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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.

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 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/

The following media round up on international and foreign policy issues from around the world for the period of 09 April to 15 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. Iran/Israel – 14 April Iran has launched hundreds of drones and missiles towards Israel in an unprecedented attack following an Israeli raid on the Iranian consulate in Syria two weeks ago. The overnight escalation came more than six months into Israel's devastating war on the Gaza Strip, which has killed over 33,000 Palestinians and pushed the besieged territory to the brink of famine. The war has driven up tensions in the region, spreading to fronts with Lebanon and Syria and drawing long-range fire at Israeli targets from as far away as Yemen and Iraq. The Israeli military said that the Iranian salvo consisted of more than 300 "killer drones, ballistic missiles, and cruise missiles" but that 99% were intercepted with help from forces from France, the United Kingdom, and the United States. The launches, which the army said came from Iran, as well as from Iraq and Yemen, set off air raid sirens in cities across Israel, including Tel Aviv, with explosions heard as air defences intercepted the projectiles. Iran's Islamic Revolutionary Guard Corps (IRGC) confirmed the attack, saying it launched the drones and missiles under Operation True Promise as part of the punishment for “the Zionist entity’s crime of targeting the Iranian consulate in Syria” on April 1. The raid in Damascus killed 12 people, including two senior generals in the IRGC’s elite Quds Force. Western countries condemned Iran’s missile and drone assault, including the US, the UK, the Czech Republic, Denmark, France, Mexico, the Netherlands, and Norway. Egypt and Saudi Arabia called for restraint, while the UN Security Council scheduled an emergency session to discuss the matter at Israel’s request. https://www.aljazeera.com/news/2024/4/13/israeli-army-says-iran-has-launched-drones-at-israel Poland – 12 April Poland's parliament has approved four amendments to its abortion laws, marking a significant step towards ending the country's restrictions on access to abortion. Amnesty International emphasised the need for urgent amendments to the law, which endangers lives, jeopardises health, contravenes International and European human rights obligations, and flies in the face of the World Health Organization's abortion care guideline. There is an emphasis on the importance of decriminalising abortion to ensure that all people needing abortion services, as well as abortion providers, activists, and advocates, are not threatened with criminal consequences for accessing, assisting someone in accessing or delivering abortion services. The amendments come after a ruling by Poland's Constitutional Tribunal banned nearly all access to abortion by removing grounds of "severe and irreversible foetal defect or incurable illness that threatens the foetus' life." Previously, over 90% of the approximately 1,000 legal abortions performed in Poland were on this ground. Under the current law, healthcare providers can only provide abortions if a pregnant woman's health or life is at risk or if the pregnancy results from a crime. https://www.amnesty.org/en/latest/news/2024/04/poland-vote-is-a-significant-step-towards-providing-access-to-safe-and-legal-abortion/ Sudan – 12 April Human Rights Watch has called for a new global approach to the ongoing conflict between the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF). The conflict has resulted in widespread atrocities, including intentional killings of civilians, unlawful attacks on civilian infrastructure, and deliberate looting of aid, which constitute war crimes. The conflict has uprooted 8.5 million people, making Sudan the world's largest internal displacement crisis. The UN reports that around 25 million people, around half of the population, are now dependent on emergency food supplies, which SAF has deliberately restricted and RSF looted in violation of international law. Both parties have sought to limit aid access to and through their control areas, putting Khartoum under a de facto blockade since late 2023. The conflict in Sudan has led to the deaths, injuries, and detention of aid workers and targeted humanitarian convoys. Both sides have harassed and abused local responders, causing a humanitarian nightmare. The attacks on infrastructure, such as healthcare facilities and water treatment plants, have left civilian lives precarious and insecure. The UN High Commissioner for Human Rights has accused both sides of arbitrary detaining and enforced disappearances. https://www.hrw.org/news/2024/04/12/sudan-one-year-atrocities-requires-new-global-approach Germany – 12 April Germany's parliament has passed a landmark law that allows transgender and non-binary people to modify their legal documents to reflect their gender identity through an administrative procedure based on self-identification. The new law replaces Germany's 1980 Transsexuals Law, which requires trans people to provide a local court with two "expert reports" attesting to a high degree of probability that the applicant will not want to revert to their previous legal gender. The German Constitutional Court had previously struck down other aspects of the law, including surgical requirements for gender recognition. The new law sends a strong message that trans people exist and deserve recognition and protection without discrimination. The new law comes as lesbian, gay, bisexual, and transgender (LGBT) activists warn of an uptick in anti-LGBT violence in Germany. https://www.hrw.org/news/2024/04/12/germany-landmark-vote-trans-rights-law Ethiopia – 12 April Amnesty International has called for an independent investigation into the killings of civilians by the Ethiopian National Defence Forces (ENDF) in Merawi town, Amhara region, following a conflict with Fano militias. The massacre, killing 22 people, occurred on the eve of the annual feast of St. Mary and is considered a war crime and extrajudicial execution. After the fighting ended, ENDF soldiers conducted house-to-house searches and entered local shops. Witnesses reported seeing bullet wounds on the heads of victims. ENDF soldiers also set fire to 11 three-wheel vehicles and one motorbike in Merawi, leaving many residents without money or food to buy food. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the African Commission on Human and Peoples’ Rights’ Working Group have been called on to take urgent steps to investigate alleged crimes and facilitate country visits. https://www.amnesty.org/en/latest/news/2024/04/ethiopia-merawi-killings-should-be-independently-investigated/ Mali – 12 April Mali's transitional military government has been called on to reverse its suspension of political parties and associations, stating that it violates Malian law and the rights to freedom of expression, association, and assembly under international human rights law. The council of ministers adopted a decree suspending the activities of political parties and associations across the country, and the Malian communications regulatory body directed all media to stop broadcasting and publishing the activities of political parties and associations. The action appeared to be in response to the March 31 call by more than 80 political parties and associations to return to constitutional order by holding presidential elections as soon as possible. The military junta, which seized power in a coup in May 2021, had announced in September that the elections scheduled for March 26 would be delayed indefinitely for technical reasons. Mali's junta has increasingly cracked down on peaceful dissent, political opposition, civil society, and the media, shrinking the country's civic space, Human Rights Watch said. The junta has also targeted dissidents and whistle-blowers, with the authorities forcibly disappearing gendarmerie Col. Alpha Yaya Sangaré on March 4. https://www.hrw.org/news/2024/04/12/mali-junta-suspends-political-parties-associations Jordan - 11 April Amnesty International has called on Jordanian authorities to cease their crackdown on pro-Gaza protests and release dozens of activists who have been illegally detained for peacefully criticising Israel's policies. Since October 2023, Jordan has arrested at least 1,500 people, including 500 detained since March. The organisation has also criticised Jordan's Cybercrimes Law for criminalising speech that may offend law enforcement officials. The government must ensure freedom for peaceful protests. Amnesty International has reviewed six individuals detained in Jordan on spurious charges related to their participation in pro-Palestine protests or social media posts. Journalist Khair Eddine al-Jabri was questioned without his lawyer and transferred to the cybersecurity unit of the Criminal Investigations Department. He was charged with using social media platforms to "defame an official body" and "incite strife, sedition and hatred and threaten societal peace" under Articles 15 and 17 of the Cybercrimes Law. He was released on bail but placed under a travel ban pending trial. Activists Ibrahim Shdeifat and Siraj Eddine Shdeifat were arrested while attending pro-Palestine protests outside the Israeli embassy in Amman. Ayman Sanduka was arrested after writing a Facebook post criticising Jordan's relationship with Israel. https://www.amnesty.org/en/latest/news/2024/04/jordan-stop-cracking-down-on-pro-gaza-protests-and-release-those-charged-for-exercising-their-freedoms-of-assembly-and-expression/ Nigeria – 11 April Nigerian authorities have failed to implement crucial measures to provide a secure learning environment for every child ten years after the abduction of over 200 schoolgirls in Chibok. Since 2014, more than 1,600 children have been abducted or kidnapped across northern Nigeria, with the armed conflict between Boko Haram and Nigerian armed forces continuing to take its toll. In February and March 2024, bandits kidnapped over 200 children from their schools in Kaduna and Sokoto states. The Nigerian government endorsed the Safe Schools Declaration and adopted a Safe School Initiative for Nigeria with the support of the global community and Nigerian business leaders. However, the multi-stakeholder initiative faced problems and little progress was made in fortifying schools. With over 20 million children out of school in Nigeria, girls face double-edged challenges, including risk of rape and child marriage. The government must involve communities in designing and implementing initiatives to make schools safer, creating a sense of ownership and reducing inefficiency and corruption. https://www.hrw.org/news/2024/04/11/nigeria-10-years-after-chibok-schoolchildren-still-risk UK/USA - 11 April Julian Assange, who has been detained in Belmarsh, a high-security prison in the UK, has been criticised by Amnesty International for his five-year imprisonment. Assange has been accused of exposing alleged war crimes committed by the USA, a move that is considered unacceptable. The US authorities have not conducted a transparent investigation into their alleged war crimes but instead targeted Assange for publishing information leaked to him, even if it was of public interest. Assange's ongoing persecution makes a mockery of the USA's obligations under international law and its commitment to freedom of expression. If extradited to the USA, Assange would face severe abuse, including prolonged solitary confinement, which would violate the prohibition on torture or other ill-treatment. The US must drop all charges against Assange, allowing for his prompt release from UK state custody. Assange faces prosecution under the Espionage Act of 1917, a wartime law that never intended to target publishers’ and journalists' legitimate work. The UK High Court has adjourned to allow the USA to file fresh diplomatic assurances, and Assange's permission to appeal his extradition to the USA will be reconsidered on 20 May 2024. https://www.amnesty.org/en/latest/news/2024/04/julian-assanges-five-year-imprisonment-uk-unacceptable/ France – 11 April Five French and international groups have filed a complaint with the UN Committee on the Elimination of Racial Discrimination (CERD) to address racial profiling by French police. The groups, including Community House for Solidarity Development, Pazapas, Reaji, Amnesty International France, and Human Rights Watch, argue that the French government has not taken any action to address the issue. The groups have been working to eliminate racial profiling by French law enforcement since a landmark Court of Cassation ruling in 2016. The groups are asking the UN's expert body on racial discrimination to recognise the systemic nature of the problem and set out specific steps the French government should take to eliminate racial profiling. The groups propose several measures to address the issue, including redefining and clarifying the legal framework for police identity checks, creating traceability for stops targeting children, strengthening victims' rights, and changing the institutional objectives, guidelines, and training for the police. https://www.hrw.org/news/2024/04/11/france-groups-seek-un-intervention-address-racial-profiling Sri Lanka - 10 April Amnesty International has released a report highlighting the unlawful use of weapons during protests in Sri Lanka. The report, 'Ready to suppress any protest' in Sri Lanka: Unlawful use of firearms during protests, analyses the use of force during policing of 30 protests between March 2022 and June 2023. Amnesty International's research shows a pattern in the unlawful use of tear gas, water cannons, and the misuse of batons by Sri Lankan law enforcement officials. Video evidence reveals that in at least 17 protests, more than half of those analysed, the conduct of law enforcement officials fell well short of international law and standards on the use of force. The report also highlights the lack of investigation and accountability for human rights violations by law enforcement agencies and security forces. Under international law, the Sri Lankan state is responsible for investigating effectively, impartially, and promptly any allegations or reasonable suspicion of human rights violations by law enforcement officials. https://www.amnesty.org/en/latest/news/2024/04/sri-lanka-unlawful-weapons-protests/ EU – 10 April Amnesty International has criticised the European Parliament's vote to adopt the Migration and Asylum Pact as a missed opportunity. The move would result in less protection for people escaping conflict, persecution, or economic insecurity and increase the risk of human rights violations across Europe. Amnesty International argued that the EU needs to take advantage of a crucial opportunity to build a migration and asylum system that prioritises human rights and unconditionally upholds the right to seek asylum, regardless of origin or arrival. Amnesty International criticised the EU's failure to show global leadership in refugee protection and the lack of safe, fair, and dignified pathways for people to reach Europe. Amnesty International will continue to stand in solidarity with refugees and migrants affected by racism, discrimination, violence, and human rights abuses at European borders and beyond. https://www.amnesty.org/en/latest/news/2024/04/eu-vote-migration-pact-missed-opportunity/ Greece – 10 April The Greek Court of State has declared unconstitutional a 2021 amendment that barred the Hellenic Authority for Communication Security and Privacy (ADAE) from informing citizens of state surveillance on "national security" grounds. The ruling found that the change violated the Greek Constitution, the European Union Charter of Fundamental Rights, and the European Convention on Human Rights. The ruling marks a significant victory in Greece's ongoing surveillance scandal, which included revelations that the government surveyed independent journalists, business people, government officials, and opposition leader Nikos Androulakis. The Council of State found the blanket prohibition on informing individuals about their surveillance an "excessive restriction" on the right to privacy and a threat to the rule of law. While the ruling doesn't extend to a separate December 2022 law restricting ADAE's powers, it is a significant step. Greece's government should listen to the court and enact reforms that fully guarantee citizens' right to privacy and access to information. https://www.hrw.org/news/2024/04/10/greek-court-deems-surveillance-powers-unconstitutional Global – 10 April Amnesty International has urged Dow shareholders to withdraw their investment from the US-based chemicals company if it fails to meet its human rights responsibilities towards the over 500,000 people still suffering from the Bhopal disaster, one of the world's worst industrial incidents. The letter, shared before Dow's annual general meeting, asks investors to address Dow's failure to adhere to international business and human rights standards since it purchased Union Carbide Corporation in 2001. The letter asks investors to ensure that Dow reports on its responsibilities regarding Bhopal based on the UN Guiding Principles and publicly discloses its findings without delay. Amnesty International is asking investors to request that Dow meets specific recommendations, including providing additional compensation to Bhopal survivors, providing compensation for the adverse health, economic, and social impacts caused by the ongoing contamination at the plant site and groundwater, contributing an appropriate and fair financial sum towards clean-up works at the contaminated plant site and surrounding areas, and disclosing all information about the leaked Methyl Isocyanate gas and other chemicals released, including their toxicity, long-term impact on people's health, and the most appropriate medical treatment. https://www.amnesty.org/en/latest/news/2024/04/global-dow-shareholders-must-help-ensure-justice-for-victims-of-bhopal-disaster/ Thailand – 10 April Thailand's Constitutional Court is set to rule on a petition to dissolve the country's main opposition party, the Move Forward Party (MFP). The MFP, which won the most seats in the May 2023 general elections, faces allegations of high treason. The court's ruling could significantly affect Thailand's return to genuine democratic rule. The Thai Election Commission's petition against the MFP was a politicised battering ram, and the court must issue its ruling free from political pressure. The MFP's campaign to amend Penal Code section 112 on lèse-majesté amounted to an attempt to abolish Thailand's constitutional democracy with the king as head of state, contravening the constitution. The court ordered the MFP to cease its actions in pursuit of amending section 112. Disbanding the MFP would violate the rights of its members to freedom of expression, association, peaceful assembly, and democratic participation guaranteed under the International Covenant on Civil and Political Rights (ICCPR). Eliminating the MFP would also undermine Thailand's efforts to restore democratic rule after years of military dictatorship. Thailand's allies and relevant UN agencies should publicly make clear that dissolving the party would severely affect Thailand's standing as a generally rights-respecting country. https://www.hrw.org/news/2024/04/10/thailand-court-ruling-could-subvert-democratic-rule Myanmar – 9 April Myanmar's military has forced over 1,000 Rohingya Muslim men and boys from Rakhine State since February 2024, violating the country's conscription law. The Rohingya have long been denied citizenship under the 1982 Citizenship Law. The military has been sending Rohingya to abusive training for two weeks before deploying them. Many have been sent to the front lines in the fighting between the junta and the Arakan Army armed group, which broke out in Rakhine State in November 2023. Human Rights Watch documented 11 cases of forced recruitment, drawing on interviews with 25 Rohingya from Sittwe, Maungdaw, Buthidaung, Pauktaw, and Kyauktaw townships in Rakhine State and Bangladesh. An estimated 630,000 Rohingya remain in Rakhine State under a system of apartheid and persecution, including about 150,000 held in open-air detention camps. Myanmar's military has forced 100 Rohingya from Sittwe camps to fight in armed conflict, resulting in five deaths and ten injuries. The remaining 43 recruits have not been returned, and their whereabouts remain unknown. The forced recruitment violates international human rights law, and the Optional Protocol to the Convention on the Rights of the Child prohibits forced recruitment, conscription, or use of anyone under 18. https://www.hrw.org/news/2024/04/09/myanmar-military-forcibly-recruiting-rohingya ECtHR - 9 April The European Court of Human Rights (ECtHR) has set a landmark precedent by ruling in three climate cases involving older Swiss women, six young Portuguese people, and a former French mayor and member of the European Parliament. The Swiss women's case found that the Swiss government needed to comply with its duties under the European Convention concerning climate change, including failing to set clear limits on greenhouse gas emissions and meet its past emission reduction targets. Amnesty International praised the determination and tenacity of the applicants in all three cases seeking climate justice through courts. The ruling sends a powerful message to policymakers in European countries that states must intensify their efforts to combat climate change. The ECtHR's decision to dismiss the other two climate-related cases was based on procedural considerations rather than on the respective merits of each case. Strategic litigation can help deliver climate justice and protect the rights of billions of people, especially the most marginalised, from global warming. It will yield benefits, as seen today with the Swiss case. The right to a clean, healthy, and sustainable environment was universally recognised by the UN General Assembly in 2022. Amnesty International is part of a coalition calling for adopting an additional protocol on the right to the European Convention on Human Rights. https://www.amnesty.org/en/latest/news/2024/04/europe-european-court-of-human-rights-sets-vital-precedent-with-ruling-in-landmark-climate-case/ North Korea – 9 April The Human Rights Watch and Transitional Justice Working Group submitted a joint submission to the UN Universal Periodic Review of the Democratic People's Republic of Korea (DPRK), revealing a deteriorating human rights situation due to the country's stringent measures to protect health and reduce Covid-19 transmission. The DPRK has not engaged with international human rights mechanisms and adopted new repressive laws, further deteriorating its conditions. The submission calls for accountability for crimes against humanity, including the dismantling of political prison camps and the recognition of political prison camps. The submission also calls for access to UN officials, international human rights monitors, and humanitarian organisations in areas where Kwanliso is located. North Korea has rejected nine recommendations on enforced disappearances, arbitrary arrest, and detention and continues to detain at least seven South Korean citizens. Recommendations include relaxing travel requirements, recognising citizens' rights to leave, enter, and return, reopening borders, reviewing COVID-19-related measures, and decriminalising individuals returning to the country. https://www.hrw.org/news/2024/04/09/joint-submission-universal-periodic-review-democratic-peoples-republic-korea

Eldiario.es by Cristina Barchi April 12, 2024, (revised on April 13) This lawyer fought in Spanish courts in universal justice cases until Rajoy's government blocked those lawsuits from progressing. She now foresees many countries acting against Israel for the Gaza massacre. Originally from Valencia, Almudena Bernabeu is the first female Spanish educated barrister in the UK and founder of Guernica 37, a firm of 30 lawyers specialising in genocide and transitional justice, with offices in London, Madrid and San Francisco. With 25 years' experience in cases such as those of Augusto Pinochet, Efraín Ríos Montt and the murder of Ignacio Ellacuría, she intervened in the lawsuit against nine high-ranking Syrian officers for the torture and murder of the brother of a Spanish citizen in 2017. The complaint was admitted by Judge Eloy Velasco but was ultimately rejected by the Criminal Chambers of the Spanish High Court for lack of jurisdiction. Almudena also participated in the lawsuit of a Spanish-Tibetan against China for the genocide in Tibet. In that case, the obstacle was political. In 2014, the Popular Party approved a legislative reform to further limit universal jurisdiction. “Cruelty and sadism are found in all armed conflicts, but not on the televised scale of this media genocide which, in the absence of reporters who have been murdered, is broadcasted daily by the victims themselves," says Bernabeu of Israel's attacks in Gaza.” As if in the gas chambers we had handed out smartphones to those who were hopeless.” The lawyers of Guernica 37 seem the perfect candidates to handle requests from outraged citizens. Can a Spanish citizen react to this barbarity and file complaints through you? Who are your clients? Yes, they can, but it’s not easy. Our clients can be sponsors of victims, states and foundations. These are however, long and costly processes. The precariousness of our professional field that remains for 20 years favours the human rights abusers. For years, lawsuits have been advancing only due to the conviction and altruistic efforts of a few, and this means that the defence and protection of human rights is the exception rather than the norm. To combat this, we founded Guernica 37 in London in 2017, combining private practice with the public interest dimension and following the Anglo-Saxon model. The fact that it is pro bono limits and reduces its effectiveness. In the case of Syria, we worked on behalf of citizens united by the same interest, to reveal to the world through legal actions the systematic torture inflicted by the high command of [Syrian dictator] Bashar al-Assad's army. In the 1990s, with the Pinochet case, optimism was born and the fight against impunity was seen as possible in many countries. Yes, but successes turn into punishment, our intervention was seen as excessive. Universal jurisdiction was perceived as a political manipulation that only generated political problems, such as the case against Ariel Sharon and the case of Tibet/China in Spain, which led to the legislative reform by the Rajoy government, putting an end to universal justice in the country. These legislative aberrations have not yet been corrected. Rajoy dismantled the practice of universal justice in Spain which was a scandal internationally but not in Spain. The horrors in Ukraine and Palestine provide an opportunity to understand the importance of instruments such as the law of universal jurisdiction. There is a strong global consensus to expose these gross violations of human rights. Do you see a case like Nuremberg in relation to what happened in Gaza? It will be a relentless trickle of legal actions. There will be the South African-led action [in the International Court of Justice] as well as in every national court that wants to pursue it because of the universal jurisdiction laws. There will be soldiers and officers who will never be able to leave Israel unless they are willing to be arrested. This will precipitate a social and political cost from which Israel will not recover. In my opinion, the consequences for them will be greater than what they have achieved or will achieve by destroying the people of Gaza. This arrogance will end when they understand that they will be prosecuted throughout their lives. Zionism was a laudable idea after the Second World War, but today it is nothing more than an ultra-nationalist ideology that is used to justify aggression and violence. The international consensus and agreement against what they are doing must be maintained and action taken. Al Shifa Hospital in Gaza, destroyed entirely on April 1 after Israeli troops abandon the area. Mohamed Hajjar / EFE Why was it necessary to found Guernica 37? Didn't such a thing exist until now? My departure from Spain was born of frustration; I quickly realised that, without the courage of my colleagues in Spain, we would not have had the international criminal law and international human rights law that we enjoy in the world today. However, their practical application is something that Spain has not managed to take us out of the sphere of altruistic civil society and goodwill. The experts exist, but not with the capacity to find the financial resources to take these cases forward. In terms of litigation to establish accountability for human rights violations, there is nothing like Guernica 37 and it has been very well received in the Anglo-Saxon world, less so in Spain, where I believe there is an absence of trust due to a lack of understanding of the model. That saddens me. Spain is a daring, iconoclastic and innovative country in everything but law. You are the first non-UK-educated Spanish woman lawyer to be a barrister and to be able to litigate before the British courts, with rights of audience, not a solicitor. Why did you want to become one? Along the way, I specialised as a lawyer in these issues, working a lot and joining large teams, which gave me a vision of internationality and possibilities. Between the Spanish language and education of the 1990s, it was very difficult to break through, so at some point, life led me down the path of common law, which I now know well. I like it’s strategic wrestling with complex cases as it focuses on interpretation and innovation. I like the importance of the independence of judges and the integrity of the profession. It is foundationally democratic, with indispensable elements such as the jury. Has Europe violated international law by omission, or does the obligation only exist selectively if the world powers want it to? This is unfortunately the case, although compliance is mandatory and the obligation is explicit and erga omnes, i.e., universal. It is time to demand accountability for the failure to uphold it. Most importantly: under the principle of universal justice, the obligation of other states is to demand it. Will this televised impunity bring more authoritarianism to the West, where the killing of civilians, journalists and medical workers or the bombing of hospitals is tolerated? Undoubtedly. We have been talking about fighting impunity for thirty years. With impunity, violence and its different forms are amplified and perpetuated. It is crucial to demand accountability and not to let these crimes or any others go unpunished. What is the trans-generational imprint that incubates the horrors of genocide so that a part of a people that was a victim has become an executioner, four generations later and without the ability to recognise it? We have not yet seen the extent of the horrors. But suffering does not always bring revenge. To think that is a mistake. I have seen many cases of a deep desire to turn the page and move on with their lives, to look for new opportunities. When I have looked into the eyes of a genocidaire I have seen a pathetic man, one we recognise as a coward. And in the victims, I have often experienced that the immense chasms of pain through which they have lived have granted them access to the depths of their own humanity. There are smiles I have come across that are indescribable. It is as if by looking at them you can know what humanity is. They are beings on another level. At the risk of sounding spiritual, they are souls who have found forgiveness. That is to say, peace. Your driving force is the figure of the victim. By what moral prism does a government that inflicts famine and kills more children in five months than in four years of wars around the world still present itself as a victim? The 7 October attack hardly makes Israel a victim to justify its actions. There is a context, a siege that radicalised a terrorist group, which may have had the sympathy but not the support of the Palestinian people. To talk of victimhood here is to continue the suffocating rhetoric that will destroy these two countries. What is it that we must never forget about this chapter in human history? That the consequences of the violence we are capable of inflicting will be felt increasingly in the years to come. We are not only destroying the present but also the future.

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 4 April 2024 to 12 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. Romania - 12 April 2024 Social media influencer Andrew Tate will be extradited to the UK after a British police force secured a European arrest warrant for allegations of rape and human trafficking. The pair were detained on Tuesday and appeared at the court of appeal in Bucharest where it was ruled they would be extradited following the conclusion of legal proceedings in Romania; see here. Serbia - 11 April 2024 Critics say Serbia is turning a blind eye to the environmental impact of a Chinese-run copper mine in the east of the country, which is boosting output of copper as well as waste; see here. Serbia - 10 April 2024 Serbia exported more arms to Israel in March, data show, following at least two major arms sales to the country since the October 2023 Hamas attack; see here. Bosnia - 10 April 2024 Several countries are working on a draft General Assembly resolution to declare July 11 the International Day of Reflection and Remembrance of the 1995 Srebrenica Genocide, according to a document seen by VOA; see here. Romania - 10 April 2024 Romania has announced a ban on gambling venues in small towns and villages with populations of less than 15,000 residents. What's known as the “law of slot machines” was passed by deputies in the lower house of parliament. see here. Turkey - 9 April 2024 Turkey said it will restrict exports of various important materials including cement, steel, fuel and aluminium to Israel until there is a ceasefire in Gaza; see here. Serbia - 8 April 2024 Three decades after the unexplained death of Radislava ‘Dada’ Vujasinovic, who reported on the links between crime and politics in wartime Yugoslavia, her sister remembers her as a fearless truth-seeker in a dangerous society; see here. Slovakia - 7 April 2024 Peter Pellegrini has been elected president of Slovakia, consolidating the grip of the ruling coalition led by Robert Fico and tilting the country further towards Russia; see here. Serbia - 5 April 2024 Social media posts and front pages containing ‘information’ about the girl and photos of her alleged abductors continue the gruesome tradition of grossly violating victims’ dignity; see here

Wishing all our Friends and Colleagues a happy and blessed Ramadan

The following media round up on international and foreign policy issues from around the world for the period of 03 April to 08 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. Israel/Gaza Israel has announced the opening of two humanitarian routes into the occupied Gaza Strip, including the temporary re-opening of the Erez crossing in northern Gaza and Ashdod port. Amnesty International has called for an immediate, sustained ceasefire by all parties and a complete lifting of Israel's illegal blockade of Gaza to alleviate mass suffering and, for armed groups to release hostages held in Gaza and for Israeli authorities to release arbitrarily detained Palestinians. The International Court of Justice has ordered Israel to take additional provisional measures to prevent genocide in light of the worsening situation in Gaza. The organisation has also called for armed groups to release hostages held in Gaza and Israeli authorities to release arbitrarily detained Palestinians. The end of Ramadan is just days away, and both the UN Security Resolution calling for an immediate ceasefire and the ICJ ruling have been utterly ignored. The US administration must ensure it uses its influence to push for an immediate ceasefire and prevent further violations of international law. https://www.amnesty.org/en/latest/news/2024/04/israel-opt-with-famine-setting-in-a-ceasefire-and-more-aid-routes-into-gaza-are-urgently-needed/ Saudi Arabia – 5 April Tennis federations have been accused of enabling the Saudi government's efforts to "sportswash" its human rights record through two separate deals with the Saudi Public Investment Fund (PIF) and the Saudi Tennis Federation. The Women's Tennis Association (WTA) announced its successive three finals in Riyadh following an agreement with the Saudi Tennis Federation. Human Rights Watch has called for the WTA and ATP to demand improvements to Saudi Arabia's rights record before making deals that launder Saudi government abuses. Other sports federations have restricted athletes from speaking out on issues, including human rights. Saudi Arabia has a severe women's rights record, with activists facing arbitrary arrests, torture, and travel bans. Despite legal changes since 2018, women and girls still face barriers to participation in sports and physical activities. The country's first codified law on personal status enshrines male guardianship over women, facilitating domestic violence and sexual abuse. The Saudi government has also invested billions in entertainment, cultural, and sporting events to deflect from its human rights violations. https://www.hrw.org/news/2024/04/05/saudi-arabia-global-tennis-sportswashes-abuses Rwanda – 5 April As the 30th commemoration of the 1994 Rwandan genocide begins, Amnesty International urges the international community to renew its commitment to ensure justice and accountability for the victims and survivors. The International Criminal Tribunal for Rwanda (ICTR) and courts in Europe and North America have tried many perpetrators under universal jurisdiction. However, recent developments highlight the importance of urgently pursuing justice. The confirmed deaths of several of the most-wanted genocide suspects and the indefinite suspension of the trial of another indictee due to age-related illness highlight the need for maintaining momentum to deliver justice for survivors and relatives of victims in Rwanda. In May 2023, Fulgence Kayishema, another genocide suspect and ICTR indictee, was arrested in South Africa but remains in detention facing immigration-related charges. In August 2023, the trial of 90-year-old alleged chief genocide financier Félicien Kabuga was suspended indefinitely due to age-related illness. https://www.amnesty.org/en/latest/news/2024/04/rwanda-30-years-on-justice-for-genocide-crimes-more-urgent-than-ever/ Cuba – 5 April Amnesty International has released the book "Images of Rebellion," a visual compilation that celebrates the defiant spirit of civil resistance in Cuba. The book contains over 21,000 letters and drawings sent to Luis Manuel Otero Alcántara, a Cuban artist and prisoner of conscience, in a global outpouring of support. It serves as a call to action and a reminder of Cuba's ongoing struggle for human rights and freedom of expression. The book features the stories of five prisoners of conscience: Luis Manuel Otero Alcántara, Maykel "Osorbo" Castillo Pérez, José Daniel Ferrer García, Loreto Hernández García, and Donaida Pérez Paseiro. The book is part of Amnesty International's #CubaWithoutRepression campaign, which aims to call attention to the plight of these five individuals, mobilise global solidarity, and secure the release of all unjustly imprisoned for exercising their human rights. https://www.amnesty.org/en/latest/news/2024/04/cuba-amnesty-presents-book-images-of-rebellion/ Myanmar – 4 April The UN Security Council has been criticised for its inaction on the Myanmar crisis, which has worsened the country's human rights situation. The council has been silent on the problem since adopting Resolution 2669 in December 2022, condemning the Myanmar military's abuses and attacks on civilians since its February 2021 coup. The resolution called for the military to release political prisoners, restore democratic institutions, and engage in dialogue. However, the situation has escalated, with Myanmar's junta ramping up attacks on civilians and blocking humanitarian aid. The Security Council has been urged to take more meaningful steps to address rights concerns, including instituting an arms embargo, referring the situation to the International Criminal Court, and imposing targeted sanctions on military-owned companies. The Human Rights Council's April 4 resolution calls for restricting the Myanmar military's access to jet fuel, but China and Russia continue to block consideration of such measures and oppose holding debates. Almost every other government member raised severe concerns about the crisis, and many lamented the body's inaction. https://www.hrw.org/news/2024/04/04/un-shows-conflicting-approaches-myanmar-crisis Bulgaria – 4 April Bulgarian authorities should investigate allegations of police assault on a Saudi human rights activist, Abdulrahman al-Khalidi, who has spent a decade exposing Saudi rights abuses. Al-Khalidi, who sought asylum in Bulgaria in October 2021, is at imminent risk of deportation back to Saudi Arabia, where he would face arbitrary detention, torture, and unfair trial. The incident occurred at the Busmanci Migrant Accommodation Center, where police allegedly beat and choked him. Human Rights Watch has documented poor and overcrowded conditions at the Busmanci Center, as well as abusive treatment by police officers. Deporting al-Khalidi may violate Bulgaria's international obligations, including Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Article 33 of the Convention Relating to the Status of Refugees. https://www.hrw.org/news/2024/04/04/bulgaria-alleged-beating-detained-saudi-activist EU – 4 April Amnesty International has warned that the EU's Migration and Asylum Pact reforms will increase the risk of human rights violations. The reforms, first proposed in 2020, will set back European asylum law for decades, leading to greater suffering and putting more people at risk of human rights violations at every step of their journeys. Since the first proposal, every step of the negotiations has further worsened the outcome, weakening protections and access to asylum for people on the move, expanding detention and containment at borders, and shifting responsibilities to countries outside of Europe. The Pact will only do something to improve Europe's response to people needing protection. The proposals also risk subjecting more people, including families with children, to de facto detention at EU borders, denying them a fair and complete assessment of their protection needs. They come alongside mounting efforts to shift refugee protection and border control responsibility to countries outside the EU, such as recent deals with Tunisia, Egypt, and Mauritania or attempts to externalise the processing of asylum claims to Albania. https://www.amnesty.org/en/latest/news/2024/04/eu-migration-asylum-pact-put-people-at-risk-human-rights-violations/ Uganda – 4 April Uganda's Constitutional Court has upheld the abusive and radical provisions of the 2023 Anti-Homosexuality Act, according to Human Rights Watch. The ruling further entrenches discrimination against LGBT people and makes them prone to more violence. The court struck down sections that restricted healthcare access for LGBT people, criminalised renting premises to LGBT people, and created an obligation to report alleged acts of homosexuality. Human Rights Watch said that the ruling will have a detrimental impact on all Ugandans, including LGBT people, families, and communities who continue to suffer the stigma that the Anti-Homosexuality Act enshrined into law. The judges ruled that the act does not violate fundamental rights to equality, non-discrimination, privacy, freedom of expression, or the right to work for LGBT people. They also ruled that those who had challenged the law had failed to prove the negative financial implications of the law, or that there had been a lack of public participation in the legislative processes, or breaches in parliamentary rules of procedures. The Ugandan Parliament passed the Anti-Homosexuality Act in March 2023, criminalising consensual same-sex conduct with penalties of up to life imprisonment, attempted homosexual acts with penalties of 10 years in prison, and the death penalty for those convicted of “aggravated homosexuality.” The court concluded that the law had been “overwhelmingly passed based on those views of the Ugandan people’s parliamentary representatives, who would know the sentiments of the people they represent on the subject.” https://www.hrw.org/news/2024/04/04/uganda-court-upholds-anti-homosexuality-act Pakistan - 4 April Pakistan's newly elected government has announced plans to unlawfully deport Afghan refugees after Eid-ul-Fitr, a prominent Muslim holiday. This move violates refugee and international human rights law and puts the lives of over 800,000 Afghan refugees at risk. Amnesty International Campaigner for the Refugee and Migrants' Rights, James Jennion, has called on the Pakistani authorities to immediately reverse these decisions and pass human rights-compliant laws protecting the rights of refugees in the country. Jennion argues that the decision endangers the lives of over 800,000 Afghan refugees across Pakistan and threatens another wave of harassment and detentions after the holy month of Ramadan. The government's 'Illegal Foreigners' Repatriation Plan' violates refugee and international human rights law, particularly the principle of non-refoulement. Jennion calls on the Pakistani authorities to immediately reverse these decisions, urgently pass human rights-compliant law protecting the rights of refugees in the country and become a state party to the 1951 Convention Relating to the Status of Refugees and its Protocols. https://www.amnesty.org/en/latest/news/2024/04/pakistan-government-must-halt-deportation-of-afghan-refugees/ UN – 4 April The United Nations human rights body has criticised the UK government for involuntary, compulsory treatment and detention of people with disabilities inside and outside hospitals. The Human Rights Committee, a body of independent experts monitoring the implementation of the International Covenant on Civil and Political Rights, published its findings last week following a review of the UK's record. The Committee highlighted how authorities continue to detain and involuntarily treat people with disabilities under the UK Mental Health Act based solely on their actual or perceived disability. The average length of stay for people with learning disabilities and autism detained under the act is over two years. UK-based organisations representing people with disabilities and their families have been sounding the alarm about this issue for years, and the UK media has consistently exposed abuse in psychiatric units across the country. The UN expert on torture has noted that "involuntary treatment and other psychiatric interventions in health-care facilities" can be forms of torture and ill-treatment. The UK government should heed the Committee's call and amend the Mental Health Act and Mental Capacity Act to ensure people with disabilities aren't locked up in institutions against their will. Instead, it should strengthen and develop voluntary, rights-respecting services so everyone can access adequate support to live in their communities with dignity. https://www.hrw.org/news/2024/04/04/un-body-calls-uk-end-detention-people-disabilities Iran - 4 April Iran has executed 853 people in 2023, marking a 48% increase from 2022 and a 172% increase from 2021, according to Amnesty International. The organisation argues that the Iranian authorities have intensified their use of the death penalty to instil fear among the population and tighten their grip on power. The organisation also highlights the disproportionate impact of the authorities' lethal anti-narcotics policies on poor and marginalised communities. The organisation calls for an immediate moratorium on all executions and an international independent investigative and accountability mechanism to ensure the country's human rights record remains under global scrutiny. Iran's anti-narcotics policy has seen a significant increase in executions in 2023, with 481 drug-related executions constituting 56% of the total number. This is a 98% increase from 2022 and a 264% increase from 2021. The Baluchi minority accounted for 29% of drug-related executions, while only 5% of Iran's population is affected. The Iranian authorities have intensified their use of the death penalty as a tool to quash dissent, with at least seven people at imminent risk of execution. The rise in executions has led to prisoners on death row going on hunger strikes and pleading for interventions to stop their executions. Amnesty International has repeatedly urged the Iranian authorities to amend Article 91 of the Islamic Penal Code to abolish the death penalty for crimes committed by children in all circumstances. https://www.amnesty.org/en/latest/news/2024/04/iran-executes-853-people-in-eight-year-high-amid-relentless-repression-and-renewed-war-on-drugs/ Georgia/Kyrgyzstan – 4 April Georgia's ruling party plans to reintroduce controversial Russia-style "foreign agent" legislation aimed at incapacitating civil society and independent media. If adopted, the laws would require foreign-funded nongovernmental organisations and media to register as "agents of foreign influence, " subject them to additional scrutiny and sanctions, including administrative penalties of up to 25,000 GEL (about 8,600 Euro). Authorities claim the laws promote "transparency", but their statements make it clear the laws will be used to stigmatise and punish critical voices. Georgia was granted EU candidate status in December 2023 on the understanding it would improve conditions for civil society. This move risks derailing its EU integration even if the EU has been willing to move the country forward in the accession process despite limited progress on EU reform priorities. The European Commission's December 2023 legislative proposal for an EU Directive on "transparency of interest representation" that would create a register of organisations which receive foreign funding has been widely criticised. The latest spate of curbs on civil society comes in the wake of the European Commission's legislative proposal for an EU Directive on "transparency of interest representation". https://www.hrw.org/news/2024/04/04/foreign-agent-laws-spread-eu-dithers-support-civil-society Cambodia – 3 April Cambodian opposition politicians have reported harassment, threats, bribes, and unlawful inducements from government officials to withhold their support from opposition candidates in recent Senate elections. The Cambodian Senate approved former long-time Prime Minister Hun Sen of the ruling Cambodia People's Party (CPP) to be Senate president on April 3, 2024. The opposition Candlelight Party (CLP), KWP, and National Power Party described efforts by local and provincial government officials to unlawfully discourage Candlelight commune councillors from voting for candidates other than those from the CPP. The National Election Committee banned the CLP from registering candidates for the July 2023 national elections and the February 2024 Senate elections. Opposition councillors in Cambodia have expressed concerns about the government's attempts to replace them with the ruling CPP, fearing that the CPP will take politically motivated legal action if they refuse to comply with election demands. Four commune councillors have reported receiving direct or implied offers of money, gifts, or other rewards to vote for the CPP or not vote at all. The Cambodian Election Law protects political parties, candidates, and officials, but it must be adequately enforced. https://www.hrw.org/news/2024/04/03/cambodia-threats-bribes-tainted-senate-elections Colombia – 3 April Human Rights Watch has found that Colombia and Panama are failing to effectively protect and assist hundreds of thousands of migrants and asylum seekers in the Darién Gap. The report, which was released in April 2024, identified specific shortcomings in Colombia's and Panama's efforts to protect and assist people, including those at higher risk, such as unaccompanied children. The report also found that efforts to guarantee access to food, water, and essential healthcare services have proven inadequate, affecting the fundamental rights of migrants and local communities. It highlighted the lack of criminal investigation strategies and poor coordination between Colombian and Panamanian authorities. Over half a million people, including 113,000 children, crossed the Darién Gap in 2023. Panamanian authorities estimate that the number will likely be even higher in 2024. Many migrants and asylum seekers have experienced abuses, including sexual violence. The Panamanian government implements a strategy of "controlled flow" or "humanitarian flow," focusing on restricting the free movement of migrants and asylum seekers within Panama. https://www.hrw.org/news/2024/04/03/colombia-panama-fail-protect-migrants-darien-gap

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 28 March 2024 to 4 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. Balkans - 4 April 2024 Negotiators from the EU Parliament and Council gave the green light to the Commission's proposal for the Instrument that will link payments of €6 billion to the six Balkan countries to implement agreed socio-economic reforms; see here. Serbia - 4 April 2024 Serbian President Aleksandar Vucic announced today that authorities have apprehended two individuals suspected of the heinous murder of two-year-old Danka Ilic from the town of Bor in Eastern Serbia; see here. Romania - 3 April 2024 A draft law empowering Romanian military intervention abroad to protect its citizens is seen as primarily concerning Moldova, where at least a million people have Romanian citizenship; see here. Kosovo - 3 April 2024 In the first year of the trial of Kosovo’s former President Hashim Thaci and three co-defendants, the Hague war crimes court has heard testimony about murder and torture, but many sessions have been held behind closed doors; see here. Serbia - 3 April 2024 The Serbian war crimes prosecution urged Belgrade Higher Court to send nine former Yugoslav Army soldiers to jail for war crimes against civilians in four Kosovo villages around the town of Peja/Pec in the spring of 1999; see here. Balkans - 3 April 2024 The Political Declaration of the Ministerial Conference on Restoring Justice for Ukraine held in The Hague was signed by 44 states; it expresses support for the establishment of a special tribunal for the crime of aggression and initiatives to use frozen Russian assets for the benefit of Ukraine; see here. Serbia - 2 April 2024 A luxury real estate venture backed by Jared Kushner in Serbia has stoked fierce opposition from public officials and civilians who have accused Kushner of cultural insensitivity over the project; see here. Montenegro - 1 April 2024 Montenegrin President Jakov Milatovic will initiate legislation to compensate former inmates of the Yugoslav Communist regime’s notorious Goli Otok (Barren Island) prison off the coast of Croatia; see here. Bosnia - 1 April 2024 Samir Nukic was charged with inciting ethnic, racial and religious hatred for writing posts on Facebook insulting Croat children who were killed in an artillery attack in the town of Vitez during wartime in 1993; see here. Kosovo - 29 March 2024 Wartime Kosovo Liberation Army officer Salih Mustafa was ordered to give his victims over 200,000 euros after he was convicted. His apparent inability to pay the compensation has left them frustrated and the Hague court looking for a solution; see here. Balkans - 29 March 2024 Migrants are at a major risk of becoming addicted to tranquilisers as they travel along the Balkan route, a new EUobserver investigative report has revealed. According to the report, the extensive and unregulated distribution of psychotropic drugs in reception centres is not documented in official figures; see here. Bulgaria - 29 March 2024 Bulgaria’s Parliament hastily leapt into the process of amending laws on March 29 in a bid to resolve issues related to the process of the head of state appointing a caretaker Prime Minister; see here.

The following media round up on international and foreign policy issues from around the world for the period of 26 March to 2 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. Iran – 1 April Iran's systematic repression of Baha'is, the most significant unrecognised religious minority in the country, amounts to a crime against humanity, according to a report by Human Rights Watch. The report reveals that Iranian authorities arrest and imprison Baha'is arbitrarily, confiscate their property, restrict their education and employment opportunities, and even deny them dignified burials. The report calls for UN member states to support national prosecutions under the principle of universal jurisdiction and renew the UN Fact-Finding Mission's mandate. The report also calls for increased international pressure on Iran to end this crime against humanity. https://www.hrw.org/news/2024/04/01/iran-persecution-bahais Mexico – 1 April Human Rights Watch has released a documentary titled "Keys to My Freedom" in Mexico, highlighting the economic, medical, and labour discrimination faced by trans people in the state of Guanajuato. The documentary follows the stories of two transgender women, Ivanna Tovar and Kassandra Mendoza, who have fought to have their gender and names legally recognised. The documentary also highlights the challenges trans people face in work and education due to the state's delay in recognising their gender identity. The state's governor and Congress wish to establish a legal gender recognition procedure to reduce discrimination. The documentary highlights the need for Mexico to follow the lead of other states that uphold the rights of their gender minorities by creating an administrative gender recognition procedure. https://www.hrw.org/news/2024/04/01/mexico-guanajuato-should-legally-recognize-trans-identities Japan – 29 March Japan's Ministry of Justice has broadened a directive that bans restraints on imprisoned pregnant women inside delivery rooms. The new directive, issued on March 18, now includes an effective ban on handcuffing pregnant women during transportation to outside medical institutions and upon arrival at the medical institution and until entering the delivery room. The revision comes after Justice Minister Ryuji Koizumi admitted that prison authorities violated the 2014 directive six times between 2014 and 2022. Restraining imprisoned people during labour and childbirth contravenes international standards, such as the Mandela Rules and the Bangkok Rules. The Japanese government are facing pressure to further expand the ban by forbidding restraints on pregnant prisoners during health check-ups, gynaecological examinations, and immediately after giving birth. https://www.hrw.org/news/2024/03/29/japan-broadens-ban-restraints-jailed-women-labor Lebanon/Israel – 29 March The United Nations Interim Forces in Lebanon (UNIFIL) has been urged to release the findings of its investigation into two Israeli strikes on a group of journalists in South Lebanon on October 13, 2023. The strikes killed Reuters journalist Issam Abdallah and injured six other media workers. The UNIFIL found that an Israeli tank killed Abdallah by firing two 120 mm rounds at a group of “clearly identifiable journalists” in violation of international law. The UNIFIL investigation corroborated the findings of investigations conducted by Reporters Without Borders, Reuters, AFP, Amnesty International, and Human Rights Watch. The victims and survivors request that UNIFIL make its full investigation public under the UN’s commitment to transparency. If UNIFIL cannot make the entire report public, they ask for a public statement explaining why and providing a timeline for when publication will occur. https://www.hrw.org/news/2024/03/29/un-report-israeli-killing-journalist-lebanon Somalia – 29 March Somalia's Parliament is expected to vote on proposed constitutional amendments that could weaken rights protections for children, according to Human Rights Watch. The proposed amendments would increase the risk of child marriage, lower juvenile justice standards, and possibly permit certain forms of female genital mutilation. The proposed amendments would place girls at greater risk of child marriage, affecting their reproductive health, access to education, and protection from other forms of abuse. The proposed amendments also include physical development to determine a person's maturity, contrary to international standards. The amendments also raise concerns regarding other harmful practices, such as FGM, which has one of the highest rates in the world. The constitutional review should ensure a complete ban on all forms of FGM is enshrined in the constitution. https://www.hrw.org/news/2024/03/29/somalia-constitutional-proposals-put-children-risk Nigeria – 28 March The International Criminal Court (ICC) Office of the Prosecutor (OTP) has expressed its concern over the slow progress of investigating atrocities committed by Boko Haram and Nigerian security forces in northeast Nigeria. The OTP's visits to the country have mainly focused on meeting with national authorities rather than investigating the atrocities. The OTP has yet to formally move to open an investigation despite its 2020 decision that an investigation was warranted. The OTP's statement confirms its disregard for its legal duty to investigate when states do not and its emptiness in its commitment to Nigerian victims. The OTP's statement also highlights the lack of progress in addressing the situation before the ICC. Since 2009, war crimes and crimes against humanity have been committed by Boko Haram and Nigerian security forces in the region. https://www.amnesty.org/en/latest/news/2024/03/nigeria-icc-must-not-dash-the-hope-of-survivors-of-atrocities-by-the-military/ Haiti – 28 March Human Rights Watch has recommended six key measures to address the deteriorating situation in Haiti, urging United Nations Security Council members to restore basic security. The six measures include establishing a transitional government, providing humanitarian aid, supporting accountability efforts, stopping the flow of weapons and ammunition into Haiti, and ending forced returns of Haitians fleeing violence. The council should ensure funding and resources for establishing a multinational security support mission, which it authorised in October 2023, with all necessary human rights safeguards. https://www.hrw.org/news/2024/03/28/haiti-six-urgent-steps-overcome-crisis Eswatini – 28 March Amnesty International has called on Eswatini authorities to stop the harassment and intimidation of Tanele Maseko, the widow of the late human rights lawyer Thulani Maseko. The arrest of Maseko and her relatives on 27 March at the Oshoek Border post in Eswatini was a clear violation of her human rights, including freedom of movement and expression. The confiscation of her passport and mobile phone without proper authorisation breached her rights under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The organisation urged authorities to focus on investigating Thulani Maseko's murder and bringing those responsible to justice. Maseko has been vocal in campaigning for justice for her late husband. https://www.amnesty.org/en/latest/news/2024/03/eswatini-authorities-must-stop-harassment-and-intimidation-of-tanele-maseko/ Syria/Turkey – 28 March Turkish authorities are deporting thousands of Syrians to Tel Abyad, a remote district in northern Syria, causing dire humanitarian conditions. Between January and June 2023, the Tel Abyad border crossing administration published monthly or daily numbers of Syrian returnees on its Facebook page, labelling all as voluntary. Human Rights Watch has found that Turkish forces have arrested, detained, and summarily deported thousands of Syrian refugees since at least 2017, often coercing them into signing "voluntary" return forms and forcing them to cross into northern Syria. Between January and December 2023, Turkish authorities deported 57,519 Syrians and others over its border crossings, including 16,652 through the Tel Abyad crossing. The Al Bir Society for Social Services in Tel Abyad hosts about 40 deportees daily and shelters 1,500 between June and December. https://www.hrw.org/news/2024/03/28/syrians-face-dire-conditions-turkish-occupied-safe-zone Saudi Arabia – 27 March Saudi Arabia has arrested 12 football fans for reciting a folkloric chant commemorating the birth of Imam Ali, a figure revered by Shia Muslims, at a football match in January 2024 and publishing a video of it on social media. If convicted, the fans, members of the Al Safa Football Club supporters' association, could face up to five years in jail. The Saudi authorities have charged the fans under the Kingdom's Anti-Cybercime Law, which prohibits the production, preparation, transmission, or storage of material impinging on public order, religious values, morals, and privacy. The Al Safa Football Club was fined 200,000 Saudi Arabia Riyals (around US$53,000) and is now obliged to play the next five matches in its home base without a fan presence. https://www.amnesty.org/en/latest/news/2024/03/saudi-arabia-detained-football-fans-could-face-up-to-five-years-in-prison-for-chanting-during-match/ Yemen – 27 March A Houthi court in Yemen has sentenced 32 men to death and flogging, citing "sodomy" as the basis for the sentences. Human Rights Watch has found severe due process violations, including police officers failing to provide arrest warrants and unlawfully searching and confiscating the men's phones. The Houthi armed group took over Yemen's capital in 2014, causing the internationally recognised Yemeni government to flee. The Houthi courts have repeatedly arrested people who have been critical of their policies under the guise of "committing immoral acts." The UN High Commissioner for Human Rights said that the defendants were sentenced to death in a judicial process that violated their constitutional rights and did not comply with fair trial standards under international law. https://www.hrw.org/news/2024/03/27/yemen-houthis-sentence-men-death-flogging El Salvador – 27 March El Salvador's government has been ignoring its international human rights obligations by maintaining a state of emergency and implementing amendments to criminal law that undermine the presumption of innocence and the right to defence. This decision has led to numerous allegations of serious human rights violations and calls for attention and concern from regional and universal bodies. As of February 2024, victims' movements, local human rights organisations, and media reports have registered 327 cases of enforced disappearances, over 78,000 arbitrary detentions, a prison overcrowding of approximately 148%, and at least 235 deaths in state custody. The situation has also increased the risk faced by human rights defenders and any dissident or critical voice, as they are criminalised under the state of emergency. https://www.amnesty.org/en/latest/news/2024/03/el-salvador-two-years-emergency-rule/ Hong Kong – 26 March Hong Kong has enacted a draconian security law, Article 23, which criminalises vague behaviour such as possessing information that is "directly or indirectly useful to an external force." The city was once known for its freewheeling energy and rule of law, with a semi-democratic Legislature that kept the powerful in check. The people of Hong Kong had taken precautions, disposing of dangerous books, T-shirts, film footage, computer files, and other documents from the heady days when the international financial centre was also known for its residents' passionate desire for freedom. The Chinese government has couched this repression in terms like "rule of law," leaving the rest of the world detached from the reality on the ground. https://www.hrw.org/news/2024/03/26/hong-kongers-are-purging-evidence-their-lost-freedom Lesotho – 26 March Amnesty International has called for an investigation into the torture of detainees at Maseru Correctional Centre Institution (MCCI) in Lesotho. The Lesotho Ombudsman's report revealed a pattern of human rights violations, including torture, excessive use of force, and denial of medical care. The report confirmed the extent of unacceptable abuse suffered by inmates, with correctional officers colluding to justify their actions. Senior officers disregarded the misconduct, indicating a deeply ingrained culture of impunity within the institution. Amnesty International's Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, urged authorities to initiate a prompt, independent, impartial, transparent, and effective investigation into the alleged acts of torture and abuse. https://www.amnesty.org/en/latest/news/2024/03/lesotho-authorities-must-investigate-torture-of-detainees-at-maseru-correctional-institution/ Brazil – 26 March Brazil's administration should work with Congress to approve the Escazú Agreement. This regional treaty protects the rights of access to information, justice, and public participation in decision-making processes on environmental matters and includes provisions for protecting environmental human rights defenders. The letter's signatories include organisations working with communities affected by environmental destruction and violence, groups working on the environment, Indigenous rights, transparency, access to information, human rights, and academic institutions. The Escazú Agreement, adopted in 2018 by 24 Latin American and Caribbean states, guarantees everyone's right to access environmental information, participate in decision-making processes, and ensure adequate access to justice when rights are violated. It also requires countries to provide a safe environment for ecological defenders and hold accountable those who threaten or commit acts of violence and intimidation against them. The agreement is particularly relevant to countries like Brazil, where environmental and land defenders face threats and attacks. Human Rights Watch has documented the plight of communities in the Amazon trying to protect their land and environment from criminal networks involved in illegal logging, mining, and land grabs. https://www.hrw.org/news/2024/03/26/brazil-join-regional-treaty-environment-defenders UK – 26 March The UK High Court has adjourned Julian Assange's permission to appeal his extradition to the United States, leaving him and all media workers in limbo. Simon Crowther, Legal Adviser at Amnesty International, criticised the decision, stating that the UK remains intent on extraditing Assange despite the risk of torture or ill-treatment in the US. He argued that the US has allegedly assured the UK that it will not violate Assange's rights, but this assurance needs to be revised and filled with loopholes. The court rejected some Assange's arguments, notably that the extradition was political. The court paused proceedings on other grounds to allow the US to make diplomatic assurances, which it will then reconsider. Crowther urged the US to stop its politically motivated prosecution of Assange, which puts Assange and media freedom at risk worldwide. The court will now adjourn and allow the US to file fresh diplomatic assurances following a 20-21 February hearing. The court will reconsider on 20 May. https://www.amnesty.org/en/latest/news/2024/03/uk-high-court-adjournment-of-appeal-leaves-julian-assange-and-all-media-workers-in-limbo/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 23 March 2024 to 29 March 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. Montenegro – 27 March 2024 Environmental groups say a planned LNG terminal in the port of Bar is contradictory to Montenegro’s climate goals, but the project has US and EU backing. See here. Kosovo – 27 March 2024 The former head of the US Kosovo Diplomatic Observer Mission, Shaun Byrnes, told the war crimes trial of ex-President Hashim Thaci and three other former Kosovo Liberation Army officers that he never had evidence that they ordered abductions. See here. Croatia – 27 March 2024 Croatia’s Zoran Milanovic knew the courts would knock down his bid to run for the premiership while simultaneously serving as president, but in just raising the idea he has ignited an election campaign that seemed destined to end in another win for his arch-rival. See here. Moldova – 27 March 2024 Moldova's top court has ruled that changes to the electoral code adopted last year – banning fugitive oligarch Ilan Shor's candidates from elections – were unconstitutional. See here. Serbia – 26 March 2024 Serbia’s foreign minister criticised the UN Security Council’s decision not to hold a Russian-proposed debate about NATO’s 1999 air campaign against Yugoslavia, while Kosovo accused Moscow of using the issue to justify its war in Ukraine. See here. See here. Bosnia and Herzegovina – 26 March 2024 High Representative Christian Schmidt used his powers to impose legislation on Bosnia and Herzegovina to introduce new set of rules aimed at ensuring free elections and preventing vote-rigging. See here. Albania – 26 March 2024 Jorgo Goro, who became acting mayor of Himara municipality amid a diplomatic row between Albania and Greece over his election rival’s arrest, was ordered into detention on suspicion that he transferred state land to private individuals. See here. Hungary – 26 March 2024 Peter Magyar says he has handed over to prosecutors a secretly recorded tape of his ex-wife, former justice minister Judit Varga, appearing to admit members of Orban’s government tampered with evidence in a major corruption case. See here. Kosovo – 25 March 2024 Report by rapporteur Dora Bakoyannis advises positive response to Kosovo's Council of Europe membership bid, after it met key criterion when it granted disputed land to a Serb Orthodox monastery last week. See here.

Guernica 37 Chambers and Reporters Without Borders (RSF) call on the European Union to sanction four high-ranking officers of the Delhi police, responsible – directly or indirectly – for exactions against dozens of journalists working or having collaborated with the independent media NewsClick. The arbitrary raid by the Indian police against journalists working for the independent online media NewsClick must not go unaddressed. Toby Cadman and Omar Soliman from Guernica 37 Chambers, specialists in human rights and international criminal law, along with RSF submitted the case to the European External Action Service (the European Union’s diplomatic service) with a request to refer it to Member States to adopt sanctions against four officials of the Delhi police’s counter-terrorism unit, who are implicated in an unprecedented crackdown on journalists in the country. On their orders, members of this Special Cell raided the homes of 46 journalists in the capital and surrounding towns in October 2023. All were journalists, contributors, or former employees of NewsClick, an independent media organisation founded in 2009. More than 480 electronic devices – including telephones and laptops – were seized. Two members of the media company – Human Resources Director Amit Chakravarty and NewsClick founder Prabir Purkayastha – were taken into custody and charged under the draconian UAPA (Unlawful Activities Prevention Act) anti-terrorism law. They have since been detained in Delhi’s Tihar prison. Guernica 37 and RSF are calling for European Union sanctions against these police officers, under a scheme introduced in December 2020 to address serious human rights violations in third countries. These can range from a ban on entering the European Union to the freezing of assets on that territory and the prohibition of doing business with European entities. “The actions of the Delhi Police Special Cell against journalists associated with NewsClick represent one of the most blatant attacks on press freedom in India. These raids, carried out on an unprecedented scale, with the deployment of 500 police officers, are an alarming step in an already worrying context of repression of journalists. These acts of terror require urgent action on the part of the European Union. This would be a strong act to alert the international community on the unacceptable repression of journalists, and a necessary warning to the Indian authorities in the run-up to the general elections.” Celia Mercier, South Asia desk, Reporters Without Borders. Accused by these specialised police unit of receiving illegal Chinese funding, the NewsClick editorial team is mainly targeted for its investigative reporting. Several journalists targeted by the raids had investigated alleged fraud committed by the Adani conglomerate, whose chairman is considered close to current Prime Minister Narendra Modi. Other reporters appear to have been targeted for their coverage of farmers’ protests between 2020 and 2021. The Delhi Police Special Cell, under the direct control of the Home Ministry headed by Amit Shah, is regularly used to intimidate voices critical of the government – this was notably the case during the student protests of 2020 with several arrests of activists protesting against the controversial Citizenship Amendment Act (CAA) reform. “The Delhi Police’s Special Cell seems to be one of the go-to bodies for the government of India to target critics, including journalists. Their speciality lies in the use of the UAPA to target dissidents. Both the UN and multiple foreign governments have warned the UAPA is ripe for misuse by authorities.” Toby Cadman, Barrister and Founder of Guernica 37 Chambers Press freedom has been under constant attack in India since Narendra Modi came to power. In 2023, India fell a further 11 places in RSF’s World Press Freedom Index to its worst ever position of 161st/180th, down from 133rd in 2016.