Sri Lankan Military Attack on Tamil Tiger Rebels Displaces Thousands of Citizens

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The Tamils or Tamil Tigers, who make up the minority population have rebelled against the majority Sinhalese since 1983.  The rebels have desired to secede from Sri Lanka due to the marginalization of the government controlled by the Sinhalese.  Since then, 70,000 people have reportedly been killed because of the fighting.

Last week, the Sri Lankan military attacked the Tigers in an effort to regain the rebel controlled territory, primarily in the north and eastern parts of the country.  The government’s military offensive included air strikes, helicopter attacks and ground assaults.  Fighter aircraft attacked a Tiger intelligence center in the north in response to a Tiger air raid of a military base.  As a result, a reported 47 rebels were killed and 13 military soldiers were dead or missing.

Just in this past week, thousands of civilians were forced to flee their homes.  According to Amnesty International, approximately one third are living in open air with no shelter.  Many cannot receive food, tents or other goods due to restrictions on what passes through rebel territory.  The rebels have also restricted the movement of civilians out of the territory.  The government has even held civilians in de facto detention centers, not allowing them to leave except for food.

“Both sides to this long conflict have again shown that they will jeopardize the lives of thousands of ordinary people in the pursuit of military objectives,” said Yolanda Foster. “In the absence of independent international monitors, Sri Lankan civilians lack protection and remain at the mercy of two forces with long records of abuse.”

The UN Secretary General stated that the conflict had “grave humanitarian consequences for civilians”.  Moreover, “he reminds all concerned of their responsibility to take active steps to ensure the safety and freedom of movement of civilians, allowing humanitarian organizations to do their work in safety, as well as to reach persons affected by the fighting who need humanitarian assistance,” a statement said.


For more information, please see:

Amnesty International – Sri Lanka:  Liberation Tigers of Tamil Eelam (LTTE) and Government endangering tens of thousands of lives – 14 August 2008

Asia Times Online – Civilians Caught in Sri Lanka’s ‘Clean War’ – 11 September 2008

BBC – Sri Lanka Jets Bomb ‘Rebel Base’ – 10 September 2008

USA Today – Sri Lankan Military:  47 Tamil Tiger Fighters Killed in Fighting – 03 September 2008

Groups Urge Police to Investigate Treason Complaint

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

SUVA, Fiji – Despite the interim government describing ousted Prime Minister Lasenia Qarase’s allegations of treason as a political “gimmick”, several organizations have called for the civil complaint to be taken seriously.  These organizations which range from international non-governmental organizations to Fiji’s Human Rights Commission, express the sentiment that the letter of the law requires that the police investigate the allegations.

Dr. Shaista Shameem, chairperson of Fiji’s Human Rights Commission, said that just because the ousted PM filed the claim, that should not stop the police from investigating.  She also emphasized that Qarase’s right to file such a complaint is protected under Fiji’s Constitution.  However, unlike others who have weighed in on this issue, she does not believe that police commissioner Commodore Esala Teleni needs to step aside in order for the investigation to proceed.

The Pacific Centre for Public Integrity, which had previously called for police action, reiterated its call today with harsh language. Peter Waqavonovono, the organization’s campaigner, said that Teleni’s stance toward the treason allegation was “a slap in the face of the justice system and is a violation of the rights of citizens.” Waqavonovono added that the Attorney-General’s claim that an investigation could not be conducted due to the pending case of Qarase v. Bainimarama was “legally incorrect, and a blatant attempt to subvert justice.”

The Citizen’s Constitution Forum also added its voice to the chorus, with its director Reverand Akuila Yabaki saying that the law was clear that an investigation was appropriate

For more information, please see:
Fiji Daily Post – Treat complaint seriously: PCPI – 12 September 2008

FijiVillage – Teleni Should Allow Treason Investigations-CCF – 12 September 2008

Radio Australia  – Fiji police must investigate alleged treason: Commission – 08 September 2008

Egyptian Security Forces Accused of Murdering African Refugees

By Lauren Mellinger
Impunity Watch Reporter, Middle East

CAIRO, Egypt – On September 9, 2 Sudanese refugees were shot and killed by Egyptian soldiers as they tried to cross the Egyptian border into southern Israel.  A third refugee was wounded in the shooting and was subsequently arrested by the Egyptian police.

In the past three years, more than 4,000 refugees have crossed through the Sinai Desert illegally, seeking asylum in Israel.  Many of the refugees are escaping from the war-torn Darfur region of Sudan.  During the summer of 2007, Egyptian authorities implemented a live-fire policy along the Sinai border between Egypt and Israel.  Since then, at least 20 African refugees have been shot dead by Egyptian security forces while trying to reach Israel.

According to Amnesty International, 23 of the refugees have been shot to death by Egyptian security forces since January, and dozens of others have been wounded.  Other refugees captured by the Egyptian security forces have either been imprisoned or forcibly sent back to their country of origin where they will likely face severe human rights abuses; a violation of the guidelines of the UN High Commissioner for Refugees.

Survivors have reported that the Egyptian security forces have gunned down some of the refugees without a warning, including in situations where the refugees have raised their hands in surrender, although Egypt denies the allegation.  Sudanese refugees who are in Israel have reported they were caught and tortured in Egyptian prisons.

According to the Amnesty International Report, Egypt: Deadly Journeys through the Desert, the use of deadly force on the part of the Egyptian security forces against the African refugees violates international law as the refugees are unarmed and therefore do not pose a threat to Egypt.

While refugee advocates claim that Egypt adopted its live-fire policy as a result of US and Israeli pressure on Egypt to stop the flow of African refugees into Israel, both the US and Israeli governments deny this assertion.  However the Sudanese government has urged the Egyptians to take a tougher position on any Sudanese refugee caught in Egypt while trying to escape to Israel.  In a statement given in July 2007, Sudanese Refugee Commissioner, Mohammed Ahmed al-Aghbash, stated that any Sudanese citizen entering Israel was attempting to pursue a “Zionist agenda” and urged the Egyptian government to “firmly penalize them.’

Despite the Egyptian government’s adoption of a live-fire policy along the 155 mile border with Israel, thousands of African refugees continue to cross through the Sinai Desert seeking asylum in Israel.

For more information, please see:

The San Francisco Chronicle – Egypt Accused in Killings of African Refugees – 12 September 2008

United Press International – Egypt Said Increasing Migrant Slaying – 12 September 2008

The Media Line – Sudanese Killed At Egypt-Israel Border– 10 September 2008

Israel Today – Egyptians Gun Down Two More African Refugees – 9 September 2008

Amnesty International USA – Egypt: Deadly Journeys through the Desert – 20 August 2008

Increased Territory Seperation by the Israeli Military

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

WEST BANK, Israel – Two human rights organizations, Hamoked (Center for the Defense of the Individual) and B’Tselem, claim the Israeli government has taken steps to further separate the Gaza Strip from the West Bank. The West Bank and the Gaza Strip are separated by Israeli territory. Since the outbreak of a Palestinian uprising against Israeli occupation, Israel has increasingly restricted Palestinian travel between the territories.

According to a paper cited in the Jerusalem Post, since last year Israel has furthered its criteria to “perpetuate a new factual and legal reality of separation between residents of the Gaza Strip and the West Bank, while severing the interdependent social, economic and cultural ties between the two groups, infringing their rights and impeding the possibility that the Palestinian people will realize their right to self-determination.” 

Now, Palestinians whose registered address is in the Gaza Strip must obtain a permit to enter West Bank. The military issues the permit, which is valid for three months. To obtain a permit, a Palestinian resident of Gaza must show he or she has lived in the “West Bank continuously for the past eight years, is married with children, must have a security clearance and must provide humanitarian grounds for requesting the permit.”

Even though the Gaza Strip and the West Bank have historically been one entity, a Palestinian who does not have this permit is considered an “illegal alien.” A permit must be issued regardless of the fact that some of the Palestinians were born in West Bank, have resided there for years, or established their home there.

West Bank residents who seek to visit the Gaza Strip must sign a commitment to remain there. In a recent situation, a female resident of West Bank sought to visit her ailing husband in Gaza, but the military only approved a one way permit.

In another case, a Palestinian from Gaza returned to the West Bank when his mother’s leg was amputated. His request for a permit to return to Gaza was rejected. The army also refused to allow his wife and infant daughter in Gaza to join him in the West Bank. Eventually, the man was permitted to return to Gaza if he signed that he would never come back to the West Bank. The new policy forces relatives to move to Gaza with no possibility of returning to West Bank.

Marriage between residents of the Gaza Strip and the West Bank is not a sufficient cause for issuing a permit. Israel is being accused of “exploiting the hardship of families which are split between the West Bank and Gaza Strip.” Furthermore, Israel is turning Palestinian residents of the Occupied Palestinian Territories into ‘illegal aliens’ in their own homes.

For more information, please see:

BBC –Israel’ Dividing up Palestinians’ – 10 September 2008

Jordan Times – Israel Deepens West Bank-Gaza Split – 10 September 2008

Jerusalem Post – ‘Israel is Dividing Gazan, W. Bank Populations’ – 10 September 2008

iafrica – Palestinians Forced Into Gaza – 10 September 2008

Yahoo News – Israeli Groups Chide Limitations on Palestinians – 10 September 2008

Thai Intellectual Arrested for Insulting Monarchy

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BANGKOK, Thailand – Sulak Sivaraksa, a prominent intellectual, was arrested on a charge of insulting the Thai monarchy.  The offense may lead to a 15 year sentence for the 75 year old intellectual.

Sivaraksa was arrested for remarks he made in December last year to mark International Human Rights Day. Sivaraksa’s lawyer would not quote the passages from the speech on philosophy, society, and human rights.  However, reports indicate that the speech was broadly critical of government spending on the lavish 2006 celebrations for King Bhumibol Adulyadej’s Golden Jubilee. Sivaraksa’s lawyer stated that Sivaraksa considered his critical remarks to be an effort to protect the monarchy.

Although almost all Thais revere the monarchy and admire the king, the specific charge of lese majeste is often used for political purposes.  The timing of Sivaraksa’s arrest comes amid a struggle between the royalist, military “old guard,” represented loosely by the People’s Alliance for Democracy (PAD) street campaign, and forces loyal to former Prime Minister Thaksin Shinawatra.  Although the monarchy is considered to “be in the middle and working in every field,” Queen Sirikit’s recent attendance at the funeral of a PAD protester killed in clashes has led many to believe the monarchy supports the campaign to oust the elected government.

“The more clear it becomes that the monarchy is caught up in politics, the more they are attempting to clamp down on local and international discussion of this role.  It seems that the authorities are trying to keep a lid on discussion of this political role,” said Thailand researcher Andrew Walker of Australian National University in Canberra.

The Thai police are presently investigating 30 other similar cases.  One includes an Australian writer, who is presently in jail, awaiting formal charges for allegedly inappropriate passages in a novel.

Sivaraksa was educated in Britain and has been associated with reformist movements since the 1960’s.  During the 1960’s he was a mentor to students who took part in an uprising against military dictatorship in 1973.  He fled abroad after a right-wing counterrevolution in 1976, the first of several periods he spent in exile.

For more information, please see:

AP – Thai Intellectual Arrested on Anti-Monarchy Charge – 7 November 2008

Bangkok Post – Sulak Arrested – 8 November 2008

Reuters – Arrest of Thai Academic Raises Free Speech Fears – 7 November 2008