By Alexandra Sandacz
Impunity Watch Reporter, Europe

PARIS, France – Last week, the National Assembly of France approved the same-sex marriage bill by a vote of 331-225. This bill, which also allows couples adoption rights, made France the 14th nation in the world and ninth in Europe to pass such a law.

The French Parliament passed the “Marriage for All” bill, which affords homosexual couples identical rights to marriage and adoption that were previously limited to heterosexual unions.

Christiane Taubira, Socialist Justice Minister and author of the bill, stated, “It’s a generous law, and a law of equality. We believe the first weddings will be beautiful and that they’ll bring a breeze of joy, and that those who are opposed to them today will surely be confounded when they are overcome with the happiness of the newlyweds and the families.”

However, opponents to same-sex marriage blamed the legislation for distorting “time-honored definitions of marriage and endangering children by permitting gay and lesbian couples to adopt”.

Many high-profile groups promised to continue legal challenges to block the law’s application.

Frigide Barjot, a comedian who uses her stage name, told her supporters, “We are going to show them that this is not over. I solemnly ask the president to hold a referendum on the subject.”

Claire Baron, a mother of two, stated she “will oppose the bill until the end.” She continued, “I’ll keep going to the protests, I don’t give in. The bill is not effective yet, the president of the Republic must listen to our voices. We are here to defend family values. Children need a mom and a dad.”

Just hours before votes were casted, thousands of police gathered outside the National Assembly building to prepare for the protestors on the streets who started forming days leading up to the vote. In addition, thousands of police who were armed with water cannon were organized near parliament to deal with any repeat of the violence seen in previous demonstrations.

Inside the National Assembly chamber, two opponents tried to hold up a protesting banner, however, they were shortly ejected.

Socialist President, Francois Hollande, made this same-sex bill his top social reform goal. He is expected to sign the bill once it clears constitutional challenges. Although opponents of the measure will try to argue that marriage is a constitutional matter, the council is unlikely to block the new law.

For further information, please see:

BBC News – Same-Sex Marriage: French Parliament Approves New Law – 23 April 2013

The Huffington Post – France Legalizes Gay Marriage After Harsh Debate, Violent Protests – 23 April 2013

International Business Times – France Legalizes Gay Marriage, Becomes 14^th Nation to Do So – 23 April 2013

Time World – France Legalizes Gay Marriage Despite Vocal and Angry Opposition – 23 April 2013

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – An election watchdog has been fined under a new Russian law that requires Non-Governmental Organizations (NGOs) to register as “foreign agents.”

Golos (Voice) is the first NGO to be fined under the law that went into effect last November.  A Moscow court ruled that the Watchdog had filed to register as a “foreign agent” after receiving funds from abroad in December, and therefore fined Golos 300,000 roubles (£6,200; $9,500; €6,300). Additionally, its director, Lilia Shibanova, was fined 100,000 rubles (£2,100; $3,200; £2,100).

Under the law, NGOs which receive foreign funding and supposedly engage in “political activities” must register as “foreign agents,” a term which has its roots in the Stalin Era, when it was used to discredit enemies of the state.

Golos defended itself explaining that the finds in question were a sum of €7,728.4 ($10,000) awarded by the Norwegian Helsinki Committee as part of its Andrei Sakharov Freedom prize.  The funds were transferred into Golos’ account in December before Golos was able to immediately return the prize money unused.

Although Golos received funding in the past from USAID, Golos asserts that since November, “The Golos association receives no foreign funding and is funded solely by Russian resources.”  Furthermore, Golos insists that the law should not even be applied to the organization as Golas is not involved in “political activity.” It says it will appeal against the verdict.

The 13-year-old Watchdog group played a key role in exposing fraud during the 2011 parliamentary election, charting abuses across Russia, most notably with an online “map of violations.”  It also reported on widespread violations during the 2012 presidential vote, which resulted in Vladimir Putin’s third presidential term.  Its exposure of violations and falsifications during these elections helped spark mass protests against Putin’s rule, which is why Golos believes it is now being targeted by authorities.

Golos is also mindful of the precedent its fate will set for other NGOs.  “We are convinced of our innocence,” Golos said before the verdict. “This is the first court hearing bringing to responsibility an organi[z]ation that is purportedly a foreign agent. The fate of many other NGOs will depend on the decision.”

While the fining of Golos is the first enforcement of the foreign agents law, more than 200 NGOs in 50 regions of Russia have been raided by inspectors in the past months.  Tax auditors have poured over the financials of many NGOs, while health & safety and fire inspectors have arrived unannounced at NGO offices to scrutinize code compliance.  The continuing raids on Russian NGOs have sparked international outrage, and the U.S. State Department has called them “a witch hunt.”

“The government claims the inspections are routine, but they clearly are not,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch.  “The campaign is unprecedented in its scope and scale, and seems clearly aimed at intimidating and marginalizing civil society groups. This inspection campaign can potentially be used to force some groups to end advocacy work, or to close them down.”

Earlier this month, Russian President Vladimir Putin accused NGOs in Russia of receiving $1 billion in foreign funding since the beginning of the year.  In response, 56 organizations signed an open letter demanding an explanation for what they describe as a grossly inflated figure.  Many NGOs have also said they will not comply with registering as “foreign agents.”

The goal of the raids and foreign agents law appears to be to intimidate NGOs, including advocacy groups whose criticism has long bothered the Kremlin, to close their doors, a move which would cripple civil society in Russia.  The organizations searched include not only those critical of the government, but also NGOS concerned with medical assistance, battling pollution, distributing clothes and food to the needy, and, generally, improving the quality of life for ordinary Russians.  Their closure would affect thousands of families who rely on NGOs for the services that the Russians authorities have been unable, or unwilling, to provide.

According to veteran human rights activist Lyudmila Alekseyeva, the Kremlin’s strategy is to bring even civil society under its domain.  “After bringing the business world, the judicial and the legislative power under its control, after mastering the technologies to arrange election results, the authorities are determined to tackle Russia’s last bastion of independence — civil society,” she said. “Civil society is increasingly active, and this frightens them.”

For further information, please see:

Moscow Times – U.S. Voices Concern Over Fine of Golos – 26 April 2013

BBC News – Russia NGO Law: Election Watchdog Golos Fined – 25 April 2013

RFE/RL – Golos Election Monitoring NGO Fined Under New Law – 25 April 2013

HRW – Russia: Worst Human Rights Climate in Post-Soviet Era – 24 April 2013

RFE/RL – Raids On NGOs Could Threaten Ordinary Russians – 21 April 2013

By Madeline Schiesser
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – After lengthy negotiations and the apparent breakdown of talks, Serbia and Kosovo approved a normalization agreement earlier this week, which many hope will help ease tensions along their shared boarder.

Last Friday, April 19, Serbia and Kosovo signed the European Union- brokered, 15 point First Agreement of Principles Governing the Normalization of Relations, under which ethnic Serbs in the northern region of Kosovo will elect a regional police commander and ensure that a majority of court judges are Serbs, but, the police and courts will be integrated into the Kosovo police and justice system.  In exchange for managerial control of the Northern region of Kosovo, the ethnic Serbs living there will recognize the authority of the Kosovo government.  The agreement also prevents both Serbia and Kosovo from obstructing one another as they seek eventual membership in the E.U.

Kosovo’s parliament, in Pristina, approved the tentative deal with Serbia in a vote on Sunday.  Serbia followed with a unanimous decision from its parliament, in Belgrade, also approving the deal on Monday, along with orders for Serbian ministries to begin implementation.

Although almost 100 countries, including the United States and 22 of the 27 members of the E.U., have recognized Kosovo, Serbia has not.  Kosovo, whose citizens are primarily ethnically Albanian, unilaterally declared independence from Serbia in February 2008, following nine years of U.N. administration backed by a NATO-led peacekeeping force, after Serbian forces withdrew from Kosovo in June 1999.  However, sporadic violence persisted in Kosovo, particularly in regions of high ethnic tensions.  Serbia has vowed never to recognize Kosovo, and insists the E.U.-brokered deal approved this week is not a formal recognition of Kosovar statehood.

Following Serbia’s parliament’s approval of the agreement, protests against the deal erupted in Belgrade.  Several thousand flag-waving Serbs, chanting “Treason, Treason”, gathered in Belgrade shortly after the approval.  As many as ten-thousand more pro-Serbia protesters appeared on the streets of Mitrovica in northern Kosovo, unsatisfied with the deal.

Coming to terms with Kosovo (12% of Serbia’s former size) as a separate entity from Serbia is culturally difficult for many Serbians.  The province Kosovo, in the middle ages, was the center of the former Serbian Empire, and many Serbs consider it the birthplace of their nation.

However, normalization with Kosovo, in addition to easing tensions in the region, will have an additional benefit for Serbia with respect to its relationship with the E.U.  Serbian Prime Minister Ivica Dacic earlier said that “if the government accepts the agreement, I expect Serbia to get a date to start membership talks with the European Union”.

Before the deal was even been finalized, the E.U. began recommending opening membership talks with Serbia  Furthermore, the E.U. also signaled the go-ahead for Kosovo to begin association agreement talks.

Of Serbia, a European Commission report [pdf] stated that Belgrade “has taken very significant steps and [made a] sustainable improvement in relations with Kosovo.”  Therefore, the Commission “recommends that negotiations for accession to the European Union should be opened with Serbia.”

Of Kosovo, the Commission also stated in a separate report [pdf] that Pristina had met all its “short-term priorities,” and recommended member states authorize “the open[ing] of negotiations on a stabilization and association agreement” with the E.U. The Commission also proposed allowing Kosovo to participate in 22 EU programs.

E.U. Enlargement Commissioner Stefan Fuele described the agreement and move towards E.U. membership as a significant shift for the entire region. “[It is] a historic day,” he told reporters. “It is also a game changer, it is a game changer for Serbia and Kosovo. It is a game changer for the whole region of the Western Balkans.”

The E.U.’s foreign policy chief Baroness Catherine Ashton, who mediated the talks, described her hoped for full implementation.  “I am very hopeful that with the determination we have seen, they will move to implement all of the elements of this agreement. I will support them in any way that I can and I have already offered to help and to participate in not only implementation, but if they continue their dialogue I am at their disposal. It has been a real privilege to help them.”

In an attempt to extend another olive branch, Serbia president Tomislav Nikolic also formally apologized earlier today, April 25, for the 1995 Srebrenica massacre of 8,000 Muslim men and boys.  However, he stopped short of recognizing the massacre as genocide, as it has been declared by two international courts.  “I kneel and ask for forgiveness for Serbia for the crime committed in Srebrenica,” Nikolic declared during an interview to be aired on Bosnian national television.  “I apologi[z]e for the crimes committed by any individual in the name of our state and our people.”

Normalization between Serbia and Kosovo represent a huge step in healing the wounds left by the conflicts in the 1990s, however both countries will have to make a continuing effort to advance human rights.  “The normalization agreement between Belgrade and Pristina is a positive step toward peace and reconciliation in the region,” said Lydia Gall, Eastern Europe and Balkans researcher at Human Rights Watch. “With commitment from both governments and support from their EU partners, it could help improve human rights for everyone in Kosovo and Serbia.”

For further information, please see:

Al Jazeera – Serbia President ‘Apologises’ for Massacre – 25 April 2013

HRW – Serbia/Kosovo: Landmark Opportunity for Human Rights – 23 April 2013

Al Jazeera – Serbians Protest Kosovo Deal – 22 April 2013

BBC News – EU Commission: ‘Start Serbia Membership Talks’ – 22 April 2013

The Independent – Serbia Deal Ends Conflict with Kosovo – 22 April 2013

RFE/RL – European Commission Recommends Opening Accession Talks With Serbia – 22 April 2013

By Alexandra Sandacz
Impunity Watch Reporter, Europe 

MOSCOW, Russia – The Russian government assigned the Anti-Terrorist Department of the Russian Interior Ministry to search for Hermitage CEO, William Browder. Browder is charged with illegally obtaining $70 million of stock in the energy company, Gazprom.

General Major Sergei Borodulin of the Russian Interior Ministry commenced the latest sanctions against Mr. Browder. He is the same Russian official who authorized the opening of a posthumous criminal case against Sergei Magnitsky.

Despite the fact that this particular case has no legal foundation because the Gazprom shares were in fact purchased in open market transactions, a Moscow court issued an arrest warrant in absentia for the former Browder. The court accepted the arguments that Browder may influence witnesses or obstruct the criminal inquiry. As a result, Browder should be arrested to prevent such actions.

The court also supported the assertion Browder is actually currently hiding from Russian law enforcement agencies.

This will be the first case in Russian history where a foreign investor is “retroactively and arbitrarily” charged for conducting legal transactions.

Lt. Colonel A.K. Gubanov of the Anti-Terrorist Department visited the second secretary of the British embassy in Moscow “searching” for Browder. Gubanov’s search disregarded diplomatic protocol and legal procedures for police searches and mutual legal assistance requests.

Gubanov and another Russian police officer, Major P.I. Tambovtsev, requested that the British diplomat sign a Russian Interior Ministry procedure. However, the British diplomat declined to do so.

G.R. Sungurov, head of the 4th section of the Russian Interior Ministry’s Investigation Department, who is in charge of fighting organized crime and corruption, coordinated the latest search efforts for Browder.

A Hermitage Capital representative stated, “The misuse of the anti terrorist police in pursuing a political vendetta in relation to the Magnitsky Act shows how desperate the Russian authorities have become to try to protect their bank accounts and travel privileges. By the Russian government diverting their most important anti terrorist personnel at this sensitive time for private corrupt purposes is a clear sign of a complete breakdown in the law enforcement system in Russia.”

The warrant will have a very insignificant effect on Browder and his business relationships. Hermitage Capital’s interactions in Russia were minimized after Browder was barred from entering Russia in 2006.

For further information, please see:

Law and Order In Russia – Russian Government Employs Anti-Terrorist Unit to Search for Hermitage CEO in Retaliation for the US Magnitsky Act – 22 April 2013

RFE/RL – Moscow Seeks Arrest of Late Magnitsky’s Boss – 22 April 2013

Russia Beyond the Headlines – Moscow Court Orders Arrest of Magnitsky Boss Browder – 22 April 2013

The Voice of Russia – Russia Seeks Arrest of Late Magnitsky’s US-Born Boss – 22 April 2013