Chinese Court Imposes $2.4 Million Fine on Activist Ai Weiwei

By Irving Feng
Impunity Watch Reporter, Asia

BEIJING, China – A Chinese court upheld the decision to impose a 15 million yuan, roughly $2.4 million, tax fine against Ai Weiwei in an alleged attempt to silence the activist’s dissidence.

Ai Weiwei cruises the streets of Beijing. (Photo Courtesy of BBC)

Ai has experienced a host of troubles with the Chinese government due to his activism including a three month detention last year.  He was held without cause for 81 days, sparking international opposition to his detention because of the implications of a possible human rights violation.

Ai’s latest troubles, the tax fines imposed upon him and his company Beijing Fake Cultural Development Ltd, has gone through several appeals without any relief in sight.  The latest appeal in the Chaoyang District Court was Ai’s last hope to overturn the Beijing tax agency’s tax fine.

Beijing Fake Cultural Development is the company which produces Ai Weiwei’s art and designs.  The Beijing tax agency is alleging that the company owes millions in back taxes, and the tax fine was imposed due to the back taxes and past tax evasion perpetrated by the art firm.  Throughout his five month long battle with the tax agency, Ai has denied all claims of owed back taxes and tax evasion by himself and his company.

Ai alleges that the Chinese legal system is “barbaric and backwater” because they have consistently failed to properly follow basic procedures and repeatedly denied him his legal rights.  The court was required to notify Ai of its ruling in writing three days before the public announcement, but the only notification the court provided was a telephone call to Ai’s wife the day before the ruling was handed down.  Ai also alleges that he has yet to see any of the evidence that supposedly proves his and his company’s guilt.

Ai’s passport was also confiscated during his three month detainment, and it has yet to be returned to him.  The passport was supposedly set to be returned after Ai’s three month detainment in addition to a probationary period which ended in June.  The delay has directly hindered Ai’s ability to work since he is unable to travel outside of the country to attend his exhibitions and other work obligations abroad in Washington, New York, and Berlin.

Ai and his supporters allege that the claims against him are complete fabrications brought by the government due to AI’s role as an outspoken critic of the government in China.  He believes that the government is attempting to quell more of the rising dissidence in the country, using the inherently unfair justice system as its attack dog to silence any opposition.

Ai, however, says that this tax fine will do little to silence him.  He has gotten thousands of donations from supporters to help him pay prior fines and expenses throughout his ordeal with the tax agency.  Ai has also refused to pay the remainder of the tax fine claiming that the actions of the government are disgraceful and, perhaps, a clear violation of the basic rights of citizens.

 

For further information, please see:

BBC – China artist Ai Weiwei court challenge fails – 27 September 2012

The Guardian – Ai Weiwei loses appeal against $2.4m tax fine – 27 September 2012

International Business Times – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Reuters – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Taiwan News – China’s Ai Weiwei loses appeal against tax fine – 27 September 2012

Nigerian Government Gives Saudi Arabia a 24-Hour Ultimatum to Resolve Issue on Detained Female Pilgrims

By Ryan Aliman
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Yesterday, the Nigerian Federal Government told the government of the Kingdom of Saudi Arabia that it had 24 hours to resolve the issue regarding the detention of approximately 900 female Nigerian pilgrims on their way to Makkah.

Female pilgrims detained in Saudi airport. (Photo courtesy of Naijaleaks)

Vice President Namadi Sambo held a meeting with the Saudi Arabian Ambassador to Nigeria, Khaled Abdrabuh, to urge the Saudi government to speed up its decision on the matter so Nigeria will have an idea what actions it will take to help its stranded citizens in the Kingdom.

“Should the Saudi authorities not desire our pilgrims to perform this year’s Hajj, they should let the country know,” said the Vice-President in a press statement issued yesterday. According to him, “caution and flexibility” must be applied by the Saudi government in dealing with the issue of whether or not it will allow the Nigerian female pilgrims’ performance of the Hajj to prevent a dispute between the two countries from arising and more importantly, to prevent these women from being “manhandled”. He said he has received reports that the Nigerian pilgrims were being subjected to dehumanizing treatment in the Kingdom.

It has almost been a week since Saudi authorities held hundreds of female Nigerian pilgrims at the King Abdulaziz Airport in Jeddah. These pilgrilms were heading to Makkah to perform this year’s Hajj, a mandatory pilgrimage for Muslims. However, their journey was cut short by Saudi immigration officers. The pilgrims were barred from leaving the airport on the ground that these women did not have a male relative, otherwise known as Muharram or Mahram, to escort them for the Hajj.

This came as a surprise to the National Hajj Commission of Nigeria.”This is the first time pilgrims have faced the possibility of mass deportation over the male escort issue”, the commission stated. According to the Uba Mana, a spokesman for the Commission, there is an existing agreement between Saudi Arabia and Nigeria that exempts female pilgrims from the male escort requirement. In fact, for the past years, state pilgrimage officials were allowed to stand in place as relatives of the women pilgrims.

The Saudi government has released stricter policies on the Hajj this year, particularly on prohibiting women pilgrims to perform the Hajj alone. There have been reports where the Saudi immigration even stopped women who traveled with their husbands.

Today, the Nigerian Senate has officially condemned the action of the Saudi government describing the issue as “beyond diplomatic”. It has also called on President Goodluck Jonathan to intervene and urge the Saudi government to release the stranded pilgrims.

 

For further information, please see:

The Associated Press – 908 Nigerian female pilgrims held in Saudi Arabia – 27 September 2012

IOL News – Nigerian women stranded in Saudi – 27 September 2012

All Africa – Nigeria: Senate, House – Committee of Ulamas Should Dialogue With Saudis – 27 September 2012

Reuters – Saudi deports 150 female pilgrims, holds 1,000 more, Nigeria says – 27 September 2012

All Africa – Nigeria: FG Gives Saudi Arabia 24 Hrs to Resolve Issue Surrounding Detention – 26 September 2012

Mining Strikes Shift to Truck and Transportation Sector in South Africa

By Heba Girgis
Impunity Watch Reporter, Africa

CAPE TOWN, South Africa—The mining strike from the past several weeks has evolved into violence and destruction being caused by truck drivers east of Johnannesburg. The Police Minister Nathi Mthethwa said that the striking truck drivers who committed the violence would be approached and the situation handled by law enforcement. Mthethwa noted, “We are monitoring the situation and frankly, what we have been observing is pure criminality.”

Mining Strikes Now Shift to Trucking Sector in South Africa. (Photo Courtesy of Business Day Live)

The Union decided to strike since there has been a deadlock in wage negotiations since June of this year.

About 20,000 workers in the freight transport sector have been on strike over their wages since Monday of this week. An extended strike will affect not only the delivery of goods but also the delivery of gasoline and food products. This strike, including the mining strike will likely put a damper on South African’s economy should it continue.

Mthethwa further noted that these acts of violence and intimidation toward innocent people cannot be justified as a form of public protest. The police intend to act harshly against this type of lawless behavior and arrests will be imminent.

The South African Transport and Allied Workers’ Union (Satawu) recently sent delegation to Ekurhuleni today in order to investigate problems being caused by the striking truckers. The police counted three people injured just this morning by the striking truck drivers. Also this morning, a light delivery truck was burned and the group of strikers stoned two trucks on the road.

Yesterday, two other vehicles were set on fire by the strikers in the Western Cape of the country. The Congress of South African Trade Unions spokesman Patrick Craven said today that “the Federation therefore joins Satawu in appealing to the workers on strike to avoid any resort to violence, even when provoked, and to implement Cosatu’s longstanding policy of protesting in a peaceful, lawful and disciplined manner.”

The Unions now demand a 12% increase after already rejecting a lower offer made by the employers on Tuesday. While talks have finished up for the day, no resolution was reached. However, the spokeswoman for the Road Freight Employers’ Association said that “[the Association] has committed [themselves] to being available for further talks. Nothing has been forthcoming thus far and we shall see where we go.”

 

For further information, please see:

Business Day Live – Satawu Sends Delegation to Investigate Violence by Striking Truckers – 27 September 2012

The Washington Post – South Africa Labor Strikes Spread to Transport Sector – 27 September 2012

Associated Press – South Africa Strikes Spread to Transport Sector – 26 September 2012

All Africa – Trucker Violence Condemned – 25 September 2012

 

Investigation into Mexican Politician’s Assassination Questioned

By Mark O’Brien
Impunity Watch Reporter, North America

MEXICO CITY, Mexico — Activists and politicians questioned the probe of a local politician’s assassination this week, calling the lead investigator too biased to do the job.

Activists and politicians question the alleged motive in the killing of state legislator-elect Eduardo Castro Luque. (Photo Courtesy of Hispanically Speaking News)

Members of the Citizen Movement for Water and politicians in the Institutional Revolutionary Party (PRI) cast doubt on the ability of the top prosecutor in the northern border state of Sonora to be objective.

The prosecutor, Carlos Navarro Sugich, has blamed the killing of Eduardo Castro Luque, a state legislator-elect, entirely on Luque’s designated substitute.

“We don’t trust the investigation is taking in consideration all different motives,” said Alberto Vizcarra, a spokesperson for the water group, which has asked federal prosecutors to take over the case.

The group’s members called Luque a strong opponent of a controversial water project that would move billions of gallons of water from the farming city of Ciudad Obregon to the state capital of Hermosillo.  The aqueduct was a focus during Luque’s campaign, and he criticized the state governor for violating judicial orders in building the project.

“You should never rule out motives, especially in the case of a politician,” Vizcarra said.

Luque was shot six times by outside his home by a motorcyclist on Sept. 14, two days before he was expected to take office.  He was a PRI member, the same party of President-elect Enrique Pena Nieto, who takes office in December.

On Monday, state prosecutors announced the killing was staged by Manual Fernandez Felix, who ran with Luque as the person who would fill the legislative seat if Luque could not fulfill his duties.  They said Felix wanted to take over the seat.  Police had questioned Felix but released him, and he is now considered a fugitive.

But PRI members argued the alleged motive does not make sense.  Local PRI Chairman Adrian Manjarrez said Felix had to be persuaded to replace Luque.

“When this all happened, his parents told us they didn’t want him to take office because they were scared something would happen to him, too,” Manjarrez said.

Luque’s death marked the second killing of a PRI legislator in as many weeks.  On Sept. 16, Jaime Serrano Cedillo died from stab wounds that prosecutors said were inflicted by his wife.

Cedillo represented the Mexico City suburb of Nezahualcoytl.  His killing prompted the Mexican government to send more than 1,000 soldiers and police into Nezahualcoytl for the first time as part of an effort to combat a rise in drug violence.

For further information, please see:

Hispanically Speaking News — Mexican Politician Killed by Fellow PRI Member — 25 September 2012

The Washington Post — Water-rights Activists Question Prosecutor Theory on Slaying of Mexican State Legislator-Elect — 25 September 2012

The Huffington Post — Mexican Legislator Killed by Political Rival — 24 September 2012

Hispanically Speaking News — Mexican PRI Lawmaker Stabbed to Death by Wife — 22 September 2012

Reuters — Mexico Deploys Troops to Outskirts of Mexico City — 20 September 2012

Former Tunisian Presidential Advisor of Media Convicted for his Speech

By Justin Dorman
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – This past Friday, the military court in Tunis found former presidential advisor Ayoub Massoudi guilty of “defaming a civil servant” and “undermining the reputation of the army.”

Ayoub Massoudi was found guilty by a military tribunal for his criticisms of two high-ranking army officials. (Photo Courtesy of Amnesty International)

For his remarks, Massoudi was given a DT1 fine. The former presidential advisor of media resigned from his position two days after the extradition of former Libyan Prime Minister Al-Baghdadi al Mahmoudi this past June. On August 15, Massoudi was arrested and charged regarding his public criticism of the extradition.

Tunisian President and Commander-in-Chief Moncef Marzouki never wanted Mahmoudi extradited because he knew Mahmoudi would not get a fair trial in Libya. Despite Marzouki’s opposition, Prime Miniser Hamadi Jebali sent Mahmoudi back to Libya with the help of Rachid Ammar, the Tunisian Armed Forces’ Chief of Staff, and Minister of Defense Abdelkrim Zbidi.

In response to the government’s actions, Massoudi went on the Attounisia television channel and remarked that the extradition was a, “treason against the State” because Ammar and Zibidi “were aware of the extradition, its time, and all of its circumstances…did not utter a word, and did not inform the President who is the Commander-in-Chief.”

He claims his statement was directed specifically at those two officers and did not extend to Tunisia’s military forces in general. Massoudi thus reasoned that his criticism should not violate article 91 of the Military Code.  Massoudi also had some critical words for how the government dealt with the protests in Sidi Bouzid, which he posted on his blog.

Massoudi was not originally notified that charges were being brought against him. He tried to leave the country to visit his family in Paris for the Eid festivities, but was stopped at the Carthage Airport and informed that a travel ban had been imposed on him. Throughout his hearings, Massoudi tried to get it lifted, but he was unsuccessful.

The Deputy Middle East and North Africa Programme Director at Amnesty International, Hassiba Hadj Sahraoui, said that, “Friday’s verdict against Ayoub Massoudi is yet another blow to the right to freedom of expression in Tunisia and should be quashed immediately.”

Sahraoui further believes that Massoudi never had a chance at a fair trial because he was tried by a military tribunal. Since he was a civilian and not a military officer, trying him in front of a military tribunal disregards basic international human rights standards. He also tried attempted to transfer his case to a civil court during his hearings, but his requests were denied.

Eric Goldstein, Human Rights Watch’s deputy Middle East and North Africa director, agreed with Sahraoui.

“The right to subject public officials to scrutiny and criticism is one of the most basic elements of freedom of expression, a hallmark of democracy, and essential to promote debate about matter of public interest,” he said.  “These charges and the laws they are based on, should have no place in a democratic Tunisia that respects human rights.”

According to Human Rights Watch, “the charges brought against Massoudi by the military tribunal violate his right to free expression, protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Tunisia is a party.”   In its 2011 omments regarding Article 19 and the ICCPR, the United Nations Human Rights Committee placed specific emphasis on states not inhibiting expression pertaining to issues of public debate about public figures.

For further information, please see:

Amnesty International – Tunisia: Former Presidential Adviser Convicted for Criticizing the Army – 24 September 2012.

Tunisialive – Court Case Continues Against Former Presidential Adviser for Remarks Against Military – 30 August 2012

Global Voices – Tunisia: Former Presidential Advisor Faces Military Trial Over Army Criticism – 23 August 2012

Human Rights Watch – Tunisia: Drop Charges for Criticizing Army – 22 August 2012

Tunisialive – Former Presidential Adviser Ayoub Massoudi Faces Military Trial Today – 17 August 2012