By Greg Hall
Impunity Watch Reporter, Europe 

LONDON, England – Lesbian, gay, bisexual, and transgender (LGBT) individuals picketed the Russian Emabassy in London on July 1 urging Russia’s voting rights at the Council of Europe be suspended because of the country’s violations of the European Convention on Human Rights (ECHR).  On October 21, 2010, the European Court of Human Rights ruled that banning gay pride events violated the right to freedom of assembly. It also ruled that Moscow authorities had unlawfully discriminated against activist Nikolay Aleksandrovich Alekseyev and the organizers of gay pride events on the basis of sexual orientation, and had subsequently denied them a remedy.

The year after the court ruling, Moscow authorities banned the pride event.  Four different applications were made and all four of them were denied.  Eighteen people attempted to defy the ban and hold the event.  However, they were aggressively arrested and persecuted by homophobic groups and religious counter-protesters, just as has happened in the previous six years.

As a consequence of violating the ruling of the European Court on Human Rights, the picketers called for Russia’s voting rights in the Council of Europe to be suspended.  Five people were arrested for picketing a Russian Embassy in France when they went to deliver a petition signed by 14,000 people opposing Russia’s defiance.

Moscow’s Deputy Mayor told the event organizer, Nikolai Alekseyev, that his application to hold the event had been rejected due to the large numbers of objections it had received from members of the public.  However, Nicola Duckworth, Director of Amnesty International’s Europe and Central Asia Programme, responded, “The Moscow City Authorities must overturn their decision to ban this year’s Moscow Gay Pride.  So-called public morality concerns can never be used to justify restrictions on the freedom of expression of lesbian, gay, bisexual and transgender (LGBT) people”.

A poll released in June found that 61 percent of Russians oppose gay pride marches in Russia.  A year ago, 82 percent said that they disapproved.  Human rights campaigner Peter Tatchell said: “The arrest, mistreatment and detention of LGBT activists is illegal under Russia’s constitution, which guarantees the right to peaceful assembly.  It is alarming that this homophobic repression is taking place in Russia’s most liberal city, St Petersburg.  The Council of Europe must take disciplinary action against Russia over its further violation of the European Convention on Human Rights (ECHR). The Russian government must not be allowed to defy the ECHR with impunity.”

For More Information Please See:

Pride Source — LGBTs Picket Russian Embassy in London — 14 July 2011

Pink Paper — Five People Arrested Outside Russian Embassy in Paris — 11 July 2011

Pink Paper — Russian Police Arrest 14 People in Demonstration Row — 27 June 2011

Peter Tachel — Gay Activist Will Defy Ban — 25 May 2011

Amnesty International — Moscow Authorities Ban Gay Pride Event — 18 May 2011

UNHCR — Russia: European Court Rules Gay Pride Ban Unlawful — 21 October 2010

By Polly Johnson
Senior Desk Officer, Europe

STRASBOURG, France – The European Court for Human Rights ruled last week that Britain failed in its responsibility to investigate civilian deaths in Iraq after the 2003 invasion of the country.

Rejecting the United Kingdom’s argument that the British troops were not subject to the European Convention for Human Rights because they were beyond its jurisdiction, the court in Strasbourg, Europe’s highest court, found that British soldiers in Iraq remained bound by the convention in “exceptional circumstances,” which extended to the acts of British soldiers in Iraq.

The case was brought by the Birmingham-based firm Public Interest Lawyers on behalf of Iraqis who said British troops inflicted torture, rape, and death upon their relatives between 2003 and 2006. The Strasbourg ruling overturned a 2007 ruling by the House of Lords, which ruled that there was no UK jurisdiction for the deaths of Iraqi civilians.

The landmark ruling may open the door for Iraqis seeking justice for abuses that occurred under British patrol.

The case involved six deaths that occurred in the Basra area of Iraq between May 2003 and June 2004. Basra at the time was under British patrol. Four victims were shot, while a fifth victim died after being beaten and forced into a river in which he drowned.

The sixth death involved Baha Mousa, who died at a British military base. His father, who identified his son’s body, said Mousa was covered in blood and bruises and had a broken nose.

In its decision, the Court wrote: “[T]he United Kingdom assumed authority and responsibility for the maintenance of security in (southeastern) Iraq. In those exceptional circumstances, a jurisdictional link existed between the United Kingdom and individuals killed in the course of security operations carried out by British soldiers during the period May 2003 to June 2004.”

The relatives of those who died, apart from Mousa, were awarded £15,200 each in damages, and £44, 700 in costs and expenses. Mousa’s family has already been awarded £575,000 in compensation.

Phil Shiner, part of the team at Public Interest Lawyers said of the ruling: “This is a monumental judgment . . . and an important day for our clients, many of whom can now force what the MoD has long-denied them – a public inquiry uncovering the truth about what the British army did to them and their loved ones.”

The Ministry of Defense said: “We are disappointed by these Strasbourg judgments and we will consider them in detail before deciding on our next steps.”

For more information, please see:

BBC News – Court ruling ‘paves way for UK Iraqi abuse hearings’ – 7 July 2011

Belfast Telegraph – Human rights ruling on Iraq troops – 7 July 2011

CNN – Court: Britain obligated to probe civilian deaths in Iraq – 7 July 2011

Guardian – Iraq abuse ruling by European court says UK failed human rights role – 7 July 2011

Telegraph – British troops in Iraq had a duty under human rights laws, European court rules – 7 July 2011

By Polly Johnson
Senior Desk Officer, Europe

THE HAGUE, Netherlands – In a landmark ruling, a Dutch appeals court in The Hague ruled on Tuesday that the Dutch state was responsible for the deaths of three Bosnian Muslim men in the infamous 1995 Srebrenica massacre.

Analysts have called the ruling historic and a possible floodgate for future compensation claims for victims of the Srebrenica massacre. The court ordered the Dutch government to pay compensation to the dead men’s relatives.

The three Bosnian Muslims became members of the Dutch peacekeeping group known as “Dutchbat” in July 1995 and took shelter in the Dutchbat-run United Nations “safe” compound on July 11, 1995.  When Bosnian Serbian troops under the command of General Ratko Mladic invaded the compound, Dutch peacekeepers turned the three Bosnian Muslim men over to Mladic’s troops. They, along with more than eight thousand Bosnian Muslim men and boys, were subsequently rounded up and shot, marking the deadliest European massacre since World War II.

The appeals court has now ruled that the Dutch peacekeepers were wrong to turn the three men over to Mladic’s forces, and more, that the Dutch state bore responsibility for their deaths. Now, the court ruled, the government must pay damages to the victims’ next-of-kin.

The ruling renewed an age-old debate regarding the Dutch role in the Srebrenica slaughter and to what extent the Dutch peacekeepers could have prevented the massacre. The discussion has been amplified since the capture and arrest of General Mladic, who is currently awaiting trial at The Hague on charges of crimes against humanity and genocide related to his role at Srebrenica.

Relatives of the victims praised the court’s decision, which overturned a previous decision by the Netherlands ruling that the state was not responsible for the deaths because the Dutchbat was operating under a UN mandate.

“This ruling is a very good thing. It certainly paves the way that the Dutch state be also proclaimed responsible for what has happened in Srebrenica, for other victims also,” said Sabaheta Fejzic, whose husband and son were killed at Srebrenica and who is a part of the Mothers of Srebrenica association.

“The fact that the state is finally held responsible for this act of cowardice is some little relief,” Fejzic said.

The case was brought by relatives of Rizo Mustafic, who worked as an electrician for the Dutchbat, and by Hasan Nuhanovic, an intepreter who lost his father and brother at Srebrenica.

For more information, please see:

ABC News – Dutch found responsible for Srebrenica deaths – 5 July 2011

BBC – Dutch state ‘responsible for three Srebrenica deaths’ – 5 July 2011

Independent – Dutch state admits responsibility over Srebrenica deaths – 5 July 2011

Irish Times – Netherlands ruled at fault over three Srebrenica deaths – 5 July 2011