35 Years after “Killing Fields” Massacre, Two Former Cambodian Leaders Sentenced to Life Imprisonment

By Hojin Choi
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – It took 35 years to make them face justice. An international tribunal sentenced two former leaders of the brutal Cambodian regime, Khmer Rouge, to life in prison. They were found guilty of crimes against humanity, forced transfers, forced disappearances, and attacks against human dignity.

Khmer Rouge, a radical regime of the Communist Party, governed Cambodia from 1975 to 1979. The regime attempted to create an agrarian utopia and abolished religions, schools, and currency to achieve this goal. During the period, the government forced an exodus of millions of its citizens out of towns and cities causing the deaths of nearly 2 million. The leading causes of death included starvation, overwork, and executions. This event, now known as the “Killing Fields,” is detailed by the famous film with the same title.

The two defendants were once in core positions of Khmer Rouge. Khieu Samphan, 83, was the Head of State. Nuon Chea, 88, was the chief ideologist of the regime. Both were the top-level leaders who are now considered accountable for the crimes.

The United Nations supported organizing the international tribunal, and the Cambodians and U.N. formed the court in 2006, known as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC consisted of both Cambodian and international jurists. However, the effectiveness of the ECCC has been criticized for its slow progress as well as the high cost. Before the conviction of Samphan and Chea, it had convicted only one defendant, Kaing Guek Eav, the director of a notorious prison where about 14,000 inmates died. Kaing Guek Eav was also sentenced to life imprisonment. The ECCC has spent $200 million so far.

Amnesty International, the human rights organization, reported the verdict as “an important step towards justice.”

A man who lost his father and three siblings in the Killing Fields reacts to the verdict (REUTERS)

Outside the court room, many survivors and aggrieved families gathered together and cried when the verdict was announced. “It’s important for the young population to learn this lesson so that we can prevent such atrocity from occurring anywhere, not just in Cambodia,” Survivor Youk Chang said. He also said it was “a little too late for many.”

Reportedly, the defendants lawyers are seeking to appeal while the defendants are in detention. Further investigations and trials will continue on Khmer Rouge genocide cases. However, it does not appear as though the ECCC has all the relevant individuals and documents.  For the most part, these resources are too old to be acquired.

Other cases involving Khmer Rouge leaders will remain unresolved. Ieng Sary, the former Foreign Minister of Khmer Rouge, died in 2013 while the case was being prepared. His wife Ieng Thirith, the former Social Affairs Minister, was dismissed from the case due to her health condition. The top leader of Khmer Rouge, Pol Pot, died from a heart attack shortly after being arrested in 1998.

 

For more information, please see;

USA Today – Cambodia tribunal convicts Khmer Rouge leaders – 8 August 2014

BBC – Top Khmer Rouge leaders guilty of crimes against humanity – 7 August 2014

The Phnom Penh Post – ‘I will not go to the court, even if they come to arrest me’ – 9 August 2014

International Business Times – Top Khmer Rouge Leaders Sentenced To Life In Prison For Crimes Against Humanity – 7 August 2014

U.S Secretary of State Urges Myanmar Authorities to Address Human Rights Issues

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States of America – On Saturday, 9 August 2014, U.S Secretary of State John Kerry pressed Myanmar’s political leaders on Washington’s human rights concerns. Kerry, who was in Myanmar’s capital for the ASEAN Regional Forum, met President Thein Sein and urged him to step up constitutional reforms in order to prepare for next years elections.

U.S. Secretary of State John Kerry met with Myanmar President Thein Sein to discuss the democratic reform, human rights issues, and an advancement in Myanmar’s relationship with the United States (Photo Courtesy of Fox News).

Myanmar has struggled with human rights issues, including sectarian violence in Rakhine state, where access to humanitarian aid has been denied to more than 140,000 displaced people, most of whom are Rohingya Muslims. Most people in Myanmar refuse to acknowledge the Rohingya as a group belonging to Myanmar, instead referring to them as “Bengalis,” implying that they are immigrants from Bangladesh and thus not entitled to Myanmar citizenship. The Rohingya are denied most rights that citizens of Myanmar are privy to including freedom of movement and access to health care.

The United States has promised to ease sanctions on Myanmar if the process of democratic reform and respect for human rights advances. U.S officials have acknowledged significant changes in Myanmar since its political transition in 2011 from military rule, however some officials have accused Myanmar authorities of falling short on commitments to protect human rights, including issues such as freedom of press and constitutional reforms.

Kerry reaffirmed American support for the reform process in Myanmar on Saturday. Additionally, he raised issues of concern to Washington. Some of these issues included: the minority Muslim Rohingya community, the designation of the term “Bengali,” the need for changes in the constitution  put in place by a pre-reform military government, the necessity of addressing religious intolerance and press freedoms.

Kerry said that Thein showed no resistance to discussing the issues. Kerry also warned the leaders of Myanmar that a significant improvement in its democratic transition and a solid commitment to improve human rights is required to advance Myanmar’s relations with the United States.

 

 For more information, please see the following: 

ABC NEWS – Kerry Pressed Myanmar on Democratic Reform – 9 August 2014.

FOX NEWS – Kerry Urges Myanmar to Speed Democratic Transition, Halt Rights Backslide – 9 August 2014.

REUTERS – U.S.’s Kerry Pressed Myanmar leaders on Human Rights, Reforms – 9 August 2014.

THE WALL STREET JOURNAL –  U.S. Backs Myanmar Reforms, No Threat to Resume Sanctions – 9 August 2014.

David M. Crane Briefs House Committee on Syria

Institute for National Security and Counterterrorism (INSCT) affiliated faculty member David M. Crane, a professor of practice in the College of Law, testified Thursday, July 31, in front of the U.S. House of Representatives Committee on Foreign Affairs about allegations of torture and war crimes committed by the regime of Syrian President Bashar al-Assad during the ongoing Syrian Civil War.

David Crane

David Crane

Along with Crane, M. Cherif Bassiouni, emeritus professor of law at the DePaul University College of Law and a frequent collaborator with INSCT, and the Hon. Frederic C. Hof, resident senior fellow at the Atlantic House Rafik Hariri Center for the Middle East, addressed the panel as well.

Also testifying was the person responsible for bringing to light more than 50,000 graphic photographs documenting the abuse and systematic killing of as many as 10,000 of Assad’s opponents. The photos were smuggled out of Syria by a Syrian army defector code-named “Caesar.” Now under protection, Caesar spoke to the committee in disguise, and to protect his identity, the briefing was not webcast or televised.

“Over the past three and a half years, the Assad regime has carried out a campaign of unspeakable brutality against the Syrian people, including chemical weapons attacks, mass torture, and mass executions against even peaceful political opposition,” said Rep. Ed Royce (R-CA), who served as chairman for the hearing. “The slaughter’s systematic nature is shocking. At the briefing, committee members listened to, and saw pictures from, the sobering account of a firsthand witness of Assad’s killing machine.”

INSCT is a joint academic research center at the College of Law and Maxwell School of Citizenship and Public Affairs.

For more information, click here.

IHRDC Releases Report on Apostasy in the Islamic Republic of Iran

July 30, 2014

Apostasy_Cover_Thumb_801567951(New Haven) — Today, the Iran Human Rights Documentation Center (IHRDC) released a detailed report, Apostasy in the Islamic Republic of Iran, explaining the jurisprudential as well as the legal context in which apostasy cases are prosecuted in the Islamic Republic of Iran. The report takes an in-depth look at a number of apostasy cases involving a diverse range of defendants, and provides an account of the legal and religious issues raised in each case. A full version of the report is accessible here.

Although apostasy is punishable by death in Iran, the Islamic Republic has never codified the crime of apostasy. Instead, relying on the Iranian Constitution, the Islamic Penal Code authorizes the enforcement of certain Islamic laws known as hodud crimes even when the crime is not specifically mentioned in the criminal code. The fact that apostasy is not explicitly proscribed by the Iranian legal framework, and the differences in interpretations of Islamic law regarding apostasy, contribute to a lack of legal certainty for those living under Iranian laws.

Apostasy in the Islamic Republic of Iran relies on witness interviews, media reports and court documents to demonstrate how Iranian authorities have handled apostasy cases. This report also describes how the Iranian government violates its international obligations with respect to freedom of thought, conscience and religion, as well as the right to life.

“Religious freedom has been a pressing human rights issue in Iran since the founding of the Islamic Republic in 1979. The Iranian government has systematically discriminated against Christian converts, Bahá’ís, Sunni Muslims and others,” said Gissou Nia, the Executive Director of IHRDC. “Apostasy in the Islamic Republic of Iran looks at religious persecution from a different angle and contributes to a better understanding of this topic.”

The Persian translation of the report and full testimonies of witnesses interviewed for the report will be published in upcoming weeks.

For further information, please contact:
Gissou Nia
Executive Director
Iran Human Rights Documentation Center
Email: GNia@iranhrdc.org
Phone: +1 203 654 9342

South Sudan Rebels Skip Out on Peace Talks

By: Danielle L. Cowan (Gwozdz)
Senior Desk Operator, Africa

JUBA, South Sudan – South Sudan rebels have failed to attend the second day of peace talks aimed at ending months of conflict, BBC News reports.

The UN is struggling to cope with the large number of refugees fleeing the fighting (photo courtesy of AFP)

 

Organizers of these talks state that it is unclear why the rebels did not show up.

On Monday, the rebels had appeared and made this appearance with complaints about the continued presence of Ugandan forces in South Sudan.

It is unclear whether these talks are going to continue.

These talks have been part of a long effort by the government to finalize a transition for South Sudan.

The deadline that has been in place for these talks is August 10. By this date, they had hoped to agree on a transitional government and a ceasefire.

They had tried a round of talks in June between President Salva Kiir and rebel leader Riek Machar, but these talks stopped as well.

Instead, another conflict arose in December. President Kiir accused rebel leader Machar of plotting a takeover.

Although Machar denied these accusations, he gathered a rebel army to fight the government.

United States Secretary of State John Kerry stated that Machar “needs to understand the importance of living by the agreements.”

The UN has warned that this country is on the verge of famine.

More than 1.5 million people have been displaced.

Over the last two days, at least six Sudanese aid workers have been killed in violence close to the South Sudan border.

These ethnically targeted attacks have been said by the UN as characteristic violence which has ruined South Sudan.

The murdered aid workers belong to the Nuer ethnic group, BBC News reports.

For more information, please visit:
BBC News – Rebel no-show at South Sudan talks in Ethiopia – 5 August 2014
Africa Time – Rebel no-show at South Sudan talks in Ethiopia – 6 August 2014
Ethiopian Headline News – Rebel no-show at South Sudan talks in Ethiopia – BBC News – 5 August 2014
Africa News – Rebel no-show at South Sudan talks in Ethiopia – BBC News – 6 August 2014