A Voice for the Voiceless

Chinese Dissidents Detained and To Stand Trial for Criticisms

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

BEIJING, China – Chinese prosecutors have decided to try Hu Jia, a prominent dissident, on subversion charges. Also, Chinese authorities have recently released Teng Biao, a human rights lawyer, after detaining him for two days.

Hu Jia is an advocate for AIDS sufferers and Tibetan-autonomy. Hu Jia was detained in early December for “inciting subversion of state power.” Hu Jia was under house arrest prior to his December-arrest for nearly a year. He chronicled his experience in essays on the internet and videos. He also often spoke with foreign reporters.

Many local and international groups have called for his release; however, prosecutors said they had accepted the police’s case and would bring him to court. Subversion charges are typical for dissidents that are heavily critical of the Communist party, and a conviction may lead to several years in prison.

Teng Biao is a human rights lawyer and part-time professor. A few days ago, he was detained by Chinese authorities while on his way home to his family. Witnesses said he was dragged into a car with two men in the parking lot of his apartment building.

Forty-one hours after his detainment, Teng Biao was released. In statements, he reported that he was not physically harmed but was intensively questioned at an unknown location. He also stated that he was sternly warned about recent internet articles he authored. However, Teng Biao refused to discuss the incident further because officers had cautioned him against speaking out.

In an essay Hu Jia and Ten Biao together wrote an essay denouncing the Communist ruling party. The two dissidents wrote: “Is China improving its human rights record? When you come to the Olympic Games in Beijing, you will see skyscrapers, spacious streets, modern stadiums and enthusiastic people. Please be aware that the Olympic Games will be held in a country where there are no elections, no freedom of religion, no independent courts, no independent trade unions; where demonstrations and strikes are prohibited.”

For more information, please see

Impunity Watch – BRIEF: Chinese Human Rights Lawyer Reported Missing – 7 March 2008

The Jurist – China Rights Activist to Stand Trial on Subversion Charges – 8 March 2008

NY Times – Chinese Lawyer Says He Was Detained and Warned on Activism – 9 March 2008

Reuters – China Dissident Hu Jia to Stand Trial: Lawyer – 8 March 2008

BRIEF: Four Years Later No Arrests in Lawyer’s “Disappearance”

BANGKOK, Thailand – On March 12, 2004 Somchai Neelappaijit was kidnapped while in his car and has not been seen since. Somchai Neelappaijit, a chairman of Thailand’s Muslim Lawyers Association and vice-chairman of the Human Rights Committee of the Lawyers Council of Thailand, had just begun a lawsuit alleging widespread police torture of Muslims in the southern border provinces.

One month after his disappearance, five Thai police officers were arrested and charged only with coercion and gang robbery. They could not be charged with murder because Somchai Neelappaijit’s body could not be found, and they could not be charged with kidnapping because Thai criminal code only specifies kidnapping for ransom. After a highly criticized trial, only one police officer was convicted of coercion. However, he later was released after successfully filing an appeal.

Little has occurred in the Somchai Neelappaijit’s case since the trial. However, Human Rights Watch [HRW] urges the new Thai government to take steps to ensure the guilty officers are brought to justice. Brad Adams, Asia director at HRW, said, “Somchai’s case is a clear test for the new Thai government. Successive governments have engaged in a cover-up to hide the identities of the authors of this heinous crime. Four years later, no steps have been taken to hold these officials accountable.” Adams added, “Muslims in southernThailand have told us that the government’s failure to solve ‘disappearances’ leaves them with the perception that justice for them is disappearing as well,”

For more information, please see:

Human Rights Watch – Thailand : End Official Cover-Up in Lawyer’s “Disappearance” – 11 March 2008

United Press International Asia – No Justice for Disappeared Thai Lawyer – 6 March 2008

BRIEF: Zimbabwe bans Western Observers

HARARE, Zimbabwe – Elections in Zimbabwe later this month have been decreed “off limits” to Western observers.  Believing Western countries are trying to remove him from government, Zimbabwe’s president Robert Mugabe instituted the ban.   Mugabe has been in power since 1980 when Zimbabwe gained its independence from Britain. Many people believe Mugabe’s “Zanu-PF” party to be poised to win again.  The two challengers, Simba Makoni and Morgan Tsvangirai, believe the government-imposed ban indicates that Zanu-PF has something to hide.

The army, through Defence Forces Commander Constantine Chiwenga, announced it would only back Mugabe in the upcoming election, calling the other two candidates “sell outs.”  “Elections are coming, and the army will not support or salute sell-outs and agents of the West before, during and after the presidential elects,” said Chiwenga.  In addition, army sources claim that soldiers have been instructed to take leave so that they could go to rural areas and stump for the Zanu PF campaign.

Despite the ban on western observers, African countries, as well as Zimbabwe’s allies China, Iran and Venezuela, will be allowed to monitor the elections.

BBC News – Zimbabwe bans Western observers – 7 March 2008

allAfrica.com – I’ll only salute Mugabe, Not Sell-Outs – Chiwenga – 9 March 2008

BRIEF: Burning of Nauru Police Station Tied to Unemployment Crisis

YAREN, Nauru –- Nauru’s government is calling for peace after an angry mob set fire to Nauru’s main police station to protest a phosphate shipment Friday night. The government is blaming former President, Rene Harris, for inciting opposition to Nauru’s plan to resuscitate the phosphate industry.

The mining of phosphate, a mineral used in farm fertilizer, has long been a source of political unrest in Nauru. Economically, Nauru relied on the mineral as its chief export for almost a hundred years. By the 1990s, the mining industry had exhausted phosphate reserves and devastated the country’s environment. Since then, Nauru has fallen into bankruptcy and relies heavily on foreign aid. Australia’s refugee camp, built in 2001 and closed earlier this month, helped account for nearly 25 per cent of Nauru’s GDP. With the center’s closing, the government hopes the phosphate industry might be revived.

But many citizens are unwilling to embrace an industry they equate with corruption, failed investment, and bankruptcy. Friday’s arson drew concerns from Australian Federal Police officer, Robert Lehman, in charge of Nauru’s police force, who reportedly swore in 100 civilians, including high school students, to help keep the peace.

While protests continue in the wake of the unemployment crisis, police were overwhelmed with volunteers who were eager to help the government restore peace to the small island nation.

For more information, please see:

Pacific Magazine — Nauru Police Station Attacked –- 10 March 2008

The Age: Australia — Teens not deputized over weekend: Nauru –- 10 March 2008

Radio New Zealand International — Nauru Government says that former President behind unrest –- 10 March 2008

BRIEF: Interim Government Claims Executive Privilege

SUVA, Fiji — The trial challenging the constitutionality of the Fiji Coup of 2006 has taken a new turn.  Last week lawyers for the interim government argued that the Fijian High Court lacked jurisdiction to hear the case and this week they are attempting to argue that certain evidence should not be admitted into the proceedings in the interest of executive privilege.  Specifically, lawyers for the interim government wish to exclude the minutes from meetings between President Ratu Josefa Iloilo, Qarase and current interim Prime Minister Bainimarama that took place prior to the December 2006 takeover.  Transcripts of the meetings have been presented to the High Court by the President’s official secretary Tupeni Nacewa in the form of an affidavit.

Gerard McCoy, QC, a lawyer for the interim government, is arguing that revealing such information would be detrimental both to the public and to the office of the PM.  McCoy stated that the information contained within the affidavit is privileged because, “Nacewa is the passage through which official communications are committed – and parties were not at liberty to oust the crown privilege.”  Furthermore, he said, any information contained in the affidavit would distract the Court from its main purpose, looking after the public welfare.

Qarase’s lead counsel, Nye Perram, QC, countered that this evidence was vital to the Court’s consideration because it could give critical insight into the legality of Bainimarama’s military takeover.  He also argued that the public has a right to know what transpired in the lead up to the coup, “the public only knows what happened outside – and had a right to know the inside story.”

The matter is set for arguments on Tuesday before the Fiji High Court.

For more information, please see:

Radio New Zealand International — Fiji interim government lawyer says High Court has no authority to review President’s actions — 07 March 2008

Radio New Zealand International — Fiji interim government continues to claim executive privilege in legal challenge to coup — 07 March 2008

Fiji Broadcasting Corporation Limited — People have a right to know coup events: lawyer — 07 March 2008

Radio New Zealand International —Fiji court told to consider public interest as interim government claims executive privilege — 06 March 2008