European Court Rules That Migrants Intercepted at Sea Cannot Be Expelled

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

STRASBOURG, France–On Thursday, February 23, 2012, the European Court of Human Rights ruled that, “it is a violation for states to collectively expel migrants intercepted on high seas.”

Migrants rescued at sea (Photo Curtesy of The United Nations)

In 2009, the subjects of the case, 11 Somali and 13 Eritrean nationals, boarded a boat and left for Italy in search of a better life. They were part of a larger group of about 200 migrants, including pregnant women and children. Just outside of Italian territorial waters, south of the Sicilian island of Lampedusa, Italian military vessels picked the migrants up and took them to Tripoli, Libya’s capital. There, they were handed over to Libyan authorities who incarcerated them for at least several months.

This procedure was arranged by then-Italian President, Silvio Berlusconi and Libya’s then-dictator, Moammar Ghadafi, in an effort to “stem the huge tide of immigration to Italy.”  Under this course of action, about 1,000 migrants were “forcibly returned to Libya by the Italian Cost Guard,” according to the United Nations.

The attorney for the African migrants alleged that this bi-lateral agreement between the two countries violated Article 3, Article 4 of the Protocol Number 4, and Article 13 of the Geneva Convention thereby violating their human right to seek political asylum. The European Court of Human Rights agreed.

The Court Opinion recognized that, through the bi-lateral agreement, Italy attempted to alleviate some of the problems associated with a great influx of migrants; however, the Court went on to articulate that a State is not absolved of its “obligation not to remove any person who would run the risk of being subjected to treatment prohibited under Article 3 in the receiving country.”

Article 3, which governs civil armed conflict, prohibits members of the armed forces from engaging in “violence to life and person, in particular murder…mutilation, cruel treatment and torture” against civilians and innocent bystanders.

Looking back to the “situation prevailing in Libya” at the time migrants were forced there in 2009, the Court determined that they could have been subjected to the aforementioned Article 3 prohibitions. Moreover, bringing the African migrants to Libya exposed the migrants to the “risk of arbitrary return to their countries of origin,” also in violation of Article 3. The Court determined that in 2009 Somalia remained a place of “widespread insecurity” and individuals in Eritrea “faced being tortured and detained in inhuman conditions merely for having left the country.”

The court also ruled that a country is not permitted, under Article 4 of Protocol Number 4, to collectively expel migrants captured at sea, iterating that, “we have long expressed alarm at the interception and collective expulsion of migrants, often risking their lives on the high seas, without opportunity for an individual examination of their cases.”

The United Nations High Commissioner for Human Rights, Navi Pillay, “cheered” the Court’s decision and called on “all states to recognize and respect the fundamental rights of all migrants, which are guaranteed by international law.” She also encouraged states to consider “human rights and protections enshrined by international law” when writing migration policies and laws.

For more information, please visit:

The United Nations – Rights of Migrants Upheld by European Court – 24 Feb. 2012

European Court of Human Rights – Hirsi Jamaa and Others v. Italy – 23 Feb. 2012

 

Disabled and Police Clash in Bolivia Over Subsidies and Establishing an Integrated Role in Society

by Emilee Gaebler
Impunity Watch Reporter, South America

LA PAZ, Bolivia – Yesterday police and a crowd of protestors clashed in the Plaza Murillo, the center of the national government.  Roughly 50 disabled individuals ended a 1,000 mile protest walk at the Plaza Murillo and were met by police barricades.

Police and protestors clash in Plaza Murillo. (Photo Courtesy of Voxxi)

Upon entering the Plaza the group attempted to pass the barricades and the police stepped in to stop them.  Some of the protestors used their wheelchairs, canes and crutches to fight the police.  Pepper spray was used to disperse and end the riot.

La Razón, a daily news agency in Bolivia, reports that four protestors were detained by police and roughly 10 of the disabled had minor injuries from the confrontation.  The police report that about 10 officers were also injured.

The group began the protest on the 15 of November, roughly 100 days ago, in the streets of Trinidad, Bolivia.  Along the way the protestors were fed and given places to sleep by families in the towns they passed through.

The protestors sought to draw attention to a government statute, passed on the 5th of November, that kept monthly payment subsidies, to those disabled, at roughly $130 US.  The demand of the group was that payment be increased to $400 US; a more appropriate amount which they could viably live on.  They also want to establish a more integrated place in society for those with disabilities.

The march was especially symbolic as it claimed for those disabled a strong political identity just like any other social group.  They specifically chose to end the march at Plaza Murillo as that is where other groups typically gather for protests.

“Why not us?  It is a public space and like everyone we all have the right to protest,” said Camilo Bianchi, a leader of the group.

Living in Bolivia as a disabled individual is not an easy life.  Most of the buildings throughout the nation are not handicapped accessible and there is a strong prejudice that continues to exist against them.  Most who are disabled find it impossible to work or to attend school.

“It’s very hard to be a person with a disability. Even our own husbands abandon us because they feel ashamed of us. I look after my four children alone, washing and ironing clothes for people, and doing whatever I can,” said Domitila Franco, one of the protestors.

The group has now declared that 10 individuals will begin a hunger strike in an attempt to gain governmental acquiescence to their demands.  The government’s defense of its actions yesterday centered on the theory that the group had been “infiltrated” by other political activists.  This presented too great of a threat to the Plaza as a public forum and thus police barricades were erected.

 

For more information, please see;

BBC News – Bolivia’s Disabled Clash with Police Over Subsidies – 24 February 2012

Bolivia Weekly – Disabled Battle Police in the Street – 24 February 2012

The Guardian – Disabled Protestors Clash with Police in Bolivia – 24 February 2012

La Razón – Tras la Violencia, Discapacitados Ingresan en Huelga de Hambre – 24 February 2012

Activist Warned to End Plan to Develop Peaceful Protest Website

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China –China’s state security police have warned pro-democracy dissident, Qin Yongmin, that he is not to continue his work on plans for a website aimed at promoting peaceful change in the nation.

Qin Yongmin has been threatened by police to end the creation of a website calling for peaceful change in China (Photo Courtesy of Radio Free Asia).

 

Qin was release from prison in November 2010 after serving a twelve year prison term following a conviction for subversion which resulted from his role as co-founder of the China Democracy Party and attempt to have the new party registered.

Since his release, he has been on twenty-four hour surveillance by officials and has been subjected to routine searches of his home and confiscation of his belongings.

In April, Qin was subjected to two home searches in a two week period during which he was threatened and verbally abused by authorities who also confiscated articles written by Qin and notebooks.

This week, Qin reported that he was surrounded by police while leaving a computer store and taken to a police station.

While at the police station, a police officer informed Qin that they had information that he had “…been posting articles overseas and giving interviews to journalists, and that this was against Article 82 of the national security law, and that they were going to punish me for that.”

Qin had intentions to launch a website called “Peaceful Transition Advice” which would be hosted overseas but was told by authorities but he was absolutely forbidden to create the website.

According to Qin, “[t]hey said that if I launched it in the morning, they would arrest me in the afternoon, and that they would pursue the harshest kind of punishment for me.”

The police officer also informed Qin that they were alarmed by a meeting he had held at a restaurant with several political activists.

According to Qin, the meeting was held on the second floor of the restaurant and the police “…took over the entire third floor.” He also reports that he was warned by police that no matter where he went or who he was with, they would know about it.

China’s dissidents have been under increased pressure from authorities since the Nobel Peace Prize was awarded to imprisoned democracy activist Liu Xiaobo.

Prior to the twelve year sentenced leading to his November release, Qin had been jailed twice before for his political activism. He served an eight year sentence for “anti-revolutionary propaganda and subversion” in 1981 for his involvement in the pro-democracy movement.

Four years later he was sentenced to two years of hard labor in a re-education through labor camp for a writing a document entitled “Peace Charter”.

 

For more information, please see:

Radio Free Asia –  Activist Warned Over Website – 20 February 2012

Asia News – Qin Yongmin, Cofounder of the China Democracy Party Freed Today – 29 November 2010

Human Rights in China – Police Search  Qin Yongmin’s Home – 28 April 2011

Clashes between Israelis and Palestinians over Holy Site

By Tyler Yates
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — Israeli police clashed with hundreds of Palestinians who threw rocks after leaving Muslim prayers at Jerusalem’s most holy site on Friday.  Elsewhere, Israeli soldiers opened up fire on protesters at a separate demonstration in the West Bank, killing one Palestinian. This continues a series of recent clashes between Palestinian protesters and Israeli police.

Police clash with Palestinian protesters (Photo courtesy of the Washington Post).

Hundreds of worshippers emerged from the two mosques in the walled al-Aqsa compound and began staging a demonstration.  An Israeli police spokesperson said that the hundreds of worshippers turned protesters hurled rocks at the police prompting the police to respond with stun grenades to disperse the crowd.

Najeh Bkeirat, a Muslim official at the scene, said demonstrators began throwing rocks only after police tried to stop their march.

Reports state that approximately 11 police officers were lightly injured by rocks, about 30 Palestinians were treated for light injuries from tear gas inhalation and scuffles, and four Palestinians were arrested.

The al-Aqsa Mosque compound has repeatedly been a site of violence between the two groups.  The compound sits atop the remains of the two biblical Jewish temples.  It is the most sacred site in Judaism, and it is Islam’s third-holiest site.  Any perceived attempt to change the delicate division of control of the compound sets off protests.

A similar clash at a demonstration near Ramallah in the West Bank around the same time of day resulted in Israeli soldiers firing on Palestinian protesters, leaving one dead.  The Israeli military said the protesting Palestinians threw rocks and firebombs at soldiers stationed nearby, which prompted their response.

Talat Ramieh, 25, was declared dead at a local hospital after suffering a critical chest injury.

The cause of the confrontations is not clear, however there have been heightened tensions between Jews and Muslims recently as rumors have been swirling among Palestinian activists that far right Israelis are attempting to gain access to Muslim-controlled areas at the holy site.

Israeli police have claimed that such rumors are false.

Jordan previously warned Israel on Sunday over any attempts by right-wing activists to threaten the al-Aqsa mosque.  Foreign Minister Nasser Judah denounced the recent use of force by Israeli police against worshippers at the mosque after eyewitnesses claimed that Israeli police entered the Muslim portion of the temple with a group of foreign visitors.

There has been a call from extremist Israeli groups and politicians to storm the al-Asqa mosque and establish the so-called Third Temple.  Many pro-Palestinian activists cite Israel’s failure to stop or disavow the extremist campaign as a reason for the growing violence.

Jordan has called for immediate international intervention from the Arab and Islamic worlds to stop Israel’s “daily and ongoing violations” in Jerusalem.

For more information, please see:

HAAERTZ — Palestinian killed in West Bank demonstration after Temple Mount clashes, sources say — 25 Feb. 2012

Al Jazeera — Clashes continue at Jerusalem’s al-Aqsa — 24 Feb. 2012

Huffington Post — Jerusalem Clashes: Conflicts Between Israel Police And Palestinians At Al Aqsa Site — 24 Feb. 2012

Washington Post — Police clash with Palestinians throwing rocks at Jerusalem holy site — 24 Feb. 2012

MENAFN — Jordan warns Israel over Al Aqsa as Jerusalem tensions reach ‘boiling point’ — 20 Feb. 2012

 

International Groups Urge Chavez To Stop Anti-Semitic Campaign Against Capriles

By Paula Buzzi
Impunity Watch Reporter, South America

CARACAS, Venezuela  — Jewish groups in Venezuela and around the world are urging President Hugo Chavez to stop using anti-Semetic attacks as a political tool against opposition leader Henrique Capriles Radonski. International groups are voicing concerns that Chavez’s campaign for presidency will only become more threatening and offensive as the October elections approach.

Capriles has been slammed with insults coming from the Chavez campaign since winning the Democratic Unity coalition's presidential candidacy. (Photo Courtesy of The Huffington Post).

Last week, the government-run website of Radio Nacional de Venezuela posted a column that highlighted the Jewish ancestry of Capriles; his grandparents were Polish Holocaust survivors. The column labeled Capriles a secret follower of Zionism, which is a Jewish political movement that the column called “the most rotten sentiments represented by humanity.” The column urged Venezuelans to reject “international Zionism” by re-electing Chavez.

Abraham Foxman, the director of the New York-based Anti-Defamation League, believes Chavez’s anti-Semitic remarks are an early attempt to cast Capriles as a “traitorous Jew” who is not worthy of the presidency. “The Venezuelan political campaign has just begun, and this early appearance of government-sanctioned anti-Semitism is a deeply troubling sign of the depths that President Chavez is willing to go to retain his oppressive power,” he said.

In 2008, A U.S. State Department report named Venezuela a country where its leaders and governments “fan the flames of anti-Semitic hatred within their own societies and even beyond their borders.” The report also criticized Venezuela’s government-sponsored mass media for functioning as a medium for anti-Semitism.

Other attacks coming from the Chavez campaign include accusations that Capriles is involved in a group that promotes the “Aryan race” with ties to Nazi leader Adolf Hitler, and that he is a pig and part of South America’s bourgeoisie. “You are not going to be able to disguise yourself, even if you look for advisers, masks. Dress yourself up however you dress yourself up. Pig’s tail, pig’s ears, pig’s nose: It’s a pig,” Chavez said.

Capriles, who spent four months in jail in 2004 on charges related to an attempted coup against Chavez, has denied the accusations against him in an interview and said he wants to focus his campaign on talking about the problems that really bother Venezuelans such as crime and unemployment. “They came here and they called me ‘Nazi,’ when my grandmother was in the Warsaw Ghetto,” Capriles told The Forward newspaper in response to the accusations.

Despite the aggressive campaign against him, Capriles is currently believed to be the most popular politician in Venezuela and a strong contender against Chavez, a socialist who has ruled Venezuela for the last 13 years. Chavez and Capriles will face off in October for the Venezuelan presidency.

 

For further information, please see:

International Business Times – Venezuela: Hugo Chavez’ Anti-Semitic Election Campaign – 24 February 2012

Bloomberg Businessweek – Chavez Media Say Rival Capriles Backs Plots From Nazi to Zionist – 21 February 2012

ABC News – Jewish Group: Chavez Foe a Target of Anti-Semitism – 17 February 2011

CNN – Jewish Groups Decry ‘anti-Semitic’ Venezuelan State Media Article – 19 February 2012