Kyrgyzstan Fails to Protect Lesbians, Transgender Men, and Bisexual Women from Violence

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia


BISHKEK, Kyrgyzstan
– Human Rights Watch (HRW) has called on the Kyrgyzstan government to protect lesbians, transgender men, and bisexual women from violence.  According to HRW, lesbians, transgender men, and bisexual women face violent abuse, including rape, from family members as well as strangers on the street.

The HRW report documents beatings, forced marriages, psychological and physical abuse endured by the lesbian, transgender men, and bisexual women communities.  “No one should have to confront brutality or danger because of who they are or whom they love,” said Boris Dittrich, advocacy director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at HRW.

The violence in Kyrgyzstan occurs with impunity as the government refuses to protect lesbians, transgender men, and bisexual men while allowing the atmosphere of prejudice to continue.  There is a pervasive social prejudice that leaves victims little hope that the government will protect them.  In some instances, the police participate in the abuse and harass organizations that attempt to protect possible victims.  Dittrich stated, “It is time for the government to protect these communities instead of denying they exist.”

The government has also ignored addressing the issues of sexual orientation and gender identity. In one case, an official actually endorsed hate and violence. Three years ago, a Ministry of Interior official said of lesbians and gay men at a human rights roundtable, “I would also beat them. Let’s say I walk in a park with my son. And there are two guys walking holding each other’s hands. I would beat them up too.”

Several persons interviewed by HRW recounted their past violent experiences.  One lesbian told how, when she was 15, her girlfriend’s brothers raped her brutally, saying, “This is your punishment for being this way and hanging around our sister.”  Another woman told of an acquaintance that locked her in a room and allowed several men to rape her. The men promised the acquaintance “that they would help her to ‘cure’ me of being a lesbian,” she said.  Another woman told HRW, “One time, these men on the street thought that I was a gay man and wanted to beat me up. I didn’t know which would be better, to say I was [a gay man] or to say, no I’m a lesbian. So I ran. They chased me and I just managed to get inside [my apartment], but they beat at the door for hours.”

For more information, please see:

Human Rights Watch – Kyrgyzstan: Protect Lesbians and Transgender Men From Abuse – 6 October 2008

Human Rights Watch – These Everyday Humiliations: Violence Against Lesbians, Bisexual Women, and Transgender Men in Kyrgyzstan – October 2008

United Press International- Kyrgyzstan Faulted for Human Rights Abuse – 6 October 2008

Bainimarama Wants Elections as Soon as Practicable

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s Interim PM, Commodore Voreqe Bainimarama wants to call for elections as soon as practicable.  It is reported that Bainimarama has written to political parties for a meeting next week to set the agenda and terms of reference for a forum for presidential political dialogue.  Political leaders were told the agenda would remain open and flexible but the overall objective would be to move toward constitutional and democratic governance.  Ousted PM, Laisenia Qarase, has welcomed this call for a meeting.

The independent interlocuters named are Dr. Sitiveni Halapua of the Pacific Islands Development program of the East West Centre and Robin Nair who is a member of the President’s Independent Monitoring Group.

As SDL party leader, Qarase has said they will participate though they have reservations over the interlocuters.  Political parties have until Wednesday to respond to the invitation.

For more information, please see:

Fiji Times Online – It’s on – 21 October 2008

Pacific Magazine – Fiji’s Interim PM Wants To Call For Elections – 21 October 2008

High Court Ruling May Effect Police Brutality Cases

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – The Fiji Women’s Crisis Center is questioning how this month’s judicial ruling legitimizing the 2006 military takeover in Fiji will effect cases involving police brutality.

On October 9, a three judge court dismissed former prime minister, Laisenia Qarase’s request to have the 2006 military coup declared illegal.

“Of course, the ruling is going to affect the cases that have already been filed against the military and police. The judgment by the High court was political,” said Shamima Ali, the Center’s coordinator.

The Fiji Women’s Crisis Center has raised concerns over whether the interim military government will treat cases involving police and military officers differently.

In particular, the Center identified two cases of alleged brutality which remain pending in court. The first involves a man named Tevita Malasebe, 31, who was a rugby player from Nabua, Suva. Malasebe was beaten to death by police in June of last year. Another man, Nimilote Verebasaga, was taken by soldiers in the middle of the night. He was pronounced dead the next day at the military hospital.

Ali added, “It means those officers implicated in the alleged murder cases and brutality cases before the courts won’t be prosecuted because of the immunity clause.”

For more information, please see:
Fiji Times – Fiji Court Ruling Could Impact Brutality Cases – 20 October 2008

Lawyers Face Pressure to Drop Tainted Milk Cases

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – A group of lawyers advising the families of children sickened in China’s tainted milk case facing growing official pressure to withdraw from the cases.  The group already has helped the parents of a 1-year-old boy who developed kidney stones after drinking tainted milk to file a lawsuit against the dairy company, Sanlu Group Co.  The court in Henan province has not yet decides whether it will hear the suit.

The tainted milk scandal caused at least four babies have died and more than 54,000 children have been sickened in China.  The Chinese government acknowledged the dairy industry was “chaotic” and had suffered from a grave lack of oversight, while pledging to monitor milk products from farm to dinner table.  However, the government has also imposed controls on media coverage of the crisis, and pressured families and lawyers to withdraw from cases related to the scandal.  Officials from the provincial government’s justice department in Henan province told at least 14 lawyers by officials to stop their activities, said Chang Boyang, one of the lawyers.  “They called me and my boss at my law firm and put pressure on me, and they said that this has become a political issue and that I ought to follow the arrangements set out by the government.” Chang said.  “If this suggestion is disobeyed, the lawyer and the firm will be dealt with,” Chang quoted the official.

Organizers of the campaign and some of the lawyers confirmed officials in some provinces have pressured volunteers or their bosses to give up the campaign.  “About two dozen of the lawyers have called these past days to say they want to quit the volunteer advice group,” said Li Fangping, a Beijing lawyer who helped organize the group.  “Some of them said that they or their offices were told they’d face serious repercussions if they stayed involved, ” Li Fangping added.

According to a Beijing-based lawyer, Li Jinglin, the Beijing Lawyers’ Association called a meeting with several of its serving officer members and the justice department to discuss the milk powder cases.  “At that meeting, those in charge said they had received a very clear message from the Hebei provincial lawyers’ association that we should not involve ourselves in Sanlu-related cases,” said Li Jinglin.

“There has been a direct instruction to all Chinese lawyers that they are forbidden from offering legal assistance to families of children who have drunk contaminated milk,” a lawyer who declined to be named said.  “The orders came from the legal affairs bureau in our district. Executive forces are putting pressure on them from all directions. Really, their hands are tied,” he said.

For more information, please see
:

AP – Chinese lawyers face pressure to drop milk cases – 07 October 2008

AP – Second lawsuit filed in tainted milk scandal – 10 October 2008

Radio Free Asia – Lawyers’ Outrage at Milk Case Ban – 07 October 2008

Reuters – China milk victim lawyers say pressed to quit – 29 September 2008

Human Rights Group Discovers Bones in Philippines

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MANILA, Philippines – On behalf of the Senate Committee on Justice and Human Rights, human rights groups Karpatan and the Commission on Human rights discovered human bones in Bataan.  The excavation was conducted in order to search for evidence of victims of extra-judicial killings and the disappearance of activists, verifying the allegations of Raymond and Reynaldo Manalo.

On February 14, 2006, the Manalo brothers were suspected of aiding a local insurgency and were forcibly taken from their homes and placed in military detention camps where they were tortured over a period of 18 months.  On August 13, 2007, they escaped.  Their families filed writs of habeas corpus and they sought protection from the Court.

The Supreme Court granted the Manalo brothers’ writ of amparo and ordered the excavation to corroborate their testimony and search for other extra-judicial killings.

The anthropology team found human bones at the former camp in Bataan, which was the same site where Raymond Manalo testified he saw victim Manual Merino burned by soldiers in 2007.  The bones are currently awaiting identification.

The case of the extra-judicial killings and disappearance of activists were added to the last Monday’s impeachment complaint against President Gloria Macapagal-Arroyo.  This was the fourth impeachment complaint against Arroyo.  The complaint stated that Arroyo “committed culpable violations of the Constitution, betrayal of public trust and other high crimes.”

In addition, she was accused of “explicitly and implicitly conspiring, directing, abetting and tolerating with impunity as a state policy extrajudicial executions, involuntary disappearances, torture, massacre, illegal arrest and arbitrary detention, forced dislocation of communities and other gross and systematic violations of civil and political rights and engaging in a systematic campaign to cover up or whitewash these crime by suppressing and obliterating the evidence, blaming the victims, terrorizing, intimidating and physically attacking witnesses, their relatives, lawyers and supporters and human rights workers.”

For more information, please see:

Amnesty International – Philippines:  Investigate Claims and Protect Manalo Brothers – 7 November 2007

The Daily Tribune – House Locks Out New Impeach Bid – 10 October 2008

GMANews.TV – Rights Group Finds Burnt Human Bones in Bataan – 14 October 2008