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  • Balkan Legal News - 17 May 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 9 May 2024 to 16 May 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Romania - 15 May 2024 People convicted by the Romanian justice system who flee the country will have to pay for their repatriation, according to a law passed on Tuesday in response to the escape of several convicts in recent years; see here. Serbia - 15 May 2024 Dusan Knezevic has been appointed temporary successor to Snezana Stanojkovic – whose mandate expired last year and whose work has been criticised for lack of results; see here. Hungary - 15 May 2024 The Hungarian government pledged political support to Milorad Dodik as it hosted the Bosnian Serb leader in Budapest, saying it would vote against the UN resolution on Srebrenica. But there was no new Hungarian aid announced; see here. Balkans - 14 May 2024 Corruption remains a serious concern for people across the Western Balkans, where trust in politicians is low but support for EU accession high, except in Serbia; see here. Albania/Kosovo - 14 May 2024 The Ministry of the Interior of Albania, the Ministry of the Interior of Kosovo and the Ministry of the Interior of the United Kingdom have signed a Cooperation Declaration during the Ministerial held in Tirana; see here. Bosnia - 14 May 2024 Leaders from Serbia and Bosnia’s Republika Srpska have been campaigning against the adoption of a UN resolution commemorating the Srebrenica genocide; see here. Serbia - 14 May 2024 Serbia applied for EU membership in 2009 and was accepted as a candidate country in 2012, but little progress has been made since then, with the Belgrade government accused of democratic backsliding; see here. Balkans - 13 May 2024 Farmers in Albania, Montenegro and North Macedonia face similar challenges when trying to access funds from the European Union’s IPARD programme; see here. Croatia - 13 May 2024 In the 20th century, many Croatian Jews had property confiscated first by the Fascists and then by the Communists. Decades later, their relations are still fighting for justice; see here. North Macedonia - 9 May 2024 On Wednesday, North Macedonia saw a significant political shift to the nationalist right-wing amidst historic losses for the governing SDSM in presidential and parliamentary contests; see here.

  • International Legal News - 13 May 2024

    The following media round up on international and foreign policy issues from around the world for the period of 7 May to 13 May 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Nepal – 10 May Amnesty International has reported that Nepal's authorities are failing to protect Dalits, particularly women and girls, from systemic caste-based discrimination. The report, "No One Cares": Descent-Based Discrimination against Dalits, reveals that the country's existing legal and protective measures are insufficient and fail to secure their human rights. The caste-based system perpetuates a culture of impunity, with Dalits distrusting the police and justice system. The report also highlights that police often refuse to register cases for crimes of untouchability and gender-based violence, leading to widespread impunity. The report also highlights the lack of thorough, impartial, fair, and timely investigations into suspicious deaths of Dalit victims. Ajit Dhakal Mijar, an 18-year-old Dalit man, has been buried in a morgue in Maharajgunj, Nepal, for eight years. His father, Ajit's father, claims that the police showed wilful negligence in investigating his death and covered up the cause. Amnesty International interviewed Ajit's father and his lawyer, who claim that the police showed allegiance to non-Dalit suspects and covered up the actual cause of his son's death. The case, challenging lower courts' verdicts, is still pending at the Apex Court. https://www.amnesty.org/en/latest/news/2024/05/descent-based-discrimination-against-dalits-in-nepal/ USA/Israel – 10 May Joe Biden has temporarily halted at least one shipment of 3,500 bombs and artillery shells to Israel, stating that the US would not transfer certain weapons if Israel attacked Rafah's densely populated areas. This move is seen as a shift from the unconditional support the US has offered Israel, as it acknowledges that civilians have been killed as a result of the bombings and other attacks. There has been a call for the suspension of arms transfers to Israel and Palestinian armed groups, as weapons could be used to commit grave abuses. Other human rights organisations and UN experts have also called for the suspension of transfers to Israel. The International Court of Justice (ICJ) has considered Nicaragua's legal challenge to bar Germany's military assistance to Israel. Several US Western allies have revised their policies of supplying weapons to Israel, such as Canada, Italy, and Spain, and legal action has effected changes in state policies. Public and legal pressure is making it harder for governments like the UK, Germany, France, and Denmark to continue selling arms to Israel. Biden's shift in tone will add to the pressure, as these countries need to stop sending weapons now. https://www.hrw.org/news/2024/05/10/pause-us-joins-other-states-stopping-arms-transfers-israel Georgia – 9 May Georgia's parliament has introduced a bill requiring certain nongovernmental groups and media outlets to register as "organisations serving the interests of a foreign power," threatening fundamental rights in the country. The bill, which has passed two readings and is scheduled for final adoption on May 13, requires nongovernmental groups and media outlets that receive 20% or more of their annual revenue from a foreign power to register with the Ministry of Justice. If adopted, the bill will impose additional reporting requirements, inspections, and administrative liability, including fines of up to $9,300. The Georgian bill, which would restrict foreign funding to civil society organisations, has sparked widespread protests and police violence. The bill, similar to the US Foreign Agent Registration Act, does not equate receiving foreign funding with being under the direction of a foreign principal. International organisations and Georgia's international partners have criticised the bill, calling for prompt investigations into allegations of ill-treatment and its withdrawal. The draft law is incompatible with legal obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. https://www.hrw.org/news/2024/05/09/georgia-foreign-influence-bill-threatens-rights USA – 9 May Amnesty International has criticised the CBP One mobile application as violating international human rights and refugee law. The CBP One application, which is the sole means of seeking asylum in the US, requires individuals to use the app to schedule appointments at ports of entry. This process adds complexity and obstacles to the already challenging process, making it difficult for some people to access asylum. The application also faces technological barriers, language and literacy limitations, misinformation, and arbitrary appointment allocation. The application's mandatory use of facial recognition and GPS tracking raises concerns about privacy, surveillance, and potential discrimination. This highlights the dire situation faced by asylum seekers waiting in Mexico for CBP One appointments, who are often subjected to extortion, kidnapping, and discrimination. https://www.amnesty.org/en/latest/news/2024/05/cbp-one-mobile-application-violates-the-rights-of-people-seeking-asylum-in-the-united-states/ Sudan – 9 May A recent report highlights the ethnic cleansing campaign by the Rapid Support Forces (RSF) and allied militias in El Geneina, Sudan, from April to November 2023. The attacks killed at least thousands of people and left hundreds as refugees. The report calls for an arms embargo on Sudan, sanctions for those responsible for serious crimes, and a mission to protect civilians. The report also highlights the possibility that the RSF and their allies have the intent to destroy the Massalit in West Darfur, indicating genocide. The Sudanese Armed Forces (SAF), Sudan's military, and the RSF have been involved in violence in El Geneina, Sudan, since April. The RSF and its allied groups attacked the majority Massalit neighbourhoods, targeting unarmed civilians. The violence culminated in a large-scale massacre on June 15, where the RSF and militias opened fire on a convoy of civilians trying to flee. Twelve children and five adults from several families were killed. The RSF and allied militias escalated their abuses again in November, targeting Massalit people in the El Geneina suburb of Ardamata, killing at least 1,000 people. https://www.hrw.org/news/2024/05/09/sudan-ethnic-cleansing-west-darfur Qatar – 9 May FIFA has been called on to publish its review into compensation for workers harmed during the 2022 Men's World Cup in Qatar. The independent review, which FIFA's Council approved in March, recognises FIFA's responsibility to remedy a range of abuses endured by hundreds of thousands of migrant workers while helping Qatar host the 2022 World Cup. It is believed that FIFA should make public the review and respond positively and rapidly to its recommendations. The delay only prolongs the suffering of families who lost loved ones and workers who were abused while delivering FIFA's flagship event. The review reveals that FIFA contributed to over a decade of abuses not remedied by awarding the tournament to Qatar in 2010, without ensuring sufficient safeguards were in place to protect human rights. https://www.amnesty.org/en/latest/news/2024/05/fifa-must-publish-its-review-into-compensation-for-world-cup-workers-in-qatar/ Indonesia – 8 May Indonesia's Ministry of Education has agreed to have the National Press Council mediate all defamation disputes involving student journalists and publications. This move is essential to protect student media. Previously, criminal defamation cases involving student journalists and publications were handled by universities or the police, who were more likely to be swayed by influential local elites pressing cases against student publications. The new agreement, signed on March 18, provides a mechanism that no longer requires these defamation disputes to be referred to the police or public prosecutors. The Indonesian government has been asked to work with the Press Council and set up a mechanism to support and protect student media. Most Indonesian universities have student media outlets, such as magazines, online news sites, or radio stations, which often operate like traditional independent newsrooms. Between 2020 and 2021, the Indonesian Student Press Association recorded 48 university administrators intimidating or shutting down student media outlets among 185 alleged press-related abuses on campuses nationwide. https://www.hrw.org/news/2024/05/08/indonesian-government-acts-protect-student-media Chile – 8 May Chilean Attorney General Angel Valencia is facing pressure for not explaining the delay in the arraignment of Carabineros commanders following the murder of three officers. A letter was sent to him arguing that there had been interference with and multiple attacks on prosecutors Xavier Armendáriz and Ximena Chong, who led the judicial investigation against the High Command of Carabineros de Chile, threatening the investigation and adding insult to injury for the hundreds of victims awaiting justice. The Attorney General's independence is now under scrutiny, forcing the arraignment, initially scheduled for 7 May, to be postponed. The arraignment was postponed just one week before the hearing was set to take place, amidst multiple attempts by senior officers to delay it.  Attorney General Valencia must use his authority to ensure the autonomy and independence of prosecutors, especially when the crimes in question are grave human rights violations allegedly committed by high-ranking state officials. https://www.amnesty.org/en/latest/news/2024/05/amnesty-international-sends-letter-to-chilean-attorney-general-angel-valencia-about-delayed-arraignment-of-carabineros-commanders/ Ghana – 8 May Ghana, a United Nations Human Rights Council member, has been a leader in providing free education to its children. The country began offering tuition-free elementary education for children aged 6 to 12 in 1952, followed by fee-free compulsory primary and middle school compulsory education in 1961. In 2008, Ghana became the first in Sub-Saharan Africa to expand free education to kindergarten, guaranteeing two years of free and compulsory pre-primary education. 2017 President Nana Addo Dankwa Akufo-Addo started the Free Senior High School program to make free education cheaper than an uneducated and unskilled workforce. In pre-primary and secondary school, Ghana has the third-highest enrolment rate in Sub-Saharan Africa. The United Nations Education Organisation recently rated Ghana as one of seven lower-middle-income countries making "fast progress" on upper secondary completion. Expanding free education in Ghana has been challenging, but it is pursued because equal educational opportunities are everyone's right. Updating international law to reflect today's realities, through a treaty explicitly guaranteeing all children free education from pre-primary through secondary school, would accelerate global progress and focus world attention on removing the cost to families. https://www.hrw.org/news/2024/05/08/ghanas-support-new-free-education-treaty-crucial Mali – 8 May Two attacks by the Islamist armed group JNIM and an ethnic militia on Ogota and Ouémbé villages in central Mali in January 2024 have been reported, which violate international humanitarian law and are considered war crimes. The attacks occurred amid recurrent tit-for-tat killings and communal violence in central Mali. The UN High Commissioner for Human Rights, Volker Türk, has called for an impartial investigation and justice for those responsible. The Dozo militia, mainly ethnic Bambara, have been acting as village self-defence forces since 2014, where there have been reports of severe abuses against Fulani civilians and allegations that they have acted as Malian army proxies. The Dozo militia attacked Kalala, killing 13 people and burning at least one home, huts, and 20 sheds. Witnesses claim that the militiamen came with motorbikes, wore distinctive brown hunting clothes and amulets, and carried Kalashnikov-style assault rifles. https://www.hrw.org/news/2024/05/08/mali-islamist-armed-groups-ethnic-militias-commit-atrocities Hong Kong – 8 May Hong Kong's Court of Appeal has been criticised for approving the "Glory to Hong Kong” protest song ban. The ban is a "worrying sign" of shrinking freedoms and violates international human rights law; the government refuses to respect human rights and uphold their obligations. The Hong Kong Court of Appeal overturned a lower court's decision in July 2023, which had rejected the ban due to concerns it would have a chilling effect on freedom of expression. The song's lyrics and melody would also be banned. The government has previously said that people who engage with the music could be prosecuted under the National Anthem Ordinance or charged with "secession" under the National Security Law. The ban would be a powerful deterrent to freely expressing views through reference to "Glory to Hong Kong." https://www.amnesty.org/en/latest/news/2024/05/hong-kong-protest-song-ban-a-worrying-sign-of-shrinking-freedoms/ Vietnam – 8 May Vietnam has been accused of providing false information to the US and other economic partners to secure or maintain preferential trade preferences. The US Department of Commerce held a public hearing about Vietnam's trade status on May 8, 2024, and is considering reclassifying Vietnam under the US Tariff Law as a "market economy." The Vietnam government claims that its labour law standards align with international standards and that workers' wages in Vietnam are determined by free bargaining between labour and management. Vietnam does not allow independent unions to represent workers, and Vietnamese government appointees lead the government-led Vietnam General Confederation of Labour (VGCL). The Vietnamese government has also issued a directive requiring enhanced scrutiny of labour groups, civil society, and foreign organisations in the context of Vietnam's implementation of new trade agreements with other countries and the International Labour Organization. https://www.hrw.org/news/2024/05/08/vietnam-false-claims-labor-rights Trinidad & Tobago/Iraq – 7 May Trinidad and Tobago should urgently bring home Trinidadian children and their mothers imprisoned in Iraq due to their alleged association with the Islamic State (ISIS). Four Trinidadian women and their seven children have been held in Iraq for nearly seven years. On May 2, 2024, Iraqi prison authorities forcibly removed two Trinidadian brothers, aged 13 and 15, from their mother's cell in Rusafa women's prison in Baghdad and transferred them to a cell with other youths. Their mother expressed fear that the two boys would be transferred to another prison. The children, who are not responsible for any crime, should be in school in Trinidad and Tobago, not languishing in an Iraqi prison. The imprisoned women are willing for their children to be returned to Trinidad and Tobago without them but have had no response from the government regarding their or their children's situation. The Iraqi authorities' apparent denial of the children's right to education, possible responsibility for their lack of access to healthcare and adequate food, and recent separation of children from their mothers should galvanise Trinidadian authorities to seek their nationals' repatriation urgently. https://www.hrw.org/news/2024/05/07/trinidad-and-tobago-bring-home-children-women-held-iraq Mexico – 7 May Journalists in Mexico face threats from state actors and organised crime despite injunctions preventing surveillance. Despite obstacles, they remain committed to reporting corruption and violence. Alberto Amaro Jordán, a journalist and owner of Prensa de Tlaxcala, has been enrolled in the federal government's Mechanism for the Protection of Human Rights Defenders and Journalists due to repeated threats he has received. He has faced multiple attacks, including shootings, home invasions, and attacks by a former mayor. The Mechanism has requested cooperation from Tlaxcala authorities, which has increased risks due to criticism of local police commanders. Jordán was arrested in November 2021 for filming extortion by state police officers. He was assigned private bodyguards, which the Federal Protective Service replaced in September 2022. In November 2022, he was targeted by two unusual vehicle assaults. In December 2022, he was threatened by an organised criminal gang. The Mechanism justified the withdrawal of his bodyguards, but the debate sparked controversy. Jordán remains committed to his journalism and the defence of human rights in his state. He calls for justice and protection for journalists in Mexico, emphasising the importance of protecting the truth and a just society. https://www.amnesty.org/en/latest/news/2024/05/promised-protection-journalists-mexico-threatened-state-actors-organized-crime/ Philippines - 7 May The Philippines has seen progress in media murder cases, with arrests in the Jumalon and Lapid cases and a sentence for the gunman responsible for Lapid's murder. However, the arrests do not address the more significant issue of the individuals who masterminded these murders. The Marcos administration needs to do more to protect journalists and ensure an environment where they can do their jobs safely. Harassment and threats to Filipino journalists also come from authorities, with at least one journalist in police detention for over four years. Many journalists have been subjected to government "red tagging," accusing them of being members or sympathisers of the communist insurgency. The Marcos administration should end red-tagging journalists and ensure full investigation and prosecution of harassment and killings. https://www.hrw.org/news/2024/05/07/progress-philippines-media-murder-cases-just-start Guatemala – 7 May There has been another unjustified delay in the trial of former prosecutor Virginia Laparra Rivas. The suspension of the hearing scheduled for 6 May has resulted in a further delay in the start of the criminal trial against Laparra. Laparra has defended herself in this unfounded criminal case for six years despite continuous attacks. Amnesty International has condemned the judicial harassment suffered by the former prosecutor and documented numerous irregularities and violations of her human rights in the two criminal cases against her. The first trial, which did not respect due process guarantees, ended in December 2022 with a four-year prison sentence for the former prosecutor. The second case started in 2018 but was delayed by multiple actions brought by the adhesive plaintiffs. It is believed that Laparra is being persecuted solely for her anti-corruption work and was declared a prisoner of conscience in November 2022. The organisation also claims that Laparra is still a prisoner of conscience as she continues to be held under house arrest as an alternative to prison. https://www.amnesty.org/en/latest/news/2024/05/guatemala-amnesty-international-condemns-another-unjustified-delay-trial-prisoner-conscience-virginia-laparra/ South Africa – 6 May South Africa's general elections are focusing on migration, particularly irregular migration, with harmful rhetoric and threats to foreign nationals. The country's electoral code of conduct prohibits language that provokes violence and requires candidates to speak out against political violence. Candidates are pushing narratives that migration is out of control and blaming undocumented migrants for the country's ills. The government has also been stoking anti-immigration sentiment, with some calling for the mass deportation of illegal immigrants. Despite a five-year National Action Plan to combat xenophobia, racism, and discrimination, sporadic incidents of xenophobic discrimination and violence have continued. The anti-immigrant rhetoric used by politicians during the election campaign risks fuelling more xenophobic violence, jeopardising protections in the South African constitution and international law for foreign nationals and citizens. https://www.hrw.org/news/2024/05/06/south-africa-toxic-rhetoric-endangers-migrants Somalia – 6 May Amnesty International has called for an investigation into two strikes that killed 23 civilians during Somali military operations supported by Turkish drones. The strikes on 18 March 2024 targeted the Jaffey farm in the Lower Shabelle region. The attacks were conducted with MAM-L glide bombs, which are dropped from TB-2 drones manufactured by Turkey. The attacks were conducted following heavy ground fighting between the armed group Al-Shabaab and Somali security forces. The attacks were indiscriminate and may amount to war crimes. The two countries signed a Défense and Economic Cooperation Framework Agreement in February 2024, and Amnesty International has requested details on the 18 March operation. The Jaffey farm strike resulted in the deaths of five families belonging to the Gorgaarte clan and the deaths of Maalim Adan Hussein Hassan Adow, his wife, three children, and two nephews. The Somali government has a history of not providing reparations for civilian casualties of military actions and ignoring violations against marginalised communities, such as the Gorgaarte clan. The conflict between Somalia and Al-Shabaab continues to have a devastating impact on the country's civilian population, with all parties committing severe violations of international humanitarian law. https://www.amnesty.org/en/latest/news/2024/05/somalia-death-of-23-civilians-in-military-strikes-with-turkish-drones-may-amount-to-war-crimes-new-investigation/

  • Balkan Legal News - 10 May 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 2 May 2024 to 9 May 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Kosovo – 8 May 2024 Kosovo officials claimed that the governmental websites had come under attack from Russian hackers because of the country’s support for Ukraine’s self-defence; see here. North Macedonia – 8 May 2024 Voting has started in North Macedonia for the parliamentary election and the second round of the presidential election, which will determine who runs the country for the next four years; see here. Serbia – 8 May 2024 China and Serbia have announced they are implementing a new free trade agreement at the beginning of July, deepening the economic and political ties between Belgrade and its biggest foreign investor; see here. Moldova – 8 May 2024 A court in Moldova acquitted Vlad Filat, the former Prime Minister, on Tuesday, in a criminal case in which he was accused of money laundering; see here. Bosnia – 8 May 2024 A facility was opened at the Srebrenica Memorial Centre to store the remains, personal belongings and clothes of victims of the Srebrenica genocide who haven’t been identified – intended as a place of dignified remembrance; see here. Kosovo – 7 May 2024 The Austrian government wants to enable the transfer of convicted criminals from non-EU countries to serve their sentences in Kosovo; see here. Poland – 7 May 2024 Special services in Poland have discovered and removed bugging devices in a room where cabinet ministers were due to meet; see here. Balkans – 6 May 2024 Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia citizens will enjoy privileged access to the labour market of Germany from June 1, 2024, under the Western Balkans Regulation; see here. Poland – 6 May 2024 The European Commission on Monday started a process to bring a years-long dispute with Poland over the rule of law in the country to a formal end; see here. Moldova – 3 May 2024 Following the example of their Supreme Court colleagues, 17 of 39 judges of the Court of Appeal in Chisinau quit rather than come under the scrutiny of a vetting process; see here. Romania – 2 May 2024 Rosia Montana Gold Corporation (RNGC), controlled by Toronto-listed Gabriel Resources, asked Romania to prolong its license for the Rosia Montana gold mining project by five years and urged the country to issue a license for a similar project (Bucium) required in 2007; see here. Bosnia – 2 May 2024 A draft resolution to establish an international day to commemorate the Srebrenica genocide has been sent to the UN General Assembly for a vote, Bosnia-Herzegovina's permanent representative to the UN said; see here.

  • International Legal News - 7 May 2024

    The following media round up on international and foreign policy issues from around the world for the period of 30 April to 6 May 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Cambodia – 5 May The Cambodian government is coming under fire for its recent human rights abuses, including targeting political opponents and dissidents. The country will appear before the UN Human Rights Council in Geneva for the fourth Universal Periodic Review of Human Rights conditions on May 8, 2024. Since its 2019 review, Cambodia still needs to address the recommendations received, and the human rights situation in the country has worsened significantly. The government has not only failed to implement the recommendations it accepted during its last UN review regarding democratic space, elections, and political freedoms. Still, it has also continued to restrict free speech and media, labour unions and labour rights, and civil society. The government's UN submission claims that legal reforms have improved human rights, but despite this, recent legislative efforts have proven to be tools for repression. https://www.hrw.org/news/2024/05/05/cambodia-un-review-should-assail-loss-freedoms  Russia – 4 May On May 4th, it was the year anniversary of Russian theatre director Yevgenia Berkovich and playwright Svetlana Petriychuk being arrested on bogus charges of publicly "justifying terrorism" and spreading its propaganda over an award-winning play they staged together. They face up to seven years in prison, with the first hearing pushed back to October at the earliest. The case against them was moved to trial in April, but the first hearing has been pushed back to October as soon as possible. Berkovich and Petriychuk were put on the government's list of "terrorists and extremists" earlier this spring, which blocked them from drawing any funds from their bank accounts except 10,000 rubles—just over $90—per month for necessities. Many journalists and commentators suggest that the absurd case against them is in retaliation for Berkovich's bold and compelling condemnation of the war in a series of poems she wrote shortly after the full-scale invasion of Ukraine in 2022. The play “Finist the Bright Falcon” is primarily based on court records from the case of Varvara Karaulova, a 19-year-old philosophy student from Moscow who attempted to leave for Syria in 2015 but was arrested and eventually sentenced to 4.5 years in prison. https://www.hrw.org/news/2024/05/04/it-our-moral-calling-stand-wrongly-imprisoned-russian-playwright-and-director El Salvador – 3 May El Salvador's human rights situation has deteriorated significantly over the past five years, particularly in civil and political rights. The recent amendment of Article 248 of the country's Constitution limits people's right to participate in future constitutional reform processes. Raising concerns about the potential to undermine human rights and restrict public engagement. The ruling party has used its supermajority in the Legislative Assembly to erode the court system's independence, weaken control and accountability mechanisms, and violate due process safeguards. There is a legitimate fear that this amendment could open the door to other amendments that will eat away at El Salvador's legal protections for human rights. The amendment creates a second path for changing the Constitution, allowing a single legislature to amend when three-quarters of the Legislative Assembly favours the change. https://www.amnesty.org/en/latest/news/2024/05/el-salvador-carte-constitution-could-deepen-human-rights-crisis-coming-years/ Columbia – 3 May Artists from Cali and Colombia's Pacific region have collaborated on a song called "Pum! Cayó" to commemorate the 2021 National Strike, which saw the National Police shoot and kill at least three people and commit sexual and gender violence against 28. The song, produced by “We Could Be Music”, is part of Amnesty International's campaign for Colombia’s Repression in the Spotlight and fits within the global Protect the Protest campaign. The song features Afro Legends, El Gioh, Carolina Mosquera, and El Gioh, who were victims of police repression during the protests. It is part of an open petition to urge the Gustavo Petro administration to enact comprehensive police reform. https://www.amnesty.org/en/latest/news/2024/05/pum-cayo-conmemora-musica-victimas-represion-policial-protestas-colombia/ Nigeria – 3 May Nigerian military authorities have completed investigations into an erroneous airstrike in Tundun Biri Community, Kaduna state, which killed 85 people and injured dozens more in December 2023. Two officers have been indicted and will face court martial with the military's disciplinary process. Authorities should answer outstanding questions about the investigation, including the terms of reference, those responsible for conducting the probe, the methodology, and the findings. The army should also disclose measures recommended or implemented to prevent more erroneous airstrikes. Since 2017, over 300 people have been killed in strikes that security forces claimed were intended against bandits or members of the Islamist armed group Boko Haram but instead hit local populations. Human Rights Watch documented the loss, devastation, and trauma resulting from the December airstrike and a prior erroneous airstrike by the Air Force in January 2023, which killed 39 people. https://www.hrw.org/news/2024/05/03/nigerian-military-should-provide-details-investigation-deadly-airstrike Bahrain – 3 May Bahrain's human rights activist, Ali Husain al-Hajee, is facing further prosecution for protesting a travel ban. After serving a 10-year sentence for peaceful protests, al-Hajee was released in June 2023 but re-arrested on spurious charges five months later. The government imposed a travel ban on him pending payment of outstanding debts. The government refused to lift the ban despite obtaining a court document confirming he had cleared his debt charges. Al-Hajee was directed to various departments and ministries to remove the prohibition without success. The new charges against him prove Bahrain maintains its zero tolerance for dissent. He has posted bail and awaits the first hearing in his latest case. Bahrain's authorities consider his silence and obedience to arbitrary rights restrictions as the price of his release from prison. His trial starts on 5 May. https://www.amnesty.org/en/latest/news/2024/05/bahrain-human-rights-activist-faces-trial-in-further-prosecution-for-protesting-travel-ban/ Niger – 3 May Niger is facing a crisis as transitional authorities intimidate and arrest journalists reporting on the country's conflict and security-related issues. Since the 26 July 2023 coup, press freedom has been curtailed, leading to journalists self-censoring amid fear of intimidation and reprisals. Nigerien authorities face pressure to unconditionally release journalists arrested and detained for exercising their right to freedom of expression or dealing with sensitive information of public interest. On 24 April 2024, the editor of the L'Enquêteur newspaper, Soumana Maiga, was arrested after his paper published a story about the alleged installation of listening equipment by Russian agents on official state buildings. If convicted, he faces up to 10 years in prison. Ousmane Toudou, journalist and former communications advisor to the ousted president, was also arrested. The BBC international radio correspondent Tchima Illa Issoufou was threatened and accused of trying to "destabilise Niger" by reporting on the security situation in the Tillabéri region. In January 2024, the Maison de la Presse, an association that brings together several private and public media organisations in Niger, was suspended by the transitional authorities. https://www.amnesty.org/en/latest/news/2024/05/niger-press-freedom-in-jeopardy-as-journalists-working-on-conflict-intimidated-and-arrested/ Afghanistan – 3 May The Islamic State of Khorasan Province (ISKP) has been targeting Shia-Hazara mosques and schools in Afghanistan since 2015, causing widespread violence and destruction. The group has carried out a bloody campaign targeting these communities, with recent attacks resulting in the deaths of six people and multiple injuries. Between 2015 and mid-2021, ISKP attacks killed and injured over 2,000 civilians, primarily in Kabul, Jalalabad, and Kandahar. Since the Taliban took over Afghanistan in August 2021, these attacks have continued, killing and injuring over 700. The Taliban has long battled the ISKP, which has also targeted Taliban personnel. A suicide bombing outside a Kandahar bank on March 21 killed at least 21 people and injured 50, many of them Taliban ministry employees. Attacks on Hazara and other religious minorities violate international humanitarian law, which still applies in Afghanistan. Deliberate attacks on civilians are war crimes, causing lasting damage to physical and mental health, long-term economic hardship, and new barriers to education and public life. Taliban authorities have not taken adequate measures to protect Hazaras and other communities at risk, despite their responsibility for ensuring the safety of all Afghan citizens. https://www.hrw.org/news/2024/05/03/attacks-target-afghanistans-hazaras Lebanon – 3 May Lebanon's authorities have used criminal defamation laws to harass and intimidate journalists and critics who report on corruption allegations. The General Directorate of the Internal Security Forces (ISF) revealed that the Cybercrimes Bureau investigated 1,684 insult and defamation cases between January 2019 and March 2024. The investigations decreased in 2021 and 2022 but rose again in 2023 to 321 cases, including 35 insult complaints. The ISF also confirmed that they ask individuals to remove contentious content or sign non-repetition pledges "under judicial oversight," undermining due process and the right to freedom of expression. There is now pressure on the Lebanese parliament to repeal laws criminalising insult and defamation and adopt a media law that meets international human rights standards. The country's defamation provisions, which carry criminal penalties of up to three years in prison, fail to meet international human rights standards and unduly restrict the right to freedom of expression. https://www.amnesty.org/en/latest/news/2024/05/lebanon-end-use-of-defamation-laws-to-target-journalists-and-critics/ France/China – 3 May French President Emmanuel Macron is being asked to address the Chinese government's crimes against humanity and deepening repression during President Xi Jinping's visit to Paris. Macron should clarify to Xi that Beijing's crimes against humanity have consequences for China's relations with France. The Chinese government is accused of committing crimes against humanity, including mass detention, forced labour, and cultural persecution against Uyghurs and other Turkic Muslims in Xinjiang, adopting draconian legislation that has erased Hong Kong's freedoms, and intensified repression of government critics across the country. In March 2021, European Union governments agreed to adopt targeted sanctions against a handful of Chinese officials and entities deemed responsible for the crackdown in Xinjiang. However, China immediately retaliated with countersanctions, cooling bilateral relations and suspending a bilateral trade deal. Macron should change course and publicly raise human rights concerns during Xi's visit, urging Xi to end crimes against humanity in Xinjiang, release hundreds of thousands of Uyghurs, end Chinese government oppression in Tibet, revoke two draconian national security laws imposed on Hong Kong, and press the Chinese government to end its relentless repression of peaceful activists. https://www.hrw.org/news/2024/05/03/france-macron-should-stand-firm-rights-china Eastern & Southern Africa – 3 May There is an ongoing crackdown on journalists in East and Southern Africa, highlighting the severe restrictions imposed on the right to freedom of expression and media, with widespread intimidation, harassment, and detention of journalists in the region as authorities continue to target and brutally crack down on those who dare to report corruption allegations and human rights violations. There has been documentation of increased intentional disruption of internet connectivity and the enactment of strict cyber security laws aimed at silencing the media and controlling information dissemination. National security laws, such as counterterrorism and cybersecurity legislation, have been used to undermine the right to freedom of expression, punish journalists, and suppress media freedom. https://www.amnesty.org/en/latest/news/2024/05/media-freedom-under-threat/ Tajikistan – 2 May Tajik authorities are facing pressure to confirm the detention and whereabouts of opposition activist Sukhrob Zafar, who disappeared in Turkey in March 2024. Zafar, a senior figure in Group 24, forcibly disappeared in Turkey despite holding official UNHCR asylum seeker status there. The Tajik State Committee on National Security is apparently keeping him in Dushanbe, torturing him periodically and denying him medical assistance. International Human Rights groups have called for Zafar to receive his full due process rights, including contact with his family, access to a lawyer of his choosing, and necessary medical treatment. The Tajik government has been cracking down on the group and its members, imprisoning scores at home and driving large numbers into exile. The European Court of Human Rights has warned that any extra-judicial transfer or extraordinary rendition is an absolute negation of the rule of law and the values protected by the Convention. https://www.hrw.org/news/2024/05/02/tajikistan-forcibly-disappeared-opponent-allegedly-tortured Kenya – 2 May Kenyan authorities have not adequately responded to flash floods resulting from heavy rains, leaving at least 170 people dead, displacing over 200,000, destroying property, infrastructure, and livelihoods, and exacerbating socioeconomic vulnerabilities. The government has a human rights obligation to prevent harm from climate change and extreme weather events and to protect people when a disaster strikes. The country has identified flooding as a risk and has a national disaster management unit. However, the government has failed to implement a timely national response plan, and opposition leaders and clergy have called on the government to declare a national disaster and hold those responsible for inaction accountable. https://www.hrw.org/news/2024/05/02/kenya-floods-threaten-marginalized-people Iraq – 2 May Kurdistan Region of Iraq (KR-I) authorities are under pressure to end their assault on press freedom, including arbitrary detention, beating, and unfair trials of journalists. The region's authorities have called themselves a "beacon of press freedom." This is a ludicrous claim given their crackdown on press freedom and the harassment, intimidation, and prosecution of journalists, particularly those who have reported on corruption and criticised authorities' handling of social issues. In 2023, the Metro Center recorded 37 arrests of journalists and 27 incidents of journalists facing attacks, threats, and insults. In the first three months of 2024, Amnesty International's documentation revealed that the KR-I authorities detained or summoned at least ten journalists about their journalism work. The authorities have created a culture of fear engineered to stifle peaceful dissent and perpetuate impunity. https://www.amnesty.org/en/latest/news/2024/05/iraq-authorities-in-the-kurdistan-region-of-iraq-must-immediately-end-their-assault-on-press-freedom/ Nepal – 2 May Nepal's Finance Minister Barshaman Pun has the opportunity to extend the country's Child Grant program, which aims to advance Nepali children's economic and social rights. The Child Grant, also known as the Child Nutrition Grant, is a proven success story in Nepal. It involves monthly payments to families with children under five in 25 of 77 districts and all Dalit children under five across the country. Successive governments must follow through on commitments to roll it out nationwide. Nepal's Minister for Women, Children and Senior Citizens, Bhagawati Chaudhary, announced this week that the government intends to extend the program to all districts and that the grant amount should be increased. Studies underscore the transformative impact of the Child Grant, including increased birth registration rates, improved access to food and clothes, and a lower likelihood of child labour for recipients and their siblings. Nepal's Constitution guarantees social and economic rights, including the right to social security for all children, and the Children's Act of 2018 provides further guarantees. https://www.hrw.org/news/2024/05/02/nepals-opportunity-protect-children-new-budget Thailand – 1 May The Thai government are facing pressure to bring to justice officials responsible for the deaths and injuries of ethnic Malay Muslim protesters in the Tak Bai district in 2004. Lawyers representing the victims and their families filed criminal charges against nine former officials in charge of the violent crackdown on protesters in the southern province of Narathiwat two decades ago. Under Thai law, the 20-year statute of limitations will end in October 2024, preventing legal action after that time. The victims and their families filed criminal lawsuits directly with the Narathiwat provincial court, with a preliminary examination scheduled for June 24. Prime Minister Srettha Thavisin should publicly signal his support for efforts to ensure accountability for the Tak Bai massacre. https://www.hrw.org/news/2024/05/01/thailand-last-ditch-effort-tak-bai-massacre-justice Indonesia – 1 May Indonesia's Constitutional Court has revoked three false news and defamation clauses from the country's 1946 criminal code to protect human rights. The code's vague definition of "fake news" could be used to punish legitimate criticism of the government. The ruling was sought by activists Haris Azhar and Fatia Maulidiyanti, along with the Indonesian Legal Aid Foundation and the Alliance of Independent Journalists, after facing criminal defamation charges brought by Luhut Binsar Pandjaitan, a minister in President Joko Widodo's cabinet. A Jakarta court acquitted the activists in January 2024. Indonesia has dozens of criminal defamation laws that could undermine the right to free expression, including those recently passed as part of the 2022 criminal code and the 2023 Internet and Electronic Transaction Law. The 2022 criminal code, slated to come into force and replace the 1946 criminal code in January 2026, threatens fundamental freedoms and makes promoting news vaguely "uncertain," "exaggerated," or "incomplete" a criminal offence punishable by up to two years in prison. https://www.hrw.org/news/2024/05/01/indonesia-court-ruling-boon-free-expression Bangladesh – 1 May Garment workers in Bangladesh face a climate of fear and repression as corporate impunity for human rights abuses remains unchecked. The Rana Plaza collapse and Tazreen Fashions factory fires highlight the human cost of systemic lack of regulation and the need for improved occupational health and safety. Compensation cases filed against state authorities and factory owners have not been resolved in the last eleven years. Most workers still fight for decent wages in an industry that brings the most revenue to Bangladesh. There is an emphasis on the need for rights-based compensation and justice for occupational injuries. The lack of justice and the use of unlawful force against protesting garment workers have led to financial implications. Police case files from Bangladesh have been reviewed following wage protests, revealing unlawful force used against garment workers. The police dispersed workers by firing shots, tear gas, and sound grenades, resulting in injuries to six officers. Workers were ignored, threatened, sacked, and arrested when protesting. Despite global reforms, occupational safety remains non-existent for many workers. Bangladesh must also ratify and comply with International Labour Organization conventions on occupational health and safety and minimum relief standards for victims of occupational injuries and deaths. https://www.amnesty.org/en/latest/news/2024/05/bangladesh-garment-workers-must-receive-rights-based-compensation-and-justice-immediately/ Azerbaijan – 30 April Azerbaijani authorities have arrested prominent human rights defender Anar Mammadli, who is the Head of the Election Monitoring and Democracy Studies Centre and co-founder of the Climate of Justice Initiative in Azerbaijan. The government is facing pressure to end the intimidation campaign against civil society and the cynical detention of critics ahead of the COP29 meeting in Baku in November. Mammadli's arrest follows a pattern of abuse of the criminal justice system to silence government critics, including illegal searches, denying access to lawyers, torture, and ill-treatment in detention. He is officially suspected of "smuggling by prior conspiracy by a group of persons" under Article 206.3.2 of the Criminal Code of Azerbaijan. Mammadli was recognised as a Prisoner of Conscience by Amnesty International in 2014 for tax evasion, illegal entrepreneurship, and abuse of office. He was pardoned in 2016 but has since faced repeated attacks from authorities and pro-government media, intensifying in the lead-up to COP29. https://www.amnesty.org/en/latest/news/2024/04/azerbaijan-human-rights-and-climate-justice-advocate-arrested-ahead-of-cop29/ Saudi Arabia – 30 April Saudi Arabia has sentenced fitness instructor and women's rights activist Manahel al-Otaibi to 11 years in prison for her online expression supporting women's rights. The decision contradicts the Saudi government's narrative of reform and women's empowerment. Al-Otaibi was found guilty of absurd "terrorist offences" under articles 43 and 44 of the kingdom's draconian Counter-Terrorism Law. The Saudi authorities have subjected her to a relentless catalogue of abuses, from unlawful detention for supporting women's rights to enforced disappearance for over five months. The 2022 Personal Status Law, which was supposed to be a significant reform, serves to codify rather than abolish many restrictive elements of the system, including matters of marriage, divorce, child custody, and inheritance. Al-Otaibi's sentencing comes amid an intensified crackdown on free speech in Saudi Arabia, including online expression. The Saudi government's response to the UN states that her case remained "under consideration before the courts". https://www.amnesty.org/en/latest/news/2024/04/saudi-arabia-woman-jailed-for-11-years-for-online-expression-supporting-womens-rights/ Central Africa Republic (CAR) – 30 April Amnesty International has called for the arrest of former President François Bozizé for crimes against humanity. The Special Criminal Court (SCC) in the Central African Republic has issued an arrest warrant against Bozizé, who is currently living in Guinea Bissau. The SCC, a hybrid court established in 2018, comprises Central African and non-Central African judges and personnel. Its mandate is to investigate and prosecute those responsible for the numerous crimes committed in the country. The SCC has issued at least 25 arrest warrants, but the suspects are still at large. Amnesty International urges Guinea Bissau, where Bozizé currently resides, to arrest him immediately and transfer him to CAR authorities, who must bring him before the SCC. The SCC has been criticised for its challenges and calls for increased support and transparency. https://www.amnesty.org/en/latest/news/2024/04/car-former-president-francois-bozize-must-face-trial-for-crimes-against-humanity/ Slovakia – 30 April Slovakia has approved a bill that would label civil society organisations receiving over 5,000 Euros a year in foreign funding as "organisations with foreign support." The bill is seen as a "full-frontal assault on civil society" and a "near carbon copy" of Hungary's draconian NGO law. It would force organisations receiving more than €5,000 a year from foreign sources to label themselves "foreign-funded organisations" (FFOs). NGOs would be obligated to disclose the identity and nationality of all donors, contributors, and creditors whose donations, contributions, or loans exceed €5,000 a year in an annual report. NGOs with a yearly income of more than €50,000 would have to submit an annual report to the Ministry of the Interior, which could fine and dissolve NGOs if they fail to comply with reporting and FFO labelling obligations. In 2017, Hungary passed a similar law on foreign-funded NGOs. It was repealed in 2021 following a formal notice from the European Union and after the EU Court of Justice struck it down, saying that such restrictions violated EU law. The right of groups to seek, receive, and utilise resources from national, foreign, and international sources is protected under various treaties that Slovakia is a state party to, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights. https://www.amnesty.org/en/latest/news/2024/04/slovakia-anti-ngo-law-a-full-frontal-assault-on-civil-society/ Germany – 30 April Germany is failing to protect Muslims effectively and people perceived to be Muslims from racism due to gaps in responses, a lack of understanding, and a lack of data. There is an absence of a working definition of anti-Muslim racism, as well as a lack of official data on incidents and investment in institutional support for victims. By the end of September 2023, the government's preliminary hate crime statistics had counted 686 "anti-Islamic" crimes, surpassing the 610 recorded for all of 2022. German civil society groups have warned of a rise in anti-Muslim incidents since October, following the outbreak of hostilities in Israel-Palestine. The German government has yet to develop an infrastructure for countrywide monitoring and data collection based on clear indicators that would equip authorities with the necessary knowledge and tools to tackle the problem. Since 2017, the German government's hate crime system has classified hate incidents against Muslims and people perceived to be Muslims under the rubric of "anti-Islamic" motives. A government-commissioned three-year study published in June 2023 recognised that anti-Muslim sentiments are widespread in Germany, recommending that the German government should no longer dissociate anti-Muslim hate from racism but recognise their connection. Anti-Muslim violence in Germany is neither a new phenomenon nor has it grown in a vacuum. The European Commission Against Racism and Intolerance (ECRI) stressed the need for independent monitoring structures and robust capacity-building by authorities to combat anti-Muslim racism and strengthen recognition and recording of such incidents. https://www.hrw.org/news/2024/04/30/germany-falling-short-curbing-anti-muslim-racism Turkey – 30 April Turkish authorities are facing pressure to lift a ban on a planned May Day solidarity demonstration in Istanbul's Taksim Square, citing a recent ruling by Turkey’s Constitutional Court. The ban, which dates back to 2013, has been based on security and public order grounds and goes against the recent Constitutional Court decision. The ban on May Day rallies in Taksim Square dates back to 2013 when police violently prevented trade unions and their supporters from gathering. In October 2023, Turkey’s Constitutional Court ruled that the right to peaceful assembly of DİSK during the May Day celebrations in Taksim in 2014 and 2015 had been violated by law enforcement official’s bans and forceful dispersals of protesters. The Turkish authorities must fulfil their duty to enable peaceful assemblies and take all necessary steps to protect participants' enjoyment of their rights. The 2023 Constitutional Court ruled that preventing May Day celebrations at Taksim Square violated the constitutional right to organise public meetings and demonstrations, as safeguarded by Article 34 of the Constitution. https://www.amnesty.org/en/latest/news/2024/04/turkiye-unlawful-ban-on-may-day-celebrations-in-istanbul-must-be-lifted/

  • Balkan Legal News - 3 May 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 25 April 2024 to 2 May 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Balkans - 2 May 2024 Civil society groups are pushing for all women in Europe to have access to abortion, regardless of where they live, in a petition that could be considered by the EU executive if it wins enough support; see here. Balkans - 2 May 2024 Conservative MP Alicia Kearns has sounded the alarm over the security situation in the Western Balkans in Parliament, cautioning that the region could become a stage for a potential “third global, major conflict” alongside Ukraine and Gaza if preventative action is not taken; see here Balkans - 2 May 2024 Balkan traffickers have mastered the logistics of smuggling cocaine from South America to Europe, authorities say. On land and sea, police are scrambling to keep pace; see here. Balkans - 1 May 2024 Could a cascade of ECT withdrawals drive new path to net-zero and shift in investment arbitration? Investors are bringing a rising number of energy arbitration claims against states, driven by the pace of transition to renewables and the increase in environmental, social and governance (ESG) and climate-related regulations; see here. North Macedonia - 1 May 2024 Comment - North Macedonia will hold parliamentary elections on Wednesday, May 8. The elections take place amid political tensions within the country, increased disillusionment with democratic reforms, and aspirations of European Union membership.  This piece examines North Macedonia’s challenging relationship with itself and others; see here. Montenegro - 30 April 2024 Dusko Knezevic, once a close ally of former President Milo Djukanovic, was extradited to Montenegro to face charges of involvement in corrupt financial deals; see here. Serbia - 30 April 2024 Serbian Prime Minister-designate Milos Vucevic named two pro-Russian, US-sanctioned politicians as members of his new cabinet, which will also include a far-right party leader; see here. Romania - 29 April 2024 Police arrested the fugitive Prince Paul-Philippe of Romania, who has been trying to evade a jail sentence for corrupt activities in his home country, at a resort in Malta; see here Kosovo - 28 April 2024 Prime Minister of Kosovo Albin Kurti said that in May he will legalize same-sex unions and work to meet the rights and needs of minority ethnic communities, including the Serbian minority; see here. Kosovo - 26 April 2024 The head of the Kosovo government’s Missing Persons Commission said the EU’s foreign policy chief hasn’t replied to concerns about last year’s declaration with Serbia on finding missing persons from the 1998-99 war, which isn’t being implemented yet; see here.

  • International Legal News - 29 April 2024

    The following media round up on international and foreign policy issues from around the world for the period of 23 April to 29 April 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Australia – 25 April The Australian government has been called on to include vetting provisions in all bilateral security force cooperation agreements, particularly with Fiji. Otherwise, the Australian military might support, train, or appoint anyone credibly accused of committing severe human rights or humanitarian law violations unintentionally. The proposed agreement with Fiji should include a vetting clause, setting an important precedent for future bilateral military contracts. Human rights vetting provisions would require the Australian Defence Force to check that any person they work with from a foreign military has not been credibly accused of severe human rights violations. https://www.hrw.org/news/2024/04/26/australia-rights-vetting-crucial-defence-cooperation Saudi Arabia - 25 April FIFA's four-year global partnership with “Saudi Aramco”, a state-owned fossil fuel company, has raised human rights concerns. Saudi Arabia has invested billions in sports worldwide, with the Saudi government and its Public Investment Fund owning over 98% of the company. The 2026 men's World Cup will be held in the USA, Canada, and Mexico, while the 2027 women's tournament location has yet to be determined. The irony of Saudi Arabian state-owned companies sponsoring the Women's World Cup is palpable. Women like Salma al-Shehab and Manahel al-Otaibi remain imprisoned for peacefully advocating for gender equality. Human rights violations could plague world football unless urgent action is taken to address the country's atrocious human rights record. Binding agreements are needed to protect people from exploitation, discrimination, and repression before finalising any deal on hosting the tournament. The company's annual profit last year was the largest ever made by a company; income from Aramco should not be used to finance human rights abuses or cover them up through sports washing. https://www.amnesty.org/en/latest/news/2024/04/global-fifa-sponsorship-deal-with-saudi-aramco-covering-world-cups-raises-human-rights-concerns/ USA – 25 April Rights groups are outraged over President Biden's expansion of the Immigration and Customs Enforcement (ICE) detention system, which has been criticised for its cruel and unnecessary nature. The NGOs argue that the administration's decision to increase ICE detention funding is a betrayal of campaign promises and a wasteful and abusive system. ICE's detention facilities have been open for over two years despite reports of ineffectiveness and the need for a different approach. The FY2024 spending bill signed by Biden provides ICE $3.4 billion to jail an average of 41,500 immigrants per day, surpassing all four years of the Trump administration. The ICE system is riddled with abuse and impunity, with insufficient standards, inadequate medical care, homophobic and transphobic harassment, lack of basic sanitation, and high rates of violence against black immigrants. The NGOs urge Biden to consider the legacy his administration intends to leave on immigration policy and encourage him to reverse course on increasing ICE detention. https://www.hrw.org/news/2024/04/25/rights-groups-oppose-president-bidens-expansion-ice-detention Lesotho - 25 April Concern has been expressed over the harassment, intimidation, and threats against journalist and proprietor Phafane Nkotsi, the proprietor of Lesotho Tribune and Lesotho Times. Human Rights Organisations have called for authorities to stop these threats and ensure the safety and security of Nkotsi and his family. The threats were made about the recent publication of allegations of corruption at the Public Officers Defined Contribution Fund (PDP). Nkotsi has been targeted with his work as a journalist and proprietor of Lesotho Times, with Mergence Investment Managers and Cadient Partners Lesotho allegedly infringing on the Pension Fund since 2011. An urgent application was filed with the High Court of Lesotho to prohibit the Lesotho Tribune from publishing further articles in the series, which the court later dismissed. https://www.amnesty.org/en/latest/news/2024/04/lesotho-authorities-must-stop-threats-against-lesotho-tribunes-journalists-and-proprietor/ Lebanon – 25 April Lebanon has been facing a surge in repression of Syrians, with authorities arbitrarily detaining, torturing, and forcibly returning them to Syria, including opposition activists and army defectors. Human Rights Watch documented the forcible return of a Syrian army defector and an opposition activist between January and March 2024. The Lebanese military's intelligence unit also briefly held and allegedly tortured a Syrian man who participated in a solidarity protest for women in Gaza. The UN High Commissioner for Refugees (UNHCR) reported 13,772 individuals deported from Lebanon or pushed back at the border with the Syrian Arab Republic in approximately 300 incidents in 2023. The situation is further exacerbated by officials' scapegoating of the refugee population. Lebanon's General Security Directorate deported Syrian inmate al-Waer in March, causing four other inmates to attempt suicide. The deportation also led to the hanging of two brothers in Roumieh prison. Al-Atr, a Syrian opposition activist, was detained in January despite a separate military court decision that ordered his release on bail and barred him from leaving the country. Al-Atr's family denies involvement in armed hostilities. The Lebanese Army has detained al-Waer and al-Atr in 2015 and 2016, respectively. Human Rights Watch has reported that the army deported thousands of Syrians to Syria in 2023, violating Lebanese law and Lebanon's international human rights obligations. https://www.hrw.org/news/2024/04/25/lebanon-stepped-repression-syrians Global – 25 April The Loss and Damage Fund Board, which will hold its first meeting from 30 April to 2 May in Abu Dhabi, which faces greater restrictions on civil society participation than other bodies under the United Nations Framework Convention on Climate Change, such as the Green Climate Fund. The fund was agreed to operationalise at COP28 last year, but more financing is required, especially from states with the most significant responsibility for greenhouse gas emissions. A complete, fast, fair, and funded fossil fuel phase-out is necessary to limit future loss and damage from global warming. Concerns have been expressed about the restrictions imposed on civil society participation at the first board meeting of the Loss and Damage Fund, emphasising the importance of enhancing and welcoming civil society participation, not severely limiting its involvement, to reflect the views of diverse and marginalised communities whose rights are most affected by the climate crisis. It is hoped that the Loss and Damage Fund Board will conduct its activities transparently, inclusively, and accountably, ensuring all stakeholders are adequately represented at board meetings, including virtual participation, if required. Its proceedings should also be live-streamed. https://www.amnesty.org/en/latest/news/2024/04/global-loss-and-damage-fund-for-climate-change-must-not-restrict-the-role-of-civil-society/ Burkina Faso – 25 April It is suspected that Burkina Faso's military executed at least 223 civilians, including 56 children, in two villages on February 25, 2024. These mass killings are among the worst abuses in Burkina Faso since 2015 and may amount to crimes against humanity. The killings are part of a widespread military campaign against civilians accused of collaborating with Islamist armed groups. Burkinabè authorities are facing pressure to urgently undertake a thorough investigation, with support from the African Union and the United Nations, to protect its independence and impartiality. The conflict between the Al-Qaeda-linked Group for the Support of Islam and Muslims (JNIM) and the Islamic State in the Greater Sahara (ISGS) has led to mass atrocities against civilians and government security forces. The Burkinabé government must exercise criminal jurisdiction over those who commit grave international crimes. The conflict has forced two million people from their homes, leading to the shutdown of over 6,100 schools since 2021. Severe abuses by the Burkinabè army have been documented during counterterrorism operations, including summary executions, enforced disappearances, and indiscriminate drone strikes. Survivors of the Nondin and Soro massacres have reported symptoms of post-traumatic stress disorder and depression, calling for adequate reparations, compensation, livelihood support, and long-term medical and psychological healthcare. They also demand justice and accountability for the perpetrators, but the widespread nature of military abuse and entrenched impunity leaves them with little hope. https://www.hrw.org/news/2024/04/25/burkina-faso-army-massacres-223-villagers Iran – 24 April Iran's Revolutionary Court has issued a death sentence to famous rapper Toumaj Salehi on speech-related charges. Salehi, 33, was arrested in October 2022 amid protests following the death of Kurdish-Iranian woman Mahsa Jina Amini. The authorities charged him with "corruption on earth," a vague charge that can carry the death penalty. In November 2023, Iran's Supreme Court struck down Salehi's six-year sentence, referred the case back to the court of first instance, and released him on bail. Salehi was rearrested 12 days later. Since the crackdown against protests, Iran's judicial authorities have increased the use of vaguely defined national security charges against protesters that carry the death penalty, including for destroying public property. As of April 2024, the government has executed eight who were convicted in connection to the protests, with the Supreme Court overturning another 11 death penalty convictions. https://www.hrw.org/news/2024/04/24/iran-popular-rapper-sentenced-death-dissent Gaza - 24 April The International Court of Justice has issued provisional measures to prevent the destruction of mass graves in Gaza, including granting immediate access to independent human rights investigators. The discovery of hundreds of bodies at Al Nasser Hospital in Khan Younes and the al-Shifa medical compound in Gaza City has highlighted the urgent need for access to forensic experts to preserve evidence and carry out independent and transparent investigations. The lack of access has hampered effective investigations into the full scale of human rights violations and crimes committed over the past six months. Mass grave sites are potential crime scenes offering vital and time-sensitive forensic evidence. Without proper investigations, the truth of the horrors behind these mass graves may never be discovered. The absence of forensic experts and the decimation of Gaza's medical sector due to the war and Israel's blockade are considerable obstacles to the identification of remains. https://www.amnesty.org/en/latest/news/2024/04/gaza-discovery-of-mass-graves-highlights-urgent-need-to-grant-access-to-independent-human-rights-investigators/ Dominica – 24 April The Dominica High Court has decriminalised consensual same-sex relations, making Dominica the fourth Eastern Caribbean country to do so. The ruling, published on April 22, ruled that the Sexual Offences Act in Dominica violated the country's Constitution, specifically the right to liberty, freedom of expression, and protection of personal privacy. The ruling follows efforts by local and regional civil society groups to challenge anti-LGBT legislation in the Eastern Caribbean, led by the Eastern Caribbean Alliance for Diversity and Equality. The ruling follows the Anglophone Caribbean's 2016 ruling that laws criminalising same-sex intimacy were unconstitutional, followed by Trinidad and Tobago's High Court in 2018. However, five Caribbean countries still have versions of "buggery" and "indecency" laws, making them outliers in the Western Hemisphere. The criminalisation of same-sex conduct violates international standards, including the right to be protected against arbitrary and unlawful interference with one's private and family life and reputation or dignity. https://www.hrw.org/news/2024/04/24/dominica-high-court-decriminalizes-same-sex-conduct Japan – 24 April Japan's Diet is revising the law that allows transgender people to change their legal gender, which was declared unconstitutional by the Supreme Court last October. The country's legal gender recognition law has been debated, with proposals such as a lengthy waiting period and compulsory hormone treatment. The World Professional Association of Transgender Health (WPATH) has urged lawmakers to reject medical requirements in legal gender change procedures, stating that hormone therapy is an integral part of some transgender people's health care but not desired or necessary for others. Since 2004, transgender people in Japan have had to appeal to a family court for legal gender change, which has created significant barriers and violated Japan's human rights commitments. Diet members are facing pressure to draft a law removing the five criteria for changing legal gender and replacing them with a simple administrative, legal gender recognition process based on self-declaration that respects the rights of transgender individuals. This would align Japan with other countries, including Germany, which recently enacted a new law. https://www.hrw.org/news/2024/04/24/japans-transgender-law-revisions-should-be-grounded-autonomy Iraq - 24 April Iraqi authorities must halt all executions following the execution of at least 13 men on 22 April in Nasiriyah Central Prison. There is concern that more people may have been executed in secret due to a lack of transparency regarding executions in Iraq in recent months. Security sources had previously confirmed the execution of 13 men on 25 December 2023, the first recorded mass execution since November 2020. Amnesty International has documented flaws in Iraq's judicial processes that deny prisoners a fair trial, including torture-tainted confessions as evidence and failure to investigate allegations of torture. The organisation has also documented grave concerns regarding the overcrowded and inhumane conditions of detention in Nasiriyah Central Prison, as well as claims of torture and other ill-treatment. https://www.amnesty.org/en/latest/news/2024/04/iraq-at-least-13-people-executed-amid-alarming-lack-of-transparency/ EU – 24 April The European Parliament has approved a legal proposal requiring large companies to prevent human rights and environmental abuses in their global supply chains and remedy them if broken. The EU Corporate Sustainability Due Diligence Directive (CSDDD) aims to introduce legal obligations for large corporations to conduct human rights and environmental due diligence in their global supply chains. The vote was made on the 11th anniversary of the Rana Plaza building collapse in Bangladesh, which killed 1,138 garment workers and injured over 2,000 others. It empowers regulators to act against companies failing to conduct due diligence and allows victims of corporate abuses to approach European courts to seek justice. Human Rights groups, trade unions, and businesses have long called for binding legislation to hold corporations accountable for abuses in their global supply chains. The legislative process, which began in 2020, has been protracted and complex, with the governments of France, Italy, and Germany limiting the scope of the legislation. The law now needs final approval by EU ministers, with the EU ministerial vote expected in late May. https://www.hrw.org/news/2024/04/24/eu-parliament-approves-supply-chain-law UK/Rwanda – 23 April The UK's Safety of Rwanda Bill, which passed its final stages in parliament, is set to become law. The bill aims to declare Rwanda safe for asylum seekers despite the UK Supreme Court's November 2023 ruling and evidence to the contrary. The law requires UK courts and civil servants to "conclusively" treat Rwanda as safe while limiting access to appeals and remedies. Prime Minister Rishi Sunak announced that flights will take off in 10 to 12 weeks and reserved 2,200 detention spaces in the UK. UN experts have warned airlines and aviation authorities that removing asylum seekers from the UK to Rwanda could make them complicit in violating human rights and court orders. Legal challenges are expected against individual removals and the law itself. https://www.hrw.org/news/2024/04/23/uks-harmful-rwanda-bill-become-law African Union – 23 April Adama Dieng has been appointed as the first African Union (AU) special envoy for the prevention of genocide and other mass atrocities. According to AU Commission Chairperson Moussa Faki Mahamat, Dieng will drive the organisation's agenda to "combat the ideology of hate and genocide on the continent.” Dieng has held several positions within the United Nations human rights and justice system, including as a registrar of the International Criminal Tribunal for Rwanda (ICTR) and a UN-designated expert on Human Rights in Sudan. From 2012 to 2020, he was the UN special adviser on the prevention of genocide, with a mandate to raise the alarm over situations likely to spiral into genocide and mobilise UN Security Council action to prevent such atrocities. Dieng's appointment comes at a time when Africa is witnessing spates of terrible mass atrocities and serious crimes. The appointment of Dieng's regional mandate could be a timely boost to existing international mechanisms on atrocities prevention if it indicates a genuine AU political willingness to end mass abuse and uphold accountability standards. https://www.hrw.org/news/2024/04/23/can-new-african-union-genocide-envoy-curb-atrocities-africa Kazakhstan – 23 April Kazakhstan's new law, known as Kazakhstan's "domestic violence" law, aims to strengthen protections for women and children from violence, including domestic violence survivors. However, it fails to explicitly make domestic violence a stand-alone offence in the criminal code or elsewhere. More reforms have been called for to ensure women and children are protected from family abuse by international human rights standards. The law introduces amendments to Kazakhstan's Criminal Code, the Law on the Prevention of Domestic Violence, and the Law on Marriage and Family. However, it lacks a separate definition of offences when they occur within family or household relations, a missed opportunity to ensure that other types of violence within the family are adequately investigated and prosecuted. https://www.hrw.org/news/2024/04/23/kazakhstan-new-law-protect-women-improved-incomplete Angola – 23 April Angola's parliament is facing pressure to significantly revise or withdraw a proposed national security law that fails to meet international human rights standards. The draft National Security Law passed a first vote in parliament on January 25, 2024, and is expected to be submitted to parliament for final approval. The current draft law would permit excessive government control over private institutions, including media organisations, and undermine the rights to freedom of the press, expression, and association. The first draft of the law contains provisions contrary to the rights to freedom of expression and the press set out in the International Covenant on Civil and Political Rights and other international and regional human rights treaties. The Angolan constitution protects these rights. The bill poses a long-term threat to Angola's democracy. The Angolan government has a history of enacting repressive legislation, and the lack of provisions for judicial oversight in the proposed national security law opens the door for the Angolan government to prosecute and criminally charge media and civil society groups arbitrarily. https://www.hrw.org/news/2024/04/23/angola-proposed-security-law-threatens-rights

  • Balkan Legal News - 26 April 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 18 April 2024 to 25 April 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Kosovo - 25 April 2024 After a marathon legal process, former Kosovo Liberation Army commander and ex-diplomat Sylejman Selimi and another ex-guerrilla were cleared of one of the war crimes charges against them; see here. North Macedonia - 25 April 2024 Gordana Siljanovska-Davkova, the candidate of the right-wing opposition VMRO DPMNE party, soundly beat ruling party-backed incumbent Stevo Pendarovski in the first round of North Macedonia’s presidential elections; see here. Bosnia - 25 April 2024 Former Bosnian Serb Army officer Mile Ujic was cleared of commanding troops who persecuted Bosniak civilians during an attack on a village in the Rogatica area in 1992 see here. Serbia - 24 April 2024 A Serbian court sentenced seven former Yugoslav Army soldiers to a total of 56 years in prison for committing war crimes during attacks on Kosovo villages in 1999 that left 118 ethnic Albanians dead; see here. Balkans - 24 April 2024 As a number of Western Balkan countries join the global trend toward authoritarianism, human rights are suffering, the latest Amnesty International report warns.; see here. North Macedonia - 23 April 2024 Journalists are accusing North Macedonia’s ruling party and opposition of banding together to restrict press freedom ahead of an election in the Balkan country; see here. Albania - 23 April 2024 A government proposal to extend the abortion time limit by two weeks and allow surrogacy was criticised by an opposition MP who called the practice a form of modern slavery for poor women; see here. Bosnia - 22 April 2024 Following evidence obtained via the Sky and Anom apps, 22 people were arrested in an organised crime swoop in three Bosnian cities, including high-ranking police officials; see here. Croatia - 19 April 2024 Croatia’s top court has ruled that President Zoran Milanovic, who had campaigned to become prime minister before this week’s parliamentary elections, may not head the new government; see here.

  • s. 45 Modern Slavery Act 2015 defence: CPS discontinue proceedings

    Charges were brought against the then 21 year-old male Defendant in 2022 for possession of an offensive weapon and possession of cannabis. After the Defendant’s referral under the National Referral Mechanism and a positive Reasonable Grounds Decision from the Single Competent Authority, the Defendant ultimately pleaded not guilty to both charges in December 2023, represented by Isabella Kirwan. The defence raised was Section 45 of the Modern Slavery Act 2015. Despite a positive Conclusive Grounds decision in February 2024, and representations on the lack of public interest in the continued prosecution of the case by Isabella Kirwan to the CPS in light of the SCA’s findings, and expert evidence supporting this conclusion, the CPS indicated they would continue with the prosecution. Anna Rubbi advised on the application of the CPS’ 4-stage test for cases invoking a modern slavery defence, the CPS guidance on Modern Slavery, and the Code for Crown Prosecutors which, in conjunction, require the Crown to provide reasons when they decide to maintain a prosecution despite evidence of modern slavery from the SCA, as there was in this case. While the prosecutor might not be bound by the findings of the SCA, they are obliged to take them into account and the CPS “would need to have clear reasons which are consistent with the definition of trafficking contained in the Palermo Protocol and the Anti-Trafficking Convention for disagreeing with it”: VCL and AN v United Kingdom (2021) 73 E.H.R.R. 9 (CPS Modern Slavery and human trafficking offences and defences policy 2020 as amended, 26 Jan 2024) Having not received a reasoned decision for the CPS continuing the prosecution – in spite of judicial direction – Muin Boase made an application for a stay, invoking the court’s residual abuse of process jurisdiction, relying on R v AAD [2022] EWCA Crim 106. The CPS did not respond to the application in time, and before it could be decided, the CPS discontinued the matter. Comment The case serves a reminder that practitioners must be alive to the issue of modern slavery, and the statutory defence. It further underlines the need for CPS to closely abide by the Code for Crown for Prosecutors, and its own Guidance regarding Modern Slavery. The abuse of process jurisdiction in instances where the CPS has failed to abide by its own guidance should be at the forefront of practitioners’ minds, conscious of the ruling in R v AAD [2022] EWCA Crim 106: 125. We have to say, however, that we are, with respect, rather puzzled by some of the observations in [42] of the judgment. We wholly agree with the proposition that if there is a sound evidential basis for the CPS to depart from a conclusive grounds decision, it will not be an abuse of process for the case to be tried. Indeed so. What we find altogether more difficult is the following proposition that "if there is not, it will still not be an abuse of process but the judge will consider any submission that there is no case to answer." But there is no necessary logical connection between an application to stay on the basis of limb two abuse and a submission of no case to answer. Indeed, the application for a stay is essentially on the basis that it is unfair and oppressive for the defendant to be prosecuted and tried at all. 126. Moreover, this dictum does not seem fully to reflect the preceding statement (cited above) in [41] of the judgment in DS to the effect that if CPS guidance is properly applied the CPS will comply with its legal obligations. The implied corollary surely then must be that if the CPS guidance in a VOT case is not properly applied it will not comply with its legal obligations. And if that is indeed the scenario, legal redress, in the form of an opportunity at least to make an application for a stay, should be available: which a Crown Court judge can then appraise by way of review on public law grounds. Moreover, so to conclude does not in any way involve a Crown Court judge entering into the arena of making improperly decisions of fact or usurping the functions of CPS and jury.

  • International Legal News - 22 April 2024

    The following media round up on international and foreign policy issues from around the world for the period of 16 April to 22 April 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Jordan – 19 April Jordanian authorities are on the verge of deporting a 24-year-old Syrian communications student who faces a significant risk of persecution if forcibly returned to Syria. Atia Mohamad Abu Salem, a 24-year-old Syrian student, and a Jordanian friend were arrested on April 9, 2024, while filming a demonstration in solidarity with Palestinians in Gaza. Abu Salem and his family members, known for their opposition to President Bashar al-Assad's rule in Syria, have been registered as asylum seekers with the United Nations High Commissioner for Refugees (UNHCR) since 2013. Jordanian authorities later ordered Abu Salem's deportation without a court order or realistic ability to challenge the order. https://www.hrw.org/news/2024/04/19/jordan-syrian-student-faces-imminent-deportation Gambia – 19 April Gambia's National Assembly is considering a bill to reverse a 2015 ban on female genital mutilation (FGM), which is regarded as a significant threat to women's rights. The country is among the top 10 countries with high levels of FGM, and if the bill is adopted, it would become the first to overturn an FGM ban. FGM involves the removal of female external genitalia for non-medical reasons, has severe physical, psychological, and emotional consequences and is a serious public health issue. The UN reports that over 230 million girls and women worldwide have survived FGM, and the Gambia Demographic and Health Survey data shows a slight decrease in FGM cases. https://www.hrw.org/news/2024/04/19/gambia-bill-threatens-female-genital-mutilation-ban Sudan – 18 April Civilians in El Fasher, Sudan, are facing a surge in large-scale fighting following a prolonged truce between the two warring parties. Several villages near the city have been burned to the ground, and people in a camp for internally displaced people have been killed by shelling and clashes. The conflict has led to an increase in civilian casualties, with many killed and injured in attacks by the Rapid Support Forces (RSF) and Arab militias on non-Arab villages west of El Fasher. The UN High Commissioner for Human Rights has warned of catastrophic levels of malnutrition among children in the city and further fighting risks cutting off already malnourished displaced people from critical care. https://www.hrw.org/news/2024/04/18/civilians-risk-large-scale-fighting-looms-darfur Armenia – 18 April Armenia's parliament has adopted amendments to strengthen its domestic violence law, addressing gaps in protection and accountability measures. The amendments remove the reference to "family harmony" and include additional acts of physical, sexual, psychological, and economic violence that can be considered domestic violence. It criminalises stalking as a standalone crime and includes partners and former partners as aggravating factors. The amendments also specify that causing a child to witness domestic violence is tantamount to an act of violence. The amendments also set a minimum period for urgent intervention measures and extend the period for protective orders. It also specifies that survivors have priority access to free healthcare services, and shelters must be accessible to people with disabilities. Armenia has yet to ratify the Council of Europe's convention on preventing domestic violence, the Istanbul Convention. https://www.hrw.org/news/2024/04/18/armenia-strengthens-domestic-violence-law Peru – 18 April The Inter-American Court of Human Rights has found the Peruvian government responsible for violating the right to a healthy environment in La Oroya, a town exposed to toxic pollution from a mine and smelter complex. The town is so polluted that 99.9% of children under six years old have high lead levels in their blood. This led to the deaths of two residents, one of whom was 17 years old. The affected families did not receive adequate health care, and the government failed to investigate harassment and threats against victims who had publicly denounced the contamination. The court ordered Peru to provide free health care for victims, pay compensation for harm, assess and clean up contaminated areas, and continue to monitor air, ground, and water quality. https://www.hrw.org/news/2024/04/18/landmark-court-ruling-upholds-right-healthy-environment Germany/China – 18 April German Chancellor Olaf Scholz's trip to China has been seen as a wasted opportunity, as he did not publicly mention human rights during his visit. The Chinese government's human rights record has become increasingly repressive since Xi Jinping took power in 2013. Scholz spoke with Xi, campaigned for freer trade for German industries, and sought Chinese support on critical foreign policy issues. He assured journalists that he had addressed "all the difficult issues" but did not once mention "human rights." The German China Strategy, which recognises China as a security threat and geopolitical competitor, broadened Sino-German relations from their traditional focus on improving market access for German industries to a more multifaceted one. Instead of steering Sino-German relations on a new course consistent with its strategy by publicly promoting respect for human rights, it is felt that Scholz defaulted to the well-worn path that would not further Germany's long-term interests nor the fundamental human rights of the people in China. https://www.hrw.org/news/2024/04/18/german-chancellors-trip-china-wasted-opportunity Syria – 17 April Over 56,000 people in northeast Syria are facing systematic violations and deaths due to inhumane conditions, including torture methods. The autonomous authorities, the principal partner of the US government and other coalition members who defeated IS are thought to be responsible for the large-scale violation of their rights. Tens of thousands of people remain arbitrarily and indefinitely detained, with many subjected to torture. The US government has apparently played a central role in the creation and maintenance of this system, which has failed to deliver justice and accountability for the victims and survivors of IS crimes. The Syrian Democratic Forces (SDF) in Iraq are detaining men and boys in Panorama, a facility managed by a US-led coalition. The number of boys in detention facilities is expanding, with Syrian boys being arrested for perceived IS affiliation. As of December 2023, over 46,600 people, primarily children and women, are held in Al-Hol and Roj detention camps. https://www.amnesty.org/en/latest/news/2024/04/syria-mass-death-torture-and-other-violations-against-people-detained-in-aftermath-of-islamic-state-defeat-new-report/ Israel/Palestine – 17 April Israeli settlers are accused of having displaced people from 20 West Bank communities and uprooted at least seven since October 7, 2023. The settlers have assaulted, tortured, and committed sexual violence against Palestinians, stolen their belongings and livestock, threatened to kill them if they did not leave permanently, and destroyed their homes and schools under the cover of ongoing hostilities in Gaza. Many Palestinians, including entire communities, have fled. The UN has recorded more than 700 settler attacks between October 7 and April 3, with soldiers in uniform present in nearly half of the attacks. Israeli police have jurisdiction over settlers and the army over Palestinians in the occupied West Bank. The majority of Palestinian complaints against settlers and the Israeli military do not result in indictments. https://www.hrw.org/news/2024/04/17/west-bank-israel-responsible-rising-settler-violence Venezuela - 16 April There has been International condemnation of the intensification of Maduro's government's repression policy in Venezuela, focusing on arbitrary arrests of human rights defenders and opposition activists, as well as proposed laws that violate human rights. There has been a spike in arbitrary detentions, enforced disappearances, misuse of criminal law, violations of due process and fair trial guarantees, stigmatising campaigns, and possible acts of torture against people perceived as critical of Maduro's government. The government has also been pushing forward repressive legislative bills to persecute civil society organisations and political dissidents with harsh punishments like prison sentences. https://www.amnesty.org/en/latest/news/2024/04/venezuela-civil-society-dissident-voices-face-incessant-escalation-persecution/ Italy - 16 April Amnesty International has called for an imminent court decision on the Iuventa Crew in the final preliminary hearing of the Iuventa Trial. The crew of the Iuventa saved 14,000 lives, including children, but they have been dragged through Italian courts for years. The Prosecutor has recognised that charges against the Iuventa ship's crew members and other crews should be dropped. The work of the Iuventa crew and others carrying out search and rescue at sea should never be criminalised. It is high time to end the prosecution of members of the Iuventa crew, as well as other human rights defenders who have served on rescue ships operated by Médecins Sans Frontières and Save the Children, as well as legal action and against the NGOs themselves. The last session of the preliminary hearing is expected to take place on 19 April in Trapani. https://www.amnesty.org/en/latest/news/2024/04/italy-imminent-court-decision-on-iuventa-crew-in-final-preliminary-hearing/ Georgia - 16 April Georgian authorities have tried to impose repressive legislation on the country's civil society, the proposed bill "On transparency of foreign influence" directly threatens freedom of association and expression. Countries across the post-Soviet region have considered similar legislation modelled on Russia's infamous "foreign agents" legislation. The Georgian government's Legal Committee endorsed the bill on 15 April 2024, which is currently being considered in the first reading. The bill compels civil society organisations with foreign funding to register as "organisations carrying out in the interests of a foreign power." The bill has been criticised for potentially undermining Georgia's EU accession ambitions by targeting civil society organisations and independent media, delegitimising their work, and restricting their parliamentary access. https://www.amnesty.org/en/latest/news/2024/04/georgia-stop-the-bill-on-transparency-of-foreign-influence-that-threatens-civil-society/ Uganda/Tanzania – 16 April The East African Crude Oil Pipeline (EACOP), one of the most significant and controversial fossil fuel projects under development, is causing considerable damage to local communities and contributing to climate change. The pipeline, stretching from oil fields in western Uganda to the port of Tanga in eastern Tanzania, will increase greenhouse gas emissions and harm local communities. The initial land acquisition process has devastated thousands of people's livelihoods in Uganda, causing food insecurity and household debt. Civil society groups in Uganda and Tanzania have called for the pipeline not to be built, citing climate, environmental, and social risks. Insurance companies are enabling these projects by providing insurance despite new oil projects being inconsistent with limiting global warming to 1.5 degrees Celsius and avoiding the worst consequences of climate change. https://www.hrw.org/news/2024/04/16/insurance-firms-should-shun-east-african-crude-oil-pipeline Guatemala - 16 April Amnesty International has demanded a public hearing for Claudia González, a human rights defender and lawyer, in Guatemala. Ana Piquer, Amnesty International's Americas Director, emphasised the importance of holding public hearings to ensure the impartiality and independence of the judicial process, the right to freedom of expression, and to maintain society's confidence in the justice system. In March, the tenth trial court ordered González to stand trial for the crime of abuse of authority related to her work at the International Commission Against Impunity (CICIG). Amnesty International has observed that Guatemalan authorities have illegitimately restricted public access to hearings in wrongful criminal proceedings against justice workers and human rights defenders, including González and Virginia Laparra. These restrictions do not have the strict justifications required for the right to a fair trial. https://www.amnesty.org/en/latest/news/2024/04/guatemala-amnesty-international-demands-public-hearing-claudia-gonzalez/

  • Balkan Legal News - 19 April 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 11 April 2024 to 18 April 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Turkey - 18 April 2024 Turkish Minister of Environment, Urbanization and Climate Change Mehmet Özhaseki announced the preparation of a new climate law to combat global warming and climate change. Özhaseki stated that the law would include measures to reduce reckless irrigation and carbon emissions; see here. Serbia - 18 April 2024 Serbia has not explained why Dejan Jankovic was arrested on Wednesday, but Kosovo claimed Belgrade was taking revenge for the vote for Kosovo to join the Council of Europe; see here. Croatia - 17 April 2024 The ruling HDZ party has won the most seats in Croatia’s election, according to almost complete official results, but faces tough talks to secure a majority in parliament and form a governing coalition; see here. Kosovo - 17 April 2024 The lawyer for former Kosovo Liberation Army member Pjeter Shala asked the Hague court to acquit his client, claiming the charges of arbitrary detention, mistreatment, torture and murder of prisoners at the Kukes Metal Factory in Albania have not been proven; see here. Kosovo - 17 April 2024 The Parliamentary Assembly of the Council of Europe (PACE) has recommended that Kosovo be invited to become a member of the Council of Europe – while deciding to monitor its fulfilment of an extensive list of commitments and obligations as from its accession; see here. Kosovo - 15 April 2024 At the Kosovo Specialist Chambers, the prosecution demanded a 28-year prison sentence for Pjeter Shala for the arbitrary detention, mistreatment, torture and murder of prisoners held at the Kukes Metal Factory in Albania, in May-June 1999; see here. Montenegro - 15 April 2024 The Prosecutor's Office accuses former top police official Zoran Lazovic of creating a criminal organisation that former Chief Special Prosecutor Milivoje Katnic joined; see here. Montenegro - 15 April 2024 Reflecting tougher attitudes towards femicide, a court in Montenegro has handed Ilir Djokaj the maximum sentence of 40 years in jail for shooting dead his former partner; see here; see here. Romania - 12 April 2023 After failing to meet the 2-per-cent GDP threshold for several years, Romania has allocated a record budget for the defence sector for 2024, reaffirming its commitment to NATO; see here.

  • Reuters Exclusively Covers Ukrainian Universal Jurisdiction Torture Complaint in Argentina

    In an exclusive, Reuters has uncovered the first ever criminal complaint filed in Argentina under the principle of universal jurisdiction regarding alleged torture committed against a Ukrainian national by Russian armed forces in Ukraine. In the complaint, seen by Reuters, "the man accuses one named person, two identified by their call signs or military insignia, and others who are unnamed of using electrocution and unlawful imprisonment as forms of torture in mid to late 2022." Yuriy Belousov, head of the war crimes unit in Ukraine's Prosecutor General's Office, is reported as saying that "Today's filing is an important historic step. We will do everything in our capacity to assist the Argentine judiciary in their pursuit of truth and justice." Efforts to file the complaint were led by The Reckoning Project: Ukraine Testifies (TRP). TRP's efforts were led by Guernica 37 Chambers Member Ibrahim Olabi, with Guernica Member Jack Sproson also acting as part of the team. Full article on the following link: https://www.reuters.com/world/ukraine-mans-torture-case-against-russians-seeks-justice-argentina-2024-04-16/

  • Guernica 37 members Ibrahim Olabi and Jack Sproson for the Reckoning Project

    Guernica 37 Member Ibrahim Olabi led efforts by The Reckoning Project, an international NGO, to file the first-ever Ukrainian torture complaint in Argentina under the principle of universal jurisdiction. Guernica 37 Member Jack Sproson, acting as Senior Legal Advisor at The Reckoning Project, was also an integral part of the team assisting in filing the complaint. The complaint is brought on behalf of a man - using the pseudonym ‘Mr M’ - who recounts his subjection to torture by electrocution in detention at the hands of Russian individuals in a town that is occupied by Russian forces. Ukrainian prosecutors have welcomed the filing as a “historic step” and vowed to do everything in their “capacity to assist the Argentine judiciary in their pursuit of truth and justice." The story was covered exclusively by Reuters, here: https://www.reuters.com/world/ukraine-mans-torture-case-against-russians-seeks-justice-argentina-2024-04-16/

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