Fear of ‘Insanity’ in Japan’s Criminal Justice

By Megan E. Dodge
Impunity Watch Reporter, Asia

TOKYO, Japan – Prisoners on death row in Japan endure cruel conditions as they await capital punishment. Human rights group, Amnesty International, warns that the terms of the convictions are unjust.  

Last year, 15 prisoners in Japan were executed, and approximately 102 inmates are on death row presently. A number of them are elderly prisoners who have spent years or even decades in isolation. One inmate, Hakamada Iwao has been on death row for more than 40 years. From January 2006 to January 2009, 32 men were executed, and among them, 17 were over the age of 60, with five being in their seventies placing them as the oldest prisoners in the world who were executed. 

In a report compiled by Amnesty International, inmates on death row are held in isolation and not permitted to speak to other inmates. Aside from exercise sessions sanctioned two or three times a week, death row prisoners are prohibited from moving within their own cells and must remain seated. Amnesty International’s United Kingdom director, Kate Allen, referred to the death-row system as a “regime of silence, isolation and sheer non-existence.”

The human rights group fears that conditions of isolation faced by Japanese death row prisoners are making them mentally ill. In response, Allen called on the government to immediately halt executions: “rather than persist with a shameful capital punishment system, the new Japanese government should immediately impose a moratorium on all further executions.” The human rights group director also called the Japanese practice of informing prisoners that they would be killed with only a few hours notice was “utterly cruel.”

Researchers who attempted to report on the situation and policies of the Japanese justice system were discouraged in trying to compile facts due to the secrecy surrounding the country’s justice system. However, examiners were able to determine that Japan’s crime rate is low in comparison to other countries of a similar socio-economic level of development and the number of murders is also low. Despite the statistic that criminal trials have a 99% conviction rate, the actual level of imprisonment is relatively low, and the number of prisoners convicted and sentenced to death is a small fraction of all those convicted of capital offences – a little over 1% according to Amnesty International. Yet, those who are among those convicted of capital offences, the conditions preceding their final punishment is daunting and cruel leading to mental illness.

Japan’s code of criminal procedure states that if a person condemned to death is in a state of insanity, the execution shall be stayed by the justice minister. The fear by human rights groups like Amnesty International is that there is a rise of insanity among inmates caused by extreme conditions and the sheer length of their detention and police interrogation reform is needed to investigate these claims.

For more information, please see:

BBC – Japan death row ‘breeds insanity’ – 10 September 2009

Huffington Post – Amnesty International: Japan Must Stop Executing Mentally Ill Prisoners –11 September 2009

Guardian – Prisoners driven insane on Japan’s death row, says Amnesty – 10 September 2009

Ankara Talks Stall Between Iraqi and Syrian Officials

By Ahmad Shihadah

Impunity Watch Reporter, Middle East

ANKARA, Turkey – Talks have come to a stand still after officials from Iraq and Syria met in Ankara to discuss Iraqi allegations that Syria is harboring militants allegedly involved in deadly bombings on August 19 which killed more than 100 people and wounded more than 600. Turkey has been acting as a peace broker throughout the crisis between the two nations, especially since the recall of envoys from each nation respectively last month.

Among those present at the high-level talks were Turkish Foreign Minister Ahmet Davutoglu, Syrian Foreign Minister Walid al-Muallem, and Iraqi Foreign Minister Hoshyar Zebari.

The Iraqi government spokesmen Ali al-Dabbagh claims that the Iraqi delegation has evidence to back their allegations including communications, financing and logistic support by people living in Syria and who have relations with al Qaeda. The Iraqi Prime Minister Nouri al-Maliki alleges that 90 percent of foreign fighters in Iraq have entered through Syria, a claim the Syrian President Bashar al-Assad denies. Further, Iraq claims that Syria is harboring two Baathist leaders who plotted the devastating bombings in August.  Iraq has demanded that Syria hand them over to Iraqi officials; a demand Syria has refused.

This diplomatic feud has strained already tarnished relations between the two countries, which saw a slight resurgence since the removal of former Iraqi leader Saddam Hussein.

The talks collapsed after Syria refused acquiesce to Iraq’s demands that it extradite a list of people suspected to be involved in the bombings. Syria claims that the Iraqi government has not provided sufficient proof of involvement in the bombings to warrant extradition. The Iraqi government spokesman Ali al-Dabbagh, speaking for the delegation, stated, “We consider this security meeting as the final one.  Such a meeting won’t happen in the future unless Syria positively responds to the unchallenged evidence and proof presented by Iraq. This is the final meeting.”

Moreover, Prime Minister Nouri al-Maliki appealed to the U.N. Security Council to set up an international tribunal to investigate the bombings. The Iraqi government hopes to ease tension by discussing the matter with United States Vice President Joe Biden during his visit.

For more information, please see:

Al-Jazeera – Iraq and Syria to hold Ankara Talks – 13 September 2009

Yahoo News Agency – Iraqi Official: Talks with Syria over attacks fail – 16 September 2009

Reuters – Iraq says Syria must show will to stop militants – 11 September 2009

Targeted Sanctions Against Zimbabwe to Remain

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

HARARE, Zimbabwe –  The European Union (EU) delegation visit to Zimbabwe declares that more needs to be done before the relationship between the EU and Zimbabwe can be normalized.

Although meetings with President of Zimbabwe Robert Mugabe and Prime Minister Morgan Tsvangirai went well, there needs to be more progress regarding human-rights abuses, freedom of the media, and the implementation of the Global Political Agreement (GPA).

Gunilla Carlsson, Swedish International Development Minister, said that the targeted sanctions against Zimbabwe would not be lifted until the human rights issues were resolved.

The European Commissioner for Development and Humanitarian Aid, Karel de Gucht said that the EU fully supports the efforts of the unity government partners to reach an agreement.  He says that Mr. Mugabe told the delegation that he is committed to the GPA.

“We also think we can come to completion if both sides agree on benchmarks; on a road map, also how to come to on the one hand full completion of the GPA and on the other hand normalization of the relations between Zimbabwe and the European Union. But we are doing this in good spirits,” said de Gucht.

The GPA was signed a year ago by Mugabe, Tsvangirai, and Arthor Mutambabra.  Tsvangirai is the leader for the Movement for Democratic Change (MDC) and Mutambabra leads the breakaway faction of the MDC.  Since the signing, there have been many delays in the implementation of the deal.

Prime Minister Tsvangirai blames President Mugabe for these delays, saying that he is not doing enough on his part to have the sanctions lifted, which are blocking their relationship with the EU.

At a rally marking the 10th anniversary of the MDC party, Tsvangirai said he would not stand by as Mugabe, “continues to violate the law, persecutes our members of parliament, spreads the language of hate, invades or productive farms . . . ignores our international treaties.”

This particular visit by de Gught and Carlsson were the first EU visits since the EU began the targeted sanctions in 2002 against members of Mugabe’s government for alleged human rights violations.

For more information, please see:

BBC – Zimbabwe’s PM Alleges Persecution – 13 September 2009

The Vancouver Sun – Tsvangirai Criticizes Mugabe Party During EU Visit – 13 September 2009

VOA – EU Says Normalization of Relations With Europe Up to Zimbabwe – 13 September 2009

The Independent – EU Won’t Let Mugabe Off – 14 September 2009

U.S. Upgrades Colombia’s Human Rights Assessment Despite Concerns

By Mario A. Flores
Special Features Editor, Impunity Watch Journal

BOGOTA, Colombia — The United States has quietly made the legal certification this week that Colombia’s human rights record has improved in spite of reports alleging that serious abuses and impunity for illegal activity in the Latin American nation persist.

This certification will allow Colombia to access $32 million that Washington has withheld as part of a $545 million package that the U.S. government is to provide Colombia this fiscal year under the State Foreign Operations Appropriations Act. The funds are meant to fight gangs and drug smugglers.

State Department spokesman Ian Kelly said Colombia has “made significant efforts to increase the security of its people and to promote respect for human rights by its Armed Forces,” which justify the determination that the nation meets the legal certification criteria on human rights and paramilitary groups.

According to Kelly, factors that led to the upgraded finding are reforms and training that have resulted in respect for human rights by most of the Armed Forces coupled with significant advances in investigating and prosecuting human rights cases over the past few years.

Kelly described “several disquieting challenges” where Colombia must still make progress, including allegations of soldiers involved in extrajudicial killings — which the United Nations special rapporteur on extrajudicial executions described as “systematic”–, illegal surveillance by the government’s security agency, and the ability of the Prosecutor General’s Office to conduct thorough and independent investigations that result in accountability.

The Attorney General’s Office is said to be investigating cases involving more than 1,700 alleged victims in recent years.

Colombian officials insist they are trying to stamp out human rights abuses, but critics say abuses remain widespread in the country, where the government has been battling the left-wing guerrillas of the Revolutionary Armed Forces of Colombia (FARC) for years.

Ongoing anti-union violence, with the offenders rarely brought to justice, led the International Trade Union Confederation to say that Colombia is the deadliest country in the world for labor rights activists.

According to Human Rights Watch, there has also been an increased activity of new armed groups linked to paramilitaries. These groups engage in threats, targeted killings, and forced displacement of civilians, very much like the paramilitary groups of old that are supposedly demobilized.

The media and civil society have reported that there has been a recent rise in forced displacement partly as a result of the activities of these new paramilitary groups. Last year, more than 380,000 persons were internally displaced, according to Human Rights Watch.

Maria McFarland, senior Americas researcher at Human Rights Watch, said that the U.S. decision was disappointing and that Colombia’s government had responded to abuse allegations only after intense pressure.

For more information, please see:

The New York Times – U.S. Upgrades Colombia’s Human Rights Score – 11 September 2009

The Washington Post – US certifies Colombia’s rights record – 11 September 2009

Department of State – Determination and Certification of Colombian Government and Armed Forces with Respect to Human Rights Related Conditions

Human Rights Watch – Colombia: Obama Should Press Uribe on Rights – 26 June 2009

Charles Taylor Still on Stand Defending His Actions

By Kylie M Tsudama
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – Charles Taylor is still on the stand in front of the Special Court for Sierra Leone defending himself against allegations that he aided Sierra Leonean rebels during the country’s 11-year war.

On Monday Taylor continued to deny any affiliation between his National Patriotic Front of Liberia (NPFL) and the Revolutionary United Front’s (RUF) Foday Sankoh saying that if any agreement were made, the prosecution would have produced evidence of such.

“I had no pact with RUF leader Foday Sankoh for mutual assistance.  That could not have been necessary.  There has been no evidence in this court about Sankoh being involved in the conflict in Liberia or commanding an NPFL post.  There was no such thing because I did not know him at this time,” Taylor said.  He added, “There has been no evidence in this court about Sankoh being involved in the conflict in Liberia or commanding an NPFL post.”

He also denied having any knowledge of “Operation No Living Thing.”  During the prosecution’s case a witness testified that Taylor participated in the operation that ordered the deaths of anything that was living.

“I did not instruct anybody to launch such an operation.  I had no control over anybody in Sierra Leone.  There is no way that I would be in control or even in any type of situation of this sort when throughout the revolution in Liberia we never had these kinds of atrocities, so this is impossible,” he said.

Taylor also denied having anything to do with a witness’ claim that he was involved in an organized plan to destabilize West Africa saying, “There was no such thing like this that occurred.”

Taylor’s trial continues on Monday.

For more information, please see:

CharlesTaylorTrial.org – Taylor Did Not Order the Assassination of Sam Bockarie – 10 September 2009

CharlesTaylorTrial.org – Taylor Refuses Testimony of Key Prosecution Witness; Says He Did Not Plan to Destabilize West Africa – 09 September 2009

CharlesTaylorTrial.org – “I Was Not Aware of RUF’s Operation No Living Thing,” Taylor Says – 08 September 2009

CharlesTaylorTrial.org – Taylor Did Not Have Any Pact with RUF Leader Foday Sankoh for Mutual Assistance, He Says – 07 September 2009

Impunity Watch – Update: Trial for Charles Taylor Still in Progress – 27 August 2009