By Christine Khamis

Impunity Watch Reporter, Asia

BEIJING, China –

Guo Yushan, a Chinese scholar who aided blind activist Chen Guangcheng in his 2012 house arrest escape, has been conditionally released by Chinese authorities. Mr. Guo was released along with a former colleague, He Zhengjun.

Mr. Guo was the head of the Transition Institute, a Chinese research institution, before Beijing authorities shut it down in 2013. The organization was pro-democracy and researched social and economic issues in China. Mr. He was the Transition Institute’s administrator.

Li Jin, Mr. Guo’s lawyer, has confirmed that Mr. Guo was released on bail on Tuesday. Li Jinxing, Mr. He’s lawyer, also confirmed his release. The reason for their release is still unclear. Because the release of Mr. Guo and Mr. He is conditional, the charges against them are still in effect and both men could be taken back into police custody.

Mr. Guo and Mr. He were detained at the same time that the Occupy Central protests were occurring in Beijing. Both men were arrested on suspicion of illegal business activity, which included the unlawful printing of books and other publications.

In 2012, Mr. Guo assisted Chen Guangcheng in his escape from China by helping him travel to the United States Embassy in Beijing. Mr. Chen then traveled to the United States, where then-Secretary of State Hillary Clinton advocated on his behalf so that he could stay in the United States as a visiting student.

Mr. Guo could have been detained for his role in Mr. Chen’s escape from China. Initially, Mr. Guo was put on house arrest for 81 days, after which he stated in an interview that Chinese police had warned him of more severe consequences for his involvement in the escape. About a year later, Mr. Guo was taken into custody after police raided his apartment in Beijing.

Critics have accused the Chinese government of carefully timing the release of the activists with Chinese President Xi Jinping’s upcoming United States’s visit, which is scheduled for later this month. It will be President Xi’s first state visit to the United States since he became president in 2012. Throughout his presidency, President Xi has cracked down on lawyers, human rights activists, and others.

Many critics believe that the release of the activists was a symbolic measure taken to prevent the United States’ criticism of China’s human rights record. Sophie Richardson, the China Director at Human Rights Watch, told The Guardian that the Chinese government has made a series of small concessions in an effort to “keep human rights issues out of the summit”.

 

For more information, please see:

 Associated Press – China releases scholar ahead of its leader’s visit to US – 15 September 2015

The Guardian – Beijing releases activist on eve of Chinese president’s visit to US – 15 September 2015

The New York Times – China Releases Scholar Who Helped Activist Gain Asylum in U.S. – 15 September 2015

Radio Free Asia – China Releases Two NGO Activists ‘On Bail’ Ahead of President’s US Trip – 15 September 2015

 

By Christine Khamis

Impunity Watch Reporter, Asia

 

COLOMBO, Sri Lanka—

The United Nations has released a report calling for a special court to try war crimes that occurred during the 26 year long conflict between the Sri Lankan army and the Tamil Tiger rebels. The U.N.’s report calls for a court that is comprised of international judges, local Sri Lankan judges, prosecutors, lawyers, and investigators.

The U.N. report charges both the Sri Lankan government and the Tamil Tiger rebels with committing atrocities against civilians during the war, which ended in 2009. Around 100,000 people were killed during the war, and estimates indicate that an additional 40,000 people were killed during the final stage of the war. Additionally, tens of thousands of civilians went missing during the war and were never seen or heard from again.

The crimes listed in the U.N. report, committed by both the Sri Lankan army and the Tamil Tigers, include indiscriminate shelling in “no shell zones”, extrajudicial murders, enforced disappearances of tens of thousands of people, forced recruitment of adults and children, and acts of torture and sexual violence.

The U.N.’s report states that if forced recruitment by the Tamil Tigers is proven in court, it will be classified as a war crime. The Sri Lankan government’s denial of humanitarian assistance during the war will also be classified as a war crime if that denial is proven in court.

Sri Lanka’s previous government, led by President Mahinda Rajapaksa, resisted international calls to investigate the war crimes. Sri Lanka’s new government, which came into power under President Maithripala Sirisena early this year, promised that it would cooperate with U.N. directives.

However, now that the U.N.’s report has come out, Senior Sri Lankan minister Rajitha Senaratne has stated that the country will implement its own process for addressing the atrocities committed during the war. Mr. Senaratne also said that Sri Lanka is not ready to agree with international inquiries.

Earlier this week, Sri Lanka’s government released plans for a truth and reconciliation commission that will consider war crime allegations. While the court will accept advice from international entities such as the U.N., it will employ a Sri Lankan process to try the war crimes.

The U.N.’s report states that Sri Lanka’s courts lack the necessary credibility to try the war crimes. The U.N. report also highlights the need for Sri Lanka to reform its criminal justice system. Currently, Sri Lanka does not criminalize war crimes, crimes against humanity, or enforced disappearances.

Zeid Ra’ad Al Hussein, the U.N. Commissioner for Human Rights, has stated that only a court made up of international judges and investigators will be able to handle the many alleged war atrocities that occurred during the war.

 

For more information, please see:

Al Jazeera – UN Urges Sri Lanka War Crimes Court – 17 September 2015

BBC – UN Human Rights Council Urges Sri Lanka War Crimes Court – 16 September 2015

New York Times – U.N. Urges Sri Lanka to Establish Court to Investigate War Abuses – 16 September 2015

The Wall Street Journal – U.N. Report Urges Sri Lanka to Set Up War Crimes Tribunal – 16 September 2015