Mongolia Accused of Injustice and Impunity

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

ULAN BATOR, Mongolia – An international human rights agency has accused Mongolia of impunity and injustice for ignoring reports of abuses after a post-election violence in July 2008.

Riots broke out in the streets of Ulan Bator when thousands of Mongolians demonstrated by burning cars and buildings against an alleged fraud in last year’s general election.

After the violence erupted, the spokesman for the General Election Committee, Purevdorjin Naranbat,  rejected allegations of fraud saying, “The election was organized well and by the law.  It was really fair.”

However, five people were killed and more than 200 were hurt during the riots.  This was the worst violence Mongolia saw in two decades. 

Amnesty International reported that the police shot at least nine people during the riots and hundreds more were forced into crowded detention centers where they went without food or water for up to three days.  Some detainees were also reported to have been beaten by the police.

Roseann Rife, director for Amnesty International’s Asia-Pacific program, said, “Investigations into allegations of human rights violations have been delayed, ignored or inadequately investigated.”

She added, “A year on from the riot and there is no accountability on the part of authorities and no justice for the victims.”

The rights group is accusing Mongolia of failing to comply with international obligations by not taking legislative, judicial and administrative measures to prevent human rights abuses, and the secrecy surrounding the police operation is leading to further mistrust and fear.

These sentiments will continue unless Mongolian government takes steps to implement reforms to protect human rights.

However, Munkh-Orgil Tsend, who was the Minister of Justice and Internal Affairs at the time of the riots, said, “Lack of food and facilities to hold rioters just shows that we all were not prepared for such a riot.  It cannot be misinterpreted as human rights violation.”

Nevertheless, Amnesty International is urging the Mongolian government to investigate human rights violations promptly in a thorough and impartial manner. 

Furthermore, the organization is asking that Mongolia review its regulations and policy to ensure that the police, when using force and policing demonstrators, comply with international human rights standards, including the UN Code of Conduct for LW Enforcement Officials.

For more information, please see:

Amnesty International – IMPUNITY AND INJUSTICE ARE LEGACY OF DEADLY JULY RIOTS IN MONGOLIA – 18 December 2009

AP – Rights group accuses Mongolia over 2008 rioting – 18 December 2009

BBC – Streets calm in riot-hit Mongolia – 3 July 2008

China Emerging on Status of Uighurs in Cambodia

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China A recently issued statement by the Chinese Foreign Ministry suggests that it is already in the process, or will soon begin, an effort to return 22 Uighurs, after fleeing to Cambodia when deadly ethnic riots broke out in July in western China. Those in flight are said to have left due to extreme subsequent government crackdown on rioters.

Uighurs, are a Turkic-speaking ethnic minority and are namely concentrated in western China. Those who deem themselves Uighurs often say the Chinese government, dominated by ethnic Han, discriminates against them. The Uighurs in Cambodia fled their homeland after the deadliest ethnic rioting in decades in China. Uighurs clashed on July 5 with riot police officers sent to put down a protest in Urumqi, the capital of the western region of Xinjiang, and then went on a rampage through neighborhoods, killing scores of people.

The 22 Uighurs who fled after the incident in July entered Cambodia about a month ago. Three of the Uighurs who made it to Cambodia are children. Two Uighurs were detained in Vietnam en route to Cambodia, and five others who fled China have disappeared, according to Uighur advocacy groups in the West. It is believed they were able to escape with the aid of an underground network of Christian missionaries in China that usually helps North Koreans who seek to get out of the country and into nations they can seek refugee status. It has been confirmed that the 22 Uighurs are still in Cambodia, because they appeared at the United Nations’ Refugee Office to apply for refugee status.

This week, a Chinese Foreign Ministry spokeswoman said at a news conference that the Uighurs were suspected of criminal activities and that the “relevant departments” were investigating them. She said at the news conference and in a written statement that criminals “should not be allowed to take advantage of the United Nations’ refugee system.” She went on to say that, “China’s stance is very clear: the international refugee protection system shouldn’t become a shelter where criminals stay to escape legal punishment.”

Human Rights organizations have been very active in the matter. Sam Zarifi, Asia-Pacific director of Amnesty International, wrote in a  letter, “Since September 2001, Amnesty International has documented cases in which Uighur asylum seekers who were forcibly returned to China were detained, reportedly tortured and in some cases sentenced to death and executed.” 

For more information, please see:

New York Times – China Is Disputing Status of Uighurs in Cambodia – December 18, 2009

Yahoo! World News – Cambodia to send 20 Uighurs back to China: US rights group – December 18,2009

Inside Asia – China Is Disputing Uighurs in Cambodia 

Unease in Southern Israel Remains a Year After Gaza War

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

SDEROT, Israel – Israeli newspapers reported that two qassam rockets had been launched into southern Israel from the Gaza Strip during the third week in December. Since the beginning of 2009, there has been a ninety percent decrease in rockets launched from Gaza into Israel.

 

Still, as the year anniversary of the fighting between the Israeli Defense Forces (IDF) and Hamas in the Gaza Strip approaches, residents of the towns in southern Israel are hesitant to let down their guard. Many residents are continuing to build bomb shelters to protect against Hamas rocket attacks. One such resident is Ramon Dahan, mother of five, who lives in the town of Sderot, less than a mile from the Israel-Gaza border. Dahan said that most of her neighbors’ houses have been hit multiple times from Palestinian rockets, and the current cease-fire has allowed Dahan to finally build a shelter.

 

Israeli border towns have experienced an economic improvement as a result of the ceasefire. Many middle class Israeli families have moved down to the South, as they have been outpriced from neighborhoods and towns in central Israel. The economic upturn in southern Israel contrasts with the situation of their Palestinian neighbors, who live less than a mile away, and are in the midst of the area’s worst recession as they attempt to rebuild from the fighting.

 

Despite the outward improvement, the impact of years of cross-border rockets remains. Though many of the Israeli border towns look like a town found in suburban America, one therapist in the Sderot area, Judith Bar-Hay, estimates that at least twenty percent of the town’s residents suffer from post-traumatic stress disorder. Bar-Hay says that there are also growing behavioral problems among the area’s youth.

 

The rockets launched from Gaza in December came despite a moratorium on attacks announced by Hamas, the ruling party of the Palestinian territory. One report said that the attacks may have been in retaliation for the death of a fifty-year-old Palestinian farmer who was reportedly killed by IDF forces in the al-Bureij refugee camp in Gaza. No group has claimed responsibility for the rocket attacks.

 

For more information, please see:

 

Ha’aretz – Two Qassams Hit Israel, in Second Gaza Rocket Attack This Week – 16 December 2009

 

Ma’an News Agency – Israeli Media Claims Projectiles Fired From Gaza – 16 December 2009

 

NPR – Shell Shock Lingers For Israelis After Gaza War – 15 December 2009

 

Associated Press – With Gaza Cease-Fire, South Israel Blossoms – 14 December 2009

 

Ynet News – 2 Rockets Fired From Gaza; None Injured – 13 December 2009

Federal Indictments for Hate Crimes, Obstruction of Justice, and Conspiracy

16 December 2009

Federal Indictments for Hate Crimes, Obstruction of Justice, and Conspiracy

By Brenda Lopez Romero
Impunity Watch Reporter, North America

Washington, D.C. – Six months after an all-white jury in Schuylkill County acquitted two young men of aggravated assault and one of murder of Luis Ramirez, the federal government indicted five people related to Mr. Ramirez’s case.

Mr. Ramirez was beaten into a coma that led to his death that was found to be racially motivated in Shenandoah, Pennsylvania in July 2008. The federal government brought charges for hate crimes, obstruction of justice and conspiracy. The crime has caused racial tension in the small town. According to the Department of Justice, the two young men that committed the beating while shouting racial epithets at him, Derrick Donchak and Brandon Piekarsky, then seventeen and nineteen, are accused of hate crimes.

Donchak also faces three counts of conspiring to obstruct justice because he is accused of attempting to organize a cover-up with the Shenandoah Police Department. Three police officers were also indicted. Police Chief Matthew Nestor, Lieutenant William Moyer and Officer Jason Hayes are charged with conspiring to obstruct justice. Moyer faces additional charges of witness and evidence tampering and making false statements to the FBI. Officer Hayes was dating Piekarsky’s mother at the time.

(PHOTO: Courtesy of CNN – Mr Ramirez while still in a coma)

Ramirez Piekarsky had delivered a fatal kick to Ramirez’s head after Ramirez was knocked to the ground. The state medical examiner found that Ramirez died from blunt-force trauma to the head, according to the state prosecution.

Pennsylvania Governor Ed Rendell denounced the attack as racially motivated and asked the Justice Department to intervene. After the verdict, Rendell, in his letter to U.S. Attorney General Eric Holder recommending the Justice Department pursue civil rights charges stated “the evidence suggests that Mr. Ramirez was targeted, beaten and killed because he was Mexican … Such lawlessness and violence hurts not only the victim of the attack, but also our towns and communities that are torn apart by such bigotry and intolerance.”

The indictment read that Nestor, Moyer and Hayes purposefully failed to “memorialize or record” statements made by Piekarsky and “wrote false and misleading official reports” to “intentionally omitted information about the true nature of the assault and the investigation.”

Crystal Dillman, Ramirez’s fiancée, welcomes the indictments, but is afraid for her safety and had to moved to an undisclosed location outside Shenandoah because her truck was vandalized and people have yelled racial epithets at her on the streets, according to her attorney.

The Department of Justice said “the FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County,” and those with information can contact the Allentown, Pennsylvania, FBI office.

For more information, please see:

CNN – 3 Police Officers Among 5 People Indicted in Race-Related Beating – 15 December 2009

NY Daily News – 4 Cops, 2 Teens Indicted in Hate Crime Probe of Fatal Attack on Latino Man – 15 December 2009

WNEP News Station – Death of Immigrant Leads to Federal Charges – 15 December 2009

New Law Threatens Freedom of Press in Ecuador

By Sovereign Hager

Impunity Watch Reporter, South America

QUITO, Ecuador-Human Rights Watch is calling for Ecuador’s communications bill to be amended so as not to limit freedom of expression. The proposal includes “vague language” that would limit the content of media programing. The bill is currently being debated in Ecuador’s National Assembly. Members of the Ecuadorian press have publicly protested what they consider to be a “gag bill.”

The proposed law includes provisions stating that the exercise of communication rights will be subject to prior censorship in cases “established in the constitution, in international treaties in force, and in the law.” Another provision states that the media will disseminate “primarily contents of an informative, educational, and cultural nature.”

Those in opposition to these provisions point out that Article 13 of the American Convention of Human Rights explicitly prohibits prior censorship. The Declaration of Principles on Freedom of Expression, adopted by the Inter-American Commission on Human Rights, prohibits “prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means” of communication.

Rights group are arguing for an amendment rather than that the entire legislation be scrapped because the law includes “positive measures.” These measures include a prohibition on monopolies and oligopolies in the media, subtitles or sign language to provide equal access for people with hearing disabilities, and the requirement that public bodies and private entities that manage public resources or services of this nature disclose information in their possession.

Human Rights Watch America’s Director, Miguel Vivanco argued that “an act of communication should promote rather than limit the free flow of information essential to strengthen an open debate in any democratic society.”

An especially contentious aspect of the law is the creation of the National Communication and Information Council, an eight-person body charged with overseeing the application of the law. The Council would be chaired by a presidential representative with a deciding vote.

A representative of Ecuador’s National Union of Journalists stated that the “government is looking to control every aspect of society.” One journalist argued that the new law would leave the media “subject to an endless number of sanctions.”

The International Press Institute called on Ecuador’s legislators to “exercise extreme caution” while debating the law, to ensure that local media concerns are heard and that “media freedom is not damaged.”

For more information, please see:

La Voz Libre-Human Rights Watch Critica el Proyecto de le Comunicación en Ecuador-16 December 2009

Human Rights Watch-Ecuador:Amend Draft Communications Law-15 December 2009

International Press Institute-Journalists in Ecuador Rally Against Draft Communications Law-25 November 2009

Knight Center for Journalism-Ecuador’s Disputed Media Bill Reaches Law Makers-23 November 2009