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The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 21 December 2023 to 28 December 2023. 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. Bosnia - 28 December 2023 The 11 suspects were charged with committing crimes against humanity in 1992 for their involvement in the unlawful detention and inhumane treatment of around 700 Bosniak men and boys, some of whom were killed; see here. Romania - 28 December 2023 Romania and Bulgaria have struck an agreement with Austria to partially join Europe's borderless Schengen travel zone by March 2024, Bucharest and Sofia have confirmed; see here. Bosnia - 28 December 2023 Comment - Bosnia and Herzegovina has extended its deadline for resolving the most complex war crimes cases for a second time – but experts warn that two more years might not be enough to deal with the huge backlog; see here. Montenegro - 28 December 2023 Comment - The past year brought minimal progress in Montenegro’s handling of its wartime past, experts say, with no new war crimes indictments or trials; see here. Serbia - 27 December 2023 Serbia’s Higher Prosecution said it is charging protesters against the December 17 election results with seeking to violently change the constitutional order – a charge that the opposition denies; see here. Serbia - 27 December 2023 Serbian war crimes prosecutors didn’t provide enough evidence to convict wartime Bosnian Serb reservist policeman Nebojsa Mirovic, accused of beating and torturing dozens of Bosniak civilians in Teslic in 1992, the Humanitarian Law Centre argued; see here. Kosovo - 23 December 2023 On a decisive day for Kosovo’s judiciary, the Constitutional Court has reinforced the tenets of justice and democracy. On December 23, 2023, the court delivered a landmark ruling on the proposed amendments for the judicial vetting process, a move initiated by the Speaker of the Assembly, Glauk Konjufca; see here. Albania - 22 December 2023 Albania’s parliament voted Thursday to lift the legal immunity of former Prime Minister Sali Berisha, who leads the opposition Democratic Party and is being probed for possible corruption; see here. Croatia - 21 December 2023 Law student Mihaela Berak warned her friends repeatedly that a police officer she dated briefly was "possessive, deranged and manipulative" before she was shot dead in Croatia. Killed with the officer's service weapon in his apartment, the 20-year-old's death has triggered a firestorm in the Balkan nation just as it prepares to adopt legislation on femicide; see here.

The following media round up on international and foreign policy issues from around the world for the period of 19 December to 27 December 2023. 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. Pakistan – 25 December Former Pakistani Prime Minister Imran Khan was accused of disclosing official secrets without authorisation under s.5 of the Official Secrets Act. Still, the Supreme Court of Pakistan has granted him bail. Khan is charged with compromising state security and fabricating information for his benefit. The Pakistani Election Commission (ECP) was directed by the Supreme Court to address complaints regarding the lack of an impartial and easily accessible procedure for the next general election. The ECP said extending the nomination period by 2 days would help potential candidates and political parties. Tehreek-i-Insaf (PTI), Khan's political party, claimed that the government had rejected Khan's election nomination document. Khan's legal team also stated that Khan would be disqualified from running for the election without suspending the ECP's conviction for corruption charges. In August, the Federal Investigation Agency arrested and detained the vice chairperson of the PTI, Shah Mahmood Qureshi, for wrongful communication of official confidential information as well. https://www.jurist.org/news/2023/12/pakistan-supreme-court-grants-bail-to-former-prime-minister-imran-khan/ Niger – 25 December Niger's military leader, Colonel-Major Amadou Abdramane, has suspended all cooperation with the International Organization of Francophone Nations (OIF) to end ties with former colonial ruler France. The OIF, a French-speaking organisation, promotes political, educational, economic, and cultural cooperation among 88 members. Niger's first elected president, Mohamed Bazoum, was overthrown by a military coup in July, and the National Council for the Safeguarding of the Fatherland (CNSP) has proclaimed itself as the new leader. The CNSP has implemented measures to reject French influence in Niger, including ejecting French diplomats, blocking French media RFI and France24, and urging French troops to leave the country. The CNSP has called for the decolonisation of African people and the establishment of "Pan-Africanism" in the Sahel region. Despite international criticism and sanctions for the coup, the CNSP claimed that the UN Credentials Committee recognised the legitimacy of the new government of Niger in its report A/78/605 of December 6. https://www.jurist.org/news/2023/12/niger-suspends-cooperation-with-international-organization-of-francophone-nations/ Albania – 23 December Albania's Parliament has lifted the immunity of opposition leader and former Prime Minister Sali Berisha following his indictment on corruption charges. Prosecutors sought to strip Berisha of his parliamentary immunity because he breached their decision to report regularly while under investigation. In October, Berisha was charged with corruption and money laundering offences for allegedly using his powers as PM to corrupt senior officials to privatise a state-owned sports complex for his son-in-law, Jamarber Malltezi. Berisha has denied the accusations, claiming they are politically motivated. The US banned Berisha and his family from entering the country in 2021. The decision was announced by US Secretary of State Antony Blinken, who stated that Berisha's corrupt acts undermined democracy in Albania. Albania's political scene has been unstable as tensions between the ruling Socialist Party and the opposition continue to escalate over Berisha's corruption charges. The vote lifting Berisha's immunity puts him at risk of being arrested, and he faces a 4 to 12-year prison sentence if he is found guilty. https://www.jurist.org/news/2023/12/albania-parliament-lifts-immunity-of-opposition-leader-sali-berisha/ Indonesia – 23 December Indonesian 74-year-old Apollinaris Darmawan has been convicted of "blasphemy" for writing a book and posting on social media his criticisms of Indonesia's Muslim leaders and Islamic law. His prosecution violates his rights to freedom of expression and belief protected by the International Covenant on Civil and Political Rights (ICCPR) and other treaties ratified by Indonesia. Darmawan, a retired railway company executive who converted from Islam to Catholicism, was arrested in August 2020 by a Muslim mob and charged with defaming Islam and insulting the Prophet Muhammad on Twitter and YouTube. In December 2020, the Bandung district court convicted Darmawan. Under the Electronic Information and Transaction Law, it sentenced him to 5 years in prison and an 800 million rupiah (US $55,000) fine for blasphemy. Darmawan has been jailed for blasphemy before, including his book Enam Jalan Menuju Tuhan (Six Ways Toward God) in 2009, which critically compared religious teachings and figures, particularly Islam. The United Nations Human Rights Committee has stated that "blasphemy laws … are incompatible with the Covenant." Darmawan's views should not result in prosecution and imprisonment, as he has already served two-thirds of his prison term, making him eligible for parole. https://www.hrw.org/news/2023/12/23/behind-bars-blasphemy-indonesia Cameroon – 22 December Atoh Walter M. Tchemi, a prominent Cameroonian human rights lawyer, was beaten by police during a meeting with a truck driver involved in an accident in Kumba, South-West region of Cameroon. The police took the driver's identity card and license without showing an arrest warrant and ordered him to accompany them to a local police station. Tchemi was beaten, thrown in their van, and had bruises all over his body. At the station, a police commander told him to go home, which he initially refused, intending to bring legal action. The arbitrary nature of Tchemi's beating highlights the risk lawyers take in Cameroon, as they should not be targeted for doing their jobs and should be able to work without fear of harassment or assault. The authorities should promptly, credibly, and impartially investigate Tchemi's attack and issue a public statement reinforcing that abuses against lawyers won't be tolerated. https://www.hrw.org/news/2023/12/22/police-assault-prominent-rights-lawyer-cameroon Israel – 22 December Amnesty International has criticised the United Nations Security Council's adoption of a compromise resolution calling for urgent steps to allow safe and unhindered humanitarian access to Gaza and creating conditions for a sustainable cessation of hostilities. Arguing that the resolution is insufficient in the face of the ongoing carnage and extensive destruction wrought by Israel's attacks in the occupied Gaza Strip. The vote on the resolution, which was watered down significantly to avoid a US veto, fails to call for an immediate halt in the fighting, instead including a call to create conditions for a cessation of hostilities. Amnesty International also criticises the US for stalling and using its veto power to force the UN Security Council to weaken a call for an immediate end to attacks by all parties. The resolution seeks to establish a mechanism to expedite humanitarian aid deliveries to Gaza. Amnesty International has been calling for an immediate ceasefire by all parties since October 26 to put an end to unlawful attacks and protect civilians in Israel and the Occupied Palestinian Territories. https://www.amnesty.org/en/latest/news/2023/12/israel-opt-adoption-of-un-resolution-to-expedite-humanitarian-aid-to-gaza-an-important-but-insufficient-step/ Malawi – 22 December Malawi's government is jeopardising refugee rights at the Dzaleka refugee camp by expelling an important refugee rights group, INUA Advocacy. The Malawian Ministry of Homeland Security terminated its partnership with INUA Advocacy in November 2023, ordering it to vacate the camp. The group had been providing independent scrutiny of the human rights situation at the camp. The Malawian authorities should stop targeting those exposing abuses against refugees and advocating for refugee rights. INUA Advocacy and other organisations demanding respect for human rights and accountability in the treatment of refugees should be allowed to operate without fear of being deregistered or targeted by the authorities. The government's encampment policy restricts the freedom of movement of refugees and asylum seekers by requiring them to live in the camp. The group has lobbied for amending the law requiring refugees to live in the camp indefinitely and to enshrine refugees' rights to freedom of movement, work, and education. https://www.hrw.org/news/2023/12/22/malawi-rights-group-expelled-refugee-camp Thailand – 21 December Thailand is set to become the 3rd country in Asia to legalise same-sex marriage, marking a significant step towards LGBTI rights. The Bills, introduced by the lower house of Thailand's Parliament, aim to recognise same-sex marriage and set a bold example for LGBTI rights in the region. However, much work still needs to be done for their complete protection. The final version of the draft legislation must not water down calls for the full spectrum of the right to family life, including access to adoption and inheritance for LGBTI couples and legal recognition of same-sex couples as 'spouses' on an equal footing with different-sex couples. Amnesty International Thailand Researcher Chanatip Tatiyakaroonwong believes that if the legislation passes on 1st reading, Thailand's Parliament should prioritise the immediate adoption of the law, demonstrating to the LGBTI community that they are listening and valuing their voices. https://www.amnesty.org/en/latest/news/2023/12/thailand-same-sex-marriage-law/ Guinea – 21 December Guinea's landmark trial over the 2009 stadium massacre has entered a new phase, with 7 witnesses testifying. Judges have heard from each of the 11 accused, including former President Moussa Dadis Camara, and over 100 victims, including victims of sexual violence. The massacre was one of the most brutal incidents in Guinea's history, with security forces opening fire on peaceful protesters in Conakry. Over 40 witnesses are expected to testify. The trial's recent progress follows an unprecedented incident, with four of the highest-level accused, including former President Dadis Camara, leaving the detention facility with armed forces on November 4. Security at the prison is a significant challenge, and victims and lawyers have reported facing security threats. Guinea's international partners, including the European Union, the United States government, the United Nations human rights office, and the UN's team of experts on sexual violence in armed conflict, should engage Guinean authorities to ensure that recent challenges, especially relating to security for victims, lawyers, and the accused, are surmounted. https://www.hrw.org/news/2023/12/21/guinea-massacre-trial-rebounds-after-prison-break Lithuania – 21 December Human Rights Watch has submitted a report to the Committee on the Rights of the Child regarding protecting education from attack. The submission focuses on the Safe Schools Declaration, an inter-governmental political commitment that allows countries to express support for protecting students, teachers, and schools during armed conflict. The UN Secretary-General encouraged all governments to endorse the Declaration in June 2022, and as of October 2023, 118 states have endorsed it. Lithuania has also strongly supported Ukraine following its full-scale invasion by Russia, endorsed the Declaration in 2019 and adopted an action plan for its implementation in 2021. As of January 2022, 1,000 Ukrainian military officials had been trained in the Safe Schools Declaration and the guidelines. In July 2022, a high-level military order was issued to restrict military use of educational facilities further. Human Rights Watch recommends that the Committee ask the Lithuanian government to endorse and implement the Safe Schools Declaration and ensure that Lithuanian laws, policies, and training protect schools and universities from military use during armed conflict. https://www.hrw.org/news/2023/12/21/lithuania-submission-un-committee-rights-child Guatemala – 20 December Amnesty International has demanded the release of former prosecutor Virginia Laparra, who was sentenced to four years in prison for the crime of abuse of authority in December 2022. The United Nations Working Group on Arbitrary Detention declared her detention arbitrary in May 2023, calling for her immediate release. However, Laparra has been jailed for 22 months, far from her daughters and family. The Supreme Court of Justice has suspended the hearing to consider an appeal that could allow her conditional release. Amnesty International urged the Guatemalan authorities to heed the United Nations Working Group's and the international community's call to release her immediately. The Guatemalan justice system's widespread criminalisation of justice officials, journalists, and human rights defenders who have fought corruption and impunity has forced dozens of people into exile in recent years. It is estimated that at least 45 prosecutors and judges have been forced to flee Guatemala since 2018 to avoid facing the same fate as Virginia Laparra: an unjust and baseless prosecution that would send them to prison. https://www.amnesty.org/en/latest/news/2023/12/guatemala-amnistia-internacional-exige-libertad-de-virginia-laparra-a-un-ano-de-su-injusta-condena/ Iran – 20 December Iranian female football fans were allowed to cheer for their favourite teams at the Tehran Football Derby on December 14, marking the first time in years that women and girls have been allowed to attend stadium games. For nearly 4 decades, Iranian authorities have banned girls and women from watching football and other sports in stadiums, leading to arrests, beatings, detention, and abuses against women and adolescent girls. In September 2019, a female football fan, Sahar Khodayari, was sentenced to jail for trying to enter a stadium and died by suicide in front of Tehran's revolutionary court. In October 2019, FIFA set a deadline for Iran to allow women and girls stadium access. Still, the Iranian government has used various tactics to restrict the number of women and girls at stadiums. Iranian women campaigned against the stadium ban for over 15 years and called out FIFA's failure to use its influence on the Iranian Federation to end the discriminatory ban. https://www.hrw.org/news/2023/12/20/win-iranian-women-football-fans China – 19 December Chinese activist Li Qiaochu is set to face trial on charges of "inciting subversion of state power," according to Amnesty International. The trial aims to silence rights activism in China, with minimal evidence of guilt by association. Since 2019, Li has been repeatedly detained, first for running a blog sharing articles written by her jailed partner, Xu Zhiyong. The trial highlights the deeply repressive environment for human rights advocates in China, even when their activities are peaceful and protected under international law. Amnesty International calls for an independent investigation into her allegations, allowing her to seek medical care. Li Qiaochu is on trial solely for exercising her right to freedom of expression and must be released. She has been detained for almost three years and faces a sentence of up to 5 years in prison or longer if deemed a ringleader. Human rights defenders in China continue to face intimidation, harassment, arbitrary detention, and torture for defending human rights and exercising their freedoms of expression and association. https://www.amnesty.org/en/latest/news/2023/12/li-qiaochu-trial-china/ Yemen – 19 December Human Rights Watch has condemned the Houthi authorities in Yemen for sentencing a human rights defender to death on charges of espionage and "aid[ing] the enemy." Fatima Saleh al-Arwali, a 35-year-old human rights defender and former head of the Yemen office of the Arab League's Union of Women Leaders, was convicted and sentenced to death in Sanaa, Yemen. Arwali had no legal representation at the trial and had only been able to contact her family twice since her arrest in August 2022. The Houthi Security and Intelligence Service (SIS) forcibly disappeared Arwali and provided no access to legal counsel. The repression of human rights defenders and women's rights activists in Houthi-controlled territories is reaching terrifying new levels. Fatima Al-Arwali, a Yemeni woman detained in Houthi prison, has been subjected to systematic abuse and torture. Her family has attempted to visit her multiple times, but the intelligence service has blocked the visits. Arwali is reported to be kept in a mouldy room without a window and has been subjected to sexual assault and virginity tests. The Houthi government has sentenced 350 people to death since 2014 and executed 11 of them. There have been calls for a fair trial for Fatima and the end of widespread repression against women and human rights defenders in Yemen. The Houthi government should give her a fair trial and end their repression. https://www.hrw.org/news/2023/12/19/yemen-houthis-sentence-woman-death

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 14 December 2023 to 21 December 2023. 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. Albania - 21 December 2023 Albania’s parliament has voted in favour of a request from the Special Prosecution against Corruption and Organized Crime, SPAK, to lift the immunity from prosecution of former prime minister Sali Berisha; see here. Kosovo - 21 December 2023 Serbia’s telecom company said it will challenge in court a hefty fine imposed by Kosovo’s competition authority for not notifying it about the acquisition of several cable operators; see here. Bulgaria - 21 December 2023 Human Rights Watch makes a submission to the 95th session of the Committee on the Rights of the Child (the “Committee”) and its review of Bulgaria. The submission focuses on the right to education, including the protection of education from attack, and pushback and mistreatment of migrant children by Bulgarian authorities; see here. Romania - 20 December 2023 In a move that has sparked a wave of controversy, Romania’s Senate and Chamber of Deputies have greenlit a bill impacting the nation’s tax evasion laws. The decision decriminalizes tax evasion for sums under one million euros if the defrauded amount is reimbursed within a month of the conclusion of an ANAF (National Agency for Fiscal Administration) audit; see here. Bosnia - 20 December 2023 Stojan Petrovic was sentenced to seven years in prison for raping a woman prisoner at a house used by Bosnian Serb police in the town of Brcko in July 1992; see here. Montenegro - 20 December 2023 Zoran Gasovic, a serving police officer in Montenegro, was arrested for allegedly committing war crimes against civilians in Bosnia and Herzegovina in 1992; see here. Montenegro - 19 December 2023 Do Kwon, the embattled co-founder and CEO of the blockchain firm Terraform Labs (TFL), is required to stay in Montenegro after the Appellate Court in the Balkan country accepted his appeal and revoked the High Court's approval of his extradition to the U.S. or South Korea; see here. Montenegro - 18 December 2023 Blagoj and his fellow protestors demonstrate against the expansion of the Bitola thermal power plant. This project threatens to exacerbate not just the already severe air pollution crisis that blights Bitola, but also nestled in the vicinity of the new Zivojno mine that will feed the power station is Vlaho, the oldest Neolithic settlement in North Macedonia which is rich in archaeological treasures as well as lignite; see here. Bosnia - 18 December 2023 Bosnia's State Investigation and Protection Agency arrested the former director of the state intelligence service, Osman Mehmedagic, and the state court's president, Ranko Debevac, for suspected abuse of office; see here. Kosovo - 14 December 2023 On 14 December 2023, the Court of Appeals Panel in the case of the Specialist Prosecutor v. Salih Mustafa, composed of Judges Michèle Picard, Kai Ambos and Nina Jørgensen, issued the first appeal judgment of the Kosovo Specialist Chambers (KSC) in a case dealing with war crimes; see here.

Guernica 37 barrister Alex Prezanti secures interim measures from the United Nations Human Rights Committee asking Russia to provide proof of life, whereabouts, status of health for and immediate access to legal counsel to Mr Alexei Navalny. Mr Navalny - Russia's opposition leader and anti-corruption activist has been missing inside the Russian prison system since 6 December 2023. In August 2022, Mr Navalny was poisoned with a suspected nerve agent and taken to Germany for medical treatment. On his return to Russia, Mr Navalny was arrested and now faces decades in high-security penal colonies. On 6 December, Mr Navalny went missing. His lawyers and family are unable to obtain information on his fate and whereabouts. This meets the definition of enforced disappearance and violates a plethora of Mr Navalny's fundamental rights. Guernica 37 member Alex Prezanti, representing Mr Navalny's anti-corruption foundation, asked the UN Human Rights Committee to confirm violations of his rights and make an urgent request for information about Mr Navalny's fate and whereabouts. We are pleased to report that on 18 December 2023, the UN Human Rights Committee has issued the requested interim measures. The UN Special Rapporteur on the Situation of Human Rights in Russian Federation has also raised grave concerns on Mr Navalny’s whereabouts and well-being.

The following media round up on international and foreign policy issues from around the world for the period of 12 December to 18 December 2023. 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. India – 15 December The India Supreme Court has suspended the conviction of Afjal Ansari, a member of India’s Parliament from the Bahujan Samaj Party (BSP), in a case filed under the Uttar Pradesh Gangster Act 2007 in a split verdict. This opens the door for his return and highlights the inadequacy of India's judicial system when dealing with accused persons. This case was only overturned when it reached the Supreme Court, with all other courts relying on decisions from lower Courts. It is thought that convictions against him lacked cogent evidence to establish guilt, and the process for bringing charges against him remains outdated. The repercussions of this split verdict may well have further political and legal ramifications regarding the factors needed in exceptional circumstances to overturn decisions that would restore due process and public trust in the justice system. https://www.jurist.org/news/2023/12/india-supreme-court-suspends-mp-afjal-ansari-conviction-based-on-exceptional-circumstances/ Mozambique – 15 December The journalist and newspaper editor João Fernando Chamusse (editor of Ponto por Ponto and a commentator on TV Sucesso) was murdered at his house in Maputo on 14 December. There has been a trend in recent years where journalists have been threatened and intimidated to silence dissent ahead of a general election next year. The Mozambique government has done little to prevent this breach of human rights and give greater reassurances for the protection of journalists. https://www.amnesty.org/en/latest/news/2023/12/mozambique-authorities-must-investigate-killing-of-newspaper-editor-joao-fernando-chamusse/ Brazil – 15 December Members of the UN International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement have been travelling around Brazil to gather evidence regarding police brutality. This was triggered after the George Floyd Incident in America. It is thought that Brazilian police kill more than 6000 people per year, with approximately 83% of the victims being black. A national public security plan which includes measures to curb killings by police and addresses systematic racism has been called for. A report based on the findings of this UN team to present to the UN Human Rights Council is expected at the end of next year; it is thought that they will ask Brazil to ground public security in human rights standards. https://www.hrw.org/news/2023/12/15/un-experts-call-brazil-end-brutal-police-violence UAE – 14 December UAE authorities have brought charges against 87 defendants in counterterrorism law in reaction to a pro-human rights advocacy group formed in 2010. The prominent activists and dissidents are currently serving prison sentences or have faced sham trials and arbitrary detention. The sentences are disproportionately harsh as a deliberate attempt to scare anti-government sentiment from rising again. Considering the UAE's promise to meet its human rights obligations at the COP28 conference, this comes as a surprise. Some of those arrested on this occasion have been previously detained in other sham trials where they have been accused of undertaking illegal action against the government. This raises concerns that UAE authorities are violating the principle of double jeopardy, and those convicted were not allowed to contact the outside world to seek help or explain they were facing new charges; prisoners were held in solitary confinement and made to sign documents confessing to committing terrorist acts. https://www.hrw.org/news/2023/12/14/uae-prominent-critics-face-new-charges Greece – 14 December An official investigation has begun but has made little progress into the actions and omissions of the Hellenic Coast Guard, which contributed to the loss of life in the shipwreck off Pylos (Greece) six months ago. The event took place when an overcrowded fishing trawler capsized on June 14th, leading to the death of more than 600 people. It had started its journey from Libya with 750 migrants and asylum seekers on board who came from Syria, Pakistan, and Egypt. It is thought that more than 15 hours elapsed from the SOS call being made and received to the search and rescue fleet being launched. The coast guards have also suggested that people on the vessel did not want to be rescued. Despite these claims, the Coast Guard had an obligation to take all measures necessary to save the survivors. Independent investigations for newspapers have substantiated these claims. The criminal and naval courts are undertaking investigations, as well as the Greek ombudsman. https://www.amnesty.org/en/latest/news/2023/12/greece-6-months-on-no-justice-for-pylos-shipwreck/ Tunisia – 13 December The Tunis Military Court of First Instance has decided to convict leading opposition figure Chaima Issa of inciting the army to disobey orders, spreading false news, and committing an offensive act against the president. The court has sentenced her to a 12-month suspended prison sentence after a comment she made about the military's role in legislative elections. These baseless investigations and reactions to her exercising fundamental human rights are thought to be used to weaponise public opinion against her. She was convicted of spreading “false rumours” “under Article 24 of Decree-Law 54, as well as “inciting the military to disobey orders” under Article 81 of the Code of Military Justice and “committing an offensive act against the President” under Article 67 of the Penal Code. This comes after growing concern that Tunisia's military courts are being used to prosecute civilians critical of the recent power grab by President Saied. Under fundamental human rights, the military courts should only be used for Armed Services members. Other political activists are also facing additional bogus charges in civilian courts for similar confected charges. https://www.amnesty.org/en/latest/news/2023/12/tunisia-quash-military-court-conviction-against-prominent-activist-chaima-issa/ Nepal – 13 December An earthquake in Nepal’s remote Karnali province has left entire communities without shelter or resources in sub-zero conditions. 1000s of families are sheltering in tents and tarps, and the government has failed to meet the basic needs of survivors. Nepal and its international partners have done little to mitigate the situation. The 6.4 magnitude shock on November 3 killed 154 people; the area worst hit has been chronically underfunded and neglected by the government in terms of infrastructure and improvement for years. Since the earthquake, 32 people, including four children, have died of pneumonia due to a cold. There have also been warnings of a possible cholera outbreak. The government is breaching its constitutional and international human rights obligations to ensure that its people's needs are met and to provide relief. Relief workers are complaining that there has been political interference. This comes less than a year since Nepal suffered a devastating earthquake that killed 9000 people and left millions homeless in 2015. Three years after the earthquake, only 16% of the $4.2 billion pledged in international aid got to the people who needed it; little has been learned since then. https://www.hrw.org/news/2023/12/13/nepals-earthquake-survivors-need-relief-aid-survive-winter Japan – 12 December 3 former soldiers have been found guilty of sexually assaulting a female colleague (Rina Gonoi). This case became particularly noteworthy when Miss Gonoi posted her story on YouTube in 2022; it has been seen as a landmark ruling as Japan begins to introduce legal reforms on sex crimes, such as Penal Code reform in June recognising non-consensual sexual intercourse as rape for the first time and raising the age of sexual consent from 13 to 16 and the limitation period for reporting rape was extended from 10 to 15 years. Japan still has a long way to go to combat a defunct criminal justice system and culture of victim blaming, which undermines the credibility of survivors. Sexual assault survivors are scared to speak out on top of low rates of prosecution and high rates of dropped cases. Ms Gonoi Has also submitted a civil lawsuit against 5 former soldiers and the government for failing to prevent or adequately investigate the assaults. A subsequent investigation published by the Ministry of Defence has found that an entrenched culture of harassment exists in the military. https://www.amnesty.org/en/latest/news/2023/12/japan-rina-gonoi-ruling-a-rare-victory-for-sexual-assault-victims/ France – 12 December The French National Assembly rejected France’s Immigration Control and Integration Bill on Monday at the first reading. The rejection motion was passed by 270 votes in favour and 265 against. The motion was submitted by the National Assembly group “Les Écologistes”. The Bill means to improve deterrence measures for foreigners who are a threat to public order, sanction migrant exploitation and improve border control. The bill also aims to facilitate the regularisation process regarding the entry, residence, and deportation of undocumented migrants. The French independent administrative authority “les Défenseurs des droits” warned against the plan, stating the Bill's objectives may constitute grave human rights breaches. Défenseure des droits, Claire Hédon, alerted against the conditions and the methods with which the Bill was introduced, underscoring the decline of foreigners’ fundamental rights. France’s Immigration Bill is not unique, as other European countries have taken similar measures to deter undocumented migrants and restrict immigration. The French government has since convened a joint commission composed of 7 Deputies and 7 Senators to reach an agreement on the Bill. https://www.jurist.org/news/2023/12/france-national-assembly-rejects-immigration-bill/ Ghana – 12 December Ghana's Human Rights and LGBT groups have come under attack, with the police and officials placing these groups under greater scrutiny with a Bill before parliament proposes heavier criminal penalties for same-sex activities, increasing the maximum penalty from 3 years in prison to 5 and expanding criminalisation for anyone who identifies as LGBT, or as queer, as pansexual, an ally, or any other non-conventional gender identity.  It would also punish anyone providing support or funding or publicly advocating for sexual and gender minorities' rights.  Ghana has also faced a problem with the under-representation of women in politics and an assault on human rights defenders and civil society organisations in recent years.  It is thought that The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021 has heightened attacks against LGBT people. Some politicians have exploited the anti-LGBT sentiment for political gains, and it is hoped that it may go the same way of other African countries like Mozambique, Botswana, Angola, Gabon, and Mauritius in overturning colonial-era laws criminalising same-sex relations and perhaps adopt South Africa's approach of incorporating anti-discrimination laws and embedding human rights standards. If this legislation is passed, it is thought it will imperil fundamental human rights enshrined in Ghana’s 1992 constitution and, at the same time, violate international human rights obligations and principles of non-discrimination and equality in the African Charter of Human and Peoples Rights. https://www.hrw.org/news/2023/12/12/ghanas-anti-lgbt-push-will-harm-its-democracy

President of the Kosovo Specialist Chambers in the Hague Issues a Decision on Modification of Nasim Haradinaj’s Sentence and Grants Early Release On 12 November 2023, the President of the Kosovo Specialist Chambers, Judge Ekaterina Trendafilova, issued a decision in which she decided to modify Mr. Nasim Haradinaj’s sentence to provide for his release on or about 14 December 2023, under the conditions set forth in the decision. These conditions will continue to apply for the duration of the sentence imposed by the Court of Appeals Panel, namely for the remainder of the four year and three-month sentence. The public version of the President’s decision can be found here and the Press Release here. Nasim Haradinaj is represented by members of Guernica 37 Chambers who continue to act in proceedings before the Specialist Chamber of the Constitutional Court.  The referral to the Constitutional Court can be accessed here.

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 8 December 2023 to 14 December 2023. 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. Greece - 14 December 2023 Human Rights Watch and Amnesty International have urged the Greek authorities to secure truth and justice for survivors and families of the victims of the Pylos shipwreck that killed some 600 people; see here. Finland - 14 December 2023 Facing prison, deportation and even conscription into the Russian army, migrants from the Middle East and Africa currently stuck in Russia have been waiting anxiously for Finland’s partial reopening of its eastern border on Thursday; see here. Bosnia - 14 December 2023 Bosnia & Herzegovina is not expected to be approved to start EU accession talks this week, despite calls by MEPs on December 13 for the start of EU accession talks with Bosnia, Ukraine and Moldova in a resolution adopted on December 13; see here. Albania - 14 December 2023 The controversial deal, continuing its path towards its approval in Italy, had been expected to come before Albania’s parliament for approval this Thursday – but a Constitutional Court ruling has put the process on hold; see here. Kosovo - 13 December 2023 Former Kosovo MP and KLA fighter Haxhi Shala did not enter a plea to charges of witness intimidation during his first appearance at the Kosovo Specialist Chambers, saying he needs first to understand the charges better; see here. Bosnia - 13 December 2023 Police find one of Europe's most wanted drug smugglers, Mladen Samardzija, in a luxury pad with drugs, guns and the ex-wife of a top government aide in Bosnia. The arrest comes alongside a U.S. clampdown on corruption and gangsterism in the region; see here. Serbia - 13 December 2023 Serbian Foreign Minister Ivica Dacic on December 13 ruled out the extradition to Kosovo of Milan Radoicic, a Kosovar Serb politician who has claimed he is the sole mastermind of an armed attack on a monastery in Kosovo in September that left several people dead; see here. Bulgaria - 13 December 2023 Bulgarian lawmakers on Wednesday took the first step toward ending a sanctions exemption that has raised millions of euros for Russia, bowing to growing calls for action. The move, while previously planned, came shortly after it was reported that Bulgaria had imported Russian oil above a G7 and EU price cap from August to October, netting €430 million in direct taxes to the Kremlin; see here. Serbia - 11 December 2023 The legal representative of families of 20 non-Serbs abducted and killed in 1993 said the complete trial process, that led to the Belgrade Court of Appeal decision to start over a trial of four wartime Serb fighters for the crime is bitterly disappointing; see here. Kosovo - 8 December 2023 In the biggest war crimes indictment filed by the Kosovo prosecution so far, 53 ex-members of Serbia’s military and police forces have been charged with a 1999 massacre of more than 370 Albanian civilians; see here.

“The Universal Declaration shows the way to common values and approaches that can help resolve tensions and create the security and stability our world craves." UN Secretary-General António Guterres. 10 December 2023 marks the 75th anniversary of one of humanity's landmark global pledges: the Universal Declaration of Human Rights (UDHR). The international community observes Human Rights Day every year. It commemorates the day in Paris in 1948 when the United Nations General Assembly adopted resolution 423 (V). The UDHR set out, for the first time, the ultimate human rights to be comprehensively protected. When the General Assembly adopted the Declaration, it was decreed as a "common standard of achievement for all peoples and all nations", towards which individuals and societies should "strive by progressive measures, national and international, to secure their universal and effective recognition and observance". Available in over 500 languages, it is the most translated document in the world. This revolutionary document enshrines the incontrovertible rights everyone is entitled to, regardless of race, colour, religion, sex, language, political opinion, national or social origin, property, birth, or other status. As the leading United Nations rights official, the High Commissioner for Human Rights (Volker Türk of Austria) and the Office of the High Commissioner play a significant role in coordinating efforts for the yearly observation of Human Rights Day. The year-long initiative seeks to shift the needle of understanding and action towards a better knowledge of the UDHR's acclaim and its associated activism; focusing on progress and engagement culminates in a high-level event in December 2023, which announces global pledges and ideas for a vision of human rights, the 2023 theme is “Freedom, Equality and Justice for All”. Since the adoption of the UDHR, human rights have become more recognised and guaranteed globally, with the UDHR serving as the foundation for an expanding system of human rights protection that focuses on vulnerable groups such as persons with disabilities, indigenous peoples, and migrants. The promise of the UDHR, dignity and equality in rights, has been under an unremitting assault in recent years as the world faces new challenges such as pandemics, conflicts, inequalities, vested interests, racism, and climate change. The values and rights enshrined in the UDHR guide our collective actions. Although the Declaration is not mandatory, it has inspired over 60 human rights instruments, constituting an international standard. Today, the general consent of all United Nations Member States on the basic Human Rights laid down in the Declaration makes it even more imperative. It stresses the relevance of Human Rights in our daily lives. Latest and past observances of Human Rights Day: 2022 – 75th Anniversary of the UDHR 2021 - All human- All Equal 2020 - Recover Better 2019 - Youth Standing Up for Human Rights 2018 - The Universal Declaration of Human Rights turns 70 2017 - The Universal Declaration of Human Rights turns 70 2016 - Stand up for someone's rights today 2015 - Our Rights. Our Freedoms. Always. 2014 - #Rights365 2013 - 20 Years Working for Your Rights 2012 - My Voice counts 2011 - Celebrate human rights! 2010 - Speak up, Stop Discrimination 2009 - Embrace Diversity, End Discrimination 2007-2008 - 60th Anniversary of the Universal Declaration of Human Rights 2006 - Fighting Poverty: A Matter of Obligation, Not Charity 2005 - Torture and the Global Efforts to Combat it 2004 - Human Rights Education

The following media round up on international and foreign policy issues from around the world for the period of 05 December to 11 December 2023. 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. UK, USA & Canada - 9 December To mark the 75th anniversary of ratifying the Universal Declaration of Human Rights. The UK, the US and Canada have announced a series of coordinated sanctions against organisations and individuals linked to Human Rights abuses. The UK has imposed 46 asset freezes on individuals who are thought to be responsible for forced labour in the large-scale online scams in Southeast Asia and travel bans against authorities who repressed citizens for exercising fundamental freedom rights. The US has imposed 37 sanctions across 13 countries in cases where there has been a restriction of access to secondary education for females, arbitrary detentions, and degrading punishment of anti-war protesters. The US has focused on countries with forced labour and repression of human rights. Finally, Canada has imposed 7 sanctions against citizens who have been involved in LGBTQI+ purges, the killing of journalists and mass attacks on civilians. The 3 countries hope their actions will promote accountability for human rights violations in the future. https://www.jurist.org/news/2023/12/uk-us-and-canada-sanction-over-40-individuals-and-entities-for-human-rights-abuse/ Sri Lanka – 9 December An “Independent Commission for Truth, Unity and Reconciliation” is planning to be set up by the Sri Lankan government with the aim of “ensuring an inclusive process in developing legislation that strengthens and safeguards national unity through truth, transitional justice, reconciliation, reparation and social cohesion” in addition it will also aim to prevent further conflicts between ethnic groups such as the Tamils. As a pre-emptive step, Sri Lanka has created the “Secretariat for the Truth and Reconciliation Mechanism” to ensure the Commission is finally established. This has been met with scepticism by Human Rights groups who have had “grave reservations” about Sri Lanka’s previous track record on human rights violations. In a case of the government marking its homework, previous investigations have found that the military has not harmed civilians when outside sources have reported otherwise. 0https://www.jurist.org/news/2023/12/sri-lanka-to-establish-independent-commission-for-truth-and-reconciliation/ Pakistan – 8 December Pakistan is gearing up for Parliamentary elections this coming February. Still, it has been highlighted that there may be some discriminatory devices in Pakistan's electoral law, particularly in the Ahmadiyyah community because of their religious beliefs, where they must renounce their faith or be categorised as “non-Muslim” to be granted a vote. In 2002, Pakistan abolished separate voting systems for Muslims and non-Muslims. The Ahmadis still have no mechanism by which they can vote in elections at any level. The documenting of the Ahmadis also opens them up for attacks and violence because of their registration and opens the door for further persecution. The fact that this is written into the penal code highlights the difficulties that this minority faces in terms of discrimination. This casts serious doubt on the legitimacy of the upcoming national Pakistani elections. https://www.hrw.org/news/2023/12/08/pakistan-denies-voting-rights-religious-community Kenya – 8 December A Nairobi judge has ruled that Meta Platforms Inc (Facebook) is not in contempt of court for failure to pay content moderators, who claim that they were unfairly dismissed because of union organising efforts; they also felt they were blacklisted from applying for similar jobs. Evidence has suggested that this form of work has a more significant mental strain on those undertaking it than was first thought. As a result, those who undertake this work demand that employers have a duty of care if their employees undertake such work. This is not the first time Meta has been accused of not treating its employees sufficiently well. https://www.jurist.org/news/2023/12/kenya-judge-dismisses-contempt-of-court-charges-against-meta/ Nigeria – 7 December An Islamic religious celebration in north-western Kaduna state on December 3 was hit by an Army Airstrike, which killed 85 people and severely injured many others. This is not the first time this has happened. Previously, people have been hit when gathered for Maulud, a Muslim religious event, in the Tundun Biri community in Igabi Local Government Area of Kaduna state. These airstrikes require much scrutiny to protect civilian lives. Since 2017, 300 people have been killed by security force air strikes; the security forces have responded by saying that their targets were bandits or members of the Boko Haram terror group. The government has given little explanation or shown accountability; it is thought that this is a breach of international humanitarian law as it may amount to a non-international armed conflict where civilian casualties have not been minimised. On December 5, President Bola Ahmed Tinubu called for an investigation into the incident in Kaduna, but this could be seen as a whitewash to appease Human Rights organisations. https://www.hrw.org/news/2023/12/07/nigeria-erroneous-military-airstrike New Zealand – 7 December Protests have taken place in New Zealand after the government released plans for a policy change regarding Maori (indigenous people) rights; the protests were triggered after the Te Pati Maori (The Maori Party) called upon its members and other sympathetic parties to protest the new parliament being sworn in. The centre-right coalition has opposed legislation removing co-governance systems, reducing government agencies' use of the Maori language and a treaty redefinition in a “more modern” setting. The Treaty of Waitangi is threatened to be tampered with; it was created by the British Crown and Maori and promised certain rights and privileges to the Maori people. While the treaty in its original form is less relevant in modern times, it was codified in the Treaty of Waitangi Act of 1975, which states what parts of the treaty must be adhered to. (“Protests break out in New Zealand over changes in government policy ...”) The new Prime Minister, Christopher Luxton, defended the decision to change the treaty, saying that the government was endeavouring to discuss what the treaty means to New Zealanders today. King Tūheitia has called a “National Hui” (meeting) between Iwi (tribes) to discuss the united stance the Maori should take. https://www.jurist.org/news/2023/12/protests-break-out-in-new-zealand-over-changes-in-government-policy-toward-indigenous-maori/ Iran – 6 December Security forces in Iran are being accused of using rape and sexual violence of both men and women for torture purposes to intimidate and punish peaceful protests during a “woman life freedom” March in 2022. An Amnesty International report has spoken to 45 survivors who have made these accusations. Iranian authorities have not charged or prosecuted anybody as a result. It is thought that the legal system in Iran is complicit in this cover-up. Despite being approached with this report and information as to the sexual violence, the Iranian government has yet to comment. https://www.amnesty.org/en/latest/news/2023/12/iran-security-forces-used-rape-and-other-sexual-violence-to-crush-woman-life-freedom-uprising-with-impunity/ Bahrain – 6 December 13 people have been sentenced to prison by a Bahraini court after a trial which has been seen as unfair because of issues with due process and torture allegations to elicit confessions. A string of free expression, assembly and due process violations has marred Bahrain for some time. The case is scheduled for review at the Appellant court. The 13 were carrying out a peaceful demonstration which took place in April 2021 in response to the death of a prison inmate who, in turn, was imprisoned for attending a pro-democracy protest. "In 2021, Bahrain’s Special Investigation Unit (SIU) and the Interior Ministry Ombudsman initiated separate investigations into the incidents surrounding the protest and the response by the prison authorities." (“Bahrain Unjustly Convicts 13 in Mass Trial | Mirage News”) However, the first report has yet to be submitted and cannot be tracked, and the second report explained in its findings that nothing untoward had happened. Various Human Rights organisations have held both reports to be unsubstantiated in their approach and likely seen as a whitewash. Defendants were not allowed to attend their hearings regarding the trial and denied the defence lawyer's requests. https://www.hrw.org/news/2023/12/06/bahrain-13-people-convicted-unfair-mass-trial El Salvador – 5 December Amnesty International has produced a report suggesting that El Salvador has been complacent in their human rights provisions for its citizens. The organisation believes that the country has a deepening punitive and repressive focus on public security, systematic use of torture against prisoners and the deployment of a series of governmental actions that restrict civic space; it is also thought that El Salvador is trying to weaken the independence of its judicial branch and brutalising its criminal justice system as well as concealing public information, accountability, regulatory and investigatory mechanisms when these have been investigated. The report highlights the dangers of permanent legal reforms under the pretext of facilitating the implementation of the state of emergency that El Salvador claims to be in. https://www.amnesty.org/en/latest/news/2023/12/el-salvador-policies-practices-legislation-violate-human-rights/ Ukraine – 5 December As the war in Ukraine continues, the European Commission has emphasised the plight of people with disabilities as a priority over the next 12 months as part of the EU accession process. The Commission's report calls on Ukraine to guarantee the rights of people with disabilities and ensure that rebuilt infrastructure is accessible. The Commission feels this is an excellent opportunity for people with disabilities in Ukraine to be offered a better quality of life. The “UN Convention on The Rights of Persons with Disabilities” " which Ukraine joined in 2010, it needs to keep up to date with some of the parameters necessary to guarantee human rights to its disabled population, especially with the deinstitutionalisation of many of those living with disabilities in Ukraine. A generous financial package from the EU can help this. https://www.hrw.org/news/2023/12/05/eu-commission-highlights-disability-rights-ukraine

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 1 December 2023 to 7 December 2023. 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 - 7 December 2023 Valon Syla welcomed the verdict of Pristina Basic Court, which handed two-year prison sentences to three persons accused of attacking him, and who he described as 'Islamic fanatics'; see here. Romania - 7 December 2023 When a mayor of a small Romanian town casually mentioned in an interview that she had voted in favour of a referendum that sought to ultimately ban same-sex marriage, it unleashed a maelstrom that now threatens to become a key issue in elections next year; see here. Croatia - 6 December 2023 Keir Starmer’s experience of seeking to prove a genocide at The Hague has helped his response to the Gaza conflict, say fellow lawyers on the case, but some Labour MPs think otherwise. “He [Starmer] was in charge of the [legal] presentation of Vukovar, the city that suffered the most during the war; see here. Albania - 6 December 2023 Opposition MPs took the refugee agreement between Albania and Italy to the country's Constitutional Court on Wednesday, calling it a 'flagrant violation' of the constitution and international law; see here. Hungary/Poland - 6 December 2023 Hungary is another EU country along with Poland that is being sued in civil court by the pharmaceutical company Pfizer over its refusal to take delivery of and pay for COVID-19 vaccines that it had agreed to, the Hungarian government confirmed on Wednesday; see here. North Macedonia - 6 December 2023 North Macedonia said it expects the rapid extradition of the main suspect for the gruesome murder of two people, including a 14-year-old girl, following his arrest in Turkey; see here. Bosnia - 6 December 2023 The trial of Bosnian Serb leader Milord Dodik has opened at a court in the Bosnian capital, Sarajevo, where the contentious leader is facing charges of ignoring rulings from an international envoy that oversees the country’s peace accords; see here. Bosnia - 5 December 2023 A man in Bosnia killed his wife and streamed the murder live on Instagram. In neighboring Serbia, 27 women were killed in gender-based attacks this year, despite efforts to raise awareness and reverse the trend. Activists in Kosovo say violence against women there is a “national emergency”; see here. Bosnia - 4 December 2023 Seven former Bosnian Serb Army officers and soldiers were charged with the capture and killing of 65 Bosniaks in the Sekovici and Vlasenica areas in July 1995 as the victims were fleeing Srebrenica; see here. Kosovo - 4 December 2023 Court imposes tougher rules for visits to Kosovo ex-President Hashim Thaci and his co-accused at The Hague, citing the risk of witness-tampering and interference with proceedings; see here.

The following media round up on international and foreign policy issues from around the world for the period of 28 November to 04 December 2023. 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. Andorra – 1 December The abortion activist Vanessa Mendoza Cortés has been charged with criminal defamation for voicing concerns about Andorra's total abortion ban at a meeting of the United Nations Committee on The Elimination of Discrimination Against Women (CEDAW); this is not the first time this has happened; in 2020 the Public Prosecutor brought 3 criminal defamation charges against Ms Cortés, but international outcry saw 2 of the charges dropped against her. Andorra is the only country in Europe with a total abortion ban. Defamation law is still used to attack human rights activists. https://www.amnesty.org/en/latest/news/2023/12/andorra-activist-on-trial-for-raising-concerns-about-total-abortion-ban-at-un-meeting/ Tanzania – 1 December The McEnroe tennis brothers John and Patrick are due to host a luxury tennis safari tour in Tasmania's conservation area Ngorongoro (NCA), where the indigenous Masai people are protesting about their forced eviction from ancestral homes. The "Epic Tasmania Tour" has been organised by a private travel company and endorsed by the Tasmanian Government, accused of having little regard for the Masai community and who, in 2021, devised a plan to relocate all 28,000 residences 600 km away by making conditions more difficult and defunding initiatives. Critics of the Tanzania Government describe how they are putting tourism above indigenous peoples' rights. https://www.hrw.org/news/2023/12/01/tanzania-tour-risks-whitewashing-maasai-forced-evictions Malta – 30 November The Maltese Attorney General has indicted the ‘El Hiblu 3’ (named after their rescue ship) 3 young West African men, for allegedly attempting to stop their illegal return to Libya by a boat that rescued them at sea in 2019; they could face trial and possible life imprisonment. They were asylum seekers attempting to escape the brutal fighting and regime in Libya; the captain of the ship illegally tried to return the asylum seekers to Libya. The enquiry has highlighted several procedural and human rights violations for treating under 18s as adults. They are accused of trying to convince the captain to return them to Libya and change course elsewhere. https://www.amnesty.org/en/latest/news/2023/11/malta-indictment-of-el-hiblu-3-the-worst-possible-decision/ Afghanistan – 30 November 4 women's rights activists Zhulia Parsi, Neda Parwani, Manizha Sediqi and Parisa Azada, have been arbitrarily detained by the Taliban because they've spoken out against threats and torture of women protesters. This shocking action has seen an upsurge since the Taliban re-took the country in August 2021. Women immediately stood up and fought the Taliban over women's rights; the Taliban responded with violence, detention, and torture. The families of the women are terrified of concealing their arrests for fear of reprisals and abuse of their families in custody. https://www.hrw.org/news/2023/11/30/womens-rights-activists-under-attack-afghanistan USA – 29 November The US Department of Justice (DOJ) has announced an indictment for Nikhil Gupta for an unsuccessful plot to murder a US citizen, a Sikh separatist who was a vocal critic of the Indian Government and wanted succession of Punjab from India. Evidence against Mr Gupta highlights him making payments to an assassin and giving directions for the murder to an undercover US agent. Mr Gupta was arrested in the Czech Republic in June 2023 at the request of the US. This news comes after Canadian Prime Minister Justin Trudeau made accusations that the Indian Government had carried out similar assassinations of the Sikh Community, thus triggering a decline in Canadian Indian relations. https://www.jurist.org/news/2023/11/us-doj-announces-indictment-against-india-national-for-assassination-plot-against-sikh-separatist/ Zimbabwe – 29 November The opposition MP Job Sikhala has had his guilty verdict for obstructing justice overturned by the Zimbabwe High Court; however, it appears that he will remain in prison on other charges to prevent his release, as he has been seen as a critic of the current Government. He has already spent more than 500 days in detention. Critics of the Government have said that the Zimbabwe authorities are weaponising the law to target activists and opposition figures. https://www.amnesty.org/en/latest/news/2023/11/zimbabwe-continued-detention-of-former-opposition-mp-job-sikhala-a-travesty-of-justice/ Canada – 29 November The Canadian province of Alberta invoked its controversial "Alberta Sovereignty Act" on Monday in response to a National Canada federal clean energy initiative. The Sovereignty Act is a mechanism that urges the Government to use all legal means to oppose implementation or enforcement. Alberta has taken this step because implementing such measures will instantly make it impossible for Alberta to meet any standards imposed, thus breaking the law. The Sovereignty Act was introduced in November 2022 by Danielle Smith, the premier of Alberta, who was unwilling to let Ottawa interfere in Alberta's constitutional areas of jurisdiction more. Smith is also going to be present at the COP28 conference. https://www.jurist.org/news/2023/11/alberta-invokes-sovereignty-act-over-federal-environmental-regulations/ Pakistan – 28 November Imran Khan (The former prime minister of Pakistan) was denied an open court trial on Tuesday over personal safety concerns. The planned open trial where he was accused of leaking state secrets failed. The original accusations come from a speech he made where he claimed he had a letter proving the US had an involvement in his removal. Khan was indicted in October alongside Vice Chairman of the Pakistan Tehreek-e-Insaf (PTI) Party and Shah Mahmood Qureshi. If found guilty, all 3 could face the death penalty. The Pakistan Judiciary and Government have clashed over Khan's trial, with the Government wanting to hold it in jail, but the Islamabad High Court declared this was illegal and ordered an open court trial. As a result, the trial will begin again in public but in the original jail, open to the media and the public. https://www.jurist.org/news/2023/11/imran-khan-denied-open-court-trial-due-to-safety-threats/ Lebanon – 28 November The Lebanese Parliament and Justice Committee is accused of conjuring up a new media law behind closed doors that has yet to be scrutinised. If passed, this would severely curtail freedom of speech and press freedom in Lebanon and undermine human rights safeguards; it retains a prison term of up to 3 years for insulting "recognised religions". It upholds criminal penalties and could see an increase in prison sentences and fines for insults and defamation, which have been used as tools to silence human rights defenders, journalists, and critics. The impending legislation is meant to update the current publications law of 1962 and the Audiovisual Law of 1994. The Government and Judicial Committee have justified this by saying that they have responded to proposals by the United Nations Educational, Scientific and Cultural Organisation (UNESCO); however, this has been disputed, and it is being seen as legislation by the back door. https://www.amnesty.org/en/latest/news/2023/11/lebanon-proposed-media-law-poses-grave-threat-to-freedom-of-expression/ Mexico - 28 November Mexico’s Jalisco state announced on Sunday that the body of Environmental Defender and Anti-mining activist Higinio Trinidad de la Cruz had been discovered by what looks like a gunshot wound found between the states of Jalisco and Colima. He was of Ayotitlán descent (indigenous community of Ayotitlán in Jalisco) and a member of Jalisco’s State Indigenous Council. He was famous for taking an active part in exposing land disposition by mining interests. This comes in light of a free speech annual report that highlighted that Mexican journalists faced record levels of harassment, violence, and intimidation in 2022. The report cited security forces and state actors as responsible for this discrimination. https://www.jurist.org/news/2023/11/mexico-anti-mining-activist-higinio-trinidad-de-la-cruz-found-dead-in-jalisco-state/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 24 November 2023 to 30 November 2023. 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 - 20 November 2023 Prosecutors in the war crimes trial against former Kosovo president Hashim Thaçi accused him and two of his co-defendants of attempting to “obstruct the proceedings” by revealing the identities of protected witnesses and trying to interfere with their testimony. On November 17 they asked the Kosovo Specialist Chambers for stricter detention measures for the three men; see here. Albania - 30 November 2023 Tightening the screws on Tirana, Athens says it will block Albania’s EU accession path if Albania does not allow the arrested ethnic Greek mayor-elect of Himara, Fredi Beleri, to assume office; see here. Kosovo - 29 November 2023 Smoke bombs were thrown and six protesters arrested as they tried to prevent the president of the Hague-based Kosovo Specialist Chambers war crimes court from holding an event in Pristina; see here. Kosovo - 29 November 2023 The prosecution in Pristina said a Serb has been charged with participating in the 1999 Dubrava Prison massacre, when Serbian security forces shot dead 90 to 130 ethnic Albanian inmates during the Kosovo war; see here. Serbia - 28 November 2023 Critics of Serbia’s nationalist government who have documented the country’s endemic corruption were targeted with military-grade spyware earlier this year, according to new findings by security researchers; see here. Bosnia - 27 November 2023 Predrag Markocevic and Marinko Djuric, who were police officers in the town of Teslic during the war, were cleared of involvement in the illegal detention and killing of Bosniaks and Bosnian Croats in 1992; see here. Hungary - 27 November 2023 The European Court of Human Rights (ECHR) began hearing the case of Hungarian constitutional lawyer Daniel Karsai on Monday, in what observers say has raised long-overdue debates in Hungary about self-determination and ending life with dignity; see here. Montenegro - 24 November 2023 Do Kwon, the entrepreneur behind the $40bn collapse of crypto token TerraUSD, can be extradited to either the US or South Korea to answer fraud charges following a court ruling in Montenegro; see here. Croatia - 24 November 2023 Pressure is building on the Karlovac region of Croatia, situated on the shortest route between Bosnia and Slovenia for refugees and migrants trying to reach western Europe; see here.