Marshall Islands Chief Judge Chides Government for Illegal Detention of Prisoners

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

Majuro, MARSHALL ISLANDS – Marshall Islands Chief Justice Carl Ingram has criticized police and government forces for the second time in as many monthsover the unlawful detention of a prisoner.  During an assault hearing, Justice Ingram learned that the defendant, Bai Lanej, had been held in a Majuro prison for thirteen months before coming before receiving a hearing.  Lanej, who was arrested in February 2008 on charges of aggravated assault, has been sitting in prison until this week.  Under Marshall Island law, a person must be given a hearing within twenty-four hours of being arrested or be released.  In response to the Lanej’s treatment, Justice Ingram ordered him released on his own recognizance until the case is resolved.

This is not the first time that Justice Ingram has had harsh words for the government over treatment of prisoners, last month he discovered that a prisoner was held for a month after his release date without advising the court.
Speaking of the situations in the Marshall Islands, Justice Ingram said, ““If the Ministry of Justice does not take action immediately to correct this situation, the Court will do as much as it can consistent with the Constitution and the laws of the Republic.”
The United States’ State Department issued a report last month, finding that the prison conditions in Majuro did not comply with international standards.  Among the deficiencies reported were inadequate lighting, poor ventilation, poor sanitation and a lack of separate facilities for female and juvenile prisoners.
For more information, please see:
Marshall Islands Journal – Lanej left to rot in jail – 27 March 2009
Radio New Zealand International – Marshall Islands Chief Justice angered by treatment of some prisoners – 27 March 2009

Turkmenistan Should Follow UN Recommendations

By Shayne R. Burnham
Impunity Watch Reporter, Asia

TURKMENISTAN – Human Rights Watch calls upon the government of Turkmenistan to reform human rights in accordance with the recommendations of the United Nations’ (UN) Human Rights Council.

In December 2008, under Universal Periodic Review, the Turkmen government rejected various recommendations.  These recommendations included the release of political prisoners, undergo a review of past cases of political imprisonment, and lift arbitrary travel bans on human rights activists.

Since the review in December 2008, Turkmenistan has not taken any active steps to carry out the recommendations.  It only listed programs, reports, and legislation in a February 2009 statement.

Human Rights Watch believes that more direct and immediate action can relieve some human rights problems.  “The Turkmen government can resolve quite a few human rights problems immediately, since they require nothing but political will. . . .  Releasing political prisoners and granting access to independent human rights monitors are steps authorities can and should take right away, to demonstrate a true commitment to reform.

March 19, 2009 was Turkmenistan’s final session before the Human Rights Council, which took place in Geneva.  Human Rights Watch believes that Turkmenistan should “demonstrate the political will” and adopt the recommendations.

“Today’s session in Geneva is a golden opportunity for Turkmenistan’s leadership to show it is ready to make a genuine commitment to reform,” said Maria Lisitsyna, Central Asia researcher at Human Rights Watch.  “The countless victims of human rights abuse in Turkmenistan deserve nothing less.”

Human Rights Watch considers Turkmenistan “one of the most repressive countries in the world.”  Human Rights Watch cites that the Turkmen government has banned human rights monitors from entering the country for the past ten years.  In addition, journalists and other private activists are not able to work freely and receive pressure from the government.  Therefore, the UN is one of the only means to investigate Turkmen human rights practices.

“The Turkmen government should treat external scrutiny of its human rights record not as a threat, but as an essential component of an accountable government,” said Lisitsyna.

For more information, please see:

Amnesty International – Turkmenistan: Amnesty International Urges Turkmenistan to Fully Implement Recommendations Made Under the Universal Periodic Review – 20 March 2009

Human Rights Watch – Turkmenistan: Commit to Human Rights Reform – 19 March 2009

Radio Free Europe Radio Liberty – HRW Urges Turkmenistan to Expedite Human Rights Reforms – 20 March 2009

Pakistani Terrorist in Mumbai Attacks on Trial in India

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MUMBAI, India – The trial of gunman Mohammed Ajmal Kasab for the 2008 terrorist attacks in Mumbai has begun on Monday in India.  He is the only gunman charged.

Kasab was captured on the first day of the attacks and has been held in jail until his trial.

The proceeding was conducted over a video link from prison.  Kasab was not brought into the court room for security reasons.  The jail barrack in which Kasab stays has been bomb proofed.

Judge M.L. Tahiliyani asked Kasab to identify himself and where he was from.  Kasab replied that he was from Faridkot, in the Punjab province of Pakistan.

Public prosecutor Ujjwal Nikam said that that Kasab was smiling as the charges were being read to him.  Kasab also asked for legal counsel and accepted a court appointed advocate.  Nikam said, “Kasab and his co-conspirators informed the court that they are not in a position to engage any lawyer, therefore they would be provided an advocate through legal aid committee.”

Kasab is charged with twelve criminal counts, including murder and waging war against India.  He could face the death penalty if convicted.

Pakistani officials have acknowledged that Kasab is Pakistani and that attacks were plotted on their soil.  Pakistan announced criminal proceedings against eight suspects.

India blamed the Pakistani Islamic militant group, Lashkar-e-Taiba, for the attacks last year and say that most are from Pakistan.  The relations between India and Pakistan has worsened because it blames Pakistan for not clamping down on terrorism.

As a result of the three day attacks, about 164 people were dead.  Nine other attackers were killed.  The terrorists targeted luxury hotels and a Jewish community center.

The next hearing is set for March 30, where Judge Tahilyani will appoint counsel for Kasab.

For more information, please see:

Associate Press – Trial Opens for Gunman in Mumbai Attacks – 23 March 2009

Express India – Court to Decide Kasab’s Lawyer From Legal Panel on March 30 – 24 March 2009

Times of India – Bomb-proof Jail Within Jail for High-Profile Kasab Trial – 19 March 2009

Voice of America – Mumbai Terror Strike Gunmen Faces Trial in India – 23 March 2009

Colonel Driti Threatens Critics of Interim Government

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji– Republic of Fiji Military Forces’ Land Force Commander, Colonel Pita Driti, has said the Fiji Times should be closed down.  In a statement he said, “The Fiji Times in particular is the most non-cooperative and biased newspaper in the country.”  Colonel Pita Driti went to say it “should be closed down immediately.”  He has also disagreed with the Fiji Media Council’s advice to political parties and stakeholders to take their grievances to the media.

The Fiji Times Editor, Netani Rika, has said it is unfortunate for Colonel Driti to make the statement, “The Fiji Times has always covered positive and not-so positive incidents and issues involving the arm and the interim administration.”  Mr. Rika went on to say, “If Colonel Driti provides us with particular issues which have not been covered, I will be happy to address these individually.”

Colonel Pita has also threatened to exclude the SDL, National Federation Party, and certain NGOs from future political leaders’ meetings if they do not curtail their public criticism of the interim government.  He said the President’s Political Dialogue Forum, “is one that is designated for the sensitivity of having parties drawn carefully towards a common end, state, or vision.”  He went on to say, “the verbal attacks by the two parties will only be a clear indication of the non-adherence and non-alignment to the Forum’s guidelines, its themes, and its strive to take Fiji forward.”

Colonel Pita added that the military coup in 2000 happened to “prevent Fiji falling into the abyss of lawlessness and disorder with mass genocides, ethnic cleansing, and battle between warlords, let alone civil war now that is a national security angle that I am speaking from on behalf of the military as the final bastion of law and order.”

Ousted Opposition Leader Mick Beddoes responded to the statement, saying it reflects little faith in Fiji’s citizens.  Mr. Beddoes said “it is the participants of coups and treason who destroy what we have built, and have such little faith in the good will of our people who would never consider such horrendous possibilities occurring in Fiji.”

For more information, please see:

Fiji Times – Military threatens to lock out critics – 25 March 2009

Fiji Times – Closure Threat – 26 March 2009

Fiji Times – Criticism is inciting: Driti – 27 March 2009

Fiji Times – Driti lacks faith in majority’s goodwill: Beddoes – 28 March 2009

Canada Ignores Mexican Violence in Providing Refugee Statu

27 March 2009

Canada Ignores Mexican Violence in Providing Refugee Status

By Maria E. Molina
Impunity Watch Reporter, North America

OTTAWA, Canada – The Canadian government is prohibiting the entry of Mexicans  seeking refuge and safety in Canada as a result of violence.

Part of the difficulty for refugee applicants is that Immigration and Refugee Board judges Mexico as a country that is able to protect its citizens.  As such, the Canadian government doesn’t believe that Mexicans are genuine refugee cases, or fleeing from genuine persecution in Mexico. Instead, the Canadian government suggests claimants can simply relocate to another part of Mexico.

Instead, the Canadian authorities assert that Mexican refugee claimants are economic migrants to Canada. This is unrealistic.  Mexico is plagued by violence, lack of protection from the authorities, corruption, and drugs. It is unconscionable that the Canadian government is prejudging asylum claims from Mexico.

More than 8,000 deaths have been linked to drug-related violence in Mexico over the past year.  The situation has also alarmed the United States government. The Obama administration sent 500 federal agents to assist the Mexican officers.

There is a high rejection rate for Mexican claimants – 90 per cent.  Some of the people rejected have received direct threats for different reasons.  They were either caught in the middle of drug cartels when they are trying to control an area, or they saw a crime or corruption. The Immigration and Refugee Board need to look closely at the nature of the claims because there are serious human rights concerns with respect to people coming from Mexico.

Because Mexicans do not require a visa to enter Canada, they are exempt from a Canada-U.S. treaty that requires refugees to make a claim in the first country they enter – called the Safe Third Country agreement. This makes the entire process for Mexican refugees easier. In cases of serious threat, this exemption is a matter of great concern.

For more information, please see:

CBC News – Canada ignores drug violence in Mexican refugee cases: advocates – 27 March 2009

Financial Post – How do you abuse a refugee system with no rules? – 26 March 2009

The Canadian Press – Canada ignoring refugees from Mexican violence: advocates – 27 March 2009