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