By Ricardo Zamora

Impunity Watch Reporter, Europe

STRASBOURG, France – Despite a 2005 European Court of Human Rights (ECHR) decision finding blanket restrictions on prisoners’ right to vote illegal, the United Kingdom has continued denying prisoners in England and Whales the right to vote.

In June, the influential European body, the Committee of Ministers of the Council of Europe (CMCE), an inter-governmental organization that oversees and enforces ruling made by the ECHR, called on the ECHR for action against the UK policy.

The ECHR responded to the CMEC’s concerns in its October, Frodl, decision, finding that, with few exceptions, any denial to prisoners of the right to vote violates EU law.

Adam Wagner, a human rights barrister at One Crown Office Row chambers, wrote on his blog: “The now-final decision in Frodl…effectively ruled that the disenfranchisement of prisoners could only happen on rare occasions: namely, where a prisoner was detained as a result of the abuse of a public position or a threat to undermine the rule of law or democratic foundations.”

The Daily Telegraph disclosed this week that the British Government, currently faced with a similar challenge in its courts, appears to have changed it’s approach and is instead focusing on how to deny the maximum number of prisoners the right to vote without breaking the law.

The government is now seeking denial of the voting right to individuals serving sentences of more than four years.  But even this approach may be illegal in the wake of Frodl.

David Davis, former Tory shadow home secretary, maintains that the decision was none of the European Court’s business.  Davis maintains that the issue had been decided long ago by parliament.

In a response to the ECHR’s decision, Davis noted that the Court “said in the judgment that one of the reasons they made this decision was because there had been no debate in Parliament.”  “Well, maybe they didn’t got back to 1867.  Maybe they didn’t realize there was a democracy here then, but that’s when it was debated and we made a decision,” he added.

Telegraph.co.uk reports that the British Government is expected to decide how to amend the law before a meeting of the Committee of Ministers of the Council of Europe in December.

For more information, please see:

BBC News – Senior Conservative Calls For Prison Vote Debate – 11.05.10

Deutsche Welle – Postcard from Europe: UK Prisoners to Get the Vote – 11.05.10

Telegraph – Jailed MPs Could Be Denied Vote After Latest European Ruling – 11.05.10

By Ricardo Zamora

Impunity Watch Reporter, Europe

ISTANBUL, Turkey – In a report released today, Human Rights Watch revealed that Turkey, through anti-terror laws, seeks to prosecute peaceful demonstrators as though they were armed militants.  Human Rights Watch cautions that such sweeping laws violate freedom of expression, association, and assembly.

After a suicide bombing during a Kurdish demonstration in Istanbul yesterday, local authorities are seeking to prosecute many attendees even though they were not involved in the bombing itself.

This is not a new approach for the Turkish government.  Over the past three years, courts have prosecuted demonstrators through the use of the 2005 Turkish Penal Code and case law.  Hundreds of Kurdish demonstrators are currently incarcerated awaiting the outcome of their trials or appeals.

“When it comes to the Kurdish question, the courts in Turkey are all too quick to label political opposition as terrorism,” said Emma Sinclair-Webb, Turkey researched at Human Rights Watch and author of the report.  “When you close off the space for free speech and association, it has the counterproductive effect of making armed opposition more attractive.”

In July, parliament amended laws to prevent the prosecution of Kurdish children who attend such demonstrations and quashed any current convictions.  However, Turkey’s approach to handling adults went unchanged.

Now, Human Rights Watch is calling Turkey to similarly amend its approach to the prosecution of Kurdish adults in related cases.

“Ending the prosecution under these laws of most child demonstrators was an important step forward,” Sinclair-Webb said. “But allowing laws clearly aimed at terrorism to be used against adult demonstrators inflicts immense damage on free expression, assembly, and association in Turkey.”

The report documents many “violations” which authorities found sufficiently severe to subject otherwise legal demonstrators from being subject to Turkey’s anti-terror laws and penalties.  For example, several individuals have been convicted for simply shouting slogans, making victory signs and throwing stones.  Sentences handed down for those offenses range from 10 years and 5 months to 11 years and 3 months.

“The government should complete the task of reform by changing laws relating to adult demonstrators, to bring them fully into line with Turkey’s human rights obligations,” Sinclair-Webb said.  “Throwing people in jail is not way to halt terrorism – or protest.”

For more information, please see:

IFEX – HRW Report Shows Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Human Rights Watch – Turkey: Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Monsters & Critics – Turkey Accused of Using Terror Laws to Stifle Kurdish Protests – November 1, 2010

By Ricardo Zamora

Impunity Watch Reporter, Europe

Several human rights groups are urging European countries to halt the deportation of displaced Roma and other minorities into Kosovo where they face discrimination and human rights violations.

In a report released today, Human Rights Watch reports that deportees face numerous hardships upon return to Kosovo including lack of proper healthcare, difficulties in integrating into society, and a lack of education for their children.  The deportees also have difficulty obtaining identity documents, employment, and social welfare services.

While now independent despite Belgrade’s claim of sovereignty over it, Kosovo is plagued by poverty, unemployment, and crime.  Hostility among ethnic groups creates an environment with a high potential for violence.

“Europe is sending Kosovo’s most vulnerable people back to discrimination, exclusion, poverty, and displacement,” said Wanda Troszczynska-van Genderen, Western Balkans researcher at Human Rights Watch.  “If Europe’s leaders are serious about improving the plight of Roma, Ashkali, and Egyptians, they should suspend the deportations to Kosovo and ensure adequate support to those who have already been sent back.”

The report notes that over 50,000 minorities have been deported back into Kosovo since 1999 and expresses concerns over a significant rise in that number.  The report explicitly voices concerns over some 12,000 people facing deportation in Germany alone.

But a recent policy shift on deportations to Kosovo by the German state of North Rhine-Westphalia, where almost 40% of the refugees are living, suggests that reform is possible.  A September decree issued by the state’s Interior Ministry recognized the need for special protection of these minority groups, requires individual screenings prior to deportation, and recommends not deporting school-age children.  While decree does not completely disallow deportations, Human Rights Watch says that it is a positive step toward reform and gives hope to many of the 12,000 people currently at risk of deportation.

Nevertheless, concern stems from the Kosovo government who, seeking international recognition and under pressure from Europe, has signed readmission agreements with Germany, Belgium, France, Switzerland and Norway.

“These agreements, and the absence of screening by Kosovo prior to (return) open the door to ever greater numbers of deportations, create a real risk of human rights abuse, and escalate crisis conditions for deportees, their families, and the broader Kosovo community,” the Human Rights Watch report warned.

For more information, please see:

Human Rights Watch – Kosovo: Europe Returning Roma to Face Hardship – October 28, 2010

The Star – Roma Forced Back To Dire Poverty, Deprivation – October 28, 2010

WAZ – Human Rights Watch Denounces Roma Deportations to Kosovo – October 28, 2010

By Ricardo Zamora

Impunity Watch Reporter, Europe

LONDON, England – Three men have been arrested in connection with the death of an Angolan national during a deportation.  Jimmy Mubenga, 46, died last week shortly after boarding a flight to his home country.  He was flying back subject to deportation orders after his application for asylum in the United Kingdom was denied.

Last Tuesday, Jimmy Mubenga, escorted by three G4S security guards, was put on British Airways flight 77 from Heathrow to Luanda, Angola.  G4S is an international organization specializing in sensitive security operations.  The U.K. contracts G4S to escort deportees to the Home Office.

Shortly after boarding his British Airways flight, a verbal outbreak prompted the guards to forcefully detain Mubenga in his seat. Several witnesses to the detention said that the three security guards who detained Mubenga complained about Mubenga’s breathing throughout the ordeal.

The Guardian reports that witnesses recalled Mubenga being handcuffed and sat between two guards at the rear of the aircraft.  At some point Mubenga began shouting and resisting his deportation and the guards restrained him in his seek despite his shouting “I can’t breathe” until losing consciousness.

Mubenga’s family has called witnesses to come forward with any other information which may assist in the investigation.

“If, as eye-witness report suggest, Mr. Mubenga was complaining of breathing difficulties, questions must be asked as to why help was not called for sooner,” Keith Vaz, chair of the Commons home affairs select committee, said.  “When removing people from the UK, human rights must be fully respected at all times,” he added.

By Ricardo Zamora
Impunity Watch Reporter, Europe

BELGRADE, Serbia – Serbia’s first gay-pride parade in nearly ten years ended in violence earlier this week.  Anti-gay protesters intimidated local authorities over such demonstrations since Serbia’s last gay-pride parade in 2001.  The 2001 parade ended so violently that authorities postponed the parade for nearly a decade.

A gay pride march planned last year was canceled due to fears violence.  This year, however, after incorporating the use of heavy police presence and armored vehicles, local authorities felt confident that rioters would be deterred.

Before the march, the head of the EU mission in Serbia, Vincent Degert, addressed the group of 1,000 participants surrounded by riot police and armored vehicles.

However, shortly after the march began, rioters attacked parade supporters and participants with Molotov cocktails and rocks.  Police responded with tear gas and rubber bullets.  Approximately 100 rioters were arrested.  While no deaths were reported, 100 individuals, mostly police, were injured.

“The hunt has begun,” the AFP news agency reported the rioters say saying.  “Death to homosexuals.”

Boban Stojanovic of the NGO Queeria Center stated that “what happened on the street were the remains of the warmongering politics of the 1990s…and is related to a concentrated hate in this region in last 20 years.”

Politics aside, anti-gay sentiment runs deep in Serbian traditions.  Indeed, before the parade took place, the Serbian Orthodox Church condemned the demonstration and warned against violence against participants.  Belgrade’s mayor, Dragan Djilas, said the violence actually had nothing to do with traditional values, blaming the rioting instead on anti-government thugs.

“What’s going on now has nothing to do with the Pride parade.  Unfortunately there are always people who will use every opportunity to destroy their own city.  Fortunately no lives were lost – this is the most important thing,” Mr. Djilas said.

According to the BBC, “This year’s event was being seen as a test of how far the country has come from the ultra-nationalism and violence of the 1990s and on its path to EU membership.”

For more information, please see:

AFP – Serbian NGOs hail Gay Pride Amid Threats of More Violence – October 13, 2010

BBC – Scores Arrested in Belgrade After Anti-Gay Riot – October 10, 2010

ECONOMIST – Hate In Belgrade – October 10, 2010