Fiji Law Society Joins Qarase in Appeal

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji – The Fiji Law Society (FLS) has announced they would like to be amicus curiae if ousted Prime Minister Lasenia Qarase appeals the recent High Court decision legalizing the 2006 coup that ousted him from office.

Dorsami Naidu, FLS president, thought the decision would “undermine the rule of law, weaken parliamentary democracy and parliamentary institutions rather than strengthen them.”nbsp; The decision was made in response to a panel held in Australia that expressed grave concern about the long-term ramifications of legalizing the coup.

Qarase has said his party hopes to file their appeal before the end of the month.  The party will also be looking for a new Queen’s Counsel because Nye Perram has been appointed judge to the Federal Courts of Australia.

Iliesa Duvuloco, Nationalist Tako Lavo party leader, claims the fight is not over yet and that he hopes justice will prevail.

For more information, please see:
The Fiji Times Online – FLS to join Qarase appeal – 26 October 2008

Cambodia: FBI Agents are Sent Home in Khim Sambo Case

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Two FBI agents were sent home after investigating the murder of journalist, Khim Sambo, and his 21 year-old son. Months after the death of Sambo and international pressure to solve the case, the United States offered the Cambodian government FBI assistance. However, the two FBI agents, who were helping Cambodian police on the case, pulled-out after 2 weeks of investigation.

The United States government was ambiguous on whether the withdraw was voluntary, but they felt the investigation was not going on the right track. Human rights organizations say the FBI agent’s departure is a negative development in efforts to solve Khim Sambo’s case. John Johnson, the Public Affairs Officer at the US Embassy in Phnom Penh, says he’s aware of human rights groups’ concern of police cover-up.

Sambo and his son were killed back in July. They were on their way back from working-out at an Olympic stadium in central Phnom Penh when a man riding on the back of a motorcycle fired upon them numerous times. Sambo died at the scene and his son died in the hospital the next day.

Brad Adams, the director of the Asia department at Human Rights Watch, said, “As in previous pre-election periods, this killing appears to be intended to send a message not to engage in opposition politics.”

Sambo had been a reporter for the Khmer Conscience, a newspaper affiliated with the opposition Sam Rainsy Party (SRP). Most other media in the country is dominated and controlled by the government or ruling party, Cambodian People’s Party (CPP).  Khim Sambo was known for writing about corruption and nepotism in the CPP. Less than two weeks leading up to Sambo’s death, he was reporting on national police chief, Hok Lundy. Sambo described Lundy as “one of the country’s most dangerous men.” According to Sambo’s report, Lundy allegedly went to a casino in Bavat and threatened to arrest the staff when they refused to lend him more credit after he lost his money.

Sambo’s investigation seems to be stalling. People close to the journalist, who may have information about the murder, have said that they are too afraid to speak to the investigators because they suspect police are involved.

The Press Freedom Organization added a call on the “US authorities to quickly publish the findings of the FBI agents who spent more than two weeks working with the Cambodian investigators on this case.” But the US government has not commented on the return of the FBI agents saying that it is an ongoing investigation.
For more information, please see:

Australia Broadcasting Corporation – FBI Continues to Investigate – 17 October 2008

Reports Without Borders – Who Masterminded Journalist Khim Sambo’s Murder? FBI Pulls Out of Investigation After Press Revelations – 15 October 2008

Human Rights Watch – Cambodia: Murder of Journalist Jolts Run-Up to Election– 16 July 2008

Survey Reports on Freedom of the Press

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

PARIS, France – The non-governmental, international organization Reporters Without Borders has released its annual report of World Press Freedom, in which it ranks 173 countries for the relative freedom of their press. Among the factors the organization uses to gauge the countries are violations that have a direct impact upon journalists including murders, imprisonment, physical attacks, threats of physical attack, censorship, confiscation and harassment.

Of the 20 countries rated as having the most free press, eight are European, but the report finds that the seventh most free press belongs to New Zealand.

While Australia is ranked 29 in the ranking (the same rank it held last year), the report makes specific mention of tensions between the Howard administration and the press.  The report noted “at least 1500 legal decrees and rulings” that made limited press and public accessibility to information.  Specifically mentioned was a provision that journalists “who might interview a person suspected of terrorism, is at risk of up to five years in jail.”  The report referred to Australia’s anti-terror laws “simply outrageous.”

Despite recent deportations of newspaper editors, Fiji ascended the list from last year.  The reports finds Fiji at 79, up from 107 last year.  Despite the marked improvement, Pramod Rae, General Secretary of the National Federation Party, called the ranking an “eye-opener” saying, “There are 79 more steps to climb and the press in Fiji should not throw in the towel now.”

Other countries in the region also moved up the list.  Tonga, which was listed last year at 119, is now listed at 84.  East Timor is ranked at 65, up from 94 last year.

The full list can be found here.

For more information please see:
Fiji Daily Post – Moving Up – 25 October 2008

The Australian – Australia’s press freedom criticised in Reporters Without Borders rankings – 24 October 2008

Fiji Times Online – Fiji ranked 79 for press freedom – 24 October 2008

Radio New Zealand International – Fiji and Tonga move up in World press freedom rankings – 24 October 2008

Fiji Interim PM Will Refuse to Address Coup’s Legality at Next Meeting

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s interim prime minister has announced that his government will not be pushed around by leaders from Fiji’s political parties in Monday’s meeting.

Interim Prime Minister, Commodore Frank Bainimarama, says Monday’s meeting will not be about the legality of the interim government. Bainimarama added that leaders interested in merely expressing grievances with the interim government may as well not show.

On October 9, a three judge court ruled that the 2006 military coup of Fiji’s federal government was legal. Ousted Prime Minister, Laisenia Qarase, is among several advocates pushing for elections in 2009 to restore Fiji to democracy.

But at this year’s 63rd UN General Assembly, Bainimarama told leaders that those elections will not happen as previously planned.

Bainimarama has preemptively told leaders attending Monday’s meeting, that the interim government is in charge and will do whatever it believes is in Fiji’s best interest.

For more information, please see:
Radio New Zealand International – Fiji interim regime stakes out political talk framework – 22 October 2008

UN’s Frustration Towards Myanmar Junta

By Ariel Lin
Impunity Watch Reporter, Asia

YONGANG, Myanmar – U.N. Secretary General Ban Ki-moon called on Myanmar’s Government and opposition to increase dialogue in his latest report to the General Assembly.  The report covers Myanmar’s development between 23 October 2007 and 5 September 2008, when the junta faced global condemnation for its crackdown on the biggest opposition protests in almost 20 years.   It also highlights UN envoy Ibrahim Gambari failure to meet with Suu Kyi or win concessions from the regime when he visited Myanmar in August.

In the report, Ban said “it remains a source of frustration that meaningful steps have yet to be taken by the Myanmar authorities in response to the concerns and expectations of the United Nations and the international community.” The main U.N. demands have been for the junta to release political prisoners, including Aung San Suu Kyi, and start a serious dialogue with the opposition.  However, it is unfortunate that specific suggestions of the United Nations to improve the credibility and inclusiveness of the political process have thus far not been taken up by the government.  Ban continued, “It is unfoHe urges all countries aiming for a solution in Myanmar to “work constructively together” in support of the UN’s efforts.

Myanmar Junta announced it had overwhelming public support in a May on an army-drafted constitution referendum, which was part of a process meant to culminate in multiparty elections in 2010 and end a nearly 20-year political stalemate.  However, Western countries have condemned the referendum as a sham.  Myanmar appointed a liaison officer to meet with the opposition leader Suu Kyi five times between November and January. The talks, the first since 2003, then stopped.  The UN also remains concerned about ongoing reports of armed conflict, associated human rights abuses, and humanitarian problems in ethnic minority areas, particularly in Kayin and Kayah states.

For more information, please see:

Bloomberg – Myanmar’s Failure to Talk With Suu Kyi Frustrates UN, Ban Says – 21 October 2008

Reuters – U.N.’s Ban frustrated by Myanmar inaction – 20 October 2008

UN News Centre- Enhanced dialogue among all parties vital for Myanmar’s political future – 20 October 2008