Thailand carries out first executions in six years
The government of Thailand resumed its use of judicial state killing after a six-year hiatus on Monday, when two men were executed by lethal injection at Bang Khwang prison, central Thailand.
Bundit Jaroenwanit, aged 45, and Jirawat Poompreuk, aged 52, were convicted of drug trafficking on 29 March 2001 and subsequently sentenced to death. It has been reported that they were only given 60 minutes’ notice before their executions were carried out.
"As country after country abandons its use of judicial state killing, the resumption of executions in Thailand is a major step backwards," said Donna Guest, Deputy Director of Amnesty International’s Asia Pacific Programme.
Although Thailand continued to hand down death sentences, the authorities did not execute anyone for six years, which the abolitionist movement had welcomed as an encouraging sign from the Asia region.
The last executions in Thailand were carried out in 2003, when four people were executed by lethal injection. These were the first executions by lethal injection, which had replaced execution by shooting in the same year.
In its 2005 Consideration of Thailand’s report, the United Nations Human Rights Committee expressed concern that the death penalty was not restricted to the most serious crimes and was applicable to drug trafficking in Thailand.
Sixteen countries in Asia still have laws that provide for the death penalty for drug-related offences. As many countries in the region do not make information on the death penalty publicly available, it is impossible to calculate exactly how many drug-related death sentences are imposed there.
However, in Indonesia, Malaysia, Singapore and Thailand, reports indicate that a high proportion of death sentences are imposed on those convicted of drug offences.
In the last 10 months, the UN General Assembly has voted overwhelmingly for a moratorium on executions, while Burundi, Togo and the US state of New Mexico have abolished the death penalty. The government of Thailand should follow their example and urgently review its use of the death penalty.
There is no evidence that the death penalty deters crime. The government of Thailand must join the international trend away from capital punishment.
No justice in Timor-Leste ten years after independence vote
A decade after Timor-Leste voted for independence, a culture of impunity continues to haunt the country’s people.
In a new report marking 10 years since the independence vote in Timor-Leste, Amnesty International has called on the UN Security Council to establish an International Criminal tribunal with jurisdiction over all grave human rights violations surrounding Timor-Leste’s 1999 independence referendum and in the previous 24 years of Indonesian occupation.
The report, based on a mission to Timor-Leste in June, outlines how most perpetrators of crimes committed between 1975 and 1999, including those in command at the time, have yet to be prosecuted before a credible, independent and impartial tribunal, either in Indonesia or Timor-Leste.
"Despite national and internationally sponsored justice initiatives, the people of Timor-Leste continue to be denied justice and reparations. In 1999 the Indonesian military with their anti-independence militias, killed more than a thousand Timorese in front of the world but there has not been proper accountability for these atrocities," said Donna Guest, Amnesty International’s Asia-Pacific deputy director.
"Disappointed Timorese victims provided testimonies time and time again to various mechanisms, but they have still not seen significant signs of accountability," said Donna Guest.
While a number of low-level perpetrators have been convicted, most of those suspected of crimes against humanity are still at large in Indonesia.
The Timorese and Indonesian governments have chosen to avoid justice for the victims of grave human rights violations in Timor-Leste by pursuing initiatives such as the joint Indonesia – Timor-Leste Truth and Friendship Commission in 2005, which does not provide for prosecutions of perpetrators.
"The path pursued by these two governments has weakened the rule of law in both countries," said Donna Guest. "The victims need a clear commitment by the Indonesian and Timor-Leste governments and the United Nations to investigate all allegations and bring to justice those responsible for the grave human rights violations committed between 1975 and 1999."
The UN Security Council, which had previously been a vocal proponent of justice for victims of the 1999 violence, has failed in recent years to follow up on its commitments to the Timorese people. Amnesty International urges the UN Security Council to put in place a long-term comprehensive plan to end impunity for these crimes, including establishing an international criminal tribunal with jurisdiction over all crimes committed in Timor-Leste under Indonesian occupation, between 1975 and 1999.
Background
On 30 August 1999, the Timorese people voted overwhelmingly in favour of independence. At least 1,200 people died in the lead-up to the polls and its aftermath, which were marred by crimes against humanity and other serious human rights violations at the hands of pro-Indonesian militias backed by the Indonesian military.
They included unlawful killings, enforced disappearances, sexual violence, arbitrary arrests, and threats and intimidation of Timorese people. These abuses have been well documented by human rights organizations and expert bodies, in particular the 2,800 page ‘Chega!’ report by the Commission for Reception, Truth and Reconciliation (CAVR).
Among the justice initiatives put in place since 1999 are the ad hoc Human Rights Court established by Indonesia and the UN Special Panels in Timor- Leste. All 18 defendants originally tried for crimes committed in Timor-Leste during 1999 by the ad hoc Human Rights Court have been acquitted in proceedings criticized as being fundamentally flawed. In Timor-Leste only one person convicted by the UN Special Panels is still serving a prison sentence.
Sri Lanka: Execution Video Shows Need for International Inquiry
(New York) – A disturbing video recently provided to the media showing the apparent summary execution of prisoners by Sri Lankan soldiers underscores the need for an international commission of inquiry into possible war crimes committed by both sides during the armed conflict in Sri Lanka, Human Rights Watch said today.
Death row prisoners freed in Nigeria
One of Nigeria’s most influential states has taken an important step towards abolition of the death penalty by pardoning and releasing three condemned prisoners. A further 37 death row inmates in Lagos state had their sentences commuted, including 29 who will now face life imprisonment.
"This is a step forward for human rights in Lagos," said Aster van Kregten, Amnesty International’s Nigeria researcher.
"The state governor has removed the spectre of death hanging over his fellow citizens. Amnesty International welcomes this major step forward in the protection of human rights and commends the governor for showing human rights leadership on this issue. We encourage others to follow his example.
"We also hope the leaders of Lagos State will follow this bold move by declaring a moratorium on executions and ultimately abolishing the death penalty for all crimes. This is Lagos State’s opportunity to lead Nigeria away from the death penalty via their example."
Lagos State Governor Babatunde Fashola said he had granted the amnesty on "humanitarian grounds". He added that he wanted to give the prisoners "hope of changing their behaviours and [being] rehabilitated into society".
While no death row prisoner from Lagos state has been executed for over ten years, death sentences continue to be imposed. The state will review its Criminal Code later this year.
In recent years, capital punishment has frequently been the subject of political debate in Nigeria. More than 2,600 death sentences were carried out under military governments between 1970 and 1999, most of which were passed by Robbery and Firearms Tribunals. After the military regime ended and power was handed over to a civilian government in May 1999, the number of executions of death row prisoners dropped.
Two expert groups set up by former president Obasanjo – the National Study Group on Death Penalty (2004) and the Presidential Commission on Reform of the Administration of Justice (2007) – recommended a moratorium on executions.
In 2008, at least 40 people were sentenced to death in Nigeria and approximately 735 people were on death row, including 11 women. Hundreds of those did not have a fair trial.
Currently, 139 countries have abolished the death penalty in law or in practice. Africa is largely free of executions, with only two of the 53 African Union member states known to have carried out executions in 2008.
Photographic evidence shows the cruelty of caning In Malaysia
The Malaysian government should extend the reprieve from caning granted to Kartika Sari Dewi Shukarno indefinitely after Ramadan and use this as an opportunity to abolish the punishment, Amnesty International said on Tuesday. More than 35,000 people have been caned in Malaysia since 2002.
Recent photographic evidence of the physical scars left after detainees have been caned obtained by Amnesty International, demonstrate the level of injury inflicted by this form of punishment. The photos show the damage and scarring that just two caning strokes continue to cause months after the actual punishment has been executed.
“These images show the harsh reality of this punishment. Tens of thousands of people in Malaysia have been subjected to this cruel form of punishment without any attention from inside or outside the country. Now that the issue of caning has come on the public agenda, it’s time for the Malaysian government to act immediately to get rid of caning altogether,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.
In July, an Amnesty International delegation travelled to Malaysia and were granted access to three detention facilities south of Kuala Lumpur, where they were able to photograph detainees who said that they had been caned whilst serving their sentences in prison.
Caning is mostly used as punishment for migrant labourers for immigration offences. Immigrants who are convicted of illegal entry are normally caned up to three times, although the country’s Immigration Act allows for them to be caned up to six times.
In June 2009 the Malaysian government announced that they had sentenced 47,914 migrants to be caned for immigration offences since amendments to its Immigration Act came into force in 2002.
Amnesty International has called on the government of Malaysia to repeal all laws that allow caning and other forms of corporal punishment.
“The outcry surrounding Kartika’s case highlights the need for the Malaysian government to stop the practice of caning altogether,” Sam Zarifi said.
Honduras: Rights Report Shows Need for Increased International Pressure
(Washington, DC) – The finding by the Inter-American Commission on Human Rights of widespread abuses in Honduras should compel the international community to take firm action, such as targeted sanctions, to resolve the country’s ongoing crisis, Human Rights Watch said today.
Displaced civilians in Philippines still at risk despite Mindanao ceasefire
More than 200,000 civilians in central Mindanao are still vulnerable to abuses despite the recent ceasefire between the Philippine army and the insurgent Moro Islamic Liberation Front (MILF), warned Amnesty International in a new report published on Tuesday.
The report, Philippines: Shattered lives, beyond the 2008 – 2009 Mindanao armed conflict, details the risks that hundreds of thousands of people face as they are forced to live in camps or makeshift shelters, sometimes surrounded by a heavy military presence. Many of the displaced are still unable to return to their homes following the implementation of a ceasefire on 29 July 2009.
"The vulnerability and uncertainty which civilians in central Mindanao face makes it imperative that the government and the MILF put human rights at the top of their agenda during future peace talks," said Donna Guest, Amnesty International’s Asia Pacific Deputy Director.
The report, based on an Amnesty International mission to Mindanao and detailed field updates,
highlights the desperate conditions of civilians living in crowded camps with limited access to food and livelihoods. The report also provides information about human rights abuses by both the army and the MILF against villagers in Maguindanao province, central Mindanao.
In one such case, during January 2009 a large group of soldiers entered Ungap village, Sultan Kudarat Municipality and arrested 10 men there. The soldiers forced their way into houses, pointing their guns and destroying villagers’ belongings. One villager told Amnesty International that the detained men, including her husband, were later given electric shocks; nine were released but her husband remains in detention. According to another family member, his interrogators questioned him over a 10-week period while administering electric shocks and beating him.
Many displaced people told Amnesty International that they were forced to risk their lives and return to their former homes to retrieve belongings and tend their crops in order to survive. Other testimonies provided details about arbitrary arrests and severe beatings of civilians at the hands of the Philippine army, the MILF, or local militias.
"Decades of conflict have inflicted scars on the civilians, who continue to live in fear, not knowing what tomorrow holds," said Donna Guest. "The recent ceasefire agreement has raised their hopes, so the burden is now on the government and the MILF to demonstrate that they are sincere in prioritizing the well-being of the local population."
"The government of the Philippines is obliged under international law to ensure that displaced people are protected and have proper access to adequate food, water and medical assistance." said Donna Guest.
Amnesty International has called on both the Philippine authorities and the MILF to ensure the safety and well-being of all civilians. The organization said that where there are credible allegations of human rights abuses, the government should launch a swift and impartial investigation into the allegations and make the findings public. The MILF should cooperate with the government in facilitating such investigations.
Amnesty International also said that the government should implement, in cooperation with the displaced persons, a plan for the safe and voluntary return to their villages, including the provision of adequate food, housing and livelihoods upon resettlement.
Conflict in Mindanao between the Philippine army and the MILF intensified in August 2008 after a temporary restraining order on the Memorandum of Agreement on Ancestral Domain (MOA-AD) was issued by the Supreme Court. The document had been designed to pave the way to peace, by expanding the Autonomous Region in Muslim Mindanao.
In October the Court ruled that the MOA-AD was unconstitutional. Fighting continued sporadically until a ceasefire agreement was reached in July 2009. Over 700,000 people in total were displaced during the year long conflict.
In the early 1970s a full-scale armed conflict erupted between the Philippine government and the Moro National Liberation Front (MNLF). In 1978 the MILF broke away from the MNLF, with which the government subsequently signed a peace agreement in 1996. Fighting broke out intermittently between the army and the MILF, as attempts at peace negotiations also continued.
In the Malaysian capital of Kuala Lumpur on 20 July 2009, the Philippine government and the MILF agreed to suspend military operations and work to establish a protection mechanism for civilians. Further talks between the two parties have yet to resume.
China: Advocates Freed, Restrictions on Civil Society Remain
(New York) – The release of three leading Chinese civil society advocates shows that the Chinese government can be responsive to domestic and international human rights concerns, Human Rights Watch said today. The advocates – Xu Zhiyong, Zhuang Lu, and Ilham Tohti – had been arrested in recent weeks in Beijing.
Malaysia postpones caning of woman for Ramadan
Authorities in Malaysia on Monday postponed the caning of a Muslim woman convicted of drinking alcohol in public, until the end of the Islamic holy month of Ramadan.
Welcoming the temporary reprieve, Amnesty International called on the Malaysian government to stop using the penalty of caning altogether.
“This case highlights the epidemic of caning and flogging going on in Malaysia,” said Sam Zarifi, Amnesty International’s Asia-Pacific director. “Since 2002, more than 35,000 people have been caned or flogged, most of them irregular migrants.”
Kartika Sari Devvi Shukarno was to be remanded at the Kajang women’s prison in the state of Pahang from Monday, where she was to be caned within seven days.
According to media reports, she was being driven from her father’s house to the prison, when the van she was in turned around and brought her back.
Authorities in Pahang said the delay would run until the month of fasting ends. Monday was the third day of Ramadan.
Kartika Sari Devvi Shukarno, 32, was sentenced to six strokes of the cane for drinking beer in a hotel bar in December 2007. She was also fined RM5,000 (approximately US$ 1,400) by a court administering Islamic Shariah law in the Malaysian state of Pahang after she pleaded guilty to the offence.
She has not appealed against her sentence. If the caning goes ahead she will be the first woman in Malaysia to be punished in such a way.
In June 2009, the Malaysian government announced that they had sentenced 47,914 migrants to be caned for immigration offences since amendments to its Immigration Act came into force in 2002. At least 34,923 migrants have so far been caned between 2002 and 2008, according to the country’s prison department records.
Amnesty International called for the government to repeal all laws providing for caning and all other forms of corporal punishment.
“Caning is a form of cruel, inhuman and degrading punishment and is prohibited under international human rights law,” said Sam Zarifi. “The Malaysian government should do all it can to stop this inhumane punishment being used in any circumstance.”
Caning is currently used as a supplementary punishment for at least 40 crimes in Malaysia, but this is the first time it has been used against anyone found guilty of violating the country’s religious laws. The Shariah law applies only to Muslims, who make up 60 percent of the country’s 28 million population.
US: CIA Report Shows Need for Investigation of Torture and Abuse
(New York) – The CIA inspector general’s long-suppressed report on Bush-era interrogation practices shows the need for a full criminal investigation into post-9/11 detainee abuse, Human Rights Watch said today. The release of the CIA report comes as Attorney General Eric Holder announced a preliminary review of post-9/11 interrogation abuses.