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Newsletter

Amnesty International USA Group 48

05.09
In This Issue . . .
©
1 CHINA: Take action for the
20th Anniversary of Jeff Widener AP/PA Photos
Tiananmen
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 CHINA: Take action for the 20th Anniversary
7:00pm informal of Tiananmen
gathering
7:30pm meeting starts This year marks the 20 anniversary
th been brought to justice for their role in
of the military crackdown on pro-de- the crackdown.
mocracy demonstrators in Tiananmen
The government has always refused to
Square. The Chinese authorities have
review the cases of those still impris-
suppressed public debates and discus-
oned for taking part in the 1989 protests
sions of the 1989 crackdown. Those or to redress the miscarriages of justice
seeking justice for the victims have suf- and human rights violations. No com-
fered from police harassment, arbitrary pensation has been granted to those
detention and sometimes imprison- killed in the crackdown or to the fami-
ment. The government has also refused lies affected.
to carry out an open, independent and
impartial inquiry into the events of 3-4 The government does not accept that
NewsLetter Designed June 1989, despite appeals from foreign the 1989 protests in Tiananmen Square
By Michelle Whitlock governments, international non-gov- were legitimate, claiming instead that
MichelleWhitlock.com ernmental organizations and Chinese the demonstrators’ intention was to
activists. No independent investigation overthrow the government. Senior Chi-
has been carried out, and no one has nese officials have recently defended the »
AIUSA group 48 Newsletter May 2009 Pg 2

crackdown, claiming it was necessary to maintain the ‘social


stability’ needed for China’s rapid economic growth. Event Announcement
Background information 20th Anniversary of Tiananmen:
In the spring of 1989, some university students gathered ini- The Ensuing Struggle for the Right
tially in Tiananmen Square to mourn the death of senior to Freedom of Expression 
Communist Party official Hu Yaobang. The gathering turned
into pro-democracy demonstrations. The students demand- In the spring of 1989, pro-democracy demonstra-
ed an end to official corruption, and political and economic tions that were started by students in Tiananmen
reforms. Their demands drew wide public support and mil- Square spread across China and ended by a mili-
lions joined or organized peaceful demonstrations in Beijing tary crackdown. Twenty years have passed. An
and throughout China. The authorities failed to persuade the estimate of 50 individuals who were involved in
demonstrators to return home. Tensions escalated in Beijing, the demonstrations remain in prison. Discussions
and martial law was declared on 20 May. about what happened in 1989 are banned. Mean-
while, China put forth an economic reform that
On the night of 3 June, heavily armed troops and hundreds brought wealth to the urban areas while rural resi-
of armored vehicles moved into the city to “clear” the pro- dents struggle to hold on to their land, family and
democracy demonstrators. Hundreds of unarmed civilians, humanity. The crackdown on freedom of expres-
including children and old people, were shot dead by troops sion spread from printed media to the Internet. To-
firing at random or deliberately at protesters and onlookers, day, students in China have little idea about what
and in some cases tanks crushed those that could not get away. the previous generation of students had experi-
Others were summarily shot by soldiers during the days which enced twenty years ago. Human rights defenders
followed when troops were already in full control of Beijing, are constantly harassed and intimated physically
and the demonstrators no longer posed any kind of threat.
and emotionally with some of them sent to prison
An official report issued by the Chinese authorities at the end or put under house arrest.
of June 1989 claimed that "more than 3,000 civilians were
Amnesty International Local Group 48 will mark
wounded and over 200, including 36 college students, died
the 20th anniversary of Tiananmen with a film
during the riot". While the exact figures are unknown, Am-
presentation of the PBS Frontline documentary,
nesty International believes that many more were killed in
“The Tank Man.” Portland State University Politi-
Beijing during the military intervention and tens of thou-
cal Science Professor Bruce Gilley will provide
sands arrested in the aftermath throughout China.
his expert analysis on the Tiananmen crackdown
Official statistics have not been made public, though it is and the ensuing struggle for freedom of expres-
believed that dozens of people remain in prison to this day. sion and human rights before and after the film.
Every year individuals continue to be imprisoned or sent to The event is free and open to the public.
re-education through labor facilities for peacefully commem-
When: Saturday, June 6, 2009 at 2pm
orating the anniversary of the military crackdown.
Where: US Bank Room at the Central Library,
Recommendations 801 SW 10th Avenue, Portland
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 per-
petrators to justice; »
AIUSA group 48 Newsletter May 2009 Pg 3

◌◌ Provide an accounting of all those killed or injured dur- Xichengqu


ing the crackdown, and immediately and unconditionally Beijingshi 100017
release those still imprisoned for their peaceful involvement People's Republic of China
in the protests; Salutation: Your Excellency
◌◌Acknowledge the legitimacy of the 1989 pro-democracy Prime Minister of the People's Republic of China
protests; 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
tions which prevent human rights defenders, journalists and People's Republic of China
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
3-4, 1989 to take place without fear of reprisal. Embassy of the People's Republic of China
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
This was an exciting month in legislative action. We had
Kriss Szkurlatowski Stock.Xchng

delegations making visits to support accountability for de-


tainee 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 Ameri-
can 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 »
AIUSA group 48 Newsletter May 2009 Pg 4

keep this moving forward.  We're very close to real action on Senator Ron Wyden
these issues, and this is one of the best ways to rebuke the DC: (202) 224-5244
horrible things that have happened over the past few years.  Portland: (503) 326-7525
Accountability is a firm step returning towards the rule of law,
and establishes precedent against these sorts of decisions be- Call yourself.  Ask your friends to call.  The heat is on nation-
ing made again.  Senator Wyden is a key figure in this debate ally, calls on this issue very likely matter more now than any
due to his committee assignments, and we need to make sure time previously, and quite possibly any time in the future. 
that his offices hear from as many people as possible. Make your voice heard.

RWANDA: Urge Fair Retrial for François-Xavier Byuma

Irregularities in the Retrial


Stephen Stacey Stock.Xchng

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 contra-
dicted each other throughout the retrial, yet this evidence was
used to support Byuma’s conviction. Three witnesses gave dif-
ferent 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 Ga-
caca 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
The retrial of François-Xavier Byuma, an individual at risk proper examination of the facts to prove that the suspects had
in Rwanda was finally held on March 14, 2009. Originally used the arms to commit crimes of genocide. Several witness-
sentenced to 19 years’ imprisonment on May 27, 2007 after es stated that Mr. Byuma may have owned a gun, but did not
an unfair trial, his appeal was finally heard. Unfortunately, he use it during the genocide.
was sentenced again to 17 years imprisonment.
Thirdly, local sources stated that two judges gave more con-
The retrial of the original trial took place in front of the Rwi- sideration and weight to prosecution witness than to defense
kubo gacaca court from Kigabiro sector in the Rwamagana witnesses who pleaded Byuma’s innocence. These sources
district. The court concluded that Byuma had illegally pos- stated that the judges posed questions to witnesses, which
sessed a firearm, taken part in military training and had beat-
suggested a strong bias against Byuma. These judges did not
en and kidnapped a woman with the intention to kill her.
give defense witnesses sufficient time to speak, and pressured
Irregularities were reported in this retrial. Mr. Byuma did them to provide quick yes or no answers to questions about
not receive a trial that complies with international fair trial Byuma’s involvement in the genocide.
standards. Amnesty International demands that the National
Service of Gacaca Jurisdictions provide Byuma with a second Background Information
retrial that complies with these standards. François-Xavier Byuma’s grossly unfair 2007 trial took place
in a gacaca court, which was part of a nationwide commu-
nity-based justice system intended to try those suspected of »
AIUSA group 48 Newsletter May 2009 Pg 5

the 1994 genocide. The judge who presided over Mr. Byuma’s Sample Letter
original trial at the gacaca community court in the Bilyogo Mme Domitile Mukantaganzwa
sector of the capital Kigali had been under investigation by Executive Secretary of the National Service of Gacaca Juris-
François-Xavier Byuma’s NGO Turengere Abana (the Rwan- dictions
dan Association for the Protection and Promotion of the National Service of Gacaca Jurisdictions
Child - l’Association Rwandaise pour la Protection et la Pro- BP 1874
motion de l’Enfant). It was investigating the allegation that he Kigali
raped a 17-year-old girl. The judge’s conflict of interest denied Rwanda
François-Xavier Byuma his right to receive a fair trial before Fax 011 250 586 647
an independent and impartial tribunal. Dear Madame Mukantaganzwa,
Amnesty International and other human rights organizations I am writing as a member of Amnesty International concern-
have raised serious concerns over the gacaca justice system, ing the case of Francois-Xavier Byuma. Thank you for provid-
which fails to meet international standards for fair trial and ing François-Xavier Byuma with a retrial in March 2009 at
lacks independence, impartiality and transparency. Article the Rwikubo gacaca court from Kigabiro sector. I appreciate
4 of Rwanda’s Organic Law No 10/2007 of 01/03/2007 covers that a retrial of the original trial was held. However, I believe »
the dismissal of judges from gacaca courts. It clearly states
‘‘Any person elected as a member of the organs for gacaca AIUSA Group 48 Contact Information
courts shall be replaced [if he does] any act incompatible
with the quality of a person of integrity.’‘
What Action to Take Group Coordinator Central Africa RAN
Joanne Lau OR State Death
Please write a polite letter to the National Service of Gacaca 971-221-5450 Penalty Coordinator
Jurisdictions about Mr. Byuma’s case. His case received con- jlau@easystreet.net Terrie Rodello
siderable international and Rwandan attention in 2007 and 503-246-6836
2008. However, such attention has dwindled. Amnesty Inter- Concert Tabling trodello@igc.org
Will Ware
national must continue to voice concern to the authorities 503-227-5225 Central America RAN
and focus attention on this case. The goal of this action is to ww_ware@yahoo.com Marylou Noble
have government authorities overturn the verdict of this retri- 503-245-6923
al of the original trial and the sentence given François-Xavier Newsletter Editor marylou_noble@
Dan Webb yahoo.com
Byuma, and give him a second retrial that complies fully with 503-253-3491
international standards for fair trial. danielw2@earthlink.net Guantanamo cases
& Darfur
Action Recommendations Treasurer Jane Kristof
Express your concern that a retrial of François-Xavier Byu- Janan Stoll kristofj@pdx.edu
ma's trial, which took place on March 14, 2009 before the 503-282-8834 Marty Fromer
Rwikubo gacaca court from Kigabiro sector, Rwamagana dis- jjjn4now@aol.com 503-227-1878
martyfromer@gmail.com
trict, did not comply with international fair trial standards. Legislative
Coordinator Indonesia RAN
Call on the National Service of Gacaca Jurisdictions to pro- Dan Johnson Max White
vide a second retrial of the trial that complies with interna- 503-310-4540 503-292-8168
tional fair trial standards. subtlet@hotmail.com maxw33@comcast.net
AIUSA group 48 Newsletter May 2009 Pg 6

that international standards of justice were not upheld for the Thirdly, local sources stated that two judges did not carry out
following reasons: their duties impartially. More consideration and weight were
given to prosecution witnesses than to defense witnesses
Firstly, witness statements made during the retrial on behalf
who came forward to plead Byuma’s innocence. The judges
of the victim were contradictory to those made during the
posed questions to witnesses that suggested a strong bias
original trial and the appeal, yet this evidence was used to
against Byuma. The judges did not give defense witnesses
support Byuma’s conviction. Prosecution witnesses contra-
sufficient time to speak, and pressured them to provide
dicted each other throughout the retrial process. Three wit-
quick yes or no answers to questions about Byuma’s involve-
nesses gave different accounts of how he kidnapped the girl
ment in the Genocide.
Secondly, Byuma was charged with possessing a firearm. In
I also call on the National Service of Gacaca Jurisdictions to
2006, the Executive Secretary of the National Services of Ga-
ensure that international fair trial standards now be met with
caca Jurisdictions issued a directive that stated that simply
a second retrial.
possessing a firearm or being at a roadblock did not consti-
tute a crime. The directive stated that Gacaca jurisdictions It is very important that a fair trial be accorded to Byuma, as
should determine the responsibility of the perpetrators and well as all Rwandans who put themselves at risk in daring to
provide a proper examination of the facts to prove that the express themselves openly.
suspects had used the arms to commit crimes of genocide.
Numerous witnesses stated that he may have owned a gun, I look forward to your response to these concerns.
but did not use it during the Genocide. Sincerely,

Postage

AIUSA group 48 Newsletter May 2009

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