The European Court of Human Rights’ Judgment Concerning Human Trafficking in Slovakia

By: Emma Bissell

Impunity Watch News Staff Writer

 

Slovakia – The ECHR held that the State of Slovakia violated a woman’s Article 4 rights which protect from slavery and forced labor and required the State to pay 41,000 Euros in damages.

 
The European Court of Human Rights Headquarters, which recently heard B.B. v. Slovakia. Photo Courtesy of the European Court of Human Rights.
  

Applicant B.B., a Slovak national, was initially raised in State care before moving in with a family, for whom she worked as a maid. She eventually was kicked out of the home and found herself homeless. In 2010, it was arranged by an unnamed party, “Y”, for B.B. to go to the United Kingdom with him, work as a prostitute, manage his household all while earning no money. With no other alternative to homelessness, B.B. went willingly. 

Two years later she was taken in by the Salvation Army and returned to Slovakia in 2012 under a program for the support and protection of victims of human trafficking. She was then registered with a state supported charity for human trafficking victims, Charita, until the government ultimately informed the charity that “Y” was charged with pimping instead of human trafficking; the group then had no choice but to release her from their care. 

This misstep did not cease Charita’s efforts to support the applicant as they continued to send information concerning the ordeal in the UK to the Banska Bystrica police. The force noted the human trafficking concerns, but, due to jurisdictional issues, the case was sent to the Humenne police force who treated the conduct as pimping despite investigators from the UK concluding that B.B. had been trafficked. 

In November of 2015, Y was found guilty of pimping and sentenced to one-year in prison, a far shorter sentence than that of a human trafficking conviction. The judgment was appealed to and affirmed by the regional court. In 2017, both the Minister of Justice and B.B. herself launched 3 total complaints each of which were unsuccessful in the Supreme Court. 

The complaints specified that the Slovakian authorities’ failure to treat the offense as one of human trafficking had violated B.B.’s rights under Article 4 of the European Convention on Human Rights. This article, meant to prohibit slavery and forced labor, includes an obligation to carry out an effective investigation into a credible suspicion of human trafficking; the state did not conduct such an investigation. 

Eventually, this case was brought to the European Court of Human Rights in September 2021. The court had two issues to resolve: 

  1. Whether the State was obligated, under Article 4 of the Convention, to carry out an effective investigation into the credible claim of human trafficking. 
  2. Whether the State complied with such an obligation, if it existed. 

The evidence of this case supported the presence of such credible suspicion of human trafficking especially when considering B.B.’s vulnerability and lack of a reasonable alternative. The court held that Article 4 does create an obligation to critically investigate national and transnational trafficking regardless of whether it was a part of an organized scheme or whether it was an independent instance. The court found that the State did not uphold its obligation and thus violated B.B.’s article 4 rights. 

The initial categorization of this conduct as pimping, rather than human trafficking, permitted “Y” to escape liability for violating a fundamental human right. This violation persisted when the State failed to investigate despite sufficient evidence and numerous appeals. The lenient sentencing on this matter undermines deterrence, safety, and effectiveness of both Slovakia’s counter-trafficking efforts and the Convention of Human Rights as a whole. 

Ultimately Slovakia has to pay B.B. 26,000 euros in respect of non-pecuniary damages as well as 15,000 euros with respect to litigation costs and expenses.  

 

For further information, please see: 

ECHR – Judgement in the Case of B.B. v. Slovakia – 24 Oct. 2024

ECHR – Judgment Concerning Slovakia – 24 Oct. 2024

ECHR – Trafficking in Human Beings, Fact Document – 24 Oct. 2024

Equality and Human Rights Commission – Article 4: Freedom from slavery and forced labor – 4 May 2016






ECHR Rules Cyprus Violated the Rights of Syrian Refugees to Claim Asylum

By: Anjali Basdeo 

Impunity Watch News Staff Writer 

STRASBOURG, FRANCE- On October 8, 2024, in the case of M.A and Z.R v. Cyprus, the ECHR ruled that the Cypriot government violated the rights of Syrian refugees seeking asylum in Cyprus.  

 
Photo of refugees on a Cypriot Marine Police boat after being rescued from their own sunken boat off the southeastern coast of Cyprus. Photo courtesy of Petros Karadjias.
 

M.A. and Z.R. are Syrian nationals who fled their home, Idlib, Syria, in January of 2016 for their own safety and to escape civil war. They ended up in Lebanon where they stayed in camps run by the United Nations High Commissioner for Refugees (UNHCR). While at these camps, they allege that there was no access to healthcare or employment opportunities, and they were not entitled to their basic rights. Fearing that they might be sent back to Syria, seeing as Lebanon was sending Syrians back home after the Beirut explosion of 2020, they decided to seek asylum in Cyprus.   

To obtain asylum in Cyprus, M.A. and Z.R. paid smugglers $2,500 each. They had set sail in early September of 2020 on a boat with 30 other refugees. When arriving at the territorial waters of Cyprus, their boat was intercepted by the Cypriot coastguard. They were told that they could not continue their journey, even after M.A. and Z.R. explained their situation. On September 8, after 2 days of being stranded at sea under the control of the Cypriot Marine Police, they were forced onto another boat and sent back to Lebanon where the Lebanese police questioned and detained them before letting them go. As of today, M.A. and Z.R. still live in Lebanon under the UNHCR.  

M.A. and Z.R. brought this suit against the Cypriot court, claiming that their refusal of asylum procedure and forcible departure back to Lebanon violated Article 3, Article 4 of Protocol No.4, and Article 13 of the European Convention on Human Rights.  

The Cypriot government, on the other hand, argued that they returned M.A. and Z.R. back to Lebanon on the basis of a bilateral agreement between Cyprus and Lebanon, which provided for readmission of individuals who entered Cyprus unlawfully. The Cypriot Government contended Lebanon is a safe third country because they (1) have a good relationship with Lebanon and (2) because of the UNHCR and the presence of other UN bodies there to help refugees.  

ECHR RULING 

The ECHR ruled in favor of M.A. and Z.R., stating that the Cypriot government violated Article 3, Article 4 of Protocol No.4, and Article 13 of the Convention by refusing them asylum and forcibly sending them back to Lebanon without reviewing their claims and circumstances. 

Violation Under Article 3 

Article 3 of the Convention conveys that no person shall be subjected to degrading or inhumane treatments. The court stated that it cannot overlook the fact that M.A. and Z.R. were stranded at sea for two days under Cypriot authority just to be forcibly sent back to Lebanon without even having their asylum claims investigated.  

The Court also stated that Cypriot officials should have known of the various shortcomings of the Lebanese asylum system and weighed the consequences of sending M.A. and Z.R. back. There is no evidence that the Cypriot officials assessed the ineffective asylum process or the living conditions of the asylum seekers there before sending them back. Cyprus officials knew or should have known of these conditions, yet they forced M.A. and Z.R. back to persecution without looking into their situation.  

The Cypriot government also argued that they thought Lebanon was a safe third country because of their bilateral agreement with each other and the presence of UN bodies. In response, the Court reiterated that countries should not rely on others for their own refugee obligations. 

Hence, under Article 3, the court ruled that Cyprus failed their refugee obligations and to follow the proper procedures for assessing asylum claims before sending M.A. and Z.R. back to Lebanon.  

Violation Under Article 4 of Protocol No.4 

Article 4 under Protocol No.4 prohibits the collective expulsion of aliens. Exceptions to this article only happen where this collective expulsion is done reasonably after proper examinations of the aliens in the group as individuals. Here, the Cypriot government did not investigate any claims of any of the refugees on the boat and still expelled them back to Lebanon.  

The Court says that the purpose of this article is to prevent States from removing foreign nationals without first examining their circumstances. Here, the Court rules that Cyprus forcibly returning M.A. and Z.R. to Lebanon without investigating their circumstances and asylum claims falls under the definition of collective expulsion and they are thus in violation of Article 4 of Protocol No.4 under the Convention.   

Violation Under Article 13 

Article 13 expresses the right to an effective remedy. In the case present, the Cypriot authorities deprived M.A. and Z.R. of an effective remedy by not examining their claims and forcibly deporting them back to Lebanon. This article was read in conjunction with Article 3 and Article 4 of Protocol No. 4.  

The ECHR has ruled on behalf of Syrian refugees and hold Cyprus liable for not following proper refugee procedure in examining the asylum claims of M.A. and Z.R. and forcibly sending them back to conditions that they were trying to escape.   

There are many stories of Syrian refugees similar to M.A. and Z.R., where they have been refused of asylum procedures by Cypriot authorities and were forced back to Lebanon to face persecution and risk being sent back to Syria. This ruling can change the landscape of refugee rights and bring awareness to the inhumane treatments that the Cypriot government imposes on Syrian refugees seeking asylum.  

 

For further information, please see:  

ECHR- Case of M.A. and Z.R. v. Cyprus – 8 Oct. 2024 

ECHR – European Convention on Human Rights – 1 Aug. 2021 

Human Rights Watch – Lebanon/Cyprus: Refugees Pulled Back, Expelled, Then Forced Back to Syria – 4 Sept. 2024 

 

Inter American Commission on Human Rights Files Case Against Nicaragua for the Murder of Journalist and Calls for the Nation to Cease its Pursuit of Human Rights Activists

By: Emma Bissell

Impunity Watch News Staff Writer

 

Nicaragua – The Inter American Commission of Human Rights concluded the State of Nicaragua liable for the murder of journalist Ángel Gahona López while he was covering a protest and urgently calls for their continued human rights violations to cease.

 
Members of the community honor Ángel Gahona López after he was killed while covering a protest. Photo Courtesy of Noticiero El Meridiano.
  

On July 4th, 2024, The Inter-American Commission on Human Rights (The Commission) filed a case with the Inter American Court of Human Rights (IACHR) against Nicaragua concerning the execution of journalist Ángel Gahona López on April 21, 2018. The Commission concluded that the State of Nicaragua is responsible for violating Lopez’s rights to life and freedom of expression and concluded that the State failed to provide evidence to support the use of force against Lopez given the amplified and intense circumstances.

While covering protests against State violence in April 2018, Lopez was fatally shot. Although he did receive medical assistance from nearby civilians, witnesses reported that state officials present at the scene failed to provide any aid, further indicating that this was motivated by the state itself rather than being a random and unfortunate occurrence. Lopez died just a few hours later. The Merits Report indicated that a state agent was responsible for the murder and also indicated that the murder was linked to Lopez’s work as a journalist reporting on anti-government protests.

The Commission ultimately concluded that the State of Nicaragua violated the American Convention on Human Rights’ articles 4.1, 8.1, 13, and 25. These articles pertain to individuals having the right to an impartial hearing, freedom of thought and expression, to have their life respected, and the right to judicial protection.

Two young men were initially convicted of his murder but were released in 2019 under Law 966, which is also known as the amnesty law. This law was passed by the National Assembly of Nicaragua and intended to provide “broad amnesty” to all people who played a role in events throughout the country from April 18th, 2018, until the law entered force. This essentially applied to political crimes, and otherwise related crimes, which is why the two men were released. The Commission previously denounced this law on the grounds that it would exonerate those who committed grave human rights violations.

After finding the State of Nicaragua at fault, the Commission suggested that the State, in response to an array of human rights violations over the last 10 years, undertake reparations such as providing financial compensation to victims of human rights violations, conducting thorough investigations into matters such as Lopez’s death, and implementing protocols to prevent repetition of these ghastly acts.

The death of Ángel Gahona López was not an isolated incident. The State of Nicaragua has committed a lengthy series of human rights violations over the last several years. In fact, the Commission recently published a statement condemning the State for depriving its citizens of basic human rights and imprisoning many of them in appalling conditions. The Commission is not only calling upon the Nicaraguan government to cease its relentless persecution of human rights defenders but has also called upon the international community to provide support to those suffering at the hands of the government.

Unfortunately, as evidenced by the death of Ángel Gahona López, the plight of journalists in Nicaragua and other Central American countries, as well as internationally, is dire. In 2018 alone, there were 95 journalists killed on the job. Lopez’s death not only added to the number of journalists killed worldwide but is just one more example of the many heinous acts committed by the Nicaraguan government over the last decade.

 

For further information, please see:

IACHR – OAS – American Convention on Human Rights – 22 Nov. 1969

IACHR – OAS – Expresses Concern Over the Passing of Amnesty – 12 June 2019

IACHR – OAS – Files Case with IA Court Over Journalists Death and Ongoing Impunity in Nicaragua – 1 Oct. 2019

IACHR – OAS – Condems Grave Human Rights Violations Against People Deprived of Their Freedom in Nicaragua – 9 Oct. 2024

IFJ – In the Shadow of Violence; Journalists and Media Staff Killed in 2018 – 2019

 

 

 

 

Russia Violates Freedom of Expression in Recent ECHR Case

By: Neha Chhablani

Impunity Watch News Staff Writer

 

STRASBOURG, France – On October 15th, the European Court of Human Rights (ECHR) held that Russia violated the right to Freedom of Expression in the case of Gadzhiyev and Gostev v. Russia. The case concerned two applicants who were dismissed from their jobs after criticizing workplace practices without permission. The ECHR’s ruling challenged Russia’s strict prohibition on public statements issued by State employees.   

While the ECHR ruled on Mr. Gadzhiyev and Mr. Gostev’s cases together, their individual claims were slightly different. Mr. Gadzhiyev served as a police colonel for the Dagestan Ministry of the Interior since 1978. In 2013, after his previous attempts to raise awareness about corruption within regional police forces failed, Mr. Gadzhiyev arranged a meeting with the Federal Minister of Internal Affairs. In anticipation of this meeting, he gave four interviews with media outlets in which he claimed the presence of corruption. On March 1st, 2013, the Minister of the Interior of Dagestan opened an investigation and found that Mr. Gadzhiyev failed to get permission from the Public Relations Department for interviews. Ultimately, he was dismissed from his post because he failed to seek this approval and spoke out negatively against a government agency, which was a violation of domestic law. All national courts ruled against or dismissed Mr. Gadzhiyev’s case on the grounds that he criticized a government agency without concrete facts to support his claims.

 
Photograph of Moscow Metro. Photo Courtesy of David Burdeny.
  

Mr. Gostev was an employee of the Moscow Metro since 1992 and, in 2014, became chairman of the Metro Workers’ trade union. After a series of technical accidents, the trade union organized protests to draw attention to the safety conditions of the metro service. After further issues, Mr. Gostev gave two interviews with media outlets, during which he commented on the safety deficiencies of the metro system. The Moscow Metro Authority issued a reprimand to Mr. Gostev, as all employees were required to publish material through the metro press service and not engage with the press directly. After his second interview was published, the Authority fired Mr. Gostev. National courts rejected Mr. Gostev’s application, stating that he had been informed of the proper procedures for communicating with the press but chose to ignore them. They found that his dismissal was not an infringement of freedom of expression, only a restriction on his exercise of this right.

            Due to their similarity, the ECHR considered Mr. Gostev and Mr. Gadzhiyev’s case at the same time. The court determined that the purpose of their statements was to safeguard the public and they had no malintent. Although the domestic courts ruled a lack of evidence, numerous police officers corroborated Mr. Gadzhiyev’s claims, demonstrating their validity. Furthermore, while domestic courts claimed Mr. Gostev’s statements could have harmed Moscow Metro, they failed to show any evidence of harm.

            Ultimately, the ECHR ruled that the severity of punishment was disproportionate to the crime, given the relevance and legitimacy of Mr. Gostev and Mr. Gadzhiyev’s statements. They ruled that strict enforcement of Russian law prohibiting or discouraging any negative statements made to the public could deter employees, union representatives, and whistleblowers from voicing legitimate concerns.

            While the court held that Russia was to pay 9,950 and 10,500 euros to Mr. Gadzhiyev and Mr. Gostev, respectively, the ruling implied a broader disagreement with Russian law and its application regarding the prohibition of public statements against the State. Ultimately, the ECHR suggests Russia should evaluate the presence of democratic procedures within the State when claiming that interference with freedom of expression is unnecessary in a democratic society.

 

For further information, please see:

European Court of Human Rights – CASE OF GADZHIYEV AND GOSTEV v.

RUSSIA – (15 Oct. 2024)

European Court of Human Rights – European Convention on Human Rights – (20 Oct. 2024)

European Court of Human Rights – Gadzhiyev and Gostev v. Russia Press Release – (15 Oct. 2024)

 

ECHR Holds Turkey Violated Seven Individuals’ Right to Freedom of Expression

By: Sarah Peck

Impunity Watch News Staff Writer

 

STRASBOURG, France – On October 8, 2024, the European Court of Human Rights (ECHR) ruled in four separate cases that Turkey had violated Article 10 of the European Convention for Human Rights, the right to freedom of expression.  According to the ECHR, the Turkish government wrongfully imposed on seven individuals suspended sentences of imprisonment and lengthy probations for comments each had made criticizing the governing bodies of Turkey, including the President and Prime Minister at the time.

 
Photo of a crowd with a Turkish flag on a street. Photo courtesy of Emir Bozkurt.
 

The Convictions

Bayram Yorulmaz, Abuzer Serdar Özlü, Binali Erdoğan, Mihriban Şorli, Tugay Kurnaz, Saide İnaç, and Jinda Açıkgöz were all convicted by Turkish courts of offenses under the Turkish Criminal Code as a result of either verbal or written criticisms of the Turkish Government or its officials. The convictions included:

Bayram Yorulmaz: A public official at the Adana courthouse in Turkey charged with the offense of insulting a public official.

Abuzer Serdar Özlü: A Turkish national convicted of public denigration of the Turkish Nation, the Republic of Turkey, the Grand National Assembly of Turkey, and the judicial bodies of the state for nine publications he had made on his Twitter account in March and April 2016.

Binali Erdoğan: A Turkish national convicted of insulting the President of the Republic via a Facebook post.

Mihriban Şorli: A Turkish national convicted of insulting the President of the Republic via comments she made verbally during an altercation with police officers.

Tugay Kurnaz: A Turkish national convicted of insulting the President of the Republic and overtly insulting a public official via Facebook and Twitter.

Saide İnaç: A German national convicted of insulting the President of the Republic by sharing an article via Facebook post, which stated that the President of the Republic had provoked attacks on the Kurds and caused their massacre.

Jinda Açıkgöz: A Turkish national convicted of insulting the President of the Republic via Facebook posts.

 

The Criticisms

The individuals’ criticisms varied in severity. Some examples include:

Mr. Yorulmaz: “They sneeringly give each other as gifts the paintings of the people they condemned to death… What is this? Effrontery? Insolence? Perversion?”

Mr. Özlü: “You suspended the Constitution and cancelled out the police and the judiciary because of the bribes this man distributed to your Ministers!”

Mr. Erdoğan: “You and your damned presidency, that’s enough!”

Ms. Şorli: “You [your] dishonourable Tayyip (şerefsiz) can’t do anything to me, Tayyip’s soldiers killed my brother in the mountains, I’m going to retaliate.”

 

The Sentences

For each of the convictions, the Turkish Government handed down the following sentences:

Individual

Imprisonment

Probation

Bayram Yorulmaz

Eleven months and twelve days, suspended

Five years

Abuzer Serdar Özlü

Five months, suspended

Five years

Binali Erdoğan

Held for one month in pre-trial detention and sentenced to ten months, suspended

Five years

Mihriban Şorli

Ten months, suspended

Five years

Tugay Kurnaz

One year, two months and seventeen days, suspended

Five years

Saide İnaç

One year, five months and fifteen days, suspended

Five years

Jinda Açıkgöz

One year, two months and seventeen days, suspended

Five years

 

The ECHR’s Ruling

In each of the cases, the Turkish Government argued that the suspension of the prison sentence meant that the individuals had not suffered any obligations or restrictions, and therefore did not have victim status. However, the ECHR determined that despite the suspension of the imprisonment, the criminal convictions amounted to an interference with their exercise of the right to freedom of expression  as the sentences may have had  a deterrent effect. The ECHR further noted that the Turkish national authorities failed to weigh the interests at stake in accordance with the criteria in Turkey’s case law and the interferences were not shown to have been necessary in a democratic society.

Citing Durukan and Birol v. Türkiye, the ECHR explained that Article 231 of Turkey’s Code of Criminal Procedure, which provides for the suspension of pronouncement of judgments entailing convictions, did not offer the required protection against arbitrary infringement by the public authorities of the rights guaranteed by the European Convention for Human Rights.

The ECHR found that the Government of Turkey had violated the right to freedom of expression in each case and ordered Turkey to pay following penalties:

Individual

Non-Pecuniary Damages

Costs & Expenses

Bayram Yorulmaz

2,216 euros (EUR)

EUR 1,500

Abuzer Serdar Özlü

EUR 2,600

EUR 1,000

Binali Erdoğan

EUR 5,000

N/A

Mihriban Şorli

EUR 2,600

N/A

Tugay Kurnaz

EUR 2,600

N/A

Saide İnaç

EUR 2,600

N/A

Jinda Açıkgöz

EUR 2,600

EUR 1,000

 

For further information, please see:

ECHR – Case of Açikgöz v. Türkiye – 8 Oct. 2024

ECHR – Case of Durukan and Birol v. Türkiye – 3 Oct. 2023

ECHR – Case of Erdoğan and Others v. Türkiye – 8 Oct. 2024

ECHR – Case of Özlü v. Türkiye – 8 Oct. 2024

ECHR – Case of Yorulmaz v. Türkiye – 8 Oct. 2024