By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – Russia passed a new law that allows the government to block certain Internet sites with the purpose of protecting children from harmful Internet content. The government aims to ban websites that contain sexual abuse of children, details about how to commit suicide, encouragement of drug use, and sites that solicit children for pornography. The government is able to blacklist and force certain sites offline without a trial.

The houses of parliament approved the law, and President Vladimir Putin signed the law in July.

The new controversial “blacklist” law that aims to protect children has prompted fears of censorship.

Information rights expert, Ilya Rassolov, states, “This law can be seen as one of the elements that can, if the need arises, curb freedom of speech.” Similarly, Yuri Vdovin, vice-president of Citizens’ Watch, said, “Of course there are websites that should not be accessible to children, but I don’t think it will be limited to that. The government will start closing other sites – any democracy-oriented sites are at risk of being taken offline. It will be [an attack on] the freedom of speech on the internet.”

Free speech advocates fear that the implementation of this “blacklist” law could open the door to widespread censorship. Critics also fear that the government will use the new law to block opposition websites. For example, Reporters Without Borders criticized the Russian government for failing to “resolve the law’s contradictions and to eliminate those that pose threats to freedom.”

In contrast, the country’s telecom minister, Nikolai Nikiforov, believes the concerns of censorship were over exaggerated. He states, “Internet has always been a free territory. The government is not aimed at enforcing censorship there. LiveJournal, YouTube, and Facebook showcase socially responsible companies. That means that they will be blocked only if they refuse to follow Russian laws, which is unlikely, in my opinion.”

Ilya Rassolov declares, “The law simply spells out the rules of the game, the norms according to which this is done. Despite all the talk surrounding this law and how it can be used, it’s still better to have transparent procedural norms than not. How this law will be implemented is another issue.”

For further information, please see:

The Atlantic — Russia’s New Internet Blacklist – 2 November 2012

The Huffington Post — Russia’s ‘Internet Blacklist’ Law Will Fuel Internet Censorship Say Human Rights Groups – 1 November 2012

RFE/RL — Russia’s Internet ‘Blacklist’ Law Sparks Free-Speech Fears – 1 November 2012

BBC News — Russia Internet Blacklist Law Takes Effect – 31 October 2012

By Madeline Schiesser
Impunity Watch Reporter, Europe

Strasbourg, France – The European Court of Human Rights has ruled that a Polish rape victim, at the time 14 years of age, should have had access to an abortion.  The court further order Poland to pay the girl, known only as “P,” and her mother, 61,000 € (£49,000; $ 79,000) in compensation.

In May 2008, when “P” was 14, she received a certificate from a local prosecutor in Lublin stating that her pregnancy was the result of the illegal act of rape.  Poland has one of the strictest abortion laws in Europe, allowing pregnancy termination only in cases of illegal acts such as rape and incest, or if the life of the mother or fetus is at risk.

However, despite her mandated certification for a legal abortion, “P” was turned away at her local Lublin hospital, where a Roman Catholic priest attempted to sway her to continue her pregnancy, and hospital officials issued a press release stating they would not perform the abortion.

In Warsaw (~ 150km NW of Lublin), “P” was met by hospital staff afraid to terminate her pregnancy due to pressure from pro-life groups and the media.

According to court documents, “P” and her mother “fe[lt] manipulated and helpless,” were harassed by pro-life groups, and were questioned by police.  A criminal case against “P” for illicit sexual relations was started by authorities, although eventually dropped.  The case against her alleged rapist was also dropped by authorities.  At one point, authorities accused “P’s” mother of forcing her daughter to have an abortion and had “P” temporarily placed in a juvenile shelter.

Eventually, “P” was able to get her legal abortion in Gdansk, Poland, 500km (300 mi) from home.

The Court found that the case presented two violations of Article 8 of the European Convention on Human Rights: “the determination of access to lawful abortion” and “the disclosure of the applicants’ personal data”; a violation of Articles 5 and 1 outlining the right to liberty and security, and a violation of Article 3 prohibiting inhuman or degrading treatment.

Specifically, the Court held that “P” should have been unhindered in her attempt to get an abortion, and that the laws and medical staff she encountered created such a hindrance.  The Court noted “P’s” difficulties “in obtaining access to an abortion, in particular due to the lack of a clear legal framework, procrastination of medical staff and also as a result of harassment.”

Finally, the Judges ruled that “P” had been given “misleading and contradictory information and had not received objective medical counseling.”  They further stressed that those who tried to stop “P” from terminating her pregnancy with a press release were not excused for their behavior: “the fact that access to abortion was a subject of heated debate in Poland did not absolve the medical staff from their professional obligations regarding medical secrecy.”

The decision of the court is subject to further appeal.

Lastly, the court awarded “P” 30,000€ (£24,000; $39,000) in damages and her mother 15,000€ (£12,000; $19,500), plus legal costs, from the Polish state.

Although abortion laws in the staunchly Roman Catholic Poland are not likely to relax anytime soon, there is a chance that such will happen in the future.  Last month, legislation was proposed, although with very little chance of success, in the Polish Parliament that would have legalized abortions up to the 12^th week of pregnancy.

“P” is also not the first person to successful challenge the Polish abortion system.  Famously, Alicja Tysiac won a case in 2007 when she was denied an abortion after eye doctors told her giving birth could make her go blind.

Today, Polish women continue to struggle through the legal abortion system, and many wanting abortions for illegal reasons go underground or out of the country.  These abortions are expensive, often costing a month’s salary.  While the government claims that on average 300 abortions are performed annually (against a population of 38 million), the Polish Federation for Women and Family Planning estimates this number to be somewhere between 80,000 and 200,000, many of them illegal.

For further information, please see:

Huffington Post – Poland to Pay Compensation to Teen Rape Victim Over Abortion ‘Harassment’ – 31 October 2012

BBC News – Polish Rape Victim ‘Should have had Abortion Access’ – 30 October 2012

Chicago Tribune – Europe Rights Court Condemns Poland in Abortion Rape Case – 30 October 2012

GlobalPost – Polish Teen Should have had Access to Abortion After Rape, Court Rules – 30 October 2012

Poliske Radio – Poland Must Compensate Teenage Rape Victim Denied Abortion – 30 October 2012

Christian Science Monitor – Staunchly Catholic Poland Takes a New Look at Easing Abortion Laws – 13 September 2012

By Alexandra Sandacz
Impunity Watch Reporter, Europe

KIEV, Ukraine – Opposition leader and ex-prime minister, Yulia Tymoshenko, announced a hunger strike to protest an alleged rigged voting.

On Sunday, Ukraine’s parliament held their election. President Victor Yanukovych is projected to win; however, international observers are subsequently criticizing the process. On Monday, these particular observers pointed out the flaws in the election process, with the Organization for Security and Cooperation in Europe commenting that the country had taken a “step backwards” on the road to democracy.

Ukrainian President Viktor Yanukovych’s pro-business Party of Regions has 34 percent of votes. However, the United Opposition bloc, who promotes and involves jailed opposition leader and former Prime Minster, Yulia Tymoshenko, is in second place with 22 percent of the vote.

Tymoshenko, who was sentenced to seven years in prison for the abuse of power, has “symbolically” led her party from behind bars. Yanukovych was accused of overpaying Russia in a gas deal, and she was, therefore, not permitted to register as a candidate.

The OSCE believes Tymoshenko’s current imprisonment is the epitome of obstacles that impede the elections in Ukraine. Walburga Habsburg Douglas, the Swedish MP who led the OSCE delegation stated, “Considering the abuse of power, and the excessive role of money in this election, democratic progress appears to have reversed in Ukraine. One should not have to visit a prison to hear from leading political figures in the country.”

Tymoshenko announced through her lawyer, “The elections were rigged from the first to the last day. To hide this fact means to destroy Ukraine’s future.” Due to Tymoshenko’s imprisonment, she stated she would not call for “civil unrest in the streets” because she is prevented from guaranteeing “that these actions will be peaceful and organized in the best way.”

While Ukraine was recently considered isolated under President Yanukovich, observers accused the current government as corruption and authoritative. These recent accusations have stemmed from Tymoshenko’s imprisonment, which the United States and the European Union have called a “politically motivated show trial.”

United Opposition official, Arseiy Yatsenyuk, said, “The campaign was very tough, extremely tough. Intimidation, they purchased the voters, they intimidated the members of the election commissions. So they did their utmost with an iron fist to do something to win the elections, but look at the results of the exit polls. They didn’t succeed.”

The OSCE is monitoring the election.

For further information, please see:

BBC News — Ukraine election ‘reversed democracy’, OSCE says – 29 October 2012

CNN — Ruling party leads Ukraine vote – 29 October 2012

Reuters — Ukraine’s Tymoshenko launches hunger strike over “rigged” vote – 29 October 2012

Spiegel — Ukrainian Election Criticized as Votes Counted – 29 October 2012

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia— Sergei Udaltsov, leader of the Russian Left Front Movement, was charged with conspiracy to organize mass riots against the presidency of Vladimir Putin on Friday.  Also charged are Konstantin Lebedev (an assistant to Udaltsov) and Leonid Razvozzhayev (an assistant to an opposition State Duma deputy), who has claimed he was kidnapped from Ukraine and forced to sign a confession while in handcuffs in Moscow.  All face up to 10 years in prison if convicted.

On Friday, Udaltsov, who last week was placed under a travel ban after Russia’s Investigative Committee (SK) began to scrutinize him, appeared before the SK and denied all charges.  Although he was permitted to leave the SK office Friday, Udaltsov was detained Saturday by police at a protest in Moscow.

Udaltsov is well known for his involvement in Moscow street protests, for which he has served several short periods in jail in the past. Before appearing before the SK, Udaltsov stated the following to a group of reporters: “[T]his case is based on tortures, it’s shameful, it hurts Russia’s image. . . I have not committed any crime. I am going in there with my head up.  And if I am arrested today, I hope society will not ignore it, and mass protests will begin.  As for me – I’ll be ok, I hope everything will be fine and Russia will be free and that’s what I wish you all.”

Razvozzhayev, also charged with plotting mass riots and being held in Moscow’s Lefortovo prison, signed a lengthy 10-page confession concerning orchestrating riots, which the Investigative Committee of Russia (ICR) claims he penned himself after turning himself in.  Razvozzhayev has asserted that he was forced to sign after being kidnapped, and has since retracted the confession.

Razvozzhayev claims that, after meeting with a lawyer for advice on seeking political asylum Friday 19, he was kidnapped off the streets of Kiev, Ukraine, by four men who put a hood over his head and forced him into a van, which then drove him across the Russian border against his will.

Razvozzhayev claims that he was then psychologically tortured; he was kept handcuffed in a basement without food or water or use of a toilet.  He says he signed the confession in handcuffs.

As Razvozzhayev was being removed from a courthouse on Sunday, where his arrest had been sanctioned, he shouted to reporters: “Tell everyone that they tortured me. For two days. They smuggled me in from Ukraine.”

The charges against Udaltsov, Lebedev, and Razvozzhayev stem from a documentary film, “Anatomy of a Protest 2,” aired by a pro-Kremlin television station, NTV, at the beginning of October, which allegedly showed Udaltsov meeting with a member of the Georgian government to discuss plans and seek foreign money for organizing street unrest in Russia.

In the middle of October, the apartments of all three were searched, as was the apartment of Udaltsov’s parents.  Udaltsov’s wife and children are staying in Ukraine.

Putin’s spokesman has stated that the Kremlin cannot and should not comment on the case, and it only concerns the investigators, prosecutors, judges, attorneys and rights activists. Likewise, the parliamentary majority party, United Russia, has denied a parliamentary probe into Razvozzhayev’s claims, arguing that such falls to the Prosecutor General.

For further information, please see:

RFE/RL – Russian Police Detain Opposition Leaders at Moscow Rally – 27 October 2012

BBC News – Russian Leftist Sergei Udaltsov Charged with Conspiracy – 26 October 2012

RFE/RL – Udaltsov Charged With Plotting Unrest – 26 October 2012

RT – Leftist Leader Udaltsov Charged with Conspiracy to Organize Riots – 26 October 2012

International Herald Tribune — Jailed Russian Opposition Leader was Abused, Groups Say – 23 October 2012

RFE/RL – Russian Activist Charged With Preparation of Mass Disorders – 23 October 2012

BBC News – Russian Anti-Putin Activist ‘Admits Riot Plot’ – 22 October 2012

The Guardian – Putin Opponent Claims he was Tortured into Moscow ‘Riots’ Confession – 22 October 2012

RFE/RL – Udaltsov Aide Charged, Faces 10 Years in Jail – 18 October 2012

By Alexandra Sandacz
Impunity Watch Reporter, Europe

STRASBOURG, France – On Friday, the European Union gave its largely respected human rights award to two Iranian activists, an imprisoned lawyer, Nasrin Sotoudeh, and a formerly imprisoned filmmaker, Jafar Panahi.

The European Union awards the Sakharov Prize to an individuals or groups dedicated to the defense of human rights and freedom of thought. The award was created in December of 1988 and is named after Soviet scientist and dissident Andrei Sakharov.

European Parliament President, Martin Schulz, stated, “The award… is a message of solidarity and recognition to a woman and a man who have not been bowed by fear and intimidation and who have decided to put the fate of their country before their own.”

The jailed Russian punk band, Pussy Riot, and a Belarussian civil rights activist, Ales Beliatsky, were also nominees this year.

Co-winner, Nasrin Sotoudeh, a lawyer, is known for her defense of opposition activists. Sotoudeh also defended women who were jailed for demanding equality, and journalists who were punished for expressing their opinions. Often times, she took these important cases pro bono work and insisting Iranian authorities uphold the rule of law and justice. She is currently serving a six-year jail sentence for “acting against the national security” and “propaganda against the regime”.

Schultz announced, “If the fight for freedom, if the fight for human rights, for human dignity, for freedom from torture and against the death sentence, for freedom of opinion and for justice in criminal proceedings is an attack on national security, then we support this person in her attack on the national security of a regime that does not respect any of these fundamental rights. The prize for Mrs. Sotoudeh is a clear rejection of the regime in Iran.”

The other recipient, Jafar Panahi, a director, is regarded for his humanist films on life in Iran. While facing his own arrests in 2009 and 2010, some of his colleagues were also sent to jail for their outspoken criticism of President Mahmoud Ahmadinejad. In 2010, he was placed under house arrest and banned from filmmaking for 20 years. Despite his filmmaking restrictions, his 2011 documentary, This is Not a Film, was secretly smuggled out of the country on a USB drive that was hidden in a cake.

Schulz continued, “As in every good portrait, [Jafar Panahi in his films] shows not only the merits but also the contradictions and the daily problems of Iranians. State regimes clearly fear nothing more than the portrayal of the bitter reality that reigns inside their nations. And this is why people like Mr. Panahi are silenced in such regimes.”

Unfortunately, it’s unlikely that the imprisoned Iranian co-winners will make it to Strasbourg for the ceremony on December 12.

For further information, please see:

BBC News — Iran dissidents Sotoudeh and Panahi win Sakharov prize – 26 October 2012

International Business Times — EU Awards Iranian Dissidents With Sakharov Prize – 26 October 2012

The New York Times – European Rights Award Given to Convicted Iranians – 26 October 2012

RFE/RL – Iranians Win Sakharov Free-Thought Prize – 26 October 2012