Nephew of Chinese Activist Chen Guangcheng Faces Criminal Charges

By Irving Feng
Impunity Watch Reporter, Asia

BEIJING, China – Nephew of blind Chinese activist, Chen Guangcheng, faces charges of intentional infliction of injury after being detained for five months without any communication with friends, family or legal counsel.

Chen Guangcheng (Left) and his brother (Right), father of Chen Kegui. (Photo courtesy of The Daily Beast)

Chen Kegui was taken into custody shortly after his uncle, Chen Guangcheng, escaped an alleged illegal house arrest and fled to the United States back in April.  Chen Guangcheng, was under house arrest at his farm house, evaded dozens of armed guards, hidden cameras and other security measures during his miraculous escape.  He made his way to the American Embassy in Beijing and eventually to the United States.

Chen Guangcheng had been in prison for four years prior to his 19 month house arrest stint for openly protesting China’s family planning policies involving forced sterilizations and forced late term abortions.  Chen was imprisoned for inciting social unrest, disrupting traffic and causing property damage.  His escape was seen as a great embarrassment to the Chinese government.

Shortly after his escape, plain clothes police officers entered the home of Chen’s nephew, Chen Kegui, and beat him and his family.  The policemen scaled the wall and beat Chen Kegui in the courtyard of his Shangdong home.  When Chen Kegui grabbed a knife from the kitchen in order to defend himself and his family, three of the attackers were allegedly injured by his defensive actions.

The family alleges that it was impossible to tell that the attackers were in fact local police.  They did not wear any uniforms, did not announce their identity, and intruded the home without any proper documentation such as a search warrant.  Chen Kegui was hauled away by the police and initially charged with intentional homicide.

Chen Kegui was allegedly beaten and interrogated for several days after the abduction regarding the whereabouts and escape of his uncle.  The family has not seen their son since the incident at their Shangdong home.  They have only received a formal notification of the arrest from the police and the possible charges against Chen Kegui.

Although the charges have since been dropped down from intentional homicide to intentional infliction of injury against the policemen who abducted Chen Kegui, Jerome Cohen, an expert on Chinese law at the New York University School of Law, believes there is a high likelihood of conviction.

Given the high profile nature of the case and the possible connection to Chen Guangcheng’s escape and embarrassment suffered by the Chinese government, the outcome of the case may have already been decided by local party officials.  The formal proceedings such as the indictment and trial may be just a charade to fabricate some semblance of a fair and just legal system.

For further information, please see:

The Daily Beast – Chinese Dissident Chen Guangcheng’s Nephew Faces Assault Charges – 13 October 2012

The New York Times – Charges Likely for Chinese Activist’s Nephew – 13 October 2012

Radio Free Asia – Chen’s Nephew Faces New Charges – 13 October 2012

Reuters – Blind Chinese activist says nephew could face unfair trial – 13 October 2012

Islamic Militant Group Al-Shabaab Tweets Ban on Islamic Relief Aid

By Ryan Aliman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Somali rebel group Al-Shabaab has banned foreign aid agency Islamic Relief from providing aid to territories under its control.

Harakat Al-Shabaab Al Mujahideen Press Office (HSM Press), Al-Shabaab’s official Twitter account. (Photo courtesy of The Daily Mail)

In a statement posted on Al-Shabaab’s official Twitter account, the Somali-based cell of Al-Qaeda gave the following reason for the ban: “Islamic Relief has repeatedly failed, despite the persistent warnings, to comply with the operational guidelines.” It accused Islamic Relief of “covertly extending the operations of banned organisations, particularly WFP.”

The World Food Programme (WFP) and other United Nations organizations were denied access to Al-Shabaab controlled areas two years ago by the rebel group. Al-Shabaab also forced out the International Committee of the Red Cross, along with 16 other aid agencies from Southern Somalia, earlier this year. According to Al-Shabaab authorities, these “western charities” allegedly exaggerated the scale of drought in Somalia and passed such inaccurate information to foreign agencies.

Al-Shabaab’s tweet came as a surprise to  Islamic Relief who has been providing aid to Somalia since 1996. Islamic Relief found it unusual for Al-Shabaab to issue such a ban without notifying the aid agency beforehand. The UK-based aid agency says it has yet to be officially informed of the decision. “Normally, al-Shabaab will talk to you first, then they will show their dissatisfaction,” said Iftikhar Ahmad Shaheen, regional director for east Africa at Islamic Relief. “We didn’t hear anything from them whatsoever for the past month… The staff [in Somalia] didn’t know anything.”

Shaheen also denied being funded by and conniving with the WFP. “I can testify that to the best of my knowledge, for the past five to six years, Islamic Relief has never worked with WFP in Somalia,” Shaheen told the press last week.

Islamic Relief is currently working on an appeal to Al-Shabaab to withdraw the ban. Shaheen noted that if the prohibition will not be lifted, “it could put many lives at risk, jeopardising our work providing food, water, sanitation, healthcare and support for income generation to 1.3 million people in Somalia.”

Two weeks ago, another aid agency, Oxfam, issued warnings that “water and food shortages are at critical levels” across the country with conditions “likely to deteriorate in parts of the country over the coming months.” It reported that southern Somalia – especially parts of the Gedo region, Lower Juba and Bakool – remains in crisis.

A severe drought hit Somalia last year that affected nearly 12 million people and caused several areas in the country to be declared as famine zones. The 2011 drought is recorded as one of the worst droughts to affect east Africa.

 

For further information, please see:

AFP – Somali rebels ban aid group Islamic Relief – 09 October 2012

Al Jazeera – Al-Shabab bans Islamic Relief aid group – 08 October 2012

BBC News – Somalia’s al-Shabab militants ban Islamic Relief aid – 08 October 2012

The Guardian – Somalia facing aid shortfall after al-Shabaab bans Islamic Relief – 08 October 2012

The Daily Mail – Terrorists on Twitter: Islamic extremists al-Shabaab launch micro-blogging account (… and guest what, they follow no-one!) – 9 December 2011

 

Amnesty International Reports Surge in Evictions

By Karen Diep
Impunity Watch Reporter, Asia

BEIJING, China – On Thursday, Amnesty International released a report entitled Standing Their Ground which stated that large stimulus expenditures after the global financial crisis are responsible for a spike in evictions over the past three years in China.

Graffiti reads that the tenants are victims of eviction. (Photo Courtesy of The Guardian)

According to Aljazeera, hasty construction surges primarily caused the increase in people being forcibly removed from their homes.  This was especially evident in years 2008 and 2010, during which China hosted the Olympics in Beijing and World Expo in Shanghai.

Though citizens are able to purchase and sell land rights which last for 70 years, the Chinese government legally owns all land.  As a result of recent property disputes, violence and instability reign.

Amnesty International’s 85-page report, assembled between February 2010 and January 2012, asserts that violence against residents has resulted in imprisonment, self-immolations, and death.

“The problem of forced evictions represents the single most significant source of popular discontent in China and a serious threat to social and political stability,” read the report.

According to Amnesty, nine of forty forced evictions resulted in the deaths of people resisting eviction.  A 70-year-old woman was allegedly buried alive by an excavator as she attempted to prevent workers from demolishing her home.  In another incident, authorities purportedly took a baby from its mother and refused to return it until she signed an eviction order.

“Potentially, millions of people in the country are at risk of these illegal forced evictions and indeed protests about forced evictions are the single biggest issue of populist discontent in the country,” said Amnesty’s senior director of research, Nicola Duckworth.  “So it’s a huge issue; it’s been going on for many, many years. We feel it’s rising in scale now and it’s really time to put an end to it,” continued Ms. Duckworth.

In response, the government stated that Amnesty’s report lacks credibility.

Last year, the government implemented regulations forbidding the use of violence in urban evictions.  It further granted urban owners confronting eviction new protections such as the right to air complaints in public hearings, file appeals, and collect suitable compensation.

Nevertheless, these recent regulations neither apply to people in rural areas or renters.

For more information, please see:

Los Angles Times – Forced eviction on the rise in China, Amnesty International says – 12 October 2012

Aljazeera – Report says forced evictions rise in China – 11 October 2012

The Guardian – Chinese forced eviction on the rise, says Amnesty – 11 October 2012

Pardons, Protests, and Impeachment in Egypt

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt – In Egypt, every step President Mohammed Morsi takes towards rectifying a past injustice is accompanied by another step, of his own, in the opposite direction. Morsi recently issued a general amnesty decree that pardoned all political protesters who have been imprisoned since January 2011.

President Mohamed Morsi recently pardoned thousands of previously detained protesters. (Photo Courtesy of Amnesty International)

The pardon mainly affects those who were detained for “supporting the revolution” between January 25, 2011 and June 30, 3012, when Morsi began his presidency. Such individuals were mainly civilians who were tried in military courts on charges of possession of weapons, violating curfew, damaging property, and even “thuggery.”  Although this decree frees many detainees, it does not extend to everyone.

It does not cover any individual who has been convicted of murder. While such an exception seems reasonable on its face, it still holds serious implications on the right of an Egyptian to have a fair trial. Approximately 1,100 civilians will remain in jail after being found guilty of charges like murder, rape, theft, embezzlement, and use of force with weapons in military courts.

“Military courts cannot be used to try any civilians and those imprisoned after military trials must be referred for re-trial before the ordinary judiciary or released,” said Amnesty International’s Deputy Director of the Middle East and North Africa Programme, Hassiba Hadj.  “Equality before the law means that all Egyptians have the right to a fair trial regardless of the nature of the accusations.”

Amnesty International urged Morsi to take further steps in fighting impunity. Though Morsi created a committee to investigate the killings of protesters under Hosni Mubarak and the Supreme Council of Armed Forces (SCAF), little of any substance has resulted from this review. Only three soldiers were convicted of manslaughter when dozens of Coptic Christians were killed in last year’s Maspero protests, and only one member of the riot police is being tried for death and injury to protesters.

What President Morsi is actively trying to do is replace Attorney General Abdel-Meguid Mahmoud, regardless of the removal violating Egyptian law. The Attorney General is supposed to be insulated from political pressures, so his removal is prohibited unless he consents to it. Despite this, Morsi has appointed Mahmoud as the country’s ambassador to the Vatican and named Abdul Aziz the new Attorney General. This action came days after Mahmoud, a Mubarak appointee, failed at obtaining judgment against twenty-four members of the Mubarak regime for their connection with the “Battle of Camel.”

Yesterday, Morsi supporters congregated in Cairo’s Tahrir Square to protest these acquittals. Similarly, anti-Morsi protesters went to Tahrir Square to demonstrate against the Muslim Brotherhood’s monopolization of Egypt’s new constitution. The anti-Morsi activists were the first to the square but were kicked out because of their chants. Eventually, they came back in greater numbers, but were then surrounded when more Morsi supporters showed up. After the two factions chanted at each other for hours, violence inevitably broke out.

“They trapped us from both sides after attacking our stage where we were chanting,” claimed Ibrahim El-Sheikhh, an anti-Morsi protester. “As they beat me, they chanted Allahu Akbar [God is Great] and said they’d kidnap me, but I managed to escape. This is the Muslim Brotherhood.”

Additionally, it was reported that stones and Molotov cocktails were thrown as the opposing protesters clashed in Tahrir Square.

For further information, please see:

Alazma – Decision to Sack the Attorney General Spark a Conflict Between Judges and Mercy . . Hundreds of Judges Calling for “Public” to Refuse Emergency Impeachment .. The News Confirmed the Appointment of Abdul Aziz in Office – 12 October 2012

Guardian – Tahrir Square Clashes pit Mohmaed Morsi Supporters Against Opponents – 12 October 2012

Al Jazeera – Egypt’s Morsi Pardons ‘Revolutionaries’ – 9 October 2012

Amnesty International – Egypt: President Must go Beyond Decree and Carry out Greater Human Rights Reform – 9 October 2012

Sonia Gandhi Speaks Out Against Rape

By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – On Tuesday, Sonia Gandhi, president of India’s ruling Congress party, denounced the increase in rape victims.  Ms. Gandhi visited the home of a 16 year-old victim who had recently committed suicide.

Gandhi speaks to the media. (Photo Courtesy of NY Daily News)

“We will take strict action against the offenders,” promised Ms. Gandhi during her visit.  “Such barbaric acts are condemnable . . . [and] rapists should be given the severest punishment.”

According to New York Daily News, Ms. Gandhi, who is considered the most powerful politician in India, travelled to the girl’s village in the Haryana state to meet the victim’s relatives and relay the government’s outrage over the surge in such crimes.

“Now I am hopeful justice will be done,” said the victim’s mother after meeting Ms. Gandhi.

Last week, the victim burned herself to death after being gang-raped by men in the Jind district just 80 miles from New Delhi.  Furthermore, according to media reports, authorities have arrested five men, one of which was a police officer.

Over the last seven years, rape cases in the Haryana state have doubled.  Moreover, this past September, there were 12 purported rapes, and according to BBC, most of these victims were underage Dalits (formerly known as “untouchables”).

A member of Ms. Gandhi’s party, Phool Chanda Mulana, stated, “[S]uch incidents have happened earlier.”

On September 18th, a man committed suicide by swallowing pesticides in the Hisar district after he learned that 12 men gang-raped his underage daughter.  Furthermore, on October 1st, a man allegedly raped a 15 year-old Dalit girl with learning disabilities in the Rohtak district.  Within the same area and just two days after, a 13-year-old girl was purportedly raped by her 45-year-old neighbor.

In response, Haryana’s police chief, Ranjiv Dalal, asked the media to “exercise restraint” while reporting these attacks.  Mr. Dalal further stated that from January to August, the number of rape cases in the state had decreased to 455 rapes this year compared to 534 the same time last year.

“The nature of the crime created hype in the number of rape cases registered in Haryana,” said Hisar district’s Police Superintendent, Satish Balan.  “In two cases there were suicides which led to media coverage of rapes in Haryana otherwise the number of rapes registered has come down by 15%. This is the truth.”

Four U.N. agencies urged the Indian government to give the issue urgent attention in a letter to the country’s minister for Women and Child Development.

For further information, please see:

CNN – Indian girl seeks justice after gang rape – 12 October 2012

The International News – Sonia speaks out against rape cases – 10 October 2012

BBC – Sonia Gandhi visits Haryana rape victim family – 09 October 2012

NY Daily News – India’s Sonia Gandhi speaks out over rape cases – 09 October 2012