By Ben Kopp
Impunity Watch Reporter, Europe

ATHENS, Greece – Greek authorities began arresting the Golden Dawn party’s leaders and supporters accused of creating a criminal organization, rather than a political party. Human rights groups have previously accused the group of links to attacks on immigrants.

Golden Dawn is Greece’s extreme-right political party with neo-Nazi roots. In May 2012, the party first entered parliament by capitalizing on the financial crisis, rising crime, and anti-immigrant sentiments. Often, Golden Dawn members and supporters were suspected of violence against immigrants and political opponents; particularly Communists.

The 18 September 2013 death of rapper Pavlos Fyssas sparked outrage and protests throughout Greece, which compelled a government-ordered investigation. After police arrested the suspect, he admitted to the stabbing and identified himself as a Golden Dawn supporter. While police examined cellphone records of the suspect and 300 others connected to the party, Golden Dawn denied any connection between themselves and the suspect.

In the 2012 general election, Golden Dawn won almost 7% of the vote. Despite the party’s denial of connection to Fyssas’s death, Golden Dawn has lost appeal in the past week.

Many Greeks have called for the government to ban Golden Dawn. However, Greece’s constitution does not allow political parties to be banned.

On 28 September 2013, Greek authorities arrested the Golden Dawn party’s leader, Nikos Michaloliakos, along with other lawmakers and supporters of Golden Dawn. The arrests are part of a government crackdown on the anti-immigrant party. This is the first time since the democratic restoration in 1974 that sitting members of Parliament have been arrested. The 17 lawmakers arrested were charged with forming a criminal organization.

At least one police officer was also arrested, in connection with accusations of law enforcement ignoring Golden Dawn violence and immigrant mistreatment.

Golden Dawn expressed outrage at the arrests in a text message to journalists: “We call upon everyone to support our moral and just struggle against the corrupt system! Everyone come to our offices!”

“It is an unprecedentedly dynamic response to a neo-Nazi organization,” government spokesman Simos Kedikoglou told The Associated Press. “The prime minister and the government were determined to deal with Golden Dawn solely through the justice system…We have succeeded in stripping them of their political cover and deal with them as what they really are, a criminal organization.”

Greece’s Supreme Court and anti-terrorist squad have begun handling the case. Unless convicted, Golden Dawn lawmakers will retain their parliamentary seats.

Recently, Golden Dawn suggested that its deputies might resign to provoke elections.

“Justice, stability, no elections,” said Prime Minister Antonis Samaras.

For further information, please see:

BBC News – Greece’s Golden Dawn Leader Michaloliakos Held in Crackdown – September 28, 2013

CNN International – Greece: Golden Dawn Party Leader and 4 Lawmakers Arrested, Police Say – September 28, 2013

Euronews – Greek Police Arrest Far-Right Golden Dawn Party Leader – September 28, 2013

Reuters – UPDATE 4-Greek Police Arrest Leader, Lawmakers of Far-Right Golden Dawn – September 28, 2013

Washington Post – Greek Authorities Arrest Leader, Others from Extreme Right Party in Escalating Crackdown – September 28, 2013

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The European Court of Justice advised a British woman that she and her British surrogate were entitled to the same maternity leave as birth and adoptive parents, under the EU Pregnant Workers Directive. In a separate advice, the ECJ stated that an Irish woman and her Californian surrogate were not entitled to maternity leave.

In the U.K., while birth parents and women who adopt are entitled to the same maternity leave by statute, families who use a surrogate mother are not covered. However, the European Court of Justice (ECJ) advised that a British woman whose child was born to a surrogate mother was entitled to paid maternity leave.

In 2010, the Newcastle woman, C.D. used sperm from her partner to have a baby through a surrogate mother. Within an hour of the August 2011 birth, C.D. took over as the baby’s mother and began breastfeeding.

C.D. quickly discovered that her employer, National Health Service (NHS) was not obliged to pay for her maternity leave. On taking NHS to court, C.D.’s question went to the ECJ in Luxembourg, the highest tribunal for matters of EU law.

In response, ECJ Advocate General Juliane Kokott, who provides nonbinding legal advice, advised that both the intended and birth mothers should be permitted the same rights as birth and adoptive parents because surrogacy is legal in Britain. However, any maternity leave used by the woman who gives birth to the child must be deducted from the total leave taken by the mother. Nevertheless, each woman must receive at least two weeks.

According to Harriet Bowtell, an employment lawyer from Slater & Gordon, if the Court of Justice approves the Kokott’s opinion, the UK will be obliged to amend its equality act.

Although initial opinions are generally accepted as the basis for the final decision, another ECJ Advocate General, Nils Wahl reached the opposite conclusion of Kokott’s in a case originally taken to Ireland’s Equality Tribunal. Instead of two British women, Wahl’s case involved an Irish biological mother receiving a child born in California.

To prevent the exploitation of women in financial difficulty, eight EU member states prohibit surrogacy. These states also share a concern that surrogates would face emotional distress when forced to give up the child they carried to birth.

In the U.S., while the federal Family Medical Leave Act provides all workers at companies of at least 50 employees up to 12 weeks of unpaid leave to take care of a relative, there is allegedly no federal right to paid maternity leave. As such, surrogacy laws vary between states, which may limit how much surrogate mothers can be paid; and surrogacy policies vary between employers.

If extended the protection of EU law, potential surrogates and parents who choose surrogacy will see a greater incentive to stay with that choice in the future.

For further information, please see:

Guardian – Intended and Birth Mother in Surrogacy Entitled to Maternity Leave, Says ECJ – September 26, 2013

The Independent – Surrogacy Mother Wins Maternity Leave Ruling in EU Court – September 26, 2013

Irish Times – European Court Finds against Irish Woman in Surrogacy Case – September 26, 2013

Wall Street Journal – Surrogate Births Stir Divisions in EU – September 26, 2013

by Tony Iozzo
Impunity Watch Reporter, Europe

SALEKHARD, Russia – Russian President Vladimir Putin stated on Wednesday that thirty activists who were arrested for protesting on Russia’s first Arctic offshore oil platform in Prirazlomnaya violated international law, but indicated that he did not believe they should be charged with piracy.

Thirty activists from Greenpeace, a non-governmental environmental organization, were towed aboard their ship to shore after two of the individuals aboard attempted to climb aboard the Russian oil rig to protest Russia’s plans to conduct Arctic oil drilling.

Russian authorities seized their ship, the Arctic Sunrise, and led the activists to detention centers in Murmansk.

“All thirty people were sent to different investigative detention facilities in Murmansk and the Murmansk region. Today questioning continues, but lawyers and diplomatic representatives are not allowed to visit the activists,” Greenpeace-Russia spokeswoman Tatyana Vasilyeva said.

The activists were to be questioned on Wednesday. On Tuesday, Russian investigators stated they had opened a criminal investigation on suspicion of piracy, which is punishable by up to fifteen years in jail.

“It is absolutely evident that they are, of course, not pirates,” stated President Putin.

Greenpeace is concerned with Russia’s plan to conduct Arctic oil drilling, as they contend it poses a threat to the fragile eco-system. They stated that scientific evidence shows any oil spill from Prirazlomnaya would affect more than 3,000 miles of Russia’s coastline

The Russian Federal Investigative Committee called the protest an “attack” and said it violated Russian sovereignty.

Russian authorities believe that protests like this one at the Prirazlomnaya platform, owned by state-controlled energy giant Gazprom, would soil efforts to draw foreign investment and tap rich Arctic resources.

President Putin further stated “Our law enforcement institutions, our border guards didn’t know who was trying to seize this platform under the guise of Greenpeace. It would have been better if representatives of this organization had sat in this room and voiced their attitude to the issues we are discussing.” Putin was coincidently attending the Arctic Forum in Salekhard in western Siberia, with the presidents of Finland and Iceland, as well as officials from other Arctic nations.

The Investigative Committee stated it had questioned three activists on Tuesday and planned on questioning more pending the arrival of translators and lawyers.

Greenpeace said the boarding of the oil rig by Russian authorities was illegal as they were conducting a peaceful protest, and denied the piracy allegations.

For more information, please see:

The Moscow Times – Putin Says Greenpeace Activists Aren’t Pirates But Broke The Law – 26 September 2013

BBC News – Greenpeace Activists Broke The Law, Says Putin – 25 September 2013

The Independent – President Putin: Greenpeace Activists Were ‘Obviously’ Not Pirates – 25 September 2013

The New York Times – Putin Defends Seizure of Activists’ Ship But Questions Piracy Charges – 25 September 2013

by Tony Iozzo
Impunity Watch Reporter, Europe

KHIRBET AL-MAKHUL, West Bank – Diplomats from various European countries, representing the United Nations, have spoken out to hold Israel accountable after soldiers from the Israeli Defense Forces prevented them from delivering aid and supplies to citizens in Khirbet al-Makhul in the West Bank.

The diplomats have reported that as they arrived to the village of Bedouin in Khirbet al-Makhul, they were ordered out of their trucks and instructed not to unload the contents.

Supplies and aid were being delivered by the European diplomats after many homes in the area were demolished pursuant to an order of a High Court. Last Monday, the homes of these villagers were destroyed as Israeli’s High Court ruled that they were built without permits in the first place. Many of the Bedouin villagers have refused to leave the land, however, as their ancestors have lived on the land and grazed sheep there for generations.

The European diplomats reported that a dozen Israeli army jeeps bombarded them when they arrived in the area. A French diplomat, Marion Fesneau-Castaing, said she was forced to the ground from her vehicle.

“They dragged me out of the truck and forced me to the ground with no regard for my diplomatic immunity. This is how international law is being respected here,” Fesneau-Castaing has stated.

A spokesman for the British Consulate General in Jerusalem stated it was “concerned at reports that the Israeli military authorities have prevented the affected community from receiving humanitarian assistance. We have repeatedly made clear to the Israeli authorities our concerns over such demolitions, which we view as causing unnecessary suffering to ordinary Palestinians; as harmful to the peace process; and as contrary to international humanitarian law. 

The Israeli Defense Forces have contended that the diplomats may have abused their privileges, and reported that that dozens of Palestinians, foreign activists and diplomats had tried to set up tents, which it called a “provocation.”

UN Humanitarian Coordinator James Rawley stated that the Israeli authorities should “live up to their obligations as occupying power to protect those communities under their responsibility.”

Last month, the first Israeli-Palestinian peace talks in three years were held in Jerusalem.

In 2010, the discussions disintegrated amid disagreement on the issue of Jewish settlements in the West Bank and East Jerusalem.

Israel has occupied the West Bank since the 1967 Middle East war, and the talks are aimed at reaching a permanent peace settlement with the Palestinians.

For more information, please see:

Russia Today – EU Calls for Explanations From Israel Over Diplomat Scuffle – 22 September 2013

Fars News Agency – Israeli Troops Attack EU Diplomats, Seize West Bank Aid – 21 September 2013

BBC News – Diplomats Protest Over West Bank Clash With Israeli Troops – 20 September 2013

Reuters Canada – Israeli Forces Manhandle EU Diplomats, Seize West Bank Aid – 20 September 2013

By Ben Kopp
Impunity Watch Reporter, Europe

KYIV, Ukraine – European leaders have conditioned a treaty between Ukraine and the European Union on the release of former Prime Minister Yulia Tymoshenko. The treaty is an important for both sovereign bodies.

In 2011, Yulia Tymoshenko was convicted of embezzlement and fraud while she was prime minister between 2007 and 2010. She had been current Ukrainian President Viktor Yanukovych’s strongest opponent in the 2010 election. Currently, she is serving a seven-year sentence. Since her conviction, European leaders have pressed Yanukovych to free her.

On 20 September 2013, Yanukovych said that he is inquiring how Tymoshenko, his political opponent could be released from prison. However, Yanukovych made clear “we have not said ‘yes’ or ‘no’” to an early release because the courts must decide the legal issues.

“Nobody has a bigger interest in solving this issue than I,” said Yanukovych. “But there are obstacles. An answer has to be given to … the courts. Only the court can give an answer or (there can be) a voluntary decision by Tymoshenko. The answer lies in finding a compromise with the participation of Tymoshenko.”

European Union leaders told Yanukovich that he may sink the opportunity for Ukraine and the 28-member bloc to enter an “Association Agreement” that would create extensive trade and commercial cooperation between them. While Ukraine’s 46 million population and strategic position next to Russia make the treaty a significant act of enlargement for the EU, for Ukraine, it would mark a major shift westwards away from the orbit of Russia.

Stefan Fule, EU commissioner for enlargement said, “I want to underline how important this is. Progress has been made and there are talks with the Ukrainian authorities on this issue of selective justice.”

At a Crimea gathering of European leaders and officials, Yanukovich declared his ex-Soviet republic’s dedication to signing key agreements at the EU’s November summit in Vilnius, Lithuania.

Lithuania holds the rotating EU presidency. Lithuanian President Dalia Grybauskaite said that before deals on association and free trade agreements would be signed, Ukraine must meet three criteria, including freeing Tymoshenko.

“The request from the European Union on Tymoshenko’s case is still on the table and, without a solution, I do not see a possibility for the signature,” she said.

Since 2012, Tymoshenko has been confined to bed in a hospital, under constant video surveillance. As a concession, she has been granted all-female medical staff on her corridor. From distrust of Ukrainian authorities, she refuses injections and all other invasive procedures.

Once free, Tymoshenko would be able to receive surgery in Germany for herniated discs.

Critics claim that Yanukovich is concerned that, if released, Tymoshenko challenge him in the 2015 election.

With two months until the EU summit in Lithuania, Yanukovich must decide whether leaving Tymoshenko without a pardon will be as damaging to his political career as allowing her to run against him in 2015.

For further information, please see:

RadioFreeEurope/RadioLiberty — Moscow Again Warns Kyiv Over EU Deals – September 22, 2013

Euronews – EU leader and Ukraine president clash over potential trade agreement – September 20, 2013

RadioFree Europe/RadioLiberty – Ukraine’s Yanukovych Says Searching for Way to Release Tymoshenko – September 20, 2013

Reuters — EU Presses Ukraine Leader over Tymoshenko, He Stalls – September 20, 2013

Reuters – Ukraine Leader Says on Course for EU Deals, Stalls on Tymoshenko – September 20, 2013

Telegraph — EU to Kiev: Free Yulia Tymoshenko, or No Pact – September 20, 2013