Human Rights Violation in Asia

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WEEK 32 MYANMAR: Request to intervene on complaint of severe torture by police|NEPAL: Young women tortured:
WEEKLY ROUND - UP


Both this week's focus story and focus appeal concern the endemic use of torture within Asia. To combat this gross violation of human rights we need a combination of stronger laws, better education and training for both army and police forces throughout the region. We also need a strong independent judiciary to enforce the law and challenge the culture of impunity that protects many of the perpetrators of torture. The message needs to be clear - torture will no longer be tolerated and those guilty of torture will be punished to the full extent of the law.

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FOCUS STORY

MYANMAR: Request to intervene on complaint of severe torture by police:

(AHRC OPEN LETTER) To the UN Special Rapporteur on Torture:

The Asian Human Rights Commission (AHRC) is writing to you further to our previous open letter concerning the extensive use of torture by police in criminal cases in Myanmar. The AHRC has continued to receive numerous detailed reports of torture committed to persons in police custody in Myanmar, ranging across all types of cases and with victims of all ages and both sexes. Recently, we received the details of a complaint of very serious torture that has been lodged with the Minister for Home Affairs, who oversees the police force. To date the complaint has not been acted upon. As the details of the complaint have already been publicized in detail in media broadcasts, we are taking the opportunity to bring it to your attention and to call for your intervention.

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FOCUS APPEAL

A young woman is tortured under interrogation at the Dolakha District Police Office:

Ms. Mahima Kusule - torture victim:(AHRC URGENT APPEALS) The AHRC has learned that a woman in her twenties - Ms. Mahima Kusule - was illegally arrested, strung up in a police station and badly beaten for a number of hours after she refused to wrongly identify persons in a theft investigation. Dolakha district police have since charged her with the crime, and she is suffering from the physical and psychological consequences of torture. Her case must be urgently investigated so that any charges against her are conducted according to the law, and she is protected from further harm. The officers involved must be suspended from duty and anyone proven to be responsible for her illegal arrest and torture must be held legally accountable. There is still no law criminalizing the use of torture in Nepal and police officers continue to u se it with impunity.

To support this appeal please click here:

For further case details and legal information see our website:

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BANGLADESH

Extremely poor elderly are denied their right to life with dignity, deprived of food and health security in Gaibandha district:

(AHRC URGENT APPEALS) The AHRC has received further information regarding the elderly suffering from food and health insecurity in Northern Bangladesh, which was initially reported in case (AHRC-HAG-002-2010). Four elderly have been denied their right to adequate food and health care, despite being eligible to receive benefits from the social security programs aiming to ensure food and health security in Bangladesh. All are landless, suffer from a range of health problems, and have no fixed source of income. They are reduced to begging because of the lack of the necessary funds to secure relief cards. It is alleged that corruption is involved because there is evidence that relief cards are only allocated to those who pay sufficient bribes to the officials.

To support this appeal please click here:

For further case details and legal information see our website:

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BURMA

Conviction by press conference - the case of Phyo Wai Aung:

(AHRC URGENT APPEALS) The AHRC previously issued a statement on the case of Phyo Wai Aung, whom the authorities in Burma have blamed for an attack on a festival in April. In this appeal we bring you the details of his case and the charges that have now been brought against him. His trial is ongoing.

To support this appeal please click here:

For further case details and legal information see our website:

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CAMBODIA

Facing Sen's Autocracy: Democrats Hang Together or Hang Separately:

(AHRC ARTICE) American civil rights icon Martin Luther King said, "The function of education is to teach one to think intensively and to think critically." A man’s thinking is comprised of both a creative component and a critical one. Through creativity he imagines and produces. Through critical evaluation, he assesses the outcomes. King also said, "Nothing pains some people more than having to think." "It's Angkar, Stupid!" Last month, Cambodian premier Hun Sen's autocratic regime decided that two general reading textbooks, in question-answer format, used by students across Cambodia since 2006, are critical of him and his ruling Cambodian People's Party: They must be removed from circulation immediately.

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INDIA

A democracy that fights stones with bullets:

(AHRC STATEMENT) Thinking about tragedies, especially manmade ones, is a subversive process bursting with its inherent dangers. It makes one go numb, outrages the self and at times fills one with the disgusting and incapacitating feeling of losing the humaneness itself, of becoming more and more incapable of having any control over one’s own lives.

And if just thinking about tragedies makes one this sick, can we even imagine the plight of those undergoing it. That is where the discussions on Kashmir get stuck. The issue in Kashmir is not only about insurgency, secessionism, separation, freedom movement or whatever else one may term it. There is a human aspect of the crisis, much more important than the abstract meaning carried out by academic sounding jargons.

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INDIA: Independence August 15th 1947:

(AHRC FORWARDED STATEMENT) Sri Aurobindo was requested by the All India Radio, Trichinopoly, to give a message for India's independence. This is the message which was broadcast from the All India Radio on the 14th of August 1947:

August 15th, 1947 is the birthday of free India. It marks for her the end of an old era, the beginning of a new age. But we can also make it by our life and acts as a free nation an important date in a new age opening for the whole world, for the political, social, cultural and spiritual future of humanity.

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A man's life is at risk and his fate is unknown after his illegal arrest by the army in Manipur:

(AHRC URGENT APPEALS) The AHRC has received detailed information regarding the illegal arrest and abduction of Mr. Leimakhujam Kokulo Singh by army personnel at a check point in Imphal. Kokulo was seen being driven into an infantry camp, in the same complex as a police station. However, the army has denied it is holding Kokulo. His relatives have been obstructed from speaking to senior army and police officers about this case. They fear that Kokulo will become the victim of a fake encounter killing. A high level investigation into his whereabouts must be launched immediately.

To support this appeal please click here:

For further case details and legal information see our website:

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NEPAL

The Nepalese Army has given absolution to one of Maina Sunuwar's murderers:

(AHRC STATEMENT) The Nepal Army announced on 14 July that an internal inquiry had found Major Basnet 'innocent' of the torturing to death of Maina Sunuwar. The details of the enforced disappearance, torture and killing of this 15-year-old girl while in army custody triggered the indignation of the Nepalese civil society and the international community. The continuous struggle by her parents to know the truth about the fate of their daughter and to get justice has therefore received overwhelming support. In spite of this continuous pressure, the Nepal Army is still resisting attempts to introduce accountability within its ranks and the civilian justice institutions have so far failed to make the Army abide by its rulings.

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Progress stalled in the investigation of Arjun Lama's disappearance:

(AHRC URGENT APPEALS - UPDATE) The AHRC wishes to draw your attention on the necessity to continue and increase pressure to see that the perpetrators of Arjun Bahadur Lama's abduction and murder are held accountable for their actions. Arjun Bahadur Lama was abducted on 29 April 2005 by cadres of the Communist Party of Nepal (Maoists) in Kavre District and it was later found that he had been killed. Due to the persistence of his wife with the support of Advocacy Forum, the Supreme Court of Nepal ordered that a formal complaint should be filed against the six Maoist cadres allegedly involved in his murder.

To support this appeal please click here:

For further case details and legal information see our website:

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PAKISTAN

Negligence of the authorities exposes the lives of millions to peril:

(AHRC STATEMENT) The negligence of the authorities and improper mechanisms to deal with natural disasters has put the lives of millions of people in peril after the heavy rains in Pakistan. As a result the lives of the people have been drastically affected with the destruction and loss of vast areas of agriculture lands. More than 1,600 people have been killed by the flood waters that swept away over 400,000 houses throughout the country. Around 5000 villages were inundated and thousands of people are stranded with no hope of relief from the authorities.

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The Flooding - Serious efforts are needed by the authorities to restore the trust of the people and the international community:

(AHRC STATEMENT) It is reported in the Pakistani media that intentional breaches were made in the protective embankments at Ghospur and Thorhee bands, Sukkur district, Sindh province in order to protect the agriculture lands of President Mr. Asif Ali Zardari Mr. Qaim Ali Shah, the chief minister of Sindh province, Mr. Khursheed Shah, the federal minister and other powerful person in the coalition government. The breaches have affected the urban population of Sukkur district and its adjoining areas where many places remain submerged.

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Christians observe black day:

(AHRC FORWARDED STATEMENT) From Pakistan Christian Post:

20 million Pakistani Christians and Pakistani Christian Diaspora in Europe and Canada observed “Black Day” on August 11, 2010, with organizing rallies, protests and prayer gathering demanding repeal of blasphemy law and to stop killing of innocent Christians in Pakistan.

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PHILIPPINES

Police made traumatized torture victim withdraw his complaint:

(AHRC URGENT APPEALS) The AHRC has received updated information that the policemen responsible for investigating the complaint of a torture victim Anuar Hasim, forced him sign a document withdrawing his complaint. The victim - who is suffering trauma from his ordeal - is apparently frightened by the presence of policemen. He was asked to sign the document in the absence of his legal counsel. Also, the doctor who signed the medical certificate declaring him physically fit for remand in jail did not examine him properly.

To support this appeal please click here:

For further case details and legal information see our website:

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SRI LANKA

Bar Association should ensure speedy passing of a law on contempt of court:

(AHRC STATEMENT) The fear of arbitrary use of contempt of court charges has a negative effect on legal profession and legal process. Twice United Nations Human Rights Committee (UNHRC)has commented on this issue relating to two complaints from Sri Lanka. Government of Sri Lanka has failed to comply with recommendation of the UNHRC. GOSL has failed to take steps to prevent future occurrences of similar violations.

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Speedy Passing of a Law on Contempt of Court in Sri Lanka:

(AHRC STATEMENT) A YouTube Presentation:

The role of the court cannot be fulfilled unless they win the confidence of the people. The courts, as an institution must win the love and the admiration of the people. This love and admiration is based on its capacity to create the willingness of the people to come before it. It is the people that come before the courts that create opportunities for the courts to do justice. That beautiful word, 'justice' loses its meaning when it is associated with fear. It is only those policemen who torture people or those politicians that are corrupt, or the underworld figures and others who live by unscrupulously breaking the law that should fear the courts. The ordinary citizen, particularly the poor and humble people need to come to court with a sense of confidence that here is our last resort. They must believe that intelligence resides among those who adjudicate on them. They should believe that the highest principles of ethics and the highest principles of ethics and compassion exist and that they can trust and that they can trust that the outcome is always right and just.

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The state of denial and the descent to silliness:

Minister ties civil servant to a tree:(AHRC STATEMENT) For several decades now the Sri Lankan people have been exposed to extraordinary acts of separation, large scale forced disappearances, extrajudicial killings, torture, illegal arrest and detention. This and large scale displacement of people from their homes by way of internal displacement or by leaving the country altogether and the disappearance of even elementary forms of protection available to people within the legal and social sphere are among the many issues that have caused massive forms of trauma in the population as a whole.

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Moral dilemmas involved in the Sakvithi incident:

(AHRC STATEMENT) After the arrest of Sakvithi many persons from the more affluent sections of Sri Lankan society are demanding the money which they have invested in his illegal business. This raises many issues regarding the relationship between the Sri Lankan middle class and the crisis of rule of law.

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Attack on mass media continues:

(AHRC FORWARDED STATEMENT) From the South Asia Forum for Human Rights (SAFHK):

In Sri Lanka, the war against "terrorism" was over in May 2009 yet, Sri Lanka’s defence expenditure continues to rise at an astronomical rate. A host of repressive legislations are still in place and the humiliatingly discriminatory practice of registering Tamils has resumed – in the name of security. And yet, deputy ministers tie public officials to trees in the West; mysterious attackers bulldoze temples and dispossess Sinhala villagers in the East, to make way for tourist hotels and displaced Northern Tamils returning to their ancestral lands are expelled, to build cantonments. Behind a façade of democracy, impunity is ravaging post-war Sri Lanka.

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The decision of the Military Tribunal against General Fonseka ugly but not surprising:

(AHRC STATEMENT) A military tribunal made its decision against General Fonseka finding him guilty of the charge of being engaged in politics while in military service. The Tribunal made the decision without respect to due process and the principles of fair trial.The handpicked 'judges' were previous subordinates of the general who had been subjected to disciplinary action by him so were quite obviously biased and unable to make a fair judgement. Objection on the basis of bias was made but was rejected by the Tribunal. Furthermore the Tribunal refused to grant the request of lawyers for the accused to have the trial on dates convenient to them. The Tribunal hurriedly pronounced the pre-planned decision and in doing so made no attempt to appear fair.

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An appeal to the women’s movement against inhuman treatment of a young woman on religious grounds:

(AHRC STATEMENT) This is a narrative of the husband of the victim, a 17 year old woman with a two month old child, who was subjected to the horrible experience of being beaten about 100 times with the hard centre stem from a coconut frond in the presence of the committee members of the mosque situated in Gokarella in the district of Kurunagalle. This woman had given a birth to a child as a result of an extra marital relationship. She has since married and has been living peacefully.

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Right to truth - the Prageeth Eknaligoda case:

(AHRC STATEMENT) As Prageeth Eknaligoda remains a matter of concern the principles of international law relating to the right to truth is a relevant issue. We have reproduced (see below) the General Comment on the Right to the Truth in Relation to Enforced Disappearances of the Working Group on Enforced or Involuntary Disappearance.The right to the truth — sometimes called the right to know the truth — in relation to human rights violations is now widely recognized in international law. This is witnessed by the numerous acknowledgements of its existence as an autonomous right at the international level, and through State practice at the national level. The right to the truth is applicable not only to enforced disappearances. However, this general comment is concerned solely with enforced disappearances in the context of the Declaration on the Protection of All Persons from Enforced Disappearance.



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The Right to Know the Fate of Relatives:

(AHRC STATEMENT) The Right to Know the Fate of Relatives

What was the fate of Prageeth Eknaligoda?

What Prageeth Eknaligoda’s wife and children are asking is this very elementary right:

The Right to Know the Fate of Relatives

Is there anyone in Sri Lanka who will not want this right for themselves?

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ASIA FOCUS

SRI LANKA: Women's views on prevention of torture - Interview 37:

Ms. Chandralatha Fernando - a 48 year old teacher from Dekinda, Nawalapitiya, talks about bad policing:

What do you think of the policing system of your country? Is it good? Or do you think it should be different?

Certainly I am frustrated at the Sri Lankan police and there are several reasons for that. For an example: one day there was a dispute among two small students in our school. Finally one child pushed the other on a stair case and he fell. As a result the victim child got a fracture near the joint of the right hand. Then as I was the class teacher for the both children, I had gone and make a complaint to the police station following the instructions of the principle. Immediately I went to the police, made a complaint and I admitted the child to the hospital while informing the child’s parent of the incident.

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NEPAL: Women's views on prevention of torture- Interview 39:

DURGA SOB - CHAIRPERSON OF THE FEMINIST DALIT ORGANISATIONDurga Sob is a prominent Dalit women's advocate and the chairperson of the Feminist Dalit Organization (FEDO). She speaks against torture and bad policing in Nepal:

How is the relationship between the citizens and the police in Nepal?

The relationship between the citizens and the police is not good. The police are supposed to act for the security of the state and the citizens, but it is not able to maintain a close relationship with the citizens. The police and citizens should share the relationship of a finger and a nail, but it is not like that. The government was not facilitating the development of a close relationship between the two. Because of the 10-year-long conflict our country just came out of, the behaviour of the police is not good enough. The citizens were worst hit by the attitude and the behaviour of the police. The situation was so bad that people used to shake in fear when they saw police officers even though they have not done anything wrong. And seeing the police torture and the cases such as the rape case of Suntali Dhami, the Bardiya Killing case, and the Sanu Sunar case; it is almost certain that the police administration, instead of safeguarding and providing securit y to the citizens, are rather the promoters of impunity in the country. We also shall not forget that although the trend is slowly changing the police is still in the grip of and working under the direction of an handful of powerful people; which is quite the opposite of their mandate. The existing structure of the police administration needs to be turned into a more democratic one.

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SRI LANKA: Women's views on prevention of torture - Interview 38:

A retired Woman Police Constable (WPC) (58) who does not wish to be named served the Police Department of Sri Lanka for 28 years in different areas like Kegalle, Kandy, Matale, Serunuara and Kanthale. She considers herself fortunate to have worked under 4 DIGs, 5 SSPs, 6SPs, 10 ASPs and 15 Headquarters Inspectors. She expressed these views regarding the policing system in Sri Lanka:

What do you think of the policing system of your country? Is it good? Or do you think it should be different?

Considering my own experience I feel presently that the Sri Lankan police system has become a seriously inefficient institution. The officers in service also suffer severe depression most of the time and this can be seen very much among the lower ranking officers. They are the officers who are supposed to carry out their duties with perfection. The facilities granted to these officers are inadequate. For example: although we are suppose to work only an eight out shift it is usually extended for up to 12 hours most of the time. This is due to the heavy work load and the lack of the officers in the service. Under this kind of situation it is usual for the officers to get deep frustrations and mental traumas. At the same time an additional allowance is not allocated to these officers. We are not allowed to communicate with higher ranking officers regarding these situations and make any claims for relief. The senior officers in the service treat the lower ranks w ithout any sense of humanity or kindness. Most of the times they treat us like slaves.

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WORLD ISSUES

Climate justice and human rights:

(AHRC STATEMENT) There are times when children are wiser than the adults. We live in such a time. Today's children know more about the problems of climate as a man-made problem. They worry about it, talk about it and feel sad about it. They are wiser than the earlier generations. They are learning the folly of those ideas of progress, of development for which nature was sacrificed. They are beginning to see the way man became the enemy of the environment and is destroying the very climate that sustains human life.

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