PRESS RELEASE

 

4 June 2013 – As the EU-Russia Summit gets under way in Yekaterinburg today, 48 members of the European Parliament said they will veto the agreement for the visa-free travel for Russian officials currently under negotiation between the EU and Russia unless the EU implements Magnitsky sanctions. European parliamentarians have stated their position in a written communication to the foreign affairs ministers of all 27 EU member states.The European Parliament’s consent is required for any such EU-Russia visa agreement to come into force.

“Under current circumstances we will be unable to support any visa facilitation agreements with Russia and will advocate the Parliament to refuse its consent, unless the Council adopts an EU ‘Magnitsky law’ as proposed in the Parliament’s recommendation of October 2012,” said European parliamentarians in their letter.

The letter (http://www.donskis.lt/p/en/1/1_/1495) was signed by a number of influential members of the European Parliament, including Elmar Brok MEP, Chairman of the Foreign Affairs Committee, Edward McMillan-Scott MEP, Member of the Bureau of the European Parliament, Guy Verhofstadt MEP, former Prime Minister of Belgium, Vytautas Landsbergis MEP, Former President of Lithuania, Kristiina Ojuland MEP, former Foreign Minister of Estonia, Mario David MEP, former Portuguese Secretary of State for European Affairs, and Barbara Lochbihler MEP, Chair of the European Parliament’s Human Rights Subcommittee, among others.

The letter comes amidst the lack of reaction from the EU Council to the European Parliament’s call for sanctions on Russian officials in the Magnitsky case and other human rights violations. In the resolution adopted last October 2012 (http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2012-0369&language=EN&ring=A7-2012-0285 ), the European Parliament recommended to the EU Council to impose visa bans and asset freezes on those Russian officials who were responsible for Sergei Magnitsky’s false arrest, torture and death, as well as other gross human rights abusers from Russia. In the eight months since that resolution was passed, the EU Council has taken no action.

In the meantime, the European Council has begun active negotiations with Russia to allow visa-free travel for Russian government officials within the EU under demands from Russia. Given that under this agreement, the same persons who were responsible for Sergei Magnitsky’s death, as well as other gross human rights abuses would be provided visa-free travel in the EU, the European parliamentarians felt compelled to use their veto power over the proposed EU-Russia agreement to prevent Russian human rights abusers from slipping into Europe through this visa waiver program.

This development follows reports last week from an EU source(http://euobserver.com/foreign/120333) indicating that the EU leadership will bow to Russian pressure and back down from calling for justice in the Magnitsky case. The EU source stated that the torture and killing of the young whistle-blowing Russian lawyer is a matter of Russia’s “internal legal system.”  The position espoused by an EU official comes in contradiction to the OSCE/Helsinki human rights protocols signed in the 1980s by both Russia and EU member states, which specifically assert that human rights is a matter for the legitimate international concern, and is not to be viewed as an internal matter of each state.

For further information, please see:

Law and Order in Russia

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The European Commission (“EC”) has alleged that, by applying a “right-to-reside” test in addition to European Union standards, Britain discriminates against EU nationals.

Meant to be applied in all EU countries, the EU standard ensures eligibility of welfare payments for EU nationals who migrate between EU nations. However, while British and Irish citizens always pass Britain’s “right-to-reside” test, other Union nationals who pass the EU test are denied under the British test.

Additionally, the British test denies EU migrants rights to child benefits, a child tax credit, income based jobseeker’s allowance, state pension credit and income based employment and support allowances.

In a separate statement, the EC claimed that “UK nationals have a right to reside in the UK solely on the basis of their UK citizenship, whereas other EU nationals have to meet additional conditions in order to pass this right to reside test. This means that the UK discriminates unfairly against nationals from other member states. This contravenes EU rules on the coordination of social security systems which outlaw direct and indirect discrimination in the field of access to social security benefits.”

Jonathan Portes of the National Institute of Economic and Social Research stated that while EU migrants pay thirty percent (30%) more in taxes than take out in benefits, the migrants are also “significantly less likely” to claim benefits than British nationals. Additionally, government statistics in the UK reveal that migrants contribute ten percent (10%) of the Gross Domestic Product (GDP), and are only eight percent (8%) of the total population.

Nevertheless, on May 30, Britain declared that it would fight the EC’s legal action “every step of the way.” Work and Pensions Secretary, Iain Duncan Smith vowed, “I will not cave in and I will continue to work on strengthening our benefit system in the meantime to ensure it is not open to abuse by anyone.” That statement comes amidst fears from the UK Independence Party that Romanian and Bulgarian immigrants will create a surge of benefit claims when EU-imposed restrictions are lifted next year.

Duncan Smith added, “If we do away with our right-to-reside test, what will happen almost immediately is that people from day one will be eligible to income-related benefits.”

British Prime Minister David Cameron has permitted his Conservative Party to draft a bill and commit Britain to an in-out vote on EU membership. However, Cameron claims that he prefers for Britain to remain in a reformed EU. The United States, Britain’s closest ally has expressed a preference for Britain to retain membership.

On May 31, UK Foreign Minister William Hague said, “Too often, the British people feel that Europe is something that happens to them, not something they have enough of a say over.”

Despite economic fears with reform, a reasonable standard exists. After all, thirteen British colonies found a solution to the Articles of Confederation roughly 225 years ago.

For further information, please see:

BBC – UK’s Hague Wants ‘Red Card’ to Challenge EU Laws – 31 May 2013

Reuters – Britain Asks Germany to Help Lead Reform of EU, Explains How – 31 May 2013

BBC – UK Faces European Court over Benefits for EU Nationals – 30 May 2013

The Guardian – Iaian Duncan Smith Accuses European Commission of Benefits ‘Land Grab’ – 30 May 2013

The Guardian – UK Faces Court Action over EU Migrant Benefits – 30 May 2013

The Independent – ‘I’ll see you in court’: Works and Pensions Secretary Iain Duncan Smith vows Britain Will Fight Europe over Welfare Benefits for Immigrants – 30 May 2013

International Business Times – UK Taken to European Court over Migrant Benefits: Britain Pledges Legal Fight with EU over Discrimination against EU Nationals Claiming Social Security in UK – 30 May 2013

The Telegraph – Brussels Takes Britain to EU Court over Immigration Benefits – 30 May 2013

The Wall Street Journal – U.K. Plans to Fight EU over Access to Benefits – 30 May 2013

by Tony Iozzo
Impunity Watch Reporter, Europe

PARIS, France – A French soldier was stabbed while on patrol in La Defense, a business district west of Paris, on Saturday. Private First Class Cedric Cordier, 23, was approached from behind and stabbed in the neck with a small-bladed knife.

The suspect, described as being a bearded, athletically-built man of North African origin, was captured on security cameras before fleeing into a crowded shopping area and evading detention by police and the other patrolling-soldier.

Reports indicate that the suspect was seen “praying” before the knife attack, increasing fears that the attack was an act of terrorism.

French Interior Minister Manuel Valls told reporters, “…there are components which could lead you to think we’re dealing with an act of terrorism.”

Last Wednesday, a British soldier was killed on a London street by two men allegedly acting out of revenge for violence against Muslims.

Valls told reporters that, “there are elements- the sudden violence of the attack- that could lead one to believe there might be a comparison with what happened in London…But at this point, honestly, let us be prudent.”

Similarly, French President Francois Hollande said there was no sign of a direct link with the London killing, but that authorities are “exploring all options.”

France is on high alert for attacks by Islamic militants following its military intervention in Mali in January, which prompted threats by the North African wing of al Qaeda. Jihadist rebels threatened to “strike the heart of France.” France’s Vigipirate anti-terrorist alert system was raised to “reinforced red” as a result.

The higher state of alert is one of the reasons why some 450 soldiers are on patrol at metro and train stations and other vulnerable locations in Paris. The Vigipirate scheme sees troops deployed at high-profile tourist, business and transport sites.

Cordier, who was in uniform patrolling the underground corridors where shops and crowded public transport lines converge under the Arch of La Defense, was released from a military hospital on Monday morning. The stab wound was reportedly just two centimetres away from his carotid artery. The 23-year-old soldier had lost a considerable amount of blood, but remained stable.

French Defence Minister Jean-Yves Le Drian vowed to continue France’s “implacable” fight against terrorism. Anti-terrorism investigators are handling the case.

Currently, a police hunt is under way for the suspect. He is described as being 1.90 metres tall, and though initially thought to be wearing a djellaba (a traditional North African robe), later reports indicated he was wearing a black pullover.

For more information, please see: 

The Local – Suspect ‘prayed’ before knifing French soldier – 27 May 2013

Al Jazeera – French anti-terrorism police probe stabbing – 26 May 2013

BBC News – Knife attack on soldier in Paris treated as terrorism – 26 May 2013

France 24 – French soldier stabbed on patrol outside Paris – 25 May 2013

By Ali Al-Bassam
Impunity Watch Managing Editor, News

THE HAGUE, Netherlands — Members of the UN Security Council marked last Saturday as the twentieth anniversary of the establishment of the UN’s International Criminal Tribunal for the former Yugoslavia (ICTY), created  to prosecute war crimes committed during the Balkan conflict of the 1990’s.

Twenty years ago, The ICTY was unanimously established on May 27, 1993 under the UN Security Council’s Resolution 827.  Since then, the international community has provided more than two billion dollars for the tribunal’s continued performance.  The ICTY has indicted 161 persons for serious violations of human rights committed between 1991 and 2001.  Proceedings against 131 people were completed, while 25 others still currently await their sentence.  The tribunal will adjourn for the final time in 2016.

The ICTY sentenced some of the most notorious human rights offenders who were active during the Balkan War, including then-Serbian President Slobodan Milosevic, who died in the ICTY detention center during the trial for his crimes committed in Bosnia – Herzegovina, Croatia, and in Kosovo.

The Security Council recalled the resolution in a statement made to the press last Saturday.  In the statement, the Security Council stated the necessity of passing the resolution, and also recognized “the contribution of the ICTY in the fight against impunity for “the most serious crimes of concern to the international community.”

ICTY Chief Prosecutor Serge Brammertz also hailed the achievements of the ICTY.  “One of the achievements is for sure that there are no fugitives at large any more,” said Brammertz.  The court’s president, Judge Theodore Meron, said that the biggest achievement for the ICTY was being able to show that “an international court could deliver justice impartially.”

Meron also shared his criticism of the court when he commented on the efficiency of the court due to the complexity of the crimes.  Referring to the inability to hand a final sentence to Milosevic, who died before the end of his four-year trial, Meron said “I wish we could have gone faster, but I do believe that we have such special problems that if you focus on our cases you see that our progress has been quite reasonable.”  Bosnian war crimes investigator Mirsad Tokaca commenting on the length of trials, said “[i]t is impermissible that the trials should last so long, absolutely impermissible.”

Many Serbs also criticized the court, saying that they were unfairly targeted and form the majority of the suspects.  Yet some Serbs, like former Kosovo Prime Minister Ramush Haradinaj, who was initially convicted by the court of war crimes and later acquitted after a retrial, praised it. “This is the only institution or arbiter that went (through) with it, so if the question is, is it worth that we have it or it would have been better not to have something like that?  I must say it was worthy to have it,” said Haradinaj.

For further information, please see:

CP24 — Mixed Reviews for UN Yugoslav War Crimes Court — 27 May 2013

Euronews — Ex-Yugoslavia War Crimes Tribunal Marks 20 Years of Business — 25 May 2013

UN News Centre — Security Council Recognizes Contribution of UN Yugoslav Tribunal – 25 May 2013

Dalje — ICTY Marks 20th Anniversary Amid Divided Assessments of its Work — 24 May 2013

By Ben Kopp
Impunity Watch Reporter, Europe

KYIV, Ukraine — Despite a ban issued by the city and upheld in court, LGBTI (Lesbian, Gay, Bi-sexual, Transgender, and Intersex) activists held Ukraine’s first gay rights march for forty minutes during the Kyiv Pride 2013 forum. And it appears that the police granted the activists protection.

One organizer of the march, Stas Misthenko stated that the 2013 event was important to demonstrate possible change “[n]ot just in Ukraine, but for Russia, for Belarus, for Moldova.” Last year, organizers canceled their demonstration following both a statement that police could not guarantee protection for participants and the beating of an activist in broad daylight. Since then, one non-governmental organization (NGO) in Kyiv has received reports of twenty-nine violent attacks and thirty-six threats against LGBTI persons.

Recently, however, Ukraine has been under pressure to improve its human rights. For instance, the European Council established deadlines for Ukraine to demonstrate such progress by making judicial and electoral reforms, as well as releasing political prisoners. Also, the CEO of Amnesty International Ukraine, Tetiana Mazur declared, “The Ukrainian legislation doesn’t provide an adequate protection and sometimes violates the rights of [LGBT] people. Ukraine is unable to guarantee the protection of their principal freedoms. The right for freedom from the discrimination, the right to security of person, integrity and the right to freedom of assembly.”

Mazur also called for Ukraine to oppose legislation that would criminalize the “propaganda of homosexuality”, and instead promote legislation addressing LGBTI discrimination. According to Misthenko, the vast majority of LGBTI people hide their sexual identities for fear of being beaten in the streets or fired from their jobs.

Several right-wing and religious groups in Ukraine threatened that, if held, this year’s march would result in violence. Archpriest Greorgy Kovalenko of the Ukrainian Orthodox Church explained that rather than a chance to defend rights, the Equality March “was propaganda for sin and sodomy.”

On May 21, 2013, Kyiv officials sought to bar events from the city center on May 25 not linked to the Kyiv City Day celebration, including the Equality March. The Kyiv city administration stated that in light of several applications for rallies supporting opposing views, the government was “obliged to take the necessary measures to ensure public order and protect people’s lives and safety.”

To prevent violence, a court in Ukraine upheld the ban on March 23.

Nevertheless, on March 25, 2013, the Equality March took place amidst strong police presence. Reports indicate that over one hundred pro-LGBTI activists were present. While demonstrators marched on Victory Avenue, Orthodox Christians denounced them by shouting slogans. One slogan included: “Ukraine is not America. Kyiv is not Sodom.”

After police detained thirteen persons protesting against gay rights, improvement appears very likely for Ukraine’s human rights.

For further information, please see:

Kyiv Post: Police Detain about ten Opponents of Equality March in Kyiv — 25 May 2013

Radio Free Europe / Radio Liberty — Gay Pride Activists Briefly March in Kyiv — 25 May 2013

Reuters — Ukraine’s First Gay March Held under Police Protection — 25 May 2013

EuroNews — Kiev Court Cites Security Reasons for Banning Gay Pride Rally — 24 May 2013

Interfax Ukraine — Organizers Try to Hold Gay Pride Parade in Kyiv on May 25 Despite Court Ban — 24 May 2013

Amnesty International — Ukraine: Kyiv Authorities in Shameful About-Face on Pride March — 23 May 2013

Human Rights Watch — Ukraine: Allow Equality March, Protect Participants — 23 May 2013

National Radio Company of Ukraine — Court Bans LGBT Equality March in Kyiv on May 25 — 23 May 2013

Reuters — Ukranian Court Bars Gay Pride Event, Citing Security Concerns — 23 May 2013

Guardian — Ukraine Gay Pride Marchers Ready to Defy Violence — 18 May 2013

Kyiv Post — Amnesty International Urging Ukraine to Adopt Laws to Combat Discrimination against LGBT People — 17 May 2013