European Rights Watch

The ECHR issues ruling on COVID-19 related human rights violations

By: Ryan Ockenden

Impunity Watch Staff Writer

STRASBOURG, France – On March 11, 2021, the European Court of Human Rights (ECHR) awarded compensation to Joseph Feilazoo after a nearly 13-yearlong immigration battle. In 2008, Mr. Feilazoo was sentenced to 12 years in prison in Malta for drug trafficking. He was also fined €50,000 but was unable to pay the fine. As a result, two years were added to his sentence.

Prisoners like Joseph Feilazoo are kept in detention at Safi Barracks where they are subject to forced quarantine with COVID-19 patients. Photo Courtesy of the Council of Europe.

In 2019, he was scheduled for release. He made it known that he intended to return to Spain, which is where he was living prior to his arrest in 2008. However, Spain refused his return. Shortly after his release, he was charged with violence against prison officers and was resentenced to imprisonment. The sentence was changed from imprisonment to deportation and a fine. Mr. Feilazoo could not pay that fine and Nigeria refused to issue a travel document for his deportation. Malta ultimately placed him in the Safi Barracks immigration detention center.

Mr. Feilazoo complained to the ECHR, based on European Convention of Human Rights, alleging violations of: (1) inhuman and degrading treatment; (2) denial of his right to liberty; and (3) denial of his right to individual petition. First, per the European Convention on Human Rights, Malta is required under Article 3 to provide detention conditions that respect human dignity and avoid unnecessary hardship. The ECHR found that Mr. Feilazoo was subjected to non-functioning toilets, pest infestations, solitary confinement without natural light for 77 days, no exercise, and was forced to be in proximity of people in COVID-19 quarantine. Thus, the ECHR found that Malta violated his Article 3 rights by keeping him in inhuman and unacceptable conditions.

Second, under Article 5, Malta is required to protect detainees against arbitrary interference of their right to liberty. The ECHR found that Maltese authorities had not diligently pursued the travel documentation from Nigerian officials; they essentially gave up on trying. Thus, the ECHR found Malta violated Mr. Feilazoo’s Article 5 rights by keeping him detained for a period of time beyond necessary to complete deportation proceedings.

Third, under Article 34, Malta is required to ensure that a detainee’s access to the courts and judicial process is uninhibited. Unfortunately, the ECHR found that Mr. Feilazoo had not been allowed to access his documentation which was needed to submit a complaint to the ECHR. In addition, there were insufficient lawyer-client contacts and Maltese authorities were found to have done nothing to rectify this except to blame COVID-19 for the issues. Thus, the ECHR found that Maltese authorities inhibited his right to petition.

This is the ECHR’s first ruling on COVID-19 related detention issues. The ECHR makes it clear that placing someone in unfair detention with people who were exposed to COVID-19, and blaming COVID-19 for preventing a detainee from accessing the necessary documents and legal assistance to access justice, is unacceptable. This should set precedent in the ECHR that COVID-19 is not an excuse to deny detainees, or anyone, any rights granted to them by the European Convention on Human Rights.

For further information, please see:

Council of Europe – Torture prevention committee calls on Malta to improve treatment of detained migrants – 10 Mar. 2021

European Court of Human Rights – Deportation Detainee Housed With COVID-19 Quarantine Patients, And Multiple Other Violations – 11 Mar. 2021

Times of Malta – Man Wins €25,000 Compensation For Degrading Treatment At Detention Centre – 11 Mar. 2021

ECHR Demands the Release of Opposition Leader Navalny from Russian Prison Over Concern for his Life

By: Hannah Gavin

Impunity Watch Staff Writer

STRASBOURG, France – In February, the European Court of Human Rights (ECRH) stood in clear opposition against Russian leader Vladimir Putin by issuing a written statement calling for the release of opposition leader Alexei Navalny.

Woman examines poster depicting opposition leader Navalny in Rome. Photo Courtesy of the Washington Post.

Navalny has created a firestorm of opposition in recent months against Vladimir Putin and his regime. However, Navalny’s calls have been silenced as he sits in a Russian Prison. The ECHR stated in their press release that Navalny’s arrest was necessary for his own safety. The Court cited a recent attack on his life as the main catalyst for their opinion.

Navalny was arrested in mid-January on a return flight from Germany to Moscow. His flight to Russia was following his absence in the country for months following an extended hospital stay in Berlin. In late August of 2020, Navalny had been traveling on a flight from Siberia to Moscow when he suddenly fell into a coma. He was eventually taken to a hospital in Berlin where a Soviet-era nerve agent was found to have poisoned him. Although Putin has denied Navalny’s accusations that he was behind the poisoning, much of the World assumes Putin was involved. A week prior to his arrest, the Russian Prison Service issued a warrant for Navalny’s arrest stating that he violated the terms of a 2014 suspended sentence for embezzlement. This charge was already ruled on by the ECRH in 2017 and found to be unreasonable. Although the warrant was issued, Navalny believed his arrest would be “impossible” upon his arrival to Moscow and chose to fly back regardless. Since his arrest, Navalny has now also been charged with insulting a WWII veteran. Another move that many believe is meant to silence his opposition. 

In a nation long shut off from the progressing World in many respects, Navalny offered promises of globalism. His goal for Russia was simple, in theory. He wanted a European Russia. A nation connected with the whole of the continent and one that participated in free and fair commerce, communication, and travel. Navalny pushed against the Putin regime which has continued to rule without the true will of the people. For a younger generation of Russians and many of their elder cohorts, Navalny signaled change. However, despite his poisoning and arrest, Navalny continues to inspire. After his poisoning, last year and continuing to today, widespread and often violent protests have ignited across Russia. Navalny’s return to Russia amidst imminent threat only bolsters his supporters. Such an extreme show of bravery and care of Russia reminds the people that what they are fighting for is worth it.

However, regardless of how the ECRH or the globe has responded to Navalny’s arrest, Russia has a different tale. Top Russian officials described the ECRH release as unlawful and claimed it was the Western World attempting to meddle in a domestic issue. Russia’s Justice Minister said that the opinion was not based on even a single fact. He claimed there was no reason to release Navalny under Russian law. He further went on to say that the Court’s issue is impossible to fulfill and was a political move that only exacerbates an already strained relationship.

The implications for Russia’s arrest of Navalny extend beyond the obvious threat he posed to Putin’s grip on unwavering power. Navalny became the figurehead of a movement in Russia, the force of which has not been seen in decades. Navalny’s principals stood in stark opposition to those and gave millions in Russia a sense of hope for the future. With Russia facing potential expulsion from the European Council and sanctions by many Western nations, this may be a turning point for the country. Although Russia is notoriously secretive, the World will wait with bated breath to see if the ECHR ruling will hold any ground. Until then, Russian citizens supporting Navalny will continue to organize and fight for the nation at the center of it all.

For further information, please see:

AP News – Russia Rejects European Rights Court’s Order to Free Navalny – 17 Feb. 2021                     

DW News – ‘Release’ Alexei Navalny, European Court of Human Rights tells Russia – 17 Feb. 2021

DW News – Alexei Navalny: Prosecutors Urge Fine in Slander Case – 16 Feb. 2021

European Court of Human Rights – The Court Grants an Interim Measure in Favour of Aleskey Navalnyy and Asks the Government of Russia to Release him – 17 Feb. 2021

Politico – Kremlin Critic Navalny Arrested After Landing in Moscow – 17 Jan. 2021

Reuters – Russia Dismisses European Court of Human Rights’ Call to Free Navalny – 17 Feb. 2021

Turkish Criminal Proceeding Violates the European Convention on Human Rights

By: Genna Amick,

Journal of Global Rights and Organizations, Lead Articles Editor

ISTANBUL, Turkey – The European Court of Human Rights (ECHR) recently released a decision involving a sexual abuse case that began nearly two decades ago. On January 8, 2003, a Turkish individual identified only as N.Ç. filed a complaint against two women who forced N.Ç. to engage in prostitution alongside them.

Chambers within the European Court of Human Rights. Photo Courtesy of Bianet.

After an investigation was conducted, the prosecutor in the case filed a bill of indictment against twenty-eight individuals on various charges, including raping a girl who was under fifteen years old, falsely imprisoning a person to fulfill sexual desires, and inciting someone to prostitution. In 2010, after thirty-five hearings, the Mardin Assize Court acquitted several defendants, struck certain charges, such as “consensual imprisonment” and incitement to prostitution, and held that the sexual acts could not affirmatively be deemed nonconsensual as a psychiatric report found that N.Ç. “had not been totally unwilling.” On this basis, the Mardin Assize Court imposed on defendants the minimum sentence outlined in the Criminal Code.

On March 25, 2011, an application was submitted to the ECHR based on a complaint regarding the manner in which N.Ç.’s case was handled by the Mardin Assize Court. The application sought relief based on Article 3, which prohibits inhumane or degrading treatment, Article 6, which provides for the right to a fair hearing, Article 8, which provides for the right to respect for private and family life, and Article 13, which provides for the right to an effective remedy. A number of events occurred during the criminal proceeding that prompted N.Ç.’s application to the ECHR.

In the early stages of the proceedings, N.Ç. was subjected to ten, extremely intrusive medical examinations. All of the examinations were performed at the request of judicial authorities. The ECHR deemed the number of medical examinations to be excessive. Further, the Court stated that the intrusive nature was an unacceptable interference with N.Ç.’s psychological and physical integrity.

Several other human rights violations arose during the trial. On the same day that the defendants, N.Ç., and her representatives first appeared for a hearing before the Mardin Assize Court, N.Ç. and her representatives were attacked by relatives of some of the defendants as they left the courtroom. The Court ignored their request for protection measures, and later dismissed a request that the trial be transferred for safety reasons. Furthermore, N.Ç. was forced to confront her assailants on numerous occasions at various hearings. She also had to recount in detail the threats that the respondents had made and how she was raped. The Court held that the judicial authorities had not properly balanced the varying interests at play. Their failure resulted in a lack of protection for N.Ç. from the defendants in an extremely serious sexual abuse case.

Numerous other oversights on the part of the Turkish court resulted in the Court holding that the criminal proceedings had not been conducted in a manner that protected the values espoused by Articles 3 and 8 of the Convention. The Court ordered Turkey to pay N.Ç. 25,000 euros for non-pecuniary damages, as well as an additional 3,000 euros for costs and expenses.

For further information, please see:

European Court of Human Rights – Criminal proceedings against persons charged in connection with prostitution of a fourteen-year-old child: violations of the Convention – 09 Feb. 2021

Ukraine Brings New Inter-State Application Against Russia

By: Rebecca Buchanan

Impunity Watch Staff Writer

STRASBOURG, France – On February 19, 2021, the Ukrainian Government lodged a new inter-state application with the European Court of Human Rights (ECHR), against the Russian Federation. The application concerns the Ukrainian Government’s allegations of routine state-sponsored assassinations by the Russian Government.

Ukrainian President Volodymyr Zelenskyy (Left) and Russian President Vladimir Putin. Photo Courtesy of Unian.

Inter-state applications allow countries to lodge complaints against one another, and they make up a minority of the cases handled by the ECHR. This is the ninth inter-state application made by Ukraine against Russia. In addition to the newest application, three cases between the two nations are currently pending before the Court.

The first of the three pending cases, Ukraine v. Russia (re Crimea), concerns human rights violations by the Russian Federation in Crimea from February 27, 2014, to August 26, 2015. The application alleges that the Russian Government’s conduct, during that period, violated 12 separate articles of the European Convention on Human Rights, including Article 2’s right to life and Article 3’s prohibition of inhumane treatment and torture. This application was declared partly admissible by the Grand Chamber on January 14, 2021, and a Grand Chamber judgment is expected shortly.

The second pending case, Ukraine and the Netherlands v. Russia, was joined by the Grand Chamber on November 27, 2020, combining three separate inter-state complaints against the Russian Federation. Notably, the joined case addresses the alleged abduction of three groups of Ukrainian children who were temporarily held in Russia from June to August 2014, and the shooting down of Malaysia Airlines flight MH17 over Eastern Ukraine on July 17, 2014.

The third case, Ukraine v. Russia (VIII), concerns the capture of three Ukrainian Naval vessels in the Kerch Strait in November 2018. The Russian Government captured and held 24 Ukrainian sailors without communication with the Ukrainian Government. Ukraine alleges that the sailors were deprived of their liberty, were refused medical care, and were held without authority under International law. This case is currently pending before the First Section of the Court.

The Ukrainian Government’s newest inter-state complaint, registered under application no. 10691/21, alleges that Russian state-sanctioned assassination operations have targeted opponents of the Russian government within Russia and have extended into the territory of other nations. The application indicates complicity by the Russian Government in continuously covering-up and failing to investigate assassination operations. Ukraine alleges that these assassinations, and the Russian Government’s alleged complicity, violate both the procedural and substantive aspects of Article 2 of the European Convention on Human Rights.

February 20, 2021, marked the 7th year anniversary of the outbreak of the Russo-Ukrainian War in the Crimean Peninsula. In addition to the inter-state applications, 7000 individual applications remain before the ECHR regarding Russian conduct in Ukraine. These applications allege various and extensive violations of the European Convention on Human Rights by the Russian Federation and map the increase in hostilities between the two nations. Proceedings regarding the newest inter-state application are pending and the Russian Federation has yet to submit written observations on its own behalf.

For further information, please see:

European Court of Human Rights – ECHR puts questions in new inter-State case brought by Ukraine against Russia – 30 Nov. 2020

European Court of Human Rights – European Court joins three inter-State applications – 04 Dec. 2020

European Court of Human Rights – Grand Chamber decision Ukraine v. Russia (re Crimea) – 14 Jan. 2021

European Court of Human Rights – New inter-state application brought by Ukraine against Russia – 23 Feb. 2021

European Court of Human Rights – Q & A on Inter-State Cases – Jan. 2021

Statecraft – Ukraine Lodges Ninth Complaint Against Russia at ECHR – 24 Feb. 2021

Unian – Zelensky: I think Putin understands Ukraine is big, independent country – 20 Jan. 2020

 

Vanghele and Others v. Romania Dismissed After No Response by Applicants to Court

By: William Krueger

Impunity Watch Staff Writer

STRASBOURG, France – On January 21, 2021 the Fourth Section of the European Court of Human Rights (Court) joined together and dismissed 19 applicant complaints of Article 3 of the Convention violations by the Romanian government. In the decision of Vanghele and Others v. Romania, the Fourth Section was composed of Armen Harutyunan, Jolien Schukking, Ana Maria Guerra Martins, and Viktoriya Maradudina.

The exterior of the Aiud Prison located in Aiud, Romania. Photo Courtesy of The National Administration of Penitentiaries.

The first application was introduced to the Court on May 1, 2016 by Adrian Vanghele, with other applications arriving from George Orbulescu, Florin Gabriel Popescu, Petrică Dobre, Gavril-Lucian Ciupea, Silviu-Sorin Ungureanu, Ion Horga, Dumitru Ignat, Fănel Serea, Mădălin-Ionuț, Adrian Stoica, Gabriel Dorel Popu, Dănuț-Marian Nastas, Marian Dincă, Alexandru-Cristian-Anton Gheorghe, Mihai Dumitru, Gheorghe Albu, Ambrosie Teglaş, and Alin Dondoți. Three of the applicants had even included notice of a representative to act on their behalf: Stocia Nicolae of Norway, Daniela Voduță of Vaslui, Romania, and Titiana-Daniela Satnoianu of Braşov, Romania. The three represented Horga, Ignat, and Teglaş respectively. The letters of all nineteen applicants were introduced to the Court from May 1, 2016 to March 13, 2017. Generally, in the applications the nineteen had complained that their detentions in Romanian facilities were in violation of Article 3 of the European Convention. Article 3 states that: “No one shall be subject to torture or to inhuman or degrading treatment or punishment.” After the introduction of the letters, the Court informed the Romanian government of the complaint levied against it. The Romanian government submitted a response to the Court of its opinion on the admissibility of the complaints and the merits of an Article 3 violation. The applicants were invited to give their own observations; but none of the nineteen applicants replied.

In September 2020, the Court had sent each applicant a letter via registered mail that any observations submitted would be invalid as time had expired. The Court had set a new deadline however for all applicants in the same letter while reminding them of Article 37 in the European Convention. Article 37, specifically section 1(a), grants the court the right at any stage of a proceeding to strike an application from the list of cases if “the applicant does not intend to pursue his application.” All nineteen of the letters would be returned to the court in November 2020 without response. Most of the applicant’s letters would be returned to the court unclaimed, with four being returned as the applicant had been released from incarceration. According to court records, all nineteen applicants had been released from prison before the mailing of the letters. The Court was not notified of a change of address by any applicant and never received correspondence by an applicant or their representative.

In the Court’s decision, the Fourth Section concluded that the nineteen applicants must not desire continuing litigation. The Court then applied all of Article 37 section 1 to find there was no special circumstance that would lead the court to continue on the applicant’s behalf. The Court finished by joining all nineteen applications together and then striking the applications from the list of cases.

Vanghele and Others v. Romania was not the first time that alleged abuse of incarcerated individuals may have occurred under Romanian authority as according to a State Department of the United States Report on Human Rights Practices in Romania: prisons are overcrowded and undermaintained by Council of Europe standards, 633 complaints made by incarcerated persons to the National Penitentiary Authority in Romania were not referred to prosecutors, and medical care in Romanian prisons was insufficient.

European Court of Human Rights – European Convention – 6 Feb. 2013

European Court of Human Rights – Vanghele and Others v. Romania Decision – 21 Jan. 2021

European Court of Human Rights – Forthcoming Judgments and Decisions – 5 Jan. 2021

United States Department of State – 2019 Reports on Human Rights Practices: Romania – 11 Mar. 2020