Daily Report
China releases journalist over declining health
Beijing's Third Intermediate People's Court on Nov. 27 released journalist Gao Yu on medical parole after the Higher People's Court upheld her conviction for leaking an internal Communist Party document to a foreign website. Though she did receive medical parole as a result of her health, the courts have refused to overturn her conviction which means she may still serve her sentence outside of prison. The Higher People's Court upheld the conviction on Nov. 26, also reducing her sentence from seven years to five. The trial of the seventy one year old freelance journalist prompted concerns from the international community who viewed the prosecution as part of a continued crackdown on journalism and free speech rights. Gao admitted to leaking the document at issue [concerning what was discussed at a closed meeting], though [independent news website] Mingjing News contends that it did not receive the document from her. Yu, who has been detained since 2014, received her initial sentence in April at which time she had plead not guilty.
Thai constitution would grant military immunity
Human Rights Watch (HRW) said Nov. 24 that a proposed provision in Thailand's constitution would permit the nation's military to commit human rights abuses without fear of punishment, in violation of international treaties. A new constitutional provision before Thailand's legislative body, known as the the junta, or the National Council for Peace and Order, would exculpate the use of force by military personnel if the conduct is "carried out with honest intention" in the interest of national security. HRW referred to the constitutional amendment as a "license to kill." HRW acknowledged that Thailand's military forces have acted with impunity for decades, but stated: "International human rights treaties ratified by Thailand make clear that status as a government official does not permit immunity for serious rights violations. In addition, Thailand has international legal obligations to ensure the right to an effective remedy for victims of serious violations, including unlawful killings."
Pentagon: human error caused hospital bombing
The US Department of Defense (DoD) and Pentagon officials have completed their investigation into the Oct. 3 bombing of the Doctors Without Borders (MSF) hospital in Kunduz, Afghanistan and announced on Nov. 25 that it was an "avoidable accident caused primarily by human error." Commander of US forces in Afghanistan, Gen. John Campbell, stated that the hospital was targeted accidentally, and US personnel believed they were attacking a separate structure containing enemy combatants several hundred meters away. The investigation found that personnel did not complete full precautionary measures to verify the building was a "legitimate military target." Systems and procedural failures compounded the human error, resulting in the hospital bombing that killed over 30 and injured dozens. Military service members who were most closely involved in the bombing have been suspended, but Campbell declined to state how many.
Berbers symbolically raise Kabylia flag at UN
A large crowd of Berber (Amazigh) residents of Algeria's Kabylia region gathered Nov. 12 at the town of Bouzeguène (Wizgan in the Berber language, Tamazight) to symbolically raise the flag of their homeland. The action was called by the Kabylia Self-Determination Movement (MAK), whose president Bouaziz Ait Chebib oversaw the ceremony. The MAK has been demanding recognition of Amazigh language and cultural rights in Algeria, and advancing a right to self-determination for the Kabylia region if these demands are not met. The crowd at Wizgan applauded when it was announced that the Kingdom of Morocco had committed to raise the issue of self-determination for Kabylia at the United Nations. (Morocco World News, Nov. 17; Siwel, Nov. 12)
Russo-Turkish pipeline route on hold amid crisis
With Moscow threatening sanctions against Turkey in the aftermath of the downing of a Russian warplane on the Syrian border, plans for a Russo-Turkish free trade zone appear be on hold—along with key energy projects. Foremost among these is the TurkStream gas pipeline, which Economy Minister Alexei Ulyukayev said Moscow could "restrict." (Reuters) TurkStream is being developed by GazProm, the Russian energy giant, to export Russian (and potentially Central Asian) natural gas through Turkey via the Black Sea. Ulyukayev's hedging is understandable: this has long been a strategic project for Moscow, which has long nurtured a grudge over the Baku-Ceyhan pipeline—linking the Caucasus to Turkish port of Ceyhan through a route that by-passes Russia.
Opening shots of new Russo-Turkish war?
The situation on Turkey's Syrian border has only escalated since Turkish forces shot down a Russian warplane two days ago. A Russian rescue helicopter was shot down by Syrian rebels while searching for the two pilots of the downed warplane. The helicopter was forced to make an emergency landing in a regime-held area of Syria's Latakia governorate. The rebels were using (possibly CIA-supplied) US-made TOW missiles. (The Mirror) One pilot was rescued in the joint Russian-Syrian operation and brought to a base in Latakia, Moscow says. A Russian marine was also reported killed during the rescue mission. The other pilot was shot by rebels as he parachuted from the hit plane, according to Moscow. (AP)
Drone memos may stay secret: US appeals court
The US Court of Appeals for the Second Circuit on Nov. 23 released its ruling that the US government may keep secret memoranda related to the legal justification for the use of drones for targeted killings of those in other countries believed to be involved in terrorism. Though the opinion was drafted last month, it was placed under temporary seal and not released until this week. The case was the result of Freedom of Information Act requests by the American Civil Liberties Union (ACLU) and New York Times for documents prepared by the Office of Legal Counsel of the US Department of Justice regarding the drone strikes. The court made a point of emphasizing that the legality of the strikes themselves was not the issue before the court, and that its review primarily concerned whether documents regarding their lawfulness must be disclosed. Those arguing for the release of the memos called the documents "working law," but the courts denied this argument.
Russian warplane down: heightened contradictions
Turkey shot down a Russian warplane on the Syrian border Nov. 24, aparenently after it violated Turkish airspace. Vladimir Putin said the Su-24 was hit by air-to-air missiles fired by Turkish F-16s while it was flying over Syrian territory. A military statement from Ankara said the plane violated Turkish airspace in Hatay province and was warned "10 times in five minutes." Reports indicate the plane crashed in Syrian territory, near Yamadi village of Latakia governorate. (Al Jazeera, BBC News) The two pilots reportedly survived the crash but were captured and summarily executed by members of a Turkmen rebel militia. (Reuters) There is some ambiguity about what actually constitutes the border in this area, as Turkey has established a military-controlled buffer zone in Latakia.
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