Suu Kyi, Myanmar Political Prisoner

By David L. Chaplin II
Impunity Watch Reporter, Asia

RANGOON, Union of Myanmar – The anticipated release of Nobel laureate Aung San Suu Kyi, scheduled for November 13, has placed the Burmese government under International pressure.  Suu Kyi’s National League for Democracy party won in a landslide election success in Myanmar in 1990, but the military junta overruled the results.  

Aung San Suu Kyis supporters rally at Burmas embassy in Tokyo yesterday
Aung San Suu Kyi's supporters rally at Burma's embassy in Tokyo yesterday

Suu Kyi, has become the icon of Myanmar’s pro-democracy movement and remains the military government’s most well-known opposition.  Myanmar has been under military rule since 1962. Critics say the coming elections aim to create a disguise of democracy. The regime recently passed a law that made her ineligible to stand in the November 7 election because of her court conviction, due to a bizarre incident in which an American swam to her lakeside home.

The November poll is part of the junta’s long-announced “roadmap to democracy”, but critics have dismissed it as a sham designed to keep the military in power.

The country needs to show the world that its November elections are credible by releasing Suu Kyi and all other political prisoners, U.N. Secretary-General Ban Ki-moon said this week.

“The regime has repeatedly claimed it intended to release her on various dates over the years and has then failed to follow through on its commitment to release her.  So, ultimately, I don’t tend to follow what they say, but rather what they do,” said attorney Jared Genser, who is based in Washington.

Mr. Ban said after Monday’s meeting, that the ministers had reiterated the need for the election process to be “more inclusive, participatory and transparent”.

Nyan Win, the foreign minister, rejected international condemnation on Tuesday, insisting that the junta is committed to a “free and fair” vote.

But, uncertainty continues to mount over whether the military regime will actually release the 65-year-old human rights and democratic activist, known reverently among Myanmar’s people as “The Lady”, will remain until the moment she appears in public.

Suu Kyi’s National League for Democracy (NLD) was forcibly disbanded in May, under the new and prohibitive election laws.

Government hurdles to opposition candidates include a fee of $500 per candidate, the equivalent of several months’ pay, for the majority of the Burmese people.

The National Democratic Force (NDF), a breakaway opposition party, is among those planning to contest the vote, a decision that put it at odds with Suu Kyi.

A Myanmar analyst based in Thailand said any release would come with conditions and that Suu Kyi “won’t be free to go out”.  “It’s a military dictatorship. No matter what the legal background of the issue, if they don’t want to release her, she won’t be released,” Aung Naing Oo said.

Along with promises to release Suu Kyi, the government, this week, moved to quash what it views as attempts to undermine the vote.

For more information, please see:

CNN World – Lawyers skeptical about Myanmar releasing Suu Kyi – 1 October 2010

Al Jazerra English – Suu Kyi to be ‘freed’ after polls – 1 October 2010

BBC – UN chief call for ‘inclusive’ Burma election – 27 September 2010

U.N. REPORT ON DR CONGO-KILLINGS MAY BE GENOCIDE

By Elly On
Impunity Watch Reporter, Africa

DR Congo-A UN report on killings of civilians in the Democratic Republic of Congo in 1994 has shed a new view on genocide. The report accuses Rwandan and Ugandan forces of participating in atrocious genocide of innocent civilians in DR Congo. Most of the civilians were children, women, elders, and the sick who were undernourished and posed no threat to the attacking forces.

In 1994, more than 800,000 people, mostly the ethnic Tutsi group members in Rwanda, were killed by the Hutu. A Tutsi-led government seized control over Rwanda and the Hutu military fled with Hutu civilians to Congo (known as Zaire at the time).  With the help of a Congolese rebel force, Rwanda invaded Congo to pursue the Hutu militias.

The 545-page UN report on the atrocities that took place during the war details 600 of the most serious reported atrocities. Then, it poses the question–whether Rwanda could be found guilty of genocide against the Hutu. The 600 atrocities include incidents and allegations of massacres of civilians, torture, and the destruction of infrastructures that led to deaths of civilians. Most of the victims were children, women, elderly people and the sick.

In response to the report, Uganda and Rwanda denied such allegations and called the report dangerous and deeply flawed. Paul Kagame, the President of Rwanda, threatened to withdraw its peacekeepers from the joint UN-African Union peacekeeping mission in Sudan’s Darfur region in response to the report. Uganda, also accused of atrocities, described the draft report as “deeply flawed” and had threatened to pull out of peacekeeping missions, such as Somalia.

 DR Congo’s permanent representative at the UN demands justice and that their voices be heard by his government and the international community.

For more information, please see:
BBC News–UN Report says DR Congo killings may be genocide–1 October 2010
The New York Times–U.N. Congo Report Offers New View on Genoice–27 August 2010
Yahoo News–UN tones down Congo ‘genocide’ report–30 September 2010

Human Rights Council Fails Victims of Gaza Conflict

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: MDE 15/023/2010

30 September 2010

Human Rights Council fails victims of Gaza conflict

The UN Human Rights Council’s weak response yesterday to the continuing failure of both the Israeli and Hamas authorities to genuinely investigate violations of international law committed during the 2008-9 conflict in Gaza and southern Israel amounts to a betrayal of the victims, Amnesty International said today.

Having considered on Monday a report by a Committee of Independent Experts highlighting the inadequacies of domestic investigations into allegations of violations – including war crimes and possible crimes against humanity – identified in the September 2009 report of the UN Fact-Finding Mission led by Justice Richard Goldstone, the Human Rights Council adopted a seriously flawed resolution that fails to establish a clear process for justice.

Instead of meaningfully supporting the long quest of the conflict’s victims for justice by taking action towards an international justice solution, the Human Rights Council merely renewed the Committee’s mandate and asked it to present another report in March 2011.

Amnesty International sees little value in the decision to extend the work of the Committee. Both sides have had adequate time to investigate the crimes and they are failing to do so. This is unlikely to change in the next six months. The Council’s decision will only further delay justice for victims who have already been waiting more than 20 months since the end of the 22-day conflict.

The Committee’s report supported Amnesty International’s evaluation that the domestic investigations carried out by both the Israeli government and the de facto Hamas administration in Gaza do not meet the required international standards of independence, impartiality, thoroughness, effectiveness and promptness. In its conclusions, Amnesty International called on the Council to:

  • recognize the inadequacies of the investigations conducted by Israel and the Hamas de facto administration;
  • call on the International Criminal Court Prosecutor to urgently seek a determination from the Pre-Trial Chamber on whether the Court has jurisdiction to investigate crimes committed during the Gaza conflict;
  • call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
  • refer the Committee’s report to the Council’s parent body – the General Assembly; and
  • request that the Secretary-General place the report before the Security Council.

By ignoring such recommendations, Amnesty International believes that the Human Rights Council has once again put politics before human rights and the victims of gross violations of humanitarian and human rights law.

Amnesty International is also concerned that the resolution failed to recognize or properly address the responsibility of the Hamas de facto administration in Gaza. Hamas was a party to the conflict and the UN Fact-Finding Mission levelled accusations of violations against it and other Palestinian armed groups. The report of the Committee of Independent Experts addressed both the violations alleged to have been committed by Hamas and the investigations they said they had undertaken.

Yesterday’s resolution addressed only the investigations by Israel and the Palestinian Authority (PA) and urged the Palestinian Independent Investigation Commission, established by the PA, to consider alleged violations in Gaza. However the PA Commission, which is based in the West Bank, made clear in its report (submitted to UN Secretary-General Ban Ki-moon in July 2010) that they have been unable to access the Gaza Strip and unable to undertake any investigations in Gaza into the firing of indiscriminate weapons by Palestinian armed groups into southern Israel.

Earlier this week Amnesty International called for the Prosecutor of the International Criminal Court to urgently seek a determination by the Pre-Trial Chamber on whether the Court has jurisdiction over the Gaza conflict.

Amnesty International also reiterated its call for all states to investigate and prosecute crimes committed by both sides during the conflict before their national courts by exercising universal jurisdiction.

Background

Resolution A/HRC/15/L.34 regarding “Follow-up to the report of the Committee of independent experts in international humanitarian and human rights law established pursuant to Council resolution 13/9” was passed on 29 September 2010 by the Human Rights Council in its 15th session.

A total of 27 member states of the Human Rights Council voted in favour of the resolution and one voted against it (the USA). Nineteen states abstained, including all EU states that have a seat on the Council.

The resolution is available at:

http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/15/L.34

The report of the Committee of Independent Experts is available at:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.50_en.pdf

Amnesty International’s assessment of the Israeli and Palestinian investigations is available at:

http://www.amnesty.org/en/library/info/MDE15/022/2010/en

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North Korean Refugees: The Forgotten People


Nameless North Korean refugees (Photo Courtesy of Chosun Newspaper)

By Joseph Juhn
Impunity Watch, Asia

SEOUL, South Korea – North Korean refugees who escaped the country’s authoritarian regime have many untold stories.

Sometime in July, Choi Young-hee, a woman in her 70s, offered smugglers some cash to carry her across the heavily guarded Tuman river that separates North Korea from China.

Soon, her daughter also tried to cross, but was caught and is now in a North Korean political prison, where she can potentially face hard labor, torture, or even death.

North Korea is known as one of the worst violators of human rights in the world. Seeking a better life and liberty, countless individuals attempt to flee the nation that is currently under the leadership of one of the most notorious dictators, Kim Jong-il.

Any North Korean defector who is caught face extraordinary hardships. If they are women, the story can be even worse.

Many surveys and newspaper accounts show that 90 percent of those who are able to evade Chinese border guards and police are sold and trafficked. If the refugees are captured by Chinese authorities, they are forcibly repatriated to North Korea in violation of international law, where they will be locked up in a political concentration camp for imprisonment, beatings, torture, and sometimes a public execution.

The primary motivation of the defectors arises from hunger. Congressman Chris Smith (R-New Jersey) said at the hearing held by the Tom Lantos Human Rights Commission on September 23 that this summer’s food shortages in North Korea were reportedly as bad as in the 1990s, when estimated up to 2 million people starved to death.

“I thought that once I went to China my children would not starve to death, and that is why I crossed the Tumen River, but once we arrived on the other side, what awaited us were fear of capture by Chinese security officials and forced repatriation back to North Korea,” said Ms. Mi Sun Bahng, one of North Korean refugees who eventually made it to the West and freedom.

In describing her encounter with Chinese brokers when she first crossed the river, she said, “I was separated from my children and sold for 4,000 yuan, [approximately, US$594]. What was most infuriating was that these Chinese [traffickers] called [us] North Korean defector-women ‘pigs,’ and treated us like animals.”

In a period of a few months, Ms. Bahng was “sold three times like livestock.” She managed to escape but in the course of looking for her children, she was captured by Chinese authorities and was repatriated to North Korea.

She witnessed horrors in prison. Ms. Bahng saw her inmates, who were dying of hunger, trying to catch insects, among many other things, to eat for survival.

“To this day I have unending nightmares of the people I saw there, those who would be working out in the fields and if they saw a snake or a frog would catch them and swallow them whole; there were people who would be defecating and if a piece of radish came out they would immediately wipe it on their sleeves and eat it; if there were pieces of beans or kernels of corn found in cow manure, the person who found them would consider that day to be their lucky day.”

Currently, China does not recognize the North Korean defectors as refugees and it also won’t allow the U.N. High Commissioner for Refugees (UNHCR) access to them.

For more information, please see:

The Epoch Times – North Korean Defectors Give Grim Testimony of Experiences with China – 29 September 2010

AFP – US lawmaker presses China, India over human trafficking – 30 September 2010

The Washington Times – Repatriation policy links China to rights violations – 23 September 2010

Deadly Riot in Gang-Run Prison

By R. Renee Yaworsky
Impunity Watch Reporter, South America

CARACAS, Venezuela—A deadly riot inside one of Venezuela’s overcrowded prisons has left 16 people dead and another 35 injured.  This marks the second time violence has erupted at this prison just this week alone.

According to prison official Consuelo Cerrada, the riot occurred Wednesday between rival gangs vying for power within the Tocoron prison in Aragua state, 75 miles south of Caracas.  The fighting lasted for eight hours while inmates fired automatic weapons and hurled grenades at other inmates and guards.  Local police were unable to take control of the combat until the riot began to subside of its own accord.

It is believed that the riot was sparked by the murder of a gang leader earlier this week.  Six of the wounded are still hospitalized.  Four of the injured were women relatives of inmates who were hit by stray bullets while anxiously awaiting news outside the prison.

On Monday of this week three inmates were murdered and four correctional officers were injured at the same prison in a separate display of violence.

The Tocoron prison has yet to release an official statement on the riot and inmates’ families have demanded answers; some relatives have created blockades on nearby roads to protest the lack of information.

Venezuela’s prisons are notoriously overcrowded and plagued by incessant gang violence.  About 40,000 inmates live in prisons that were constructed to hold only 15,000.

According to Venezuelan Prison Watch, an organization against prison violence, over 220 inmates died in the country’s substandard prisons in just the first quarter of 2010 alone.  Gangs in Venezuela’s prisons battle over control of the cellblocks and the trade of weapons and drugs.

Earlier this month thousands of prisoners throughout the country protested poor prison conditions and human rights violations by guards by joining a hunger strike.

The Inter-American Commission of Human Rights has asked Venezuela to increase security and protect the human rights of inmates in the country’s prisons.

For more information, please see:

AP-16 inmates killed in prison riot in Venezuela-30 September 2010

Gather-Gang Battle in Venezuela Prison: Ten Dead-30 September 2010

Americas Quarterly-Gun Battle Grips Venezuelan Prison-30 September 2010

BBC-Ten die in Venezuela prison gang battle-29 September 2010