Weekly News Recap (8 - 14 July 2024)
© Photo by IAEA Imagebank via Flickr
- ECtHR: Court Rules Turkish Authorities Not Liable for 2015 Ankara Bombing
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UAE: Appeals Court Imposes Sentences of Life Imprisonment in Widely Criticised Mass Trial
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ECOWAS: Court Determines Nigeria Infringed Human Rights During October 2020 Demonstrations
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Russia: Court Upholds Prison Sentence for Human Rights Activist Oleg Orlov Over War Criticism
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UK: Former Veterans Minister Faces Potential Jail in Afghanistan War Crimes Inquiry
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Indonesia: Former Agriculture Minister Sentenced to 10 Years for Corruption
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Netherlands: Court Rules No Evidence of Dutch Non-Compliance in Israeli F-35 Parts Export Case
International Justice Section
ECtHR: Court Rules Turkish Authorities Not Liable for 2015 Ankara Bombing
On 9 July 2024, the European Court of Human Rights (ECtHR) unanimously ruled that Turkish authorities did not breach their obligations under the European Convention on Human Rights (ECHR) concerning the 2015 suicide bombing in Ankara. This case involved Coşkun Selçuk, a demonstrator injured in the attack, who alleged the authorities failed to prevent the bombing and that police use of tear gas hindered rescue efforts. Selçuk’s claims, based on Articles 2 (right to life) and 3 (prohibition of inhuman treatment) of the Convention, were previously partially addressed by the Ankara Administrative Court, which awarded him compensation. The ECtHR found no violation of Article 2, citing a lack of specific threat and noting police measures to ensure safety and facilitate rescue operations. The court also determined the compensation provided by Turkish courts was adequate, meeting the requirements of an effective judicial system. The 2015 bombing, targeting a labour, democracy, and peace rally, resulted in 100 deaths and 191 injuries. Subsequent investigations led to life sentences for 19 of the 36 individuals indicted for their involvement.
https://stockholmcf.org/ecthr-finds-no-public-officials-at-fault-in-2015-ankara-bombings/
UAE: Appeals Court Imposes Sentences of Life Imprisonment in Widely Criticised Mass Trial
On 10 July 2024, the Abu Dhabi Federal Court of Appeal delivered harsh sentences in a high-profile trial, condemning 43 individuals to life imprisonment. This mass trial has faced significant international criticism, particularly highlighted during the COP28 climate talks held in Dubai. According to the state-run WAM news agency, the court also sentenced ten other defendants to terms ranging from 10 to 15 years, and dismissed 24 cases. The allegations centred on links to the Muslim Brotherhood, which the UAE has designated as a terrorist organisation. The defendants were accused of attempting to instigate violent protests similar to those in other Arab nations. Human rights groups, including Human Rights Watch and Amnesty International, have decried the trial, citing severe due process violations and lack of substantive evidence. They have also highlighted the restrictive conditions faced by the defendants, such as prolonged solitary confinement and restricted access to legal aid. Prominent among the sentenced are activist Nasser bin Ghaith and human rights advocate Ahmed Mansoor, whose cases have raised significant international concern over the UAE’s approach to political dissent and freedom of expression.
ECOWAS: Court Determines Nigeria Infringed Human Rights During October 2020 Demonstrations
On 10 July 2024, the Court of Justice of the Economic Community of West African States (ECOWAS) ruled that Nigeria violated the African Charter on Human and Peoples’ Rights (ACHPR) during the October 2020 protests against police brutality. The court found that Nigerian authorities breached the rights to life, security, freedom of expression, assembly, association, and the prohibition of torture, as per ACHPR articles 1, 4, 6, 9, 10, and 11. While dismissing claims of violations of the right to life under Article 4, the court recognised other significant human rights breaches. Consequently, the court ordered Nigeria to compensate the three claimants whose rights were violated and to investigate and prosecute those responsible for the abuses. The Nigerian government was given six months to report on the measures taken to implement the court’s judgment. The case was brought by three Nigerian citizens who suffered human rights abuses during the EndSARS protests. These protests erupted in response to police brutality by the Special Anti-Robbery Squad (SARS). The claimants described witnessing shootings, suffering injuries, and receiving inadequate medical care due to police actions. Nigeria’s government denied the claims, labelling the protests as unlawful and asserting that security agents adhered to strict rules. The government also contended that the applicants incited violence. The October 2020 protests drew international attention due to the excessive force used by SARS, prompting the UN Secretary-General to call for an end to police violence and the Lagos governor to initiate a judicial investigation.
Russia: Court Upholds Prison Sentence for Human Rights Activist Oleg Orlov Over War Criticism
On 11 July 2024, Oleg Orlov, a prominent Russian human rights campaigner and co-chair of the now-banned Memorial Group, lost his appeal against a two-and-a-half-year prison sentence for criticising the war in Ukraine. The Moscow City Court upheld the February 2023 ruling, which found Orlov guilty of discrediting the Russian army following his condemnation of the war and President Vladimir Putin in a French media article. Speaking via videolink from prison, Orlov, 71, expressed no remorse, stating his commitment to standing alongside those persecuted. He likened Russia’s judicial system to that of Nazi Germany, asserting it has become an integral part of the dictatorship. Orlov’s lawyer, Katerina Tetrukhina, argued for his immediate release, citing the lack of harm he caused and the failure to prove ideological hostility. Concerns about Orlov’s health and the harsh conditions of his detention have been raised by his supporters and defence team. Memorial, which focused on rights abuses in Russia, was disbanded in 2021 amid a broader crackdown on dissent.
Argentina: Federal Court of Criminal Cassation Re-Opens Criminal Investigation into Uyghur Genocide Claims
On 11 July 2024, the Argentinian Federal Court of Criminal Cassation ordered the re-opening of a criminal investigation into genocide and crimes against humanity against Uyghurs, filed by the Uyghur Human Rights Project, World Uyghur Congress, and Lawyers for Uyghur Rights. The Court of Cassation overruled the Court of Appeal of Buenos Aires, which had agreed with the Prosecutor’s decision to archive the complaint. The complaint, filed on 16 August 2022, under Argentina’s universal jurisdiction provisions, allows international crimes to be tried in Argentina regardless of where they occur. The Prosecutor initially archived the complaint, citing ongoing cases in Turkey and France, a decision upheld by the Court of Appeal on 21 December 2023. However, the Court of Cassation’s recent decision mandates the first instance judge to open the case and begin the investigatory phase. This landmark decision is significant for Uyghurs seeking justice for the alleged systematic repression by Chinese state agents, including forced labor, forced abortion and sterilisation, torture, mass internment, and killings. The evidence includes testimonies from victims and expert reports. The court also overruled the decision to deny the victims civil party status. As the case progresses to the investigatory stage, victims will provide evidence, potentially leading to indictments, arrest warrants, and a trial. The decision echoes similar international cases, such as those involving Rohingya victims against the Burmese regime. Argentina is also pursuing universal jurisdiction cases for crimes in Colombia, Nicaragua, Venezuela, and Saudi Arabia. This ruling marks a historic step, allowing Uyghur victims to present evidence of atrocities in a criminal court for the first time.
UK: Former Veterans Minister Faces Potential Jail in Afghanistan War Crimes Inquiry
On 12 July 2024, former veterans minister and officer Johnny Mercer, risking imprisonment, refused to disclose names associated with allegations of unlawful killings and cover-ups by UK special forces during the Afghanistan War, as stated by the Afghanistan Inquiry. Judge Haddon-Cave, chairing the Inquiry, criticised Mercer in his ruling, emphasising that while Mercer positions himself as a protector of whistleblowers, his actions contradict the demands of integrity and moral courage expected in such roles. Despite this, Mercer remains steadfast in his refusal to reveal the identities of those who confided in him, arguing his duty to protect these individuals’ confidentiality. Mercer, who recently lost his parliamentary seat, has been under legal pressure to comply with a Section 21 notice under the Inquiries Act 2005, requiring him to testify and provide evidence. He has partially cooperated but continues to withhold certain names, leading to public reprimands from Judge Haddon-Cave for questioning Mercer’s integrity. In his defence, Mercer expressed dismay over the Inquiry’s approach and the personal attacks against him, asserting that the demands placed on him crossed ethical lines and insisting on his innocence. He argues that the Inquiry’s focus on him is disproportionate and unfairly damaging to his character. The Afghanistan Inquiry, established on 15 December 2022, aims to uncover the truth behind serious allegations of misconduct by British Special Forces in Afghanistan from mid-2010 to mid-2013. It seeks to investigate claims of a “campaign of murder” against civilians and alleged obstructions in military investigations by senior personnel.
https://iiaweb-prod.s3.eu-west-2.amazonaws.com/240711_RULING-on-application-by-Rt-Hon-J-Mercer.pdf
USA: Bankruptcy Court Dismisses Case of Former Trump Lawyer Due to Disclosure Obligations Non-Compliance
On 12 July 2024, the United States Bankruptcy Court dismissed Rudolph Giuliani’s Chapter 11 bankruptcy case due to his ongoing failure to comply with financial disclosure obligations. Giuliani filed for bankruptcy in December 2023, citing financial strain from a $148 million defamation judgment related to false election fraud accusations against Ruby Freeman and Wandrea’ ArShaye Moss Two motions were considered: the trustee motion by the Official Committee of Unsecured Creditors to appoint a Chapter 11 trustee and Giuliani’s motion to convert the case to Chapter 7. The court found Giuliani did not have an absolute right to convert to Chapter 7 due to his non-compliance with discovery demands, incomplete financial disclosures, and untimely monthly reports. These issues suggested that a Chapter 7 conversion could complicate asset liquidation and prolong proceedings. Giuliani agreed to the case dismissal, which includes a one-year bar from refiling for bankruptcy, allowing creditors to pursue their claims outside of bankruptcy.
Indonesia: Former Agriculture Minister Sentenced to 10 Years for Corruption
On 12 July 2024, the Jakarta Corruption Court sentenced former Agriculture Minister Syahrul Yasin Limpo to 10 years in prison on charges of corruption, as reported by The Jakarta Post. The court, presided over by Judge Rianto Adam Pontoh, also imposed a fine and ordered Limpo to pay compensation totaling over 14.9 billion rupiah. Judge Pontoh found Limpo guilty of diverting public funds for personal use, which included expenditures on luxury apartments, private jets, and political donations. The court’s decision highlighted Limpo’s actions as contrary to the Indonesian government’s anti-corruption efforts. Despite his claims of political persecution and manipulation of public opinion, the court maintained that Limpo had failed to act as a responsible government official. The prosecution detailed how Limpo coerced agriculture ministry officials to extract over 44 billion rupiah for his personal expenses. He defended his actions by stating that his subordinates, who also faced legal repercussions and were sentenced to four years in prison, should have consulted him or objected at the time of the fund collection. Additionally, Limpo faces an extra four months in prison if he fails to pay the imposed fine. He has a seven-day window to appeal the conviction. This sentencing comes amidst ongoing scrutiny of corruption within Indonesia, which ranks 115th out of 180 countries in the Corruption Perception Index by Transparency International. The case also ties into broader allegations of corruption involving other high-ranking officials, emphasising the persistent challenges in Indonesia’s fight against such illegal activities.
Netherlands: Court Rules No Evidence of Dutch Non-Compliance in Israeli F-35 Parts Export Case
On 12 July 2024, the Hague District Court ruled that there was no evidence that the Dutch government had violated a court order by continuing to send fighter jet parts to Israel. This decision comes after human rights organisations, including Oxfam Novib, Amnesty International, and The Rights Forum, accused the Netherlands of circumventing a ban on exporting replacement F-35 parts to Israel by instead sending them through other nations, notably the United States. During a court hearing in June 2024, these groups argued that despite an appeals court halting exports earlier in the year due to concerns over Israel’s compliance with legal obligations, the Netherlands was still indirectly facilitating the transfer of these parts, which may be used in military operations in Gaza. However, the court concluded that the plaintiffs failed to demonstrate non-compliance with the court’s previous judgment by the Dutch government. The ruling highlighted that there was no clear evidence showing the state’s failure to comply with or its disregard for the court’s directives. The case focused attention on the Woensdrecht Air Base, a key site since 2019 for distributing F-35 parts across Europe, and the role it played in the international logistics of military supplies. Despite the court’s ruling, the human rights organisations expressed their disappointment and are considering further legal steps. They are particularly concerned about ensuring that future deliveries do not circumvent international law via indirect routes. The issue continues to evoke significant debate about the Netherlands’ role in international arms trade and its implications for global human rights standards.
https://www.dutchnews.nl/2024/07/court-finds-no-evidence-government-is-dodging-f-35-export-ban/
International Peace & Security Section
India: Prime Minister Meets Putin in First Official Foreign Visit to Russia
On 8 July 2024, Indian Prime Minister Narendra Modi landed in Moscow for his first foreign trip after becoming the Prime Minister of India for the third time. Russian President Vladimir Putin and Modi demonstrated their close relationship between one another by embracing and smiling, while Western allies expressed their concern upon the closeness between the two leaders. The meeting coincided with the NATO Summit which was held in Washington DC. US State Department spokesman Matthew Miller asked Modi to highlight the territorial integrity of Ukraine during his talks with Putin. During the meeting with Putin, Modi asserted his readiness to help Russia in implementing peace in Ukraine.
https://www.bbc.com/news/articles/cpd91pe5r9go
Asia-Pacific: Japan and The Philippines Sign Defence Pact to Strengthen Military Cooperation
On 8 July 2024, Japan and the Philippines signed a defence pact to bolster military ties between the two counties as concerns are growing over China’s expanding military power. Japanese Minister of Foreign Affairs Yoko Kamikawa and Philippine Secretary of National Defence Gilberto Teodoro signed the Reciprocal Access Agreement on Monday in Manila. The pact will allow the deployment of forces on each other’s territory and strengthen military cooperation. The pact will need to be ratified by legislatures in both countries to come into effect. The agreement comes as both Japan and Philippines are wary of China’s growing dominance in the region. China has claimed ownership of more than 90% of the South China Sea, including waters within the exclusive economic zones of the Philippines and other Southeast Asian countries. In 2016, an international tribunal at the Hague found that China’s claims had “no legal basis.” Coast guards from China and the Philippines have had several clashes in the disputed waters, including an incident last month where Chinese coast guards carrying weapons used motorboats to ram two Philippine navy vessels. Japan has a longstanding territorial dispute with China over the Senkaku Islands located between Taiwan and Okinawa. Japanese Prime Minister Fumio Kishida has attempted to improve Japan’s military capability, including through reciprocal access agreements with Australia and the UK. Philippine President Ferinand Marcos Jr has strongly condemned China’s actions in the South China Sea and warned they would consider the death of any Filipino at the hands of China as close to an “act of war.” The Philippines has had long standing defence pacts with Australia and the US and is exploring a similar agreement with France. In April, the leaders of the US, Japan and the Philippines held their first trilateral summit to boost military cooperation between the countries. The summit came after the three countries held joint military drills in the South China Sea with Australia.
https://www.aljazeera.com/news/2024/7/8/japan-philippines-sign-defence-pact-with-eyes-on-china
Indonesia: At Least 23 Dead Following Landslide at Illegal Gold Mine
On 9 July 2024, it was reported that at least 23 people had died following a landslide at an illegal gold mine on Sulawesi Island in Indonesia. Rescue workers are continuing to dig through the mounds of rubble to search for missing people, at least 35 are still missing. Hundreds of rescue workers have been deployed along with a helicopter to the area. The Southeast Asian archipelago is home to more than 8,600 unlicensed mines, with more than a quarter gold mines. Locals hunt for gold ore at the abandoned sites without proper safety equipment. The landslide hit a remote village in Bone Bolango district of Gorontalo province on Sunday following heavy rains. Rescue agency officials stated that 66 people survived. More than 270 people have been deployed as part of a rescue operation including police officers and soldiers. Rescue officials have said the death toll is likely to rise. The heavy rains triggered the landslide and broke an embankment that caused flood waters to reach the roofs of houses in Bone Bolango. Some 300 houses have been affected and more than 1,000 people have fled for safety. The authorities stated 79 miners were in the gold mine at the time of the disaster. Indonesia regularly experiences landslides, and the risk is increased by deforestation and illegal mining operations in remote districts. Minors face the risks of landslides, floods and collapses of tunnels. The processing of gold ore is also hazardous, which involves the use of highly toxic mercury and cyanide. The country’s last mining-related incident occurred in April 2022 in North Sumatra’s Mandailing Natal district, where a landslide crushed an illegal gold mine, resulting in the deaths of 12 women. In May, at least 15 people died after landslides and flooding swept away houses and damaged roads in South Sulawesi province.
Pakistan: One-Year Extension for Registered Afghan Refugees in Pakistan
On 10 July 2024, it was reported Pakistan had approved a one-year extension to Proof of Registration (PoR) cards for nearly 1.5 million Afghan refugees that will allow them to stay in Pakistan. The PoR cards expired on 30 June 2024, and the extension was granted until 30 June 2025. In November 2023, Pakistan launched a widely criticised repatriation programme aimed at anyone without valid documentation, which made an estimated 600,000 Afghans return home. The announcement followed a three-day meeting of Prime Minister Shehbaz Sharif and United Nations High Commissioner for Refugee (UNHCR), Filippo Grandi, who met in Pakistan earlier this week. In a UNHCR statement, Grandi welcomed the announcement that the repatriation programme had been “suspended.” However, Pakistan has disputed Grandi’s claim that the repatriation programme had been suspended. A spokesperson for Pakistan’s Ministry of Foreign Affairs, Mumtaz Zahra Baloch, stated Grandi’s claim was “not true.” She stated the anti-immigration programme known as the “Illegal Foreigners Repatriation Plan” was still in place and is being implemented in a phased manner. Pakistan has accommodated millions of Afghan refugees since 1979 when the Soviets invaded Afghanistan. Numbers increased in August 2021 after the Taliban regained power in Afghanistan, which caused 600,000 to 800,000 Afghans to flee and seek refuge in Pakistan. Pakistan currently hosts nearly 3 million Afghans, with about 1.5 million holding a UNHCR PoR card, and 800,000 possessing an Afghan Citizenship Card (ACC). The UN have criticised the forced deportation of Afghans from Pakistan and expressed it could lead to severe human rights violations. In recent years, Pakistan has frequently deported Afghans who have not had valid documents, however, the ongoing crackdown is unprecedented in scale. Pakistan has said the repatriation plan is not specific to Afghans and is aimed at deporting those living illegally in Pakistan.
https://apnews.com/article/pakistan-extends-stay-afghan-refugees-f3e2729667fa03243935766de3b95bc5
NATO: 75th Anniversary Summit Concludes in Washington
On 11 July 2024, Outgoing Secretary General Jen Stoltenberg concluded the 75th Anniversary NATO Summit in Washington. At the three-day Summit some key areas discussed included strengthening deterrence and defence, long-term support for Ukraine and deepening global partnerships. On Thursday morning, allied leaders met to discuss shared security challenges and further cooperation with leaders from Australia, Japan, New Zealand, South Korea and the European Union (EU). NATO allies are working to strengthen partnerships in the Indo-Pacific region and with the EU due to the growing concerns of alignment of Russia, China, Iran and North Korea. The Secretary General stressed that China is an “enabler” of Russia’s war in Ukraine. The Washington Summit Declaration refers to the partnership between Russia and China as a “cause for profound concern.” Ukrainian President Volodymyr Zelenskyy joined the allied leaders Thursday afternoon for a meeting of the NATO-Ukraine Council. The Secretary General outlined Ukraine is on an “irreversible path to NATO membership.” On Wednesday, allies agreed to set up a NATO Security Assistance and Training for Ukraine to facilitate military training. NATO allies also agreed long-term security assistance to Ukraine of at least €40 billion. The Secretary General welcomed the fact that more allies have now signed bilateral security agreements with Ukraine, which brings the total to 20 so far. Allies also agreed to establish a NATO-Ukraine Joint Analysis, Training and Education Centre in Poland. The next NATO Summit in 2025 is set to be held in the Hague, the Netherlands.
UN: General Assembly Adopts Resolution on Nuclear Safety in Ukraine
On 11 July 2024, the United Nations (UN) General Assembly adopted a resolution on the safety and security of nuclear facilities in Ukraine, including the Zaporizhzhia nuclear power plant. The resolution submitted by Ukraine, was sponsored by 50 other countries, including France, Germany and the US. The resolution was adopted by widespread consensus, with 99 countries voting in favour, nine voting against (Belarus, Burundi, Cuba, Democratic People’s Republic of Korea, Eritrea, Mali, Nicaragua, Russia and Syria) and 60 countries abstaining. The resolution calls upon Russia to “urgently withdraw” its military from the Zaporizhzhia nuclear power plant and “immediately return” the plant to full Ukrainian control. Ukraine’s Ambassador and Permanent Representative, Sergiy Kyslytsya, stated that the Zaporizhzhia nuclear power plant had been made an integral part of Russia’s military strategy and warned an incident there would be “catastrophic.” He outlined that the resolution supports the mandate of the International Atomic Energy Agency (IAEA) and underpins the significance of the seven indispensable pillars of nuclear safety and security. Russia’s Deputy Permanent Representative, Dmitry Polyanskiy, stated the resolution was “heavily politicised” and had nothing to do with nuclear safety. He added that the intention was to use this “pseudo nuclear package” to sneak in political elements that do not relate to the specified issue. He accused Ukraine of being the real threat to nuclear safety and security.
Ecuador: NGO Report Discloses Human Rights Violations by Public Officials under Executive Decree 111
On 11 July 2024, the Regional Human Rights Advisory Foundation (Inredh) of Ecuador released a report detailing 45 cases of human rights violations linked to Executive Decree 111, issued by President Daniel Noboa on 9 January 2024. The report covers complaints from 8 January to 8 April 2024, collected through social media, highlighting issues such as extrajudicial executions, forced disappearances, inhumane treatment in prisons, arbitrary detentions, and violations against Indigenous communities’ territories. Decree 111, following a state of emergency declared in Decree 110, permits military and police mobilisation against organised crime and non-state actors. Inredh argues that the situation does not constitute a non-international armed conflict, as the intensity and organisation of the identified groups do not meet necessary thresholds. The NGO expresses concerns that the decrees have been used to justify human rights violations and excessive use of force.
UK: 4 Migrants Die Attempting to Cross the English Channel
On 12 July 2024, it was reported four migrants had died after their boat capsized in the English Channel. The boat overturned off the northern French coast near Boulogne-sur-Mer. The French coastguard confirmed 63 migrants had been rescued and brought to Boulogne where they received medical attention from emergency services. British Home Secretary Yvette Cooper described the incident as “truly awful.” Cooper has launched a Border Security Command intended to crackdown on people-smuggling gangs organising the crossings. A commander for the unit is due to be announced soon. Refugee Council chief executive Enver Solomon said this latest tragedy in the English Channel highlights “the scale of the challenge” facing the new government, and he called for them to open safe routes to stop people taking “deadly risks.” Solomon has appealed for cooperation agreements to be established with European countries to provide safe routes from France and the trial use of refugee visas. Soloman also stated there is no quick fix, but with the right policies in place it is possible to stop these tragic deaths.
https://www.rte.ie/news/2024/0712/1459524-migrants-channel/
USA: Former US President Donald Trump Shot and Injured in Alleged Assassination Attempt at Pennsylvania Rally
On 13 July 2024, former US President Donald Trump was taken to a local medical facility after being shot at a campaign rally in Butler, Pennsylvania. It was reported that a bullet grazed his right ear. The shooter, positioned outside the rally venue, was neutralised by Secret Service personnel and is now deceased. The incident left at least one rally attendee seriously injured and another dead. The Secret Service stated that the shooting occurred from an elevated position, and they have passed information to the FBI for investigation. Political leaders, including Senate Majority Leader Mitch McConnell and former Speaker Nancy Pelosi, condemned the violence. The event has intensified partisan tensions, with some Republicans making unfounded allegations against President Joe Biden. The situation remains ongoing at time of writing.