By Madeline Schiesser
Impunity Watch Reporter, Europe

MILAN, Italy – An appeals court in Milan has vacated acquittals for the former head of the U.S. Central Intelligence Agency (C.I.A.) in Italy and two agents, and instead convicted them in absentia for the 2003 kidnaping and torture of an Egyptian cleric and terror suspect, Abu Omar, as part of the C.I.A.’s extraordinary rendition program.

C.I.A. Rome station chief, Jeffrey Castelli, and C.I.A. agents Betnie Medero and Ralph Russomando were originally acquitted by a lower court in November 2009 on diplomatic immunity grounds.  However, the Milan appeals court, upon reversing the decision after prosecutors appealed, sentenced Castelli to 7 years, and Medero and Russomando to 6 years each.

Twenty-three others were convicted in 2009 in relation to the abduction, including Milan C.I.A. station chief, Robert Seldon Lady, twenty-one C.I.A. agents, and an air force pilot.  Seldon was ultimately sentenced to 9 years in prison and the remaining agents and pilot each ultimately received a sentence of 7 years.  They convictions were upheld by Italy’s high court last September, which stiffened the sentences.  However, having long since fled Italy, none of the convicted has ever been in Italian custody and they will likely never serve prison time.  Yet, they could risk arrest if visiting Europe.  Furthermore, the Italian government has never formally sought their extraditions.

The appeals against Castelli and the two agent’s acquittals were separated from the other convictions in the higher courts for technical reasons.  While the court is expected to release its reasoning in 15 days, Medero’s defense lawyer, Alessia Sorgato, claims the decision noted extenuating circumstances.  She believes that the court found that “they acted on orders of a superior.”  She may decide to appeal after reading the court’s reasoning.

The appeals court’s decision means that every one of the 26 Americans tried in absentia for the abduction has now been found guilty by an Italian court.  U.S. extraordinary rendition practice, instituted during the presidency of George W. Bush, is generally tolerated in Europe.  The cases represent the first time that agents of the C.I.A. have been convicted for extradition and conduct allegedly leading to torture.

The 2003 abduction was a joint operation coordinated by the C.I.A. and Italy’s Military Intelligence and Security Service (S.I.S.M.I.).  Five former members of S.I.S.M.I. were charged in 2009, but acquitted due to state secrets.  In September, the Italian high court ordered a new trial of the former S.I.S.M.I. agents, finding that state secrecy had been used as an illegitimate ‘cover’ for immunity.

As for Abu Omar, whose full name is Osama Moustafa Hassan Nasr, he was an Egyptian Muslim cleric, or imam, who had moved to Italy seeking political asylum.  However, he became one of the most well documented suspects in the C.I.A.’s extraordinary rendition program.  On Feb. 17, 2003, when walking on a Milan street near his Viale Jenner mosque, Nasr was grabbed by a group of men, tossed in a van, and driven to NATO’s Aviano Air Base.  From there, he was transferred to Germany and then flown to Egypt, where Nasr claims he was tortured for seven months.  Nasr continued to be held without formal charges until 2007, when he was released by an Egyptian court.

The CIA has declined to comment on the decision of the Milan appeals court.

Amnesty International has expressed its hope that the ruling will shed light on C.I.A. tactics of the Bush presidency.  Julia Hall, Amnesty’s expert on counterterrorism and human rights said, “Many European governments are deeply implicated in the rendition and secret detention program[] and any court attempting to find out the truth about these practices is welcomed.”

For further information, please see:

Al Jazeera – Jail Term for Ex-CIA Rome Chief – 2 February 2013

Politico – Milan Court Convicts 3 Americans in CIA Kidnapping – 2 February 2013

ABC News – Italian Court Convicts 3 Americans in CIA Kidnapping Case – 1 February 2013

Corriere Della Sera – Caso Abu Omar, Condannato a Sette Anni l’Ex Capo Della CIA in Italia [Abu Omar Case, The Former Head of the CIA in Italy Sentenced to Seven Years] – 1 February 2013

Global Post – Former CIA head in Italy convicted for imam kidnap – 1 February 2013

NBC News – Italian court convicts 3 Americans in CIA kidnapping – 1 February 2013

New York Times – Italian Court Convicts 3 Americans in Kidnapping Case – 1 February 2013

Press Release
United Nations Human Rights

GENEVA (1 February 2013) – A group of United Nations independent human rights experts today called on the lower house of the Russian parliament to discard a draft bill to establish administrative penalties for “propaganda of homosexuality among minors,” which has already been approved by the State Duma.

The experts on freedom of expression, human rights defenders, cultural rights and the right to health warned the bill may undermine the enjoyment and promotion of human rights in Russia, unjustifiably singling out lesbian, gay, bisexual, transgender and intersex people, who have increasingly become the target of sanctions and violence in the country.

“Any restriction on freedom of opinion and expression should be based on reasonable and objective criteria, which is not fulfilled by the draft bill approved during the first reading by the Duma,” said the Special Rapporteur on freedom of opinion and expression, Frank La Rue. “The law could potentially be interpreted very broadly and thereby violate not only the right to freedom of expression but also the prohibition of discrimination.”

The Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, warned that this legislation could be used to unduly restrict the activities of those advocating for the rights of LGBT individuals. “The draft legislation could further contribute to the already difficult environment in which these defenders operate, stigmatizing their work and making them the target of acts of intimidation and violence, as has recently happened in Moscow,” she stressed.

“We fear that such laws, in practice, will exacerbate an already difficult situation for LGBT individuals wishing to express their identity, and will hamper the organization of cultural events or dissemination of artistic creations addressing LGBT issues,” highlighted the Special Rapporteur in the field of cultural rights, Farida Shaheed. She further underlined that LGBT youth would be particularly affected.

Stressing the bill’s ambiguous wording, the Special Rapporteur on the right to health, Anand Grover, warned that “banning ‘propaganda of homosexuality’ may not only penalize those who promote sexual and reproductive health among LGBT people, but will also undermine the right of children to access health-related information in order to safeguard their physical and mental health.” Far from protecting children, the proposed law would potentially harm them by re-enforcing stigma and contributing to a discriminatory environment, which would put them at increased risk.

Pointing out that the “window of opportunity is still open” to reverse the decision during the next two readings at the Duma, the UN experts urged parliamentarians to “exercise leadership by scrapping the bill to ensure the full enjoyment of human rights and fundamental freedoms in Russia.”

ENDS

UN Human Rights, country page – Russian Federation: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/RUIndex.aspx

UN Human Rights, thematic issue page- Discrimination based on sexual orientation and gender identity: 
http://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx

For more information log on to:
Freedom of expression:http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
Human rights defenders: 
http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
Cultural rights:http://www.ohchr.org/EN/Issues/CulturalRights/Pages/SRCulturalRightsIndex.aspx
Right to health: http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx

For media inquiries related to UN independent experts:
Cécile Pouilly, UN Human Rights – Media Unit (+ 41 22 917 93 10 / cpouilly@ohchr.org)

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights 
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Google+ gplus.to/unitednationshumanrights 
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Storify: http://storify.com/UNrightswire

Check the Universal Human Rights Index: http://uhri.ohchr.org/en

By Alexandra Sandacz
Impunity Watch Reporter, Europe

PARIS, France – On Saturday, France’s National Assembly approved legislation that will allow gay couples to get married and adopt children. The Assembly approved the bill despite enormous protests that lured hundreds of thousands of people in Paris to oppose the new proposal.

President Françoise Hollande’s socialist party and their left-wing supporters supported the same-sex marriage provisions. Conversely, the UMP – the party of former President Nicholas Sarkozy – and many centrists MP opposed the bill.

However, despite opposition, deputies voted 249-97 in favor of redefining marriage as a contract between two people, rather than just between a man and a woman.

The same-sex bill celebrates one of France’s biggest social reforms since the abolition of the death penalty in 1981.

Justice Minister Christiane Taubira stated, “We are happy and proud to have taken this first step. We are going to establish the freedom for everyone to choose his or her partner for a future together.”

Christophe Barbier, editor of the influential L’Express weekly news magazine and a supporter of the law, said, “Marriage should be a simple contract between two individuals. Let’s make it available to all couples eager to make this contract to each other.”

However, those who opposed the legislation maintain that their movement is not homophobic. Rather, the legalization of gay adoption breaks down the traditional family, and the legislation that gives gay couples the right to adopt will remove the fundamental right of a child to have a mother and a father.

Spokesman for the anti camp called “manif pour tous,” Tugdual Derville, stated, “We must think of future generations. Not only of the desires of adults today.”

Protestors chant, “Une mère, un mari, un mariage” (One mother, one husband, one marriage).

UMP MP, Philippe Gosselin, believes the legislation is opening a gate of trends of which the French people do not approve. He states, “Today it is marriage and adoption. Tomorrow it will be medically assisted conception and surrogate mothers.”

Furthermore, Cardinal Philippe Barbarin, the Roman Catholic archbishop of Lyon, argued that redefining marriage would “open the door to incest and polygamy.”

Other countries in Western Europe, such as Belgium and the Netherlands, already legalized same-sex marriage. However, France demonstrated the largest disapproval.

For further information, please see:

BBC News – France’s Parliament Approves Gay Marriage Article – 2 February 2013

Expatica – Gay Pride As France Lays Foundation For Same Sex Marriage – 2 February 2013

NBC News – Why Some In Supposedly Liberal France Are Up In Arms About Gay Marriage – 2 February 2013

RT – French National Assemble Approves Gay Marriage Law – 2 February 2013

By Madeline Schiesser  
Impunity Watch Reporter, Europe

MOSCOW, Russia – The year 2012 began in Russia with street protests demanding that the newly elected parliament honor its promises of political reform.  It ended with Russian President Vladimir Putin signing a ban terminating American adoptions of Russian orphans.  In between, the collection of human rights abuses caused U.S.-based Human Rights Watch (HRW) to describe the year as the worst for human rights since the fall of the Soviet Union in a newly released annual report.

The report analyzed key human rights issues in more than 90 countries, including Russia.  (The United States was also examined.)  The report found that since his return to power, Putin “oversaw the swift reversal of former President Dmitry Medvedev’s few, timid advances on political freedoms.”  Critics say that the Kremlin’s actions have been aimed at quashing public dissent.  The authors of the report suggest that Putin’s acts, backed by a parliament dominated by members of the pro-Putin United Russia party, are motivated by a fear of mass street protests.

The year has seen a sharp increase in laws and government control that, according to Rachel Denber, deputy director of HRW’s Europe and Central Asia division, create an atmosphere of fear.  A June law significantly raised fines for people found participating in unapproved public demonstrations, re-criminalized libel, and imposed new restrictions on internet content.

Another summer law, which went into effect in November, requires nonprofit groups that receive foreign funding to register as “foreign agents.”  Many non-governmental organizations (NGOs) fear this label, which has Soviet-era undertones, will scare away the very people they want to help.  USAID (United States Agency for International Development) was forced to stop operating in Russia in September, and, thanks to a December law, NGOs can further be sanctioned if they engage in “political” activities and receive funding from US citizens or organizations.

Furthermore, a widened definition of treason has loomed since autumn, which could threaten organizations and individuals conducting international advocacy.

The report was further critical of Russia’s treatment of the Pussy Riot punk band protestors, two of whom were sentenced to 2 years in prison for an anti-Putin song-protest in a Moscow cathedral.

It has furthermore been a difficult year for opposition leaders and opponents of Putin’s Russia.  In May violent protests erupted in response to Putin’s inauguration; the courts have been slow to deal with the protestors, but have been harsh.  Opposition leader Sergei Udaltsov was charged with conspiracy to organize mass riots.  Facing the same charge is Leonid Razvozzhayev, who claims he was kidnapped from Ukraine and forced to sign a confession.

Recently in the new year, legislation for a nation-wide ban on “gay propaganda” came before parliament.  However, the report drew attention to Russian local “anti-gay propaganda” laws, under which in May a prominent Russian LGBT rights activist was convicted.  Moscow drew further criticism for its ban on Gay Pride Events.

The report further discussed persecution and torture of practitioners of Salafism (a form of Islam) in the North Caucasus by authorities who assume the practitioners support the Islamist insurgency there.  The report further criticized Chechen leader Ramzan Kadyrov’s system of collective punishment against insurgents’ relatives and suspected supporters.

Concerning the Olympic Games in Sochi scheduled for February 2014, the report additionally condemned the removal of hundreds of local families to make way for Olympic buildings.  Although most homeowners were compensated, often the amounts were unfair and the process lacked transparency.

Russia’s sudden termination of the bilateral adoption agreement between the United States and Russia in retaliation for the Magnitsky Act, catching Russian orphans, some with disabilities, in “an eye for an eye” crossfire, was not included in the report, although HRW commented on it in a subsequent press release.  Sergei Magnitsky is expected to be tried posthumously later this year.

Creating a permanently broken system, the authors noted that while the European Court of Human Rights has issued more than 210 rulings against Russia, the government only pays the required compensation, and fails to conduct effective follow-through investigations, thereby failing to carry out the core of the judgments.

Hugh Williamson, HRW’s Europe and Central Asia director explained, “Instead of meaningfully investigating human rights abuses, the government is spending time and energy retaliating against civil society and free speech.”

Rachel Denber stresses “We can’t be silent about the situation in Russia today,” because, as part of the Kremlin crackdown, Russian authorities equate human rights work with violating Russian sovereignty.  She summarized, “Any activity can be portrayed as betrayal.”

Moscow has yet to make an official statement on the report, however, Russian Foreign Ministry spokesman Alexander Lukashevich, dismissed the severity of the situation in Russia while he remarked an official statement would be issued soon.  “I have not read the report yet,” Lukashevich said. “I think we will make a comment later and show that the human rights situation in Russia is not the worst.”  Instead, he suggested the United States and European Union look at their own histories “before criticizing others.”

However, although Williamson considers this “the worst year for human rights in Russia in recent memory,” he notes that “Russia’s civil society is standing strong.”  Yet, he also says, “With the space around it [civil society] shrinking rapidly, it needs support now more than ever.”

For further information, please see:

Moscow Times – Last Year’s Repression ‘Worst’ in Decades – 1 February 2013

BBC News – Russia’s Freedoms Crackdown ‘Worst Since USSR Fall’ – 31 January 2013

HRW – Russia: Worst Crackdown Since Soviet Era – 31 January 2013

RIA Novosti – Human Rights Watch Blasts Russia in 2013 Report – 31 January 2013

RFE/RL – Rights Group Warns Of Challenges to Democracy – 31 January 2013

Washington Post – HRW: Worst Year for Human Rights in Russia Since the USSR Collapsed – 31 January 2013

HRW – World Report: 2013 [Full Report] – 31 January 2013

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On January 3, Alexei Kabanova murdered his journalist wife, Irina, after a fight. Kabanov, a well-known opposition figure, confessed that during a state of anger, he murdered his wife, dismembered her body in the heat of passion, and could not remember anything of what he had done.

Irina is just one of thousands of women in Russia who are killed in domestic violence incidents every year. An estimated 10,000 to 14,000 women die each year from spousal abuse.

Currently, Russia has no law concerning the issue of domestic violence. Specifically, police cannot intervene in a dispute until a crime has been committed. However, publicity of Irina’s murder generated awareness to an issue that is widely belittled and ignored.

Olga Kostina, head of the Moscow-based group Resistance, which advocates for domestic-violence victims, said, “The key is for us to battle for a law to defend the victims of these crimes and to provide them with social guarantees that in any case are supposed to be ensured by the Russian Constitution.”

A proposed legislation, which has been in creation since September, recognizes domestic violence as a crime, empowers police and courts to issue restraining orders, and requires offenders to undergo counseling.

Mari Davtian, an attorney with the ANNA Center, which assists victims of domestic violence, said, “A woman herself has to file a case to the court and prove that she was subjected to a crime. As you understand, that is practically impossible in conditions of domestic violence. If a woman lives with the person she is taking to court, then she is in danger.”

Although there have been few attempts to introduce domestic violence legislation in Russia over the past few decades, each time failed.

United Russia lawmaker Saliya Murzabayeva, believes each failure stemmed from a lack of understanding of domestic violence issues. She states, “There probably is not enough awareness of this problem. And there are those who believe that the government should not interfere in family matters.”

Kabanov is charged with murder and faces a maximum punishment of 15 years in prison. If convicted, Kabanov will also be deprived of his parental right.

For further information, please see:

RFE/RL – Brutal Killing In Russia Highlights Lack of Domestic Violence Law – 28 January 2013

The Moscow Times – Another Day, Another Dismembered Body – 21 January 2013

Pravda – Journalist Brutally Strangled and Dismembered by Her Husband – 15 January 2013

The Moscow Times – Project O.G.I. Co-Founder Charged with Wife’s Murder – 13 January 2013