Amnesty International Report 2010_Europe and the Central Asia

Amnesty International

“I dream of living somewhere in peace with my daughter, becoming a grandmother and being kind to my grandchildren, but I still have a task to fulfil here... This is a declaration of war, we have to fight for justice, we cannot give up.”

Natalia Estemirova, talking to Amnesty International in 2009, after the murder of her friend and fellow human rights defender Stanislav Markelov.

At 8.30 on a July morning in the Chechen capital of Grozny , leading human rights defender Natalia Estemirova was dragged off the street into a waiting car, shouting to witnesses that she was being abducted. Later that day her body was found with gunshot wounds, dumped in the neighbouring Russian republic of Ingushetia .

A man mourns Natalia Estemirova at a memorial for the human rights defender and journalist murdered in July 2009 in Chechnya .

A man mourns Natalia Estemirova at a memorial for the human rights defender and journalist murdered in July 2009 in Chechnya .

This was a tragedy on a number of levels: for her 15-year-old daughter who she had brought up alone; for the people of Chechnya who lost a tireless, courageous voice seeking to document the abuses they suffer and their lack of justice; and for civil society, in Russia and abroad, for whom she was an invaluable partner in the fight for respect of human rights.

It would also be a tragedy doomed to repetition, should the Russian legal system again prove utterly ineffective in ensuring accountability for the life of another activist who braved death threats and intimidation to demand justice for others.

This was not, sadly, an isolated story. Across Europe and Central Asia , governments failed to live up to their responsibilities to protect human rights defenders, and made continued efforts to suppress those who sought to publicize abuses, articulate alternative views or hold different beliefs. Many governments used repressive measures, or exploited the seeming indifference of the international community, to shield themselves from accountability. They continued to erode human rights, evade their obligations, and suffer a failure of political will in addressing key abuses.

Counter-terror and security

One of the most striking cases in point is that of renditions. The involvement of European states in the global programme of rendition and secret detention operated by the CIA in the years after 2001 has long been known. But despite repeated denials and obfuscation by individual governments, we now have clear evidence of the involvement.

Most governments, however, still failed to seek effective and transparent accountability for these human rights abuses, either at the national level or through European institutions. Some initiatives that had been taken remained unsatisfactory. A German parliamentary inquiry into German involvement in renditions concluded in July 2009, but exonerated all German state actors, despite compelling evidence to the contrary. A German court had previously issued warrants for the arrest of 13 CIA agents for their involvement in the rendition of Khalid al-Masri but the government refused to transmit these warrants. The methods, evidence and findings of an investigation into the existence of an alleged secret prison in Poland , finally begun in 2008, still remained secret. Other European states reportedly implicated in such abuses, including Romania , did even less to ensure accountability for them. Several European states ignored the rulings of the European Court of Human Rights against the return of suspects of terrorism to countries where they were at risk of torture. In February, the Court ruled that Italy 's expulsion of Sami Ben Khemais Essid to Tunisia violated the prohibition of refoulement. In August, Italy returned Ali ben Sassi Toumi to Tunisia , where he was held incommunicado for eight days.

 

"The signature response of European states to the challenges of large and mixed flows of irregular migration was to repress them."

There were some other signs of progress towards accountability, however. In November, an Italian court convicted 22 CIA agents, one US military officer and two Italian agents for their involvement in the abduction and rendition of Abu Omar – a man kidnapped in broad daylight from an Italian street and then illegally transferred via Germany to Egypt where he said he was tortured. The prosecution of those involved had faced serious obstacles due to restrictions on the evidence available to prosecutors on grounds of national security. And in December a European government admitted for the first time that a secret “black site” had existed on its territory after a Lithuanian parliamentary committee concluded that a CIA secret detention facility had been constructed there. The committee found that officials from the Lithuanian State Security Department had assisted in the construction of the site, and knew of CIA flights landing without border checks, but failed to notify the President or Prime Minister – an echo of concerns raised elsewhere about the lack of oversight of intelligence and security agencies. 

In other areas too, security trumped human rights in government agendas, to the detriment of both. In waves of arbitrary detentions, the security forces in Uzbekistan swept up a range of individuals and their relatives on suspicion of involvement with banned Islamist parties and armed groups accused of attacks throughout the country. Among those detained were men and women who attended unregistered mosques, studied under independent imams, had travelled or studied abroad, or had relatives who lived abroad or were suspected of affiliation to banned Islamist groups. Many were believed to have been detained without charge or trial for lengthy periods, amid reports of torture. In Kazakhstan , the security forces continued to use counter-terrorism operations to target minority groups perceived as a threat to national and regional security. Groups particularly affected were asylum-seekers and refugees from Uzbekistan , and members or suspected members of Islamic groups or Islamist parties, either unregistered or banned in Kazakhstan . A total failure of political will to uphold the rule of law and address impunity in Chechnya continued to lead to destabilization across Russia 's North Caucasus region.

Armed opposition groups continued to cause death and destruction in parts of the region, including in the North Caucasus, Spain, Greece and Turkey .

People on the move

Real or perceived risks for security also continued to drive the debate in other areas, providing fertile ground for populist rhetoric particularly in relation to migration, and exclusion of the ‘other'.

The signature response of European states to the challenges of large and mixed flows of irregular migration was to repress them, resulting in a consistent pattern of human rights violations linked to the interception, detention and expulsion by states of foreign nationals, including those seeking international protection. In May, for example, the lives and safety of hundreds of migrants and asylum-seekers on three vessels in the Mediterranean were placed at risk first by a squabble between the Italian and Maltese authorities over their obligations to respond to maritime distress calls, and then by the Italian government's unprecedented decision to send those in the boats to Libya – a country with no functioning asylum procedure – without assessing their protection needs.

Some others, including Turkey and Ukraine , also forcibly returned refugees and asylum-seekers to countries where they risked serious human rights violations. Other asylum-seekers facing obstacles in accessing help included those in Greece and Turkey who could be unlawfully detained and expelled due to the absence of a fair asylum procedure, or denied necessary guidance and legal support to pursue their claims.

Many countries such as Greece and Malta also routinely detained migrants and asylum-seekers, and in inappropriate conditions.

Across the region, hundreds of thousands of people remained displaced by the conflicts that accompanied the collapse of the former Yugoslavia and the Soviet Union , often unable to return owing to their legal status – or lack of it – and discriminated against in accessing rights including property tenure. They were joined by some 26,000 people still unable to return home after the 2008 conflict between Russia and Georgia .

Discrimination

A climate of racism and intolerance in many countries fuelled ill-treatment of migrants, and helped to keep them and other marginalized groups excluded from society, blocking their rights to access services, participate in government and be protected by the law. The marginalization was heightened in 2009 by fears of the economic downturn, and accompanied in many countries by a sharp rise in racism and hate speech in public discourse. The endorsement by Swiss voters in November of a constitutional ban on the construction of minarets was an example of the dangers of popular initiatives transforming rights into privileges.

Many asylum-seekers and migrants were subject to discrimination and exclusion from services and employment, and experienced extreme poverty. In Italy , new legislation as part of a security package established the criminal offence of “irregular migration”. Many feared the new law would deter irregular migrants from accessing education and medical care – and indeed protection by law enforcement officials – for fear of being reported to the police. This was especially the case given existing provisions in the criminal code obliging civil servants (such as teachers or local authority employees, including those in charge of issuing identity cards) to report all criminal acts to the police or judicial authorities. In the UK , hundreds of thousands of rejected asylum-seekers – whose inability to leave the country was often outside their control – lived in destitution and faced significant limits on their access to free health care, with the majority relying on the charity of others. In Germany , irregular migrants and their children had limited access to health care, education, and judicial remedies in cases of labour rights violations.

"Authorities in a number of countries continued to foster a climate of intolerance against the lesbian, gay, bisexual and transgender communities."

One of the most profound illustrations of systemic discrimination was against the Roma, who remained largely excluded from public life. Roma families were frequently unable to enjoy full access to housing, education, employment and health services. In some cases, such as in Kosovo, one factor was a lack of personal documents enabling them to register their residency and status. One of the routes out of the vicious cycle of poverty and marginalization – education – was denied to many Romani children who continued to be placed in substandard, segregated classes or schools, including in the Czech Republic and Slovakia . Negative stereotyping as well as physical and cultural isolation also blighted future prospects. Unlawful forced evictions of Roma in places such as Italy , Serbia and Macedonia drove them further into poverty. In many places Roma faced increasingly overt public hostility. The Hungarian police strengthened a special task force to 120 officers to investigate a series of attacks against the Romani community, including murders, after widespread concern that initial investigations were ineffective.

Authorities in a number of countries continued to foster a climate of intolerance against the lesbian, gay, bisexual and transgender (LGBT) communities, making it harder for their voices to be heard and their rights to be protected. In August, the Lithuanian parliament adopted a controversial law that institutionalized homophobia. It could be used to prohibit any legitimate discussion of homosexuality, impede the work of human rights defenders and further stigmatize LGBT people. In Turkey , discrimination in law and practice against people based on their sexual orientation and gender identity continued.

Five transgender women were murdered, and in only one case was a conviction secured. The Belarusian authorities denied an application by a group of 20 people to hold a small public awareness action about LGBT issues. Their excuse was that the request did not include copies of contracts with the local police department, the health clinic, and the waste disposal services to cover the expenses of ensuring public order, safety and for cleaning up after the action.

Member states of the EU continued to block a new regional directive on non-discrimination, which would simply close a legal protection gap for those experiencing discrimination outside of employment on the grounds of disability, belief, religion, sexual orientation and age.

Repression of dissent

In many areas across the region the space for independent voices and civil society shrunk, as freedoms of expression, association and religion remained under attack.

It remained very dangerous for individuals who did speak out. In Russia , human rights defenders, journalists and opposition activists were killed, beaten or received death threats. In both Serbia and Croatia , the authorities failed to protect people working to highlight issues such as war crimes, transitional justice, corruption and organized crime – women human rights defenders in the former, journalists in the latter, were subject to continued intimidation and attacks. Human rights defenders in Turkey continued to be prosecuted for their legitimate work documenting and reporting on alleged human rights violations. And dissenting views in the country were still met with criminal prosecutions and intimidation.

Independent journalists were harassed or imprisoned in places such as Azerbaijan , or physically attacked by unidentified individuals.

 

"Victims of torture and other ill-treatment, often fuelled by racism and discrimination, and frequently used to extract confessions, were likewise too often failed by justice systems which did not hold to account those responsible."

in places such as Armenia or Kyrgyzstan , where the assaults were sometimes fatal. Independent newspapers and journalists in Tajikistan continued to face criminal and civil lawsuits for criticizing the government, resulting in self-censorship of the media. In Turkmenistan , all printed and electronic media remained under state control, and the authorities continued to block websites run by dissidents and exiled members of the opposition. Journalists, as well as human rights defenders, faced increased harassment in Kazakhstan and Uzbekistan .

Public events were banned in Belarus and peaceful demonstrators were detained. Civil society organizations faced many obstacles in trying to register while any activity on behalf of a non-registered organization remained a criminal offence. In Moldova , despite a progressive Law on Assemblies which was passed in 2008, police and local authorities continued to unduly restrict the right to freedom of peaceful assembly by banning demonstrations, imposing limitations and detaining peaceful protesters.

In many places the space for freedom of religion and belief contracted further. In Uzbekistan , for example, religious communities continued to be under strict government control and to have their right to freedom of religion compromised. Those most affected were members of unregistered groups such as Christian Evangelical congregations and Muslims worshipping in mosques outside state control. The authorities in Tajikistan continued to close, confiscate and destroy Muslim and Christian places of worship, without explanation. Some 70 Jehovah's Witnesses were serving prison terms in Armenia for refusing to perform compulsory military service on grounds of conscience.

Impunity in post-conflict situations

Although some progress was made in tackling impunity for crimes committed on the territory of the former Yugoslavia during the wars of the 1990s, insufficient efforts by domestic courts meant that many perpetrators of war crimes and crimes against humanity continued to evade justice. Witness support and protection measures in all courts in Bosnia and Herzegovina , for example, were inadequate. This meant that in some cases victims, including survivors of war crimes of sexual violence, were not able to access justice.

Although a report by an international fact-finding mission commissioned by the EU confirmed that violations of international human rights and humanitarian law had been committed by Georgian, Russian and South Ossetian forces during the 2008 war, and called on all sides of the conflict to address the consequences of the war, no side conducted comprehensive investigations into these violations.

For too many others, however, accountability was still a long way off, including for those waiting for justice from the international community. The relatives of two men killed by Romanian forces serving with the UN in Kosovo in 2007 were still among them, although an internal UN investigation had held the troops responsible for the deaths through the improper use of rubber bullets. The Romanian authorities failed to respond to these findings and in March the UN Special Representative in Kosovo, citing security reasons, refused to allow a public hearing into the failure of the UN troop mission to bring to justice members of the Romanian Formed Police Unit.

Torture and other ill-treatment

Victims of torture and other ill-treatment, often fuelled by racism and discrimination, and frequently used to extract confessions, were likewise too often failed by justice systems which did not hold to account those responsible. Obstacles to accountability included lack of prompt access to a lawyer, failure by prosecutors to vigorously pursue investigations, victims' fear of reprisals, low penalties imposed on convicted police officers, and the absence of properly resourced and independent systems for monitoring complaints and investigating serious police misconduct. Such failures continued in countries such as Greece , France , Moldova , Russia , Spain , Turkey and Uzbekistan .

For some, however, there was limited redress although it was long in coming. In a unanimous judgment in June, the European Court of Human Rights ruled that Sergei Gurgurov had been a victim of torture in Moldova in 2005. The following month the Office of Moldova's Prosecutor General opened a criminal case, almost four years after Sergei Gurgurov first said he had been tortured by police officers.

The Prosecutor General's Office had previously responded to all requests for a criminal investigation to be opened by saying that the injuries he claimed were the result of torture at the hands of police officers had been self-inflicted. 

Violence against women and girls

Violence against women and girls in the home remained pervasive across the region for all ages and social groups. Only a small proportion of women, however, officially reported this abuse. They were  deterred by fear of reprisals from abusive partners, the idea of bringing ‘shame' on their family, for reasons of financial insecurity. Mostly,  the widespread impunity enjoyed by perpetrators meant they knew there was little point.

Entrenched societal attitudes, and a backlash of traditional discourses in many places across the region in 2009, led to woefully inadequate provision of services to protect victims of domestic violence. In Tajikistan , such services including shelters and adequate alternative housing were virtually non-existent. Women and girls there were even more vulnerable to domestic violence because of early and unregistered marriages and an increased early drop-out rate from school. The number of shelters available in Turkey remained far below the one per settlement of 50,000 people required by domestic law. Moscow , a city of more than 10  million people, had only one shelter.

It held 10 women.

"It is sadly still the case, that the reality of protection from human rights abuses for many of those within [Europe’s] borders falls short of the rhetoric."

Women also frequently lost confidence that the relevant authorities would regard this abuse as a crime, rather than a private matter, and deal with it as such, therefore official reporting rates were exceptionally low. Failure to bridge that confidence gap not only hampered justice in individual cases, but also impeded efforts to tackle such abuses across society by hiding the full extent and nature of the problem.

Certain groups remained particularly vulnerable across the spectrum of violence against women. Migrant women, for example in Spain , continued to face additional difficulties in obtaining justice and specialist services. In Bosnia and Herzegovina , the survivors of war crimes of sexual violence continued to be denied access to economic and social rights, and to adequate reparation to rebuild their lives. Many were also unable to find a job as they still suffered from the physical and psychological consequences of their experiences during the war.

Death penalty

In a continuing positive trend, the Russian Constitutional Court decided in November to extend a 10-year moratorium on executions and recommended abolishing the death penalty completely, saying that the path towards full abolition was irreversible. A parliamentary working group was established in Belarus to examine the introduction of a moratorium. Judges, however, continued to hand down death sentences in a process which remained shrouded in secrecy – prisoners and their relatives were not informed about the date of the execution, the body was not given to the relatives and they were not told where the burial place was. The use of the death penalty in Belarus was also compounded by a flawed criminal justice system, with credible evidence that torture and other ill-treatment were used to extract “confessions” and that condemned prisoners did not have access to effective appeal mechanisms.

Conclusion

Europe has a regional human rights architecture which is unrivalled elsewhere in the world. It also guards a proud reputation as a beacon of human rights. It is sadly still the case, however, that the reality of protection from human rights abuses for many of those within its borders falls short of the rhetoric.

One of the clear opportunities that arose in 2009 to uphold Europe 's obligations, was the entry into force of the EU Lisbon Treaty. This opened up new possibilities to strengthen human rights and fundamental freedoms: the EU Charter of Fundamental Rights is now binding on the EU institutions as well as on member states (with the exception of three), and the EU is enabled to accede to the European Convention on Human Rights.

While this was another welcome component of the human rights framework, the gap is still implementation at a national level. Each individual state across the region has a primary obligation to ensure all within its borders enjoy the full range of human rights guaranteed by the international community of which they are a part. The experience of the past year shows that many states fail in this duty, but also that there is no lack of courageous people who dare to stand up, whatever the personal cost, and work to hold them accountable.