Oceania

Australia Approves Extradition of Alleged War Criminal

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia – Australia has approved the extradition of 88-year-old Australian citizen Charles Zentai, who is accused of killing a Jewish teenager in Hungary back in 1944 during World War II. Zentai now faces a war-crimes trial in Budapest, Hungary.

Zentai is accused of contributing to the torturing and killing Peter Balazs, who was 18 at the time of his death. Two other soldiers were jailed over the murder in the late 1940s.

Zentai immigrated to Australia in 1950, and has resided in Australia ever since.

The extradition request was first received from Hungary in 2005. Home Affairs Minister Brendan O’Connor has now approved the extradition request. O’Connor expressed that Australia “takes war crimes seriously and will not be a haven for alleged criminals.”

O’Connor emphasized that Australia’s approval of extradition was not based on the guilt or innocence of Zentai. The decision was about “whether or not Mr. Zentai should be surrendered to Hungary in accordance with Australia’s extradition legislation and its international obligations.” O’Connor stressed the importance of cooperating effectively, on matters of justice, with countries around the world.

Hungarian authorities have two months to carry out the extradition. During these two months, Zentai can appeal against the decision.

Ernie Steiner, son of Zentai, seeks to apply for judicial review by the Federal Court. He vows to fight his father’s extradition to Hungary.

Steiner stated in an interview: “I would like the Hungarians to tell us how they could possibly give my father a fair trial in the absence of any living witnesses. It’s against the human rights conventions. [F]or anyone to receive a fair trial they must have the right of being able to cross-examine witnesses who made statements against them.”

Steiner hopes to take the case outside the narrow legal confines of extradition law by seeking judicial review. He argues that this would allow for a more fair trial and allow his father’s side to be heard.

Zentai denies that he was involved in the fatal killing in Budapest. He adds that he was not even in Hungary at the time of the murder.

Zentai worries that the situation in Hungary is “not the best,” and that Hungary is far from being a democratic country.

The allegations were brought by the Simon Wiesenthal Center, a Jewish human rights organization known for tracking down alleged Nazi war criminals. Zentai is listed among the Center’s 10 most wanted suspected former Nazi war criminals for participating in manhunts, persecution, and murder of Jews.

Spokesman for the Center, Efraim Zuroff, stated that he was “frustrated with Zentai’s contintued attempts to obstruct the case with irrelevant legal and technical challenges.”

Zuroff praised the extradition approval, calling it “a great day for Australia and Hungary, and for justice.”

For more information, please see:
Australia.to World News – Extradition of Alleged War Criminal Approved – 13 November 2009

Google News – Alleged war criminal to fight extradition from Australia – 13 November 2009

Yahoo News – Alleged war criminal to fight extradition from Australia – 13 November 2009

European Jewish Press – Australia approves extradition of ‘war criminal’ to Hungary – 12 November 2009

Haaretz – Australia approves extradition of accused Nazi war criminal to Hungary – 12 November 2009

M&G Asia Pacific – Australia to extradite alleged war criminal to Hungary – 12 November 2009

New Zealand Refuses to Help Asylum Seekers

By Cindy Trinh
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand – New Zealand rejected the Rudd Government’s plea to resettle some of the 78 asylum seekers refusing to leave an Australian customs boat, the Oceanic Viking, just off the coast of Indonesia. New Zealand’s refusal to help the asylum seekers has increased pressure on the Rudd Government as it tries to resolve the stand-off over the Oceanic Viking.

The Oceanic Viking consists of a group of Tamil men, women, and children. This group has been on board the Oceanic Viking since their boat was intercepted off Christmas Island over 3 weeks ago.

New Zealand’s Immigration Minister, Jonathan Coleman, announced that New Zealand will not grant the Rudd Government’s plea to resettle some of the asylum seekers.

Coleman further stated: “The New Zealand Government does not believe that an ad hoc approach to dealing with individual cases like the Oceanic Viking will send the right message…The broader issues aren’t going to go away. There are literally thousands of displaced people across the Asia-Pacific region.”

Further opponents argue that agreeing to resettle the asylum seekers would “set an unwanted precedent for New Zealand’s conservative Government.”

Coleman expressed his fear and wary for rewarding actions that seek to “jump the queue for entry to New Zealand.” He concluded that it is unlikely that New Zealand will offer settlement to asylum seekers on board the Oceanic Viking.

Coleman’s Australian counterpart, Chris Evans, also agrees that it is unlikely that New Zealand will offer settlement to asylum seekers on board the Oceanic Viking, but is hopeful to an ongoing co-operation with New Zealand regarding this matter.

Conflict between Indonesia and Australia continues. The chief military spokesman from Indonesia, Rear Marshal Sagom Tamboen, called the Oceanic Viking an “uninvited guest” and contends that its presence has undermined Indonesian sovereignty.

Tamboen expressed frustration with the inability of Australian officials to persuade the 78 asylum seekers to disembark. Angry with the presence of the Oceanic Viking, he stated: “It creates so much harm to us because we must do work that is not on our planned agenda, namely guarding an uninvited guest. It is harming our sovereignty. It has only brought troubles into our waters.”

Tamboen attacked Australia’s reluctance to solve the problem and questioned why such a wealthy country like Australia did not simply accept the asylum seekers on its own shores.

The Oceanic Viking security clearance to remain in Indonesian territory runs out on Friday, November 13. Indonesia announced that it is not inclined to extend that security clearance.

Australian immigration officials went on board the Oceanic Viking to negotiate with the asylum seekers, but they expressed that no deal had been reached. The asylum seekers would be happy with an offer of settlement on Australian soil, but if they were to be settled on Indonesian soil, they want to stay in regular housing. Many of the asylum seekers contended that when they stayed at an Australian-funded detention center in Indonesia they suffered physical and emotional trauma as a result.

The Prime Minister, Kevin Rudd, and the Foreign Minister, Stephen Smith, plan to attend the APEC conference in Singapore where they will seek progress on regional co-operation on people smuggling.

For more information, please see:
The Age – NZ rejects Rudd Government plea on refugees – 11 November 2009

Islands Business – NZ rejects Rudd Government plea on refugees – 11 November 2009

MyBIZ – NZ rejects Rudd Government plea on refugees – 11 November 2009

WAtoday – NZ snubs Rudd on asylum seekers – 11 November 2009

Inquiry Reveals Corruption Within PNG Immigration Department

By Eileen Gould
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – Papua New Guinean immigration officials state that the Foreign Affairs and Immigration Department lacks sufficient resources to prevent foreigners from entering the country.

As a result of an anti-Asian riot, which occurred last May, the government has undertaken an inquiry into Department practices, to determine just how a large number of foreigners received entry visas.

Last May’s riot in Port Moresby was started by a non-governmental group, who claimed that foreigners, who entered the country illegally, took jobs away from locals who would otherwise do them.

The protest sparked rioting and looting of Asian-owned stores.

The Parliamentary Bipartisan Committee has found that foreigners have been able to enter Papua New Guinea, secure employment, and start their own businesses.

Elias Woangu, the Deputy Secretary for Foreign Affairs and Trade, stated that the government only employs thirty officers to handle visa applications.  The lack of manpower makes it difficult to monitor individuals entering and leaving the country.

Papua New Guinea is currently home to approximately 15,000 illegal residents.

The Committee found that many foreigners have been able to bribe their way into the country.  Officials not following proper procedure have accepted bribes when issuing or renewing visas and passports.

Several officers have been penalized for this corrupt behavior.

The Deputy Secretary also noted that the lack of resources has made it difficult for the department to deport illegal immigrants and other individuals who have overstayed their visas.

Papua New Guinea does not have detention centers to hold illegal immigrants.
Mr. Woangu also told the Committee that citizens have threatened immigration officials who have tried to deport illegal immigrants.  In one instance, officials who attempted to deport a foreigner, who had married a local woman, but were subsequently threatened by his in-laws.

The Committee is due to conclude its investigation in two weeks.  At that time, it will report its findings to the Parliament and make recommendations for reforming immigration, labor, and business laws.

For more information, please see:
Pacific Media Center – PNG Parliamentary Committee “Shocked” at Immigration Corruption – 07 November 2009

Radio New Zealand – PNG Parliamentary committee “shocked” at immigration corruption – 06 November 2009

Sydney Morning Herald – PNG inquiry hears claims of Asian crime – 06 November 2009

The National – PNG citizens protecting aliens, inquiry told – 05 November 2009

Radio Australia News – No monitoring of visitors, PNG inquiry told – 05 November 2009

Former Fiji Human Rights Commissioner Says Deportation of Academic Lal is Unacceptable

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – A former Fiji Human Rights Commissioner, Shamima Ali, says the treatment of Dr. Brij Lal is shocking and unacceptable. Lal was threatened when he was questioned by the Fiji military, and was deported to Australia after he was questioned.

Lal is an Australian academic who was originally born in Fiji.

Earlier this week, Lal commented on the interim regime’s expulsion of top New Zealand and Australian diplomats in an interview with ABC.

Soon after, Lal was confronted by the Fiji military and questioned extensively. Lal reports that military authorities came to his house and took him to the barracks for questioning. Lal says he was subjected to intense verbal abuse, foul language and explosive anger while he was in detention in Suva.

The military gave Lal only 24 hours to leave Fiji. He was immediately deported to Australia.

Ali strongly criticizes the military’s actions, and stated: “This is like taking us back to the early days of the coup; the military taking people in and I’m not at liberty to say exactly what he went through, but he was humiliated and sworn at and belittled and threatened…”

Ali further criticizes the military’s behavior as being unacceptable: “I’m very concerned about what’s happening. We seem to be facing a deteriorating situation politically in this country. And when we thought that bridges have been mended that’s when it seems that it slipped out of our hands again. So it’s not a good place for Fiji to be at the moment.”

After Lal arrived in Australia, Lal commented that “he suffered nothing the people of Fiji don’t already suffer daily.” He returned to Australia with heightened diplomatic tensions resulting from the expulsions, which have left relations between Fiji, Australia, and New Zealand at a “new low.”

Amnesty International condemns the action taken by Fiji’s military against Lal. Amnesty reports that the military also told Lal that if he were to ever return to Fiji, he would be killed.

A researcher from Amnesty International, Apolosi Bose, says the situation in Fiji is deteriorating: “People were scared before, but the danger from Amnesty’s point of view is that Fiji’s situation will become worse as it becomes more isolated and away from all the scrutiny.”

Fiji’s immigration director, Major Nemani Vuniwaqa, denies that Lal was deported and expelled. He would not make any comments as to why Lal was questioned.

The Australian National University (ANU) is considering making a formal complaint to the Fiji government for its treatment of Lal.

Australia’s National Tertiary Education Union also condemns the actions of the Fiji military. The Union’s spokesman, Ted Murphy, says Lal’s expulsion is “a direct violation of free speech and academic freedom.”

Murphy also fears that the regime’s actions will destroy educational partnerships between Australia and Fiji.

For more information, please see:
Raw Fiji News – A former Fiji Human Rights Commissioner says treatment of academic is shocking – 06 November 2009

ABC Radio Australia – Fiji deports Fiji-born Australian academic Dr. Brij Lal – 05 November 2009

Radio New Zealand International – A former Fiji Human Rights Commissioner says treatment of academic is shocking – 05 November 2009

Radio New Zealand International – Amnesty critical of Fiji treatment of Australian academic Lal – 05 November 2009

Radio New Zealand International – Fiji deports academic Lal to Australia – 04 November 2009

Accused of Interfering With Fiji’s Affairs, Australia and New Zealand Diplomats Expelled

By Eileen Gould
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s military-run government has accused diplomats from Australia and New Zealand of meddling in its internal affairs and has ordered them to leave the country.

Fijian army chief Commodore Frank Bainimarama, who seized control of the government in a 2006 coup, believes that Canberra and Wellington were “engaged in a dishonest and untruthful strategy to undermine our judiciary, our independent institutions and our economy.”

The Fiji Foreign Affairs Minister issued a directive to Australia and New Zealand to recall their diplomats within twenty-four hours.

Australia and New Zealand, the most vocal countries in terms of criticisms of Fiji, have threatened to extend the travel ban imposed on all senior government officials to these judges.

Their interference stems from Fiji’s attempts to recruit Sri Lankan judges, who would replace those members of the judiciary who were fired last April because they declared Bainimarama’s government illegal.

Fiji’s chief justice Anthony Gates stated that its neighbors’ actions are unprecedented, especially in light of the fact that the judges did not violate any laws, either internationally or domestically.

Bainimarama further stated that Australia and New Zealand have “fail[ed] to understand that [he is] creating a country that will be based on equal and common citizenry, a country of modern laws, a country which will have true democracy.”

According to Australian Prime Minister Kevin Rudd, Bainimarama’s actions have forced them to take a “hardline approach to [this] regime” in order to prevent the “coup culture” from spreading to other nations in the Pacific region.

The Foreign Affairs Minister of New Zealand claims that the travel ban has been effective because it “incentivizes people not to be a part of the regime”.

The relationship amongst the three nations has been in decline since 2006, with New Zealand and Australia cutting defense ties and imposing travel bans on Bainimarama and the senior military officials.

Tensions have become increasingly intense in Fiji as Bainimarama has censored the media and extended military rule until 2014.

The Commodore refuses to hold elections for another five years, hoping to change the electoral system before holding a ballot.   He hopes to eliminate the racism and corruption that has plagued the country.

Under the current electoral system, individuals in some constituencies may only cast votes for those candidates within their ethnic communities.

Fiji’s population is ethnically diverse.  Tensions among various ethnic groups have resulted in three of the four coups which have occurred in the past twenty-two years.

In September, the Commonwealth of Nations, comprised of 53 states, suspended Fiji’s membership after the government refused to hold elections in 2010.  Further, the Commonwealth cut off aid and barred Fiji from participating in the 2010 Commonwealth Games.

Fiji has also been denied membership in the Pacific Islands Forum, a group of sixteen nations, including New Zealand and Australia.

The EU similarly extended the trade sanctions on Fiji in an attempt to force the government to address human rights abuses and restore democracy.

For more information, please see:
Bloomberg – Australia, New Zealand Expels Fiji’s Top Envoys as Row Escalates – 04 November 2009

Voice of America – Fiji’s Diplomatic Tussle with Australia, New Zealand Escalates – 04 November 2009

RTT News – Fiji Expels New Zealand, Australia Envoys – 03 November 2009