A Voice for the Voiceless

Kazakhstan Makes Little Progress in Improving Democracy and Press Freedom

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

ALMATY, Kazakhstan – In a recently released report by Freedom House, the organization condemns Kazakhstan for not making significant progress in meeting international standards for democracy and law.  Freedom House is a nonprofit and nonpartisan organization dedicated to democracy and freedom around the world.

Freedom House also stresses that the lack of progress by Kazakhstan undermines the European Human Right Watchdog, the Organization for Security and Cooperation in Europe (OSCE).  Kazakhstan is scheduled to take over the chairmanship of OSCE in 2010.

President Nursultan Nazarbayev has been widely criticized for tolerating no political dissent.  In June, he promised to create a more democratic parliament, relax electoral laws, and make it easier for political parties to register.  President Nursultan Nazarbayev also pledged to amend laws that severely restrict press freedom.  However, few of these reforms will be completed by their promised end of 2008 deadline.

“Freedom House urges U.S. officials to stress that Kazakhstan must take its OSCE commitments seriously if it wants to maintain its current relationship with Washington,” said Jeffrey Goldstein, Freedom House’s senior program manager for Central Asia.  He continued, “Kazakhstani citizens deserve to be accorded the democratic freedoms their leaders have promised to provide, yet their government continues to impede basic rights, from freedom of speech to freedom of religion.”

For more information, please see:

Daily Telegram – Rights Group Slams Kazakhstan ‘Democracy’ – 1 October 2008

Freedom House – News Report: Kazakhstan Falls Short of OSCE Commitments – 30 September 2008

News Blaze – Kazakhstan Falls Short of OSCE – 30 September 2008

SDL Party of Fiji to Appeal High Court’s Verdict Validating 2006 Coup

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji – SDL Party National Director, Peceli Kinivuwai, confirmed today that SDL will discuss options for appealing Fiji’s High Court decision validating the 2006 coup of the federal government.  Mr. Kinivuwai said the party has lost this battle but not the war, “I think it is more to do with our solicitors view of the ruling and what we as party executives view, our opinions towards the ruling, because we feel that there’s a lot of grey areas, as far as the ruling’s concerned, and we are going to straighten that up and see what’s our next course of action as far as the lawyer’s advice is concerned.”

SDL lawyer, Tevita Fa, is currently preparing papers to file the appeal and has advised the party not to disclose the amount of money it has spent to prepare for the case.  It was confirmed that the party will do everything it can to appeal against the ruling which may include going as far as appealing to the international court.

He adds that at this point the SDL party will not be engaging with the interim regime, and will not be working with the National Council for Building a Better Fiji.  The interim regime is led by interim prime minister and head of the military, Commodore Frank Bainimarama.

The High Court has given the party 45 days to appeal, a deadline Mr. Kinivuwai has said they will definitely abide by.

For more information, please see:

Radio New Zealand International – Fiji’s SDL to meet lawyer over last week’s coup approval verdict – 13 October 2008

Radio Australia – SDL Party to challenge Fiji High Court coup ruling – 13 October 2008

Fijilive – SDL set to appeal against ruling – 13 October 2008

Radio Fiji Two – SDL to discuss case appeal today – 13 October 2008

Democracy Activists Arrested in Syria

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

DAMASCUS, Syria – Twelve Syrian pro-democracy activists are currently on trial in Syria for demanding democratic reform and respect for human rights. The activists face up to 15 years in prison.

The activists were arrested between December 2007 and January 2008. The arrests occurred after the activists organized and attended a meeting of the opposition coalition, the Damascus Declaration for Democratic National Change (DDDNC). Formed in October 2005, the DDDNC is an unauthorized coalition of political parties, human rights organizations and pro-democracy activists. The DDDNC joins Arab nationalists, Islamics, Kurds, leftists and liberals.

The activists are charged with “weakening national sentiment”, “broadcasting false or exaggerated news which could affect the morale of the country”, joining “an organization formed with the purpose of changing the financial or social status of the state” and “inciting sectarian strife.” The trial is currently taking place before the Damascus Criminal Court. The verdict is expected on October 29.

Initially, the State Security Branch held the activists incommunicado in Damascus for up to several weeks. According to the activists, they were beaten and coerced into signing false confessions during the confinement. The activists have restricted access to attorneys. Furthermore, attorneys are being denied access to activists’ case files.

To date, the trial proceedings have been marked by serious irregularities. Syrian authorities have failed to conduct an official investigation even though Amnesty International and several other organizations have raised concern over the allegations of ill-treatment.

Amnesty International considers the activists prisoners of conscience confined solely for exercising their rights to freedom of expression and to freedom of assembly and association. Amnesty requests that the prisoners be released immediately and for all charges against them to be dropped.

The DDDNC has called on the Syrian government to suspend the state of emergency in force since 1963. The coalition has also urged the authorities to release all political prisoners; to allow the safe return of Syrian exiles; to abolish Law 49, which makes membership of the Muslim Brotherhood punishable by death; and to uphold the Universal Declaration of Human Rights.

For more information, please see:

Democracy Digest – Syrian Democracy Activists Face 15 Years in Prison – 9 October 2008

Amnesty International – Pro-Democracy Activists in Syria Face 15 Years in Prison– 8 October 2008

Human Rights Watch – Unfair Trial of 12 Members of the National Council of the Damascus Declaration for Democratic National Change (NCDD) – 17 September 2008

Human Rights Watch – Syria: Repression of Activists Continues Unabated – 12 June 2008

IFEX – Another Detained in Crackdown on Democracy Advocates; At Least Eight Allegedly Beaten, Forced to Confess – 5 February 2008

UPDATE: Fiji Human Rights Group Questions Courts Independence After Coup Declared Legal

By Hayley J. Campbell
Impunity Watch reporter, Oceania

SUVA, Fiji – A human rights group in Fiji is evaluating last week’s judicial ruling which validated the 2006 coup of Fiji’s Federal Government.

The ruling came after Fiji’s ousted prime minister, Laisenia Qarase, challenged the legality of the military takeover. A Fiji court, comprised of three judges, dismissed Mr. Qarase’s challenge and granted immunity to military leaders.

Fiji human rights commissioner, Shamima Ali, is now questioning the court’s independence. While Fiji’s interim government claims to be committed to reestablishing democracy, Ms. Ali is concerned that last week’s decision was anything but democratic.

“A lot of people expected this kind of result, because the people who sat on the bench have been appointed after December 2006, its independence can therefore be questioned. The political comments that have been made in the judgment are uncalled for and not the place of the presiding judge to make, particularly about immunity, because that’s going to perpetuate the coup cycle,” Ms. Ali said.

Ms. Ali believes that Fiji’s future rests in the balance if an appeal to the court’s decision is not made.

For more information, please see:
Radio New Zealand International – Fiji human rights commissioner questions court’s independence after coup verdict – 10 October 2008

The Age, Australia – Fiji High Court upholds 2006 coup – 09 October 2008

Tamil Tiger Leader Sworn into Sri Lankan Parliament

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Former Tamil Tiger leader, Vinayagamoorthy Muralitharan, more widely known as Colonel Karuna, was appointed as Member of Parliament by President Mahinda Rajapaksa on Tuesday.  President Rajapaksa made the appointment with the advice of Karuna’s brother and Sri Lankan Secretary of Defense, Gotabhaya Rajapaksa.

Karuna stated, “Tamil people can now have the faith of solving their own problems through parliamentary democracy. We should forget the bitter past experiences and work to win the trust of the Tamils.”

Karuna faces opposition from the Janatha Vimukthi Peramuna (JVP).  The JVP has filed a Fundamental Rights petition against the appointment calling it “immoral” and suing him in the Supreme Court to have him removed.  The JVP alleges that the vacancy Karuna took belongs to them because it opened up when one of their politicians won a powerful provincial post in August.

Karuna’s new appointment also meets serious protests from human rights activists.  After recently having been arrested in the United Kingdom for carrying a false passport and serving jail time, human rights groups such as Amnesty International, Human Rights Watch and the Coalition to Stop Child Soldiers have called for authorities there to investigate and prosecute Karuna for his past international war crimes.  Authorities in the UK replied stating that there was insufficient evidence to prosecute.

Karuna served as the eastern commander for the Liberation Tigers of Tamil Eelam (LTTE), which fought against the government and killed hundreds of police officers.  The Tamileela Makkal Viduthalai Pulikal (TMVP),the paramilitary group of which Karuna led after his leadership of the Tamil Tigers, has been accused of abducting children to serve as soldiers, torture and extortion. The TVMP was a group that split from the LTTE and was loyal to Karuna.

For more information, please see:

BBCSinhala – MP Karuna:  “Travesty of Justice” – 7 October 2008

Reuters – Breakaway Tiger Leader Sworn into Sri Lanka Parliament – 7 October 2008

Tamil Sydney – Sri Lanka Bestow Democratic Decoration to a War Lord – War Criminal Karuna Becomes Nationalist MP – 8 October 2008