News

Battle over EU migrant crisis continues in Court of Justice

By: Sara Adams
Impunity Watch News Reporter, Europe 

Migrants enter Austria and Hungary in 2015. Image courtesy of Getty Images.

LUXEMBOURG, Luxembourg – The European Court of Justice held against Asylum seekers from Syria and Afghanistan in a case on June 26.

The asylum seekers arrived in Croatia during the migrant crisis of 2015-2016. The families were then transported to Austria and Slovenia without proper visas. Many migrants seek to move north upon entry in places like Greece and Turkey. Countries in the north often have more resources to give refugees a better life.

Austria sought to deport the refugees back to Croatia under the Dublin rule.

Under the rule, individuals coming into Europe must seek asylum in the first country of entry. In this case, that country is Croatia.

While an exception to the rule does exist, the court held that it was not applicable in this case. Asylum seekers are only permitted to be transferred to another country under “exceptional circumstances.”

Despite the influx of migrants coming in to southern European countries, the court ruled that this did not constitute an “exceptional circumstance”.

Countries can also allow entry of an asylum seeker on humanitarian grounds. However, the court reasoned that the exception is not “tantamount to the issuing of a visa, even if [the admission] can be explained by exceptional circumstances characterized by a mass influx of displaced people into the EU”.

The asylum seekers will be deported to Croatia, where they can seek asylum there.

Austria is one of several northern European countries that has declined to take on refugees, despite the European Union’s quotas. The quotas were designed to offset the influx into poorer countries like Italy and Greece.

Hungary and Slovakia have also been against taking in refugees. The Court of Justice released an additional decision on July 26 that dismissed the two country’s claim against the mandatory relocation of asylum seekers.

The two nations sought to have the EU plan for relocation annulled. The arguments were rejected by the Advocate General of the court, Yves Bot.

“The contested decision automatically helps to relieve the considerable pressure on the asylum systems of Italy and Greece following the migration crisis of 2015,” he said. “[It is] thus appropriate for attaining the objective which it pursues.”

The relocation of migrants in the EU reached a “record level” in June, according to the European Commission. The EU continues to push forward against the countries that have failed to meet their obligations for accepting migrants.

The EU Migration Commissioner Dimitris Avramopoulos is calling on EU member states to “step up efforts” to re-locate migrants from Italy.

“Relocation works if the political will is there,” he says, adding, “Italy still needs our support.”

For more information, please see: 

CNN – Court: Responsibility remains with state of entry – 26 July 2017

CNN – Lawyer urges dismissal of Hungary, Slovakia case – 26 July 2017

Reuters – Top EU court adviser deals blow to easterner’s refugee battle – 26 July 2017

The Guardian – EU court backs migrant deportations by Austria, Slovenia – 26 July 2017

Politico – Top court clears Austria, Slovenia of turning back asylum seekers – 26 July 2017

Washington Post – The Latest: EU migrant relocation reached record in June – 26 July 2017

BBC News – EU migrant crisis: Austria can deport Asylum seekers, court says – 26 July 2017

Tough New Orders to Combat “Narcotics Emergency” in Indonesia

By: Brian Kim
Impunity Watch Reporter, Asia 

JAKARTA, Indonesia – President Joko Widodo of Indonesia imposed a new order against drug dealers and traffickers as he attempts to fight the drug issues he is facing in the country. The new shoot-to-kill order is his call for tougher action against drug traffickers in Indonesia.

Indonesia’s President Joko Widodo has implemented tough rules to combat the country’s “narcotics emergency”. Photo courtesy of ABC.

At an event in Jakarta on July 21, Mr. Wido warned against a potential national emergency due to the drug situation. He stated that “if they resist arrest, just gun them down, show no mercy.”

His recent comments have been compared to President Rodrigo Duterte of the Philippines as Mr. Duterte has issued controversial anti-drug laws in his country. Since the beginning of his campaign to stop drug trafficking in the Philippines, Mr. Duterte’s police force has killed around 7,000 Filipinos. His actions have been condemned by the international community.

In 2015, Mr. Widodo’s government executed two Australian drug smugglers despite the Australian Government’s plea for a stay of execution. With its already tough laws against drugs, Mr. Widodo has been heavily criticized for ordering executions for drug offenses.

The new order was implemented after a Taiwanese national was shot dead for being involved with a drug smuggling operating around Jakarta. The man was reported to be a part of a group trying to smuggle one tonne of crystal methamphetamine into Indonesia. The man was shot for resisting arrest.

Indonesia is one of 33 countries that use capital punishment for drug-related convictions and since 2013, 18 people have been executed by the firing squad. Currently, the government estimates around 1.2 million drug-abusers in the country. Ecstasy, heroin, marijuana, and methamphetamine are widely used in Indonesia.

General Tito, the Indonesian National Police chief, stated that imposing the death penalty against drug offenders is a good way to deter people from committing drug-related crimes.

However, General Tito’s comments drew strong condemnation from the international community and from Human Rights Watch deputy director for Asia, Mr. Phelim Kine. Mr. Kine was recently quoted in saying that General Tito’s should “denounce the Philippines’ war on drugs.”

For more information, please see: 

ABC – Indonesian President tells police to shoot foreign drug dealers who resist arrest – 22 July, 2017

Reuters- Joko Widodo: Police should shoot suspected drug dealers – 22 July, 2017

The Straits Times – Jokowi issues order to shoot drug traffickers – 23 July, 2017

Aljazeera – Joko Widodo: Police should shoot suspected drug dealers – 23 July, 2017

 

German Foreign Ministry advises against travel to Turkey

By: Sara Adams 
Impunity Watch News Reporter, Europe 

Germany’s Foreign Minister speaks at a press conference on July 20. Image courtesy of AP.

BERLIN, Germany – German Foreign Minister Sigmar Gabriel advised citizens against traveling to Turkey, in a time of rising tension between the two countries.

The tension comes from Turkey’s actions since the failed coup against the government in 2016. In the past year, the Turkish government has arrested at least 50,000 people, including journalists and opposition members. Of those, 22 have been German citizens.

German-Turkish journalist Deniz Yucel was among those arrested in the past year. He was detained on terror charges in February. Six of the human rights activists arrested in June were jailed in Turkey on July 18 while they await trial.

The jailing of the activists is what some are saying triggered Berlin to issue a warning against travel to Turkey.

Relations between Turkey and Germany have become a key topic as Germany approaches a general election in September. Foreign Minister Gabriel is part of the Social Democrats, a rival to Chancellor Merkel’s Christian Democrats.

Despite the rivalry, Chancellor Merkel has backed the Foreign Minister’s warning against traveling to Turkey.

Foreign Minister Gabriel is reviewing the relations between the two countries. While he says that Germany “wants Turkey to become part of the west,” he also urged that “it takes two to tango.”

Germany is considering review of an export credits system that benefits Turkey. They are also considering how to handle Turkey’s bid to join the European Union.

Meanwhile, Turkey has stated that it will “reciprocate” what it calls “blackmail and threats” by Berlin. The Turkish Foreign Ministry blames the tensions on Germany’s “double-standard attitude” toward Turkey.

Counsel of Europe’s Secretary General Throbjorn Jagland joins the calls for freeing the prisoners in Turkey.

“Human rights defenders should be able to fulfill their activities freely without being subject to arbitrary interferences by the authorities,” he said in a statement on June 20.

Continuing, the Secretary General stated that the lack of evidence against those jailed can lead to “fear, self-censorship and a chilling effect on Turkish civil society.”

Even so, the government in Ankara continues to hold steadfast to their own judicial processes.

A statement released by the Turkish Foreign Ministry insisted that “the independent Turkish judiciary must be trusted.”

The Ministry strongly condemned any suggestion that German citizens were not safe when traveling to Turkey.

“There is no such thing,” the Turkish Foreign Minister said. “as far as the judiciary could establish [those arrested were] not ordinary visitors, [but] people who engaged in illegal or suspicious activities.”

For more information, please see: 

BBC News – Germany warns citizens of Turkey risks amid arrests – 20 July 2017 

The Washington Post – The Latest: Turkey says it would reciprocate German threats – 20 July 2017 

Reuters – Germany warns citizens to be more careful in traveling to Turkey – 20 July 2017 

AP News – Germany raises pressure on Turkey after activists jailed – 20 July 2017 

LA Times – Turkish court jails an Amnesty director and 5 other human rights activists pending trial – 18 July 2017 

The Guardian – ‘Assault on freedom of expression’: Die Welt journalist’s arrest in Turkey – 28 February 2017  

Nobel Prize Laureate Dies in China

By: Brian Kim
Impunity Watch Reporter, Asia 

BEIJING, China – Chinese Nobel Prize laureate, Liu Xiaobo, died on July 13th from multiple organ failure. Liu was a prominent Chinese dissident who participated in the 1989 Tiananmen Square pro-democracy protests.

Supporters mourning Liu Xiaobo’s death in Hong Kong. Photo courtesy of CNBC.

In 2009, Liu was sentenced to 11 years in prison for his work with crafting “Chapter 08,” a manifesto calling for political reform in China. The Chinese government sentenced him to prison for “inciting subversion of state power.”

While serving his time at Jinzhou Prison in 2010, Liu was named the winner of the Nobel Peace Prize for “his long and non-violent struggle for fundamental human rights in China.” However, the Chinese government did not allow him to travel to accept the award and attempted to block the news inside the country. The Nobel organizers placed his award on an empty chair during the award ceremony in his honor.

Due to his illness, Liu was transferred to a hospital in the city of Shenyang to receive treatment. Despite facing much pressure from the international community, China refused to allow Liu to travel abroad to receive treatment.

The Norwegian Nobel Committee recently condemned the Chinese government for not allowing Liu Xiaobo to receive medical treatment abroad. Berit Reiss-Andersen, the leader of the Norwegian Nobel Committee stated that “the Chinese Government bears a heavy responsibility for his premature death.”

Many people, including Amnesty International’s Nicholas Bequelin, described his death as “one of the most crude, cruel and callous political show(s) I have ever witnessed.”

Liu’s wife, Liu Xia, has been under house arrest and has not been allowed to communicate with the outside world since Liu Xiaobo received the award. Since his death, thousands of people gathered in Hong Kong to hold a vigil for Liu and asked the Chinese government to free Liu Xia.

Carl von Ossietzky, a Nobel Peace Prize winner, was the last winner to die under government surveillance. He died in Berlin in 1938.

For more information, please see: 

CNBC – Struck by liver cancer, Chinese Nobel Peace Prize-winner Liu Xiaobo dies – 13 July, 2017

Alijazeera – China’s Nobel laureate Liu Xiaobo dies: official – 14 July, 2017

CNN – Nobel laureate Liu Xiaobo, the unwitting martyr – 14 July, 2017

Reuters – Chinese Nobel laureate’s ashes scattered at sea – 14 July, 2017

Belgian ban on religious head coverings acceptable, European court rules

By: Sara Adams
Impunity Watch News Reporter, Europe

A woman wears a niqab in Brussels. Image courtesy of AP.

STRASBOURG, France – The European Court of Human Rights upheld a Belgian ban on wearing full-face religious veils in public.

The ban was implemented by the Belgian government in 2011. The full-face coverings, including the niqab and burqa, is religious headwear worn by women of the Islamic faith. Burqas cover the entire face, including the eyes, while niqabs leave the eyes open.

Punishment for wearing these veils in public are as minor as fines, to more serious jail time.

The ECHR held that the ban was not a violation of religious freedom.

It was said that the Belgian government has the right to impose restrictions that “protect the rights and freedoms of others.” They also stated that the ban was “necessary in a democratic society.”

The debate about Muslim face coverings has raged for several years. Multiple European countries have imposed or proposed a similar ban to the one in Belgium. The most recent was in Norway, where discussions began about banning full-face veils in June.

Proponents of the ban argue that it is actually conducive to women’s freedom, rather than restrictive of it. One Belgian policymaker, Daniel Bacquelaine, said that “[forbidding] the veil as a covering is to give them more freedom.” He added, “if we want to live together in a free society, we need to recognize each other.”

It is true that many women in predominantly Muslim countries do not have a choice in wearing head coverings. Saudi Arabia and Iran both require by law that women have their heads covered in public.

Yet many Muslim women in western countries have expressed that they choose to wear head coverings on their own free will. Two of these include the women who brought the Belgian ban to the ECHR.

One of the women did not leave the house for fear of breaking the law for wearing her head covering. The other took off her veil in public.

More European countries have begun support for partial or complete bans on full-face veils.

The decision by the Court can be appealed. There will be three months to bring an appeal to the higher level, where five judges will determine whether there should be a second look at the decision.

For more information, please see:

NPR – European Court of Human Rights Upholds Belgium’s Ban on Full-Face Veils – 11 July 2017

BBC News – Belgian face veil ban backed in European court ruling – 11 July 2017

Independent – European Court of Human Rights upholds Belgium’s bans on burqas and full-face Islamic veils – 11 July 2017

The Telegraph – Belgian ban on Muslim full-face veil is legal, European Court of Human Rights rules – 11 July 2017

JURIST – Europe rights court upholds Belgium burqa ban – 11 July 2017

Reuters – Norway proposes ban on full-face veils in schools – 12 June 2017

The Washington Post – MAP: Where Islamic veils are banned, and where they are mandatory – July 1, 2014