A Voice for the Voiceless

European Court Condemns Russia For Gay Pride Bans

By Christina Berger
Impunity Watch Reporter, Europe

STRASBOURG, France — The European Court of Human Rights ruled on Thursday that Russia unlawfully banned gay pride marches and picketing in Moscow in 2006, 2007, and 2008. The Court held that Russia violated Article 11 of the European Convention on Human Rights, which guarantees a right to freedom of peaceable assembly, and Article 14, which prohibits discrimination in the enjoyment of the rights set forth in the Convention.

The case was brought before the court by Nikolay Alekseyev, a gay rights activist. He organized several marches in Moscow in 2006, 2007, and 2008 to bring attention to the discrimination faced by gays and lesbians. Many gay pride events were denied official permission to demonstrate. Events that were carried on anyways were usually immediately disbanded and demonstrators were sometimes beaten by police.

Yuri Luzhkov, the Moscow mayor during the time in question, was vocal about his disapproval of homosexuals. He had been on record as calling homosexuals “satanic” and his determination to prevent gay pride marches was recorded on numerous occasions. The court noted this in its opinion, recognizing that the marches and events were banned not for public safety reasons, but rather for government officials’ disapproval of homosexuality.

The Court reasoned in its judgment opinion in Alekseyev v. Russia, “The Court further reiterates that it would be incompatible with the underlying values of the Convention if the exercise of Convention rights by a minority group were made conditional on its being accepted by the majority. Were this so, a minority group’s rights to freedom of religion, expression and assembly would become merely theoretical rather than practical and effective as required by the Convention.”

The Court ordered the Russian government to pay Alekseyev just over $40,000 in damages and legal fees. The European Court of Human Rights was established by the European Convention on Human Rights, of which Russia is a party, so this decision is binding on Russia.

For more information, please see:

AP — Court condemns Moscow gay pride bans — 21 October 2010

NYT — European Court Fines Russia for Blocking Gay Protests — 21 October 2010

BBC — European court fines Russia for banning gay parades — 21 October 2010

EUROPEAN COURT OF HUMAN RIGHTS — Alekseyev V. Russia, Judgment — 21 October 2010

PROPOSAL BY PRESIDENT CALDERON: MEXICAN MILITARY TROOPS TO BE TRIED IN CIVILIAN COURTS FOR RAPE, TORTURE & FORCED DISAPPEARANCES

By Erica Laster
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – Amid criticism from human rights groups and pressure from the International Community, Mexican President Felipe Calderon recently sent a proposal to the country’s Senate requesting a change in jurisdiction of civilian courts which would require that military troops be subject to prosecution in civilian courts for cases involving rape, torture and forced disappearances.

President Calderon seeks to satisfy Inter-American Court demands with his recent proposal to the countrys Senate. Photo courtesy of CNN.
President Calderon seeks to satisfy Inter-American Court demands with his recent proposal to the country's Senate. Photo courtesy of CNN.

Rights groups argue that the proposal is not sufficient to combat human rights abuses prevalent in the country.  The proposal seeks to not only address abuses, but the lack of transparency in military tribunal proceedings.

An April 2009 report by the Human Rights Watch organization entitled “Uniform Impunity: Mexico’s Misuse of Military Justice to Prosecute Abuses in Counternarcotics and Public Security Operations,” claimed that “Not one of the military investigations into these crimes has led to a conviction for even a single soldier on human rights violations,” further noting that “the only civilian investigation into any of these cases led to the conviction of four soldiers.”

Calderon’s proposed measure would make military officials liable for convictions resulting from prosecutions of alleged rape, torture and forced disappearances in civilian court. With at least 45,000 troops deployed to combat drug trafficking and the growing violence, International Human Rights Groups have expressed concern over Mexico’s failure to prosecute abuses and rights violations alleged by families of innocent bystanders killed during shootouts in the drug war.

In December of 2009, Amnesty International outlined military abuse cases, citing one case in which military officials detained 25 Tijuana police officers suspected of corruption.  The military troops allegedly placed the officer’s feet in water, applying shocks of electricity to their bodies and genitals.

Other civilians such as those in Ciudad Juarez have also complained that they have been the victims of warrantless searches in which troops dispatched to combat the drug trade steal goods and commit extrajudicial killings. Others indicate that the presence of military troops is comforting given the lack of public confidence in police as corruption is found throughout their forces.  Over 29,000 people have lost their lives in drug-related violence since President Calderon took office in December of 2006.

For More Information Please Visit:

LA Times – Mexico Seeks to Require Civilian Trials for Troops 19 October 2010

CNN – Mexican President wants Civilian Trials for Some Military Cases – 19 October 2010

CBS News – Rights Groups Rap Mexico Plan on Military Trials – 20 October 2010

Asylum Seeker Dies During Deportation

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.

Protests Erupt After Activist’s Murder

By R. Renee Yaworsky
Impunity Watch Reporter, South America

Thousands protested in the streets. (Photo courtesy of Buenos Aires Herald)
Thousands protested in the streets. (Photo courtesy of Buenos Aires Herald)

BUENOS AIRES, Argentina—Protests erupted nationwide in Argentina after the killing of a young activist.  Mariano Ferreyra, 23, was shot Wednesday while demonstrating with railway workers who demanded better pay and benefits.  At least two others were injured by gunfire, including a 57-year-old woman who is now suffering from a serious head wound.  The gunman is still unidentified.

President Cristina Fernandez de Kirchner has denied any government involvement in Ferreyra’s murder.  “Violence must be condemned by everybody,” she said at a rally at the Government House.  “We are all responsible.  I don’t want to live in an Argentina where people leave their houses armed with sticks and weapons.  I’m going to defend every demonstration, but not with sticks or guns.”

The President went on to criticize people who “believe that by repressing they show authority,” saying at another rally:  “Some were looking for a new death in Argentina; as they couldn’t achieve it in democracy, these kinds of violent groups appear.”

Opposition groups have denounced the government, accusing it of covering up the “union bureaucracy” they see as being responsible for Ferreyra’s death.

“Murder cannot be the response to a demand from workers,” Hugo Yasky, a union leader, said Thursday.

Although some members of the police force were present at the railway demonstration where Ferreyra died, no officers are currently under investigation.

On Thursday, widespread protests swept across the country as a backlash to Ferreyra’s death.  Protesters blocked roads and interrupted public transportation after a labor federation called a general strike.

Two airline companies in Argentina—LAN and Aerolineas Argentinas– are also protesting Ferreyra’s death.  Unionists from both airlines said they will stop operations from 12:00-2:00pm (for LAN) and 2:00-3:00pm (for Aerolineas Argentinas).  The protests are expected to increase flight delays.

For more information, please see:

Buenos Aires Herald-‘I don’t want to live in an Argentina where people leave their houses with sticks and guns,’ CFK-21October 2010

Latin American Herald Tribune-Union Member’s Killing Spurs General Strike in Argentina-21 October 2010

Momento24-Airline companies protesting because of the death of Mariano Ferreyra-21 October 2010

Monsters and Critics-Protests in Argentina after activist was killed-21 October 2010

1.3 Million Votes Corrupted in Afghan Elections

David L. Chaplin II
Impunity Watch, Asia

In what was a pivotal test for Afghanistan’s inexperienced democracy spell business as usual. Recent evidence of fraud has presented the questionably elected President Karzai with a stained reputation.

Turnout was 40% amid widespread fraud and voter intimidation
Turnout was 40% amid widespread fraud and voter intimidation

After the devastating announcement on Monday that the Afghanistan’s Independent Election Commission released of ballot-box stuffing and bribery have tainted the vote.

Meanwhile, the UN-backed Afghan Electoral Complaints Commission is investigating more than 4,000 formal complaints.

Since then 1.3 million votes of the total of 5.6 million ballots have been cancelled out because of fraud.  That means about 23 percent of the total votes were tossed out, the election commission said Wednesday.

Afghan President Hamid Karzai pledged to cut corruption and increase transparency after he was re-elected in August 2009 election that was later deemed fraudulent by the United Nations and other vote-monitoring organizations.

More than 220 candidates are being investigated for fraud in the election, turnout for which was around 40%.

More than 2,500 candidates stood for 249 seats in the lower house of parliament, the Wolesi Jirga. Sixty-eight seats have been set aside for women.

The current parliament is stacked with former warlords and power brokers, and many of the candidates in September’s election have ties to Afghanistan’s old elite.

Final results are not expected before the end of the month once poll investigators finish their work.

“Turnout is around 5,600,000, the valid vote is 4,265,347, and the invalid vote is around 1, 300, 000,” Fazil Ahmad Manawi, head of the Independent Election Commission (IEC), said on Wednesday.

Deputy chief of election commission, Zekria Barikzai, cautioned that the number of votes thrown out was similar to the votes thrown out in the presidential election which cast Karzai the victor.  “In parliamentary election some of the powerful local people tried to influence the process,” Barikzai said.

Paul Wood, BBC News, said despite the throwing out of 1.3 million votes, there will probably be no rush by the international community to condemn the election.

Ultimately, the poll’s measure of success will be how it affects the stability of the country. There was widespread intimidation during the vote, with Taliban insurgents threatening people not to take part.

Many observers had hoped that the parliamentary elections would show the Afghan government’s commitment to reforming its corrupt bureaucracy.

“These elections will do little to alter Afghanistan’s system of patronage politics, and will certainly not alter the balance of power,” a Western official, speaking on condition of anonymity, said.

The official said the parliamentary poll represented “politics as usual, just as corrupt and just as violent as last year”.

It is an outcome that NATO and the international community can live with and so these elections will no doubt be judged a success, said Wood.

Afghanistan lacks political parties and parliamentary blocs form according to ethnic or geographical alliances.

Despite weak parties, powerful patronage networks, and entrenched corruption, the Wolesi Jirga (lower house of parliament) acts as a check on the power of President Hamid Karzai.

For more information, please see:

Al Jazeera English –Afghan officials cancel 1.3m votes – 20 October 2010

BBC – Afghanistan rules 1.3m paralimentary votes are invalid – 20 October 2010

CNN World – More than 20 percent of vote thrown out in Afghan election – 20 October 2010