Europe

Julian Assange to be Questioned by Swedish Prosecutors

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

LONDON, England–

Ecuador’s foreign minister, Ricardo Patino, has announced that the Swedish government will be allowed to question Wikileaks founder Julian Assange at the Ecuadorian embassy in London. Assange has been living in the embassy seeking refuge since 2012, awaiting extradition to Sweden on rape allegations.

Julian Assange, the founder of Wikileaks, will be questioned by Swedish prosecutors with the consent of the Ecuadorian government. Assange has been housed in the Ecuadorian embassy seeking asylum since 2012. (Photo courtesy of Telesur).

Assange’s extradition to Sweden was allowed in 2012 after a long legal battle he ultimately lost in supreme court. After his bail was set for extradition, Assange fled to the Ecuadorian embassy out of fear that his extradition back to Sweden would be a pretext for his extradition to America. Both Assange and his supporters believe he could be charged under the U.S. Patriot Act for posting classified documents on the Wikileaks site.

Under Swedish law, Assange cannot be formally charged without an interview taking place. In December 2014, the Swedish Prosecution Authority announced it was making a new request to interview Assange in London. The British government granted the request last June. “When all necessary permits and arrangements are ready, the interview will be performed by the supporting prosecutor to the case, chief prosecutor Ingrid Isgren, together with a police investigator,” the Swedish authority commented.

The Ecuadorian authorities have responded that they are willing to accept Sweden’s petition to question Assange, “as long as the sovereignty of the Ecuadoran state and the laws in the constitution are respected.” Patino requested that the Swedish prosecutors provide their Ecuadorian colleagues with the questions they will be asking Assange, as well as allowing them to place one of their own prosecutors in the room during the interview.

Kristinn Hrafnsson, a spokesperson for Wikileaks, stated that Assange has embraced the “opportunity to deliver his statement to the prosecutor. Julian has been offering his statement to the prosecutor by various means for five years [in total] and for three-and-a-half years since he went into the embassy – whether via videolink or by the prosecutor coming to London. Let’s hope [the interview] can be carried out as soon as possible. Julian is very eager to get his point of view into the investigation.”

For more information, please see–

The Guardian– Julian Assange to be questioned by Swedish prosecutors in London— 15 January 2016

Latino One– Ecuador Announces Cooperation with Swedish Prosecutors in Julian Assange Case— 15 January 2016

Telesur– Ecuador Gives Sweden Green Light for Assange Interrogation— 15 January 2016

South China Morning Post– WikiLeaks founder Julian Assange free to live in Ecuador if cleared of Swedish charges— 16 January 2016

The Hague to Host Kosovo War Crimes Court

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

AMSTERDAM, The Netherlands–

The Dutch government announced on Friday morning that a special court is being set up at The Hague to try war crimes committed during the 1999-2000 war in Kosovo. The conflict set in opposition the Serbian forces against Albanian rebels, with members of the guerrilla Kosovo Liberation Front (KLF) committing alleged atrocities against political opponents and ethnic minorities. The European Union has mandated the trials to facilitate the country’s integration within the EU system.

 

The Kosovo Relocated Specialist Judicial Institution will be hosted at The Hague, pictured above. (Photo courtesy of Balkans Insight).

Although the trials will be conducted in the Netherlands at The Hague, the court will actually be a national court of Kosovo, with international judges applying Kosovo’s criminal laws. It will retain its nature as a court that administers justice outside Kosovo, rather than becoming an international tribunal.

The court was moved outside the jurisdiction of Kosovo due to the sensitive nature of trying war crimes within Kosovo. Many of those who oppose the creation of the court see it as an “insult” to those who fought against Serbian national forces.

“Possible suspects may be seen by sections of Kosovan society as freedom fighters, and witnesses may feel threatened in Kosovo,” hence the reason for cases to be heard abroad. So we are pleased to be able to offer the court a home. It is important for justice to be done,” Dutch Foreign Minister Bert Koenders said.

An EU task force that investigated the alleged war crimes said there was sufficient evidence to prosecute many senior members of the KLA on charges for unlawful killings, abductions, illegal detention camps, sexual violence, and desecration of religious buildings.

The governments of both Kosovo and the Netherlands have agreed to the arrangements for the court, but the parliaments of each country have yet to approve the measures. The costs for the court will be paid through EU funding.

Kosovo Relocated Specialist Judicial Institution will join other war crimes courts in The Hague, including the International Criminal Tribunal for the Former Yugoslavia. The court is expected to begin operating later this year.

For more information, please see–

Balkan Insight– The Hague to Host New Kosovo War Court— 15 January 2016

BBC– Kosovo war crimes court to try KLA suspects in The Hague— 15 January 2016

Expatica– New court to open in The Hague to try Kosovo war crimes— 15 January 2016

Wall Street Journal– Netherlands to Host Kosovo War Crimes Court— 15 January 2016

Russia Lists U.S., NATO as National Security Threats

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

MOSCOW, Russia–

NATO and the United States are among those Russia sees as its greatest threats to national security, according to a paper released and signed by Russian President Vladimir Putin. He accuses the organization of practicing policies of containment, intensifying military activities of member nations, expanding the alliance, and moving military infrastructure closer to Russia’s borders. The paper itself was a reflection of Russia’s national security strategy, which had not been updated since 2009.

A new national security strategy released on New Years Eve by the Russian government lists both the United States and its NATO allies as threats. This is the latest in cooling relations between Russia and the West. (Photo courtesy of Huffington Post).

The document reflects diminishing relations between Russia and the West over the past two years. Tensions began to rise after Russia annexed Crimea and got involved in the war in eastern Ukraine. As retaliation, the West has imposed sanctions on both the Russian government and individuals aiding perceived Russian aggression.

Putin accuses the West and its allies of attempting to “maintain dominance in global affairs” leading to “political, economic, military, and informational pressure” on Russia. The paper also condemns the West for their stance on the conflict in Ukraine, stating, that it appeared the United States supported an “anti-constitutional coup d’etat in Ukraine.”

Reportedly, Putin has told his aides that he wants the West to admit that Russia has the right to intercede in its sphere of influence in Eastern Europe, without any condemnation or undue influence from NATO. He is also looking for ways to weaken the United States’ ties to Europe, and replace its influence with Russia. Through military interventions in both Syria and the Ukraine, Russia hopes to flex its military muscle and demonstrate that its needs must be met just as much as the U.S. and other Western countries.

The document repeats Russia’s criticism of the Arab Spring revolutions and other “color” revolutions in Eastern Europe, stating that the “practice of overthrowing legitimate political regimes is becoming more widespread, provoking domestic instability and conflicts.” Russia further criticizes the West by blaming the rise of the Islamic State on a “policy of double standards which some countries adhere to in the fight against terrorism.”

For more information, please see– 

BBC– Russia security paper designates Nato as threat— 31 December 2015

Financial Times– Putin names Nato among threats in new Russian security strategy— 2 January 2016

Huffington Post– Putin Lists U.S. As One Of The Threats To Russia’s National Security— 2 January 2016

Reuters– Putin names United States among threats in new Russian security strategy— 2 January 2016

Mein Kampf Enters Public Domain, Set to be Republished in Germany

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

 

BERLIN, Germany–

For the first time since the conclusion of the Second World War, Mein Kampf will be available to the general public in Germany. The manifesto, written by Adolf Hitler in 1925, served as a documentation of his plans to take over Germany and lead the country. After the Allied Powers defeated Nazi Germany in 1945, they handed the copyright of the book over to the German state of Bavaria, where local authorities announced they were banning production of the work to prevent igniting racial tensions in the post war period. Since then, Mein Kampf has been completely out of print within Germany, and its dissemination was made a criminal offense.

A copy of Adolf Hitler’s work, Mein Kampf, from 1940. The work has been banned from Germany since the end of WWII. (Photo courtesy of The Atlantic).

Under German law, a copyright can be held through the life of the author, and 70 years after that person’s death. The work enters into the public domain on January 1st of the following year. In Hitler’s case, those seventy years ended on April 30th, 2015, with Mein Kampf entering the public domain on January 1st, 2016.

Munich’s Institute of Contemporary History is set to publish the new edition of Mein Kampf, with thousands of academic notes, intended to give context to the reader.

The ban’s lift has not been without mixed opinions and criticism. Many accept that times have changed since Mein Kampf was first published, but want an updated introduction and editor’s notes to preface the work. An endnote noting work’s relationship to today’s international politics has also been pushed for, so racial tensions will not be reignited as a result of the new publications.

“Mein Kampf is an important historical document and it should not be erased or forgotten, but it remains important to explain clearly what this work set out to achieve,” commented Philippe Coen, president of the European Company Lawyers Association.

German officials have announced they will limit access to the work amid concerns that neo-Nazi sentiments will arise.  The new editions are set to be released on January 8th.

For more information, please see–

The Atlantic–Who’s Afraid of Mein Kampf?— 31 December 2015

NPR–‘Mein Kampf’ Enters Public Domain; Arguably, Anne Frank’s Diary May, Too— 31 December 2015

BBC– Copyright of Adolf Hitler’s Mein Kampf expires— 1 January 2016

CNN– Hitler’s ‘Mein Kampf’ to be republished in Germany next week— 1 January 2016

Poland’s Governing Party Votes to Curb Power of Highest Court

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

WARSAW, Poland–

The Polish Senate has approved changes to the power of Poland’s highest court, which has sparked mass protests within the country and concerns from the European Union that they could destabilize the rule of law. The bill takes away power from the constitutional court, and only requires the signature of Poland’s President, Andrzej Duda, to become law. Duda is a member of the ruling Law and Justice Party (PiS), which forced the bill through the Senate on an overnight session running from Wednesday to Thursday. The lower house of Parliament had already approved the measures on Tuesday afternoon.

The Polish Parliament debates a new bill to curb the power of the country’s highest court. The bill was passed in the Senate on Thursday during the early hours of the day. (Photo courtesy of the Wall Street Journal).

The new law states that the courts must approve all rulings with a two-thirds majority, instead of the usual simple majority, and requires 13 of the court’s 15 judges to be present when highly contentious cases are before the court. Currently, the law only calls for 9 judges to be present. The law also calls for a mandatory waiting period of three to six months between the request for a ruling and a verdict, rather than the current two-week waiting period.

The opposition party has condemned the bill as an attempt by the PiS to interfere with the justice system and the constitutional court’s independence. These paticular changes, they worry, will decrease the number of cases the already overworked constitutional court will be able to hear per year.  Additionally, they claim the PiS are attempting to take control of the court and erase checks on governmental power. Previously, President Duda has stirred the emotions of the opposition party by swearing in four new judges earlier this month.

The European commission vice-president Frans Timmermans wrote to Poland’s foreign and justice ministers this past Wednesday, urging the Polish government to avoid adopting the law or passing it into effect. “All questions about the law’s impact and effects,” the letter stated, should be “fully and properly assessed.” The Polish justice minister, Zbigniew Ziobro, quickly fired back that Timmermans had been “misled” by the opposition party on the intent and focus of the bill. Similarly, the UN high commissioner for human rights has expressed deep concerns for the effects on the rule of law the changes would create.

For more information, please see–

Wall Street Journal– Polish Governing Party Rushes to Reorganize Legislative Court— 22 December 2015

Russian Times– ‘Coup’ against EU? Poland accused of trampling democracy after new law on top court— 23 December 2015

Associated Press– Polish lawmakers pass contested law on constitutional court— 24 December 2015

The Guardian– Poland’s senate votes to curb power of top court— 24 December 2015