London High Court Blocks Inquiry Into the 1948 Killing of 24 Malaysians

By Karen Diep
Impunity Watch Reporter, Asia

Yesterday, London’s high court thwarted an inquiry into the killings of 24 unarmed Malayan rubber plantation workers in 1948.

Relatives of fallen victims. (Photo Courtesy of The Guardian)

With the support of over 568 Malaysian groups comprised of schools, temples, and professional groups, relatives of the fallen victims requested the court to launch an inquiry into the 1948 killings.  As a result, this past May, London’s High Court heard their case.

According to Reuters, at the time, officials reported the killing as an operation against anti-communist insurgents or supports attempting to escape.  However, in 1970, soldiers formerly involved admitted to a British newspaper that the killings were in fact pre-meditated.  The soldiers were allegedly ordered to cover the truth.

Sir John Thomas, the president of the Queen’s Bench division, and Justice Treacy rejected the government’s argument that treaties in effect at the time, transferred responsibility to Malaysia.  However, the London’s court rejected the claimants’ argument that the government had a legal duty to hold an inquiry; however,  laimants’ counsel, John Halford, anticipates appealing this decision.

“There is evidence that supports a deliberate execution of the 24 civilians at Batang Kali,” read Tuesday’s judgment.  “The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts.  There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago.  Most of the contemporary documents are missing and most of those who were engaged are dead.  Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate.”

“Many of the shameful events at Batang Kali have been firmly established, as has the UK’s ongoing legal responsibility for them,” voiced Mr. Halford.  “If ministers can find the moral courage within themselves to address it, they can do so immediately.  If they fail to act decisively to end the ongoing injustices at the heart of this case, the survivors and families of the Batang Kali massacre will continue to pursue legal action and complete the work this court has begun.”

The Scots Guard beheaded claimant Lim Kok’s father.  “Though the court found the government did not need to hold an inquiry on technical grounds, the fact is that the Scots Guards shot innocent civilians, my father included,” shared Mr. Kok to the Guardian.

Chong Koon Yin’s father Chong Voon suffered the same fate.  “The truth has not been fully revealed.  Without a proper inquiry or a proper acceptance of fault, the government held legally responsible for the killing remains unaccountable.”

For further information, please see:

The Guardian – Relatives lose court case for inquiry in to 1948 Malaya ‘massacre’ – 04 Sept. 2012

The Independent – Judges block 1948 Malaya ‘massacre’ probe – 04 Sept. 2012

Reuters – Britain held responsible for 1948 mass killing in Malaya – 04 Sept. 2012

BBC – British ‘massacre’ in Malaya in 1948 to be reviewed – 08 Sept. 2011

Syrian Network for Human Rights: Lost Cousin in Daraya Massacre

My cousin Mohammed Mustafa Al Abbar from Daraya killed by the Syrian security forces during the horriblemassacre that took place in my home town Daraya on 29 of August.  He was summoned to a security facilities for interrogation, later they released him but after two hours the security took him again, two days later his family found his body in the basement of a one of the building in Daraya.  They executed him like all the families killed in Daraya .

A recent picture of Mohamad Al Abaar, my cousin.

The security forces searched from house to house, looking for adults and young men, among the houses was my apartment in the city.  They destroyed all the furniture, but my family was lucky, the security forces left the city in the first day of the military campaign on Daraya.

I knew Mohammed very well, I remember his smile, he was struggling to provide for his family because he was responsible for his family and three children.  I still can not imagine when I will return to Daraya, hopefully soon, but when I do, he will not be there waiting for me as he used to do .

Daraya, a city of dignity, has paid a heavy price for demanding freedom. Thus far, 633 of Daraya’s sons were martyred and well over 1,755 were detained by regime forces.  Regime forces carried out one of their most barbaric attacks against a city that was made famous for its commitment to nonviolence.  The death toll has doubled in the past few days due to field executions and revenge killings, and includes those martyred in yesterday’s massacre in which well over 300 people were killed, including dozens of women and children. The regime’s military campaign, ongoing for the past 4 days, has resulted in hundreds massacred, dozens detained, and utter destruction throughout the city.

 

Information in this report provided by:

Syrian Network for Human Rights – Lost my Cousin in Daraya Massacre – 1 September 2012

Thousands Gather in Bahrain’s First Authorized Protest Since June

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

MANAMA, Bahrain — Tens of thousands of protesters marched along a three-kilometer stretch of highway west of Manama on Friday.  It was the country’s first authorized protest in over a month since the government  announced a ban on protests in June.  The Interior Ministry said the ban was necessary to “restore order.”

Protesters holding Bahraini flags and posters of Nabeel Rajab marched on a three-kilometer stretch of highway west of Manama. (Photo Courtesy of Russia Today)

Protesters chanted pro-democracy slogans, waved Bahraini flags, and demanded the release of Nabeel Rajab, a prominent human rights activist who was jailed two weeks ago for leading illegal protests.  The Al-Wefak National Islamic Society and other opposition groups led the rally, which bore the slogan, “Liberty and Democracy.”  The opposition parties voiced their demand for the elected parliament to have full powers and the ability to form governments.  It was considered to be a peaceful demonstration, and there were no clashes between government authorities and protesters.

Even though Bahrain is mostly comprised of Shiite Muslims, the country’s government, whose current structure grants King Khalifa considerable power, is Sunni.  Because of this, many Shiites in the country believe they are discriminated against by the ruling Sunni minority.  They feel that their access to government positions and better jobs is restricted.  In response to these complaints, the government has enacted some reforms, yet the opposition remains unsatisfied.

Pro-democracy protests have been ongoing since February 2011. Even when the ban was in place, many unauthorized protests occurred around the country, especially in Shiite villages.  In an interview with Al Jazeera, journalist Reem Khalifa said that since the protests began, “[i]t has never been quiet…especially in the over-populated Shiite areas.  Every day there is tension in various areas around the island.”

The Bahraini government believes that the protests have occurred under the direction of Iran, whose majority of the population is also Shiite.

On Friday, the Bahraini Ministry of Interior released a statement in which the Northern Governorate Police announced that public and private property was violated during the rally.  The statement also claimed that participants chanted illegal political slogans and “that the case will be referred to the competent authorities.”

Joe Stork of Human Rights Watch’s Middle East Division told Al Jazeera that he would give Bahrain a “very bad review,” but that the criticism the country is facing must be “having an impact.”

“It’s also true that some members of the government are very sensitive to their international image.  They’re concerned about their reputation that Bahrain has gotten over the last couple of years as a place that doesn’t tolerate any peaceful dissent,” said Stork from Washington.

For further information, please see:

Russia Today — Thousands Swamp Bahrain Highway in First Legal ‘Freedom and Democracy’ Demo in Weeks — 2 September 2012

Daily News Egypt — First Authorised Protest in Bahrain Gathers Thousands — 1 September 2012

Digital Journal — Op-Ed: Bahrain Demonstrators Call for Democracy and Release of Activist — 1 September 2012

Al Jazeera — Tens of Thousands Join Protest in Bahrain — 31 August 2012