Ukraine Brings New Inter-State Application Against Russia

By: Rebecca Buchanan

Impunity Watch Staff Writer

STRASBOURG, France – On February 19, 2021, the Ukrainian Government lodged a new inter-state application with the European Court of Human Rights (ECHR), against the Russian Federation. The application concerns the Ukrainian Government’s allegations of routine state-sponsored assassinations by the Russian Government.

Ukrainian President Volodymyr Zelenskyy (Left) and Russian President Vladimir Putin. Photo Courtesy of Unian.

Inter-state applications allow countries to lodge complaints against one another, and they make up a minority of the cases handled by the ECHR. This is the ninth inter-state application made by Ukraine against Russia. In addition to the newest application, three cases between the two nations are currently pending before the Court.

The first of the three pending cases, Ukraine v. Russia (re Crimea), concerns human rights violations by the Russian Federation in Crimea from February 27, 2014, to August 26, 2015. The application alleges that the Russian Government’s conduct, during that period, violated 12 separate articles of the European Convention on Human Rights, including Article 2’s right to life and Article 3’s prohibition of inhumane treatment and torture. This application was declared partly admissible by the Grand Chamber on January 14, 2021, and a Grand Chamber judgment is expected shortly.

The second pending case, Ukraine and the Netherlands v. Russia, was joined by the Grand Chamber on November 27, 2020, combining three separate inter-state complaints against the Russian Federation. Notably, the joined case addresses the alleged abduction of three groups of Ukrainian children who were temporarily held in Russia from June to August 2014, and the shooting down of Malaysia Airlines flight MH17 over Eastern Ukraine on July 17, 2014.

The third case, Ukraine v. Russia (VIII), concerns the capture of three Ukrainian Naval vessels in the Kerch Strait in November 2018. The Russian Government captured and held 24 Ukrainian sailors without communication with the Ukrainian Government. Ukraine alleges that the sailors were deprived of their liberty, were refused medical care, and were held without authority under International law. This case is currently pending before the First Section of the Court.

The Ukrainian Government’s newest inter-state complaint, registered under application no. 10691/21, alleges that Russian state-sanctioned assassination operations have targeted opponents of the Russian government within Russia and have extended into the territory of other nations. The application indicates complicity by the Russian Government in continuously covering-up and failing to investigate assassination operations. Ukraine alleges that these assassinations, and the Russian Government’s alleged complicity, violate both the procedural and substantive aspects of Article 2 of the European Convention on Human Rights.

February 20, 2021, marked the 7th year anniversary of the outbreak of the Russo-Ukrainian War in the Crimean Peninsula. In addition to the inter-state applications, 7000 individual applications remain before the ECHR regarding Russian conduct in Ukraine. These applications allege various and extensive violations of the European Convention on Human Rights by the Russian Federation and map the increase in hostilities between the two nations. Proceedings regarding the newest inter-state application are pending and the Russian Federation has yet to submit written observations on its own behalf.

For further information, please see:

European Court of Human Rights – ECHR puts questions in new inter-State case brought by Ukraine against Russia – 30 Nov. 2020

European Court of Human Rights – European Court joins three inter-State applications – 04 Dec. 2020

European Court of Human Rights – Grand Chamber decision Ukraine v. Russia (re Crimea) – 14 Jan. 2021

European Court of Human Rights – New inter-state application brought by Ukraine against Russia – 23 Feb. 2021

European Court of Human Rights – Q & A on Inter-State Cases – Jan. 2021

Statecraft – Ukraine Lodges Ninth Complaint Against Russia at ECHR – 24 Feb. 2021

Unian – Zelensky: I think Putin understands Ukraine is big, independent country – 20 Jan. 2020

 

Native American Communities Left in the Dark During COVID-19 Pandemic

By: Elizabeth Maugeri

Impunity Watch Staff Writer

WASHINGTON D.C., United States of America – Since the beginning of the COVID-19 pandemic, Native American communities have been feeling the brunt of the impact. The Trump Administration focused heavily on policies that benefitted larger private companies, leaving inadequate funding for tribal governments. However, under the transition to the Biden Administration, many Native American communities are hopeful.

An IHS hospital. Many, like this one, are located in isolated areas, causing difficulties hiring staff and supporting services. Photo Courtesy of The New York Times.

The Indian Health Service (IHS), the agency that provides hospital and health services to tribal communities, has long been criticized for its failure to provide effective healthcare to Native Americans. The IHS suffers from funding and supplies shortages, which the pandemic has only exasperated.

Native Americans visiting IHS hospitals with COVID-19 symptoms were handed inhalers and received instructions to simply “get rest.” During the commotion between the federal government and the state governments in regard to proper funding and access to supplies, IHS hospitals fell by the wayside. These hospitals lacked suitable staffing and were forced to wait months for life-saving equipment, causing the death rate of Native Americans to soar.

The Navajo Nation has been affected in a higher proportion than other tribes with over five hundred deaths recorded thus far. In the beginning months of the pandemic, positivity rates for IHS patients from the Navajo Nation in Phoenix reached about 20% as compared to a 7% positivity rate nationally during that same time. Although the positivity rate has decreased, it still remains about three times higher than the national average.

The positivity rates for Native Americans in states like Arizona and New Mexico saw heights of up to 30%, even though these communities make up only a small portion of the population.

Many health officials in IHS hospitals even took to social media to beg for personal protective equipment (PPE), hand sanitizer, and other equipment. The hospitals relied on donations as their main source for supplies. Even when the donated equipment did arrive, many of the staff realized that they never received the proper training and that they lacked understanding of how to use the equipment.

Even worse, some of the PPE that Native communities received was inadequate to help protect those using it. In an email to tribal officials, one IHS worker wrote, “we can get you N95s (they’re expired, but the C.D.C. and I.H.S. say that they’re still OK to use).” Many of the IHS health officials were left feeling as though they were the last priority, but they still made use of what they were able to receive.

Native communities have lacked proper healthcare service for years. The U.S. government has failed to provide sufficient funding and services for the healthcare system it helped create for Native Americans. Tribal elders, seen as the most important members of the community, suffered greatly at the hands of their untreated underlying health conditions. Despite this, Native Americans look to President Biden with hopes he will provide their communities with much-needed relief.

For further information, please see:

Centers for Disease Control and Prevention – COVID-19 Mortality Among American Indian and Alaska Native Persons – 14 States, January-June 2020,  11 Dec. 2020

Indian Health Service – Coronavirus (COVID-19) – 28 Feb. 2021

The New York Times – Native Americans ‘Left Out in the Cold’ Under Trump Press Biden for Action – 18 Feb. 2021

The New York Times – Native Americans Reliant on Hospital Feel Abandoned by U.S. During Pandemic – 3 Jan. 2021

The New York Times – Pandemic Highlights Deep-Rooted Problems in Indian Health Service – 3 Jan. 2021

Unaccompanied Migrant Children Continue to be Detained at the U.S. Southern Border

By: Ryan Ockenden

Impunity Watch Staff Writer

CARRIZO SPRINGS, United States of America – Within recent weeks, thousands of unaccompanied migrant children have arrived at the southern border of the United States. President Biden has agreed not to turn back unaccompanied minors in spite of Title 42, the emergency public health law invoked by former President Trump, which authorized turning away the majority of migrants due to COVID-19.

Trailers previously used to house oil workers have been turned into bunks for the unaccompanied migrant minors. Photo Courtesy of Eric Gay and Associated.

Although President Biden promised to take a more humane approach to unauthorized immigration, his administration has re-opened the controversial Carrizo Springs detention center, to house these unaccompanied minors. According to the Trafficking Victims Protection Reauthorization Act, minors cannot be held by border agents at these detention centers for more than 72 hours. After 72 hours, the unaccompanied minors must then be transferred to shelters while the Office of Refugee Resettlement can locate their family members in the United States and arrange for their release to the families. The Biden administration is not following this law. Due to the lag in processing, children are being held for much longer in detention centers like that in Carrizo Springs. Once unaccompanied minors arrive at the shelters, many of them are not being released to their families, despite the families being located, because of the requirement that the minors quarantine for ten days and test negative twice for COVID-19.

In the past, the Inter-American Court and Commission of Human Rights (IACHR) has asserted that detentions at the U.S. southern border must be as brief as possible. Further, the IACHR has stressed that the best interests of a child are the primary consideration in any action taken in relation to the child. COVID-19 has posed a confounding problem for the American government: whether to prioritize public health; or, to get children out of shelters and into their families’ possession as soon as possible.

Many human rights advocates feel that the Biden administration is reverting to the perverse policies under former President Trump. The advocates believe the vulnerable children are being held in unsafe facilities that do not meet their best interest: being sent to safety with their family members in the United States.

In the face of a health crisis, the Biden administration will continue to face two issues: (1) ensuring children are not held for more than 72 hours in Border Patrol custody; and, (2) whether prioritizing public health and quarantine policies over reuniting unaccompanied minors with their families is appropriate. On the first issue, the Biden administration has said that they do not want to keep the facilities open long, but they have no current alternative since they did not inherit a system that manages COVID-19 and the influx of unaccompanied minor migrants. On the second issue, the Biden administration has shown no indication to change their policy, raising questions about whether they are seeking the best interests of the children.

For further information, please see:

Amnesty International – Carrizo Springs detention facility cannot become status quo for children – 23 Feb. 2021

NPR – Biden Pledges That Border Shelter For Teens ‘Won’t Stay Open Very Long’ – 25 Feb. 2021

Pacific Standard – What laws protect detained children from mistreatment on the border? – 24 Jun. 2019

Politico – Biden promised a ‘fair and humane’ immigration overhaul. What he inherited is a mess – 26 Feb. 2021

The New York Times – Thousands of Migrant Children Detained in Resumption of Trump-Era Policies – 26 Feb. 2021

Illegal Pesticides: A Continual Growing Concern in Paraguay

By: Samuel Schimel

Impunity Watch Staff Writer

COLONIA YERUTI, Paraguay – Paraguay made history in a 2019 ruling that held Paraguay responsible for failing to safeguard its citizens from the severe environmental contamination caused by illegal chemicals used on large-scale agribusinesses. These illegal agrochemicals were found to violate the State’s international obligations to protect the rights to life and respect for private and family life and the home.

The seizure of 13,000 pounds of suspected illegal pesticides in January 2020. Photo Courtesy of The Washington Post.

The landmark case, Portillo Cáceres v. Paraguay, was held before the United Nations Human Rights Committee (Committee). This case was brought as a result of toxic chemical pollutants that caused the death of Rubén Portillo Cáceres and a myriad of serious health concerns for other community members. These symptoms included “nausea, dizziness, headaches, fever, stomach pains, vomiting, diarrhea, coughing and skin lesions.” However, the grave of effects of these chemical pollutants did not stop here. Additionally, these chemical pollutants have had devastating effects on the environment including the killing of fruit trees, crops, and farm animals.

In reaching the decision, the Committee showed its support by stating that a right to life also concerns the entitlement of individuals to enjoy a life with dignity. It does not include any acts or omissions that would cause an individual’s unnatural or premature death. Unfortunately, this case did not end the pervasive use of dangerous agrochemicals in Paraguay entirely.

In 2020, the running street value for banned pesticides in Paraguay is more than $2 million. The illegal pesticides and their strength are twice that of pesticides that are legal in Paraguay’s neighboring border country, Brazil. Much of the illegal pesticides prevalent in Brazil end up in Paraguay due to the shared massive, yet largely unmonitored, border. Pesticides are mostly produced in China and then smuggled across the Paraguay border. Roughly 287,000 tonnes of Atrazine and 63,000 tonnes of Syngnta were sold in Brazil in 2018.

Since the last two decades, illegal trafficking of pesticides has quickly heightened into one of the world’s most profitable criminal enterprises deserving of more recognition. The pesticide trade is operated akin to a narcotics trade and is often controlled by rival gangs and mafias. This has led to the introduction of counterfeit and contraband pesticides that are now in heavy circulation in both developed and underdeveloped countries. According to the World Health Organization (WHO) these pesticides carry with them extreme environmental and social consequences. There is an estimate of 3 million people poisoned and 200,000 killed each year due to exposure to these harmful and largely unregulated substances. Their use, researchers find, can poison soil, contaminate water sources and ravage entire ecosystems. These large-scale harms, of course, are supported by illegal and unregulated trade.

While the Paraguayan border is still largely unregulated leading to an influx of agrochemicals, this issue would largely be off the radar of health organizations without the 2019 ruling of Cáceres v. Paraguay. While the issue is still rampant, it is important to note that an individual’s health and safety are still protected from these dangerous agrochemicals under law and health organizations, like the WHO, which continue to advocate for agrochemical trafficking to be better policed. 

For further information, please see:

International Covenant on Civil and Political Rights – Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2751/2016 – 20 Sept. 2019

International Justice Resource Center – UN HUMAN RIGHTS COMMITTEE RECOGNIZES ENVIRONMENTAL HARM AS RIGHTS VIOLATION – 22 Aug. 2019

Monga bay – For European chemical giants, Brazil is an open market for toxic pesticides banned at home – 10 Sept. 2020

The Washington Post – In agricultural giant Brazil, a growing hazard: The illegal trade in pesticides – 9 Feb. 2020

United Nations Human Rights – Paraguay responsible for human rights violations in context of massive agrochemical fumigations – 14 Aug. 2019

Modi Regime Cracks Down on Free Speech Amid Farmers Protesting for Fair Agricultural Laws

By: Hannah Bennink

Impunity Watch Staff Writer

NEW DELHI, India – In the midst of massive protests led by farmers in pursuit of fair agricultural laws, the Indian Government has imposed a crackdown on media outlets providing coverage. Police have filed criminal charges against journalists and activists for covering and sharing information on the protests.

Citizens gather to protest for freedom of speech and expression. Photo Courtesy of BBC and Getty Images.

Among the arrested include editors of two prominent independent news outlets, The Wire and The Caravan, as well as Shashi Tharoor, a very prominent opposition Congress party politician who is charged with “misreporting facts” surrounding the death of the protestor. Other charges include sedition, promoting communal disharmony, and making statements prejudicial to national integration.

This is not the first time the press has targeted India despite the freedom of expression being a constitutionally guaranteed freedom. There have been 405 sedition cases filed against Indian citizens for criticizing politicians and governments in the last decade, an overwhelming majority of those arrests coming after Modi gained power in 2014. In 2020 alone, sixty-seven journalists were arrested and 200 physically attacked. Despite the Indian government’s pride in its vibrant and competitive media, the country ranked 142 on the 180-country World Press Freedom Index in 2020 according to Reporters Without Borders.

The Indian government denies that journalists are being targeted. The National Vice President, Baijayant Panda, told the BBC that “All journalists with avowed political affiliations and evident slant against the government have continued to write and speak freely in newspapers, television and online portals.”  The Vice President alleges that recent arrests of journalists have been in response to “serious criminal allegations of fake news peddling in a riot-like situation, with the intent of fanning violence.”

In addition to the arresting journalists, the Indian government has shut down mobile internet services at protest sights in order to “maintain public safety”. Internet rights groups have condemned the shutdowns, asserting they were “suppressing the free flow of information related to peaceful assembly and the right to protest.” International human rights law requires India to ensure that restrictions on the internet and other forms of communication are part of a necessary and proportionate response to a specific security concern, and not to curtail the flow of information or to harm people’s ability to freely assemble and express political views. The Indian government has been known to block internet access in the past. In 2019, they shut off web access more than one hundred times, along with the longest imposed blanket internet outage in a democracy for five months in Kashmir.

Several internationally known figures have spoken out in support of the farmers and the journalists including Rhianna, Rupi Kaur, Greta Thunberg, and Meena Harris. Despite the international attention, arrests have continued, the most recent being February 13th when 22-year-old climate activist Disha Ravi for being a “key conspirator” in the “formulation and dissemination” of a protest “tool-kit” meant to provide resources to farmers.

For more information, please see:

BBC News – Disha Ravi: India activist arrest decried as ‘attack on democracy’ – 14 Feb. 2021

BBC News – Why journalists in India are under attack – 4 Feb. 2021

Columbia Journalism Review – India cracks down on journalism, again – 5 Feb. 2021

Human Rights Watch – India: Journalists Covering Farmer Protests Charged – 2 Feb. 2021

The Guardian – Indian journalists face criminal charges over police shooting reports – 1 Feb. 2021

The NY Times Modi’s Response to Farmer Protests in India Stirs Fear of a Pattern – 8 Feb. 2021