Suicide Car Bomb Hits Afghan Capital

By Michael E. Sanchez
Impunity Watch Reporter, Asia
KABUL, Afghanistan- A suicide bomber blew himself up near a U.S. military base in the Afghan capital on Tuesday, were six civilians were wounded, according to an Afghan security official.

Despite significant increases in foreign troops, violence in Afghanistan last year reached its worst levels since the war began in 2001.  The latest attack occurred a week ago after brazen assaults in Kabul killed five people.  The bomb struck on a road leading from the city center near the main entrance to Camp Phoenix, a base used by U.S. forces.

Abdulghaffar Sayedzadah, a spokesman for Kabul’s criminal investigation unit, said six Afghan civilians and eight American soldiers were wounded.  Mr. Sayedzadah said most of the civilians had been working nearby, but could not confirm if the base was the intended target of the attacker.  U.S. and NATO forces said they investigated the explosion outside of the main gates, and initial reports indicated the cause of the explosion was a car bomb.  NATO’s international security assistance force (ISAF) said “Initial reports indicate the cause of the explosion was a vehicle-borne IED,” referring to an improvised explosive device in a car.

Zabihullah Mujahid, a man claiming to be a Taliban spokesman, said in a text message the attacker was a member of the Islamist group.  He said the target had been a convoy of foreign troops.

The attack comes on the same day Afghan officials said an attack in Kabul on January 18 was carried out by fighters smuggled from Pakistan.  Officials released video footage of a man arrested in connection with the attacks who stated that the Haqqani network, a group of Afghan fighters based in Pakistan, were behind the attacks on civilian and government buildings near the presidential palace.

These attacks, said to be the most co-ordinated offensive on the capital since the U.S.-led invasion in 2001, took place while President Hamid Karzai was swearing in some of his cabinet members.

At least five were killed and about 38 wounded in the protracted gun battles that followed.

For more information, please see:

Aljazeera.net- Suicide Attack Hits Afghan Capital– 26 January 2010

Reuters- Suicide Car Bomb Near US Base In Kabul Wounds 6– 26 January 2010

Forbes.Com- Blast Near US Military Base In Afghan Capital– 26 January 2010

Palestinian Election Date Passes, Rights Group Alleges Violation of Human Rights

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

RAMALLAH, West Bank – Failure to hold Palestinian parliamentary elections by the date set in an Egyptian-brokered reconciliation document is a violation of Palestinians’ right to democratic elections, according to the Al-Marsad Center for Human Rights. The human rights organization, based out of the Israeli-occupied Golan Heights, issued a statement on January 25, saying that the mandate for the Palestinian Legislative Council (PLC) had expired, and called upon Hamas to sign the reconciliation agreement and Palestinian President Mahmoud Abbas to set a date for elections in June, the date called for by the reconciliation document.

 

As the expiration date for PLC members’ terms passed, the two major Palestinian parties argued about what the PLC’s next move should be. Hamas declared that their members’ mandate only ends when new parliamentarians have been sworn in, and are therefore allowed to remain in office until new elections are held. Fatah argued that the PLC’s mandate was legally over.

 

The PLC is the main legislative branch of the Palestinian territorial government, and is based in the West Bank. Hamas took control of the PLC in a landslide election in January 2006, replacing Fatah as the dominant party in the PLC. Since the Hamas take-over, however, the PLC has been largely unable to function, as Israel arrested most of the Hamas representatives after Hamas militants led a cross-border raid into Israel and captured an Israeli citizen. Both Hamas and Fatah representatives have been arrested by opposing parties, as long-standing animosity between the factions have grown stronger in the past few years.

 

Al-Marsad said in its statement that the current PLC should be regarded as a “caretaker council with limited powers,” and that “[n]ot holding elections on their legal and constitutional day is a serious violation of the right of the Palestinian citizens to practice their right to political participation through voting.”

 

The Palestine Liberation Organization (PLO)’s Central Council met in Ramallah in December 2009 and asked the Palestinian president and legislature to continue in office until elections are held. Hamas has not recognized the Central Council’s decision.

 

For more information, please see:

 

Ha’aretz – Fatah and Hamas No Nearer to Unity as Palestinian Parliament’s Term Ends – 25 January 2010

 

Ma’an News Agency – Rights Org: Failure to Hold Elections Violates Palestinian Rights – 25 January 2010

 

Palestinian News Network – Human Rights Organization: Position Paper on Elections – 25 January 2010

 

Ynet News – Palestinian Parliament’s Term Expires – 24 January 2010

Group Faces 10-15 Years in Prison for Dancing

By M.E. Dodge
Impunity Watch Reporter, Asia

BANDUNG, Indonesia – Less than one year ago, Indonesia enacted an “anti-pornography” law, which bans public displays of flesh. Over the New Year’s holiday, four woman as well as a manager and an event organizer at a bar in a trendy Indonesian city could be the first to be charged under this new statute.

The arrest on New Year’s Eve at a party held at Belair Coyote Bar and Restaurant in Bandung, Indonesia for “sexy dancing” raises concerns and worries that the law may be the prelude to the imposition of wider restrictions. The law was introduced with the strong backing of the country’s small but influential Islamist political parties. Opponents of the statute said the parties’ real intention was to use the law to spread orthodox Islam in Indonesia by controlling artistic and cultural expression. The law, critics warned, also threatens the country’s rich pre-Islamic cultures, which have long coexisted with Indonesia’s traditionally moderate brand of Islam.

Despite the existence of the 441-page anti-pornography law, there is debate about whether to charge the women with a criminal law or the more severe anti-pornography law. Punishment under the anti-pornography law can be as severe as having to serve up to 10 years in prison for the dancers. Further, under the anti-pornography law, the manager and organizer could face as much as 15 years in prison.

Commenting on the incident, a police spokesperson said the dancers had been wearing skimpy clothing. Under the new law, all bodily movements deemed obscene or a threat to public morality give rise to an action to be prosecuted under the anti pornography statute.

The law has prompted protests across Indonesia amid fears it could threaten local traditions such as Bali temple dances or penis sheaths traditionally worn by the aboriginal Papua tribes.

It is unclear whether the women and bar personnel will be convicted, but authorities are pushing to prosecute.

For More Information, please see:

The Star – Indonesia group condemns case against “sexy” dancers – January 6, 2010

Jakarta Globe – Bandung Sexy Dancers Busted for ‘Stirring Desires’ – January 5, 2010 

The New York Times – Arrests for a Revealing Dance Pit Flesh Against Faith – January 24, 2010

EU Court Finds UK Provision of Anti-Terrorism Statute In Violation of Human Rights Convention

By David Sophrin
Impunity Watch Reporter, Europe

STRASBOURG, France – The European Court of Human Rights ruled last week that a provision of a United Kingdom anti-terrorism law violated an article of the European Convention on Human Rights (ECHR).

The Court ruled that sections 44-47 of the United Kingdom’s Terrorism Act 2000, which gave police the authority to ‘stop and search’ any person without ‘reasonable suspicion of wrongdoing,’ violated a section of the Convention that ensures privacy for the individual and the family.  Under those sections, the police have been able to require an individual to remove certain articles of clothing and all objects from their pockets, as long that the officer believed that person may have objects that could potentially be used in a terrorist act.  Failure to adhere to such a request requested possibly in a fine or possible imprisonment.  In striking down this authority, the Court noted that rather than providing an objective test for which the police could use to determine when the search authority, the power could be applied based on the “‘professional intuition’ of the police officer.”

The case decided by the ECHR was brought In 2003 by British citizens Kevin Gillian and Pennie Quinton, who were stopped and searched by London police while traveling to an arms demonstration protest.  Both Gillian and Quinton sought judicial review in the UK legal system, appealing their claim to the nation’s high court, the Law Lords, but their claims was eventually dismissed.  Following the Court’s decision, Quinton indicated that he was pleased with the court’s ruling.  “There has to be a balance between private life and security.”  He also noted that “the Court has shown that section 44 is an invasion of people’s right to liberty and privacy.  Hopefully the government will have to put a fairer law in place to protect us.”

Until the court ruling earlier this month, the use of the authority by police in the United Kingdom had become more common.  While approximately 33,177 people were stopped in 2004, the police had used the authority 117,200 times in 2008.  Prior to the ruling, the Metropolitan Police had already indicated that the use of the authority would be reduced as a result of its growing controversial nature.

The Court noted that “the absence of any obligation on the part of the officer to show a reasonable suspicion made it almost impossible to prove that the power had been improperly exercised.”  Additionally, there lacked any safeguards against abuse of the authority.

Home Secretary Alan Johnson has indicated that the government was disappointed with the Human Rights Court’s ruling.  “We are considering the judgment and will seek to appeal.”

For more information, please see:

IRISH TIMES – Strasbourg court rules against UK ‘stop and search’ powers – 25 January 2010

CNN – Britain to fight ruling on police searches – 13 January 2010

BBC – Stop-and-search powers ruled illegal by European court – 12 January 2010

THE GUARDIAN – Stop and search powers illegal, European court rules – 12 January 2010

Taiwan Attempts to Combat Discrimination

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan – Despite Taiwan’s status as one of the world’s freest countries, the 2010 report by Freedom House, a Washington-based human rights watchdog, downgraded Taiwan’s score on civil liberties.

For example, Tu Sheng-hsiung, an owner of a hot pot restaurant in Taiwan, hung up a sign prohibiting Korean customers from eating at his restaurant.  This move was sparked by Tu’s anger and disapproval of a Korean athlete’s behavior at the recent East Asian Games held in Hong Kong where a Taiwanese taekwondo player was knocked unconscious due to South Korean player’s illegal action.

Although Tu argues that his move has gained wide support, Taiwanese lawmakers have been pushing for an anti-discrimination legislation which, if ratified, would make Tu’s act punishable.

Taiwan’s legislators are attempting to combat discrimination based on race, ethnicity, nationality, religion, mental or physical disabilities, and gender or sexual orientation.

Under this anti-discrimination bill drafted by the Chinese Nationalist Party, employers will be required to provide equal salary package for all employees and business owners will not be allowed to discriminate against customers.

The draft rules also forbid use of discriminatory words, such as “pigs” or “Taiwan dogs,” between Taiwanese and those from mainland China.

Although the bill’s intent is laudable, many have voiced concerns, especially because civic groups have been excluded in terms of enforcing the law if the bill is implemented.

Taiwan’s Labor Rights Association Director Wang Chuan-ping opined that enforcing this bill would be difficult.  She reasoned, “It would be hard to define what ‘discrimination’ is at work because employers can always come up with an excuse to avoid being charged after firing or refusing to hire someone based on ethnicity or sex.”

Wu Jia-zhen, director of a Taiwanese NGO, commented that several anti-discrimination clauses already exist in other laws, such as Taiwan’s Immigration Act and the Act for Gender Equality in Employment.

She pointed out that having the specific anti-discrimination clause in these laws have had little effect in combating inequality.  Wu blamed the attitudes of public servants for the ineffectiveness of anti-discriminatory laws adding that such laws can only be effective if people’s attitudes change.

Nevertheless, the drafters of the bill claim that the “new law will enhance…broader protection of equal rights.”

For more information, please see:

The China Post – Lawmakers push for law to combat discrimination – 4 January 2010

Taipei Times – Groups question discrimination bill – 23 January 2010

Taiwan News – Freedom House downgrades Taiwan’s civil liberties rating – 13 January 2010