A Voice for the Voiceless

Fiji Courts Reopen Even Without the Chief Justice

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – The Higher Courts have reopened in Fiji today, but without the Chief Justice, who has gone on leave.

Seven weeks ago, Fiji’s president, Ratu Josefa Iloilo, declared himself head of state. He repealed Fiji’s Constitution and dismissed judicial members. Last month, Fiji’s President made a new decree which established the Supreme Court, Court of Appeal, the High Court and other courts as necessary. This decree made it possible for a chief justice to be sworn in, as well as other judiciary members. Those members were appointed amidst growing concerns over the new court system’s independence.

But Chief Justice Gates disagrees with those concerns. He says that, after witnessing five previous coups and dismissals of the judiciary, this time judges will stay on and help get more judicial members appointed.

“From such efforts will emerge a truly independent judiciary and in time a closer approximation to the rule of law than we have had in 20 years or more,” Chief Justice Gates said.

New judicial members were sworn in last Friday which included Chief Justice, Anthony Gates. Other appointed High Court judges included Justices Devendra Pathik, Daniel Gounder, and Sosefa Inoke. The interim government is expected to appoint more judicial members soon.

Although the courts reopen Monday, Chief Justice Gates is on leave until next week. His office expects he will resume work as soon as he returns.

For more information, please see:
Radio New Zealand International – Fiji higher courts reopen but Chief Justice takes leave – 25 May 2009

Fiji Daily Post – Avoiding the ’87 mistake – 25 May 2009

BBC News – Fijian leader reinstates judges – 22 May 2009

Spate of Attacks on Journalists in Ex-Soviet Republics in Recent Months

By Meredith Lee-Clark
Impunity Watch Reporter, Middle East

YEREVAN, Armenia – A prominent Armenian journalist, Never Mnatsakanian, was attacked by unknown assailants outside of his home in Yerevan, the Armenian capital, on May 6.  Mnatsakanian’s assault is the latest in a series of attacks on journalists in the South Caucasus region.  In addition to the assault on Mnatsakanian, the editor of a pro-opposition news website, Armenia Today, was severely beaten on April 30. The Paris-based media outlet, Reporters Without Borders, ranked Armenia 102nd out of 173 countries in its 200 report of media freedom.

News media have reported similar attacks on journalists in neighboring Azerbaijan. On May 10, Azerbaijani police used physical force against protestors marching against the commemoration of the “Flower Holiday,” a nationalist celebration of the late president.  News media reported that police had arrested thirty students involved in the protests.  Police also attacked Khadija Ismailova, director of the Baku bureau of Radio Liberty, after she tried to get information from them about the arrests.  Other sources report that Durna Safarli, correspondent for Radio Liberty, Elchin Hasanov, reporter for Yukselish Namina, and Afgan Mukhtarli and Layla Ilgar from the newspaper, Yeni Musavat, were also attacked by police as the journalists covered the Flower Holiday protests.

In Armenia, a senior police official has recommended that journalists carry guns to protect themselves against such attacks.  Several non-governmental organizations have called for police investigations, though many Armenians believe that such investigations are cursory at best.  One journalist attacked in late 2008, Edik Baghdasarian, is conducting his own investigation into the identities of his assailants.

Article 19, a United Kingdom-based advocacy group for free expression, has condemned the attacks on journalists in these former Soviet republics as “creating a climate of impunity for the perpetrators and fear amongst journalists working in these countries.”

For more information, please see:

NASDAQ – Armenian Television Journalist Attacked in Capital – Police – 22 May 2009

Article 19 – South Caucasus:  Continued Violence Against Journalists Symptomatic of Ongoing Repression in the Region – 15 May 2009

Eurasianet.org – Armenia:  Free Speech Under Assault in Yerevan – 14 May 2009

Human Rights House Network – Journalists Harassed by Police while Attempting to Cover Student Protests – 13 May 2009

Azeri Report – Student Protests Spoiled “Flower Holiday” of Azeri Government – 10 May 2009

U.S. Woman Gang-Raped in Iraq Seeks Justice by Overcoming a Mandatory Arbitration Clause

By Nima Nayebi

Impunity Watch Reporter, North America



NEW ORLEANS, United States – The fifth circuit heard arguments recently in the case of Jamie Leigh Jones, a Texas resident and former KBR employee who alleged she was gang-raped by Halliburton employees in 2005 while working in Baghdad’s “Green Zone.”


Jones sued Halliburton and several of its subsidiaries in 2005, but Halliburton insisted that she was bound by contract to submit all claims arising from the alleged rape to private arbitration. Jones argued that the arbitration clause of her contract did not apply to a claim involving rape, “because it is not a work-related matter.”


Fifth circuit Judge Keith Ellison wrote: “This court does not believe that plaintiff’s bedroom should be considered the workplace, even though her housing was provided by her employer.”


While in the Green Zone, Halliburton and its then-subsidiary KBR housed Jones in predominantly male living quarters. Jones reported being harassed just two days after arriving there, but her request for different living barracks was dismissed. She was told “to go to the spa” instead.


Just two days later, firefighters working for Halliburton allegedly drugged and brutally raped Jones, causing severe injuries which required reconstructive surgery. No criminal charges were filed against her assailants because the Coalition Authority limits the power of the Iraqi government in prosecuting foreign contractors.


Jones’ experience in Iraq led her to inaugurate the Jamie Leigh Foundation, a “nonprofit organization dedicated to helping United States citizens and legal residents who are victims of crime while working abroad for government contractors and subcontractors.” Jones had also been an outspoken critic of the Fair Arbitration Act of 1925 (FAA), which is currently under Congressional scrutiny.



Georgia Representative Hank Johnson has introduced H.R. 1020, the “Arbitration Fairness Act of 2009.” On 28 April, Jones and others adversely affected by mandatory arbitration clauses lobbied for the act during “Arbitration Fairness Day.” Representative Johnson stated: “One of our indelible rights is the right of a jury trial. Guaranteed by the Constitution, this right has been gradually ceded by citizens every day as they purchase a new cell phone, buy a home, place a loved one in a nursing home, or accept a new job. Once used as a tool for businesses to solve their disputes, arbitration agreements have found their way into employment, consumer, franchise and medical contracts.”


The fifth circuit’s decision will allow others who have been similarly victimized to challenge employment contracts which have kept them from suing in court.

Most Wanted Suspect Arrested in China for Trafficking Children

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China– China’s Ministry of Public Security arrested Zhang Weizhu, one of the most wanted criminals for human trafficking in China.  Zhang is the third suspect to be arrested after the Chinese police launched a nationwide campaign against human trafficking in April.

Despite the efforts by the Chinese police, the parents of kidnapped children claim that the government efforts are not enough to curb this growing social problem.  The parents are prevented by the police and neighborhood security committees from staging protests to bring attention to the problem.  A parent of a missing child with the surname Mo said, “On the day we planned to hold the protest, the police kept watch at the bus terminal and intercepted us.”

Parents who try to report their missing children to the authorities are often met with refusal by the police, and the local media has failed to publicize information regarding the abducted children.  A mother with the surname Deng said, “The TV station demanded a note from the police station proving that our child was really missing.”  She added, “But the police station said this was a big criminal case and…cannot be publicized.  They said it would have a bad effect on society.”

Chinese girl Young Chinese girl in Anhui Province (Source: AFP)

Nevertheless, Zhang Xinfeng, the Vice-Minister of Public Security, released a statement urging all authorities to continue their efforts in cracking down on the human trafficking rings and to compile a DNA database to identify the missing children.

There is apparently a huge market for children in China, and both boys and girls are being trafficked.  260 children were freed after the Chinese police solved 312 child trafficking cases since the campaign started in April, and there is a reward of 50,000 yuan ($7,326.55) for information leading to the arrest of the suspects on the top 10 most wanted list.
For more information, please see:

China View – China arrests most-wanted suspect in human trafficking cases – 22 May 2009

People’s Daily Online – Vice police chief vows to strike against human trafficking – 15 May 2009

Radio Free Asia – China Vows Action on Trafficking – 21 May 2009

Shanghai Daily – Police net third trafficker – 22 May 2009

Yemeni Police Kill Three in Clash with Protesters

By Nykoel Dinardo
Senior Desk Officer, Middle East

ADEN, Yemen – Three people died following protests in Southern Yemen during the week of May 18, after police clashed with the protesters.  One man died at the scene of the protest.  The other two died in the hospital shortly thereafter.   At least twenty-five others were injured and another 120 were arrested for their involvement.

The protests were focused on the political status of South Yemen.  The protests marked the 19th Anniversary of Unity Day, the day when South Yemen and North Yemen were united at one nation.  The people of South Yemen have claimed independence and many of the organizations leading the protests are considered separatist organizations.  Most of the protests have been organized by the Southern Movement, a group that is strongly against the government in Yemen’s capital, Sana’a.

Yemen is the poorest country in the Arabian Peninsula; however most of the oil reserves are located in South Yemen.  A large portion of the population is also located in the South.  Residents in the South claim that they face discrimination and live in poor economic conditions.  As the economic crisis has hit the country, residents of the South claim that they have been denied jobs and property so that they could be reserved for Northern residents. 

Over 3,000 protesters were trying to go into Aden City to protest these conditions when they were met by security forces that were sent to break up the groups.  When the protesters met the security forces, they used themselves as human shields when police fired live rounds into the crowd.  They also shot tear gas into the groups of people. 

State-run news agencies in Yemen refused to admit that the clash took place, despite reports of the clash in many international news sources.  The news agency, SABA, claims that the deaths were not caused by security forces but instead by “rogue elements.”  According to Aden Governor, Adnan al-Jefri, the event has been escalated and magnified by the media.  He told SABA on May 21 that there had been “no clashes…between security forces and demonstrators in Aden.” 

For more information, please see:

CNN – Yemen Denies Reports of Deadly Clashes – 22 May 2009

AFP – Yemeni President Urges Dialogue After Deadly Clashes – 21 May 2009

Al-Bawaba – Yemen: At Least Three Killed in Clashes – 21 May 2009

BBC – Civil War Fears As Yemen Celebrates Unity – 21 May 2009

Reuters – Three Killed as Police Disperse South Yemen Protest – 21 May 2009

SABA – Aden Governor: No Clashes Between Citizens and Security – 21 May 2009