Group 48 Newsletter - May 2009

Newsletter Amnesty International USA Group 48

05.09

In This Issue . . .

3 Leglislative Update 4 RWANDA: Urge Fair Retrial for François-Xavier Byuma AIUSA-Group 48 http://aipdx.org 503-227-1878 Next Meeting: Friday May 8th First Unitarian Church 1011 SW 12th Ave 7:00pm informal gathering 7:30pm meeting starts

NewsLetter Designed By Michelle Whitlock MichelleWhitlock.com

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Jeff Widener AP/PA Photos

1 CHINA: Take action for the 20th Anniversary of Tiananmen

CHINA: Take action for the 20th Anniversary of Tiananmen

This year marks the 20

anniversary of the military crackdown on pro-democracy demonstrators in Tiananmen Square. The Chinese authorities have suppressed public debates and discussions of the 1989 crackdown. Those seeking justice for the victims have suffered from police harassment, arbitrary detention and sometimes imprisonment. The government has also refused to carry out an open, independent and impartial inquiry into the events of 3-4 June 1989, despite appeals from foreign governments, international non-governmental organizations and Chinese activists. No independent investigation has been carried out, and no one has th

been brought to justice for their role in the crackdown. The government has always refused to review the cases of those still imprisoned for taking part in the 1989 protests or to redress the miscarriages of justice and human rights violations. No compensation has been granted to those killed in the crackdown or to the families affected. The government does not accept that the 1989 protests in Tiananmen Square were legitimate, claiming instead that the demonstrators’ intention was to overthrow the government. Senior Chinese officials have recently defended the »

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crackdown, claiming it was necessary to maintain the ‘social stability’ needed for China’s rapid economic growth. Background information

In the spring of 1989, some university students gathered initially in Tiananmen Square to mourn the death of senior Communist Party official Hu Yaobang. The gathering turned into pro-democracy demonstrations. The students demanded an end to official corruption, and political and economic reforms. Their demands drew wide public support and millions joined or organized peaceful demonstrations in Beijing and throughout China. The authorities failed to persuade the demonstrators to return home. Tensions escalated in Beijing, and martial law was declared on 20 May. On the night of 3 June, heavily armed troops and hundreds of armored vehicles moved into the city to “clear” the prodemocracy demonstrators. Hundreds of unarmed civilians, including children and old people, were shot dead by troops firing at random or deliberately at protesters and onlookers, and in some cases tanks crushed those that could not get away. Others were summarily shot by soldiers during the days which followed when troops were already in full control of Beijing, and the demonstrators no longer posed any kind of threat. An official report issued by the Chinese authorities at the end of June 1989 claimed that "more than 3,000 civilians were wounded and over 200, including 36 college students, died during the riot". While the exact figures are unknown, Amnesty International believes that many more were killed in Beijing during the military intervention and tens of thousands arrested in the aftermath throughout China. Official statistics have not been made public, though it is believed that dozens of people remain in prison to this day. Every year individuals continue to be imprisoned or sent to re-education through labor facilities for peacefully commemorating the anniversary of the military crackdown. Recommendations

Please send polite letters to urge the Chinese authorities to: ◌◌ Launch an open and independent inquiry into the 1989 military crackdown and publicly acknowledge the human rights abuses that occurred, with a view to bringing the perpetrators to justice; »

Event Announcement 20th Anniversary of Tiananmen: The Ensuing Struggle for the Right to Freedom of Expression 

In the spring of 1989, pro-democracy demonstra-

tions that were started by students in Tiananmen Square spread across China and ended by a military crackdown. Twenty years have passed. An estimate of 50 individuals who were involved in the demonstrations remain in prison. Discussions about what happened in 1989 are banned. Meanwhile, China put forth an economic reform that brought wealth to the urban areas while rural residents struggle to hold on to their land, family and humanity. The crackdown on freedom of expression spread from printed media to the Internet. Today, students in China have little idea about what the previous generation of students had experienced twenty years ago. Human rights defenders are constantly harassed and intimated physically and emotionally with some of them sent to prison or put under house arrest.

Amnesty International Local Group 48 will mark the 20th anniversary of Tiananmen with a film presentation of the PBS Frontline documentary, “The Tank Man.” Portland State University Political Science Professor Bruce Gilley will provide his expert analysis on the Tiananmen crackdown and the ensuing struggle for freedom of expression and human rights before and after the film. The event is free and open to the public. When: Saturday, June 6, 2009 at 2pm Where: US Bank Room at the Central Library, 801 SW 10th Avenue, Portland

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◌◌ Provide an accounting of all those killed or injured during the crackdown, and immediately and unconditionally release those still imprisoned for their peaceful involvement in the protests;

Xichengqu Beijingshi 100017 People's Republic of China Salutation: Your Excellency

◌◌Acknowledge the legitimacy of the 1989 pro-democracy protests;

Prime Minister of the People's Republic of China WEN Jiabao Guojia Zongli The State Council General Office ◌◌ Provide compensation to the victims of the crackdown and 2 Fuyoujie their families; Xichengqu ◌◌ Cease the arbitrary detention, harassment and other restric- Beijingshi 100017 People's Republic of China tions which prevent human rights defenders, journalists and activists like Shi Tao and the Tiananmen Mothers from carry- Salutation: Your Excellency ing out their peaceful and legitimate human rights activities; Copies to:

◌◌Allow public debate and discussion about the events of June Ambassador Wen Zhong Zhou Embassy of the People's Republic of China 3-4, 1989 to take place without fear of reprisal. 2300 Connecticut Ave. NW Addresses Washington, DC 20008 President of the People’s Republic of China Fax: 1 202-328-2582 HU Jintao Guojia Zhuxi Postage rate to China is 94 cents. It will increase to 98 The State Council General Office cents starting on May 11, 2009. 2 Fuyoujie

Legislative Update by Dan Johnson, Legislative Coordinator Kriss Szkurlatowski Stock.Xchng

This was an exciting month in legislative action. We had

delegations making visits to support accountability for detainee abuse in Portland, Coos Bay, and Medford. Thanks to all those who participated!!! Additionally, the Tribal Law and Order Act was introduced. This bill provides for sexual abuse prevention and treatment programs for Native American women.  Our own Senator Wyden has signed on as one of the first few co-sponsors of this bill, so this is a win for us Oregonians as well as for our work to help reduce violence against women.

As you have all seen, the issue of accountability for torture and detainee abuse during the War on Terror has been in the press a lot lately.  Many public officials have commented about it publicly, and momentum is building.  If you haven't called your representative and senators yet, now is the time.  It's vital that there is a show of support from the people to »

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keep this moving forward.  We're very close to real action on these issues, and this is one of the best ways to rebuke the horrible things that have happened over the past few years.  Accountability is a firm step returning towards the rule of law, and establishes precedent against these sorts of decisions being made again.  Senator Wyden is a key figure in this debate due to his committee assignments, and we need to make sure that his offices hear from as many people as possible.

Senator Ron Wyden DC: (202) 224-5244 Portland: (503) 326-7525 Call yourself.  Ask your friends to call.  The heat is on nationally, calls on this issue very likely matter more now than any time previously, and quite possibly any time in the future.  Make your voice heard.

RWANDA: Urge Fair Retrial for François-Xavier Byuma Stephen Stacey Stock.Xchng

The retrial of François-Xavier Byuma, an individual at risk

in Rwanda was finally held on March 14, 2009. Originally sentenced to 19 years’ imprisonment on May 27, 2007 after an unfair trial, his appeal was finally heard. Unfortunately, he was sentenced again to 17 years imprisonment.

The retrial of the original trial took place in front of the Rwikubo gacaca court from Kigabiro sector in the Rwamagana district. The court concluded that Byuma had illegally possessed a firearm, taken part in military training and had beaten and kidnapped a woman with the intention to kill her. Irregularities were reported in this retrial. Mr. Byuma did not receive a trial that complies with international fair trial standards. Amnesty International demands that the National Service of Gacaca Jurisdictions provide Byuma with a second retrial that complies with these standards.

Irregularities in the Retrial

Firstly, witness statements made during the retrial on behalf of the victim were contradictory to those made during the original trial and the appeal. Prosecution witnesses contradicted each other throughout the retrial, yet this evidence was used to support Byuma’s conviction. Three witnesses gave different accounts of how he kidnapped the girl. Secondly, Byuma was charged with possessing a firearm. In 2006, the Executive Secretary of the National Services of Gacaca Jurisdictions issued a directive that stated that possessing a firearm or being at a roadblock did not in itself constitute a crime. The directive stated that Gacaca jurisdictions should determine the responsibility of the perpetrators and provide a proper examination of the facts to prove that the suspects had used the arms to commit crimes of genocide. Several witnesses stated that Mr. Byuma may have owned a gun, but did not use it during the genocide. Thirdly, local sources stated that two judges gave more consideration and weight to prosecution witness than to defense witnesses who pleaded Byuma’s innocence. These sources stated that the judges posed questions to witnesses, which suggested a strong bias against Byuma. These judges did not give defense witnesses sufficient time to speak, and pressured them to provide quick yes or no answers to questions about Byuma’s involvement in the genocide. Background Information

François-Xavier Byuma’s grossly unfair 2007 trial took place in a gacaca court, which was part of a nationwide community-based justice system intended to try those suspected of »

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the 1994 genocide. The judge who presided over Mr. Byuma’s original trial at the gacaca community court in the Bilyogo sector of the capital Kigali had been under investigation by François-Xavier Byuma’s NGO Turengere Abana (the Rwandan Association for the Protection and Promotion of the Child - l’Association Rwandaise pour la Protection et la Promotion de l’Enfant). It was investigating the allegation that he raped a 17-year-old girl. The judge’s conflict of interest denied François-Xavier Byuma his right to receive a fair trial before an independent and impartial tribunal. Amnesty International and other human rights organizations have raised serious concerns over the gacaca justice system, which fails to meet international standards for fair trial and lacks independence, impartiality and transparency. Article 4 of Rwanda’s Organic Law No 10/2007 of 01/03/2007 covers the dismissal of judges from gacaca courts. It clearly states ‘‘Any person elected as a member of the organs for gacaca courts shall be replaced [if he does] any act incompatible with the quality of a person of integrity.’‘ What Action to Take

Please write a polite letter to the National Service of Gacaca Jurisdictions about Mr. Byuma’s case. His case received considerable international and Rwandan attention in 2007 and 2008. However, such attention has dwindled. Amnesty International must continue to voice concern to the authorities and focus attention on this case. The goal of this action is to have government authorities overturn the verdict of this retrial of the original trial and the sentence given François-Xavier Byuma, and give him a second retrial that complies fully with international standards for fair trial. Action Recommendations

Express your concern that a retrial of François-Xavier Byuma's trial, which took place on March 14, 2009 before the Rwikubo gacaca court from Kigabiro sector, Rwamagana district, did not comply with international fair trial standards. Call on the National Service of Gacaca Jurisdictions to provide a second retrial of the trial that complies with international fair trial standards.

Sample Letter

Mme Domitile Mukantaganzwa Executive Secretary of the National Service of Gacaca Jurisdictions National Service of Gacaca Jurisdictions BP 1874 Kigali Rwanda Fax 011 250 586 647 Dear Madame Mukantaganzwa, I am writing as a member of Amnesty International concerning the case of Francois-Xavier Byuma. Thank you for providing François-Xavier Byuma with a retrial in March 2009 at the Rwikubo gacaca court from Kigabiro sector. I appreciate that a retrial of the original trial was held. However, I believe » AIUSA Group 48 Contact Information

Group Coordinator Joanne Lau 971-221-5450 [email protected] Concert Tabling Will Ware 503-227-5225 [email protected] Newsletter Editor Dan Webb 503-253-3491 [email protected] Treasurer Janan Stoll 503-282-8834 [email protected] Legislative Coordinator Dan Johnson 503-310-4540 [email protected]

Central Africa RAN OR State Death Penalty Coordinator Terrie Rodello 503-246-6836 [email protected] Central America RAN Marylou Noble 503-245-6923 marylou_noble@ yahoo.com Guantanamo cases & Darfur Jane Kristof [email protected] Marty Fromer 503-227-1878 [email protected] Indonesia RAN Max White 503-292-8168 [email protected]

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that international standards of justice were not upheld for the following reasons: Firstly, witness statements made during the retrial on behalf of the victim were contradictory to those made during the original trial and the appeal, yet this evidence was used to support Byuma’s conviction. Prosecution witnesses contradicted each other throughout the retrial process. Three witnesses gave different accounts of how he kidnapped the girl Secondly, Byuma was charged with possessing a firearm. In 2006, the Executive Secretary of the National Services of Gacaca Jurisdictions issued a directive that stated that simply possessing a firearm or being at a roadblock did not constitute a crime. The directive stated that Gacaca jurisdictions should determine the responsibility of the perpetrators and provide a proper examination of the facts to prove that the suspects had used the arms to commit crimes of genocide. Numerous witnesses stated that he may have owned a gun, but did not use it during the Genocide.

Thirdly, local sources stated that two judges did not carry out their duties impartially. More consideration and weight were given to prosecution witnesses than to defense witnesses who came forward to plead Byuma’s innocence. The judges posed questions to witnesses that suggested a strong bias against Byuma. The judges did not give defense witnesses sufficient time to speak, and pressured them to provide quick yes or no answers to questions about Byuma’s involvement in the Genocide. I also call on the National Service of Gacaca Jurisdictions to ensure that international fair trial standards now be met with a second retrial. It is very important that a fair trial be accorded to Byuma, as well as all Rwandans who put themselves at risk in daring to express themselves openly. I look forward to your response to these concerns. Sincerely,

Postage

AIUSA group 48 Newsletter May 2009