By Sarah Lafen

Impunity Watch Desk Reporter, Europe

BERLIN, Germany — This past Tuesday, Germany’s highest court unanimously rejected a proposal to ban the far-right neo-Nazi political party.  In 2013, 16 German states submitted a petition to ban the party, citing an alleged racist and anti-Semitic agenda as reasons to support the ban.  The petition also claimed that the group’s views violate Germany’s constitution.

As reason for rejecting the proposal, the court ruled that the party does not pose a serious-enough threat to Germany’s democratic system.  In its verdict, the Federal Constitutional Court explained that they rejected the motion to ban the group as groundless because of a “lack of concrete evidence to make it seem likely that [the party’s] actions will lead to success…”  Per Germany’s constitution, a political party can only be banned if they pose an actual threat to democracy.  Andreas Vosskuhle, president of the presiding court, further explained that in the court’s eyes, a party which “has aims that run contrary to the Constitution is not sufficient grounds for banning a party.”

In September, voters ejected the National Democratic Party (NPD) from the legislature in the last German state in which it held seats.  The party is currently only represented on a local level, which Vosskuhle cites as a reason as to why the party does not have the means to carry out its actions.  “In more than five decades that it has existed, the [NDP] has not been able to achieve lasting representation in a state legislature,” Vosskuhle explained.  He does not see any “indications that this will change in the future.”

The court’s verdict has sparked great outcry.  Ronald Lauder, president of the World Jewish Congress, labeled the ruling as “disappointing” and believes that the ruling “allows the NPD to pursue its destructive, anti-democratic activities and to spread more anti-Semitic and racist hatred.”  The Central Council of Jews in Germany called the verdict “a lost opportunity to take action against an inhumane party.”  Christoph Heubner, Vice President of the International Auschwitz Committee, called the move a “reality-blind and untimely decision” which is going to send a disastrous signal to the rest of Europe.

The court’s verdict marks the second failed attempt of the German government to ban the NPD, as a similar bid was rejected in 2003.

 

For more information, please see:

Fox News — German Court Decides Against Ban of Neo-Nazi Party — 17 January 2017

New York Times — German Court Rejects Effort to Ban Neo-Nazi Party — 17 January 2017

The Times of Israel — German Court Criticized for not Banning Neo-Nazi-Linked Party — 17 January 2017

USA Today — Germany’s Top Court Rejects Bid to Ban Neo-Nazi Party — 17 January 2017

 

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

MOSCOW, Russia — The Duma recently passed a bill which would decriminalize some forms of domestic violence.  The bill, also known as the “slapping law,” would eliminate criminal punishments for first offenses, or attacks that occur only once a year in which a woman or child is not “seriously” injured, and does not require hospital treatment or sick leave from work.

Under the bill, the punishment for domestic violence offenders would be limited to a fine or community service, while subsequent offenses can still be considered criminal.  The bill passed its first reading at the Duma with a nearly-unanimous 368 out of 370 votes in its favor.

Supporters of the bill claim that current domestic violence penalties are “anti-family” and are a “baseless intervention into family affairs.”  The bill was proposed by conservative MP Yelena Mizulina, who is the head of the Duma Committee on Family, Women, and Children’s Affairs.  Mizulina believes that offenders should not be jailed and deemed a criminal “for a slap” or a “scratch.”  According to Mizulina, “battery carried out towards family members should be an administrative offense.”

Those in favor of the bill cite tradition of parental authority as its source.  Mizulina and her fellow supporters believe that because traditional Russian family values are built on the parents’ authority, laws should reflect those values and traditions.

Women’s rights group claim that the bill will leave domestic abuse victims even more vulnerable than they already are.  Olga Yurkova, executive director of Syostri – a recovery center for sexual assault victims – explained to reporters that the proposed “decriminilisation will worsen the situation” of women tolerating domestic violence but not bringing it to public light.

Women’s rights activist Alena Popova has started a petition which demands the Duma pass a completely new law dealing with domestic violence, which has received over 174,000 signatures.  Journalist Olga Bobrova argued that while domestic violence might not leave a physical mark on the victim’s body, such actions still transform “her life into a living hell.”  Bobrova also explained that “domestic violence is a normal way of life” in Russia.

Activists recently handed out stories of abuse victims outside of the Duma to spread word of the cause.

 

For more information, please see:

The Huffington Post — Russia Moves to Decriminalize Several Cases of Domestic Violence — 14 January 2017

CNN — Russia Prepares to Decriminalize Some Domestic Violence — 13 January 2017

BBC — Russia: Anger at Move to Soften Domestic Violence Law — 12 January 2017

Mic — Russia’s Proposal to Decriminalize Domestic Violence Earns a Sweeping Parliamentary Victory — 12 January 2017