US Denounces Proposed Myanmar Referendum

By Juliana Chan
Impunity Watch Reporter, Asia

YANGON, Myanmar – Myanmar’s military government announced on Saturday they would hold a referendum on a new constitution in May and general elections in 2010.

The United States and pro-democracy activists in Myanmar have denounced the regime’s plans for “its lack of seriousness about an open and fair process for the restoration of democracy.”

Dana Perino, White House spokeswoman, said the problem was not the setting of the date for elections, but  with the regime’s non-transparent and exclusive processes. “The drafting process for the constitution does not incorporate the views of opposition parties or all ethnic groups, nor does this timeframe allow for adequate debate on the pros and cons of the proposed constitution.”

Sean McCormack, State Department spokesman, said the proposed constitution was a “sham referendum [drafted] in a closed process by a hand-picked committee dominated by senior regime officials.” The proposal includes non-democratic features, including a ban on pro-democracy leader Aung San Suu Kyifrom running for office because she married a foreigner. “No referendum held under these conditions […] can be free, fair, or credible,” Mr. McCormack added.

Saturday’s announcement is widely seen as an attempt to deflect international pressure after last September’s suppression of pro-democracy protesters that killed at least 31 people. The junta has also failed to meet pledges it made to begin talks on political changes.

If elections are held, however, it would be the first since 1990, when Ms. Suu Kyi’s National League for Democracy won a landslide victory that the junta ignored.

For more information, please see:

AFP – Activists reject Myanmar charter, fear violence during vote 11 February 2008

Bloomberg – Myanmar Elections Plan ‘Not Satisfactory’ to U.S. – 11 February 2008

Reuters – U.S. assails Myanmar election pledge; U.N. cautious – 12 February 2008

AP – Myanmar Activists Denounce Planned Polls – 11 February 2008

Iran to Execute Two Sisters by Stoning

y Kevin Kim
Impunity Watch Reporter, Middle East

TEHRAN, Iran – Two sisters are facing execution by stoning for adultery in Iran. On Thursday, Amnesty International called on the authorities to commute the sentences immediately, while both the EU and the US have already expressed their disapproval of Iran’s apparent human rights violation.

Iranian police arrested the two sisters, Zohreh and Azar Kabiri-niat, in February 2007 after Zohreh’s husband filed a complaint against her, her sisters, Azar’s husband, and another man. Zohreh’s husband claimed that they had ‘illicit relations’ and submitted as evidence video footage from a camera he had secretly installed in his house.

In March 2007, An Iranian court sentenced the five to flogging for “having illicit relations.” Zohreh also received five years’ imprisonment for forming ‘a center of corruption.’ But after the sentence was carried out, fresh charges of “committing adultery while being married” were brought against Zohreh and Azar mere three months later. A court found both sisters guilty and they were sentenced to death by stoning.

A new lawyer representing the sisters believes the trial was unfair. “The case has fundamental problems, since a person can not be tried twice for the same crime. Yet these two sisters have been tried twice in the same case, and two sentences have been issued for them,” he said. Furthermore, the prosecution was unable to satisfy the circumstances that are required to prove adultery under the Iranian law – confession by the accused on four different occasions that can be corroborated by the testimony of four eyewitnesses to the alleged crime.

As local and international clamor to halt execution by stoning became louder, both the EU and the US have expressed their concerns on Iran’s current human rights record. The EU was particularly “dismayed” that Iran is again carrying out execution by stoning despite the moratorium ordered by the Head of the Judiciary Ayatollah Shahroudi in December 2002. The US was also concerned that Iran has already executed at least 36 people since January of this year.

Iran regime’s ambassador, however, criticized the reports on abysmal record of human rights violations in Iran and called on the rights groups to respect such inhuman punishments as “local traditions.” “Our laws establish that we amputate a hand of those who steal. It is not accepted in the West, but local customs must be respected,” he said.

For more information, please see:

NCRI – Iran regime’s ambassador defends amputation and hanging – 9 February 2008

The Times of India – US concerned at upsurge of executions in Iran – 7 February 2008

M & C News – EU “dismayed” by human rights violation in Iran – 7 February 2008

Amnesty International – Two sisters face execution by stoning – 7 February 2008

Human Rights Watch – Judiciary must prevent imminent execution by stoning – 6 February 2008

Iraq: US soldier convicted of killing Iraqi civilian

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

BAGHDAD, Iraq- Sergeant Evan Vela was sentenced to 10 years of imprisonment for killing an unarmed Iraqi civilian by court martial in Baghdad.  Sgt. Vela was charged and convicted with murder without premeditation.  He was also charged with planting evidence and making a false statement regarding the incident to his officers.

The action occurred south of Baghdad on May 11, 2006.  The Iraqi civilian stumbled upon a team of six sleeping Army snipers.  Discovering the civilian in their hideout spot, the team feared that the civilian would alert insurgents in the area and jeopardize their safety.  Thus, Vela carried out the team’s plan to kill the Iraqi.  After the killing, the team planted evidence on the civilian, including an AK-47, to make the killing look necessary.

Two other team members, Sergeant Michael Hensley and Special Jorge Sandoval, were also charged with murder, but were cleared during the trial.  However, they were convicted of planting evidence on the dead Iraqi.

Sergeant Vela’s defense team blamed the death on Vela’s lack of rest.  Vela had slept only five hours in the previous three days to the incident, because the snipers had engaged in a a treacherous hike on difficult terrain.

However, the jury found the defendant guilty.  “Vela was sentenced to 10 years confinement. He was also sentenced to a reduction in rank … forfeiture of all pay and allowances and a dishonorable discharge from the army,” reported media officer Lieutenant Patrick Evans. (AFP)

This is an important step for the U.S. military to ensure that the death of Iraqi civilians will not be tolerated.  The military took the correct action of holding the soldier accountable for his individual actions.  Unless the soldiers are held accountable for their actions of killing innocent Iraqis, the peacekeeping force in Iraq will be regarded as enemies who are given absolute immunity for their actions.  This view would further escalate the deaths in Iraq.  Therefore, it was imperative that Sgt. Vela was not given immunity.  This precedent of reduced immunity should also be used to regulate the private actions of hired security forces, such as Blackwater USA.

For more information, please see:

AP- Army Sniper Convicted of Killing Iraqi- 10 February 2008

AFP- 10 years for US sniper who killed unarmed Iraqi– 10 February 2008

BBC- US sniper jailed for Iraqi murder- 10 February 2008

Guardian- US sniper shot unarmed man- 11 February 2008

Open Sessions Resume in Charles Taylor Trial

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

THE HAGUE, Netherlands – After seven days of closed testimony, the Charles Taylor trial resumed open session this week and heard testimony from a former RUF Radio Communication Officer and a former member of the Gambian military.

Perry Mohamad Kamara, a former RUF Radio Communications Officer, testified regarding the close relationship and coordination between RUF leader Foday Sankoh and Taylor, the RUF’s command and structure at that time, and the methods of communication used by the RUF.  Kamara testified that he heard Sankoh and Taylor communicate via code names, and heard Taylor giving military advice to Sankoh.  Kamara also testified regarding RUF attacks on civilians, the attack on Freetown, and forced diamond mining.

On cross examination the Defense counsel questioned Kamara on what he had actually observed or witnessed and the procedures used regarding communication.  Defense counsel also questioned him regarding the likelihood of Taylor giving Sankoh military advice, considering Taylor had never served in the military. 

The prosecution next called Mr. Camara, nicknamed Suwanzy.  Camara testified that after spending five years in the military, he left Gambia and traveled to Liberia where he met Koukoi Samba Sanyang and eventually joined the Special Operational Force for Africa (SOFA), which was planning on training people in Liberia to overthrow the government in Gambia.  He further testified that he met Sankoh and Taylor in 1990.

The prosecution will continue their examination of Camara next week.

For more information, please see:

AllAfrica.com – Prosecution Completes Redirect Examination of TF1-371; Begins Examination of Fromer RUF Radio Communications Officer – 5 February 2008

AllAfrica.com – Former RUF Radio Operator Testifies Concerning RUF Operations – 6 February 2008

AllAfrica.com – Kamara Testified Concerning RUF Attacks on Civilians and Freetown – 7 February 2008

AllAfrica.com – Cross Examination of RUF Radio Operator Concludes – 8 February 2008

BRIEF: New Report on Silenced Dissent in Sri Lanka

COLOMBO, Sri Lanka- A new report released by Amnesty International (AI) has found that threats to media freedom are very serious in Sri Lanka, and have been since the civil war resumed in 2006.  AI is concerned that the Sri Lanka government is not meeting its obligations under the International Covenant on Civil and Political Rights.

Many reporters have been illegally detained under recently enacted Emergency Regulations.  Not only are reporters’ rights threatened, but so are their lives.  In just the past two years, at least 10 journalists, mostly Tamil, have been killed and others have been abducted and tortured.  According to AI, the people responsible have not been punished by the government.

For more information, please see:

Amnesty International – Sri Lanka: Silencing Dissent – 7 February 2008

Impunity Watch – Sri Lanka: Poor Human Rights Record Noted on Day of Independence – 3 February 2008