Georgian Opposition Leaders Detained, Fined

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

TBILISI, Georgia – Eight leaders of Georgia’s opposition parties were arrested, reprimanded, and released from custody on Friday, according to Georgian media outlets.

The political secretary of the People’s Party, Aleksandr Shalamberidze, was one of the arrestees. He was “verbally reprimanded” for violating a public order not to enter a building.

Seven other opposition political leaders associated with the National Council were released and fined for violating the public order and scuffling with police. The National Council is an umbrella organization that united the three main opposition parties in Georgia, namely the Conservative Party, the Movement for Fair Georgia, and the People’s Party.

The opposition leaders were attempting to enter the Tbilisian Publishing House offices, in the Georgian capital of Tbilisi. They were taken into custody for trespassing in violation of the public order banning National Council representatives from entering the building. Allegedly, they scuffled with police as they attempted to enter and obtain printed election materials.

The Publishing House offices were closed by Georgian police just last week in anticipation of the May 30 local elections. National Council claims that local and national Georgian politicians are applying pressure on the Publishing House to support incumbent candidates, as the Publishing House is responsible for printing election campaign materials.

Zurab Nogaideli, the leader of Movement for Fair Georgia, characterized the incident as another episode of “terrorism” against legal opposition activities. But Mr. Nogaideli also noted that “no one will be able to frighten us”, vowing to “destroy these authorities.”

Before Mr. Shalamberidze and his colleagues were released, Koba Davitashvili, chairman of the People’s Party, threatened that opposition activists would protest by blocking Rustaveli Ave in central Tbilisi. But Mr. Shalamberidze and his colleagues were released just hours later, although all were reprimanded for violating the public order.

Nonetheless, National Council has consistently protested official targeting of publishing houses by Georgian political leaders. They have vowed to continue to do so until the May 30 elections.

For more information, please see:

CIVIL GEORGIA – Opposition Activists Released after being Fined – 8 April 2010

GEORGIAN TIMES – Opposition Activists Released after being Fined – 8 April 2010

RADIO FREE EUROPE – Georgian Police Briefly Arrest Opposition Leader – 8 April 2010

China Executes Japanese Nationals for Drug Smuggling

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China– Three more Japanese nationals were executed in the northeastern Chinese province of Liaoning on Friday for drug trafficking after another Japanese individual was executed for the same offense on Tuesday.

Under Chinese law, trafficking, making or distributing 50 or more grams of methamphetamine is punishable by death.  Japan also has capital punishment but not for drug trafficking.

Furthermore, Tuesday’s execution of Mitsunobu Akano was the first execution of a Japanese citizen since China and Japan established diplomatic relations back in 1972. 

The other three individuals, Teruo Takeda, Hironori Uka and Katsuo Mori, were caught either distributing or possessing drugs, and all three were convicted.  Takeda was specifically charged with selling five kilograms of methamphetamine in 2004.

The Japanese nationals were reported to have been granted full legal rights during their detention and trial.  Their rights to appeal have also been said to have been upheld.  

Japanese Prime Minister Yukio Hatoyama called the executions “regrettable.”  In addition, he asked Japanese citizens to remain calm after a peaceful demonstration took place outside the Chinese Embassy in Tokyo and to recognize that the two countries have different laws.

Both Japan and China have said that they hope the two countries’ relations will not be affected.

However, Japan’s Justice Minister Keiko Chiba said she was “concerned about relations between Japan and China when I think of the uncomfortable feeling or reaction felt by [the] majority of the Japanese people.”

The Japanese Prime Minister did announce that his government will “work hard to ensure that this does not lead to cracks in the Japan-China relationship.”

Just last week, China was under fire from Amnesty International because the human rights organization alleged that the Chinese authorities are claiming fewer number of executions than those actually carried out.

Amnesty’s Claudio Cordone said, “If [fewer executions are] true, why won’t [China] tell the world how many people the state put to death?”

Under a law introduced in 2007, China’s Supreme People’s Court must approve all death sentences in order to avoid injustice.  However, despite the Chinese government’s refusal to release overall figures, China is still thought to execute the most number of people than any other country in the world.

For more information, please see:

BBC – China executes three more Japanese drug smugglers – 9 April 2010

RTT News – China Executes 3 More Japanese Drug Smugglers – 9 April 2010

Strait Times – China executes 3 Japanese – 9 April 2010

Italian Prosecutors Request Indictment Against Prime Minister Berlusconi

By David Sophrin
Impunity Watch Reporter, Europe

ROME, Italy – Italian prosecutors on Friday began legal proceedings to request a indictment against Prime Minister Silvio Berlusconi and his son for embezzlement and tax fraud that relates to an ongoing legal battle involving some of the country’s largest media corporations.

The indictment suggests that Mediatrade, an Italian media corporation, purchased the rights to American television programs and films, during the time period of 2002 to 2005 at inflated prices, and embezzled the profits of that inflation.  According to the prosecutors, the excess embezzled funds were placed into a slush fund.  The charges of tax fraud, which allegedly took place between 2005 and 2009, are also associated with these actions.  Since Mediatrade was originally founded and owned by Berlusconi, and has family still controls the company, the prosecutors believe that he is still its ‘de facto’ leader and therefore bears some of the responsibility for its allegedly illegal actions.

The indictment request was filed by two prosecutors, Fabio De Pasquale and Sergio Spadaro, in the northern city of Milan to Judge Marina Zelante.

Even if the judge grants the prosecutors request, the recently passed federal shield law would apply and thereby delay the legal action for up to 18 months.  The law provides temporary immunity for the Prime Minister and his ministers.  Supporters of the legislation argued that the shield law was necessary because potential legal actions would this officials would be a ‘legitimate impediment’ to the responsibilities of their offices.

This shield law was enacted following a decision by Italian Supreme Court, which last year ruled that another immunity law that had been supported by Berlusconi and provided him with permanent protection from any charges brought against him, was unconstitutional.

For more information, please see:

ANSA – Berlusconi Indictment Sought – 9 April, 2010

RTE – Berlusconi could stand trial over TV rights – 9 April, 2010

WALL STREET JOURNAL – Berlusconi Faces Call to Stand Trial – 9 April, 2010

Hamas Threatens More Israeli Soldier Abductions

By Meredith Lee-Clark
Impunity Watch Reporter, Middle East

GAZA CITY, Gaza – Amid the stalemate in prisoner-swap negotiations between Israel and Hamas, the ruling party in the Gaza Strip, a Hamas spokesman has advocated abducting more Israeli soldiers as part of a strategy to “force the hand” of the Israelis.

The statement from Hamas came as Palestinian prisoners in Israeli custody enter their second week of a prison strike. The prisoners are demanding equal treatment between Palestinians and Israeli prisoners in Israeli-run prisons.

Hamas spokesman Sami Abu Zuhri said on April 8 that Palestinians must support the prisoners’ strike, adding that “Palestinians who seek justice for prisoners may be obliged to search for new friends for Gilad Shalit,” referring to the Israeli soldier who has been held by Hamas in the Gaza Strip since June 2006, and who has been the focal point of the prisoner swap negotiations.

While the Hamas rhetoric ramped up, militants in Gaza fired rockets across the border into southern Israel, where an Israeli Defense Forces patrol was reportedly hit, though no injuries were reported. The rocket fire came within twenty-four hours after Palestinians reported that six mortar shells were fired at Israel, but landed in Gaza, short of their target, and injured six Gazans. Hamas has asserted it is not responsible for the rocket fire, and says that it is working to stop the rocket attacks.

“The government in Gaza is in charge of the situation, and it does know clearly who launches the rockets,” said Hamas spokesman Ayman Taha to the BBC. “It is working hard to deter any faction from acting individually.”

Meanwhile, Hamas has come under international criticism for officially reinstating the death penalty after a five-year hiatus. Human Rights Watch called on Hamas to rescind its announcement that it would once again execute criminals by hanging or firing squad. In its statement, Human Rights Watch argued that the death sentences imposed by the Hamas military courts violated fair trial standards. Most of those who have been executed in the past have been members of the rival Fatah political party, or those who have been accused of collaborating with Israel. Human Rights Watch reports that many political prisoners in Gaza are not allowed access to lawyers until after interrogation, and that judges selectively allow defense counsel to present evidence at trial.

For more information, please see:

Ma’an News Agency – Amid Jail Strike, Hamas Urges More Soldier Abductions – 9 April 2010

Associated Press – Hamas in Gaza Takes Steps to Carry Out Executions – 8 April 2010

Ha’aretz – Hamas: We Will Abduct Israelis Over Maltreatment of Palestinian Prisoners – 8 April 20101

Human Rights Watch – Gaza: Do Not Resume Executions – 6 April 2010

Thai Protesters Defy State of Emergency in Bangkok

By Michael E. Sanchez
Impunity Watch Reporter, Asia

Bangkok, Thailand- On Thursday anti-government demonstrators said they will defy the state of emergency declared by the government of the Thai prime minister, Abhisit Vejjajiva.  They defiantly dared the government to break up their escalating protests, vowing to stage a rally in the capital despite the state of emergency which allows the military to move against large gatherings.

The prime minister declared the state of emergency Wednesday night after protesters briefly broke into Parliament, capping weeks of protests that have paralyzed the government and cost businesses tens of millions of dollars.  Abhisit said on Wednesday that the emergency would help authorities arrest leaders of the anti-government movement, which has been staging protests in the capital for over three weeks.

Jatuporn Prompan, a red shirt leader said “If you have the guts to do it, do it now.  But I warn you that our red shirt brothers and sister would flood into Bangkok in greater numbers, if you crack down on us.”

The state of emergency allows security officials to detain suspects without charge for up to 30 days, and gives them the option of imposing curfews, banning public gathering and censoring media.

The protesters camped in the city have ignored court orders and a large security presence.  Al Jazeera’s Wayne Hay, reporting from Bangkok said “they have completely disregarded the state of emergency that is now in place and have vowed to hold more rallies.” Since 2008, this is the fourth time that emergency law has been declared in the capital because of political turmoil.

Prime Minister Abisit has faced criticism for failing to take stronger measures to end the demonstrations.  Previously he had entered into negotiations with the red shirts and ordered security forces to pull back from possible confrontations.  Because of the volatile situation, he called off a planned visit to Vietnam for a meeting of southeast Asian leaders.  Investors fear this could derail the country’s high-performing economy.

Thai authorities have also shut down a television channel run by the red shirts.  Satit Wonghnongtaey, the minister attached to the premier’s office said the station had been taken off the air for inciting unrest.

The Red Shirts support ousted prime minister Thaksin Shinawatra, and view Abhisit as a puppet controlled by the unelected establishment and the military.

The Red Shirts say the prime minister,who came to power in a 2008 parliamentary vote after the courts dissolved a pro-Thaksin party in government at the time – should call an election and let the people choose their government.

For more information, please see:

Aljazeera.net- Red Shirts Vow to Defy Emergency– 8 April 2010

Associated Press- Protesters Defy State of Emergency in Bangkok– 8 April 2010

RTT News- Thai Protesters Vow to Defy Emergency-8 April 2010