EU’s Top Court Condemns ‘Gay Testing’ of Asylum Seekers

European Court of Justice, Luxembourg. Photo Courtesy of Geert Vanden Wijngaert.

By Jenilyn Brhel
Impunity Watch Reporter, Europe

LUXEMBOURG – The European Union’s top court issued a ruling requiring Hungary to reconsider the case of a Nigerian man whose asylum application was denied after psychological tests could not determine his sexual orientation.

Officials in Hungary administered improper psychological tests, “namely the ‘Draw-A-Person-In-The-Rain’ test and the Rorschach and Szondi tests,” on an unidentified Nigerian man seeking refuge in the country, according to the ruling. The man was seeking asylum due to feared persecution he faced in Nigeria on account of his sexuality.

In April 2015, the man, known as “F”, applied for asylum in Hungary. He was then subjected to several psychological assessment tests that were allegedly used to determined his sexuality. At the conclusion of the tests, the psychologist determined the results of the tests were inconclusive and the man’s asylum application was rejected.

Same-sex marriage is prohibited in Nigeria.  According to polls conducted in the country, 90% of citizens support a continued ban on same-sex relationships. Homosexual acts are illegal in most African countries.

The EU ruled in 2013 that asylum could be granted to those who were jailed because of their sexual orientation.

The European Union’s top court found that the tests amounted to “a disproportionate interference in the private life of the asylum seekers.”

The European Union Agency for Fundamental Rights reports that hundreds of asylum seekers seeking refuge in European Union are homosexuals fearing persecution in Africa, the Middle East and Chechnya.

In a similar case  in the Netherlands in 2014, the EU ruled that sexuality tests there violated the rights of asylum seekers.

The Court allows countries to seek expert opinions in assessing “the facts and circumstances relating to the declared sexual orientation of an applicant” but mandates that the procedures respect the EU Charter’s guaranteed fundamental human rights. Additionally, authorities may not base decisions on expert opinion alone and expert opinions must be considered as non-binding.

The use of psychological tests has been criticized for their intrusion into “the most intimate aspects of life”, according to the judgment. In 2010, authorities in the Czech Republic were criticized for their use of pornography in psychological tests.

The ruling has been called an “important step against one of the many problems and humiliations LGBT refugees still face in many EU member states” by Katrin Hugendubel, Advocacy Director for ILGA-Europe, a human rights advocacy organization in Europe.

The ruling is binding in the 28 member states of the EU.

For more information, please see:

BBC News – Asylum Seekers Must not be Forced to Take ‘gay’ Tests – 25 January 2018

Newsweek – ‘Gay Tests’ for Refugees in Europe Should be Banned, Says Court – 25 January 2018

NPR – EU Court Rejects ‘Gay Test’ for Asylum Seekers – 25 January 2018

Reuters – EU Court Bars ‘Gay Test’ for Asylum Seekers – 25 January 2018

Poland’s Holocaust Bill Stirs International Condemnation

By Jenilyn Brhel
Impunity Watch Reporter, Europe

WARSAW, Poland – A controversial new Holocaust speech bill that would impose jail terms for individuals suggesting Poland was complicit in the Holocaust is drawing international condemnation.

Anna Azari, Israel’s ambassador to Poland, leaves a meeting with the Polish Senate on February 1, 2018. Photo Courtesy of Agencja Gazeta.

In a 57-23 vote and two abstentions, the Polish Parliament passed the measure on Thursday, February 1, the eve of Holocaust Remembrance Day. The law must be signed by President Andrzej Duda before becoming law.

If passed, the law will impose at a minimum fines and at a  maximum three-year prison sentences for individuals who mention phrases like “Polish death camps.”

The legislation specifically states that “whoever accuses, publicly and against the facts, the Polish nation, or the Polish state, of being responsible or complicit in the Nazi crimes committed by the Third German Reich … shall be subject to a fine or a penalty of imprisonment of up to three years”.

Poland was invaded and occupied by Nazi Germany in 1939. Death camps built by Germans were operated on Polish land. Three million Polish Jews were killed in the Holocaust.

Under mounting international pressure, President Duda has agreed to review the bill to determine whether he will sign it, but has stated that “we, as a state, as a nation, have a right to defend ourselves from an evident slander, an evident falsification of historical truth, which, in this case, for us is a slap in the face.”

Congress has urged Polish officials not to pass the bill, stating concerns that the bill will inhibit freedom of speech and threaten Poland’s international relationships.

Benjamin Netanyahu, Israel’s Prime Minister called the law “baseless; I strongly oppose it,” in a statement released on Saturday. “One cannot change history, and the Holocaust cannot be denied.”

International organizations such as Israel’s Holocaust Museum, Yad Vashem, the United States Holocaust Memorial Museum and the Simon Wiesenthal Center in Los Angeles have also condemned the legislation.

The bill has resulted in a resurgence of anti-Semitism in the country. Anti-Semitic comments on social media in Poland have increased, with minority groups calling on President Duda to “counteract all forms of xenophobia, intolerance and antisemitism.”

A number of Polish artists, journalists and politicians have signed an open letter calling for the bill’s repeal.

The pending legislation has been in preparation for more than a year. President Duda has three weeks to decide whether to pass the law.

For more information, please see:

ABC News – Minority Groups in Poland Decry Aggression, Anti-Semitism – 4 February 2018

BBC News – Poland’s Senate Passes Controversial Holocaust Bill – 1 February 2018

The New York Times – Poland’s Holocaust Blame Bill – 29 January 2018

The New York Times – Poland Tries to Curb Holocaust Speech, and Israel Puts up a Fight

Reuters – Pressure Mounts on Poland to Back Away From Holocaust Bill – 3 February 2018

Ecuador votes on re-election limits

By: Emily Green
Impunity Watch Reporter, South America

QUITO, Ecuador – Ecuadoreans are voting in a referendum that has become a test of popularity between their current president and his predecessor. Voters are choosing whether or not to get rid of unlimited presidential terms.

President Moreno holds up his ballot voting in favor of a constitutional referendum. Image Courtesy of Dolores Ochoa.

The referendum was created by the current president, Lenin Moreno, to implement a two-term presidential limit. President Moreno was once the protégé and deputy to former President Rafael Correa. However, President Moreno and Correa have entered a bitter feud since President Moreno took office last year. Correa does not approve of President Moreno’s initiatives to work with business leaders who were at odds with his previous government. Although they won office under the same party, the two went through a very public separation.

This referendum is aimed at preventing Correa, who already served two terms, from ever returning to power. It has been seen as a popularity test between the two leaders. Ecuadorean news reported the vote as a way for President Moreno to “distance himself from his predecessor and consolidate his political process.” President Moreno hopes that the vote will close the door to Correa’s candidacy in the 2021 election. He explained, “corruption sets in when you have only one government that thinks it will stay on forever.”

There have been protests throughout the week against Correa as he campaigns against the referendum. In one instance, trash was hurled onto his vehicles. His silver SUV was covered in plastic and mud on Wednesday which resulted in him being trapped in the radio station where he had been giving an interview. Correa wrote on Twitter that the it was “a shame for the country!”

The referendum includes seven questions. One would give President Moreno the authority to decide who can lead some of the nation’s most important institutions. Another would restrict mining. In addition, one would bar officials convicted of corruption from seeking office. This may also impede Correa’s run at presidency because he is under allegations of corruption. Although he has not yet been convicted, he is being investigated for irregularities in oil sales to China and Thailand during his time in office. His vice-president at the time, Jorge Glas, was sentenced to six years in jail in December 2017 for his involvement in a Brazilian corruption scandal.

Correa commented on this measure saying that “the right wants to invent a crime against me to disable me.” He refers to President Moreno as a traitor and the referendum a “coup d’état”.

For more information, please see:

BBC News – Ecuador votes on election term limit as Correa looks on – 4 February 2018

Washington Post – Current, former presidents at odds in Ecuador referendum – 4 February 2018

Reuters – Ecuador votes on re-election limits, likely dashing Correa comeback – 4 February 2018

NPR – Ecuador Votes on Presidential Term Limits – 3 February 2018

New Jersey Herald – Protesters hurl trash on Ecuador president’s vehicle – 31 January 2018

Syria Deeply: The ‘bloodiest days’ in Eastern Ghouta, and U.S.-led coalition clashes with pro-government forces in Deir Ezzor

Syria Deeply
Feb. 9th, 2018
This Week in Syria.
Welcome to Syria Deeply’s weekly summary of our coverage of the crisis in Syria.

Coalition targets pro-Assad forces: The U.S.-led coalition said it thwarted an “unprovoked attack” by pro-government fighters on a Syrian Democratic Forces (SDF) base in Deir Ezzor province after midnight Wednesday. An unidentified U.S. official told CNN that some 500 pro-government forces were involved in the offensive on the SDF base, located 5 miles (8km) east of a “deconfliction” line in the Khusham region, east of the Euphrates River.

Pro-government forces “were likely seeking to seize oil fields in Khusham that had been a major source of revenue for Daesh from 2014 to 2017,” the unidentified U.S. official told CNN, using the Arabic acronym for ISIS.

The U.S. said at least 100 pro-government fighters were killed in the attack. Syrian state media said only “dozens” were killed and wounded by the strikes. An unidentified commander fighting in the military alliance supporting President Bashar al-Assad told Reuters that seven members of the pro-government forces were killed and 27 injured. The U.K.-based Syrian Observatory for Human Rights put the death toll at more than 20. No U.S. troops and only one SDF fighter were injured in the confrontation.

It was not immediately clear whether the force comprised mostly Syrian troops or Iranian-backed militias.

Syrian state media said that “popular” fighting units were behind the attack, suggesting that it was not orchestrated by Syrian troops. An unidentified Hezbollah official told the Associated Press that pro-Assad forces known as the Popular Committees, as well as the Syrian National Defense Forces, came under attack by coalition forces.

Syria’s foreign ministry sent a letter to the United Nations on Thursday, calling the attack a “war crime” and demanding that the international community “condemn this massacre and hold the coalition responsible for it,” according to Reuters.

Meanwhile, Washington tried to ease tensions on Thursday, with Pentagon spokeswoman Dana White saying in a news briefing that the U.S. was not “looking for a conflict with the regime.” U.S. Defense Secretary Jim Mattis said the attacks were defensive and limited in nature, also dismissing claims that the U.S. was stumbling into a broader conflict in Syria, Reuters said.

Hundreds killed in East Ghouta: Syrian government attacks killed more than 228 people in the Eastern Ghouta suburbs of Damascus since Monday, the Syrian Observatory for Human Rights said on Thursday, according to Agence France-Presse.

At least 80 people were killed in airstrikes on Tuesday alone, making it “the highest civilian toll in Syria in nearly nine months, and one of the bloodiest days for Eastern Ghouta in several years,” SOHR director Rami Abdulrahman told AFP.

The besieged suburbs, which are designated as a so-called de-escalation zone by Russia, Turkey and Iran are home to some 400,000 people who are trapped with almost no access to food and medicine.

“There is a misperception that the de-escalation areas have resulted in peace and stability. If anything, these have been serious escalation areas,” U.N.’s assistant secretary-general and humanitarian coordinator in Syria, Panos Moumtzis said, according to the the Guardian.

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