Europe

Turkish Laws Violate Right to Speech, Association and Assembly

By Ricardo Zamora

Impunity Watch Reporter, Europe

ISTANBUL, Turkey – In a report released today, Human Rights Watch revealed that Turkey, through anti-terror laws, seeks to prosecute peaceful demonstrators as though they were armed militants.  Human Rights Watch cautions that such sweeping laws violate freedom of expression, association, and assembly.

After a suicide bombing during a Kurdish demonstration in Istanbul yesterday, local authorities are seeking to prosecute many attendees even though they were not involved in the bombing itself.

This is not a new approach for the Turkish government.  Over the past three years, courts have prosecuted demonstrators through the use of the 2005 Turkish Penal Code and case law.  Hundreds of Kurdish demonstrators are currently incarcerated awaiting the outcome of their trials or appeals.

“When it comes to the Kurdish question, the courts in Turkey are all too quick to label political opposition as terrorism,” said Emma Sinclair-Webb, Turkey researched at Human Rights Watch and author of the report.  “When you close off the space for free speech and association, it has the counterproductive effect of making armed opposition more attractive.”

In July, parliament amended laws to prevent the prosecution of Kurdish children who attend such demonstrations and quashed any current convictions.  However, Turkey’s approach to handling adults went unchanged.

Now, Human Rights Watch is calling Turkey to similarly amend its approach to the prosecution of Kurdish adults in related cases.

“Ending the prosecution under these laws of most child demonstrators was an important step forward,” Sinclair-Webb said. “But allowing laws clearly aimed at terrorism to be used against adult demonstrators inflicts immense damage on free expression, assembly, and association in Turkey.”

The report documents many “violations” which authorities found sufficiently severe to subject otherwise legal demonstrators from being subject to Turkey’s anti-terror laws and penalties.  For example, several individuals have been convicted for simply shouting slogans, making victory signs and throwing stones.  Sentences handed down for those offenses range from 10 years and 5 months to 11 years and 3 months.

“The government should complete the task of reform by changing laws relating to adult demonstrators, to bring them fully into line with Turkey’s human rights obligations,” Sinclair-Webb said.  “Throwing people in jail is not way to halt terrorism – or protest.”

For more information, please see:

IFEX – HRW Report Shows Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Human Rights Watch – Turkey: Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Monsters & Critics – Turkey Accused of Using Terror Laws to Stifle Kurdish Protests – November 1, 2010

Amnesty International Urges Italy To Respect Rights of Possible Asylum Seekers

By Christina Berger
Impunity Watch Reporter, Europe

CATANIA, Italy — Amnesty International called on Italian authorities on Friday to investigate the forcible return of 68 people to Egypt after they were intercepted near the coast of Sicily. Amnesty International is questioning whether the migrants were given the opportunity to apply for asylum and international protection.

Italian coast guard boats patrolling waters near Catania, Sicily intercepted the Egyptian fishing vessel on Tuesday. The boat was carrying about 130 migrants, who identified themselves as Palestinians. The authorities arrested seven suspected human traffickers when they boarded the fishing vessel, and the other people were taken to a sports facility in Catania. They were detained for 24 hours in order to facilitate identification and return arrangements, the Italian authorities said.

On Wednesday, 68 of the migrants were put on a plane to Cairo, Egypt because Italian authorities claimed they were illegal immigrants from Egypt and not Palestinians. Amnesty International is questioning how identifications were made and protection needs assessed, and whether these migrants were given appropriate information and opportunity to seek asylum in accordance with international refugee and human rights laws.

“All people rescued at sea must be given the opportunity to seek asylum and to have their claims assessed in a fair and satisfactory asylum-determination procedure,” said John Dalhuisen, Amnesty International’s Deputy Director for Europe and Central Asia. “There are concerns that in this case none of the individuals, included the 68 deported, was given such an opportunity.”

According to Amnesty International, organizations such as the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, Save the Children, and the Italian Red Cross were repeatedly denied access to the migrants. This is believed to be the first time since 2005 that an official request from the UNHCR was denied in Italy.

For years, thousand of migrants from Africa attempted crossing the Mediterranean Sea to reach Italy, but that number has been drastically reduced since Italy and Libya made a deal in 2008 requiring migrants intercepted in international waters to be returned to Libya. Human rights groups argue that this deal violates the rights of asylum seekers. Amnesty International has broadly urged Italian authorities to stop mass summary expulsion of foreign nationals in order to conform with international laws and standards aimed at protecting the rights of asylum seekers.

For more information, please see:

AMNESTY INTERNATIONAL — Italy Urged To Stop Mass Expulsions — 29 October 2010

AFP — 128 immigrants intercepted off Sicily in Egyptian fishing vessel –27 October 2010

DEUTSCHE PRESSE-AGENTUR — Italian coast guard intercepts 128 migrants — 26 October 2010

Kosovo Continues to Allow Re-Admission of Deportees Despite Concerns of Human Rights Abuse

By Ricardo Zamora

Impunity Watch Reporter, Europe

Several human rights groups are urging European countries to halt the deportation of displaced Roma and other minorities into Kosovo where they face discrimination and human rights violations.

In a report released today, Human Rights Watch reports that deportees face numerous hardships upon return to Kosovo including lack of proper healthcare, difficulties in integrating into society, and a lack of education for their children.  The deportees also have difficulty obtaining identity documents, employment, and social welfare services.

While now independent despite Belgrade’s claim of sovereignty over it, Kosovo is plagued by poverty, unemployment, and crime.  Hostility among ethnic groups creates an environment with a high potential for violence.

“Europe is sending Kosovo’s most vulnerable people back to discrimination, exclusion, poverty, and displacement,” said Wanda Troszczynska-van Genderen, Western Balkans researcher at Human Rights Watch.  “If Europe’s leaders are serious about improving the plight of Roma, Ashkali, and Egyptians, they should suspend the deportations to Kosovo and ensure adequate support to those who have already been sent back.”

The report notes that over 50,000 minorities have been deported back into Kosovo since 1999 and expresses concerns over a significant rise in that number.  The report explicitly voices concerns over some 12,000 people facing deportation in Germany alone.

But a recent policy shift on deportations to Kosovo by the German state of North Rhine-Westphalia, where almost 40% of the refugees are living, suggests that reform is possible.  A September decree issued by the state’s Interior Ministry recognized the need for special protection of these minority groups, requires individual screenings prior to deportation, and recommends not deporting school-age children.  While decree does not completely disallow deportations, Human Rights Watch says that it is a positive step toward reform and gives hope to many of the 12,000 people currently at risk of deportation.

Nevertheless, concern stems from the Kosovo government who, seeking international recognition and under pressure from Europe, has signed readmission agreements with Germany, Belgium, France, Switzerland and Norway.

“These agreements, and the absence of screening by Kosovo prior to (return) open the door to ever greater numbers of deportations, create a real risk of human rights abuse, and escalate crisis conditions for deportees, their families, and the broader Kosovo community,” the Human Rights Watch report warned.

For more information, please see:

Human Rights Watch – Kosovo: Europe Returning Roma to Face Hardship – October 28, 2010

The Star – Roma Forced Back To Dire Poverty, Deprivation – October 28, 2010

WAZ – Human Rights Watch Denounces Roma Deportations to Kosovo – October 28, 2010

European Court Condemns Russia For Gay Pride Bans

By Christina Berger
Impunity Watch Reporter, Europe

STRASBOURG, France — The European Court of Human Rights ruled on Thursday that Russia unlawfully banned gay pride marches and picketing in Moscow in 2006, 2007, and 2008. The Court held that Russia violated Article 11 of the European Convention on Human Rights, which guarantees a right to freedom of peaceable assembly, and Article 14, which prohibits discrimination in the enjoyment of the rights set forth in the Convention.

The case was brought before the court by Nikolay Alekseyev, a gay rights activist. He organized several marches in Moscow in 2006, 2007, and 2008 to bring attention to the discrimination faced by gays and lesbians. Many gay pride events were denied official permission to demonstrate. Events that were carried on anyways were usually immediately disbanded and demonstrators were sometimes beaten by police.

Yuri Luzhkov, the Moscow mayor during the time in question, was vocal about his disapproval of homosexuals. He had been on record as calling homosexuals “satanic” and his determination to prevent gay pride marches was recorded on numerous occasions. The court noted this in its opinion, recognizing that the marches and events were banned not for public safety reasons, but rather for government officials’ disapproval of homosexuality.

The Court reasoned in its judgment opinion in Alekseyev v. Russia, “The Court further reiterates that it would be incompatible with the underlying values of the Convention if the exercise of Convention rights by a minority group were made conditional on its being accepted by the majority. Were this so, a minority group’s rights to freedom of religion, expression and assembly would become merely theoretical rather than practical and effective as required by the Convention.”

The Court ordered the Russian government to pay Alekseyev just over $40,000 in damages and legal fees. The European Court of Human Rights was established by the European Convention on Human Rights, of which Russia is a party, so this decision is binding on Russia.

For more information, please see:

AP — Court condemns Moscow gay pride bans — 21 October 2010

NYT — European Court Fines Russia for Blocking Gay Protests — 21 October 2010

BBC — European court fines Russia for banning gay parades — 21 October 2010

EUROPEAN COURT OF HUMAN RIGHTS — Alekseyev V. Russia, Judgment — 21 October 2010

Asylum Seeker Dies During Deportation

By Ricardo Zamora

Impunity Watch Reporter, Europe

LONDON, England – Three men have been arrested in connection with the death of an Angolan national during a deportation.  Jimmy Mubenga, 46, died last week shortly after boarding a flight to his home country.  He was flying back subject to deportation orders after his application for asylum in the United Kingdom was denied.

Last Tuesday, Jimmy Mubenga, escorted by three G4S security guards, was put on British Airways flight 77 from Heathrow to Luanda, Angola.  G4S is an international organization specializing in sensitive security operations.  The U.K. contracts G4S to escort deportees to the Home Office.

Shortly after boarding his British Airways flight, a verbal outbreak prompted the guards to forcefully detain Mubenga in his seat. Several witnesses to the detention said that the three security guards who detained Mubenga complained about Mubenga’s breathing throughout the ordeal.

The Guardian reports that witnesses recalled Mubenga being handcuffed and sat between two guards at the rear of the aircraft.  At some point Mubenga began shouting and resisting his deportation and the guards restrained him in his seek despite his shouting “I can’t breathe” until losing consciousness.

Mubenga’s family has called witnesses to come forward with any other information which may assist in the investigation.

“If, as eye-witness report suggest, Mr. Mubenga was complaining of breathing difficulties, questions must be asked as to why help was not called for sooner,” Keith Vaz, chair of the Commons home affairs select committee, said.  “When removing people from the UK, human rights must be fully respected at all times,” he added.