India Questioning ‘Encounter’ Executions

By Megan E. Dodge
Impunity Watch Reporter, Asia

AHMEDABAD, India– In cities across India that have been struggling with organized crime groups, the response of crime fighters has been to have officers designated to killing these gang figures – all in the name of justice. These officers, known as encounter specialists, gained reputations as heroes, and became known as local celebrities by the number and particular gangsters they had killed.

Although such practice has occurred for decades, Indians have become increasingly wary of police officers taking on the role as judge, jury and executioner. According to the National Human Rights Commission, 346 people have been killed since 2006 in what seem to have been extrajudicial police killing, though this figure is estimated to be a low approximation.

A sensationalist account in June 2004 shed light on the issue when four Muslims were pummeled with bullets when intelligence reports had identified the four as terrorism suspects. The group had bomb-making chemicals and a suitcase full of money in the trunk of their car. It was believed they planned to assassinate the chief minister of India’s richest state when police intercepted.

Jay Narayan Vyas, a spokesman for the state government, said that the four people killed had been identified by the central government as terrorism suspects. A government intelligence report said that the four were possible terrorism suspects, but the central government has said that these were merely suspicions and could not justify the killings.

As suspicion mounted, forensic evidence revealed that the four were actually shot at point-blank range, and earlier than the reports given by the police. Civilian animosity then began to rise against “encounter killings.”

In many of these killings, investigations have found, the motive was not vigilante justice. The police often staged such killings for personal gain: eliminating a rival of a powerful politician in the hopes of a big promotion; killing a crime boss on behalf of one of his rivals; settling scores between businessmen. According to the New York Times, lawyers had known for years that something strange was happening in the Gujarat police force and that the killings of terrorism suspects were dubious. Such acts are dubbed, ‘fake encounters.’

Reports continue to show that these human rights violations and fake encounter killings are still being carried out by security forces in India. In New Delhi, political parties, with the exception of the Bharatiya Janata Party (BJP), criticized the Gujarat government in a recent meeting and demanded that Chief Minister Narendra Modi resign over the June 2004 killing of Mumbai collegian, Ishrat Jahan, which created mass public awareness as a exploitive fake encounter. Governmental and official tension remains amidst human rights activists’ continued beckoning for the cessation of this crude ‘justice’ tactic.

For more information, please see:

New York Times – Questions on Executions Mount in India – October 3, 2009

Gulfnews: Modi government criticised for fake encounter killings – October 4, 2009

The Times of India – Another ‘fake’ encounter in Manipur – Septmber 11, 2009

Asia Human Rights Commission – INDIA: Encounter killing and custodial torture, a disgrace for the nation – September 14, 2009 

South Asia Citizens Web – ’Encounter Killings’ and the Question of Justice in India – September 6, 2009

African Survey Ranks Countries Based on Human Rights, Safety, and Other Criteria

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

CAPE TOWN, South Africa – Mo Ibrahim, a Sudanese born telecommunications entrepreneur, who is promoting leadership in Africa, launched his foundation’s 2009 Index of African Governance, which has tracked development on the continent.

The foundation released its third annual report on leadership in Africa, and for the first time it covers all 53 African countries.  The rankings are based on a number of indicators including security, crime, corruption, health, and education. The four main categories the index uses to measure governance are safety and security, human rights, sustainable economic opportunity, and human development.

Results from the index motivated Ibrahim to condemn the killing of pro-democracy protesters in Guinea.  Captain Moussa “Dadis” Camara, who seized control of Guinea in December 2008, will be running for president during the January 2010 election after he previously promised he would not run.  Many are protesting his candidacy, and violence has surrounded these protests.

The results of the index also sparked reference to Madagascar, where a military-backed politician over took the elected president in March and is also promising elections.

On the flip side of the study, Southern Africa ranked as the continent’s best-performing region.  These good marks are due to the stable democracies in the region.

“The rest of Africa, where coups are taking place, should look at southern Africa and see how these guys are getting their act together,” said Ibrahim in a telephone news conference from Cape Town, where the index was launched.

On the top end of the study, Mauritius is shown to be the best-run country.  This contrasts Somalia, which has had practically no central government since 1991 and therefore remains at the bottom of the ranks.

In an effort to promote leadership and end impunity, Ibrahim will award an annual $5 million dollars to the continent’s best leader.  Last year Botswana’s former president, Festus Mogae, won the award.

The index was launched in 2007.  Ibrahim acknowledged that inaccuracies existed within the data because the statistical offices need to be strengthened.  He also mentioned that the 2009 index does not reflect the global financial crisis which may also affect the statistics.

For more information, please see:

AFP – Southern Africa “Best Governed on Continent” – 5 October 2009

AP – Group Condemns Guinea Shootings, Madagascar Coup – 5 October 2009

Daily Monitor – Mo Report Praises Uganda in Human Rights Observance – 5 October 2009

Reuters – Mauritius Scores Highest in African Governance Survey – 5 October 2009

Mo Ibrahim Foundation website (to view the index)

Human Rights March in Hong Kong

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

HONG KONG– While cheering crowds with red flags took the streets in celebration of its National Day and 60 years of Communist rule in China, protesters dressed in black lined the streets of Hong Kong denouncing China’s human rights record.

Hong Kong, a former British colony, did not participate in China’s nationwide celebration because Hong Kong is allowed to enjoy “Western-style civil liberties as part of its special semiautonomous status.”  Accordingly, Hong Kong is where Chinese frequently hold events that highlight China’s human rights abuses and other issues that cannot be discussed in mainland China.

HK protestersHong Kong protesters.  Courtesy of AP.

Emily Lau Wai-hing of Hong Kong’s Democratic Party said, “If China wants to emerge as a strong, big power[,] it should respect the human rights of its people.  Just having economic development is not enough.”

Residents of Hong Kong marched through the downtown financial district holding placards with reminders of China’s 1989 military crackdown on pro-democracy march in Beijing’s Tiananmen Square.  The marchers also chanted, “We want human rights.  We don’t want a sanitized National Day.” 

Followers of Falun Gong also marched in silence, holding signs that read, “Dissolve the Chinese Community Party” and “Get rid of the red menace.”

Hong Kong protesters criticized China’s slow progress on human rights and democracy.  Pro-democracy activist Szeto Wah said, “[W]e can serve as a window – information about China can reach the outside world and information from the outside can flow in,” referring to Hong Kong’s role in shedding light on China’s problems since Hong Kong respects freedom of press and speech.

Lee Cheuk-yan, legislative council of Hong Kong, said, “After 60 years of communist rule[,] we see a regression in human rights and we can see that the Community Party has stepped up the effort in squeezing and suppressing human rights in China.”

The protesters also carried a fake coffin, which symbolized victims who were persecuted by China’s authoritarian and communist regime, to the Central Liaison Office, which is the Chinese government’s liaison office in Hong Kong.
For more information, please see:

AP – Hong Kongers protest on China’s National Day – 1 October 2009

New Tang Dynasty Television – Hong Kong Residents March for Human Rights in China – 2 October 2009

Tibetan Review – Protests dominate China’s National Day in Hong Kong – 3 October 2009

VOA – Protesters Denounce China’s Human Rights Record – 1 October 2009

West Australian Government Will Not Terminate Contract of Prisoner Transportation Services

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia – The West Australian government has decided not to terminate the contract of a private company which transports prisoners. Despite the suggestions of the coroner, who found that the transportation services of the private company posed serious human rights violations, the government will continue to contract with the company.

Mr. Ward, an Aboriginal elder, died of heatstroke during a transportation in a vehicle owned by the private company G4S. The coroner conducted investigations of the vehicle, and concluded that transporting Mr. Ward in the searing desert heat “was a disgrace,” and the van was “not fit for humans.”

The Government states that it supports the coroner’s recommendations, and agrees that there should be more training and monitoring of staff. The Government also agrees that prisoners should not be transported over long distances. However, Attorney-General Christian Porter says that the government will continue to contract with G4S.

Porter stated that the service could be brought back into the public sector. However, if it does stay in the private sector, Porter stated that, “the contract that governs the process will be a completely different type of contract to the one that presently exists.”

The Deaths in Custody Watch Committee says that G4S has caused the death of six people in Australia. Marc Newhouse, a representative from the Committee, says that the contract should have been terminated. He expressed outrage at the West Australian government’s inaction to terminate the contract.

Newhouse emphasized that G4S has been “subject to critical reports by the Australian Human Rights Commission” and is “not fit to operate in this country.”

Noongar elder Ben Taylor, an Aboriginal, contends that the racism in the system is causing Aboriginal people to suffer. Taylor is a member of the Watch Committee, and is determined to end the discrimination against the Aboriginal people.

Opposition Leader Eric Ripper argues that the government cannot simply terminate the contract so easily. By terminating the contract, Ripper argues that there could be financial consequences to the taxpayers. He further contends that this matter “needs careful examination rather than a kneejerk reaction.”

For more information, please see:

Deaths in Custody Watch Committee WA – Ward Campaign for Justice

ABC News – Van death: WA to keep prisoner transport contract – 30 September, 2009

Perth Independent Media Centre – Deaths in custody: WA to keep prisoner transport contract – 30 September, 2009

Kenyan Officials to be Handed Over to ICC

By Kylie M Tsudama
Impunity Watch Reporter, Africa

NAIROBI, Kenya – The Kenyan government has said that it will cooperate with the International Criminal Court (ICC) in its probe of abuses during the post-election violence.  While the names have not yet been published, it is believed that it includes ministers and prominent businessmen.

The ICC announced on Wednesday that it would pursue trials against the suspects because Kenya failed to meet its September 30 deadline to set up its own tribunals.

The violence following the December 2007 elections was among the worst in decades.  Fighting was triggered by accusations that the presidential election was rigged.  Ethnic clashes ended when a unity accord was agreed to.  About 1,500 people were killed and 300,000 were displaced during the two months.

Justice Minister Mutula Kilonzo welcomed the ICC decision.

“It was a statement by the top organ of the country that the government will cooperate with the ICC,” he said.  “The ICC can sit in Kenya and we do not have to surrender anyone we just need to arrest them, put them in cells and take them before the court when that time comes.   Unless Parliament repeals the International Crimes Act or Kenya withdraws from the Rome treaty, there is really no choice but to help Mr. Ocampo in his work.”

“But the government has no intention of repealing the law or quitting the treaty since it is in the process of reforming the country into an icon of governance,” he added.

Earlier this year the Kenya government declined to accept a bill that would have set up tribunals.  Parliament believed that it would amount to political interference.

Kofi Annan, former UN Secretary General, handed over the names of the top suspects to the ICC in July.  He was responsible for mediating the talks that led to the unity government between President Mwai Kibaki and Prime Minister Raila Odinga.

ICC Chief Prosecutor Luis Moreno Ocampo said he will prosecute those “most responsible” for the violence and leave Kenya to investigate any others.

For more information, please see:

Daily Nation – Ocampo’s Secret Evidence on Kenya – 03 October 2009

AFP – Kenya to Cooperate With ICC on Unrest Trials – 02 October 2009

BBC – Kenya Backs Poll Violence Trials – 02 October 2009

AllAfrica – Kenya: Govt to Hand Over Ministers to Hague – 01 October 2009

Bloomberg – Annan Will Visit Kenya Next Week to Review Political Changes – 01 October 2009