Impunity Watch: Europe

Swiss Ban on Building of Minarets Denounced as Violation of Religious Freedom

By Elizabeth A. Conger
Impunity Watch, Europe

GENEVA, Switzerland - In a vote on Sunday, Swiss voters overwhelmingly voted to impose a national ban on the construction of minarets. The vote was a part of a referendum drawn up by the far right. The referendum was initiated when the Swiss People's Party (S.V.P.), joined by a small religious party, proposed the insertion of a single sentence into the Swiss Constitution, banning the construction of minarets.

The referendum passed with majority of fifty seven and a half percent of the voters in twenty two of Switzerland's twenty six cantons. Because it gained a majority of votes and passed in a majority of the cantons, the ban will now be added to the Swiss Constitution.

Pre-referendum polls had indicated that a majority of Swiss voters would have voted against the proposal. The tide turned in the wake of a controversial campaign which aggressively played upon fears of increased Muslim immigration and the spread of Islamic values in Switzerland. These same sentiments have reverberated throughout Europe recently; especially in France, where there has been talk of banning the full Islamic veil.

Geert Wilders, head of the Dutch anti-Muslim Freedom Party, called for a similar referendum in the Netherlands. He said: "It's the first time that the people in Europe have stood up to a form of Islamisation." The Freedom Party's popularity has been growing steadily in recent years.

 
Photo: A campaign ad run by the Swiss People's Party in support of the ban on the construction of minarets in Switzerland. [Source: TimesOnline]

The Swiss Constitution guarantees freedom of religion, but the addition of the sentence regarding the prohibition on the construction of minarets calls into question the status of religious freedom in Switzerland. Furthermore, human rights organizations have said that the change to the Swiss Constitution breaches guarantees on religious freedom in the European Human Rights Convention. Amnesty International has said that the vote violates freedom of religion and would likely be overturned by the Swiss Supreme Court or the European Court of Human Rights.

David Diaz-Jogeix, Amnesty International's deputy program director for Europe and Central Asia, said:

"That Switzerland, a country with a long tradition of religious tolerance and the provision of refuge to the persecuted, should have accepted such a grotesquely discriminatory proposal is shocking."

The Conference of Swiss Bishops criticized the results, saying that it "heightens the problems of cohabitation between religions and cultures." The Swiss government also opposed the vote and sought to reassure the Muslim population that the ban on minarets was "not a rejection of the Muslim community, religion or culture."

There are roughly four hundred thousand Muslims in Switzerland, a country with a population of seven and a half million. Nearly ninety percent of Swiss Muslims originate from the Balkans and Turkey, and the majority do not observe strict codes of dress and conduct. Currently, only four Swiss mosques out of one hundred and fifty have minarets, and none conduct the call to prayer.

Swiss Justice Minister Eveline Widmer-Schlumpf said that the ban "reflects fears among the population of Islamic fundamentalist tendencies," and that such concerns "have to be taken seriously." She added:

"The Federal Council takes the view that the ban on the construction of the new minarets is not a feasible means of countering extremist tendencies."

Farhad Afshar, head of the Coordination of Islamic Organizations in Switzerland, said: "Most painful for us is not the minaret ban, but the symbol sent by this vote...Muslims do not feel accepted as a religious community."

Swiss officials, media, and business leaders expressed shame over the vote, saying that it has stigmatized the country's Muslim population and marred Switzerland's reputation in the Muslim world. In contrast, rightist leaders in France, Austria, Italy and the Netherlands applauded the vote, hailing it as a triumph of the Swiss people against the elitist government.

The Vatican condemned the minaret ban as an infringement of religious freedom.

Babcar Ba, a senior official of the Organization of the Islamic Conference, warned of an "upsurge of Islamaphobia" in Europe. Ba said:

"The main thing is to keep calm and to realize how much work still needs to be done to defend basic freedoms...We must do this by taking a constructive part in the debate on all issues which cause fear and concern, and try to bring people together to confront extremism."

For more information, please see:

BBC - Vatican and Muslims condemn Swiss minaret ban vote - 30 November 2009

Guardian - Swiss ban on minarets draws widespread condemnation - 30 November 2009

TimesOnline - Europe unites to deplore Swiss ban on minarets - 30 November 2009

NY Times - Swiss Ban Building of Minarets on Mosques - 29 November 2009

Irish Police, Catholic Church Covered Up Child Sex Abuse

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

DUBLIN, Ireland – A 720-page report was released on Friday November 27 detailing multiple instances of sexual abuse against children perpetuated by Irish Catholic priests. Dozens of these crimes were allegedly covered up by Irish police and the Church between 1975 and 2004.

The report indicates that 46 priests had 320 complaints filed against them during that twenty-year period, most of which were not addressed because of collusion between Catholic clergymen and Ireland’s police. This improper relationship between senior members of the police and the Church in Dublin caused hundreds of occurrences to go unnoticed until now.

Rather than investigate complaints lodged by children and their parents, officers instead reported the matters directly back to the Church. This allowed the Dublin Catholic diocese to move dozens of clergymen to other areas, and even in one case, flee the country.

The Irish Republic and the United Kingdom will further investigate 80 of these allegations. Each will then be sent to Ireland’s Director of Public Prosecutions (DPP), who will decide whether to bring charges against complicit clergymen and police officers.

Ireland’s Police Commissioner, Fachtna Murphy, has made certain that Irish authorities will include a probe into the handling of complaints by police in all cases. Ultimately, DPP will decide whether sufficient evidence exists to bring charges against colluding police officers.

In a statement to the press, Mr. Murphy stated: “The commission has identified failings on the part of both Church and state authorities in their response to complaints of child sexual abuse. The focus of this examination will be to establish whether those failings amounted to criminal behaviour."

Mr. Murphy also expressed regret on the part of Irish police for failing to act: “Because of acts or omissions, individuals who sought assistance did not always receive the level of response or protection which any citizen in trouble is entitled to expect.”

For more importation, please see:

ABC News – Priests, police hid years of child sex abuse – 28 November 2009

Belfast Telegraph – Inquiry uncovers 80 new cases of child abuse by Catholic priests – 28 November 2009

New York Times – Report Says Irish Bishops and Police Hid Abuse – 26 November 2009

Burlesconi Corruption Trial Begins Next Week

By Kenneth F. Hunt
Impunity Watch Reporter

ROME, Italy – The corruption trial of Italian Prime Minister Silvio Berlusconi is set to resume next week on Friday November 4.

Mr. Berlusconi is accused of giving a $600,000 dollar bribe to his former tax advisor, David Mills. In addition, Mr. Berlusconi has been charged with proffering false evidence in two corruption trials that occurred in the late 1990’s.

The trial resumes now after Italy’s Constitutional Court rejected a law that would have given Mr. Berlusconi immunity from prosecution. That law was the direct result of an pressure by Mr. Berlusconi towards his center-right government.

Interestingly, the statute of limitations is set to expire for the two charges in 2011 and 2012 respectively. To counter, Mr. Berlusconi has introduced controversial legislation that would limit the statute of limitations to six years for any minor offenses. Those offenses include any violations carrying sentences up to ten years for non-repeat offenders. Both of the crimes Mr. Berlusconi is accused of would fit within this definition.

The bill has passed through a Senate committee this week and may reach a vote in Parliament before 2010. If the law is passed and retroactively applied, Mr. Berlusconi’s trials will escape the statute of limitations, and justice will effectively be obstructed.

In the interest of justice, Mr. Berlusconi will face a different panel of judges than those who tried Mr. Mills for accepting the bribe, according to Chief Prosecutor Nicoletta Gandus.

Mr. Berlusconi’s lawyers stated that he will not be present when the trial resumes on Friday because of a cabinet meeting. Mr. Berlusconi has already missed several hearings related to this litigation in the past.

Amidst these allegations and proactive efforts to stop the trial, Mr. Berlusconi has denied all of the charges. Mr. Berlusconi and his attorney, Niccolo Ghedini, allege that he is a victim of an ulterior political agenda of “Communist” prosecutors and judges. "If we find a fair-minded judge we will be acquitted,” said Mr. Ghedini confidently on Friday.

For more information, please see:

Xinhua – Berlusconi corruption trial to resume in December – 28 November 2009

ADN Kronos – Italy: Berlusconi corruption trial delayed – 27 November 2009

New York Times – Berlusconi Sees Plot Behind Court Challenges – 27 November 2009

War Crime Trial Against Serbian Nationalist To Resume

By David Sophrin
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands - The trial for Serbian nationalist Vojislav Seselj has been scheduled to begin again in January.  This comes after the trial was suspended last year after the prosecution raised questions regarding the reliability of witnesses.

Seselj is charged with the torture and killing of non-Serbians, including Bosnians and Croatians from to 1993 while the leader of the Serbian Radical Party (SRS).  Seeslj was also a supporter and friend of former Yugoslavian President Slobodan Milsoevic.  The war crimes for which he has been charged were allegedly committed by volunteers recruited by the SRS.

Photo: Seselj being escorted into court. [Source: AFP]

After a number of witnesses for the prosecution declared that they wished to testify on behalf of Seselj, instead of the prosecution, the International Criminal Tribunal for the Former Yugoslavia relinquished authority over the case which originally began in November of 2007.  The court was concerned at the time there may have been witness intimidation.  The case was then transferred to The Hague.

Although the would not go into further detail, the judges overseeing the case stated that "new facts have emerged which need to be taken into account."  The court has also taken additional measures to ensure the "efficient protection of the security of the victims and witnesses."  The protected witnesses will now be called to give testimony directly to the court, rather than allowing them to be called by either party.  The trial is scheduled to begin again on January 12, 2010.

The allegations of witness intimidation is not the first hurdle in the nearly six years since Seselj's surrender to authorities in February of 2003.  This past July Seselj was convicted to contempt of court for publicly releasing the name of a witness whose identity was being kept secret by the court.  He was sentenced to a year and half in jail that violation.  In 2006, he commenced a hunger strike after a court failed to agree to demands his made regarding his legal representation.  Seselj has since decided to represent himself at trial.

For more information, please see:

AP - Serb nationalist's war crimes trial to resume - 25 November 2009

JAVNO - Serb leader's war crimes trial set to resume - 25 November 2009

RADIO FREE EUROPE - Suspended Seselj War Crime Trail To Resume - 25 November 2009

SETIMES - Seselj's Hague trial to resume in January - 25 November 2009

ADNKRONOS - Netherlands: War Crimes trial of Serbian leader to resume - 24 November 2009

Youth Separatists Linked to ETA Arrested in Basque Region

By David Sophrin
Impunity Watch Reporter, Europe

MADRID, Spain - On Thursday Spanish police arrested 36 members of Segi, a youth group with ties to ETA across the Basque and Navarre regions.

These arrests were part of a larger investigation coordinated by Supreme Court Judge Fernando Grande-Marlaska and the Spanish government targeting the separatist movement in the region.  The youth suspects, including suspected leaders of Segi have allegedly been involved with militant activities associated with the larger goals of ETA.  According to Spanish officials, Segi followers have also been involved in acts of vandalism and attacks on government buildings, banks and opposing political parties.  Segi was outlawed by the Spanish government in 2007.  In addition to documents and computers, explosive-making materials were also confiscated in the police raids that included 46 houses.

Photo: Spanish police escorting a alleged member of Segi in San Sebastian [Source: AP]

There has been a ceasefire in place between ETA (meaning Euskadi ta Askatasuna, or "Basque Homeland and Liberty") and the Spanish central government since 2007.  ETA, which was founded in 1959 to achieve independence for the mountainous region along the border between France and Spain, has been listed as a terrorist organization by the Spain, as well as the United States and the European Union.  It has been weakened in recent years, however, by the increased efforts of law enforcement in France and Spain.

According to Christian Aguerre, a former journalist who has covered the ETA movement, stated that despite these efforts, it would be difficult to ever completely eradicate the Basque separatist movement since the nationalist ideals will always draw in new members.  However, waning support for ETA was evident in the recent elections, when a non-nationalist party gained power in the Basque region parliament for the first time in decades.

For more information, please see:

BARCELONA REPORTER - 34 Basque separatists suspected supporters of ETA detained - 24 November 2009

CANADIAN PRESS - Spanish police arrest 34 suspected ETA supporters - 24 November 2009

CNN - Dozens arrested over 'Basque separatist ties' - 24 November 2009

EITB - Basque operation against Segi: 36 arrests made - 24 November 2009

IOL - 36 arrested over ETA-link youth group - 24 November 2009

VOICE OF AMERICA - Spanish Police Arrest Suspected ETA Members - 24 November 2009

Russian Lawyer Buried: Death Blamed on Russian Prison System, Russian Government

By Elizabeth A. Conger
Impunity Watch, Europe

MOSCOW, Russia - On Friday, relatives and friends laid Russian lawyer Sergei Magnitsky to rest. His sudden death in prison last week prompted an outcry from activists, claiming that Russia's notorious prison system failed to attend to Magnitsky's medical needs.

Magnitsky, a thirty seven year-old father of two, reportedly died of a rupture to the abdominal membrane. A rupture of the abdominal membrane is consistent with pancreatitis, a condition that Magnitsky developed in prison. Magnitsky claimed that he had been denied treatment of his pancreatitis by prison officials.

Magnitsky had been an adviser to Hermitage, once Russia's top investment fund. Hermitage is now embroiled in a legal battle with Russian authorities, and Magnitsky was a suspect in a tax evasion case against Hermitage's co-founder Bill Browder, a U.S. citizen.

In reacting to the news of Magnitsky's death in prison, Browder said that Russia "is now a criminal state." He said that Magnitsky had effectively been "held hostage and they killed their hostage."

 
Photo: Sergei Magnitsky [Source: Telegraph]
 
In court Magnitsky presented evidence that he was the victim of a "personal vendetta" for testifying against a senior police officer. The police officer was at the heart of the alleged $230 million tax fraud Magnitsky uncovered which implicated the police, members of the judiciary, tax officials, bankers, and the Russian mafia.

Detained for eleven months, Magnitsky recorded his mistreatment at the prison and its squalid conditions in a forty page affidavit he sent to Russia's general prosecutor. At times, he said, he was detained in a tiny cell with three other inmates. The cell's toilet was a hole in the floor of the corner of the cell, and the sewer was prone to overflow on the floor of the cell.

Russia's Justice Minister Alexander Konovalov said no evidence existed to show that a crime had been committed in Magnitsky's treatment, and challenged rights activists to provide facts to support their accusations.

Dmitry Kharitonov, Magnitsky's lawyer, said that there would be autopsy results in a month which should shed more light on his cause of death. Authorities had, at first, rejected requests for an autopsy.

Kharitonov said that Magnitsky had been kept in prison too long, and illegally, and said: "Unfortunately, this is normal in our country."

He said of Magnitsky's condition: "his fingers were all smashed up. It was probably from banging on the (cell) door for help."

Magnitsky had originally been provided with medical care and "surgical treatment was planned." However, after he was moved to the notorious Butyrskaya prison, he was denied drugs for more than a month. He claimed that the denial of treatment came after he refused to sign a confession.

He wrote: "On August 24, the pain became so acute that I was not even able to lie down. My cell mate started to knock on the door demanding for me to be taken to a doctor."

Hermitage issued a statement on Friday which quoted Magnitsky as having told a Moscow court four days before his death that he had been chained and put in a cage." He was reported to have said:

"My right not to be subject to inhuman and degrading treatment which undermines human dignity...has been violated."

For more information, please see:

BBC - Russia 'is now a criminal state,' says Bill Browder - 23 November 2009

Reuters - Russian lawyer buried after prison death - 20 November 2009

Telegraph - Russia refuses autopsy for anti-corruption lawyer - 19 November 2009

Italian Police Arrest Mumbai Terror Suspects

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

BRESCIA, Italy – On Saturday November 21, Italian police arrested two men linked to the 2008 terrorist attacks in Mumbai, India.  The men allegedly provided funding and logistical support to the ten persons who undertook the deadly attacks last fall.

Mohammad Yaqub Janjua, aged 60, and Aamer Yaqub Janjua, aged 31, were arrested in the city of Brescia in northern Italy and are currently being detained there. The men are a father and son who are both of Pakistani descent. The Janjuas have lived in Italy at least since 2008.

Mr. Mohammed Janjua and Mr. Aamer Janjua [Source: BBC, Associated Press]

According to Italian police, the Janjuas are charged with illegal financial activity and aiding and abetting international terrorism. More specifically, they are accused of transferring money to pay for an Internet telephone account that the Mumbai terrorists used to in planning and undertaking the series of attacks. The money transfer agency is owned by the Janjuas, and is located in Brescia where they currently reside and were arrested.

Italian police indicated that they relied on leads from Indian police and the United States’ Federal Bureau of Investigation.

In particular, an affidavit given by David Coleman Headley and Tahawwur Hussain Rana to the FBI last month implicated the Janjuas. Mr. Headley and Mr. Rana were arrested for plotting to attack a Danish newspaper in 2005. In interrogations with the FBI just last month, they provided information that linked Mr. Mohammed and Aamer Janjua to the Mumbai attacks.

The Mumbai attacks occurred just a year ago in November 2008, and occurred over three consecutive days. At least ten Pakistani men carried out the attacks, killing at least 166 people. Luxury hotels and a Jewish center were targeted, along with bus stations and railways.

For more information, please see:

JTA – Pakistani Mumbai terrorists arrested in Italy – 22 November 2009

Times Online – Two held in Italy over Mumbai terror attacks – 22 November 2009

BBC – Mumbai attack suspects arrested by Italian police – 21 November 2009

Voice of America – Italy Arrests Pakistanis Suspected of Mumbai Links – 21 November 2009

Albanian Opposition Party Protests Election Fraud

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

TIRANA, Albania – Albania's opposition party has begun a three-day protest advocating for a recount of ballots from the June 28 parliamentary elections.

The protest began on Friday November 20 in the Albanian capital of Tirana, and will continue through Sunday November 22. Protestors congregated in front of Prime Minister Sali Berisha’s office on Friday in the central square of Tirana.  On Saturday November 21, Edi Rama, the Socialist Party leader and mayor of Tirana, told the crowd of thousands: "Now more than ever we want to prove that the freedom of the vote and the right to count it honestly cannot be bought, sold or negotiated.”

Thousands of opposition supporters will continue the protest in the form of a three day and night sit-out. Several smaller right-wing parties that also contest the parliamentary election results are also involved in the protest.

The Socialists believe that the June election was tainted with fraud. They allege that thousands of parliamentary votes were manipulated by the majority Democratic Party. A handful of electoral districts were cited in particular for having “voting irregularities”. 

Currently, the balance in Albania’s Parliament is 70 to 66 between Democrats and Socialists. The Socialists claim that a recount would give them controlling power in Parliament. Mr. Rama has noted that a recount of the votes is a necessary precondition for the current boycott of Albania’s Parliament being staged by most of the Socialist Party legislators.

Over the past week, Mr. Rama has led the organization of the protest. Socialist workers have gone door-to-door to encourage residents of the capital city to join. Moreover, Mr. Rama also gave speeches critical of Mr. Berisha. On Thursday, Mr. Rama accused Mr. Berisha for hiding the truth about fraudulently counted ballots, and hindering the effort for Albania to integrate into the European Union.

In response, Mr. Berisha expressed resistance to acceding to a recount. In a statement to parliament, he reiterated: "Opening the ballots will not happen either here on land or in the sky. This coalition is going to run its full term."

The Organization for Security and Co-Operation in Europe (OSCE) noted in a report that Albanian elections have improved in both voter registration and identification at the polls, but nonetheless did not meet recognized standards of the international community.

For more information, please see:

Reuters – Albania opposition protests to demand vote recount – 21 November 2009

Balkan Insight – Albania Opposition to Hold Three Day Protest – 20 November 2009

SE Times – Albanian parties argue ahead of opposition protest – 20 November 2009

MPT – Albanian opposition on protest – 20 November 2009

Taiwan News – Albania’s opposition to protest alleged vote fraud – 20 November 2009

European Human Smuggling Operation Broken Up

By David Sophrin
Impunity Watch Reporter, Europe

LONDON, United Kingdom - European Union and numerous national law enforcement agencies arrested 23 gang members on Tuesday suspected of transporting more than 2,000 illegal immigrants into Europe.

Suspects were arrested in the United Kingdom, France, Germany, the Netherlands and Italy.  Ocriest, French immigration enforcement agency, as well as law enforcement agencies from a number of other European nations, coordinated the investigation and arrests.  The investigation that led to these arrests began over eighteen months ago.  Eventually a smuggling operation, entering the continent in Turkey, then moving to Greece, Italy, Germany and eventually their final destination nations, was uncovered.

Arrests made by the UK's Serious Organized Crime Agency also confiscated identity documents, cell phones, and cash.  Overall, 13 people were arrested in France, four in the UK, two in Greece, two in the Netherlands and one in Italy.

The immigrants that were smuggled into Europe by the gang members were largely from Iraq and Afghanistan.  Those that were smuggled in paid up to 15,000 euros for transportation from Iraq to Europe.  For additional payments, these immigrants were able to have a personal escort and transportation to their final destination.  During one of the arrests of suspects in the UK, seven illegal immigrants were detained.

The EU estimates that there are approximately 8 million illegal immigrants in Europe.  According to Mikael Jensen, deputy head of Europol's Crimes Against Persons Unit, most individuals smuggled into Europe within the last three years have been Iraqi.  These arrests mark the third operation conducted by Europol since mid 2008 against illegal human smuggling networks.  This past June Europol arrested 75 in another smuggling network which brought in immigrants from Iraq.

These coordinated efforts by European government investigations come at a time when there is increased domestic political pressures to counter the increased illegal immigrant populations, and the impact they have in the areas of national security and employment, in their respective countries.

For more information, please see:

VOXY - 22 People Smugglers Arrested - 18 November 2009

TAIWAN NEWS - France: Illegal immigration network dismantled - 18 November 2009

AHN - Coalition of European Law Enforcement Groups Arrest 23 In Human Trafficking Ring - 17 November 2009

BBC - Traffickers targeted in EU raids - 17 November 2009

REUTERS - Police nab smugglers who brought 2,000 into EU - 17 November 2009

EU President Expresses Concern over Russia's Human Rights Situation

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

STOCKHOLM, Sweden - After the EU-Russia summit on Wednesday, EU President Fredrik Reinfeldt expressed his concern over Russia's human rights situation. Reinfeldt, the prime minister of Sweden, currently holds the rotating EU presidency. He said of his meeting with Russian President Dmitry Medvedev:

"We exchanged views on human rights, the rule of law in Russia and democracy, especially the situation for human rights defenders in Russia...This is an increasing cause for concern."

 
Photo: Russian President Dmitry Medvedev [Left] and Swedish Prime Minister Fredrik Reinfeldt [Right] at the 24th EU-Russia summit in Stockholm on Wednesday.

Medvedev did not respond directly to the criticism of Russia's human rights record, but said on the Caucasus, "we have some differences that should be acknowledged...But we don't have to dramatize the situation, on the contrary we should discuss it."

Activist groups, such as Memorial from Russia and Human Rights Watch from the United States, have urged the EU president to put more pressure Moscow. Human Rights Watch, which has criticized the Russian government for allowing an "atmosphere of impunity" to thrive in Caucasus, issued a press release the day before the summit urging the EU to seize the summit as an opportunity to press the human rights issue. Moscow director for Human Rights Watch, Allison Gill, said:

"At the last EU-Russia summit there was hope for civil society reform in Russia...Six months later, at least four more activists have been murdered, showing how vulnerable independent voices still are in Russia."

The EU and Russia are also still in the process of rebuilding relations after falling out over the Georgia-Russia war last year.

Along with human rights, key issues such as trade and energy were discussed during the summit. The EU also sought assurances from Russian leaders that there would be no disruptions of gas exports to the West, such as those which occurred last winter leaving millions of EU citizens without heat.

Russian President Dmitry Medvedev said that Russia hoped to complete a new economic cooperation pact with the EU soon.

The EU is currently Moscow's biggest trading partner, and is heavily dependant on gas from Russia.

For more information, please see:

AlJazeera.net - EU and Russia move to mend ties - 18 November 2009

BBC - EU concern at Russia human rights - 18 November 2009

The Local - EU expresses Russia human rights concerns - 18 November 2009

Human Rights Watch Press Release - EU: Urge Russia to Protect Activists - 17 November 2009