Visitation Rights Important to Improve Jail Facilities in the Philippines

By Shayne R. Burnham
Impunity Watch Reporter, Asia

MANILA, Philippines – The Commission on Human Rights (CHR) was reportedly denied agency visitation rights at Fort Bonifacio by the Armed Forces of the Philippines (AFP) last week.  Their visitation, including lawmakers from the House of Representatives, was spawned by complaints by detained soldiers of their cell conditions.

CHR Chairperson Leila De Lima said Lieutenant Colonel Iluminado Lumakad, commanding officer of the Philippine Marine Corps Headquarters Battalion, refused to allow the CHR team to visit detained marine officers who plotted against the government in 2006.  Lima asserted that the CHR has a constitutional mandate that grants them visitation rights.

“The AFP has a lot of explaining to do. They do not have any authority in any capacity to prevent the CHR from conducting jail visitations. We need not have clearance from the higher ups just so we could visit detention cells throughout the country. Our constitutional mandate is clearly stated and that is what matters most,” De Lima said in her letter to Chief Alexander Yano of the AFP last week.

Lima and the CHR believes that it is important to allow for unannounced visits to detention centers in order to ensure conditions are humane and most importantly, to curb torture.  Lima told a news conference in Manila on Tuesday that CHR has documented more than 300 cases of torture since 2005.  Moreover, she stated that torture is prevalent in ordinary precincts and police stations, and even ordinary civilians who were arrested or detained arbitrarily by army or police forces were beaten, electrically shocked, burned with cigarettes, or suffocated with plastic bags.

Although the Philippines has signed on to the Optional Protocol to the Convention Against Torture (OPCAT) in April, the protocol has yet to be ratified in the Republic’s Senate.  In the mean time, the government seeks a three to five year deferment on its implementation.  Executive Secretary Eduardo Ermita states that the government wishes to conform to United Nations standards by improving jail facilities and prison conditions.  Ermita said that regardless of whether the OPCAT was ratified, the government “wholeheartedly join[s] [their] colleagues in the community of nations in denouncing torture and other cruel, inhuman and degrading treatment or punishment.”

Philippine jails are overcrowded, face regular outbreaks of diseases and needs to focus on the rehabilitation and reintegration of an inmate.  Waiting to enforce the OPCAT would allow enough time to address these issues.

For more information, please see:

GMANews.TV – RP Seeks 5 Year Exemption From Anti-Torture Protocol – 23 September 2008

INQUIRER.net – CHR Accuses Military of Denying Right to Visit Jailed Troops – 23 September 2008

Reuters – Torture Prevalent in Philippines – Rights Body – 23 September 2008

Amnesty International Calls for Investigation of Ill-Treated Indonesian Prisoner

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

PAPUA, Indonesia – Amnesty International is calling on the Indonesian government to investigate the mistreatment of Ferdinand Pakage, a prisoner in Abepura Prison, after he was beaten by prison officers.

Pakage, who is currently serving a 15 year sentence after a dubious 2006 trial, was beaten by prison officers on 22 September.  The beating was witnessed by other prisoners and resulted in serious injury to Pakage’s hands, legs and left eye.  As of this writing there are no reports of Pakage’s current medical condition.  Prison officials began to beat Pakage after he was removed from solitary confinement.

In their report calling for the investigation, Amnesty International has reminded the Indonesia government that they are signatories to the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment and that they are required to take effective measures to prevent torture and perform impartial investigations after torture is committed.

Amnesty International has also said that this beating, and others like it, have been allowed to continue because the Criminal Code has not been reformed.  They have said that the code must be reformed to provide a legal deterrent against beating and torturing prisoners during their detention.

For more information, please see:
Amnesty International – Ill-treatment of Papua prisoner must be investigated – 26 September 2008

Radio New Zealand International – Amnesty International calls on Indonesia authorities to act over detained Papuan – 26 September 2008

Concerns About Lebanon After the Lebanese Transparency Association Releases Results from its Corruption Preceptions Index

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

BEIRUT, Lebanon – In a news conference on September 23, the Lebanese Transparency Association (LTA) release the official results of the Corruption Perceptions Index (CPI) for 2008. The conference was held at the Press Federation in Beirut.

The LTA has announced the results of the Corruption Perceptions Index for Lebanon since 2003. Each year their report includes results from other national chapters of Transparency International around the world. This year the LTA reported on 180 states, 20 of which are Arab countries.

The CPI does not measure corruption in and of itself. It records the perception of corruption estimated by public officials and politicians for each country. Transparency International defines corruption as “the abuse of entrusted power for private gain.” As a result, the index is an indication of what how respondents feel about political and administrative corruption in their countries.

The index primarily focuses on corruption in the public sector, such as an abuse of official power for private interests. The CPI is a culmination of 14 different polls and surveys from 14 independent institutions. The data is handled by businesspeople, academics, analysts, and experts. Each country is assigned a score between 1-10, 1 being most corrupt and 10 being least corrupt. Using their score, the index ranks the countries.

Fadi Saab, the LTA board secretary, has emphasized that looking at the ranks of states each year does not accurately portray corruption. Instead, Saab suggests looking at the scores assigned to a country over the last several years and taking note of the country’s regional and international standing.

Of the 180 states included in the 2008 CPI, Denmark is as the least corrupt. Somalia is ranked the most corrupt. Of the Middle East, Qatar is ranked the least corrupt.

The CPI has reported on Lebanon for six years. This year, Lebanon received the same score it did in 2003 and 2007 at 3.0/10. The 2008 score as an improvement from Lebanon’s score of 2.7/10 in 2004. However, Lebanon scored slightly better in 2005 and 2006 at 3.1/10 and 3.6/10, respectively.

According to Saab, it is most concerning that Lebanon scored lower than the international average (4.0), as well as lower than the Arab Region average (3.49).

Lebanon’s score is a result of the country’s continuing political crisis over the past two years. It is also believed that the absence of legal mechanisms in Lebanon has affected its score. 

According to Saab, the CPI results indicate the necessity of serious efforts and urgent actions to help promote political stability in Lebanon. Saab believes a permanent solution needs to take place to re-shape the relationship between citizens and the state. Saab emphasized that cooperation among the different parties will strengthen good government, maintain the well-being of society, and promote the right of access to information.

For more information, please see:

The Daily Star – Lebanese Transparency Association Relays Parts of Corruption Study by Parent Organization – 25 September 2008

TerraNet – Lebanon Ranked 102nd Out of 180 Countries on Annual Corruption Scale – 24 September 2008 

Zawya – Lebanon Ranks 102nd Out of 180 Countries on Annual Corruption Scale – 24 September 2008 

Lebanon Support – LTA: Press Conference to Release the 2008 Corruption Perceptions Index (CPI) – 22 September 2008

Vietnam Police Threaten Protesters in Land Dispute

HANOI, Vietnam – Protests and violence broke out between the Vietnamese government and the Catholic Church in Vietnam regarding religious land disputes in central Hanoi. As many as 3,000 Catholics have gathered from all around Vietnam to hold vigils and protests in Hanoi. Tensions rose last Friday when the Vietnamese government started bulldozing the disputed area. Protesters said they were beaten by batons, and the police shot tear gas canisters into the crowds. The Hanoi Police denied the incident and said it was merely an “unintentional scuffle” that happened between the protesters and the police.

Since last December, protesters have been holding protests to what they believed to be an unjustified taking of lands, which was formerly a Vatican embassy and residence. However, the Vietnamese government claimed that under Vietnam law, land under management and socialist reform policies enacted in 1991 cannot be claimed. This law has generated more than 200 land disputes in Vietnam. The recent protests have been the most publicized.

The Vietnamese government criticized the area’s Thai Ha parishioners for instigating “public dissidence” in Hanoi.  In order to avoid more public outcry, Vietnamese authorities attempted to appease protesters by converting the land into a National Park and a public library for the “interest of the people.” However, many Catholics still view the disputed land as sacred and the protests continue.

For more information, please see:

AP – Vietnam Denies Use of Stun Gun to Break Protests – 29 August 2008

BBC – Vietnam Warns Priests Over Land – 23 September 2008

BBC – Prayers and Protest in Vietnam – 2 September 2008

HRW Calls for Saudi Arabia to End Religious Discrimination

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – Human Rights Watch released a report on Monday, September 22, calling for Saudi Arabia to end discrimination against Ismailis, a religious minority.  The report, “The Ismailis of Najran: Second-Class Saudi Citizens,” describes the systematic discrimination that has been implemented by the Saudi government.  It also details discriminatory policies and recommends changes to increase equality. 

The Ismailis are a sub-group within Shia Islam who live primarily in the southwestern region of Saudi Arabia.  The majority of the population follows Wahhabism, a sub-group within Sunni Islam.  Several Sunni religious officials have made statements against the Ismaili faith which HRW has classified as equivalent to hate-speech.

According to the report, the Saudi government has increased policies that treat Ismaili followers as second-class citizens, especially with regard to employment, education and the justice system. It outlines instances where Ismailis have been dismissed from employment positions, have been arrested, and some tortured due to their religious practices. For instance, a man’s marriage was annulled by the government in 2006 because he was Ismaili and his wife was Sunni.  The court reasoned that the marriage was invalid because the man did not have sufficient religious qualifications.

Although there were complaints of religious discrimination before, following Prince Mish’al bin Sa’ud becoming governor of Najran in 1996 there were reports of increased tensions between religious groups in the region.  Specifically, the report details an incident in 2000 when Saudi officials refused to allow entrance into Ismaili mosques on Eid Al-Fitr, an important religious holiday.  The Minister of Interior required guards be placed outside Ismaili mosques and that anyone trying to enter be arrested.

The report also narrates the incidents known as the Holiday Inn Events.  In 2000, an Ismaili sheikh was arrested and accused of ‘sorcery.’  At a student protest responding to the arrest, gunfire and fighting broke out.  There were varying accounts of injuries but no fatalities.  When Ismaili leaders went to the Holiday Inn and requested to meet with the governor, who was staying there, a unit of armed personnel arrived at the scene and fired into the crowd.

The report makes recommendations for the Saudi government to change their policies.  These include an investigation, to be made public, regarding the Holiday Inn Events.  HRW also asks that Saudi Arabia take affirmative steps to ensure that Ismaili citizens are not discriminated against.  These steps include rebutting negative statements against Ismailis and passing legislation that protects Ismaili interests in constructing religious buildings.   

HRW released the report only two months after King Abdullah of Saudi Arabia hosted an interfaith conference with leaders in Islam, Christianity, Judaism, Hinduism and Buddhism.  HRW Middle East Director, Joe Stork commented that this report shows Saudi Arabia needs to practice what it preaches within its own borders.

For more information, please see:

Financial Times – Saudi Arabia Urged to End Discrimination – 23 September 2008

The Guardian – Discrimination Against Muslims in Saudi Arabia – 22 September 2008

Human Rights Watch –  The Ismailis of Najran: Second-Class Saudi Citizens – 22 September 2008

Human Rights Watch – Saudi Arabia: Shia Minority Treated as Second-Class Citizens – 22 September 2008

Khaleej Times – Human Rights Group Reports on Saudi Discrimination – 22 September 2008