Fears of Violence and Intimidation Ahead of Nepal’s Historic Election

By Kristy Tridhavee
Impunity Watch Senior Desk Officer,
Asia

KATHMANDU, Nepal – After 10 years of insurgency by Maoists and almost 240 years of monarchy by the family of King Gyanendra, Nepal is set to have elections on April 10th that will elect an assembly which will transform the country. However, ahead of the elections the United Nations fears that voters face violation and intimidation from supporters of political parties.

A UN report attributed most of the acts to the Maoist party. In its report, it wrote, “The Young Communist League and other Maoist cadres continued to be involved in the largest proportion of these incidents.”. In mid-March youth cadres beat up workers of the Communist Party of Nepal, and harmed one person so severely that he needed a hospital stay. In February, the Nepali Congress accused Maoists of setting a candidate’s home on fire. When the candidate attempted to flee, he was hit with a boulder and fractured his hip.

The UN Mission in Nepal and the Office of High Commissioner for Human Rights found that during campaigning there have been a number of abductions and explosions near voting sites. There are three reported deaths thus far and numerous injured persons. Some rebel groups in Nepal’s southern plain region have vowed to disrupt the elections.

The organizations also reported there was credible evidence that State resources were being used to buy votes through “donations” of food, clothing, and other goods.

The Nepalese government tightened security to decrease the violent incidents. About 135,000 police were deployed to keep watch until elections on Thursday. In addition, helicopters are patrolling the skies until the election and will later be used to transport the ballot boxes from remote polling stations.

The up and coming elections are crucial to the country’s future because the newly elected assembly will write a new constitution. This will likely result in a republic, a foundation to lasting peace with Maoists, and a change to the workings of the government. The assembly will also decide how ethnic groups will be represented in the government.

For more information, please see:

The Hindu – UN Asks Political Parties to Stop ‘Intimidatory Behaviour’ – 7 April 2008

International Herald Tribune – Nepal Prepares to Vote with an Uneasy Eye on Ex-Insurgent Candidates – 6 April 2

Reuters – Tight Security in Place Ahead of Nepal Elections – 5 April 2008

UPDATE: 1,000 Khmer Rouge Survivors Share Stories with Tribunal

PHNOM PENH, Cambodia – More than 1,000 Khmer Rouge Regime survivors have filed complaints with the Khmer Rouge Tribunal.  The complaints are a method for greater participation from public in the prosecution.  Survivors are able to share their stories with the Khmer Rouge Regime and give the prosecution additional evidence.

For more information, please see:

Radio Australia – Filed Complaints Bolster Cambodian Trials – 8 April 2008

UPDATE: Nauru’s Supreme Court Finds Parliament Meeting Illegal

YAREN, Nauru — Yesterday, Nauru’s Supreme court declared an amendment passed in a controversial Parliamentary session two weeks ago illegal. The amendment would have ousted two key Cabinet Ministers and given the Opposition party a majority in Parliament.

On Easter Saturday, Parliament Speaker and Opposition member, David Adeang, called a Parliamentary session without notifying the Government. With three members out of the country and the electricity disconnected, Mr. Adeang gathered mostly Opposition members to amend the Citizen Act. Although the meeting lacked a quorum, the amendment would force two of Nauru’s senior Cabinet Ministers out of office for having dual citizenship.

President Marcus Stephen stated that Foreign Minister, Dr. Kieren Keke, and Finance Minister, Frederick Pitcher would not be disqualified from their positions. Mr. Adeang subsequently accused the President of seeking to stage a Parliamentary coup.

On Monday, Chief Justice Robin Millhouse of the Supreme Court declared the impromptu Parliament session illegal and all rules decided at the meeting, thus, void.

Mr. Adeang believes the Court’s decision effectively overturns 40 years of Parliament practices in Nauru. Meanwhile, President Stephen has praised the Supreme Court, calling the holding a stabilizing influence on Nauru’s government.

For more information, please see:
ABC News: Australia — Nauru judge blocks citizenship law change — 08 April 2008

Radio New Zealand International — Nauru speaker at odds with Supreme Court ruling — 08 April 2008   

Radio New Zealand International — Nauru Government says Court has ruled that Speaker acted unconstitutionally — 07 April 2008

BRIEF: Turkish Defendants Lack Legal Representation

ISTANBUL, Turkey – A new study, conducted by Istanbul Bilgi University and the Open Society Justice Initiative, concluded that less than 10 percent of criminal defendants in Turkey are represented by a lawyer.  The report is based on empirical data collected from over 600 case files opened in 2000-2001 and closed before 2005.  In addition, the researchers observed 173 court proceedings in Istanbul courts and interviewed over 75 criminal justice actors.

The report, Alone in the Courtroom: Accessibility and Impact of Criminal Legal Aid before Istanbul Courts, found that approximately 75 percent of criminal defendants sentenced to prison were never represented by a lawyer and that in less than 8 percent of the cases were lawyers present at the police interrogations.

Turkey’s Code of Criminal Procedure requires that free legal aid be provided to all criminal defendants, regardless of financial standing.  However, the report finds that only less than 2 percent of defendants exercise this right.  One of the likely causes is that there is a lack of awareness among defendant’s about their right to free legal aid.


For more information, please see:

Open Society Justice Initiative – New Report from Turkey Finds Accused Lack Legal Representation – 6 April 2008

Open Society Justice Initiative – Alone in the Courtroom: Accessibility and Impact of Criminal Legal Aid before Istanbul Courts – June 2007

International rights group urges India to investigate unmarked graves in Kashmir

By Ariel Lin
Impunity Watch Reporter, Asia

SRINAGAR, India – Amnesty International, an international human rights group, urged the Indian government to launch an immediate investigation into nearly 1,000 unidentified graves found in the remote-hit region of Kashmir during the past two years.  Amnesty International wants the government to determine if any of the graves contain the bodies of those listed as missing by local rights groups.  Human Rights Watch also released a letter to the United Nations Human Rights Council (HRC), indicating that HRC should insist that the Indian government take strong steps to hold accountable members of its security forces responsible for torture, arbitrary detentions, killings, and “disappearances”.

The plea from Amnesty International comes after a local rights group, the Association of Parents of Disappeared People, said it discovered nearly 1,000 unidentified graves scattered in cemeteries around the town of Uri. Uri is one of the most violent parts of Kashmir and neighbors the Pakistan-administered zone of Kashmir.

“The grave sites are believed to contain the remains of victims of unlawful killings, enforced disappearances, torture and other abuses which occurred in the context of armed conflict persisting in the state since 1989,” Amnesty International said in a statement.

Last week police in Indian-administered Kashmir rejected a demand for action to identify the bodies.  At least 200 demonstrators led by senior leaders of Hurriyat held a protest in Srinagar, the summer capital of Kashmir, against what they called gross human rights violations by security forces.  The protestors carried placards reading “Stop human rights violations” and pictures of “missing persons”.

Kashmir is divided between India and Pakistan, but claimed by both in its entirety.  Many Islamic groups have been fighting mainly Hindu India in Kashmir since 1989, demanding independence or a union with mostly Muslim Pakistan.  The insurgency has left more than 43,000 people dead by official counts while rights groups put the toll at 70,000 dead and disappeared.

For more information, please see:

BBC – Amnesty urges Kashmir grave probe – 07 April 2008

Human Rights Watch – India: UN Rights Council Should Tackle Impunity – 07 April 2008

International Herald Tribune – International rights group urges India to probe unidentified graves in Kashmir – 07 April 1008

Reuters – Amnesty urges India to probe unmarked Kashmir graves – 07 April 2008