtesy United Nations)

The Human Rights Council initiated the investigation in an attempt to bring greater attention to allegations of abuse at the North’s infamous gulags. Tales of abuse have been spilling out for years as more people have escaped the brutal police state. Until recently, world leaders, including the United States, had focused on attempts to dismantle the North’s nuclear weapons program, paying little mind to the alleged abuse.

The chairman of the three-member Commission of Inquiry, Michael Donald Kirby, told reporters that the testimony he heard regarding abuses evoked reactions similar to the discovery of concentration camps after World War II.

He cited the statements of a former prisoner who reported seeing another woman forced to drown her baby in a bucket, and the account of one man who said he was forced to collect and burn the bodies of prisoners who died of starvation. Experts say the number of prisoners in these camps has declined in recent years to an estimated 120,000 or fewer from a possible high of 200,000; however that might be partly attributable to high mortality rates in the camps.

“The great value” of the report, said Eileen Chamberlain Donahoe, a United States ambassador to the Human Rights Council, is that “it has begun to shed light on the horrifying realities of life in North Korea and raise international awareness of the ongoing tragedy and barbaric conditions there.” She also said the findings demonstrated a “small but significant crack” in the North Korea’s “information blockade.”

The findings of the three-member Commission were part of an interim report to the council; the final report in March is expected to be presented to the United Nations General Assembly.

It is unclear yet what actions the United Nations might take, if any. A referral to the International Criminal Court for human rights abuses would need approval from the Security Council, which includes North Korea’s greatest ally, China.

Although China did not oppose the investigation, a senior Chinese diplomat in criticized the interim findings. “Politicized accusations and pressures are not helpful to improving human rights in any country,” Chen Chuandong said, according to Reuters. “On the contrary, they will only provoke confrontation and undermine the foundation and atmosphere for international human rights cooperation.”

Mr. Kirby said the panel had submitted multiple requests seeking cooperation and access to North Korea, including a letter to the country’s leader, Kim Jong-un. The Pyongyang regime responded that it “totally and categorically rejects the Commission of Inquiry.”

A senior North Korean diplomat in Geneva, Kim Yong-ho, said Tuesday that the evidence suggested by the panel had been “fabricated and invented” by North Korea’ enemies, and dismissed the commission as “a hotbed of confrontation and distrust.”

Mr. Kirby said that he had invited North Korea to provide hard evidence that refuted any of the testimony received, but that none was forthcoming.

For more information, please see:

New York Times — U.N. Panel Urges International Action on North Korean Human Rights Abuses — 17 September 2013

Rappler — UN probe exposes shocking North Korea rights abuses — 18 September 2013

Reuters — North Korea rejects U.N. rights report political — 17 September 2013

ABC News — Michael Kirby delivers scathing assessment of North Korea human rights abuses to UN — 17 September 2013

BBC — North Korea: UN rights probe shows ‘unspeakable atrocities’ –17 September 2013