By Greg Hall
Impunity Watch Reporter, Europe

NEW YORK, United States – President Mikheil Saakashvili of Georgia addressed the United Nations Assembly accusing Russia of violating human rights, international law, and a 2008 ceasefire between the two countries. In addition to addressing Russia-Georgia relations, Saakashvili’s speech focused on the efforts of the international community to punish perpetrators of human rights violations, efforts, he noted, that validate the UN’s essence.

Thousands of people were displaced when a five-day war erupted between Georgia and Russia on August 7, 2008 after Georgia tried to retake control of South Ossetia.  As a result, Georgia and Russia relations have suffered.

“As I speak, more than 450,000 IDPs [internally displaced persons] and refugees continue to suffer because they are denied their rights, a right reaffirmed over a dozen times by this very house, to return to their homes and villages,” Mr. Saakashvili said, referring to ethnic Georgians who fled the fighting.  “They cannot go back because, in Moscow, a foreign leader has decided that their home is no longer their home.”

Saakashvili claims that dozens of terrorist attacks targeting Georgia have been directly linked to Russian secret services.  The Georgian president also said that for over a year, Georgia has pursued peaceful negations and a diplomatic approach to the conflict.  He now calls on the UN to take action.  Currently, Georgia claims that Russia is occupying over 20 percent of its sovereign territory.

Finally, Mr. Saakashvili stated, “the Cold War is over, but the old Soviet habit to play on ethnic and religious hatreds is still alive.”

Russia’s deputy justice minister, Georgy Matyushkinl, said that Russia’s involvement was in response to illegal and deliberate attacks launched by Georgia.  Michael Swainston, a lawyer representing Russia, said, “nothing allows me to say that the Russian soldiers could have engaged in abuse, or that they were instigators.”

Europe’s Human Rights Court has received over 1940 complaints related to the conflict between Georgia and Russia since 2008, most of which have been against Georgia.

For more information, please see:

UN News Centre – Trying Tyrants for Human Rights Abuses Validates UN, Georgia Tells Assembly – 23 September 2011

UN News Center – Transcript of President Saakashvili Speech – 23 September 2011

Georgian Daily – Russia Acted in Defense, Court Hears – 22 Septmber 2011

By Polly Johnson
Senior Desk Officer, Europe

NEW YORK, United States – United Nations Secretary-General Ban Ki-moon stressed the importance of the “responsibility to protect” populations from genocide, war crimes, and atrocities at the Ministerial Roundtable Discussion on Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities, held in New York yesterday and co-hosted by the Minister of Foreign Affairs of the Kingdom of the Netherlands and the Minister of Foreign Affairs of the Republic of Guatemala, in association with the Global Centre for the Responsibility to Protect.

Ban, who delivered remarks at the meeting, began by noting that Responsibility to Protect, which has become known as “R2P” is at a “critical moment,” as since its endorsement by the World Summit in 2005, “this doctrine has gone from crawling to walking to running.”

R2P’s mission and doctrine is rooted in protecting populations from crimes against humanity, ethnic cleansing, war crimes, and atrocities. The roundtable discussion was meant to share ideas, discuss responses and policy instruments, and initiative effective and coordinated international responses.

Focusing his remarks on how to put R2P’s mission into action, Ban noted that information and assessments about states under stress must be shared. “Effective prevention requires early, active and sustained engagement,” he said, adding that R2P and the international community “need to look at our development, capacity-building and peace-building programmes through the lens of atrocity prevention to be sure they are healing fissures within societies, not deepening them.”

Ban cited specific examples. He noted that in Libya, “the international community found the will and the means to respond.”

However, such responses are not the norm.  He cited Syria and Juba as examples of places where authorities have failed to meet their responsibility to protect.

Ban’s office will collaborate with other UN groups to conduct training sessions on genocide prevention and the R2P in South Sudan, Kyrgyzstan, Lebanon, Colombia and Cambodia, among other places.

Mr. Ban concluded hopefully, commending the “remarkable progress to date” and sustained efforts contributing to the momentum. “Let us do our utmost to ensure that this umbrella of protection covers all who need it.”

For more information, please see:

UN News Centre – Responsibility to protect principle must cover all who need it, Ban says – 23 September 2011

UN Secretary-General Office of the Spokesperson – Secretary-General’s remarks at Breakfast Roundtable with Foreign Ministers on “The Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities” – 23 September 2011

Global Centre for the Responsibility to Protect – Joint Statement: Ministerial Roundtable Discussion on Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities – 23 September 2011

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

BRUSSELS, The Netherlands — On Wednesday, Human Rights Watch issued a twelve-page report, entitled The EU’s Dirty Hands, which provides extensive evidence demonstrating a European agency’s role in exposing migrants to severe human rights violations.

Frontex was established on October 26, 2004 as an executive agency of the European Union (“EU”).  Its purpose has been to generate “cooperation between EU member states on issues of border enforcement.”  Since its establishment, Frontex has played “a key role in enforcing EU immigration policy.” While participating states, like Greece, provide the “manpower and material support,” Frontex employees help to “manage the influx of migrants [including those seeking asylum] into the north-eastern region of Greece along the Evros River bordering Turkey, among other places.”

Commencing in July 2007, Frontex operations were supplemented with the Rapid Border Intervention Team (“RABIT”), designed “as an emergency measure in response to the arrival of a large number of migrants to Greece.” As part of the RABIT mission, Frontex personnel were “authorized to apprehend migrants and then transfer them to Greek counterparts who ran detention centers in Greece.”

The European Court for Human Rights noted in M.S.S. v. Belgium and Greece that Greek detention practices violate Article 3 of the European Convention on Human Rights which strictly prohibits torture and inhuman and degrading treatment, and called the current asylum system “dysfunctional.” The Court went on to hold that Belgium violated the human rights of an Afghan asylum seeker when the State transported him back to Greece. Arguably, Frontex could be liable for such participation under this decision. Human Rights Watch seeks to extend this holding to Frontex, which is bound by the European Convention, by arguing that the Agency is “also responsible for having knowingly exposed migrants to treatment which is absolutely prohibited under human rights law.”

During Frontex’s RABIT mission, Human Rights Watch conducted an investigation of various detention centers in the Evros region of Greece in December 2010.  While there, they found that Greek authorities held “migrants, including members of vulnerable groups, such as unaccompanied children, for weeks or months in conditions that amounted to inhuman and degrading treatment.”

At one detention center, men, women and children are all herded together in a cell where “sewage was running on the floors. According to the Greek guards, this was because the prisoners broke the toilets, while protesting their conditions. The smell was hard to bear, and Greek guards wore surgical masks when they entered the passageway between the large barred cells,” reported Human Rights Watch.

Another detention center held 130 detainees while police authorities reported that the space was meant to hold 48. Furthermore, migrants were forced to “sleep on pieces of cardboard or directly on the concrete floors.” The detainees were given bottles in which to urinate because they did not have access to toilets. They were escorted by prison guards to a field to defecate.

At yet another detention center, 120 migrants were being held in a space meant for 30 people. One boy recounted that for seven days he had been sleeping in the toilet because there was no other space.

A 17-year-old Iraqi boy explained that he tried to escape, but he was caught. “They beat me a lot on my neck, legs, head. They kicked me…for fours hours they tied my hands to the bars…and they threw water on me…I was beaten for 30 minutes or one hour. Everybody beat me. I was not taken to the doctor. I was injured on my fingers, and my nail fell off. For two weeks I couldn’t sleep because I was in so much pain.”

In a separate report issued by Doctors Without Borders, it was revealed that more than “60 percent of the migrant’s medical conditions are directly caused by or linked to the degrading conditions.” 1,147 out of 1,809 patients treated between December 10 and March 2011 were diagnosed with respiratory tract infections, body pains, diarrhea, gastrointestinal disorders, psychological conditions, and skin diseases, all health problems directly related to poor living conditions.

While many of the detainees come to Greece seeking asylum from the turmoil in their own countries, Greece is currently in the midst of its own turbulent financial crisis. At least some of the degrading human rights violations are likely to be an effect of Greece’s fiscal woes.  A commander at one of the detention centers explained that, “they simply do not have the ability to provide better standards: we owe money to laundry and food providers. The detainees don’t have soap now because the supermarket that provided this is fed up. We asked again and again. Some people buy from their own money.  When we get help it is usually not from our state but from others.”

The report has been met with some resistance. For example, EU spokeswoman, Michele Cercone commented in Brussels that, “the logic of placing part of the blame on Frontex was entirely flawed. We’re aware that conditions in some of these centers are unacceptable. But Greek authorities alone bore the responsibility for that.”

Futhermore, Frontex spokesman said that, “the agency welcomed much of the new report, but…transporting migrants to centers where they were interviewed and identified did not constitute complicity in abuse.”

Greek officials have made no immediate comment.

For more information, please visit:

Forbes Magazine – Rights Group: EU Agency Exposing Migrants to Abuse – 21 Sept. 2011

Human Rights Watch – The EU’s Dirty Hands – 21 September 2011

The Washington Post – Rights Group Says EU Border Enforcement Agency Exposing Migrants to Abuse in Greek Detention – 21 September 2011

Doctors Without Borders – Greece: Migrants’ Medical Problems Due to Inhumane Detention Conditions – 15 June 2011

By Greg Hall
Impunity Watch Reporter, Europe

LONDON, England – After World War II, the United Kingdom (UK) passed a law that would enable anyone, even private individuals, to apply for an arrest warrant.  The arrest warrant could be issued to anyone, whether or not the alleged crimes took place in the UK or not.  The warrant, if issued, would bring that person back to the UK to be prosecuted upon approval of the Attorney General. An amended version of the law, which took effect last Thursday, limits the rights of citizens to seek the arrests of foreign politicians accused of allegedly committing war crimes.

Problems arose with the original law because of the very low standard of proof needed for an arrest warrant to be issued. Such problems included the alleged wrongdoer being needlessly put under public scrutiny and individuals purposely making allegations to tarnish another’s reputation. Even the Pope was threatened.  An arrest warrant, which was later dropped, was even issued to such high profile officials as former Israeli foreign minister Tzipi Livni.

The new law is likely to ameliorate British-Israeli relations. After fears that Livni could have been arrested had she not cancelled a trip to the U.K. in 2009, Israel stopped sending delegations to Britain and demanded that Britain amend the law. Israel’s fear stemmed from pro-Palestinian activists seeking arrest warrants for Israeli officials.

The amended bill will still allow for arrest warrants to be issued in countries outside the UK as if the crimes took place in the UK under the banner of “universal jurisdiction.” However, before any arrest warrant is issued, the consent of the Director of Public Prosecutions will be required.  Ideally this will raise the level of scrutiny on allegations and raise the standard of evidence required for an arrest warrant to be issued.  The goal is to reduce the number of unmerited claims and maintain integrity in the criminal justice system.

“We are clear about our international obligations and these new changes to existing law will ensure the balance is struck between ensuring those who are accused of such heinous crimes do not escape justice and that universal jurisdiction cases are only proceeded with on the basis of solid evidence that is likely to lead to a successful prosecution,” said U.K. Justice Minister Kenneth Clarke.

The impetus behind the original version of the law was the notion that some crimes are too heinous to go unpunished.  The amended law seeks to maintain that intent and purpose but will also put an end to allegations that have no real chance of succeeding.

British Ambassador to Israel Matthew Gould emphasized that the UK remains committed to ensure those guilty of war crimes will be brought to justice.  He stated, “The Police Reform and Social Responsibility Act, which has now received Royal Assent, includes an important amendment to ensure that the UK’s justice system can no longer be abused for political reasons, the change will ensure that people cannot be detained when there is no realistic chance of prosecution, while ensuring that we continue to honour our international obligations.”

For more information, please see:

UK Human Rights Blog – War Crimes Arrest Warrant Law Changes – 15 September 2011

YNet News – UK Amends Law That Allows Arrest of Israeli Officials – 15 September 2011

Reuters – UK law on rights arrests ends row with Israel – 15 September 2011

The Guardian – British Court Issued Gaza Arrest Warrant for Former Israeli  Minister Tzipi Livini – 14 December 2009