BRIEF: Fiji Law Society Says Chief Justice Appointment Illegal

SUVA, Fiji – The appointment of the new chief justice, Anthony Gates, has sparked controversy in Fiji.  Gates replaced Daniel Fatiaki who resigned at the beginning of December, almost two years after the military-led interim government suspended him.  Under Fiji’s constitution, an elected prime minister chooses the chief justice in consultation with the opposition.  This recommendation then goes to the president.

Dorsami Naidu, the Fiji Law Society’s president, says that since that process has not been followed in the appointment of Anthony Gates as Chief Justice, it is unlawful.  Mr. Naidu stated, “Why do they shout from their rooftops that the constitution is in place when they have cannibalized the constitution as it were and any appointment made by this regime is unlawful.  They can make these appointments because they are in effective control of the country, but let’s not hide behind the facade.”

Mr. Naidu says anyone appointed to the office of Chief Justice must be above question, and that Anthony Gates does not fit that description.

For more information, please see:

Radio New Zealand International – Fiji’s interim regime’s accused of illegally appointing new Chief Justice – 22 December 2008

Vietnam Blogger’s Jail Term Sustained

By Pei Hu
Impunity Watch Reporter, Asia

HANOI, Vietnam – Today, nearly one in four Vietnamese use the internet and the number is steadily increasing. Vietnam authorities are worried over the growing number of bloggers and their increased use of the internet to express their views against the government. Currently, all Vietnam media agencies including televised news, radio and newspapers are state run. “They (state media) decide what we will hear, what we will read and what we will see,” said a blogger who identifies himself as Mr. Cold. “They are slaves of the Communists.”

In response, a senior Vietnamese internet security expert said that the Vietnamese authorities plan to police the content of dissident blogs through random checks and self-policing by the country’s blogging community. Authorities currently block some oversea websites that are critical of the government and authorities usually block anything they deem as encouraging public protest or any views that will anger China.

The government crackdown on bloggers has caused widespread criticism. “These new censorship regulations are not in accordance with freedom of speech, a right recognized by the Vietnamese constitution and international conventions signed by Vietnam,” said Le Minh Phieu, a Vietnamese legal scholar living in France.

On December 5, the Ho Chi Minh City People’s Court confirmed the September verdict and sentencing of Nguyen Hoang Hai, who uses the weblog name Dieu Cay and is a member of the online Free Vietnamese Journalists Club.

Dieu Cay has taken part in anti-Beijing demonstrations about a sensitive sea territory dispute with China and was arrested in April, days before the Olympic torch passed through former Saigon.
After a quick proceeding, the court upheld the sentence of two-and-a-half years imprisonment for Dieu Cay on the charge of tax fraud. “The police refused to let Dieu Cay pay his taxes in order to fabricate evidence of his guilt,” Dieu Cay’s lawyer told Reporters Without Borders. “This conviction was premeditated by the authorities.”

Many see Dieu Cay’s sentence as politically motivated. “The court took no account of new evidence submitted by Dieu Cay’s defence,” Reporters Without Borders said. “These rushed proceedings clearly show that the authorities are persecuting this blogger. The appeal court’s verdict was an unjust decision resulting from a trumped-up charge.”

Shawn Crispin, a Southeast Asia representative for the New York-based Committee to Protect Journalists, said “Nguyen Van Hai’s harsh treatment was meant to send a message to all of the country’s bloggers.”

For more information, please see:

AFP –  Vietnam Court Upholds Blogger’s Jail Term – 4 December 2008 

RFA – Vietnam to Police Blogs – 12 December 2008

RSF – Leading Blogger’s Conviction Upheld on Appeal – 5 December 2008

San Francisco Chronicle – Bloggers the New Rebels in Vietnam – 14 December 2008

Iranian Authorities Close the Defenders of Human Rights Center

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On December 21, Iranian authorities raided and indefinitely closed down the Defenders of Human Rights Center (DHRC) in Tehran. The DHRC was founded five years ago by 2003 Nobel Peace Prize laureate Shirin Ebadi. Ebadi received the award for her human rights work, making her the first Iranian to receive the honor. Ebadi was arrested at the raid and taken into custody for several hours. No other arrests were made, but the office remains closed.

The DHRC served as a place to report human rights violations in Iran, defend political prisoners and support families of those prisoners. The raid occurred as the center was preparing a celebration to mark the 60th anniversary of Human Rights Day on December 10.

Iran’s judiciary confirmed the closure of the center, stating it was involved in illegal activities. The judiciary claims the center was acting as a political party without obtaining a legal permit. The center is targeted for having illegal contacts with local and foreign organizations, and organizing news conferences.

In August 2006, the Iranian government informed Ebadi that the center was illegal and planned to arrest those who continued to work there.

According to Narges Mohammadi, deputy head of the center, dozens of policemen entered the office without showing a search warrant. The policemen said they were not obliged to show a warrant because they were wearing police uniforms. Iranian authorities have provided no written justification for the raid.

The DHRC is a member of the International Federation for Human Rights and has also been awarded a human rights prize by the Human Rights National Commission in France.

Over the years, Ebadi’s advocacy of human rights has led to imprisonment and a stream of threatening letters and telephone calls. Ebadi has noted the raid will not stop human rights activists in Iran. She insists the raid was illegal and she plans to protest.

 

For more information, please see:

CNN – Iran Raids, Closes Office, Nobel Winner Says – 21 December 2008

Huffington Post – Shirin Ebadi Office Shut Down by Iran: Nobel Laureate Claims Harassment – 21 December 2008

Iran Press Watch – Police Raid, Close Offices of Shirin Ebadi – 21 December 2008

News Daily – Police Raids Iran Nobel Laureate’s Office – 21 December 2008

Iranian Authorities Close the Defenders of Human Rights Center

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On December 21, Iranian authorities raided and indefinitely closed down the Defenders of Human Rights Center (DHRC) in Tehran. The DHRC was founded five years ago by 2003 Nobel Peace Prize laureate Shirin Ebadi. Ebadi received the award for her human rights work, making her the first Iranian to receive the honor. Ebadi was arrested at the raid and taken into custody for several hours. No other arrests were made, but the office remains closed.

The DHRC served as a place to report human rights violations in Iran, defend political prisoners and support families of those prisoners. The raid occurred as the center was preparing a celebration to mark the 60th anniversary of Human Rights Day on December 10.

Iran’s judiciary confirmed the closure of the center, stating it was involved in illegal activities. The judiciary claims the center was acting as a political party without obtaining a legal permit. The center is targeted for having illegal contacts with local and foreign organizations, and organizing news conferences.

In August 2006, the Iranian government informed Ebadi that the center was illegal and planned to arrest those who continued to work there.

According to Narges Mohammadi, deputy head of the center, dozens of policemen entered the office without showing a search warrant. The policemen said they were not obliged to show a warrant because they were wearing police uniforms. Iranian authorities have provided no written justification for the raid.

The DHRC is a member of the International Federation for Human Rights and has also been awarded a human rights prize by the Human Rights National Commission in France.

Over the years, Ebadi’s advocacy of human rights has led to imprisonment and a stream of threatening letters and telephone calls. Ebadi has noted the raid will not stop human rights activists in Iran. She insists the raid was illegal and she plans to protest.

 

For more information, please see:

CNN – Iran Raids, Closes Office, Nobel Winner Says – 21 December 2008

Huffington Post – Shirin Ebadi Office Shut Down by Iran: Nobel Laureate Claims Harassment – 21 December 2008

Iran Press Watch – Police Raid, Close Offices of Shirin Ebadi – 21 December 2008

News Daily – Police Raids Iran Nobel Laureate’s Office – 21 December 2008

Talks to Resolve NZ, Fiji Travel Bans Continue

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Government officials met yesterday after Fiji’s interim government threatened to expel New Zealand’s acting High Commissioner on Wednesday.

Fiji’s interim prime minister, Commodore Frank Bainimarama, announced last week that Caroline McDonald, NZ High Commissioner, would be kicked out of Fiji as punishment for travel bans imposed on Fiji.

Both Australia and New Zealand put into travel sanctions into place to demonstrate the countries’ disapproval of Bainimarama’s bloodless military coup of Fiji’s federal government in 2006. Tensions between Fiji and the Pacific community have increased since a Fiji High Court declared the military coup legal in October. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009.

Although Fiji threatened to expel Ms. McDonald yesterday, the countries are still negotiating and attempting to work through the impasse. A meeting was scheduled for 6 o’clock last night, although Fiji officials have not commented on the results of that discussion.

Interim Immigration Minister Ratu Epeli Ganilau has denied, however, that any such request to throw Ms. McDonald out has been made.

“Nothing has come through to me,” Ganilau said.

Meanwhile, Bainimarama has spoken publicly this week, indicating that he will not give into pressure, “no matter how harsh, debilitating and cruel such sanctions might be, even to the poor, the young and the innocent.”

For more information, please see:
FijiLive – No word on NZ envoy expulsion – 21 December 2008

FijiLive – NZ, Fiji seek way out of impasse – 20 December 2008