UK Parliamentarians Table a Motion on Safety of Journalists in Somalia

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UK Parliamentarians Table a Motion on Safety of Journalists in Somalia

MOGADISHU, Somalia, January 26, 2012/African Press Organization (APO)/ — The National Union of Somali Journalists (NUSOJ) welcomes the decision of United Kingdom Parliamentarians to formally table a motion on safety of journalists in Somalia at House of Commons.

The National Union of Journalists of Great Britain and Ireland (NUJ) in close cooperation with its sister union in Somalia, NUSOJ, lobbied British MPs to submit this motion which was tabled on 24 January 2012.

The motion reads:

That this House is concerned about the ongoing threats to, and arrests and killing of journalists in Somalia; condemns the mass arrest of journalists without charge in Somaliland; believes that these arrests are an attempt to intimidate journalists into not covering news stories critical of the governing authorities; is appalled at the killing of journalist Abdisalan Sheik Hassan, who was shot dead on 18 December 2011; equally condemns the killing of journalists Farah Hasan Sahel, Noramfaizul Mohd Nor and Abdiaziz Ahmed Aden, who were killed in 2011; supports the efforts of the National Union of Somali Journalists and its members who perform a crucial role in reporting in Somalia against a background of violence and intimidation for carrying out their jobs; and urges the Foreign and Commonwealth Office to raise the issues of organised and continuing threats against journalists in Somalia as a matter of urgency with the Transitional Federal Government of Somalia.

“We hail the tabling of this important motion which highlight the sustained and systematic risks that Somali journalists face,” said Omar Faruk Osman, NUSOJ Secretary General.

NUSOJ commends the five MPs that tabled the motion who are playing instrumental role. NUSOJ is glad its cooperation with the NUJ has resulted in such submission.

SOURCE 

National Union of Somali Journalists (NUSOJ)

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Ethiopian blogger risks death penalty as judge confirms charges

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Ethiopian blogger risks death penalty as judge confirms charges

NEW YORK, January 26, 2012/African Press Organization (APO)/ — Jailed Ethiopian dissident blogger Eskinder Nega will stand trial in March for all of the terrorism accusations initially advanced by prosecutors, a federal high court judge ruled yesterday, local sources said. If convicted on all charges, he could face the death penalty.

Judge Endeshaw Adane of the third criminal bench of the Lideta Federal High Court in the capital Addis Ababa reviewed evidence presented by government prosecutors yesterday and confirmed all six charges against Eskinder. His trial will begin March 5.

Five other journalists, all in exile and to be tried in absentia, initially faced the same terrorism charges. At yesterday’s hearing, the judge confirmed all six charges for two of those accused and dismissed all but one charge against three others.

“This ruling is an affront to justice and underscores that these are politicized charges used by the government to intimidate journalists and chill news-gathering activities,” said CPJ Africa Advocacy Coordinator Mohamed Keita. “We call for all terrorism charges to be dropped as they are baseless, and for Eskinder to be released immediately”

The two journalists besides Eskinder who still face all six charges are exiled editors of opposition broadcasters: Abebe Belew of the U.S.-based Internet radio Addis Dimts and Fasil Yenealem of the Netherlands-based ESAT, according to CPJ sources and news reports.

Three other exiled editors — Abebe Gellawof the U.S.-based Addis Voice and Mesfin Negash and Abiye Teklemariam of U.S.-based Addis Neger Online — will be tried in absentia under a single terrorism charge each, according to local sources.

Ethiopia’s antiterrorism law criminalizes reporting or publication of information the government deems favorable to groups designated as terrorists, which include opposition movements such as Ginbot 7 and the separatists of the Ogaden National Liberation Front. The government’s application of the law against journalists and dissidents has been criticized by the United Nations and the U.S. State Department.

The charges against the journalists are based on accusations of “disseminating terrorist ideas” to Ethiopians such as through ESAT TV, radio, Internet and Web chat forums such as Paltalk. The Addis Neger Online editors are accused of “lending professional support for terrorism,” by “allowing terrorist organizations such as Ginbot 7, Oromo Liberation Front, and Ogaden National Liberation Front to express their terrorist ideas and promote their agendas on their online publication,” according to a translation of the original charge sheet.

Other charges are based on accusations of recruiting young people to membership of the groups designated as terrorist, and on treason and spying for Ethiopia’s arch foe, Eritrea.

Earlier this month, three other local journalists were convicted of terrorism charges — one in absentia — and they could face the death penalty, news reports said. Their sentencing is expected tomorrow. In addition, two Swedish journalists were sentenced in late December to 11-year jail terms after being convicted of supporting terrorism and entering Ethiopia illegally.

In Africa, only Eritrea jails more journalists than Ethiopia, according to CPJ research.

SOURCE 

Committee to Protect Journalists (CPJ)

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Press conference of Adv. Bience Gawanas, Commissioner of social affairs of the AU

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Press conference of Adv. Bience Gawanas, Commissioner of social affairs of the AU

ADDIS ABABA, Ethiopia, January 26, 2012/African Press Organization (APO)/ — Advocate Bience Gawanas, Commissioner for Social Affairs of the African Union (AU), will on Thursday 26 January 2012 at 15:00 hold a press conference at the Media Center of the AU Conference Center in Addis Ababa, Ethiopia.

During the press conference to be held on the sidelines of the 18th AU Summit, Adv. Gawanas will address the following issues:

–    Persons with disabilities ;

–    African Sports Architecture;

–    Aids Watch Africa;

–    CARMMA campaign;

–    African cultural renaissance;

–    Children welfare ;

–    Human Trafficking

Journalists are invited to take part in the press conference.

SOURCE 

African Union Commission (AUC)

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Ugandan photojournalist shot at from police van

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Ugandan photojournalist shot at from police van

NEW YORK, January 26, 2012/African Press Organization (APO)/ — Ugandan authorities must hold to account members of security forces who fired Tuesday on a photojournalist covering their attack on the motorcade of opposition leader Kizza Besigye, the Committee to Protect Journalists said today.

Isaac Kasamani, a photojournalist with the independent Daily Monitor, said men in plainclothes shot at him from a blue police van some 10 meters away as he kneeled to take a photo of an exploding tear gas canister thrown by the agents, according to his account of the incident published in the paper today. Kasamani said the police van bore the license registration UP128 and was following Besigye’s motorcade after a peaceful opposition rally in Namungoona, a suburb of the capital Kampala. The operatives, numbering eight or nine, drove off immediately after shooting.

“It is deeply disturbing that our colleague Isaac Kasamani should come under fire from a police van while reporting on the actions of Ugandan security operatives,” said CPJ Africa Advocacy Coordinator Mohamed Keita. “We demand a thorough investigation into the shooting. Authorities must ensure that journalists can report without intimidation by security forces.”

Ugandan security forces have been severely curtailing the movements of Besigye as the government of President Yoweri Museveni cracks down on protests against inflation, according to news reports. Besigye has been the subject of repeated arrests and beatings, including a particularly brutal arrest in April 2011 that led to his medical evacuation to Kenya. Museveni has vilified journalists covering the security crackdown, and security forces have attacked journalists reporting on opposition demonstrations, according to CPJ research.

This month, police spokesman Asuman Mugenyi denied allegations by Besigye that some members of the security forces were consuming banned substances while charging protesters, Daily Monitor reported.

The Foreign Correspondents’ Association of Uganda (FCAU), of which Kasamani is a member on account of his contributions to Agence France-Presse, released a statement condemning the shooting and calling for an investigation.

“The bullet missed me narrowly as I was in motion, bending. I was startled by the incident since I was only doing my work,” Kasamani wrote.

In November, the U.S. State Department released a statement condemning Ugandan security forces over reports of heavy-handed and brutal tactics, extrajudicial arrests, and killings. Last month, the Ugandan government pledged to the U.N. Human Rights Council to “mainstream human rights issues in the training curriculum of security agencies,” according to a December 2011 report.

SOURCE 

Committee to Protect Journalists (CPJ)

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Central African Republic editor jailed in politicized case

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Central African Republic editor jailed in politicized case

NEW YORK, January 26, 2012/African Press Organization (APO)/ — The Committee to Protect Journalists calls on authorities in the Central African Republic to immediately release a newspaper editor imprisoned since January 16 and to drop a politicized prosecution that stems from the paper’s critical coverage of a presidential relative who also serves as the government’s finance minister.

Police arrested Ferdinand Samba, top editor of the private daily Le Démocrate, at the paper’s offices in Bangui, defense lawyer Nicolas Tiangaye told CPJ. Samba was charged three days later with incitement to hatred, defamation, and insult based on a complaint filed by Sylvain Ndoutingaï, finance minister and nephew of President François Bozizé, over a series of columns published between September and November 2011, Tiangaye said. The opinion pieces, written by Samba, criticized Ndoutingaï’s management of public finances and reported allegations of abuse of power and embezzlement, Le Démocrate Editor-in-Chief Brice Oundagnon told CPJ.

The public prosecutor is seeking a one-year prison term, 50 million CFA franc (US$97,000) in damages, and a six-month suspension of the newspaper, Tiangaye said.

The requested prison term contravenes the country’s 2005 press law, which abolished imprisonment for alleged press offenses, according to Tiangaye and the country’s newspaper publisher association. Samba, originally jailed at the Central Office for Repression of Banditry, has been transferred to Bangui’s central prison, where he is to be held pending trial.

Tiangaye told CPJ that the damages and suspension are aimed at silencing a newspaper that has reported critically about a senior government official.

“The imprisonment of Ferdinand Samba is a glaring affront to the Central African Republic press law, which abolished the jailing of journalists,” said CPJ Africa Advocacy Coordinator Mohamed Keita. “We call on authorities to release Samba immediately and end a politicized case launched by an influential public figure to shield himself from legitimate scrutiny.”

Several local groups have denounced the politicized prosecution. The Media Observatory of Central African Republic (known by its French acronym OMCA) and the Group of Publishers of the Private Independent Central African Press (known by its French acronym GEPPIC) were among those to condemn Samba’s arrest, according to news reports. The country’s private newspapers staged a news blackout on January 19 and 20 to protest the imprisonment.

SOURCE 

Committee to Protect Journalists (CPJ)

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INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

William Nicholas Gomes
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Dear President of Indonesia,

INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

Name of victims: Melianus Wantik, Edo Doga, Markus Walilo, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel, and Saulus Logo
Names of alleged perpetrators: Seven commanding officers of the Kurulu military sub-district command (danramil Kurulu)
Date of incident: 2 November 2011
Place of incident: Umpagalo village, Kurulu sub-district, Jayawijaya, Papua

I am writing to voice my deep concern regarding the arbitrary arrest and torture conducted by seven officers of the Kurulu military sub-district command (danramil Kurulu) against 12 civilians at Umpagalo village, between 11pm to 3am.

I have learnt that a Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).

I wish to point out that after the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies.

The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.

I also learnt that the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases, I have noted that military trials, which are not open to the public, only sentence the perpetrators to a light punishment, such as transfer, which is inadequate given the seriousness of the human rights violations committed.

Therefore, I urge TNI jointly with Komnas HAM to send an independent investigation team to transparently resolve this case, including ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians.
Yours sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Arrest and judicial harassment of Mr. Temogen Sahipa Tulawie

William Nicholas Gomes
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January 19, 2012

Hon. Loretta Ann P. Rosales,

Chairperson,

Commission on Human Rights,

SAAC Bldg., UP Complex,

Commonwealth Avenue, Diliman, Quezon City,

Philippines.

Fax: +632 929 0102.

Email: [email protected] , [email protected];

Re: Arrest and judicial harassment of Mr. Temogen Sahipa Tulawie

Dear Chairperson Commission on Human Rights,

I have been informed by the Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH).  I request your urgent intervention in the following situation in The Philippines.

According to the information received, on January 13, 2012, at about 11:45 in the evening, Mr. Temogen Sahipa Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Regional Intelligence Group from Region 11 based in Davao City. He was then taken to Talomo police station for police blotter and to Davao Regional Hospital for medical check-up, before being taken to Camp Catitipan, Davao City, at the office of the Intelligence division for proper documentation. He was subsequently brought to Davao City Police Office in Camp Domingo Leonor, Davao City.

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009 (See background information).

On January 16, 2012, Mr. Tulawie was presented to the Regional Trial Court (RTC) of Davao City, where a letter from the Executive and Presiding Judge of Jolo, Sulu RTC Branch 3 (Judge Betlee-Ian Barraquias) to the Executive Judge of Davao City was read, ordering the transfer of Mr. Tulawie back to Jolo within 48 hours, in contravention to a Supreme Court Order dated June 13, 2011 and granting the motion he filed for transfer of venue to the RTC of Davao City (See background information).

On January 17, 2012 in the afternoon, Mr. Tulawie was flown by the law enforcers to Zamboanga City and detained at the Criminal Investigation and Detection Group (CIDG)-Region 9. On the same day, the Office of the Court Administrator (Supreme Court) sent an order for immediate action stating that “said order of Judge Barraquias is contrary to the Resolution dated June 13, 2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order. As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated 13 June 2011 of the Third Division of the Supreme Court cannot be implemented”.

As of issuing this Urgent Appeal, Mr. Tulawie remained detained at Davao City Police Office in Camp Domingo Leonor.

Background information:

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009. The charges relate to a bombing incident that happened in the municipality of Patikul, Sulu, on May 13, 2009, wounding twelve persons, including Governor Abdusakur Tan of the province of Sulu. The evidence and warrant of arrest against him was based on forced confessions of two of the accused which they later recanted[1].

Mr. Tulawie was forced to hide due to fears that he would not be accorded a fair trial.

However, at the time of his arrest, he was planning to voluntarily give himself and face the charges against him after the Supreme Court, on June 13, 2011, granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City. He argued that there were reasons to believe that he would not be afforded with impartiality if his case was to be tried in the RTC of Jolo. In its decision, the Supreme Court considered that “there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses” and that “there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.

Actions requested:

I urge you to  guarantee, in all circumstances, the physical and psychological integrity of Mr. Temogen Sahipa Tulawie as well as of all human rights defenders in The Philippines;

Please take proper  initiative to  release Mr. Temogen Sahipa Tulawie immediately and unconditionally since his detention is arbitrary as it seems to only aim at sanctioning his human rights activities;

I also urge to put an end to all acts of harassment, including at the judicial level, against Mr. Temogen Sahipa Tulawie as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out their work without hindrances;

Please suggest the government to comply with all the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,

its Article 6.a, which states that “everyone has the right individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,

Article 12.1, which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”,

and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Please guide the government to guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by the Philippines.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Open letter to the Prime Minister of Cambodia on the forced eviction and arbitrary detention of Borei Keila residents

William Nicholas Gomes
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January 24, 2012

H.E. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister Council of Ministers Phnom Penh, Kingdom of Cambodia

Via facsimile: +855 23 360-666

Re: Borei Keila forced eviction and arbitrary detention of 22 women and 6 children

Dear Prime Minister,

I, the undersigned, write to you to express our very serious concerns regarding the forced eviction of the Borei Keila community in Phnom Penh and the arbitrary detention on January 11, 2012, of 22 women and six children while peacefully protesting their eviction. Police and Daun Penh district security guards conducted the arrests on January 11 in front of the Phnom Penh Municipality building where protesters had gathered to demand a halt to the evictions and the release of fellow protesters arrested on January 3.

Prior to these arrests, on January 3, workers from the Phan Imex company destroyed the homes of around 300 families living in Borei Keila. State security forces that were present used tear gas and rubber bullets against the residents, and both sides threw rocks, sticks, and bottles. More than 64 people were reportedly injured. The authorities arrested at least eight of the residents, one of whom was released on bail on January 18 while seven remain in detention. These eight residents, including two children, have all been charged under both article 218 (“intentional acts of violence with aggravating circumstances”) and article 504 (“obstruction of public officials with aggravating circumstances”) of the Cambodian penal code.

Borei Keila has been the home to a large poor urban community for many years. The Cambodian government designated the area as a “social land concession” in 2003, sharing land with Phan Imex, which promised to build housing for the poor. However, it has been reported that the Phan Imex owner wrote to you in April 2010 requesting permission to be relieved of the obligation to build two of the ten buildings promised for the community. Many of the 300 families have been protesting against the company and local authority since then.

The authorities have relocated most of those evicted on January 3 to two remote resettlement sites, Tuol Sambo, on the outskirts of Phnom Penh, and Srah Po, also known as Phnom Bat, in Kandal province. Many are now living in makeshift tents, without access to electricity, sanitation or clean drinking water, schools, and employment opportunities. At least 30 families with people living with HIV/AIDS are among those evicted. The precarious situation facing these homeless families reflects a serious failure by the Cambodian government to fulfill its international legal obligations to respect the right to an adequate standard of living, including adequate housing, as recognized under the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Cambodia has ratified.

As a state party to the ICESCR, Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected, adequate notice and information on the proposed eviction, and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

In 2009, the Committee on Economic, Social and Cultural Rights, the United Nations body charged with monitoring the implementation of the ICESCR, expressed its serious concerns at the increasing scale of forced evictions in Cambodia and made the following recommendation:

The Committee strongly recommends that the State party, as a matter of priority, undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects and to ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation that complies with the guidelines adopted by the Committee in its general comment No. 7 (1997) on forced evictions and guarantee that relocation sites are provided with basic services including drinking water, electricity, washing and sanitation, as well as adequate facilities including schools, health care centres and transportation at the time the resettlement takes place.

The 22 women and six children arrested during a peaceful protest on January 11 were arbitrarily detained at Prey Speu Social Affairs Center in Phnom Penh without access to their families, legal counsel, and medical care. In the past, Prey Speu has been used by the authorities to arbitrarily detain homeless people, drug users, and sex workers rounded up from the streets. Detainees there have been subjected to abuses including suspicious deaths, rape, torture, and beatings. Several of the women detainees told us that Phan Imex representatives had sought to intimidate them and told them that they would only be released if they agreed to sign or thumbprint documents to accept land in Tuol Sambo or Srah Po. Three women were released on January 16 and another woman on January 17, all after agreeing to sign a contract to accept land in Srah Po. On January 18, the remaining women and children climbed the fences around the center and escaped from Prey Speu during a visit to the facility by two opposition parliamentarians and the media.

I respectfully call on the Cambodian government to:

- cease and refrain from all forms of intimidation, including arbitrary detention, against those forcibly evicted from the Borei Keila community;
- initiate a full and independent investigation into the arrest of the 22 women and six children on January 11 and their subsequent arbitrary detention at Prey Speu Social Affairs Center;
- release the seven Borei Keila residents still detained since the January 3 incident, pending further investigation;
- ensure that Phan Imex company is held to its original undertaking to build housing for all persons evicted from the Borei Keila community;
- ensure that all those forcibly evicted are provided with adequate compensation and suitable alternative accommodation that meets international standards for adequate housing;
- initiate a full and independent investigation into the Borei Keila forced eviction, examining why the eviction took place, the apparent use of excessive force by security forces, and the use of prolonged detention to coerce “agreement” to forced relocation;
- ensure that all members of the security forces found responsible for using or ordering the excessive use of force are held accountable in fair proceedings; and
- end all forced evictions and introduce a moratorium on mass evictions in Cambodia until a legal framework and relevant policies are in place to ensure that evictions are conducted only in accordance with Cambodia’s international human rights obligations.

I have been monitoring the human rights situation in Cambodia for many years and have witnessed the tragic loss of homes and livelihoods of countless Cambodians, and the enormous social costs of forced evictions. As the chair of the Association of Southeast Asian Nations (ASEAN) for 2012, Cambodia should abide by its legal obligation to promote and protect human rights and fundamental freedoms under the ASEAN Charter and end the practice of forced evictions that is a blot on the country’s reputation internationally.

When the ASEAN Secretary-General Dr. Surin Pitsuwan visited Cambodia in December last year, King Norodom Sihamoni advised him that “beyond achieving material progress, it is important to develop a peaceful and sustainable region.” Failure to fully address forced evictions and related widespread human rights abuses not only violates Cambodia’s international obligations, it also risks undermining social stability and economic development.

Thank you for taking into consideration our concerns and recommendations.

Sincerely yours,

William Nicholas Gomes

William’s Desk

wwww.williamgomes.org

Cc:
H.E. Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation
H.E. Sar Kheng, Deputy Prime Minister and Minister of Interior
H.E. Ith Sam Heng, Ministry of Social Affairs, Veteran and Youth Rehabilitation
H.E. Om Yentieng, President, Cambodian Human Rights Committee, and current Chair, ASEAN Inter-Government Commission on Human Rights (AICHR)

SRI LANKA: An innocent youth persecuted for over six years by the Teldeniya police

William Nicholas Gomes
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0

Dear Mr. N K Illangakoon,

SRI LANKA: An innocent youth persecuted for over six years by the Teldeniya police

Name of the victim: Mr. Muttiah Chandra Mohan (36) of No: 01/B, Ambakotte, Kengalle in the Kandy District
Alleged perpetrator: Police officers attached to the Teldeniya and TID Colombo
Date of incident: 6 April 2008
Place of incident: Terrorist Investigation Department

I am writing to express my serious concern over the case of Mr. Muttiah Chandra Mohan (36). Chandra Mohan is a driver by profession, married and the father of two daughters. He resides with his family at No: 01/B, Ambakotte, Kengalle in the Kandy District.

During July 2006, there was a clash between the policemen from the Teldeniya Police Station and a youth of Ambakotte. At that time the policemen came to the village in plain clothes and beat several young people indiscriminately. As the officers were in plain clothes and did not identify themselves as police officers the young men retaliated and beat them in return. Chandra Mohan was arrested along with some others in this connection and was remanded for 8 months at Bogambara Remand Prison. He was later released on bail and the case is still proceeding (after six years) in the Kandy Magistrate’s Court. As a condition of bail Chandra Mohan was ordered by the court to report to the Teldeniya Police Station on every first Sunday of the month.

On the 6 April 2008, when he was returning from the Teldeniya Police, (after reporting) Chandra Mohan was arrested by the Colombo Terrorist Investigation Department (TID) officers at his house at Ambakotte. He was detained at Gurudeniya in a house for 4 days. He was handcuffed and during the day he was blindfolded. Chandra Mohan was inhumanly tortured during those four days. He was kicked, hung, stripped naked and beaten and later taken to the Colombo TID office where he was detained for 10 months. From the TID office he was transferred to Boossa, where the terrorist suspects are detained without having been charged. He was detained there until October 2009.

Chandra Mohan was finally produced in the Magistrate’s Court of Colombo on the 10 October, 2009 and was remanded in Colombo Remand Prison (CRP) as a terror suspect under Remand No. 5820. His case No: is B/3122 EER 25/2011.

Since 2008 Chandra Mohan has never been given the reason for his arrest. In January 2012 the Attorney General’s Department filled an indictment accusing him of participating in terrorist activities. His High Court case will be called at the Kandy High Court.

Chandra Mohan and his family feel that it is a revenge taken by the police for the incident that happened in 2006 at Ambakotte that he was arrested again tortured and accused.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

PAKISTAN: The former Ambassador to the United States faces death threats

William Nicholas Gomes
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Dear President of Pakistan,

I am writing to voice my deep concern regarding life security of Mr. Hussain Haqqani, former Ambassador to the United States of America.

I am shocked to know that Mr. Haqqani is facing threats to his life by the state intelligence agencies and fundamentalist groups, who have good support from the security establishment. Mr. Haqqani has expressed his concerns about the threats to his life to the London Telegraph and pointed out he would be assassinated like the former governor of Punjab province and a former federal minister on minority affairs.

The former Ambassador has been provided temporary shelter in Prime Minister’s House but government has failed to provide him protection from the state intelligence agencies and their cronies, the Muslim armed groups which are operating openly their nefarious designs by killing high profile personalities.

I was also informed that the case against Haqqani follows an ominous trend in Pakistan. The assassinations of Punjab Governor Salmaan Taseer, Minister for Minority Affairs Shahbaz Bhatti, and journalist Syed Saleem Shahzad this past year have created a culture of intimidation and fear that is stifling efforts to promote a more tolerant and democratic society. Significant segments of the Pakistani media have already judged Haqqani to be guilty of treason, which could inspire religious extremists to take the law into their own hands as they did with Taseer and Bhatti.

I am also concerned that his wife Farahnaz Ispahani, when finding no protection of his husband’s life, went to the United States and asked help from the USA authorities which is very serious view on the security affairs in Pakistan and it has given an impression that civilians have no contro on the security issues and all rest on the whims of military and its intelligence agencies.

It is shocking for me that the Ambassador’s wife is constantly followed by ISI agents working inside America. She should have the ability to live in USA free from intimidation and threats.
I was informed that the ISI’s involvement is visible in the trap laid for the ambassador in order to eliminate him from the scene in that its head, Lieutenant General Shuja Pasha, visited London and investigated the case himself by intimidating Mansoor Ijaz, the writer of the Memo, to place the blame on the Ambassador. The ISI chief went to London on his own self without taking permission from his boss, the Prime Minister of Pakistan. The man’s arrogance is such that that he filed the affidavit to the Supreme Court without consulting the government in an effort to show his own superiority over the civilian law.

I therefore urge you to prosecute the Director General of ISI, Mr. Shuja Pasha, who is operating on his own without the permission of the Prime Minister for continuously using his offices for intimidating and coercing Hussain Haqqani during the court trial of the Memo case. Mr. Haqqani must be provided protection and the government should take action against the ISI officials and fundamentalists groups for threatening him.

The threats to his life and restrictions on his free movement is against the fundamental rights of an individual and also against the articles 15 and 19 of the constitution of Pakistan. It is also against the article 19 of the International Covenant on Civil and Political Rights (ICCPR) which is ratified by the Pakistan and under its obligations government has to ensure the freedom of expression and movement to Mr. Haqqani. Sadly it is the very institutions which should be providing protection, the armed forces and the ISI, which are the cause of the threats to his life.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

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