Terroritory » prison

Sentences Burmese Activists to 65 Years

admin — Thu, 13 Nov 2008 13:14:58 +0000

A court in military-ruled Burma has delivered a major blow to the country’s pro-democracy movement by sentencing more than a dozen activists to 65 years in prison each. At least 14 dissidents received sentences Tuesday during a closed hearing inside Rangoon’s notorious Insein prison for organizing anti-government protests last year.

The demonstrations over economic hardships and democratic reforms led to massive protests that were later crushed by the country’s military-ruled government.

Those sentenced include Ko Jimmy and his wife, Nilar Thein, who had to abandon her four-month-old daughter when she went into hiding during the government crackdown.

The British government condemned the jail sentences, saying the activists did nothing “other than express themselves” and have always “underlined their willingness to work with others for a better Burma.”

Amnesty International’s Burma researcher, Benjamin Zawacki, said these sentences show that Burma’s ruling military junta does not have any intention of improving its human rights record and increasing political participation.

The dissidents are members of the 88 Generation Students. The group first began organizing politically 20 years ago when they carried out mass demonstrations to challenge military rule in Burma.

北京市人民检察院第一分院 China: Hu Jia’s Prosecution Document

admin — Fri, 25 Apr 2008 09:11:56 +0000

起诉书1 起诉书2 起诉书3

北京市人民检察院第一分院

起诉书

京一分检刑诉【2008】第48号

被告人胡嘉（别名：胡佳），男，1973年7月25日出生，身份证号码：110105197307254115，汉族，无业，户籍所在地：北京市朝阳区十里堡北里4楼421号，现住北京市通州区东果园BOBO自由城76号楼542号。因涉嫌犯煽动颠覆国家政权罪于2007年12月27日被北京市公安局刑事拘留，经本院批准，于2008年1月29日被北京市公安局逮捕。

北京市公安局对本案侦查终结，以被告人胡嘉涉嫌煽动颠覆国家政权罪，于2008年2月18日向本院移送审查起诉。本院受理后，于2008年2月18日已告知被告人有权委托辩护人，依法讯问了被告人，审查了全部案件材料。

经依法审查查明：

被告人胡嘉出于对我国人民民主专政国家政权和社会主义制度不满，于2001年6月至2007年10月间，通过互联网先后在“博闻社”等境外网站上多次发表《赶上民主列车时东亚睡狮猛醒日》、《林牧老先生于今日下午14：00前后过世》、《郭飞雄和江伟与〈沈阳政坛地震〉》、《一国无需两制》、《中共十七大之前中国政法系统大范围制造恐怖气氛》和《国庆及十七大来临警方连续侵犯公民权利》等煽动性文章，并于其间（期间）接受境外媒体“希望之声”采访。胡嘉在其所写文章中及接收采访时，恶意造谣、诽谤：“中国的人权灾难天天爆发”；“专制体制的生存之道无非是不断地‘吃人’，在专制体制的土壤上只生长着贪婪、腐败、滥权；凭空捏造所谓的‘和谐社会’，然后再把大话、空话、套话、费（废）话、假话重复上千万遍，这完全是一剂毒药，执政党拿它来饮鸩止渴，再拉上整个社会大众殉葬”；煽动：“我们向这样一种专制的体制发起挑战”；“我真的为国家被这样一个组织统治而感到汗颜，预计它活不过百岁，不是分崩离析，就是悄然蜕变，共产党作为末代王朝该寿终正寝了”。胡嘉通过上诉煽动行为，妄图达到颠覆我国国家政权和社会主义制度的目的。

胡嘉的上述煽动性文章被境外多家网站链接和转载；采访录音资料被境外媒体制作成音频或整理成文字，以《胡佳谈高律师被绑架前后的情况》、《向专制体制发起和平的挑战》为题，登载在“大纪元”等境外网站。

被告人胡嘉作案后被查获归案。

认定上述事实的证据如下：

被告人供述与辩解，证人证言，现场勘验检查笔录，鉴定结论，物证，书证，视听资料等。

本院认为，被告人胡嘉目无国法，以造谣、诽谤等方式煽动颠覆国家政权、推翻社会主义制度，罪行重大，其行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定，且犯罪事实清楚，证据确实充分，应当以煽动颠覆国家政权罪追究其刑事责任。依据《中华人民共和国刑事诉讼法》第一百四十一条之规定，本院提起公诉，请依法判处。

此致

北京市第一中级人民法院

检察员：张荣革

代理检察员：王翠杰

2008年3月7日

（公章：北京市人民检察院第一分院）

Court announces verdict on the massive rapes of Waka and Lifumba

admin — Mon, 25 Feb 2008 11:38:20 +0000

In Equateur province, the Mbandaka Military Court announced its verdict on 18 February 2008 in Waka locality, more than 500 kilometers east of Mbandaka, where 38 women and young girls were raped in Waka and Lifumba in February 2006. The twelve Congolese police officers were condemned to between 5 and 20 year prison terms, and to the payment of 5,000 dollars in damages to each of the rape victims.

Aggravated assault, torture, looting and massive rapes of women and minor girls were the counts of indictment received by Mbandaka Military Court against these police officers, who engaged in a punitive operation against the population of Waka and Lifumba when they were sent on mission to restore order in these localities.

Before returning the verdict, the military auditor of Mbandaka Military Court, Captain Lingwema Likanza, asked for all who followed the case to break the fear of denouncing any similar act made by men in uniform.

After pointing out the facts, Judge Kole Mukengeshayi thereafter pronounced his verdict which condemned Botuli Itofo, the recognised principal author of the massive rapes, to 20 years in prison.

The eleven other police officers, joint authors of these acts, of which ten are on the run, were condemned to 5 years in prison. All the 12 defendants will have to jointly pay 5,000 dollars to each of the 38 rape victims as damages, in conjunction with the Congolese state, who are civilly responsible for police officers on mission of service.

Overall, 52 women and young girls came forward as rape victims by the police officers. Because of lack of evidence, the court declared the complaints of 22 of the alleged victims as non-founded

Counsel for the state, Mr. François Tshiteya, said he was satisfied with the judgment. The population of Waka and Lifumba, which held their breath for the verdict last Tuesday, is also satisfied with the judgment.

The victims however, are not so confident that the damages awarded will be paid. The Chief of Waka sector, spokesperson for the victims, transmitted this concern to the court immediately after the verdict.

Mr. Tshiteya Counsel promised that upon obtaining the copy of the judgment, he will undertake the procedure whereby the Congolese state will pay the damages. Among the victims, some were repudiated by their husbands after the rapes, and others suffer from sexually transmitted infections.

It should be noted that on the same day another verdict was pronounced by the military tribunal against four police officers, for the murder of one demobilized soldier and the rape of his wife and her mother.

The culprits were condemned to between 6 months and 5 years in prison. They will have to also pay jointly with the Congolese State 5,000 dollars in damages to the family of the deceased demobilized soldier, and 5 thousand dollars to the widow of the demobilised and her mother respectively, in damages relating to the rapes.

Furthermore, MONUC mobilised its helicopter for the transfer of the court to Waka, and in conjunction with the UN High Commission for Human Rights made the open court proceedings a reality.