Frontex turning ‘blind eye’ to human rights violations, says former deputy

Gil Arias Fernández says EU border agency, which is under investigation for illegal migrant pushbacks, cannot stop far-right infiltrating its ranks

The former deputy head of Europe’s border and coastguard agency has said the state of the beleaguered force “pains” him and that it is vulnerable to the “alarming” rise of populism across the continent.

In his first interview since leaving office, Gil Arias Fernández, former deputy director at Frontex and once tipped for the top post, said he was deeply worried about the agency’s damaged reputation, its decision to arm officers, and its inability to stop the far-right infiltrating its ranks, amid anti-migrant movements across Europe.

Continue reading...

Student’s rape and murder puts India’s sexual violence under spotlight again

Despite new laws to combat the problem, a rape is reported every 15 minutes, leaving victims and families crying out for justice

It was a historic day for women in India. Mamata Banerjee and her party won a spectacular election victory in West Bengal, defeating the Hindu nationalist Bharatiya Janata party (BJP) of the prime minister, Narendra Modi, defying many predictions. Securing a third term as chief minister, she was the only woman in such an important position in India.

The following day, 3 May, while TV anchors debated how Banerjee’s win represented not only a strong force against Modi but also made her a powerful woman in a patriarchal country, a 20-year-old student, known only as Jana (her identity cannot be revealed under Indian law), was cornered by two men in a village, about 70 miles west of Kolkata, West Bengal’s main city.

Continue reading...

Polish government faces court action over failure to tackle climate crisis

Five citizens accuse government of failing to protect them from impacts of global heating

Five Polish citizens are taking their government to court over its failure to protect them from the impacts of the climate crisis.

They say the state has breached their rights to life, health and family life by delaying action to cut national carbon emissions and propping up the coal industry.

Continue reading...

EU takes legal action against Germany after tussle between courts

Brussels says German court ruling contradicting ECJ sets ‘dangerous precedent’ for integrity of EU law

Brussels has launched a legal case against Germany over an alleged breach of “the principle of the primacy of EU law” by the country’s constitutional court.

The “infringement proceeding” is the result of a ruling last year by the German federal constitutional court in Karlsruhe which it is claimed undermined the pre-eminence of the European court of justice (ECJ).

Continue reading...

Ratko Mladić: life in prison is as close to justice as his victims will get

Analysis: upholding of genocide conviction for 1995 atrocities is a victorious end to a process few thought would succeed

When Ratko Mladić’s life sentence for genocide and crimes against humanity was confirmed, marking the end of the road for the Bosnian Serb general 10 years after his capture, Munira Subašić was in The Hague courtroom to watch.

In July 1995, Subašić was outside a UN compound, a disused battery factory near Srebrenica, appealing for protection from Dutch peacekeepers along with thousands of other terrified Bosnian Muslims.

Continue reading...

Daughter of Biloela asylum seekers evacuated from Christmas Island for urgent medical care

Australian-born Tharnicaa Murugappan in Perth hospital with suspected blood infection after Tamil family’s 18-month detention on island

The youngest daughter of the Tamil family from Biloela who have been detained for more than 18 months on Christmas Island has been evacuated to Perth for emergency medical care, advocates have said.

Tharnicaa Murugappan has been evacuated along with her mother, Priya, after being hospitalised with a suspected blood infection.

Continue reading...

The Nobel committee should resign over the atrocities in Tigray

Members of the body that awarded the 2019 peace prize to Ethiopia’s premier, Abiy Ahmed, should all depart in protest

The war on Tigray in Ethiopia has been going on for months. Thousands of people have been killed and wounded, women and girls have been raped by military forces, and more than 2 million citizens have been forced out of their homes. Prime minister and Nobel peace prize laureate Abiy Ahmed stated that a nation on its way to “prosperity” would experience a few “rough patches” that would create “blisters”. This is how he rationalised what is alleged to be a genocide.

Nobel committee members have individual responsibility for awarding the 2019 peace prize to Abiy Ahmed, accused of waging the war in Tigray. The members should thus collectively resign their honourable positions at the Nobel committee in protest and defiance.

Continue reading...

ECJ rejects Hungarian case against MEPs’ vote to pursue sanctions

Hungary fails in attempt to argue abstentions should have been taken into account in 2018 vote

The European court of justice has dismissed an attempt by Hungary to reverse the outcome of a vote by MEPs that for the first time in the EU’s history triggered a process that could lead to a country being stripped of voting rights in Brussels.

A resolution in 2018 raising concerns over the independence of Hungary’s judiciary, the functioning of its constitution and attacks on freedoms of association, religion and expression passed by a majority of votes cast.

Continue reading...

Alarm at secret court scheme in UK-Australia trade deal

Campaigners concerned by controversial plans for tribunals where firms can seek compensation for effect of government policies

A free trade deal between the UK and Australia is on course to include a controversial system of secret courts that will allow businesses to seek compensation if their profits are hit by government policies.

In a move that has alarmed trade unions and anti-poverty campaigners, trade minister Greg Hands said UK negotiators were in talks with Australian officials over proposals to include a scheme that will arbitrate on disputes behind closed doors.

Continue reading...

Uncovered: the brutal secrets of UK deportation flight Esparto 11

On 12 August 2020 at 7.48am the first of a series of Home Office flights carrying asylum seekers left Stansted. This is the harrowing story of the hours before it took off and the anguish of those on board

At 7.15am, half an hour before charter flight Esparto 11 took off from Stansted airport, a detainee with a documented history of self-harm asked to use the plane’s bathroom. He was taken to the toilet by an escort working for the Home Office who held the door ajar with his foot and, after several minutes, peered inside to discover the detainee had slashed his wrist with a blade.

Pinning the man with his body weight to gain “control”, another officer squeezed into the bathroom and placed a handcuff on the wrist. According to an account written by officers, the handcuff was used to “[give] him pain”, a reference to a restraint technique which involves deliberately inflicting suffering to gain submission. In this case, most likely by twisting the cuff or pushing it into the wrist.

Continue reading...

‘I’m still alive’: Gomorrah author hails court victory over mafia threats

Roberto Saviano says that a court has shown that the crime clans – whose threats forced him to live with a bodyguard – are not invincible

The internationally renowned anti-mafia writer Roberto Saviano has declared that “journalism has been vindicated; words are vindicated – and so am I”, after a landmark judgment in Rome over threats to his life.

Judges ruled on Monday that a courtroom manoeuvre 13 years ago by a Camorra mafia boss and his lawyer constituted a threat to Saviano’s life, and that of a colleague – Rosaria Capacchione, then of the Naples daily Il Mattino – condemning the journalists to live ever since in the shadows, under bodyguard.

Continue reading...

Kenya’s high court overturns president’s bid to amend constitution

Judges rule that Uhuru Kenyatta, who claimed BBI plan was to end country’s cycle of post-election violence, overstepped his authority and can be sued

The high court in Nairobi has overturned the president’s three-year quest to amend Kenya’s 11-year-old constitution.

In a ruling heavily critical of President Uhuru Kenyatta, five judges said he had no authority to bring forward plans to create more executive positions and parliamentary constituencies.

Continue reading...

Nigeria’s court strike paralyses underfunded justice system

Defendants left in prison for months awaiting trial as staff strike over judicial system’s financial autonomy

A nationwide strike of court workers in Nigeria is paralysing the justice system, resulting in extended prison remands for those awaiting trial or sentencing and lengthy delays for everyone else.

In March last year, Taiwo Ebun*, 27, was arrested for alleged armed robbery in Lagos. Since then he has been in detention.

Continue reading...

GCHQ’s mass data interception violated right to privacy, court rules

Human rights judgment follows legal challenge begun in 2013 after Edward Snowden’s whistleblowing revelations

GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was “not in accordance with the law”, the grand chamber of the European court of human rights has ruled.

It also found the bulk interception regime contained insufficient protections for confidential journalistic material but said the decision to operate a bulk interception regime did not of itself violate the European convention on human rights.

Continue reading...

Gaza damage and Glasgow raids: human rights this fortnight in pictures

A roundup of the coverage on struggles for human rights and freedoms, from Myanmar to Peru

Continue reading...

Petra Diamonds pays £4.3m to Tanzanians ‘abused’ by its contractors

Firm settles over allegations claimants were shot, stabbed and beaten by guards at mine that produced one of Queen’s favourite gems

The British mining company Petra Diamonds has agreed to pay £4.3m in compensation to dozens of Tanzanians who allegedly suffered serious human rights abuses at a mine famed for producing a flawless pink diamond for one of the Queen’s favourite brooches.

The 71 Tanzanian claimants, represented in the London high court by the British law firm Leigh Day, alleged grave violations by the company, among them being shot, beaten, stabbed, assaulted, detained in cramped and filthy holding cells, and handcuffed to hospital beds.

Continue reading...

Iranian asylum seeker cleared of Channel smuggling charges

Man who took turn steering boat ‘because he didn’t want to die’ freed, with case opening way for others to appeal their sentences

An asylum seeker jailed on smuggling charges for helping to steer a boat filled with migrants from France to England has had his conviction overturned at a retrial after spending 17 months in jail.

Lawyers and campaigners say the verdict could lead to other migrants currently in jail on smuggling charges being freed, allowing the Home Office policy of prosecuting asylum seekers who play a role in piloting boats across the Channel to be challenged more widely.

Continue reading...

‘Bodies are being eaten by hyenas; girls of eight raped’: inside the Tigray conflict

A nun working in war-torn Tigray has shared her harrowing testimony of the atrocities taking place

The Ethiopian nun, who has to remain anonymous for her own security, is working in Mekelle, Tigray’s capital, and surrounding areas, helping some of the tens of thousands of people displaced by the fighting who have been streaming into camps in the hope of finding shelter and food. Both are in short supply. Humanitarian aid is being largely blocked and a wholesale crackdown is seeing civilians being picked off in the countryside, either shot or rounded up and taken to overcrowded prisons. She spoke to Tracy McVeigh this week.

“After the last few months I’m happy to be alive. I have to be OK. Mostly we are going out to the IDP [internally displaced people] camps and the community centres where people are. They are in a bad way.

Continue reading...

Rape is being used as weapon of war in Ethiopia, say witnesses

Ethiopian nun speaks of widespread horror she and colleagues are seeing on a daily basis inside the heavily isolated region of Tigray

Thousands of women and girls are being targeted by the deliberate tactic of using rape as a weapon in the civil war that has erupted in Ethiopia, according to eyewitnesses.

In a rare account from inside the heavily isolated region of Tigray, where communications with the outside world are being deliberately cut off, an Ethiopian nun has spoken of the widespread horror she and her colleagues are seeing on a daily basis since a savage war erupted six months ago.

Continue reading...

‘Weak’ US let Saudis jail more dissidents, says rights group

Lack of US sanctions on crown prince led to harsher sentences for critics of regime, Grant Liberty reports

The Biden administration’s failure to impose sanctions on Saudi Arabia’s crown prince, Mohammed bin Salman, has led to a increase in severe sentences for political prisoners in the kingdom, the Guardian can reveal.

The UK-based human rights organisation Grant Liberty found that twice as many harsh sentences had been meted out to Saudi prisoners of conscience in April than in the first three months of this year combined. It followed the Biden administration’s decision on 26 February to publish an intelligence report that showed the crown prince, “approved an operation in Istanbul, Turkey, to capture or kill Saudi journalist Jamal Khashoggi”.

Continue reading...