Concerns Raised Over Tongan Expansion of Emergency Police Powers

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Tonga’s announcement to reassert and expand its emergency police powers has drawn criticism and concern from Parliament members.

Nearly two years ago, the pro-democracy movement in Tonga turned violent, causing the death of eight and destroying Tonga’s capital city, Nuku’alofa. The riots erupted after the Legislative Assembly of Tonga adjourned for the year without employing promised reforms.

Following the 2006 violence, the government issued a 30 day state of emergency, and has since renewed those regulations on a monthly basis. The last state of emergency declaration was allowed to expire last month without renewal.

The new regulations grant significantly greater power to the Tongan government under the guise of emergency police powers. For example, Tongan police are now allowed to stop individuals, search them without a warrant, and even enter into and seize evidence from any vehicle, ship, or aircraft.

Prime Minister Feleti Sevele has justified these measures as necessary to combating the state of danger still existing in Nuku’alofa.

But pro-democracy MP, Clive Edwards, believes the new regulations constitute an abuse of the political process:

“It’s a selfish stupid motive that is behind it. And they are not to be questioned, not to be disputed in what they are doing and not to revert back to civil law and constitutional rule. We are being denied that because they want absolute power and we don’t have access to the TV and radio and things like that,” Edwards said.

The Tongan government, meanwhile, has issued a statement defending the new police powers as necessary “to preserve public order and secure the public’s safety for another month.”

For more information, please see:
ABC Radio New Zealand – Tonga reimposes emergency regulations – 10 September 2008

Radio New Zealand International –  Anger in Tonga after emergency police powers put back in place – 10 September 2008

AFP News Service – Tonga extends area under emergency powers – 10 September 2008

Fiji’s Ousted Prime Minister Files Treason Complaint Against Interim Government

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji — Police Commissioner Esala Teleni has said police would not investigate the treason complaint filed against interim Prime Minister Commodore Voreqe Bainimarama and his government by the ousted prime minister, Laisenia Qarase and his Soqosoqo Duavata ni Lewenivanua (SDL) party.  Mr. Qarase claims “the regime took an unlawful oath, aided and abetted and became benefactors of treason.”

Mr. Teleni made his decision not to investigate despite the police force’s no-drop policy on complaints.  Police Spokeswoman Ema Mua has said, “In this case, the no-drop policy is subjected to elements that are before the court and police will respect the judicial process.”

Two political parties have called on Mr. Teleni to step down from his post in order to allow investigations to proceed.  Peceli Kinivuwai, national director of the SDL party and opposition leader Mick Beddoes claims stepping down would be the honourable thing to do in the interest of police credibility, transparency and good governance.

Fiji’s Interim Attorney General, Aiyaz Sayed-Khaiyum, says the move is a stunt.  Mr. Sayed-Khaiyum believes, “The complaint is a gimmick, it’s a stunt because Qarase and his lawyers are fully aware that the matters are before the courts; the matters before the courts involve the legality or otherwise of the interim government, which also involves the promulgations made by his excellency our President and go directly to the events prior to, on and after 5 December [2006].”

SDL laywer Niko Nawaikula reports that the police were being very cooperative and took down his clients’ complaint in great detail when it was filed with them.

The Fiji police is run by Fiji’s interim government and the police itself has come under scrutiny since the December 2006 coup.  Specifically, many international observers suspect that the police force is being used to seek the political ends of the interim government.

For more information, please see:

Fiji Times Online — Rejected — 09 September 2008

Fiji Times Online — Police hold back on treason claim probe — 08 September 2008

Radio New Zealand International — Fiji interim regime says a complaint of treason from the country’s ousted leader is a stunt — 08 September 2008

Violence Erupts in Kashmir

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

SRINAGAR, India – Indian authorities opened fire on a crowd during a one-day strike held in protest against New Delhi controlled elections. At least 55 persons were wounded.

On Monday, the Indian Election Commission held a meeting with political parties to coordinate poll dates for Kashmir. Separatists in Kashmir have long fought for the Himalayan region’s succession, and traditionally have boycotted the polls. The shutdown was to protest the upcoming elections.

In protest over the planned elections, separatists organized a general shutdown. Shops and businesses across the region were closed. However, soon violence broke out. According to witnesses, police fired bullets and teargas shells at the crowd, who were throwing stones. Protesters also were chanting, “No election, no selection, we want freedom.”

Mirwaiz Umar Farooq, chairman of the main separatist alliance All Parties Hurriyat (Freedom) Conference, commented, “New Delhi is pushing Kashmiris to the wall and wants to convert the ongoing peaceful agitation into a violent resistance movement so as to dub it as a terrorist movement.”

Farooq also warned that the heavy-handed response by the Indian government could incite even more violence. He said, “If India pushes us too hard to the wall, tomorrow you can’t really ignore the fact the youth might be angered and forced to resort again to arms.”

New Delhi has directly ruled the Kashmir region since early July when the local government collapsed over a Hindu land dispute, which triggered large pro-independence demonstrations.

For more information, please see:

AFP – Election Strike Cripples Indian Kashmir – 8 September 2008

Daily Times – Mirwaiz Warns India Crackdown Could Fuel Revolt – 10 September 2008

Reuters – Fifty-five Wounded in Indian Kashmir Violence – 8 September 2008

Egyptian Prisoners Riot Following Inmate’s Death

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

ASSIUT, Egypt – On September 8, prisoners in prison in the city of Assiut rioted following reports about an inmate’s death.  Egyptian officials released a statement reporting that prisoners rioted, holding some guards hostage, and seized guns.  The statement reported that the guards used tear gas and rubber-coated bullets to regain control of two wings of the prison.

The Interior Ministry said in a statement the incident began with a brawl between four prisoners armed with table cutlery. Police intervened to separate them and decided to punish them with 48 hours in solitary confinement.

“The first prisoner (Abdel Salam) died while undergoing this punishment. A rumor then spread among the prisoners that he died because an officer assaulted him,” it said.  However, a conflicting report names the inmate as Hani Ghandour, who was serving a seven-year sentence for assault.

There are also conflicting reports of how the inmate died.  One report states that the inmate died while in solitary confinement; possibly from abuse, torture, or ill-treatment by the guards.  A second report states that inmate was killed during armed clashes after a group of 15 gunmen had stormed the building in an attempt to free prisoners.

There is no explanation for the discrepancies in the dead man’s name or the reason which lay behind the violence.

Four guards and at least 20 prisoners were said to have been injured in the clashes.

Conditions as Egyptian prisons are often dire and overcrowded. A lawyer said in June that prison guards near the Mediterranean city of Alexandria had beaten up 17 inmates to force them to end a hunger strike.

For more information, please see:

BBC – Upper Egypt Prison Shaken by Riot – 8 September 2008

Middle East Times – Egyptian Prisoners Riot After Inmate’s Death – 8 September 2008

Reuters – Twenty Five Injured in Egyptian Prison Riot – 8 September 2008

Iraq’s Palestinians Still Living In Fear, Seek Refuge Abroad

By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On September 5, the United Nations High Commissioner for Refugees announced that 25 Iraqi-Palestinian refugees, mostly vulnerable women and children currently residing in the al-Walid refugee camp, will be permitted to resettle in Iceland. 

Prior to the US-led invasion of Iraq in March 2003 there were around 34,000 Palestinians living in Iraq. Since the fall of Saddam Hussein, Iraqi-Palestinians have been especially vulnerable to attacks, harassment and persecution by Shiite gunmen.  Iraqi-Palestinians are especially targeted because many Iraqis resented the special status given to Palestinians under the former Sunni-led government.  Although sectarian violence has dropped across Iraq, the Iraqi-Palestinians remain one of the most vulnerable groups in Iraq, according to the United Nations.

Following the fall of Saddam Hussein, many of the Iraqi-Palestinians fled their communities in Baghdad and resettled in the al-Walid and al-Tanf refugee camps along the Iraqi-Syrian border, awaiting resettlement.  However, resettlement has been an arduous process as many countries including Syria, Jordan, Israel and the Palestinian Territories have closed their borders.  Only a few countries including Iceland, Sweden, Brazil and Chile have agreed to accept a few hundred of the Iraqi-Palestinian refugees fleeing from persecution. 

There are around 2,300 Iraqi-Palestinians living in the UN run al-Walid and al-Tanf refugee camps and lack access to basic services and adequate medical treatment.  To date, only 300 of the 2,300 refugees have been resettled in other countries.

Earlier this year, Chile accepted 117 of the refugees and Sweden has agreed to accept 155.  However, according to the UNHCR, it is unlikely that all of the Iraqi-Palestinian refugees will be resettled before next year.

For more information, please see:

BBC – Palestinians Head to Iceland – 8 September 2008

Jerusalem Post – 25 Iraqi Palestinians Head to Iceland– 8 September 2008

UN – Palestinians Stranded on Iraq-Syria Border to Depart for Iceland– 5 September 2008

AP – Iraq’s Palestinians Still Live in Fear – 29 August 2008