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

Press Release

24 May 2013 – Interpol has rejected Russia’s attempt to misuse Interpol systems against William Browder, the leader of the worldwide campaign for justice for Sergei Magnitsky, by deleting its request from the Interpol’s channels.

“The decision by Interpol to delete the Russian “all points bulletin” for William Browder from the Interpol system is a clear sign that a deeply corrupt regime will not be allowed to freely persecute whistle-blowers who have exposed it. We hope that one day those responsible for Sergei Magnisky’s torture and murder will be brought to justice, with help from Interpol,” said a Hermitage Capital representative.

Interpol’s General Secretariat has now deleted the request from the Russian authorities seeking to “locate” Mr Browder in order to detain him on a Russian arrest warrant.

In its decision, Interpol’s General Secretariat has followed the recommendation from Interpol’s Commission for the Control of Files, who has found the Russian request to have a “predominant political character.” Interpol’s Commission for the Control of Files is responsible for the observance by Interpol and its entities of Interpol’s Constitution and data processing rules. Under Article 3 of the Interpol’s Constitution, any improper use of Interpol systems for political purposes is strictly prohibited.

The decision by the Interpol’s Commission for the Control of Files was issued during its 86^th session held in Lyon on 23-24 May 2013.

On Monday, 27 May 2013, Mr Browder will continue his campaign for Magnitsky sanctions in Europe at the ‘Time for European Magnitsky Law’ event organised in Berlin within framework of the Symposium on Cultural Diplomacy & Human Rights 2013 (www.bhrc.de), on the invitation of the Institute for Cultural Diplomacy and member of the European Parliament, Kristiina Ojuland. The Magnitsky campaign calls for visa sanctions and asset freezes on Russian officials involved in the false arrest, torture and killing of Sergei Magnitsky, and the $230 million corruption he had exposed. The law imposing such sanctions has already been adopted in the United States, and 16 Russian officials have been sanctioned by the U.S. Government.

For further information, please see:

Law and Order in Russia

By Madeline Schiesser
Impunity Watch Reporter, Europe

STOCKHOLM, Sweden – Stockholm is burning, sparked by an incident of alleged police brutality twelve days ago.  According to the brother-in-law of the deceased 69 year-old male victim, the man returned home when he was accosted by a gang of youths, who he threatened with knife.  Later when police knocked on his apartment door, he mistook them for the gang and did not answer, prompting the police to break down the door.  The police in turn thought the woman inside the apartment, the man’s wife, was in danger, and shot the man.  Other reports indicate the man was still wielding the knife, and the police acted in self-defense.  The man, a resident of the primarily immigrant-dominated Husby neighborhood, had emigrated to Sweden from Portugal 30 years ago and married his Finnish wife.

Since then, beginning Sunday evening five days ago, with the cry of “police brutality” the worst civil unrest in Sweden in modern times has erupted throughout the suburbs of Stockholm.  Rioters have particularly taken to burning cars as a sign of their contempt for the police, and more than 300 cars have met a toasty end.  A police station at one point was even set on fire, but the flames were quickly contained.  On one night, more than 200 people threw rocks at police.  On another night, firemen were called in to put out over 90 different blazes throughout the city.  Furthermore, shop windows have been smashed, and several police officers have been injured.

Local media also reported, however, that police officers used racist slurs, like “monkey” and “pig” while controlling the unrest.  Authorities say the claim is under investigation, although no formal reports of such an allegation have been filed.

Reza Al Bazi, 14, and his friend Sebastian Horniak, 15, said they witnessed the violence; Horniak said he saw police firing warning shots in the air and calling a woman a “monkey.”  “I got upset yesterday because I saw police attack innocent people, they beat a woman with a baton,” he said.

A small number of arrests were made each night, although generally those arrested were not from the area in which the arrests took place, leading to an increased belief that the rioters are in fact a smaller group that travel about to cause trouble.

Husby resident Marianne Farede, 26, spoke out angrily against the rioters: “It’s idiotic. They’re ruining things for the people that live here. We’re the ones that suffer. It’s our cars that are getting burned, it’s our money.  They’re just waiting for the smallest reason to take their frustration out on the police. I don’t know why they think police are their enemies? They aren’t their enemies. They’re doing their best to protect us.”

Although the death of the unnamed resident of Husby has been cited as the igniting force behind the riots, they represent a greater social tension.  Over the last century, Sweden has seen a swell in immigration, especially since WWII, and although its economy has done relatively well in light of the global financial crisis, Sweden has also seen the fastest growing rate of inequality of any Organisation for Economic Co-operation and Development (OECD) country over the past 25 years.

Although many immigrants (15% Swedish population) come to Sweden due to its generous refugee policy, they struggle to learn the language and find employment despite numerous government programs.  For example, in Husby, where 80% of the 12,000 residents are immigrants, the overall unemployment rate was 8.8% in 2012, as compared to 3.3% in Stockholm as a whole.  Furthermore, a total of 12% in Husby received social benefits last year, compared to only 3.6% on average in Stockholm.

Integration Minister Erik Ullenhag emphasized that the actions of the rioters are not representative of the majority of immigrant youth.  “I’ve seen in the international media that this is a riot between young people in some parts of Stockholm and the society, but this is not true. It’s a small proportion. The majority of young people in Tensta, Husby, Rinkeby, they go to schools and they want to have opportunities in Sweden, and it’s important to tell that story,” he said.

Prime Minister Fredrik Reinfeldt further stressed the need to end the violence and return control of the besieged neighborhoods to their residents.  “This is not OK. We will not give in to violence.  We must all help out to regain calm. The residents of Husby need to get their neighborhood back,” he said.

For further information, please see:

Al Jazeera – Rioters Continue to Battle Police in Sweden – 24 May 2013

Independent – Stockholm Burning: Riots Grip Surburbs as Violent Trouble Spreads – 23 May 2013

The Local – Minister: Stockholm Riots ‘Not Youth Versus Society’ – 23 May 2013

The Local – Stockholm Riots Spread South on Fourth Night – 23 May 2013

Al Jazeera – Sweden Riots Continue after Police Shooting – 22 May 2013

The Local – Stockholm Riots: a View from the Street in Husby – 22 May 2013

Press Release

23 May 2013 – Norwegian Foreign Affairs Minister Espen Barth Eide has recommended bringing the issue of Magnitsky sanctions to the UN Security Council. Responding to a group of Norwegian parliamentarians, Minister Eide pointed out that the decisions of the UN Council are binding on all UN member states and would be a proper forum to consider the issue of sanctions and asset freezes in relation to Russian officials in the Magnitsky case, as opposed to an individual action by Norway.

In his letter to a group of Norwegian lawmakers (available at:http://nhc.no/filestore/Dokumenter/Land/Russland/2013/ResponsefromNorwayFM8May2013.pdf), Foreign Affairs Minister Eide said that Magnitsky case has now become symbolic of the negative trend in human rights in Russia, and “raises the question of the Russian legal system independence.”

“I also agree that Magnitsky case has become of symbolic significance as an expression of the negative trend we are now seeing of an increased pressure on human rights, civil society and political opposition in Russia,” said Norwegian Foreign Affairs Minister.

Minister Eide shared the concern expressed by Norwegian members of parliament over the posthumous trial of Sergei Magnitsky carried out by Russian authorities in spite of it being three years after his death in police custody.

“I share their [Norwegian members of parliament] concern about how Russian authorities have handled the supervision of Sergei Magnitsky death in custody. The posthumous trial of Magnitsky is just as disturbing,” said Minister Eide.

Responding to the matter of introducing visa sanctions and asset freezes on Russian officials in the Magnitsky case in Norway, Minister Eide suggested that the best forum to consider it would be the UN Security Council, rather than a unilateral action by Norway, who is not an EU member.

“When it comes to the issue of sanctions and the freezing of funds, I underline that the basis for the Norwegian sanctions policy is that sanctions should be based on binding decisions of the UN Security Council, such decisions are also legally binding for all UN member states. Norway has no tradition of unilateral action against individual countries or persons, and in our opinion it is not necessarily legitimate and have the legal effect to be effective,” said Minister Eide.

Minister Eide stressed that Norway will continue to use its membership in international organizations, such as the OSCE and the Council of Europe, to individually and jointly with other like-minded people raise the human rights agenda in Russia, including through the strengthening of the monitoring mechanism at the Council of Europe, of which Russia is a member.

For further information, please see:

Law and Order in Russia