PRESS RELEASE
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30 September 2013 – Briefings in the Swedish Parliament on the Magnitsky
justice campaign have been cancelled as a result of the Swedish
Government’s refusal to provide a safe passage guarantee to William
Browder, the leader of the campaign.

The briefings were scheduled to take place in Stockholm last week.

Mr Browder’s campaign seeks to impose visa and financial sanctions in
Sweden and across the EU on Russian officials responsible for the
Magnitsky’s false arrest, torture and killing in Russian police custody.
Such sanctions have been already imposed by the United States Government
under the Sergei Magnitsky Rule of Law Accountability Act of 2012 passed by
the US Congress. Sergei Magnitsky was arrested after he blew the whistle on
the $230 million theft with the involvement of Russian officials. Some of
the same officials Sergei Magnitsky had implicated in his testimony, were
involved in his arrest.

The Russian authorities have responded angrily to Bill Browder’s campaign
for Magnitsky sanctions by convicting him in absentia along with late
Sergei Magnitsky himself in the first-ever posthumous trial in Russian
history. The Russian authorities have also opened a spurious criminal case
against Mr Browder alleging that he “stole” Gazprom shares and harmed
Russian economic security, justifying the case by a regulation that never
stipulated criminal liability and was repealed eight years ago.

Given the sentencing in absentia of Mr Browder to 9 years in prison by the
Russian authorities alongside with the posthumous prosecution of Sergei
Magnitsky, in advance of his visit to Sweden Mr Browder sought a formal
assurance that the Swedish government will not cooperate with Russian
requests to extradite Mr Browder on a Russian warrant and will not assist
with any other Russian requests.

In a surprising development, the Swedish Justice Ministry rejected Mr
Browder’s request and stated that “The Government or the Minister may not
intervene or give instructions in these cases.”

The Swedish refusal is in contrast to safe passage letters being issued by
the German government and the Dutch government earlier this year. It also
is contrary to the INTERPOL’s refusal to post worldwide search warrant
issued by the Russian Federation on 24 May 2013 for Mr Browder when
Interpol’s independent Commission for the Control of Files determined that
the Russian warrant should be refused because the case against Mr Browder
was of a “predominantly political nature”. Interpol’s General Secretariat
made a further announcement in July 2013 that Interpol cannot be used to
arrest Mr Browder.

Mr Browder was invited to come to Sweden by Swedish MP Mats Johansson. Mr
Johansson was also the author of a petition sent to the Swedish Prime
Minister on the Magnitsky Case in 2012
(http://russian-untouchables.com/rus/docs/D398.pdf) calling for sanctions
against the Russian officials responsible for Sergei Magnitsky’s death. The
petition was co-signed by Olle Thorell, a foreign affairs spokesperson from
Social Democrats party, and Kerstin Lundgren, from the Centre Party. The
petition was supported by 59 Swedish MPs from 7 parties. The Swedish
Government has so far ignored this parliamentary call for Magnitsky
sanctions.

“The Swedish government has refused to sanction to people who killed Sergei
Magnitsky, but are effectively sanctioning me in my fight to get justice.
The perception that Sweden is a country that fights for human rights is
profoundly challenged in the way the Swedish government is dealing with the
Magnitsky case,” said William Browder.

“Sweden should be supporting human rights activists with a just cause, not
hindering them. We should not be giving in to Russian pressure when
fundamental human rights issues are at stake,” said Mats Johansson, MP.

Mr Johansson was also one of the initiators of the Magnitsky Declaration at
the Parliamentary Assembly of the Council of Europe two years ago, which
was supported by 53 deputies from 29 countries (
http://assembly.coe.int/Mainf.asp?link=/Documents/WorkingDocs/Doc11/EDOC12744.htm
), calling upon the Russian government to cease the posthumous prosecution
of Mr Magnitsky and the intimidation of his family and to allow the family
access to his medical archive for an independent evaluation. Since then,
the Russian authorities prosecuted Mr Magnitsky posthumously, pressured his
relatives with summonses and questioning, and refused them access to his
medical archive.

For further information, please see:

Law and Order in Russia

by Tony Iozzo
Impunity Watch Reporter, Europe

PARIS, France – Interpol has issued an arrest warrant for Samantha Lewthwaite, for her possible connection to a terrorist attack on a Kenyan mall last week that resulted in 72 deaths.

Lewthwaite, a British citizen dubbed the “White Widow,” was already wanted for charges of explosion possession and conspiracy to commit a felony as a result of an incident in Kenya in 2011.

Kenyan authorities believe that Lewthwaite was connected to an additional plot to attack places of public accommodation- restaurants and hotels. They believe the “White Widow” rented several houses in Mombasa to use to assemble the explosives.

Kenya’s foreign minister has stated that Lewthwaite took part in last week’s mall siege with the Qaeda-linked terrorist group, al-Shabab. A British security source, however, has stated that “it is a possibility” that Lewthwaite was involved.

Lewthwaite was originally married to one of the suicide bombers involved in the attack on the London subway system in 2005, which left 52 people dead. Lewthwaite stated in September 2005 that her husband had fallen under the control of radical mosques. “How these people could have turned him and poisoned his mind is dreadful. He was an innocent, naive and simple man. I suppose he must have been an ideal candidate.”

Lewthwaite is believed to have been using the alias ‘Natalie Faye Webb’ for several years while living in South Africa. Kenyan police suspected Lewthwaite was working with Musa Hussein Abdi, killed with an Al Qaeda boss in Somalia in June 2011, in the alleged 2011 Kenya attack plot.

In December 2011, authorities tracked down a woman they thought to be Lewthwaite in Abdi’s house but let her go after she showed them a South African passport. Police later realized the passport was fake, and returned to the house, but she had left.

Lewthwaite, 29, converted to Islam in her teens and went on to study religion and politics at the School Of Oriental and African Studies in London. Local city councilor Raj Khan, who knew Lewthwaite’s relatives in Aylesbury, recalled her as “an average, British, young, ordinary girl.”

For more information, please see:

Al Jazeera – Interpol Issues Warrant for UK Woman – 27 September 2013

Fox News – Interpol Issues Arrest Warrant for “White Widow” Eyed In Kenya Terrorist Attack – 26 September 2013

The Guardian – “White Widow”: Interpol Arrest Warrant Issued for Samantha Lewthwaite – 26 September 2013

Mirror News – White Widow Samantha Lewthwaite Becomes World’s Most Wanted Woman After Interpol Issues Arrest Warrant for British Terror Suspect – 26 September 2013

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