Friday, June 13, 2014

China's Supreme Court Overturns Death Sentences For Child Rapists

 china-tang-hui-jul-2013.jpg
China's Supreme People's Court on Thursday overturned the death penalties handed to two men found guilty of forcing an 11-year-old girl from the central province of Hunan into prostitution, although it said the original convictions weren't in dispute.

Zhou Junhui and Qin Xing had been found guilty of "rape, organizing prostitution and forcing others into prostitution."

Their sentences came after years of campaigning which led to a spell in labor camp for the Hunan-based mother of the victim, Tang Hui, sparking an outcry on China's social media networks.

Tang's daughter, now 18, was forced into prostitution multiple times and raped by several men in turn, leaving her with genital herpes and post-traumatic stress disorder, the official Xinhua news agency said on Thursday.

It said the Supreme Court didn't take issue with the facts of the case, however.

"Zhou and Qin's crimes were serious both in terms of circumstances and consequences," the agency quoted the Supreme Court judgement as saying.

"Zhou and Qin acted as principal criminals, and the facts of their crimes identified in the first and second instance were clear, substantial and sufficient, and the conviction was accurate," the court found.

But the court had decided that the consequences of their actions didn't merit "an immediate death penalty."

According to a court official, the decision is in line with a new policy on death penalties, all of which are subject to review by the country's highest court after a number of alleged miscarriages of justice at provincial level, Xinhua said.

"The Supreme Court reviews death penalties in accordance with facts and laws, and takes a prudent attitude in issuing capital punishment," it quoted the official as saying.

Continuing fight

Tang said on Thursday she was "very sad" at the news, and that the judgement was unfair on her daughter.

"They have laid waste my daughter's life, and yet they are still alive and well," she told RFA. "I will be hiring an attorney to fight this once again."

"I want to fight this through legal channels, but I will also be lodging petitions and complaints, because we have the right to do this," Tang said.

"If I don't petition, how else will my voice be heard? And to whom will I speak?"

Tang said her daughter was in a better state than before, and has been able to return to school.

"But her sexually transmitted disease is proving hard to treat, and she has to see the doctor regularly," Tang said.

She said she would try to shield her daughter from the knowledge of the Supreme Court's decision. "But if she goes online, she'll probably see it anyway," she added.

Lengthy sentence likely

Beijing-based criminal lawyer Liu Xiaoyuan said suspended death sentences, which are commuted to a long prison term after two years' good behavior, or life sentences now looked likely for the two men.

"Not every death penalty is approved," said Liu, referring to regulations in place since 2007 requiring the final approval of the Supreme Court before executions can be authorized.

"The Supreme Court overturns between 10 and 15 percent of cases, or thereabouts," he said. "There are times when they won't approve death sentences that have been approved by the High People's Courts."

"Most of them turn into suspended death sentences or life imprisonment, once they are sent back for a retrial."

In July 2013, the Hunan Provincial People's High Court overturned the decision of a lower court and awarded Tang compensation for infringement of her rights and psychological damage in connection with her labor camp sentence.

Following a public outcry, the judgement criticized the municipal re-education through labor commission in Tang's hometown of Yongzhou for infringing on her personal freedom and inflicting mental distress, ordering it to pay her 2,941 yuan (U.S.$480) in compensation.

Tang was sentenced to 18 months in labor camp in August 2012 for "disturbing social order," after she challenged the prison sentences of men convicted of raping her daughter, calling for their execution.

China abolished the "re-education through labor" system of administrative punishments at the end of last year, although lawyers and rights activists have warned that similar punishments are still being handed down without trial, but in other guises.

Inside the deal deferred

 Members of the CPP and CNRP sit across from each other at the Senate in Phnom Penh during negotiations
When the opposition joins the National Assembly, it will take the chairmanships of five of 10 parliamentary commissions and the first vice presidency of the assembly, according to part of the agreement revealed by Cambodia National Rescue Party whip Son Chhay yesterday after a round of negotiations at the Senate.Although disagreements between the CNRP and the ruling party on reform technicalities continued to block the talks from blossoming into a resolution, details of the parliamentary power-sharing agreement brokered by Prime Minister Hun Sen and opposition leader Sam Rainsy earlier this year became public.

A new anti-corruption commission will be added to the existing nine commissions to facilitate the equal chairmanships, but the Cambodian People’s Party will still hold the parliamentary presidency (currently held by Heng Samrin) and the second vice presidency – meaning it will still wield a majority (seven to six) on the assembly’s permanent standing committee.
Governance experts and analysts yesterday said the new power-sharing arrangements would equate to little practical change in the amount of power the opposition wields in parliament unless internal assembly rules are also completely overhauled.Prum Sokha, head of the CPP’s negotiating working group, confirmed yesterday that the agreement on assembly positions still stood.

But other details allegedly hammered out in an April 9 phone call between Hun Sen and Rainsy were left in dispute after a meeting between party officials yesterday.
Following the 90-minute meeting, the parties remained at odds over what proportion of lawmakers should be required to approve members of a new constitutionally mandated National Election Committee.According to the CPP’s Sokha, requiring that two-thirds of parliament approve the NEC’s members – as the CNRP has requested – would simply lead to more political deadlock.
“Our working group told the [CNRP working group] that this would only lead to a return to what took place before 2006,” he told reporters after the meeting, referring to deadlock that ensued after the 1998 and 2003 elections, when the CPP won the poll but did not have the two-thirds majority required to form a government on its own.

In 2006, Rainsy, then leader of his namesake party, lobbied for a constitutional amendment that would allow a government to be formed with only a 50 per cent plus one majority – a provision that, ironically enough, allowed the CPP to go it alone with only 68 seats after last year’s disputed election.At his post-meeting press conference yesterday, Prum Sokha handed out copies of a 2006 letter from Rainsy to Hun Sen and former Funcinpec leader Norodom Ranariddh requesting the amendment.But CNRP working group head Kuoy Bunroeun rejected the deadlock argument yesterday, saying that, on the contrary, public trust in the NEC is what Cambodia needs to avoid its reoccurring post-election woes.

“We want the electoral institution to have real independence, real power and have real ability, especially to help avoid post-election political crises. In previous times, post-election crises have occurred because of lost confidence in electoral institutions,” he said.
Opposition leader Rainsy, meanwhile, argued that the CPP was reneging on what had previously been agreed between him and Hun Sen.“Compared to what Hun Sen and I agreed in a phone conversation last April, the CPP now backtracks and refuses to specify in the Constitution the previously agreed new rule for selecting future NEC members based on a two-thirds majority or a consensus among all parties represented at the National Assembly,” Rainsy wrote in a Facebook post.“If this new rule is only stated in an ordinary law whose adoption only requires a 50% + 1 majority, the CPP would be able in the future to change the composition of the NEC as it pleases,” he continued.

But Prum Sokha said the opposition was holding things back, pointing to NEC-related constitutional amendments that had already been drafted by his party and distributed yesterday.
“Prime Minister Hun Sen is one step ahead,” he said.
The working groups are expected to meet again after consulting with party leaders, but no timeline for further negotiations has been announced.Separately, according to Chhay, who yesterday divulged details of what positions the CNRP would receive when it joins parliament, the opposition had initially asked for the parliamentary presidency but had agreed to forfeit that position when the ruling party agreed to create a 10th commission.But without a change to the internal rules, the opposition’s new parliamentary prestige “won’t change a thing”, Cambodian Center for Human Rights chairman Ou Virak said.“If you look at the formula now, the internal rules has to be adopted every single mandate by an absolute majority.… So of course the ruling party will adopt rules that will help the ruling party and undermine the opposition,” he said.

“Nobody has power, only the president of the National Assembly and the permanent committee as a body, which will still be dominated by the CPP.”What the CNRP should be pushing for, Virak continued, is a law on the organisation and functioning of parliament, which would guarantee the rights of the opposition regardless of who is in power.A governance expert and consultant who wished to remain anonymous agreed that the new positions would merely amount to symbolic parliamentary power without internal rule changes.“If the CPP still hold the majority, even though you are a [commission] chairman, it is an honorary position. The voice still belongs to the CPP,” he said.But the CNRP is pushing for internal rules that would allow the opposition to play a more prominent role and allow the recognition of a “shadow cabinet”, Chhay said.

Vietnam’s rustic beauty of the 19th century

To celebrate the 40th anniversary of relations between Vietnam and France, the National Library of Vietnam is exhibiting more than 200 photos taken by Rousseau.
In February 1895, Armand Rousseau was appointed Governor General of Indochina. He died suddenly on December 10, 1896, after less than two years in office, leaving behind many priceless pictures of Vietnam from his time there. These pictures are historical treasures that help lend insight into the Vietnam of the late nineteenth century.
19th century, vietnam, saigon, my tho
19th century, vietnam, saigon, my tho
In 1874, Saigon was set up as a city. By the time Rousseau arrived, the city was bustling. This picture was taken on March 16, 1895, the day he arrived in Saigon. The landscape on the Saigon River is the pier of Maritime with the house that was later identified as the Nha Rong Wharf.
19th century, vietnam, saigon, my tho
Cho Lon in the late nineteenth century. One can clearly see Chinese with pigtails on the road. However, the architecture is still Vietnamese, indicating that the indigenous imprint at that time was still prevalent and that Chinatown had yet to be formed.
19th century, vietnam, saigon, my tho
Hai Phong - the first mark of a port city was also captured by Armand. In 1888, Emperor Dong Khanh permitted the French to set up Hanoi, Hai Phong and Da Nang as cities. At the time this photo was shot, Hai Phong City was 8 years old.
19th century, vietnam, saigon, my tho
The landscape in Halong at that time, populated with the small sailboats of fishermen, was no different from that of today. The very modern ship that the Governor General used now resides in the maritime museum.
19th century, vietnam, saigon, my tho
The Ke Bao coal mines in Quang Ninh Province were exploited early by the French. France invested in modern equipment for the industry.
19th century, vietnam, saigon, my tho Hue was the capital of the Nguyen Dynasty at that time. In addition to the Citadel, the Governor General also took many photos of the landscapes in Hue in 1895.
19th century, vietnam, saigon, my tho In the early Nguyen Dynasty, Tuyen Quang was a town. This land was often unstable due to the penetration of bandits from China. At the end of the nineteenth century, the French built citadels and fences to obstruct bandits and wild beasts.
19th century, vietnam, saigon, my tho In the colonial period, the Nguyen government still had symbolic power in Thanh Nam-Nam Dinh.
19th century, vietnam, saigon, my tho The Cham towers are the architecture of the Cham people, which are distributed from Quang Nam to Binh Thuan. This photo was of the Cham towers in Nha Trang.
19th century, vietnam, saigon, my tho Until the late nineteenth century, the Vietnamese road system consisted mainly of narrow roads.
19th century, vietnam, saigon, my tho
Before French colonial domination, Bien Hoa, then called Tran Bien, was the center of the entire southern region. When Armand Rousseau went to Vietnam, this place remained undeveloped. The photos of the communal house in Tan Uyen or the pagoda in Bien Hoa show the two typical religious beliefs of Vietnamese.
19th century, vietnam, saigon, my tho
Phan Thiet was established as a town of Binh Thuan Province in 1899, but when Armand Rousseau came to Vietnam, this was a remote fishing area.
19th century, vietnam, saigon, my tho My Tho before 1899 was just a subdivision, not a province. At that time this land was home to migrant Chinese.
19th century, vietnam, saigon, my tho Before 1899, Tra Vinh was not a province but only a sub-region in the province of Vinh Long, with many Khmer people.
19th century, vietnam, saigon, my tho
Tay Ninh is not far from Saigon but it is adjacent to Cambodia.
19th century, vietnam, saigon, my tho
Con Dao was known to France very early. From 1862 it was used as a prison to detain political protesters and criminals.

China continues using tricks to slander Vietnam

Vietnamese Fisheries Surveillance, Hoang Sa, Truong Sa
According to the Vietnam Fisheries Resources Surveillance Department, throughout the day, China maintained the presence of a large number of coast guard vessels, cargo ships, tugboats and warships around the oil rig Haiyang Shiyou-981, which is illegally stationed in Vietnam’s exclusive economic zone and continental shelf.About 35 fishing ships from China, backed by its coast guard vessels, kept interrupting and driving away Vietnamese fishing boats which were operating normally in Vietnam ’s traditional fishing grounds about 40 nautical miles from the rig.

Meanwhile, forming circles about 7 – 8 and 9 – 11 nautical miles from the rig, China’s coast guard and cargo ships gathered together and aggressively prevented Vietnamese ships from approaching.
Despite China ’s aggressive acts, with water cannons and ramming always threatened, Vietnam’s Fisheries Surveillance and fishing ships persistently stayed at the area to continue their duties and normal activities.At the beginning of May, China illegally dispatched the rig Haiyang Shiyou-981 as well as a large fleet of armed vessels, military ships and aircraft to Vietnam’s waters and positioned it at 15 degrees 29 minutes 58 seconds north latitude and 111 degrees 12 minutes 06 seconds east longitude, 80 miles deep inside Vietnam’s continental shelf and exclusive economic zone.
On May 26, Chinese ships sank a fishing boat belonging to Da Nang fishermen operating in the traditional fishing grounds near Vietnam’s Hoang Sa archipelago.
On June 1, Chinese ships seriously damaged ship 2016 of the Vietnam Coast Guard, causing holes on its side.On June 7, Chinese ships deliberately rammed into Vietnam ’s fisheries surveillance ship KN-635, causing more damage.

From coup-maker to hit-maker: Thai general pens 'happiness' ballad

 Gen. Prayuth Chan-ocha has written the lyrics to a patriotic song vowing to
Thailand's new military ruler has added a personal touch to his junta's post-coup charm offensive, penning the lyrics to a patriotic ballad vowing to "return happiness" to the country.
Performed by the Royal Thai Army band, the song, "Return Happiness to Thailand," has so far racked up more than 200,000 views on YouTube since it was released on Friday. It is played regularly on Thai radio and television and has featured at the military's goodwill concerts around the country.
Colonel Krisada Sarika, head of the Royal Thai Army band, was quoted in Thai media as saying Gen. Prayuth Chan-ocha had rattled off the lyrics, in his own handwriting, in about an hour.
The song includes the couplet: "Let us be the ones who step in before it is too late / To bring back love, how long will it take?"

Since the May 22 coup d'etat, Thailand's 12th in 82 years, Thailand's junta has embarked on an unprecedented PR campaign to win hearts and minds in a divided country.
The National Council for Peace and Order, as the regime calls itself, has held public festivals featuring mini-skirted dancers, free haircuts, petting zoos and stands where the attendees can take "selfies" with soldiers. On Sunday, the regime is promising free tickets to screenings of a patriotic movie across the country.

Thitinan Pongsudhirak, a political science professor at Bangkok's Chulalongkorn University, said the PR campaign was far more intense than those following previous coups.
"Earlier coups did not require as much PR campaigning because public expectations and media tools of scrutiny at home and abroad were less pervasive and powerful," he said.
The campaign has been conducted under the banner of "happiness." On Friday, Prayuth delivered the first of a planned weekly TV and radio broadcast, "Returning Happiness to the People," in which he repeatedly struck on the concept while outlining his junta's vision.
"We need to solve many issues; from administration to the budget system, corruption, and even the starting point of democracy itself -- the election. Parliamentary dictatorship has to be removed. All these have caused conflict and unhappiness among Thai people," he said, in comments questioning whether Thailand was ready for democracy.

"We intend to return happiness to everyone living in Thailand."
But the cheery overtures have been accompanied by an unrelenting crackdown on dissent, with hundreds of people rounded up, including academics, journalists, activists and politicians.
The junta has urged government officials to identify potential troublemakers among their colleagues, and issued warnings about liking dissenting posts on social media or flashing the three-fingered anti-coup salute co-opted from the Hunger Games films.
Pavin Chachavalpongpun, a Thai associate professor of Southeast Asian Studies at Kyoto University, described the happiness campaign as a "gimmick," and a "very crude form of populism" that was unlikely to work.

"I don't think the majority of Thais will buy into this happiness project, because there is nothing to be happy about when your basic human rights have been taken away, when you cannot even express how you feel in public peacefully," he said.
"The reality is they're continuing to hunt down and harass people. Happiness versus a climate of fear -- it doesn't go together."Thitinan said he believed the campaigning might help the regime, but only in the short-term."Initially, the hearts-and-minds campaigns will seem to hold promise because of the complete dominance of the new regime and the lack of alternatives," he said.
"But it would be surprising if these superficial and manufactured approaches succeed in resolving such deep-seated conflicts that have built up over many years."

Kim Jong Un to North Korean weather forecasters: Get it right

 Watch this video
Don't you hate it when the weatherman gets it wrong? Apparently, so does Kim Jong Un.
According to state-run newspaper Rodong Sinmun, the North Korean leader has been touring meteorological facilities in his country complaining that there are "too many incorrect" weather forecasts.As further proof of the supreme leader's extreme displeasure, the Rodong Sinmun report includes photos of a red-faced Kim chastising what appear to be sheepish meteorological personnel.
The wording of the report is a little unclear at times, but it claims Kim's concerns about the weather relate to its potential impact on the economy.

Blaming outdated equipment and scientific method, the young leader stressed a need for accurate forecasts to protect people's lives and property from "abnormal climatic phenomenon" (sic) and to safeguard industries like agriculture and fisheries from natural disasters in a timely manner, according to Rodong Sinmun.North Korea has suffered severe food shortages under the rule of Kim family. In May, state media reported that the reclusive country was experiencing its worst spring drought in more than 30 years, damaging thousands of acres of staple crops.Around two-thirds of North Korea's 24 million people face chronic food shortages, which are exacerbated by floods, droughts and mismanagement, according to the United Nations. More than one in four North Korean children are stunted from chronic malnutrition, the organization said last year.