European Court of Human Rights Says Same Sex Marriage is Not a Universal Right

European Court of Human Rights Says Same Sex Marriage is Not a Universal Right

By Yoohwan Kim
Impunity Watch Reporter, Europe

Photo: All EU member states do not allow same sex marriages. [Source: Justout.com]

STRASBOURG, France – On June 24 the European Court of Human Rights ruled that European nations are not legally obliged to allow and recognize same sex marriages.

An Austrian couple, Hörst Schalk and Johann Kopf, brought a case against Austria in 2004 after the couple sought a marriage permit in Vienna in 2002.  Austrian law only recognizes marriages between a man and a woman, and the country refused to give the gay couple a marriage license.

Schalk and Kopf battled through the Austrian court system with no success.  After the constitutional court of Austria upheld the lower courts’ decision to refuse their permit, the couple brought their case to the European Court of Human Rights in Strasbourg, France.  They claimed that the Austrian courts’ ruling violated their right to marriage under the European Convention on Human Rights.

Following Article 9 of the EU Charter of Fundamental Rights, the seven judges of the European court held that the Austrian couple is not guaranteed a right to marriage.  Each European country should decide their individual laws and how far they wish to recognize the legal status of same sex marriages.

The court stated that marriage has “deep rooted social and cultural connotations which may differ largely from one society to another.”  Each nation should implement their own policy and the “court reiterates that it must not rush to substitute its own judgment in place of that of the national authorities, who are best placed to access and respond to the needs of society.”

Some countries, like Sweden and the Netherlands are socially liberal, while other ones are more religious and conservative, such as Poland.  Six out of European Union’s 27 member states have legalized same sex marriages.

Belgium, the Netherlands, Sweden, Portugal, Norway, and Spain are the six nations that allow gay marriages.  In addition, there are about a dozen other nations, such as Britain, Germany, France, and (since January 2010) Austria, which currently recognize legal partnerships that carry the same legal status as marriage.

Despite the lack of an EU-wide law, the European Court of Human Rights did acknowledge “an emerging European consensus” that same sex marriages should have legal recognition in Europe.  Furthermore, the court found that gay couples are entitled to protection under charter definitions of family life.

Although Austria does not recognize same sex marriages, the country passed a Registered Partnership Act in January 2010.  This Act permits a registered partnership between gay couples, but differs from a legal marriage under the Austrian law.  A same sex couple is restricted in having a choice of name, adopting children, and using artificial insemination.

For more information, please see:

AP – Court: Same-sex Marriage is Not Universal Right – 25 June 2010

BBC NEWS – European Human Rights Court Rejects Gay Marriage Bid – 25 June 2010

IRISH TIMES – Same-sex Marriage Ban Upheld by Court – 25 June 2010

Over 160 Arrested in a Violent Opposition Strike in Bangladesh

By David L. Chaplin II
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – Dozens of political activists have been arrested in Bangladesh after the main opposition parties called for a dawn-to-dusk general strike across the country.  The Bangladesh Nationalist Party (BNP), led by Khaleda Zia, the former prime minister, said the strike on Sunday was in protest against misrule by the government.

Walid Hossain, a police spokesman, said at least 12,000 officers had been deployed in Dhaka to prevent violence as the shutdown of transportation and businesses brought much of the capital and the country to a standstill.  Hossain said around 200 opposition activists were arrested in a precautionary crackdown, many of whom were picked up for torching and damaging vehicles on Saturday night.

 

Over 100 opposition activists were arrested in a police crackdown in the run-up to the strike
Over 100 opposition activists were arrested in a police crackdown in the run-up to the strike

Sahara Khatun, the interior minister, gave warning that the government would prevent violence and lawlessness by all means.

Among those held were at least five leaders of the opposition Bangladesh Nationalist Party (BNP).  Officers said they provoked the strikers to damage public property.

Security forces used tear gas and batons in some areas to break up unruly demonstrations, Police Commissioner A.K.M Shahidul Hoque told CNN by phone from Dhaka, the Bangladeshi capital.  About 18 officers were injured when protesters pelted them with stones, he said.

But Hoque claimed the 12-hour shutdown had little impact on attendance in government offices.  In addition, rail, river and air traffic was normal, although private long-route transport mostly stayed off the road, he said.

In Dhaka, between 1,000 and 1,500 activists held demonstrations in small groups, Hoque said.  The largest protest in the city numbered about 300 strikers, he added.

Bangladesh television said activists of the ruling Awami League party clashed with opposition supporters near a university in Dhaka where witnesses said a legislator and 10 others were injured as police used batons to halt street marches.

Public transport and most businesses remained closed across the country.

Prime Minister Sheikh Hasina, who leads the Bangladesh Awami League, said on Saturday: “The BNP and its stooges are out to frustrate democracy and create anarchy.”

Most Bangladeshis have observed a general strike called by the opposition.  Such general strikes are a regular part of political life in Bangladesh.  Many people treat them as holidays but others avoid going to work in case opposition supporters attack them, he adds.

For more information, please see:

CNN World – More than 160 arrested in violent Bangladesh strike – 27 June 2010

Al-Jazerra English – Bangladesh hit by general strike – 27 June 2010

BBC – Bangladesh opposition stages general strike – 27 June 2010

Nkurunziza Sole Candidate in Upcoming Burundi Elections

By Laura Hirahara
Impunity Watch Reporter, Africa

Bujumbura, Burundi – Pierre Nkunrunziza, incumbent president of Burundi. Observers are concerned that Burundi’s elections scheduled for Monday will throw the country back into violence just 5 years after a civil war that lasted 12 years and claimed an estimated 300,000 lives.  Currently, incumbent president Pierre Nkurunziza is the only candidate in the upcoming presidential race and as such is poised to win.  All opposing candidates have withdrawn from the race alleging election fraud at the local level in spite of requests from the international community for them to rejoin.  Among the candidates who have dropped out is Agathon Rwasa who is rumored to be in hiding in the Democratic Republic of Congo.  Rwasa is the former rebel leader of the National Liberation Forces which surrendered last year, five years after the other warring groups agreed to create a power sharing government.

African Union head, Jean Ping, issued a statement urging those in Burundi who would protest the elections to use only legal means to do so.  “He is appealing urgently to all the political actors to refrain from any action likely to lead Burundi back to the horrors of the past and that could jeopardise the political and democratic progress of the past few years,” the statement continued.

Despite Ping’s plea, almost forty grenade attacks have occurred in the past two weeks alone.  The worst of these, a grenade attack at a bar that injured twenty people, took place in Kayanza in northern Burundi.  Another grenade attack in Muramvya left one child injured.  In addition, numerous political offices across the country have been set on fire.  While suspects are in custody, the tension created by the local elections is only serving to escalate acts of violence throughout Burundi.  Defence Minister Germain Niyoyankana acknowledged the increase in grenade attacks following the opposition’s rejection of the local election results saying, “The situation is still under control . . .[but t]he same Burundians who were responsible for the crisis we went through are still around. They may still have they same mindset.”

For more information please see:

American Free Press, AU concerned about Burundi poll, 25 June, 2010

American Free Press, 21 hurt in new Burundi grenade attacks: police, 19 June, 2010

BBC News, African Union warns Burundi politicians ahead of vote, 25 June, 2010

BBC News, Burundi mystery over ex-rebel chief Rwasa’s whereabouts, 24 June, 2010

Ecuador Summit for Diversity Protested by Indigenous Group

By R. Renee Yaworsky
Impunity Watch Reporter, South America

OTAVALO, Ecuador—New goals for social justice and diversity have been set in Ecuador.  A declaration to promote indigenous rights was signed by Latin American leaders at a summit in Otavalo.  The hope is that culturally diverse and environmentally responsible societies will be defended and encouraged.  Efforts were focused on integration and recognition of black and indigenous cultures.

The 10th Summit of the Bolivarian Alliance for the Americas (ALBA) concluded Friday.  About 300 government delegates and representatives from ALBA discussed “plurinational states” and efforts to avoid use of history that “remains written from the European or the Anglo-Saxon point of view.”  Another concern was to ensure that “countries have environmental policies to protect ecosystems.”

The text of the Declaration of Otavalo illustrates the commitment of ALBA member states to fight against racism, xenophobia and intolerance.  It also includes plans to construct an alternative model of economic sovereignty and promotes the concept of a multinational state.  The document has items on climate change and a promotion of a Universal Declaration of the Rights of Mother Earth within the framework of the United Nations.  Among those signing the final document were the presidents of Ecuador, Venezuela and Bolivia and the vice-president of Cuba.

The Declaration of Otavalo promises that “the State will guarantee social participation and a fair and equitable distribution of benefits and the management, administration and exploitation of non-renewable natural resources.”

Outside the summit’s venue, Ecuador’s main indigenous organization protested.  Members angrily complained that their views were not being represented.  Indigenous leaders had attempted to enter the summit but were blocked by police.  The leaders had wanted to hand a written statement to Bolivia’s President Morales, who is an indigenous Aymara.

The organization, Conaie (the Confederation of Indigenous Nationalities of Ecuador), had been an important ally to Ecuador’s President Correa during elections.  Along with other indigenous organizations, Conaie represents about 40% of the country’s population.

The relationship between Correa and Conaie has been strained lately because of concerns over mining, oil development and water rights.  Conaie accuses the president of backing a mining law that would allow foreign companies to open mines on their ancestral territories.  They would like Correa to give indigenous communities in the Andes mountains and Amazon rainforest more control over their own affairs.

The presidents of Ecuador, Venezuela, and Bolivia ended the summit with a call for indigenous unity.

For more information, please see:

BBC-Protests challenge Ecuador indigenous summit-26 June 2010

Radio Cadena Agramonet-The ALBA Summit: New Goals of Social Justice-26 June 2010

El Universal-Chavez, Morales and Correa close 10th ALBA summit-25 June 2010

Beating Death of Young Man Illuminates Culture of Police Impunity in Egypt, Sparks Public Uproar

By Dallas Steele
Impunity Watch Reporter, Middle East

[Warning: Graphic photo at the end of the article.]

ALEXANDRIA, Egypt– Twenty-eight-year-old Khaled Said was forcibly dragged from an internet café and savagely beaten to death by two plainclothes police officers in broad daylight. Although Khaled’s death occurred on June 6, 2010, public prosecutors have not yet summoned for interrogation any of the key players involved in the incident, including the two plainclothes officers involved in the death.  The lack of accountability by investigators, and allegations that Khaled was intentionally murdered by the police have sparked a wave of demonstrations across Alexandria.

One of the nine witnesses that came forward as witnesses to the beating, Haitham Misbah, the son of the internet café owner, told investigators how the plainclothes officers did not ask Khaled any questions before they began to beat him. Misbah described how the officers continually smashed Khaled’s head against a marble wall and iron wrought fence before he fell to the ground and was continually kicked long after he stopped moving. Numerous witnesses say Khaled’s last words were, “I am dying. I am going to die.” Allegedly, the plainclothes officers replied:“You’re already dead.”

Misbah said that when he attempted to intervene, the officers told him to stay out and threatened to shut down the café. Other witnesses have only recently come forward for fear of reprisal from law enforcement authorities in the area.

The initial investigation by the local prosecutor concluded that Khaled died of asphyxiation after swallowing a packet of drugs when he saw the plainclothes officers approaching him. The investigation into Khaled’s death reportedly failed to gather any evidence from the scene of the crime or interview any witnesses. The two plainclothes officers allegedly responsible for Khaled’s death remain on active duty and have yet to be questioned by the prosecutor. Furthermore, reports have emerged that the officers responsible for Khaled’s death returned to the area of the incident days later and threatened people not to cause trouble for them.

After public protest over the incompetence of the first inquisition, a second, higher-level investigation was conducted. The forensic medical investigation in the second inquest also said that the cause of Khaled’s death was asphyxiation. However, the second medical report also stated that Khaled suffered numerous injuries from the beatings and concluded that there was “nothing to prevent the injuries from having occurred as a result of beating during the arrest of the victim.”

The entire incident has caused a public uproar in Egypt, and has resulted in various demonstrations. Certain individuals protesting Khaled’s death and the two inquests are claiming that Khaled was targeted for trying to expose official corruption in the area. Others are claiming that Khaled’s death is direct evidence that Egypt’s emergency law, created thirty years ago following President Sadat’s assassination by an Islamic militant, has created a culture of police impunity in Egypt.

Khaled Said apparently died of asphyxiation
Photographs of Khaled Said from the Facebook group organized to protest his death. (Photo Courtesy of Facebook)

For more information, please see:

BBC – Mohamed ElBaradei leads Egypt ‘police death’ protest – 25 June 2010

CNN – Demonstrators in Egypt rail against brutality, man’s death – 25 June 2010

Human Rights Watch – Egypt: Prosecute Police in Beating Death – 24 June 2010