News

China Prepares to Try Seven More in Crackdown on Dissent

By Brian Lanciault

Impunity Watch Reporter, Asia 

BEIJING, China– Approximately seven Chinese activists who advocated for greater rule of law, fairer access to education and other issues are being put on trial this week as the government once again reinvigorates its campaign to stomp out dissent.

Xu Zhiyong faces trial for “gathering a crowd to disrupt public order” after organizing several rallies demanding educational and political reform. (Photo Courtesy of AP)

The premiere case is scheduled for Wednesday morning in Beijing as lawyer Xu Zhiyong, founder of the loose-knit New Citizens Movement, goes to court on charges of gathering a crowd to disrupt public order.

Xu is the highest-profile activist to be tried since Liu Xiaobo was sentenced to 11 years in prison on subversion charges in 2009. Xu won the Nobel Peace Prize in 2010. Expectations had risen since then that new President Xi Jinping might be more open to free speech, but those hopes have largely subsided, and a media blackout on Xu’s case has left most mainland Chinese ignorant of the proceedings.

Prosecutors allege that Xu and others incited hundreds of people to gather in front of government buildings, train stations, and universities in Beijing in 2012 and 2013. The demonstrators, according to the government, unfurled banners and handed out leaflets regarding education reform and asset disclosure for government officials. The charges carry a maximum penalty of five years in prison.

But it is the wider spectrum of Xu’s activities that have probably alarmed authorities, at least according to analysts and Xu’s close allies. Although Xu has been more cautious in his public statements than Liu, he has encouraged events such as dinner gatherings at so-called “dissident” discourse is permitted.

Feng Chongyi, an associate professor at the University of Technology in Sydney, who studies Chinese political movements, suggested that “They have been talking about a new sort of activism, the need to take new action, not only talk. The security people have made the judgment that they could be facing serious demonstrations. This is a preemptive strike…. They want to take out the leaders and organizers, and send a clear signal that no one is allowed to organize street protests.”

Xu’s rose to prominence in 2003 when he became involved in an unexpectedly successful campaign to abolish rules regarding police detentions of people found without urban residency permits.  His Open Constitution Initiative law firm took on several dicey cases, defending the editor of a hard-hitting newspaper and representing parents whose children had been sickened or killed by milk additives. In 2009, the firm was hit with tax evasion charges.

Xu then founded the New Citizens Movement, which he said is aimed at treading “a new path for the Chinese nation, a path toward liberty, justice and love.”

Xu was placed under house arrest in April, detained in July and formally arrested in August. His lawyer, Zhang Qingfang, said he visited Xu on Tuesday morning and that he seemed calm ahead of the trial.

Zhang said he and Xu planned to remain silent throughout the hearing as a means of objecting to what they deem to be an irregular and unfair procedure imposed by authorities. Xu plans to provide a brief concluding statement.

A major concern, according to Zhang, was prosecutors’ decision to hold separate trials for the activists.  Prosecutors have also refused to allow witnesses to appear in court and be questioned. Prosecutors had listed 68 witnesses against Xu, Zhang said, but would permit only their statements to be entered into the official record. Zhang’s efforts to bring five defense witnesses to the courtroom were rejected.

“This whole trial is being conducted in a black box, where we cannot actually see the entire process,” he said. “I always hope and strive to represent my clients in a fair trial, but this is not fair, so I will keep silent.”

For more information, please see:

New York Times–In China, a Week Full of Trials over Dissent–21 January 2014

Global Times–Xu Zhiyong set for Wed. Trial–21 January 2014

Voice of America–Prominent Rights Activist Faces Trial in China–21 January 2014

Los Angeles Times–Activists on trial as China steps up campaign against dissent–21 January 2014

Ukraine Restrains Protesters with New Laws against Anti-Government Expression

By Ben Kopp
Impunity Watch Reporter, Europe

KYIV, Ukraine – New prohibitions recently signed into law were reported to make anti-government expression more difficult in Ukraine. Strong criticism has come from western countries.

Protesters rallied against Ukraine’s government amidst rising tensions, many taping “dictatorship” over their mouths. (Photo courtesy of Guardian)

In late November 2013, Ukrainian President Viktor Yanukovich sparked massive pro-Europe rallies when he abandoned a free trade deal with the European Union, in favor of stronger ties with Russia. The deal would have been not only a landmark, but also a step toward Ukraine’s future entrance into the EU.

Since the free trade deal collapsed, hundreds of thousands of Ukrainians began protesting against the government on the streets of Kyiv; and several hundreds of people began camping out in the city’s Independence Square as well as the area surrounding City Hall.

Action from riot police injured several in the final week of 2013. The United States and EU condemned that violence.

On 16 January 2014, Ukraine’s parliament rushed to pass laws prohibiting nearly all forms of anti-government protests, despite scuffles with opposition lawmakers who attempted to prevent the parliament session. The next day, President Yanukovich signed those prohibitions into law.

“I am deeply concerned by the events in Kyiv,” EU Foreign Policy Chief Catherine Ashton said, adding that the legislation was “restricting the Ukrainian citizens’ fundamental rights.”

U.S. Secretary of State John Kerry said, “The steps that were taken yesterday are anti-democratic, they’re wrong, they are taking from the people of Ukraine their choice and their opportunity for the future. We will continue to stay focused on this issue, but this kind of anti-democratic maneuver is extremely disturbing and should be a concern to every nation that wants to see the people of Ukraine be able to not only express their wish but see it executed through the political process.”

Ukraine Foreign Minister Leonid Kozhara accused the West of “meddling in the internal affairs of our state.”

The new laws prohibit unauthorized tents, stages, or amplifiers. Anyone, including organizations, providing such equipment or facilities for protests would be liable to a fine or detention of up to fifteen years for “mass violation” of public order.

“The law fully restricts all types of expression, across all platforms. It makes it possible to shut down websites, block access to the Internet. It makes it possible to control all SIM cards so they can track any person who says something bad about the government at a forum, on blogs, or even from a mobile phone,” says Director of Kyiv’s Media Law Institute Taras Shevchenko.

Ukraine’s new bans on anti-government protest added to tensions that were scheduled to appear at a new rally—called by the opposition—in Kyiv on 19 January 2014.

During the laws’ enactment, Yanukovich fired his chief-of-staff, Serhiy Lyovochkin, who allegedly wanted to step down after the 30 November 2013 riot police attack against student protesters. However, reports of Lyovochkin’s desire to leave were officially denied, and Yanukovich’s office gave no reason for Lyovochkin’s departure.

Western states are now left to wonder how much further Ukraine’s government is willing to return to Soviet-era relations.
For further information, please see:

Guardian – Ukrainian President Approves Strict Anti-Protest Laws – January 17, 2014

RadioFreeEurope RadioLiberty – Does ‘Black Thursday’ Mark End of Ukraine’s Democratic Decade? – January 17, 2014

Reuters – Ukraine Leader, Defying West, Signs Laws against Protests – January 17, 2014

RIA Novosti – Ukrainian Leader Signs Laws Dubbed “Charter for Oppression” – January 17, 2014

UN Panel Questions Vatican on Child Sex Scandal

by Tony Iozzo
Impunity Watch Reporter, Europe

GENEVA — A United Nations panel questioned representatives from the Vatican on Thursday about its handling of decades worth of reports regarding sexual abuse by members of the clergy.

Reps from the Vatican were peppered with questions by the UN panel on Thursday. (Photo courtesy of Al Jazeera)

Thursday’s panel was the first such interrogation of the Vatican by an international body. The United Nations committee in Geneva is examining the Vatican’s failure to adhere to the United Nations Convention on the Rights of the Child. The UNCRC calls on countries that adopt the agreement to protect children from sexual and physical abuse. The UN committee will issue final observations and recommendations on February 5th, but it has no authority to issue sanctions, and its recommendations are nonbinding.

The Vatican representatives contended that the sexual abuse cases were not the responsibility of the Vatican, but rather of local law enforcement and local dioceses to investigate and prosecute the offenders. The representatives did concede that the Church could “do better to prevent these crimes.”

“The Holy See gets it. Let’s not say too late or not, but there are certain things that need to be done differently.” Bishop Charles J. Scicluna, the Vatican’s chief prosecutor of sexual abuse up until 2012, stated to the panel.

The Center for Constitutional Rights submitted documents and victims’ testimony as evidence that the Vatican had allowed sexual abusers to remain in their posts and even transported them to different locations without informing law enforcement officials or local dioceses.

The UN panel questioned Bishop Scicluna about why the Vatican does not require local dioceses to report abusive conduct to authorities. “Our guidelines have always said the domestic law of the country needs to be followed,” he simply stated.

During Thursday’s UN panel, Pope Francis participated in a morning Mass with a private audience and Cardinal Roger M. Mahony, the former archbishop of Los Angeles. Last year, leaked documents revealed that Cardinal Mahoney had a history of protecting priests accused of sexual abuse. The documents were released via a court-order, and Cardinal Mahony was relieved of his duties shortly thereafter.

At the Mass, the Pope delivered a homily about scandal in the church, never mentioning sexual abuse, but speaking to “those failings of priests, bishops, laity.” Francis stated, “Scandals in the church happen because there is no living relationship with God and his word.”

For more information, please see:

Al Jazeera – Vatican Defends Child-Protection Record – 16 January 2014

BBC News – UN Panel Confronts Vatican on Child Sex Abuse by Clergy – 16 January 2014

The Guardian – UN Condemns Vatican Over Handling of Clerical Sex Abuse of Children – 16 January 2014

New York Times – UN Panel Questions Vatican on Handling of Clergy Sexual Abuse – 16 January 2014

The Washington Post – Vatican Defends Sex Abuse Record to UN Panel – 16 January 2014

India Investigates Gang-Rape of Danish Tourist, Calls for Judicial Reforms

By Brian Lanciault
Impunity Watch Reporter, Asia

NEW DELHI, India–Leaders of Indian ruling Aam Aadmi Party (AAP) condemned the rape of a 51-year-odl Danish tourist.  The incident occurred near the New Delhi railway station.  AAP stressed a need for expedient court proceedings and a desire to reign in the authority of the Delhi Police, restructuring the institution under the state government.

Police investigate the crime scene where a 51-year-old Danish tourist was allegedly raped by six men at knifepoint. (Photo Courtesy of AP)

The 51-year-old was robbed and then raped by a gang of six on Wednesday afternoon when she asked for directions to her hotel.

“This is a dangerous situation, and he (Delhi chief minister Arvind Kejriwal) has spoken to the lieutenant-governor (Najeeb Jung). Now the LG, the chief minister and the police commissioner will meet to review the rape incidents that have occurred in the last one year,” Delhi education minister Manish Sisodia told reporters.

“We will also request the Chief Justice of India to take all the rape cases to fast track courts, so that the strictest punishment is meted out to the culprits,” Sisodia said.

Scrutiny of sexual violence in India has grown since the 2012 gang rape and murder of a student on a Delhi bus. The government tightened laws on sexual violence last year after widespread protests following the attack.

AAP leader Kumar Vishwas stressed that the Delhi Police must be brought under the jurisdiction of the state government to preserve efficiency and integrity. Delhi Police are currently under the jurisdiction of the Union government.

“Delhi Police should be brought under the state government. This is an old demand of ours, so the chief minister and central government should make an effort,” Vishwas said.

He said that since Delhi Police remain under the central government, they cannot work properly.

Demanding a home minister on the state level, Vishwas said: “If any such incidents happen in Delhi, there should be a home minister, so that he can look after the Delhi affairs. It otherwise becomes a long affair which includes contacting and consulting the centre.”

The Danish woman, who came to India on January 1, went to visit a museum on Tuesday afternoon but then lost her way back to her hotel in Paharganj.  Paharganj is a major tourist city at the center of Delhi.

Around 4pm a group of men lured her to an isolated spot where she was robbed of her iPad and cash and then raped by six men, one of whom held a knife.

“She reached her hotel and reported the incident to the manager who called in the police and the investigation is now under way,” police spokesman, Rajan Bhagat said.

No arrests have been made yet, but police are questioning a number of men in connection with the attack

 For more information, please see:

Times of India–Danish woman’s gang rape: AA seeks control over Delhi police–15 January 2014

BBC News–Danish woman gang-raped in Indian capital Delhi— 15 January 2014

The Globe and Mail–Danish tourist gang-raped, robbed after getting lost in New Delhi— 15 January 2014

National Post–Danish tourist gang-raped in Inian capital after asking for directions, police say— 15 January 2014

200 Sudanese Drown While Fleeing From Fighting

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

KHARTOUM, Sudan – More than 200 civilians in South Sudan have drowned in a Nile ferry accident while fleeing fighting in the town of Malakal, an army spokesman told the BBC.

More than 19,000 people seek shelter at the UN base in Malaka (photo courtesy of AFP).

Women and children were among the victims in the disaster.

About 350,000 people have been displaced due to the fighting between the South Sudanese government and rebel forces, the UN reported.

Malakal, the gateway to the oilfield of the Upper Nile region, has been allegedly captured by the rebels.

The army spokesman denies this. Instead, the spokesman claims that the rebels have been pushed back after heavy fighting in the city of Malakal.

“The reports we have are of between 200 and 300 people, including women and children. The boat was overloaded,” Philip Aguer, another army spokesman, told AFP.

“They all drowned. They were fleeing the fighting that broke out again . . . .”

The fighting has caused many people in South Sudan to seek shelter elsewhere; hence, why so many people were on the boat that sank. However, many report that they cannot even afford to escape because they do not have the money to pay to get on the boat.

Many people use the river to escape.

One refugee reported to BBC that he had to borrow money in order to escape. He paid 150 Sudanese pounds, equally 66 dollars.

Recently, over 9,000 people have arrived at the UN base in Malakal seeking shelter. This number nearly doubles the number of people who have been seeking shelter.

Talks aimed at securing a ceasefire in South Sudan are currently taking place in the Ethiopian capital of Addis Ababa.

This violence stems from December 15. The clash has been between loyalists to the President Salva Kiir and soldiers backing Riek Machar, Kiir’s former vice-president.

President Kiir is a member of South Sudan’s largest ethnic group, while Machar is from the second largest ethnic group.

The clash between the two groups has seen mass killings along ethnic lines.

The UN has reported that it estimates more than 1,000 deaths since the fighting has begun on December 15, only one month ago.

For more information, please visit:

BBC News – South Sudan Nile ferry sinks with more than 200 dead – 14 January 2014
Now.media – South Sudan Nile ferry sinks with more than 200 dead – 14 January 2013
Lehigh Valley Business – World: South Sudan Nile ferry sinks with more than 200 dead – 14 January 2014
Democratic Underground – South Sudan Nile ferry sinks with more than 200 dead – 14 January 2014
Lebanese Republic – South Sudan Nile ferry sinks with more than 200 dead – 14 January 2014
Obuoba FM – South Sudan Nile ferry sinks with more than 200 dead – 14 January 2014