ECHR: Legislation Introduced by Russia to Stifle Dissent about War in Ukraine Violates Freedom of Expression.

By: Bridget Congo 

Impunity Watch News Staff Writer

 

STRASBOURG, FRANCE— On February 11, 2025, in the case Novaya Gazeta and Others v. Russia, the European Court of Human Rights (ECHR) issued a ruling against the Russian Federation, finding that it violated the European Convention on Human Rights by passing laws that oppressed free speech regarding the war in Ukraine. 

 
Yevgeny Roizman, a Russian opposition politician, was detained and investigated for criticizing Russia’s involvement in the military conflict in Ukraine. Photo Courtesy of REUTERS.
  

On February 24, 2022, when Russia invaded Ukraine, their Federal Services for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor, the “RKN”) mandated that media outlets utilize only official Russian sources for reporting on the operation, threatening immediate blocking of materials deemed “false” as well as issuing take-down requests (“TDRs”). Then, on March 4, 2022, Russia’s parliament enacted legislation that made sweeping amendments to their Code of Administrative Offences (the “CAO”) and their Criminal Code – criminalizing the dissemination of “fake news” about the military, with penalties of up to 15 years in prison. Subsequently, numerous independent media websites were blocked for their coverage of the conflict. Individuals were also implicated under these new laws. This case comprises two (2) independent media outlets, Novaya Gazeta and Dozhd TV, as well as 161 other individual applicants who faced convictions through criminal or administrative proceedings for expressing dissenting views on Russia’s military action in Ukraine. In May 2022, the RKN charged Novaya Gazeta with disseminating “fake news”, an offence under Article 13.15(9) of the CAO. Most individuals in this case were charged under either Article 207.3 of the Criminal Code or Articles 13.15 and 20.3 of the CAO. 

The ECHR concluded that Russia’s actions constituted a coordinated effort to suppress dissenting opinions regarding the war in Ukraine. The Court emphasized that the imposed sanctions were exceptionally severe and served to intimidate society, effectively silencing independent voices on matters of critical public interest. Consequently, the Court held that Russia violated Articles 10 and 34 of the European Convention on Human Rights, along with other provisions concerning specific applicants. 

The Court determined unanimously that Russia violated Article 10, citing systematic suppression of dissenting voices, with national courts penalizing any narratives using the term “war” instead of the official portrayals of the invasion as “special military operations.” The Court emphasized that even during emergencies, freedom of political speech must be protected under the public interest of democratic society and that applicant’s statements did not incite violence or unlawful activities. Finally, the Court noted an absence of efforts by Russia to balance national security interests with the public’s right to information on significant issues like armed conflict and alleged war crimes. 

 The Court found a violation of Article 34 concerning the Novaya Gazeta media outlet. Despite interim measures issued by the Court, Russian authorities revoked the newspaper’s publication license and blocked access to its websites, undermining the right to individual petition. 

The court identified additional breaches involving five (5) applicants. First, Article 3 (Prohibition of Inhuman or Degrading Treatment), applicants were subjected to confinement in metal cages or narrow glass cabins during detention hearings. Second, Article 5 §§ 1, 3, and 4 (Right to Liberty and Security), issues included unwarranted arrests, pre-trial detentions, and delays in reviewing appeals against detention orders. Finally, Article 8 (Right to Respect and Family Life), unjustified searches of applicants’ homes were conducted by Russian officials without proper justification. 



For further information, please see:

Blackstone Chambers — Novaya Gazeta and Others v. Russia — 12 Feb. 2025

ECHR — Judgment Novaya Gazeta and Others v. Russia — 2 Feb. 2025

Reuters News — Russia fights back in information war with jail warning — 4 Mar. 2022 





Green Card Holding Columbia Graduate Arrested by Federal Immigration Enforcement

By Leila Barghouty 

Journal of Global Rights and Organizations, Associate Articles Editor

New York City, U.S. — Mahmoud Khalil, a recent Columbia graduate and lawful permanent resident who was arrested by Immigration and Customs Enforcement (“I.C.E.”) on March 8 and faces deportation, will remain at a detention facility in Louisiana while the court determines whether or not to grant a motion to compel that would require the government to return Khalil to New York City, where he lives and was arrested.  

 
Mahmoud Khalil at Columbia University in New York during a pro-Palestinian protest on April 29, 2024. Photo Courtesy of AP Photo by Ted Shaffrey.
  

The motion was heard as part of a brief hearing before Judge Jesse M. Furman — a federal judge of the United States District Court for the Southern District of New York — on March 12, during which Judge Furman also ruled that Khalil would be granted one attorney-client call on March 12 and one the following day. Khalil had been previously barred from speaking to his lawyers or family while in detention. 

Despite being a green card holder, many believe Khalil has been targeted for his role as a pro-Palestine student activist. A petition for the writ of habeas corpus was filed by Khalil’s attorney, Amy Greer, on March 9, stated that this activism included “calling on the rest of the world to stop providing weapons and support to enable the genocide in contravention with international law.” The petition stresses that speech regarding international law and the obligations of the U.S. therein is “clearly protected by the First Amendment.” During his arrest, I.C.E. agents indicated that Khalil’s green card may have been revoked without due process. A March 10 order by Judge Furman blocked Khalil’s deportation pending court order. 

The American Civil Liberties Union and the New York Civil Liberties Union joined Khalil’s legal team shortly after his arrest. An amended petition for the writ of habeas corpus was filed on March 13. The amended petition states that the respondents, members of the Trump administration, have adopted a retaliatory policy to punish non-citizen protesters who are critical of Israel, a U.S. ally. A motion to compel  under the All Writs Act, 28 U.S.C. § 1691, was also filed on behalf of Khalil for an order to return him to New York for the duration of proceedings.

Khalil’s arrest has gained widespread criticism by First Amendment and international human rights advocates as many view it as an attempt by the Trump administration to chill free speech — particularly by international students on college campuses — as it ramps up aggressive deportation campaigns. The ACLU called Khalil’s arrest and possible deportation “unlawful” and a representation of the administration’s “efforts to silence speech of which they are critical.” 

 

For further information, please see: 

 

ACLU – Khalil v. Trump, Amended Petition for Writ of Habeas Corpus and Complaint – 13 Mar. 2025

ACLU – Khalil v. Trump, Notice of Conference – 10 Mar. 2025

ACLU  – Khalil v. Trump, Petition for Writ of Habeas Corpus – 9 Mar. 2025

The Associated Press – Columbia grad student’s detention will stretch on as lawyers spar over Trump’s plan to deport him – 12 Mar. 2025

The Associated Press – Federal agents are seen arresting Palestinian activist Mahmoud Khalil in a newly released video – 14 Mar. 2025

PACER – Khalil v. Trump, Order of the court – 12 Mar. 2025




Belize, Cuba, and Ireland Seek to Intervene in ICJ Genocide Case Against Israel

By: Sarah Peck 

Impunity Watch News Staff Writer 

 

THE HAGUE, Netherlands – In January 2025, Belize, Cuba, and Ireland joined the growing list of countries that have applied with the International Court of Justice (ICJ) for permission to intervene in the high-profile case of South Africa v. Israel, concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. South Africa initiated the case in December 2023, alleging that Israel violated its obligations under the Genocide Convention through actions taken during its military operations in Gaza. These operations followed the October 7, 2023, attacks by Hamas, which resulted in over 1,200 Israeli deaths and hundreds of hostages. In response, Israel launched military action in Gaza, leading to widespread destruction, tens of thousands of Palestinian casualties, and a humanitarian crisis.

 
Photo of the Peace Palace in The Hague, Netherlands. Photo Courtesy of the ICJ.
  

The ICJ issued provisional measures on January 26, 2024, when the Court ordered Israel to “take all measures within its power to prevent the commission of all acts within the scope of Article II of [The Genocide Convention]”, including killing members of the group, causing serious bodily or mental harm, deliberately inflicting “conditions of life calculated to bring about its physical destruction in whole or in part”, and imposing measure intended to prevent births within the group. Per the Court’s order, Israel is required to ensure its military comply with the order, take all measures within its power to prevent and punish direct and public incitement to commit genocide, enable humanitarian aid, preserve evidence, and report compliance with the Court. The case has drawn international scrutiny, prompting several nations to seek involvement through legal intervention.

The interventions by Belize, Cuba, and Ireland reflect a growing international interest in the case, as states invoke their rights under Article 63 of the ICJ Statute. This provision allows any state party to a convention under interpretation, in this case the Genocide Convention, to intervene if it has an interest in the legal questions at hand. While intervening states do not become parties to the dispute, their submissions can influence the Court’s interpretation of international law.

Each country’s decision to intervene highlights differing global perspectives on the conflict and the application of international legal norms. Belize and Cuba have historically aligned with pro-Palestinian positions in international forums, while Ireland has been vocal about human rights issues in the region, often criticizing Israel’s policies in the occupied Palestinian territories. Their involvement underscores the broader geopolitical implications of the case, as debates regarding military actions and the protection of civilian populations remain central to international relations.

As the proceedings continue, the ICJ’s eventual ruling could have far-reaching consequences for the interpretation of the Genocide Convention, state accountability for alleged violations, and the future of international humanitarian law. Beyond its legal implications, the case may influence diplomatic relations and shape global norms on accountability for mass atrocities. The Court’s decisions in the coming months will be closely watched by governments, legal experts, and human rights organizations worldwide.

 

For further information, please see: 

ICJ – Application for Permission to Intervene and Declaration of Intervention of Belize – 30 Jan. 2025

ICJ – Application for Permission to Intervene and Declaration of Intervention of Cuba – 8 Jan. 2025

ICJ – Application for Permission to Intervene and Declaration of Intervention of Ireland – 6 Jan. 2025 

ICJ – Order – 26 Jan. 2024





After Nearly Thirty Years, the Inter-American Court of Human Rights Compels Peru to Comply with Prior Decisions In an Effort to Uphold the Right to Fair Trial and Judicial Protection

By: Jocelyn Anctil 

Impunity Watch News Staff Writer 

SAN JOSÉ, Peru – After Peru commenced the privatization of state-owned companies in 1991, the government liquidated the Empresa Comercializadora de Alimentos S.A. (ECASA), along with the jobs of approximately three thousand employees. Although a salary increase was established through bargaining agreements, the government suspended them. In response, the dismissed workers of the ECASA filed an action of protection. The Supreme Court of Justice ruled in favor of the workers and ordered execution of its decision in February of 1993. The process for execution of this decision has remained open for twenty-six years. The Inter-American Commission on Human Rights referred the case to the Inter-American Court of Human Rights (IACHR) after finding that Peruvian judicial authorities failed to definitively resolve the issues.

Finally, the case was heard by the IACHR which reached a decision on June 6, 2024. The American Commission on Human Rights asked the IACHR to declare the State of Peru responsible for multiple violations of the American Convention on Human Rights, including the right to a fair trial. The IACHR agreed and ruled in favor of the workers. Article 25 of the Convention gives the right to judicial protection. The court found that in order for judicial protection to be effective, states must have the ability and mechanisms to execute final judgements. Peru is to pay $5,000 to each victim identified in the case. In case there are more victims unaccounted for, the court also stated Peru is to create a trade union register.

 
Attendees of a hearing of the Inter-American Court of Human Rights (IACHR). Photo courtesy of EFE/Alexander Otarola.
  

This decision relates to a bigger issue: The Peruvian State has failed to enforce judgements against state entities since the 1990s. At a domestic level, courts often delay execution or do not execute the judgement at all. This creates complications as victims die while waiting for enforcement. Peru has not adopted or created the measures necessary to remedy this pattern and avoid future violations. As a result, the IACHR also urges Peru to hold a forum for debate and reflection to analyze the structural issues and allow the workers of ECASA and their family members involved in this case to participate. In an effort to decrease unreasonable delays and increase efficiency, the IACHR also ordered the Peruvian State to implement a mandatory training to inform judges who are unaware of how to handle and execute actions of protection.

 

For further information please see,

IACHR – Judgments – 24 Feb. 2025

OAS – IACHR refers case on Peru to the Inter-American Court – 11 Jan. 2021

Agencia EFE – CorteIDH condena a Perú por violar los derechos de trabajadores – 16 Nov. 2024

NY Law Globalex – The Amparo Context in Latin American Jurisdiction: An Approach to an Empowering Action – Mar. 2023 



ECHR Declares Italy’s Failure to Address Criminal Organization Dumpsites Constitutes Violation of Right to Life

By: Jacob Samoray

Journal of Global Rights and Organizations, Senior Article Editor

 

ITALY – The European Court of Human Rights ruled late last month that inaction by the Italian State in addressing the illegal dumping, burning, and burying of garbage on private land across the Campania region. The waste included hazardous materials, and increased rates of cancer and groundwater pollution have been recorded in the area, effects linked to illegal dumping in the area. This dumping has overwhelmingly been carried out by organized crime syndicates that operate in the Terra dei Fuochi region of Campania.

The court announced in a Chamber judgement that the Italian government’s failure to adequately respond to the situation constituted a violation of the ECHR’s Article 2 Right to Life. The Court paid particular attention to what it perceived to be a serious failure to act diligently and expeditiously despite the State’s knowledge of the situation and its severity. The ECHR Court requested that the state draft a “comprehensive strategy” to address the situation, including the creation of independent monitoring mechanisms and creation of a means of informing the public of the situation, and any dangers presented to them. A 2-year time-limit has been set by the Court for Italy to meet these requests, during which time the pending applications against the State will be adjourned.

 
Illegal burn pile in Scafati, Italy, near Naples. Photo courtesy of Angelo Ferrillo.
  

Campania holds 90 municipalities including Naples, the regional capital, and is home to roughly 2.9 million Italian citizens. The initial suit was brought by 41 Italian nationals who live in the Campania region, as well as 5 different organizations based in the region.

The epidemic is largely linked to criminal organizations operating illegal waste disposal services. The Camorra, the primary syndicate behind such operations, began waste disposal operations in the mid-1980’s due to the significantly lower risk compared to other illicit operations, paired with the high potential for profits. The organization operates by undercutting legitimate waste disposal companies who are bound by environmental regulations, taxes on business, and safety requirements that have the effect of driving up the prices of waste disposal. Costs are cut by completely disregarding these safety guidelines, dumping hazardous waste and municipal garbage in quarries, glens, and private property all across the region. This tactic of undercutting legitimate waste disposal services has led to a near monopoly on waste management in Campania for The Camorra.

While the Italian government has taken steps to address issues of land pollution and air pollution due to burning of hazardous waste (increasing law enforcement efforts cracking down on illegal dumping; increasing punishments for illegally burning trash; adoption of legislative decrees creating government groups to combat the issue) efforts only began as late as 2014, and have not been effective in combatting the environmental damage and health crisis posed by such operations. Recent crackdowns by law enforcement, bolstered by harsher penalties, have been effective in causing Camorra members to inform on their organization to authorities. With any hope, the international pressure of the ECHR will provide further pressure to address the issue more effectively.

 

For further information, please see:

ECHR – Cannavacciuolo and Others v. Italy – 1 Jan. 2025.

ECHR – Judgment concerning Italy – 1 Jan. 2025.

ECHR – Prolonged inaction by Italian State on widespread dumping put Terra dei Fuochi residents’ lives at risk – 30 Jan. 2025.

National Museum of Organized Crime and Law Enforcement – The Camorra and the Garbage Racket in the ‘Land of Fires’ – 23 Mar. 2020.