News

Brazil Follows Uruguay And Effectively Approves Gay Marriage

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASILIA, Brazil – 2013 has certainly been a telling time for same-sex relations. While some misguided Catholics appreciated that the Pope approved of same-sex unions, the real story comes from the approval of same-sex marriages in Latin America.  Authorities in Brazil have effectively legalized same-sex marriage, following Argentina and Uruguay in providing equal rights to couples.

Brazil’s National Council of Justice have issued a ruling allowing any couple in Brazil to seek a marriage without a judges consent. (Photo Courtesy of BBC)

Brazil’s National Council of Justice, a panel which oversees the legal system and headed by the chief justice of the Supreme Court announced a resolution on May 14, 2013, stating that notary publics who preform marriage ceremonies cannot refuse to preform same-sex ceremonies. Having been debating this issue after a 2011 Supreme Court ruling they announced that there was no reason for the government to wait for congress to pick up the slack and pass a law extending gay couples rights they already technically and legally have. After this ruling, if a notary public officer rejects the signing of a gay marriage, he could face sanctions. Same-sex civil unions have already been authorized in the country, and this would allow same-sex unions to be converted into marriages, allowing them the same protections that already benefit heterosexual marriages in the predominantly Roman-Catholic nation. From now on, couples in all 27 states will no longer need to petition a judge in order to receive a marriage license, and that includes Brazil’s estimated 60,000 gay couples.

The 2011 ruling recognized stable homosexual unions and that the Brazilian constitution granted them the rights. Chief Justice Barbosa, chief justice of the Supreme Court called it binding, and announced that the lower courts should follow it. However a strong religious faction in congress opposes same-sex marriage and has yet to approve any laws which would support same-sex marriage reform and regulations. Citing judicial activism, Marco Feliciano of the Social Christian Party stated “it’s something most Brazilians do not want” as well that the decisions was “unconstitutional.” Congressman Feliciano, an outspoken opponent of gay rights has called AIDS a “gay cancer.” A week later on May 22, the conservative party appealed the council’s decision to the Supreme Court.

Perhaps bowing down the Brazilian resolution. 4 days later French President Francois Hollande signed into law a bill authorizing marriage and adoption by same-sex couples.

For more information please see:

On Top Magazine – Conservative Leader In Brazil Challenge De Facto Gay Marriage Ruling – 22 May 2013

Telegraph – Brazil Judicial Decision Paves The Way For Same-Sex Marriage – 15 May 2013

New York Times – Brazilian Court Council Removes A Barrier To Same-Sex Marriage – 14 May 2013

BBC – Brazil Judicial Decision Paves Way For Gay Marriage – 14 May 2013

Standard Digital – Brazil Paves Way For Gay Marriage – 10 May 2013

Interpol Rejects Russia’s Politically Motivated Warrant and Rules in Favour of William Browder

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 86th 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

U.S. Government Admits Drone Strikes Killed Four Citizens

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — The Justice Department acknowledged for the first time this week that U.S. drone strikes have killed four American citizens in the Middle East since 2009.

In a letter from Attorney General Eric Holder (above) to Senate Judiciary Chairman Patrick Leahy on Wednesday, the Obama Administration acknowledged for the first time that U.S. drone strikes have killed four American citizens since 2009. (Photo Courtesy of USA Today)

The admission came Wednesday, the day before President Obama a new approach to the nation’s drone policy, in a letter from Attorney General Eric Holder to Sen. Patrick Leahy of Vermont, who chairs the Senate Judiciary Committee.

“Based on generations-old legal principles and Supreme Court decisions handed down from WWII, as well as during the current conflict, it is clear and logical the United States Citizenship alone does not make such citizens immune from being targeted,” Holder wrote.

During counter-terrorism operations against al-Qaeda and other forces, the United States targeted and killed one American citizen—Anwar al-Awlaki—and acknowledged the deaths of three others as a result of U.S. drone attacks.  Those citizens—Samir Khan, an al-Qaeda propagandist; Abdulrahman al-Awlaki, the son of Anwar al-Awlaki; and, Jude Kenan Mohammed—were killed around the same time but “were not specifically targeted.”

The letter described the older al-Awlaki as the planner of the attempted bombing of a Detroit-bound airliner in 2009, and it said he plaid a key role in a failed attempt to bomb cargo planes headed for the United States in 2010.

The letter was a response directed by President Obama to congressional inquiries into the “administration[‘s] use of lethal force against U.S. citizens.”  The White House said it “informed the relevant congressional oversight committees that it had approved the use of lethal force against al-Awlaki in February 2010—well over a year before the operation in question.”

On Thursday, President Obama announced a new approach to drone strikes in the future, tightening the rules of who can be targeted.

“In the years to come, not every collection of thugs that labels themselves al-Qaeda will pose a credible threat to the United States,” Obama said at the National Defense University in Washington.

“Unless we discipline our thinking, our definitions, our actions, we may be drawn into more wars we don’t need to fight, or continue to grant presidents unbound powers more suited for traditional armed conflicts between nation states,” he said.  “This war, like all wars, must end.  That’s what history advises.  That’s what our democracy demands.”

The Administration said, moving forward, the U.S. military would be the lead authority for drone strikes instead of the Central Intelligence Agency.

For further information, please see:

Bloomberg Businessweek — Obama Sees Sunset on Sept. 11 War Powers in Drone Limits — 24 May 2013

CBS News — Attorney General Holder: Drones Killed 4 Americans Since 2009 — 22 May 2013

USA Today — Holder Says Four U.S. Citizens Killed in Drone Strikes — 22 May 2013

Voice of America — US Officially Acknowledges Drone Strike Killings — 22 May 2013

Police Shooting in Immigrant Neighborhood Sparks Sweden’s Worse Riots

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.

(Photo Courtesy of The Local)

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

Norway Recommends Bringing Magnitsky Sanctions to the UN Security Council

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