Azerbaijani City Renovations Bring Expropriations and Demolitions

Azerbaijani City Renovations Bring Expropriations and Demolitions

by Tyler Yates
Impunity Watch Reporter, Middle East

BAKU, Azerbaijan – A government led “beautification” project in the Azerbaijani capital, Baku, has resulted in forced evictions, house demolitions, and illegal expropriations.

A recently destroyed house in Central Baku (Photo courtesy of Human Rights Watch).
A recently destroyed house in Central Baku (Photo courtesy of Human Rights Watch).

The project was begun in 2009 to address what President Ilham Aliyev has called an “issue…of biggest concern to people,” the growing disrepair of the capital city and its suburbs.

The long-term plan began with the laying of roads and the building of new infrastructure.  Water and sanitation are to be improved, as are the condition of schools and cultural monuments.

Ilham Aliyev cited the renovations as a necessary step in familiarizing the rest of the world with Azerbaijan, and bettering their position internationally.

In the continuation of the project, the government has begun to expropriate and demolish the homes of many of its private citizens living in the city center.  Human Rights Watch puts the number of displaced homeowners and residents somewhere from in the hundreds to possibly the thousands, creating widespread violations of private property rights.

The “so-called ‘beautification’ project…isn’t just destroying homes in Baku, it’s destroying people’s lives,” said Jane Buchanan, Europe and Central Asia researcher at Human Rights Watch.  “The Azerbaijani authorities need to put an immediate halt to forced expropriations, evictions, and demolitions in Baku.”

On 13 June 2011 police were called to a building slated for demolition after the owners and tenants of the building painted a message on the interior walls: “This is private property and the destruction of this house violates the Constitution, and the European Convention on Human Rights.”

The house is owned by Leyla Yunus, a leading human rights defender in Azerbaijan, and it offices numerous human rights groups that provide crucial legal and other support to victims of human rights abuses in Azerbaijan.  Its destruction would be a huge blow to Azerbaijani human rights.

There have been reports from other Azerbaijani homeowners that demolition crews have begun demolishing some homes with the residents still inside.  Other residents have been forced out by police and detained only to come home to a pile of rubble with most of their possessions destroyed and valuables missing.

Compensation in many of the cases has been far below market value for property in Central Baku.  Authorities have designated a price of 1,500 manat (US $1,900) per square meter, regardless of the land’s use, age, or condition.  Independent appraisals have found the land to be worth around 4,000 manat (US $5,605) per square meter.  Compensation does not include the destruction of possessions.

There is no basis for the expropriations in Azerbaijani law, which guarantees the rights to private property, and allows expropriations only in limited cases with a court order.

For more information, please see:

Human Rights Watch – Azerbaijan: Halt Illegal House Demolitions, Forced Evictions – 13 June 2011

Human Rights Watch – Open Letter to President Aliyev Regarding House Demolition and Expropriation – 13 June 2011

News.AZ – All social and economic issues to be settled in Baku suburb – 25 May 2011

News.AZ – President inspects development work in Baku villages – 20 May 2011

New Legislation May Threaten Free Speech, Expression in the U.S.

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The controversial Supreme Court ruling in Snyder v. Phelps has sparked new legislation dealing with free speech.  Fourteen states are now seeking to pass a bill that would extend the “buffer zones” and “quiet time” associated with military funerals.  Although the Supreme Court has deemed these limitations constitutional, many are skeptical that the bill will severely limit free speech and expression in the United States.

Westboro Baptist Church members protest with unsettling signs (image courtesy of CNN.com)
Westboro Baptist Church members protest with unsettling signs (image courtesy of CNN.com)

As reported by RecordNet.com, Westboro Baptist Church made headlines with its divisive protests at military funerals in 1998.  In 2006, the church protested the funeral of Marine, Matthew Snyder, believing his death signaled the consequence of God’s wrath towards homosexual tolerance in the United States.  Westboro Baptist is infamous for their hate-filled signs including: “God hates fags” and “Thank God for Dead Soldiers.”

In early March, the Supreme Court ruled in an 8-1 decision that Westboro’s message was protected speech under the First Amendment.  According to The Washington Post, the American public has mixed reactions.  A poll from the AP, GfK and the National Constitution Center shows that 70% of Americans agree that free speech rights are fundamental and require protection “even if they take [deeply offensive] positions.”

However, many states are now passing bills that put stricter limitations on military funeral protests.  According to Patch.com, Senate Bill 888 in California would make it a misdemeanor to picket a military funeral, unless protestors are at least 1,000 feet from the funeral and located on public property.  Also, the “quiet time” would be extended to a period one hour before and after the funeral.

There are mixed feelings about the new restrictions.  Cornell law professor, Steven Shiffrin made his concerns clear in his interview with USA Today.  “To me, this turns First Amendment values upside down.”  Shiffrin goes on to say that these new laws are vulnerable because of their application to military funerals and not all funerals.

Legislative director of the American Civil Liberties Union (ACLU) of Oregon, Andrea Meyer agrees with Shiffrin.  “The proposal violates the state’s guarantee of free expression,” she shared with USA Today. 

On the other hand, there are also people supporting the proposed legislation, arguing that families should not have to tolerate hateful protests.  State Senator Ted Lieu sponsored California’s proposed bill, which passed in the state Senate by an overwhelming 36-1 vote yesterday.  He terms the Snyder ruling a “stupid decision.”

More and more states are passing these restrictive bills, but, according to RecordNet, “free speech rights almost always must trump hurt feelings and the pain it can cause in a free society.”

For more information, please see:

ManhattanBeachPatch.com — State Measure Would Restrict Funeral Protests – 6 June 2011

Recordnet.com — The Right to be Left Alone— 6 June 2011

USAToday.com — States Look to Guarantee Civility at Military Funerals — 3 June 2011

The Washington Post — Westboro Baptist Church Wins Supreme Court Case for Right to Protest Military Funerals — 3 March 2011

CROATIA’S COOPERATION IN PROSECUTING WAR CRIMINALS PAYS OFF

By Greg Hall
Impunity Watch Reporter, Europe

LONDON, England – After six years, Croatia has finally satisfied the requirements to be admitted into the European Union. Croatia’s bid was slowed by its past failures to cooperate fully in the prosecution of war criminals.

Former ministry official Tomislav Mercep was arrested last week and charged with war crimes against Serbs during the 1990s. Croatias human rights record has been an impediment to accession into the European Union. (Photo Courtesy of RadioFree Europe).
Mercep was arrested last week for war crimes against the Serbs during the 1990s. (Photo Courtesy of RadioFree Europe).

The president of the European Commission, José Manuel Barroso, said he was proposing completion of negotiations with Croatia, signifying that it had met the European Union’s requirements in a total of thirty-five policy areas. “This paves the way for Croatia to join the EU as the 28th member state as of 1 July 2013.” EU leaders are expected to approve accession at a summit on June 23-24.

Croatian people would have sought membership in the European Union much earlier than now.  However, before Croatia could begin its bid, it needed approval from then chief prosecutor for the United Nations Criminal Tribunal for the former Yugoslavia.  Thus, from the beginning, proceedings from The Hague had a direct impact on Croatia’s accession to the European Union.

For Croatians, this was not an easy accomplishment.  Many Croatians viewed previous military leaders and politicians as heroes because they fought for their country, despite the allegations against them .

General Ante Gotovina was arrested in 2005 for crimes against humanity and sentenced to twenty-four years in prison for his involvement in the country’s war for independence.  Gotovina’s extradition and conviction lessened Croatian support for joining the European Union from 53 percent to 44 percent.  Currently, Croatian support is up to 50 percent but expected to increase with Pope Benedict’s recent show of support.

Croatia recently indicted another former senior interior ministry official on Thursday, Tomislav Mercep, who has been charged with war crimes against Serb civilians at the beginning of the country’s independence war.

Though not all Croatians support accession, Croatia will likely be better off complying with the EU’s admission standards. Finland, like Croatia, had its doubts when it first joined. Finland’s approval rate of being part of the EU is now over 70%.

Croatia’s Deputy Prime Minister, Domagoj Milosevic, believes that joining the EU will significantly help the economy.  Other Croatians believe membership is a natural fit as they see themselves as part of “Western civilization.”

The international community supports Croatia’s accession. British Prime Minister David Cameron, said it was a “historic day.’’

“Croatia, in my view, belongs in the European Union,’’ he said.

For more information, please see:

Pakistan Observer – Croatia Charges Former War Criminal With War Crimes – 10 June 2011

New York Times – Croatia Given Conditional Approval to Join EU in 2013– 10 June 2011

Deutsche Welle – Between Apathy and Euphoria: Croatia’s Path to the EU – 10 June 2011

BBC – Croatia Cleared for EU Membership in 2013 – 10 June 2011

Former mayor of Tijuana´s arrest may have been politically motivated

By Paula Buzzi
Impunity Watch Reporter, South America

MEXICO CITY, Mexico – Former mayor of Tijuana, Jorge Hank Rhon, was formally charged on Wednesday by Federal Prosecutors in Mexico with possession of prohibited weapons.  According to military officials, 88 firearms and between 8,000 and 9,000 ammunition rounds were seized in the raid of Hank’s vast compound in Tijuana.  Most of the guns were limited by law to use solely by the armed forces.

Former Tijuana mayor charged in weapons case (Photo courtesy of The Washington Post) Former Tijuana mayor charged in weapons case. (Photo courtesy of The Washington Post).

Hank’s attorneys have suggested that the confiscated weapons were properly licensed and legitimate methods to protect the former mayor’s business interests. They also stated that some of the weapons are thought to have been planted.

From 2004 to 2007, Hank served as the mayor of Tijuana. He is currently one of the country’s wealthiest men, having inherited his father’s fortune. His father, Carlos Hank Gonzalez, formerly served as the governor of Mexico and a powerbroker of the then ruling Institutional Revolutionary Party (PRI).

Hank’s position as a major figure within the PRI, the now opposition party in Mexico, has led to allegations by its members that his arrest was a politically motivated move orchestrated by the conservative National Action Party, or PAN. PAN is currently President Calderon’s party and is far behind PRI in the early polls for the 2012 elections.

Hank’s arrest sparked a whirlwind of protests in Tijuana last week. Dressed in red and yelling “Viva Hank,” thousands of his supporters gathered demanding Hank’s release. One large banner read “The anonymous tip came from Los Pinos,” referring to President Calderon’s residence.

Calderon officials denied any involvement.

“There is no witch hunt, of course not. Every case is supported by evidence,” stated Mexico’s attorney general, Marisela Morales.

Columnist Martin Moreno was in support of Hank’s arrest. “Let’s not confuse ourselves, Jorge Hank Rhon … represents the PRI and is the emblem of the abuses, corruption and decadence of PRI-ism,” he wrote in his column in the Daily Excelsior.

Pablo Salazar Mendiguchia, former governor of Chiapas, joins Hank Rohn among politicians facing criminal charges. Mendiguchia was arrested in Cancun on Tuesday on charges of stealing $9 million from public funds before leaving office in 2006.

For more information, please see:

Los Angeles Times World —Raid puts Mexican casino mogul in sympathetic light —12 June 2011

BBC News —Ex-Tijuana mayor Hank Rhon on weapon charges—8 June 2011

Los Angeles Times — Mexico authorities return former mayor to Tijuana to face arms charges —8 June 2011

The Washington Post —Former Tijuana mayor charged in weapons case —8 June 2011