Fourth Journalist Gunned Down in Thailand

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – On October 5th, another regional journalist was gunned down in Thailand. Wallop Bounsampop was the editor of Den Siam, a local newspaper in Chonburi province in the south of Bangkok. Wallop is the fourth journalist to be murdered this year.

Wallop was murdered in a motorcyle drive-by shooting when he was helping his wife at a local restruant. Two men on a motorcyle dorve by and shot at Wallop five times hitting him twice and killing him instantly.

Wallop was an active member of the district council, and he was reporting on corruption of local politicians. Some allege his murder was linked to the controversial articles written about his opponents who are scheduled to run against him in elections next month.

Only a month earlier, Jaruek Rangcharoen, a regional correspondent for the Bangkok-based Matichon Daily, was gunned down in the central province of Suphanburi. Like Wallop, Rangcharoen was reporting on local politicians. Rangcharoen’s case is still unresolved. However, police said they have a few witnesses that could lead to descriptions to key suspects.

The string on voilence against journalist in Thailand has led to a public outcry. Reporters without Borders said, “We call on the police and judicial authorities to give themselves the means to deal with it,” and “If no real progress is made in solving these four cases, more journalists are likely to be killed at a time when Thailand is still embroiled in a political crisis.”

For more information, please see:

Guardian – Fourth Thai Journalist Murdered – 8 October 2008

Interesting Times – Murder of Journalist Raise Death Toll to 4 in 2008 in Thailand – 8 October 2008

Reporters without Borders – Local Newspaper Editor Gunned Down, Fourth Journalist Murdered This Year – 7 October 2008

Fiji’s 2006 Coup Declared Legal: Ousted Prime Minister Speaks Out

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s ousted prime minister is speaking out against the judicial decision made yesterday legitimizing the 2006 military coup of Fiji’s Federal Government.

Yesterday, a three judge court dismissed former prime minister, Laisenia Qarase’s request to have the 2006 military coup declared illegal. Mr. Qarase is now calling that decision a “miscarriage of justice.”

“It will encourage future coups. I think the impartiality of our judiciary is completely gone,” Mr. Qarase said. He added, “The judgement indicates that they (the judges) were selective in the evidence they used. . . Our case was about the legality of what happened. There was no mention of that at all.”

Meanwhile, Fiji’s interim attorney-general, Aiyaz Sayed-Khaiyum, is looking ahead, calling now for support to aid Fiji’s plans for new elections. Mr. Sayed-Khaiyum has also encouraged Fijians to unite under the common goal of restoring democracy to Fiji.

“I think the message to everybody … is that we need to move ahead with the government that is in place,” Mr. Sayed-Khaiyum said.

Professor Bill Hodge, a constitutional law expert from Auckland University, says that now that Fiji has declared the legitimacy of the 2006 coup, countries in opposition to that coup must now be prepared to recognize Fiji’s interim administration.

“I would think New Zealand, the United States, UK, will all come around and must come around to recognize a regime in Fiji,” Mr. Hodge said.

Mr. Qarase, on the other hand, says he will consult his lawyers and decide whether further action needs to be taken.

For more information, please see:
The Age, Australia – Ex-PM hits Fiji court ruling – 10 October 2008

Radio New Zealand International – Fiji interim regime urges cooperation now that coup has been declared legal – 09 October 2008

Radio Netherlands –  Fiji’s 2006 coup declared legal – 09 October 2008

ABC News – Bainimarama blocking Fiji elections, says Smith – 09 October 2008

TVNZ – Fijian court dismisses coup case – 09 October 2008

Israeli Police on Heightened Alert Following Jewish-Arab Clashes

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

Wwwreuterscom
(Reuters)

ACRE, Israel – In the evening of October 8, clashes between Jewish Israelis and Israeli Arabs broke out in the port city of Acre (Akko) in northern Israel.  The riots began when a group of Jewish youths attacked an Israeli Arab for driving his car on Yom Kippur.  According to police, there was provocation as the motorist, Taufik Jamal, intentionally drove his car through a Jewish neighborhood on Yom Kippur and had the radio turned up.  Yom Kippur is the most holy day of the Jewish calendar, during which it is considered offensive to drive in much of Israel.

However, according to Jamal he was picking his daughter up from a relative’s house.  Even though it was Yom Kippur and driving is generally banned, he drove to get his daughter since it was late.  According to Jamal he drove slowly and had the radio off.  When he arrived at the his relative’s house, a group of Jewish youths began throwing stones at his 18 year old son and his son’s friend; hitting them in the face and chest.

Jamal states that he called the police, who attempted to sneak the three men out of the neighborhood.  When they were spotted by the youths, Jamal, his son, his son’s friend, and the police officers were forced to flee.  Jamal told Yedioth News, “Only now do I understand that they wanted to lynch us like the terrorists lynched the Jewish soldiers in Ramallah.”

“Rumors then spread out, namely from mosques, claiming that the motorist had been killed, prompting several hundred Arabs to take to the streets,” Mickey Rosenfeld, a police spokesman, said.  Violence escalated as Jewish Israelis and Israeli Arabs clashed in the streets, throwing rocks and chanting slogans at each other.  Witnesses and police report that several hundred people were involved in the riots and that nearly 100 cars have been damaged and 30 stores vandalized.

Violence and high tensions in Acre continued into October 9 and October 10.  500 extra police officers were deployed to assist the 200-strong local force, and maintain peace in the city.  Police set up road blocks to separate the two groups.  The police have also used tear gas, stun grenades, and water cannons to disperse crowds.  Rosenfeld reports that 12 people have been detained and two protesters and one police officer were lightly injured.

Police are not only on high alert in Acre but also in other mixed areas where Jewish Israelis and Israeli Arabs live together, especially in the Old City in Jerusalem.  Acre has a high population of Israeli Arabs with one third of its 50,000 residents being Israeli Arabs.  Around 20 percent of Israel’s population are Arabs, most are descendants of Arabs who stayed in Israel after the creation of the Jewish state in 1948.  While they have full rights as citizens, Israeli Arabs (who also call themselves Israeli Palestinians) often complain of discrimination.

Avi Dichter, the Public Security Minister, said that he would ensure the instigators of the riots were arrested and blamed MPs on both sides for making inflammatory comments, with leaders from both communities accusing the other of carrying out a pogrom.  In addition, Israel  Police Commissioner Dudi Cohen called on public figures and local leaders not to fan the flames of violence.

For more information, please see:

AFP – Israeli Town Hit by Third Day of Jewish-Arab Clashes – 10 October 2008

Al Jazeera – Israeli on Alert After Acre Clashes – 10 October 2008

BBC – Israeli City ‘Calm’ After Riots – 10 October 2008

Jerusalem Post – Acre Clashes Briefly Renewed as Jews Enter Eastern Quarter – 10 October 2008

Times – Yom Kippur Riots Erupt in Acre After Arab Drives Car Through Jewish Area – 10 October 2008

Yedioth News – Akko Riots: Police Ordered on Heightened Alert – 10 October 2008

Associated Press – Clashes Erupt in Mixed Arab-Jewish City in Israel – 9 October 2008

Reuters – Jews and Arabs Clash in Northern Israeli City – 9 October 2008

Yedioth News – Arab Motorist: I Narrowly Escaped Lynch in Akko – 9 October 2008

Dutch Authorities Fail to Arrest Minister Ami Ayalon

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands – Authorities in the Netherlands failed to arrest the Minister-without-Portfolio, Ami Ayalon, while he was visiting the Netherlands in May. Khalid al-Shami, a Palestinian man, submitted an application to the Dutch authorities for his arrest. Khalid al-Shami alleges he was tortured from 1999 to 2000 while he was held for 50 days in an Israeli jail. During the alleged torture, Ami Ayalon was the director of the Shin Bet (the Israeli General Security Services – GSS), which investigates individuals suspected of committing crimes against Israel’s security.

Al-Shami was arrested by Israeli soldiers and taken to Ashkelon prison on December 31, 1999. He was interrogated for 20 days, in time blocks between 20 to 40 hours. Al-Shami was alone in a two by two meter cell for two to three hours between each interrogation session. He further alleges being subjected to low temperatures and tied to a small chair by his hands and feet for lengthy periods of time.

After 20 days, Al-Shami appeared before a military court without any legal representation. The court extended his arrest by 30 days. During this additional confinement, Al-Shami claims he was forced to make a written confession. Al-Shami has incurred serious life-long injuries from the torture.

Al-Shami is seeking justice abroad since the Israeli authorities have failed to act on his allegations, even though torture is routinely sanctioned in Israel. For years the Israeli judicial system has failed to pursue Ayalon. The Palestinian Centre for Human Rights (PCHR) with London-based Hickman and Rose Solicitors has collected files of evidence for victims like Al-Shami. PCHR has provided Al-Shami’s lawyers with his evidence file.

Under Article 6 and Article 7 of the United Nations Convention Against Torture any State Party whom a person alleges to have committed torture should be arrested and prosecuted (or extradited for trial elsewhere). In May the BFKW law firm filed a torture complaint with the Dutch prosecution authorities on behalf of Al-Shami.

Dutch authorities had a duty and ample opportunity to arrest Ayalon and establish jurisdiction. Dutch authorities failed to arrest Ayalon even though they established a prima facie case against him and discovered he was not immune from prosecution. Furthermore, the initial torture complaint was marked as urgent. The College of Procurators-General did not decide Ayalon lacked immunity until May 21. Ayalon left the Netherlands on May 20 and as a result, it was too late to arrest him.

The failure to arrest Ayalon will be the subject of a legal challenge in the Court of Appeal. On October 6, Al-Shami applied to the Court of Appeal in The Hague. Through an extradition request or an international arrest warrant, the order requires the Prosecutor to start a criminal investigation into Ayalon.

For more information, please see:

Adnkronos International – Netherlands: Rights Group Demands Arrest of Israeli on Torture Claims – 7 October 2008

Electronic Intifada – Palestinian Torture Victim Seeks Justice in the Netherlands– 7 October 2008

Jerusalem Post – Dutch Lawyers Seek Arrest of Minister Ami Ayalon – 7 October 2008

Ma’an News Agency – Holland Says Israeli Minister Ami Ayalon Persona Non Grata – 7 October 2008

Sumound – Dutch Lawyers Seek Ex-Israeli Spy Chief’s Arrest for Torture – 7 October 2008

Malaysian Blogger Goes on Trial

By Pei Hu
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – On October 6th, Raja Petra Raja Kamarudin went on trial for “sedition.” Petra is a well known journalist and blogger for Malaysia Today. His article, Let’s Send the Altantuya Murderers to Hell, published earlier this year, accused the Prime Minister Najib Razak and his wife, Rosmah Mansor, of murdering a young Mongolian woman, Altantuya Shaariibuu.

Petra’s article claims Razak and his wife plotted Altantuya’s murder after she demanded money from Razak to end their extramarital affair. Currently, two police officers, a think-tank director, and close friend of Razak are on trial for collaborating the murder of Altantuya.

Petra has been in jail since September 12th under the Internal Security Act (ISA).  Under the ISA, Petra has to serve a two year sentence for “insulting a political leader” and “insulting Islam.”

If Petra is found guilty of sedition, he can be incarcerated for another three years. “They are penalizing him twice… It’s double jeopardy,” Marina, Petra’s wife, told reporters of the Associated Press.

Many supporters showed up outside the district court, wearing T-shirts that bore the slogan “Free RPK.” The Worldwide Press Freedom Organization said the Malaysian government is using the judiciary for their own means, “The government is abusing the law in order to silence critical voices and to gag free expression.”

For more information, please see:

BBC – Malaysia Writer in Sedition Trial – 6 October 2008

Malaysia Today – Suffering the ISA – 8 October 2008

Reporters without Borders – Blogger Raja Petra Kamarudin Goes on Trial for “Sedition” – 6 October 2008