Cambodia Releases Alleged Killers of Prominent Labor Leader

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – On December 31st, the Cambodian Supreme Court decided to retry two alleged killers of a prominent labor leader due to unclear evidence. The Cambodian Supreme Court reversed the convictions of a 20-year sentence upheld by the Appeals Court.

In January 2004, Chea Vichea, the leader of Cambodia’s largest labor union was shot to death in broad daylight at a Phnom Penh newsstand. Vichea is a vocal critic of the Prime Minister, Hun Sen’s government and the murder was suspected to be politically motivated.

Born Samnang and Sok Sam Oeun were arrested and convicted of murder just days after the killing. They were each sentenced to 20 years in prison.  International and local human rights groups criticized the speedy trial and conviction.

Supreme Court judge, Dith Monty, dismissed the conviction upheld by the Appeals Court in 2007. Dith Monty said, “The case is a criminal one which requires more investigation,” adding in order to ensure Born Samnang and Sok Sam Oeun’s rights were not violated, the Court had “decided to release the two suspects provisionally, but under watch of the Court.” The judge also ordered the Appeals Court to retry the case.

The two men denied any involvement in the killing. They told the Court, which was filled with diplomats, human rights activists, and journalists, that they have been framed by the police.  Heng Pov, the former chief of police in Phnom Penh and led investigator of the murder of Vichea also believed Born Samnang and Sok Sam Oeun’s innocence.

The UN human rights officials, the United States and relatives of the two men welcomed the Court’s decision. The Supreme Court’s decision “was greeted with a warm round of applause by the public, including the families of the defendants, as it truly deserves,” the UN rights office said in a statement. Additionally, the UN office “hopes that this decision will set the standards for the future handling of all criminal cases by Cambodian courts.”

In a statement, the United States embassy’s charge d’affaires Piper Campbell urged the Appeal Court to “take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process.”

For more information, please see:

AFP – Cambodian Court Releases Alleged Killers of Union Boss – 31 December 2008

HRW – Cambodia: Supreme Court Tested by Labor Leader’s Murder Case – 27 December 2008

Phnom Penh Post – Convicted Killers of Labor Leader Released Pending Retrial – 31 December 2008

Canada’s Resolution on Human Rights Violations in Iran Approved

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TORONTO, Canada – Canada is the main sponsor of a draft resolution on human rights violations in Iran. The UN General Assembly committee recently passed Canada’s resolution. The draft was approved by 70 members of the General Assembly’s Third Committee. Fifty-one members voted against and 60 members abstained.

Iran called for a “motion of no action” in an attempt to prevent the General Assembly from considering the resolution. The motion of no action was defeated by one vote. On December 18, the fifty-fifth UN resolution concerning human rights violations in Iran was passed.

The resolution accuses Iran of gross human rights violations, including torture and cruel, inhuman or degrading treatment or punishment, such as flogging and amputations. It criticizes the Iran for executing juveniles, killing people by stoning, and for discriminating against women. In addition, Iran is accused of maintaining a lacking legal process and for arbitrarily sentencing political and religious opponents to prison. The resolution urges Iran to stop human rights violations affecting religious and ethnic minorities, including Jews, Christians, Kurds, Arabs, Sunni Muslims and Baha’is.

The resolution calls on Iran’s government to improve its progress toward a greater realization of the protection and promotion of human rights for all Iranians.

The resolution was co-sponsored by 42 European and North American countries. Israel, Fiji and Micronesia have also shown their support. Several non-government groups took part in the campaign, including members of the Baha’i faith, some 30,000 of whom live in Canada.

Though, the General Assembly resolution is not legally binding, a resolution approved by the 191-member states carries more political weight than those passed by the 53-member human rights commission in Geneva, which passed a similar resolution in April 2001.

Lawrence Cannon, Canada’s Minister of Foreign Affairs, emphasized the importance of the resolution, by stating that “It sends a message of hope to the victims of state-sponsored brutality and to the human rights defenders who seek to effect positive change in Iran.” Cannon noted that Canada will continue to promote Canadian values, such as freedom, democracy, human rights and the rule of law across the world.

According to Iran’s FARS news agency, Iran has recently released a book titled “Human Rights Violation by Canada,” as well as a 70-page booklet accusing Canada of unlawful strip searches and beatings by Canadian police. Furthermore, Iran has accused Canada of following the Israeli regime in supporting a propaganda campaign against Iran.

For more information, please see:

United Nations – General Assembly Adopts 52 Resolutions, 6 Decisions Recommended by Third Committee on Wide Range of Human Rights, Social, Humanitarian Issues – 18 December 2008

Ahwaz – Iran Fails to Stop UN Condemnation – 26 November 2008

The Gazette – Canada Leads Victory Over Iran on Rights – 24 November 2008

United Nations – Third Committee Draft Resolutions Address Human Rights Situations in Myanmar, Democratic People’s Republic of Korea, Iran – 21 November 2008

BNET – U.N. Adopts Human Rights Resolutions Against Myanmar, Iran – 18 November 2008

French Polynesian Politician Denies Ties to Missing Journalist

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

PAPEETE, French Polynesia – A veteran French Polynesian politician has called allegations against him “scandalous” after a letter was found in his home describing the abduction, torture, and murder of a journalist.

In 1997, journalist, Jean-Pascal Couraud, disappeared. Four years ago, members of the Couraud family alleged that Jean-Pascal was murdered after Mr. Vetea Guilloux, a former spy for prominent French Polynesian politician, Gaston Flosse, claimed that the Grupement d’Intervention de La Polynesia (GIP) drowned the journalist off the coast of Tahiti.

Flosse originally created the GIP intervention force when he was president of French Polynesia to employ young men not only domestically but also in the Cook islands, Tonga, and Niue. The Force quickly grew and was criticized for becoming, what some saw, was a private army used for spying and intimidation.

In 2004, Flosse publically stated before a Tahitian assembly that he never ordered Couraud’s death.

Three months ago, a letter describing Couraud’s murder was found during a search of Flosse’s home. AFP news source reports that a former member of the GIP, Vetea Cadousteau, wrote the letter. Mr. Cadousteau’s body was found in a Tahitian valley five years ago. Experts are trying to determine the authenticity of the letter.

In addition, the letter implicates a GIP member as an accomplice in Couraud’s alleged murder. That accomplice, however, also died under circumstances yet to be investigated.

Flosse, meanwhile, has issued a statement claiming that the media’s persistence in attacking him is ridiculous. Flosse argues that not even the judiciary are pursuing him.

Following recent reports on the letter, Flosse has declined to respond.

For more information, please see:
Radio New Zealand International – Veteran French Polynesian politician says ongoing JPK speculation is scandalous – 31 December 2008

Radio New Zealand International – Letter’s discovery widens mystery around missing French Polynesian journalist – 30 December 2008

Island Business News – We Say: FRENCH POLYNESIA

Human Rights Groups Question Israeli Targeting Decisions

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

GAZA CITY, Gaza – On January 1, Israel continued its military operation in Gaza, launching strikes from drones, manned aircraft and the sea.  Targets were mainly government buildings in Gaza City; including the parliament building and the justice ministry.  Palestinians also report that the buildings housing the Ministry of Education and Ministry of Transportation were virtually destroyed.  Other targets include Hamas security compounds, smuggling tunnels, and the homes of Hamas leaders.

Also, on January 1, Palestinian and Israeli sources confirmed that Nizar Rayyan, a senior Hamas leader, was killed during an air strike on his home in Gaza.  Rayyan is the most senior Hamas leader to be killed since 2004.  Israeli Channel 10 news reported that Rayyan was the “mufti” of Hamas’s military wing and had replaced Sheikh Ahmed Yassin as Hamas’ top cleric.  Palestinian medics say that Rayyan’s wife and three children were also killed in the strike.

While Rayyan often wears a military uniform, Hamas considered him to be a political leader.  Targeting him indicates that Israel might target other key members of the Hamas leadership – individuals who Israel holds responsible for the rockets fired from Gaza. 

However, Israeli targeting decisions have been criticized by some human rights organizations.  B’Tselem, an Israeli human rights organization, recently expressed concern over statements made by Israeli military officials regarding legitimate targets.  Specifically, B’Tselem cited a statement from Major Avital Liebowitz, of the IDF Spokesperson’s Office: “Anything affiliated with Hamas is a legitimate target.”  Also, Liebowitz confirmed that the army had widened its target list in comparison to previous operations. 

B’Tselem is concerned that the statement suggests that any person or entity connected with Hamas is now viewed as a legitimate target, regardless of whether they are engaged in military action against Israel.  B’Tselem went on to identify some targets that have been hit since the operation began which may not have been legitimate. 

The first example was the bombing of the main police building in Gaza, where over 40 Palestinians were killed.  According to reports, the individuals were participating in a course teaching first-aid, handling of public disturbances, human rights, and public-safety exercises.

Another example offered by B’Tselem was the bombing of specific government buildings; including the Ministry of Foreign Affairs and the Ministry of Labor, Construction and Housing.  According to B’Tselem, the activity in these places is not military activity, making them clear civilian objects.  Thus, B’Tselem concluded, targeting them is a violation of international humanitarian law.

Human Rights Watch (HRW) expressed similar concerns.  Joe Stork, Deputy Director of HRW’s Middle East and North Africa division, stated that “Israel should not target individuals and institutions in Gaza solely because they are part of the Hamas-run political authority, including ordinary police. Only attacks on military targets are permissible, and only in a manner that minimizes civilian casualties.”

“Israel must not make a blanket decision that all police and police stations are by definition legitimate military targets,” Stork continued. “It depends upon whether those police play a role in fighting against Israel, or whether a particular police station is used to store weapons or for some other military purpose.”

Like B’Tselem, HRW identified three Israeli attacks that raised particular concern about Israel’s targeting decisions and called for independent inquiries into whether the incidences violated the laws of war.  In these incidences, 17 civilians were killed, including seven children.

According to the UN, 25 percent of the over 400 Palestinians killed have been civilians.  However, this figure does not include Hamas police officers not involved in other military activity.

For more information, please see:

Al Jazeera – Israel Kills Senior Hamas Figure – 1 January 2009

Associated Press – Israelis Detail Combat Sorties over Gaza – 1 January 2009

BBC – Gaza Violence Goes into Sixth Day – 1 January 2009

BBC – Hamas Leader Killed in Air Strike – 1 January 2009

The Guardian – Israel Rejects Ceasefire as Warplanes Attack Government Buildings in Gaza – 1 January 2009

Jerusalem Post – Nizar Rayyan Considered Successor of Ahmen Yassin – 1 January 2009

Radio Netherlands – Israel Targets Government Buildings in Gaza Strip – 1 January 2009

B’Tselem – B’Tselem to Attorney General Mazuz: Concern over Israel Targeting Civilian Objects in the Gaza Strip – 31 December 2008

Human Rights Watch – Israel/Hamas: Civilians Must Not be Targets – 30 December 2008

UN Security Council Fails to Vote on Gaza Resolution

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

NEW YORK CITY, United States – On December 31, the UN Security Council held an emergency meeting at the request of the Arab League to discuss Israeli operations in Gaza.  The Security Council envoys began with closed-door consultations but then moved into a formal public meeting.  During the meeting, Libya, the only Arab state on the Security Council, presented a resolution drafted by the Arab League earlier that day.

The draft resolution “strongly condemns all military attacks and the excessive, disproportionate and indiscriminate use of force by Israel, the occupying power, which have led to the death and injury of scores of innocent Palestinian civilians, including women and children.”  It also calls for “an immediate ceasefire and for its full respect by both sides.”

Additionally, the draft resolution calls on Israel “to scrupulously abide by all of its obligations under international humanitarian law, particularly under the Geneva Convention relative to the protection of civilians in time of war.”  Specifically, it calls “for the immediate and sustained opening of the border crossings of the Gaza Strip,” and the resumption of humanitarian aid deliveries to its population.

AFP reports that the language in the draft resolution has been amended since the initial version was released to the press in Cairo.  The initial version characterized Israel’s actions in Gaza as “barbaric aggression” and as “collective punishment” of the Palestinian people.

However, the Security Council meeting adjourned without a vote on the draft resolution.  Since the it did not mention the rockets being fired by Hamas, British and US ambassadors said the draft resolution seemed too partial. 

US Ambassador Zalmay Khalilzad stated, “This resolution as currently circulated by Libya is not balanced and therefore, as currently drafted, it is not acceptable to the United States.”  Britain’s UN Ambassador, John Sawers, added “any resolution will need to reflect the responsibilities of all parties…There is no mention so far of the rocket attacks that have triggered the Israeli offensive.”

During the emergency meeting, Riyad Mansour, the Palestinian permanent observer, called on the Security Council to take strong and urgent action.  He said, “Our children in the Gaza Strip today and their mothers are looking up to you to stop this barbarian aggression and to protect them from this criminality, this forced hunger and this deliberate killing.”

Israeli Ambassador to the UN, Gabriela Shalevl, told the Security Council that Israel will continue its operation in Gaza as long as it needs to and will defend its citizens against terror.  In a statement during the emergency meeting, Shalevl said that Israeli citizens will not be “ducks on a shooting range.”

For more information, please see:

Al Jazeera – UN Divided on Gaza Resolution – 1 January 2009 

BBC – UN Fails to Make Progress on Gaza – 1 January 2009

International Herald Tribune – Arabs Want UN Resolution to Halt Gaza Attacks – 1 January 2009

Yedioth – Israel to UN: We’ll Continue Gaza Op – 1 January 2009

AFP – UN Security Council Takes Up Arab Resolution on Gaza – 31 December 2008

Reuters – UN Security Council Meet on Gaza Violence – 31 December 2008