Europe

Poland’s Holocaust Bill Stirs International Condemnation

By Jenilyn Brhel
Impunity Watch Reporter, Europe

WARSAW, Poland – A controversial new Holocaust speech bill that would impose jail terms for individuals suggesting Poland was complicit in the Holocaust is drawing international condemnation.

Anna Azari, Israel’s ambassador to Poland, leaves a meeting with the Polish Senate on February 1, 2018. Photo Courtesy of Agencja Gazeta.

In a 57-23 vote and two abstentions, the Polish Parliament passed the measure on Thursday, February 1, the eve of Holocaust Remembrance Day. The law must be signed by President Andrzej Duda before becoming law.

If passed, the law will impose at a minimum fines and at a  maximum three-year prison sentences for individuals who mention phrases like “Polish death camps.”

The legislation specifically states that “whoever accuses, publicly and against the facts, the Polish nation, or the Polish state, of being responsible or complicit in the Nazi crimes committed by the Third German Reich … shall be subject to a fine or a penalty of imprisonment of up to three years”.

Poland was invaded and occupied by Nazi Germany in 1939. Death camps built by Germans were operated on Polish land. Three million Polish Jews were killed in the Holocaust.

Under mounting international pressure, President Duda has agreed to review the bill to determine whether he will sign it, but has stated that “we, as a state, as a nation, have a right to defend ourselves from an evident slander, an evident falsification of historical truth, which, in this case, for us is a slap in the face.”

Congress has urged Polish officials not to pass the bill, stating concerns that the bill will inhibit freedom of speech and threaten Poland’s international relationships.

Benjamin Netanyahu, Israel’s Prime Minister called the law “baseless; I strongly oppose it,” in a statement released on Saturday. “One cannot change history, and the Holocaust cannot be denied.”

International organizations such as Israel’s Holocaust Museum, Yad Vashem, the United States Holocaust Memorial Museum and the Simon Wiesenthal Center in Los Angeles have also condemned the legislation.

The bill has resulted in a resurgence of anti-Semitism in the country. Anti-Semitic comments on social media in Poland have increased, with minority groups calling on President Duda to “counteract all forms of xenophobia, intolerance and antisemitism.”

A number of Polish artists, journalists and politicians have signed an open letter calling for the bill’s repeal.

The pending legislation has been in preparation for more than a year. President Duda has three weeks to decide whether to pass the law.

For more information, please see:

ABC News – Minority Groups in Poland Decry Aggression, Anti-Semitism – 4 February 2018

BBC News – Poland’s Senate Passes Controversial Holocaust Bill – 1 February 2018

The New York Times – Poland’s Holocaust Blame Bill – 29 January 2018

The New York Times – Poland Tries to Curb Holocaust Speech, and Israel Puts up a Fight

Reuters – Pressure Mounts on Poland to Back Away From Holocaust Bill – 3 February 2018

Drive-by shootings injured six, shaking Italian city

 

Bystanders near the location of the shootings. Image courtesy of EPA/BBC News.

By: Sara Adams
Impunity Watch News Reporter, Europe

MILAN, Italy – Italian police detained a suspected gunman on the morning of February 3rd in the town of Macerata.

The arrest comes after the man opened fired on several people, all of whom are foreign nationals. It has been stated that all six victims of the shootings were black.

The shootings were likely racially motivated. Reports indicate that the man, 28-year-old Luca Traini, gave a Fascist salute upon arrest.

Additionally, Italian news organizations speculate that the shooting may have been in response to the murder of an 18-year-old girl by a 29-year-old Nigerian migrant.

The homicide of Pamela Mastropietro sparked outrage by many locals. Shortly after the arrest of the murder suspect, several people took to the victim’s mother’s social media pages to post racially-charged comments.

Many of these comments urged revenge against foreign migrants.

While it remains to be seen whether the alleged shooter was motivated by revenge for Pamela Mastropietro, Macerata’s mayor believes the killings were racially motivated.

The mayor of Macerata, Romano Carancini, told CNN he “believes” the drive-by shootings “to be connected to the recent slaying” of Ms. Mastropietro.

“The closeness of these two events makes you imagine that there is a connection,” Mr. Caracini said.

It also appears that the shootings occurred close to where Ms. Mastropietro’s body was found earlier this week.

More information about the alleged shooter is slowly being released.

The alleged shooter was formerly a candidate in the close by town of Carridonia. His party affiliation was with the Northern League, a right-wing anti-immigration group in Italy.

Italy’s general election for a new national government will be held on March 4th. The newly revamped “Northern League” is now called simply “the League”.

Matteo Salvini, the leader of the League, has used the murder of Ms. Mastropietro in his campaign for control over Italy’s government. The League has joined a coalition of other far-right wing parties, including the 5-Star Movement.

Meanwhile, current Prime Minister of Italy, Paolo Gentiloni, has suspended his own campaign in reaction to the shootings.

“One thing is certain,” Mr. Gentiloni stated, “horrendous crimes and criminal behavior will be prosecuted and punished. This is the law.”

“Hatred and violence will not succeed in dividing us.”

Mr. Caracini echoes this sentiment, telling CNN, “we must be united against hatred.”

For more information, please see:

ABC News – The Latest: Italy PM condemns drive-by shooting of Africans – 3 February 2018

CBS News – Italy, Macerata attack: Gunman targets black foreigners in drive-by shooting – 3 February 2018

The Independent – Italy drive-by shootings: Gunman ‘targeting black people’ opens fired on pedestrians in city of Macerata – 3 February 2018

CNN – Man arrested in Italy in drive-by shootings of foreigners – 3 February 2018

BBC News – Italy drive-by attack targets immigrants in Macerata – 3 February 2018

Advocate General Supports Residency Rights for Same-Sex Spouses in EU

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – In a major step forward for the European Union, an advocate general of the European court of justice said that residency rights should be accorded to all same-sex couples regardless of whether the member country legally recognizes same-sex marriages.

Clay Hamilton, left, and Adrian Coman fought for Hamilton’s residency in Romania. Photo Courtesy of Vadim Ghirda.

In an opinion published on January 11th, Melchior Wathelet, a European court of justice advocate general in Luxembourg, issued an opinion stating that gay spouses had residency rights even in member countries where gay marriage is not authorized.

“Although member states are free to authorize marriage between persons of the same sex or not, they may not impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex, a national of a non-EU country, a right of permanent residence in their territory,” Wathelet said.

The European court of justice is the highest court in Europe. The court of justice still needs to rule on the case. Opinions given by advocate generals are non-binding, but they are usually followed by the court in full.

The opinion arose out of a case in Romania surrounding Arian Coman, a Romanian national, and his husband, Claibourn Robert Hamilton. The couple married in Brussels in 2010. A few years later they wanted to move to Romania from their residence in New York, but Hamilton was denied the right to residence there because he could not be classified as the spouse of Coman in the country. Romania does not recognize same-sex marriages.

In his opinion, Wathelet stated that the European Union was neutral on the gender of a spouse. Current law permits non-European Union spouses to move to the member nation of his or her spouse.

Coman and Hamilton are thrilled with the verdict. “Romanian citizens can’t be divided into good and gay. We can’t be treated as inferior citizens, lacking equal rights, based on prejudices that some have about homosexuality,” Coman said in a written statement.

Currently, 22 of the 28 member nations of the European Union either legally recognize same-sex marriages or have some protections in place.

“In view of the general evolution of the societies of the member states of the EU in the last decade in the area of authorization of same-sex marriage” recognition of marriage as “a union between two persons of the opposite sex” is no longer an appropriate categorization.

Legislation which would legally recognize same-sex marriages remains to be enacted in Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia.

For more information, please see:

BBC News – EU top Court Told Same-Sex Spouses Have Residence Rights – 11 January 2018

The Guardian – Gay Spouses Have Rights in all EU Countries, Says European Court Official – 11 January 2018

The New York Times – Same-Sex Spouses Should Have E.U. Residency Rights, Court is Told – 11 January 2018

Reuters – EU Court Adviser Backs EU-Wide Recognition of Same-Sex Spouses – 11 January 2018

U.S. News and World Report – Gay Couples Merit EU Residency Rights, Court Adviser Says – 11 January 2018

Iceland Becomes First Country to Enact Mandatory Equal Pay Law

By Jenilyn Brhel
Impunity Watch Reporter, Europe

REYKJAVIK, Iceland – Iceland has enacted a new law that requires all companies and government agencies to pay men and women equally.

Iceland’s Parliament in Reykjavik. Photo Courtesy of Frank Augstein.

The legislation was announced by Iceland’s parliament, which is approximately 50 percent female, on International Women’s Day.

The new law, known as the Equal Pay Standard, requires that all companies with more than 25 employees obtain an official certification showing they provide equal pay for work of equal value. The law is not voluntary, as opposed to many existing equal pay laws currently in existence throughout the world.

In order to remain compliant, companies must analyze their salary structures every three years. The analysis must then be provided to the government for recertification. Companies not in compliance will face penalties including fines.

Iceland has been at the forefront of the push for wage equality. However, despite strides that have been made in recent years, gender pay gap problems have not been eliminated.

Demonstrations occurred in October 2016 to protest the wage gap. In one instance, thousands of women coordinated a walk-out from their jobs at a coordinated time of 2:38 pm. Women’s rights groups calculated this to be the time when women stopped being paid for equal work and began working for free.

Ms. Valdimarsdottir, one of the organizers of the walk-out, said “We have come a long way and we are in the forefront of gender equality in the world. But we are so far from having equality in Iceland.”

Iceland has maintained the best overall score on the World Economic Forum’s Global Gender Gap Report for the past nine years. This report measures wage differences between men and women in areas such as health, economics, politics and education in 144 countries. Iceland ranks 5th in the report for wage equality.

The law is largely supported by the general population in Iceland, with just 21 percent in opposition.

While critics say that the cost of audits will be expensive, many proponents believe that the law will be of greater benefit to society as a whole.  “This is a cost that… we decided that… would be of benefit to society and that was of more benefit than… saving companies money” said Brynhildur Heidar- OG Omarsdottir, managing director of the Icelandic Women’s Rights Association.

Iceland has vowed to eradicate the gender pay gap entirely by 2022.

For more information, please see:

CBS News – Women of Iceland are now Required to Earn Equal pay to men – 3 January 2018

The New York Times – Iceland Makes Companies Prove That They are not Paying Women Less – 3 January 2018

NPR – New Law in Iceland Aims at Reducing Country’s Gender pay gap – 5 January 2018

Murder of Human Rights Lawyer Sparks Protests in Kiev

By Jenilyn Brhel
Impunity Watch Reporter, Europe

KIEV, Ukraine – A well-known human rights lawyer and activist was murdered just days after helping to block an influential Ukrainian judge’s nephew from being released from jail.

A Photo of Iryna Nozdrovska Adorns her Coffin. Photo Courtesy of Efrem Lukatsky.

Iryna Nozdrovska’s body was discovered in a river by a passerby in Ukraine’s capital city of Kiev on January 1st. She had been stabbed multiple times.

Nozdrovska rose to fame in Ukraine for her role in preventing the release of the driver who ran down her sister while under the influence of drugs and alcohol in 2015.

Dmytro Rossoshansky was sentenced to seven years in jail this past May for the death of Svitlana Sapatanyska, Nozdrovska’s sister. Rossoshansky ran down Svitlana while she walked to work. He was found to be under the influence of drugs and alcohol.

Rossoshansky had served just eight months of his sentence before applying for amnesty. Nozdrovska spearheaded a public campaign to bring awareness to the case and help prevent Rossoshansky from being released. His application was denied in December.

Nozdroska received several death threats before and after the original trial as well as during the hearing on appeal this past December. Rossoshansky’s father told Nozdrovska at the appeal “this will end badly for you.” Nozdrovska was steadfast in her efforts despite these threats, and said of the case, “I will win…if it costs me my life.”

A rally outside the police headquarters drew hundreds of supporters on January 2 in Kiev in response to Nozdrovska’s murder. The protesters called for an investigation into her death.

Nozdrovska’s murder comes at a time when calls for reform in the criminal system have risen. A staggeringly low 0.5 percent of Ukrainians said that they trusted Ukrainian judges in a survey conducted in 2016.

Mykhailo Zhernakov, a former judge and the current director of a judicial reform group, Dejure, said, “It’s almost a cliché case, where a relative of a judge avoids punishment and the person who tries to fight this injustice is herself punished in the most horrible way.”

Corruption is deeply rooted in Ukraine’s court-system. Nozdrovska’s struggle for justice and ultimate victory for her sister became a symbol in Ukraine for the fight against corruption.

The governments’ response to the murder is “a test of our society’s ability to protect female activists and to ensure justice as a whole,” the Ukrainian foreign minister, Pavlo Klimkin said.

Despite her mother’s murder, her daughter, Anastasia Nozdrovska, is studying law at university in Kiev. “She always fought injustice in this country. She wanted me to be a fighter, too,” Nozdrovksa said.

For more information, please see:

BBC News – Ukraine Murder Probe Over Lawyer Nozrovska’s Death – 2 January 2018

The Guardian – Killing of Lawyer Sparks Protests Against ‘Criminal System’ – 4 January 2018

The New York Times – In Ukraine, a Successful Fight for Justice, Then a Murder – 9 January 2018

NY Daily News – Funeral Held for Lawyer Found Stabbed in River – 9 January 2018

Irish Times – Ukraine Claims it has Caught Killer of Campaigning Lawyer – 9 January 2018