Europe

Education Crisis: Syrian Refugee Students Denied Access to Learning

By: Chiara Carni

Impunity Watch Staff Writer

BRUSSELS, Belgium – A ministerial conference on Supporting Syria and the Region was held on March 30, 2021 in Brussels. Many argued that this conference should focus on the unprecedented education crisis facing Syrian refugee children in Lebanon. Before the COVID-19 school closure, only 42 percent of the 660,000 school-age Syrian children in Lebanon were going to school. There has been a substantial drop since COVID-19, with the number now resting at 190,000 Syrian children while another 25,000 who should have re-enrolled or entered grade 1 have not. Fewer than one percent of Syrian children complete grade 9.

Less than half of the school-aged refugee children in Lebanon are in formal education. Photo Courtesy of Human Rights Watch.

The Education Ministry announced its official shift to distance learning in March 2020. The Ministry announced that it would publish a distance learning strategy in August, but has failed to do so. Additionally, it has not established any clear plans for school re-openings. The cause for this dramatic drop in enrollment stems from many reasons, including restrictions on education. In many cases, refugee children cannot attend school because their families cannot afford transportation or because public schools have refused to enroll them.  Schools have refused to allow Syrian children to take mandatory exams if they fail to prove legal residency in Lebanon, which is required beginning at age 15. Unfortunately, approximately 70 percent of Syrians cannot qualify or afford to provide this proof.

During the summer of 2020, the Education Ministry forced the closure of nine unlicensed private schools. The schools provided education to approximately 5,000 Syrian students, and in return, the Ministry only provided spaces at public schools for 800 students. Two humanitarian groups paid for 3,000 children to enroll at private schools, leaving 1,200 students still unenrolled by the closure. Because of the financial toll COVID-19 has put on Lebanese families, 70 percent of Lebanese children previously enrolled in private schools are now enrolled in public schools. This transfer has left almost 40,000 fewer spaces for Syrian children.

Donors pay Lebanon for each Syrian refugee child enrolled in school and pay school fees for Lebanese children. As of 2020, humanitarian funding has decreased from 1.3 billion dollars to 944 million dollars. This decrease can expect to continue if the participants contributing to the funding refuse their pledges. This decrease, coupled with the Education Ministry’s refusal to run back-to-school campaigns to promote enrollment, has contributed to the education crisis at hand.

An insufficient number of Syrian refugee children have access to the technology necessary for their education. In 2018, donors provided funds to the UN to purchase laptops for public schools. These laptops were never distributed to the students. The import company falsely claimed that 2,335 of the laptops had been destroyed in the Beirut port explosion while, instead, the laptops were sold to private buyers. Unaffordable cost of data, little internet access, and the lack of technology devices have limited Syrian children’s online access.

For further information, please see:

Executive Magazine – Lebanon’s experience with distance learning – 11 June 2020

Human Rights Watch – Lebanon: Action Needed on Syrian Refugee Education Crisis – 26 Mar. 2021

The 961 – A Company Sold Donated Laptops That Were Supposed To Go To Schools In Lebanon – 8 Feb. 2021

Ireland Signals Continued Commitment to ICC through Artwork Donation

By: Jamie McLennan

Impunity Watch Staff Writer

THE HAGUE, Netherlands – On March 18, 2021, the Ambassador of The Netherlands and the Ambassador of Ireland unveiled a new artwork that will stand at the International Criminal Court. The newly elected ICC President, Judge Piotr Hofmanski accepted the sculpture at a ceremony. President Judge Piotr Hofmanski will serve as President for a three-year term, alongside two other Vice Presidents. Responsibilities of the ICC President include attendance of all ceremonial events of the ICC, including the unveiling of such art.

President Judge Hofmanski and Ambassador Kelly at the ICC. Photo Courtesy of the ICC.

The ICC holds a series of art pieces from other member countries that reflect each country’s cultural heritage and the international community’s fight against impunity. The donated artwork includes of the Government of Belgium, Canada, Cyprus, Denmark, Japan, Mexico, and The Netherlands.

The newly donated artwork is a set of two green benches sculpted by Irish artist Fergus Martin. The benches titled “Oak” were placed alongside the Court’s landscape and signify an oak tree’s strength, a traditional symbol of justice in Ireland. 

Ireland has a longstanding relationship with the ICC. In 1998, the country signed the Court’s founding treaty, the Rome Statute, and ratified their membership in 2002. Despite recent criticism of the ICC, Ireland vocalizes their support of the Court by commissioning the art piece.

As one of the founding State Parties, Irish Ambassador Kevin Kelly spoke about the importance of peace and justice to achieve stability and development. He also spoke about Ireland’s continual approval of the ICC and their commitment to ending impunity for those who commit grave crimes against humanity. Kelly commended the many victorious cases of the ICC that punished individuals involved in war crimes and genocide.

In response, President Judge Piotr Hofmanski thanked Ireland for its generosity to the ICC and other related institutions. Since 2004, Ireland has donated nearly 1.3 million euros for the Trust Fund for Victims (TFV). The TFV advocates and assists the most vulnerable victims of crimes within the jurisdiction of the ICC. The fund provides court-ordered reparation awards and other payments for victims of genocide and war crimes.

Ambassador Kelly promised that Ireland would continue to aid and support the ICC in its endeavor for peace, justice, and mediation. 

For further information, please see:

ICC – Ireland Continues its Support of Reparative Justice – 14 Dec. 2020

ICC – Irish Delegation Unveils Artwork Donation – 18 Mar. 2021

ICC – New ICC Presidents Elected for 2021-2024  – 11 Mar. 2021

The ECHR issues ruling on COVID-19 related human rights violations

By: Ryan Ockenden

Impunity Watch Staff Writer

STRASBOURG, France – On March 11, 2021, the European Court of Human Rights (ECHR) awarded compensation to Joseph Feilazoo after a nearly 13-yearlong immigration battle. In 2008, Mr. Feilazoo was sentenced to 12 years in prison in Malta for drug trafficking. He was also fined €50,000 but was unable to pay the fine. As a result, two years were added to his sentence.

Prisoners like Joseph Feilazoo are kept in detention at Safi Barracks where they are subject to forced quarantine with COVID-19 patients. Photo Courtesy of the Council of Europe.

In 2019, he was scheduled for release. He made it known that he intended to return to Spain, which is where he was living prior to his arrest in 2008. However, Spain refused his return. Shortly after his release, he was charged with violence against prison officers and was resentenced to imprisonment. The sentence was changed from imprisonment to deportation and a fine. Mr. Feilazoo could not pay that fine and Nigeria refused to issue a travel document for his deportation. Malta ultimately placed him in the Safi Barracks immigration detention center.

Mr. Feilazoo complained to the ECHR, based on European Convention of Human Rights, alleging violations of: (1) inhuman and degrading treatment; (2) denial of his right to liberty; and (3) denial of his right to individual petition. First, per the European Convention on Human Rights, Malta is required under Article 3 to provide detention conditions that respect human dignity and avoid unnecessary hardship. The ECHR found that Mr. Feilazoo was subjected to non-functioning toilets, pest infestations, solitary confinement without natural light for 77 days, no exercise, and was forced to be in proximity of people in COVID-19 quarantine. Thus, the ECHR found that Malta violated his Article 3 rights by keeping him in inhuman and unacceptable conditions.

Second, under Article 5, Malta is required to protect detainees against arbitrary interference of their right to liberty. The ECHR found that Maltese authorities had not diligently pursued the travel documentation from Nigerian officials; they essentially gave up on trying. Thus, the ECHR found Malta violated Mr. Feilazoo’s Article 5 rights by keeping him detained for a period of time beyond necessary to complete deportation proceedings.

Third, under Article 34, Malta is required to ensure that a detainee’s access to the courts and judicial process is uninhibited. Unfortunately, the ECHR found that Mr. Feilazoo had not been allowed to access his documentation which was needed to submit a complaint to the ECHR. In addition, there were insufficient lawyer-client contacts and Maltese authorities were found to have done nothing to rectify this except to blame COVID-19 for the issues. Thus, the ECHR found that Maltese authorities inhibited his right to petition.

This is the ECHR’s first ruling on COVID-19 related detention issues. The ECHR makes it clear that placing someone in unfair detention with people who were exposed to COVID-19, and blaming COVID-19 for preventing a detainee from accessing the necessary documents and legal assistance to access justice, is unacceptable. This should set precedent in the ECHR that COVID-19 is not an excuse to deny detainees, or anyone, any rights granted to them by the European Convention on Human Rights.

For further information, please see:

Council of Europe – Torture prevention committee calls on Malta to improve treatment of detained migrants – 10 Mar. 2021

European Court of Human Rights – Deportation Detainee Housed With COVID-19 Quarantine Patients, And Multiple Other Violations – 11 Mar. 2021

Times of Malta – Man Wins €25,000 Compensation For Degrading Treatment At Detention Centre – 11 Mar. 2021

Universal Jurisdiction: Germany’s Conviction of Syrian Officer for Crimes Against Humanity

By: Lauren Della Stua

Impunity Watch Staff Writer 

KOBLENZ, Germany – On February 24, 2021, in the first case of its kind, a German court sentenced a Syrian intelligence officer to four and a half years imprisonment for aiding crimes against humanity.

Defendant Eyad al-Gharib covering his face during sentencing. Photo Courtesy of New York Times.

Gharib was a former low-ranking member of Syria’s intelligence service, serving under President Bashar Assad’s regime. During an uprising in 2011, Gharib was ordered to arrest protestors and bring them to al-Khatib, a prison in Damascus. Gharib has been accused of detaining over 30 prisoners who were tortured.

While Gharib was eligible for a sentence of more than 10 years, the court considered mitigating factors. His attorney argued “necessity as defense”, in that Gharib feared for his life and his family’s lives if he did not follow orders.

The primary defendant Anwar Raslan, Gharib’s ranking supervisor, has also been charged with overseeing the torture but has not yet been sentenced. He is accused of supervising the torture of over 4,000 people, resulting in at least 58 deaths. 

So, how did the German court become involved?

After leaving Syria in 2013, both defendants sought asylum in Germany in 2019. Raslan approached German Police claiming that the Syrian Secret Service was after him. Following an investigation of his claims, the German Police discovered he was accused of torture. A Syrian refugee also came forward after recognizing Raslan on the street. Gharib was originally a witness in the case against Raslan but became a suspect in torture accusations.

Germany is not only home to over 800,000 Syrian refugees, but also has adopted a policy of universal jurisdiction. The policy allows the German courts to prosecute crimes against humanity that occurred anywhere in the world, regardless of whether the plaintiffs or defendants are German citizens.

But there are international implications that have arisen out of the universal jurisdiction policy, including this landmark case decision. Russia and China have blocked attempts by the United Nations Security Council to prosecute Syrian war crimes in the International Criminal Court. Mohammad Al-Abdallah, the director of the Syria Justice and Accountability Center, claimed that the decision will “deter anyone else from defecting or joining the opposition or supplying information to human rights groups.”

Conversely, many believe that the ruling of aiding crimes against humanity will set an international precedent and facilitate more convictions of crimes against humanity.

For further information, please see:

Associated Press News – Conviction in Landmark Case over Syrian Government Torture – 24 Feb. 2021

Deutsche Welle – Defense calls for acquittal of Syrian on trial for torture – 24 Feb. 2021

NPR – Landmark Verdict in Germany Sentences Syrian Official for Crime Against Humanity – 24 Feb. 2021

The New York Times – An Old Legal Doctrine that puts War Criminals in Reach of Justice – 28 Feb. 2021

ECHR Demands the Release of Opposition Leader Navalny from Russian Prison Over Concern for his Life

By: Hannah Gavin

Impunity Watch Staff Writer

STRASBOURG, France – In February, the European Court of Human Rights (ECRH) stood in clear opposition against Russian leader Vladimir Putin by issuing a written statement calling for the release of opposition leader Alexei Navalny.

Woman examines poster depicting opposition leader Navalny in Rome. Photo Courtesy of the Washington Post.

Navalny has created a firestorm of opposition in recent months against Vladimir Putin and his regime. However, Navalny’s calls have been silenced as he sits in a Russian Prison. The ECHR stated in their press release that Navalny’s arrest was necessary for his own safety. The Court cited a recent attack on his life as the main catalyst for their opinion.

Navalny was arrested in mid-January on a return flight from Germany to Moscow. His flight to Russia was following his absence in the country for months following an extended hospital stay in Berlin. In late August of 2020, Navalny had been traveling on a flight from Siberia to Moscow when he suddenly fell into a coma. He was eventually taken to a hospital in Berlin where a Soviet-era nerve agent was found to have poisoned him. Although Putin has denied Navalny’s accusations that he was behind the poisoning, much of the World assumes Putin was involved. A week prior to his arrest, the Russian Prison Service issued a warrant for Navalny’s arrest stating that he violated the terms of a 2014 suspended sentence for embezzlement. This charge was already ruled on by the ECRH in 2017 and found to be unreasonable. Although the warrant was issued, Navalny believed his arrest would be “impossible” upon his arrival to Moscow and chose to fly back regardless. Since his arrest, Navalny has now also been charged with insulting a WWII veteran. Another move that many believe is meant to silence his opposition. 

In a nation long shut off from the progressing World in many respects, Navalny offered promises of globalism. His goal for Russia was simple, in theory. He wanted a European Russia. A nation connected with the whole of the continent and one that participated in free and fair commerce, communication, and travel. Navalny pushed against the Putin regime which has continued to rule without the true will of the people. For a younger generation of Russians and many of their elder cohorts, Navalny signaled change. However, despite his poisoning and arrest, Navalny continues to inspire. After his poisoning, last year and continuing to today, widespread and often violent protests have ignited across Russia. Navalny’s return to Russia amidst imminent threat only bolsters his supporters. Such an extreme show of bravery and care of Russia reminds the people that what they are fighting for is worth it.

However, regardless of how the ECRH or the globe has responded to Navalny’s arrest, Russia has a different tale. Top Russian officials described the ECRH release as unlawful and claimed it was the Western World attempting to meddle in a domestic issue. Russia’s Justice Minister said that the opinion was not based on even a single fact. He claimed there was no reason to release Navalny under Russian law. He further went on to say that the Court’s issue is impossible to fulfill and was a political move that only exacerbates an already strained relationship.

The implications for Russia’s arrest of Navalny extend beyond the obvious threat he posed to Putin’s grip on unwavering power. Navalny became the figurehead of a movement in Russia, the force of which has not been seen in decades. Navalny’s principals stood in stark opposition to those and gave millions in Russia a sense of hope for the future. With Russia facing potential expulsion from the European Council and sanctions by many Western nations, this may be a turning point for the country. Although Russia is notoriously secretive, the World will wait with bated breath to see if the ECHR ruling will hold any ground. Until then, Russian citizens supporting Navalny will continue to organize and fight for the nation at the center of it all.

For further information, please see:

AP News – Russia Rejects European Rights Court’s Order to Free Navalny – 17 Feb. 2021                     

DW News – ‘Release’ Alexei Navalny, European Court of Human Rights tells Russia – 17 Feb. 2021

DW News – Alexei Navalny: Prosecutors Urge Fine in Slander Case – 16 Feb. 2021

European Court of Human Rights – The Court Grants an Interim Measure in Favour of Aleskey Navalnyy and Asks the Government of Russia to Release him – 17 Feb. 2021

Politico – Kremlin Critic Navalny Arrested After Landing in Moscow – 17 Jan. 2021

Reuters – Russia Dismisses European Court of Human Rights’ Call to Free Navalny – 17 Feb. 2021