Impunity Watch: Europe

BRIEF: Popular Holocaust Tale A Fiction

BRUSSELS, Belgium - A Belgian woman revealed in an interview with the daily Le Soir that she invented a tale that she once called a 'true story' about her own experience in the holocaust.  The story reads as an autobiographical account of a young Jewish girl who travels with a pack of wolves while searching for her parents after their deportation.  Her story prompted the creation of a novel and a hit film about her ordeal. 

Monique De Wael now admits that she was not Jewish, and that she made up the story.  She apologizes to those who she betrayed, saying "I seek forgiveness...but I implore them to put themselves in the position of a little four-year-old girl who has lost everything, who has to survive." 

For more information, please see:

BBC - Belgian invents 'Holocaust' tale - 29 February 2008

BRIEF: Russia May Support UN Sanctions Against Iran

MOSCOW, Russia - Russian officials have indicated that they may back a new set of UN sanctions against Iran.  Until recently, Russia has been reluctant to subject Iran to additional sanctions beyond those which were imposed in 2006 and 2007.  Russia's support of additional sanctions will likely turn on whether Iran continues its plutonium enrichment activities. 

For more information, please see:

BBC - Russia may support Iran sanctions - 27 February 2008

German High Court Restricts Cyber-Spying

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

KARLSRUHE, Germany - Germany's highest court ruled today that cyber-spying violates privacy rights and may only be used by the government to monitor citizens in exceptional cases.  Until today, federal law gave authorities wide discretion to use virus software to monitor a suspect's online activity, and potentially gain access to data stored on his or her computer.  Cyber-spying is most commonly used to investigate persons suspected of being involved in terrorist activity.   

The landmark case that led to the decision today originated out of North Rhine-Westphalia, and had both state and federal law implications. 

Despite the German government's argument that cyber-spying is a vital tool for fighting terrorists, the court effectively held today that the law needs additional regulation.  Presiding Judge Hans-Juergen Papier announced that the software "contravened [privacy] rights enshrined in Germany's constitution."  Explaining part of the court's rationale, Papier said, "Collecting such data directly encroaches on a citizen's rights, [and] given the fear of being observed...can prevent unselfconscious personal communication." 

German Interior Minister Wolfgang Schaeuble welcomed the court's ruling and announced that he will begin preparations for a new law that is compliant with the court's decision.  In the future, authorities will likely need to obtain a court's permission to engage in cyber-spying. 

German authorities have stepped up anti-terror measures since a bomb was discovered on two trains in 2006.  Luckily, the bomb failed to detonate because of a technical problem with the device.  As a result of increased surveillance, Germany has uncovered several terror plots in recent years. 

The decision is expected to pacify civil rights activists that have called cyber-spying an unacceptable invasion of privacy. 

For more information, please see:

BBC - Germany eyes tighter terror laws - 23 August 2006

BBC - German court limits cyber spying - 27 February 2008

Yahoo (AP) - Court shoots down computer surveillance - 27 February 2008

Russian Civil Rights Reported to be in Peril as Citizens Prepare to Vote

by Sarah Benczik
Impunity Watch Reporter, Europe

MOSCOW, Russia - Just five days before Russia's presidential election, Amnesty International has announced that civil rights have eroded under President Vladimir Putin's leadership.  Russians will vote on Sunday, but there is little doubt that Russia's First Deputy Prime Minister Dmitry Medvedev will win easily.  Medvedev has been endorsed and strongly supported by Putin, who is praised by most Russians for creating a stronger Russian economy. 

Europe's main election watchdog, the Organisation for Security and Cooperation in Europe (OSCE), has abandoned monitoring the vote due to restrictions being imposed on its work.  Christian Strohal, the director of OSCE's Office for Democratic Institutions and Human Rights (ODHIR), said Russia imposed restrictions and limitations which would not allow the ODHIR to deliver a professional job.  Among the restrictions imposed by Russia were limitations on the number of observers and the length of time they could be in Russia.  When Russia offered concessions to keep the ODHIR involved, the monitors argued that arriving three days before the vote would mean they could not monitor the election campaign to see if it was free and fair for all candidates, including their access to Russia's media.  OSCE's declined to accept the concessions, and as was the case for December's parliamentary elections as well, decided not to observe th election process.

Amnesty International's report criticised new laws restricting non-government organizations (NGOs), police breaking up anti-Kremlin demonstrations, and complaints of harassment from critics of the Kremlin. "Human rights defenders, independent civil soceity organizations, political opponents and ordinary citizens have all been victims of this roll-back on civil and political rights," said the report.

Reports from individuals across Russia have raised suspicion in the West that Russia's democracy is more of an autocracy.  Yaroslabvl's Governor Anatoliy Lisitsyn, once a critic of President Putin, has become a recent ardent supporter.  When questioned as to why, he said that a criminal case was brought against him a few years ago and he was summoned to Moscow.  He emerged from his meetings in the Kremlin "on message," and the charges against him dropped.  "The president is at the peak of his form," said Lisitsyn.  "He's the one who understands what Russia needs.  Nobody could do a better job."

In Nizhny Novgorod, an historic region on the Volga River, Mr. Putin's allies control nearly all political offices.  The Governor there, Valery Shantsev, was appointed to his position after the election of governors was abolished in 2004.  Shantsev was charged with running the region and ensuring that United Russia, President Putin's party, wins elections.  On the day of the parliamentary elections, regional election commissioners wore large United Russia badges.  United Russia's leader in Nizhny Novogorod, Sergei Nekrasov, commented, "In my opinion, at a certain stage, like now, it is not only useful, it is even necessary ... I would propose to suspend all this election business for the time being, at least for managerial positions."

Other reports indicate that in a vehicle factory in Nizhny Novgorod, shortly before parliamentary elections, foremen fanned out across the factory, pulled aside assembly-line workers, and gave them an order to vote for President Putin's party.  "They were instructed to phone in after they left their polling places.  Names would be tallied, defiance punished," reports Clifford Levy, a reporter for the New York Times. 

Last year police quashed street protests by an anti-Kremlin coalition, and several murders or mysterious deaths of journalists critical of the Russian authorities remain unsolved.        

Despite these reports, however, most Russians seem content with the circumstances.  "The absence of democracy doesn't affect me.  I'm earning more.  My business is growing.  One day we will have it.  But we have to sort out the urget things first.  The state must become strong," said Sergei Rozov, a Russian citizen living in Yaroslavl. 

The Kremlin says it is committed to human rights and democracy, and accuses Western governments of using rights as a political weapon to try to limit Russia's resurgence on the world stage.

"The West forgets that there has never been a history of democracy of freedom here," said a commentor from Nizhniy Novgorod on the New York Times website.  "But thank goodness, it's beginning."

For more information, please see:

BBC - Has Putin sapped Russian democracy? - 14 February 2008

BBC - OSCE to boycott Russian election - 7 February 2008

New York Times - Putin's Iron Grip on Russia Suffocates Opponents - 24 February 2008

Reuters - Civil rights eroded in Putin's Russia -- Amnesty - 26 February 2008

BRIEF: Nineteen Officers Injured in Protest Near Kosovo Border

KOSOVSKA MITROVICA, Kosovo - Serbian rioters hurled stones and bottles at Kosovan police officers during a protest against Kosovo's independence that took place this morning.  The protest occurred at a border crossing approximately 18 miles northeast of Pristina.  Nineteen officers were injured before NATO peacekeepers brought the situation under control.  Tear gas was used to disperse the crowd.   

For more information, please see:

Yahoo (AP) - Kosovo cops fire tear gas to end protest - 25 February 2008

UPDATE: Serbia Seeks Rioters Who Set Embassy Fires, Divide Between Serbia's Leadership Widens

BELGRADE, Serbia - Serbia's top state prosecutor, Slobodan Radovanovic, announced Saturday that authorities were attempting to apprehend the rioters who attacked the U.S., British, German, Croatian, and Turkish Embassies last Thursday. 

Reports indicate that 150 people were injured during the protests, and that one person, a 21-year-old student, was killed after protests turned violent.  Serbian police reported that nearly 200 rioters have already been arrested.

The Serbian government condemned the attacks, but some of its political leaders have taken a different view.  Serbia's minister for Kosovo, Slobodan Samardzic, blamed the US for the violence, and some analysts believe that the rhetoric of Vojislav Kostunica, Serbia's Prime Minister, has become more nationalistic.  While Serbia's president, Boris Tadic, continues to be described as pro-Western, Tomislav Nikolic, the leader of Serbia's far-right Radical Party who made a strong showing in recent presidential elections, has exploited anger over Kosovo to argue that Serbia should look to Moscow for support instead.  As demonstrators gathered near the U.S. Embassy Thursday night, Nikolic said to the crowd, "We will not rest until Kosovo is again under Serbia's control... Hilter could not take it away from us, and neither will today's Western powers."

For more information, please see:

Impunity Watch - Update: Protesters Burn US Embassy in Serbia - 22 February 2008

New York Times - Serbia Seeks Rioters Who Set Fire to the U.S. Embassy - 24 February 2008

BRIEF: EU Pressures Poland and Romania to Respond to Allegations of Aiding US Extraordinary Rendition

BRUSSELS, Belgium - Last year the Council of Europe released a report accusing Poland and Romania of hosting CIA prisons where al Qaeda suspects were being questioned and possibly tortured. The report's author, Dick Marty, said U.S. intelligence and other sources told him the two EU members hosted secret jails under a special CIA program created after 9/11 "to 'kill, capture and detain' terrorist suspects deemed of 'high value'."  Marty also reported that Germany and Italy attempted to obstruct his investigation.

EU Justice Commissioner Franco Frattini renewed his appeal for the countries to respond to the Council's report after the UK announced the US had possibly landed flights with terrorist suspects on UK territory.  Frattini said in 2005 that if reports of secret CIA prison in Europe were true, states would faces serious consequences including the possible suspension of their EU voting rights.

For more information, please see:

Associated Press - Romania base suspected CIA prisoner site - 23 February 2008

Impunity Watch - British Foreign Secretary Admits US Rendition Flights Landed on UK Territory - 21 February 2008

Reuters - EU awaiting Polish, Romanian replies on CIA jails - 22 February 2008

UPDATE: Protesters Burn U.S. Embassy in Serbia

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

BELGRADE, Serbia - Hopes for a peaceful transition to an independent Kosovo were shattered when violence erupted on Thursday in Belgrade.  Approximately 1,000 Serbians protesting Kosovo's secession broke into the U.S. Embassy, destroyed furniture and windows, and even set part of the complex on fire. 

Fortunately, the embassy's staff was not present during the attack because the building had been closed earlier in the day due to security concerns.  The only Americans at the embassy at the time were U.S. marines, and they were accounted for after the incident.  Riot police were able to regain control of the complex approximately 45 minutes after the first blaze was set. 

Only one protester was found dead in the embassy.  He died from fire-related injuries. 

Both the United States and the European Union (EU) condemned the attack.  Despite assurances from Serbia that the incident would not be repeated, U.S. Spokesman Sean McCormack warned Serbian Prime Minister Vojislav Kostunica that the U.S. would "Hold Serbia responsible for any further damage."  The U.N. Security Council also weighed in on the situation, commenting that "Host governments like Belgrade must honor their obligation to protect diplomatic premises."  Even Russia, which has supported Serbia on the issue of Kosovo, indicated that it was displeased with Serbia for the attack.

The Turkish, British, and Croatian Embassies were also targets for violence. 

The attack came at the conclusion of several peaceful protests against Kosovo's secession from Serbia.  Approximately 150,000 people rallied in front of the national parliament against Kosovo and the western nations that supported its independence earlier in the day.  The event was state-sponsored: schools were closed and railways provided free transportation to encourage as much participation as possible.  The escalation to violence may have been intended to encourage other nations not to recognize Kosovo as a sovereign nation.   

Serbian President Boris Tadic, who was in Romania during the incident, encouraged Serbians to keep the peace.  He told them that "Violence only keeps Kosovo distant from Serbia" and that it was "Damaging Serbia's efforts to defend its claim to Kosovo." 

Most Serbians believe that Kosovo is part of Serbia's cultural and historic heartland, and for that reason they vow never to recognize it as an independent state. Tomislav Nikolic, a leader in the ultra-nationalist radical party, gave an inciteful speech to Serbians expressing that, "We will not rest until Kosovo is again under Serbia's control.  Hitler could not take it away from us, and neither will today's [western powers]."

For more information, please see:

BBC - Storm over Serbia embassy attacks - 22 February 2008

CNN - Serb protesters attack U.S. Embassy - 21 February 2008

Impunity Watch - Kosovo Independence Increases Threat of Partition - 19 February 2008

Yahoo (AP) - Serbs break into US Embassy, set fire - 22 February 2008

British Foreign Secretary Admits US Rendition Flights Landed on UK Territory

By Sarah Benczik
Impunity Watch Reporter, Europe

LONDON, UK - Britain's Foreign Secretary David Milliband today reported that the US used British territory to refuel two US rendition flights carrying terrorist suspects.

Until today's announcement, the British government had denied participation in US rendition of terrorist suspects.  Under its agreement with the UK, the US is supposed to seek permission to use the Indian Ocean military base for such flights.  Milliband reported that the US confirmed last week for the first time that two flights carrying terrorist suspects had landed in British territory.  Previously, the US had assured British officials that no US detainees had been held on Diego Garcia or any other UK territory.

Milliband apologized to Parliament, and stated that the British government expects the US to seek prior permission.  He also stated that permission would only be granted "if we are satisfied that the rendition would accord with U.K. law and our international obligations, and how we understand our obligations under the U.N. Convention Against Torture."

Information regarding the two flights came to light during a recent US investigation.  In both cases, a US plane with a single detainee on board refueled at the US facility in Diego Garcia. The US reports that the detainees did not leave the plane.  One flight was transporting a suspect to Morocco, while the other was carrying a suspect to the US military prison in Guantanamo Bay.  One of the suspects is still being held at Guantanamo, while the other has been released. 

In 2005, UN Special Rapporteur on Torture Manfred Nowak reported allegations that the US was secretly detaining prisoners on military vessels at the US naval base on Diego Garcia.  In 2007, flight logs were discovered that provided the first evidence that CIA flights had landed there, but an 18-month British police inquiry concluded that Britain did not allow CIA 'torture flights' to use its airports to take terror suspects out of Europe. In 2007, other European countries, including Poland and Romania, admitted to the existence of 'black sites' on their territories.

Milibrand has pledged to conduct a new inquiry into the US's conduct:  "I have asked my officials to compile a list of all the flights where we have been alerted to concerns regarding rendition through the U.K. or our overseas territories. Once this is ready we will be sending this list to the U.S. and seeking their specific assurance that none of these flights were used for rendition purposes."

For more information, please see:

Associated Press - Britian: US Flights Landed on UK Soil - 21 February 2008

CBS News - UK: Rendition flights landed on our soil - 21 February 2008

Guardian - Timeline: CIA rendition - 21 February 2008

Jurist - CIA rendition flights refueled on UK Indian Ocean island: UK foreign secretary - 21 February 2008

Telegraph - British airports 'used for US rendition flights' - 21 February 2008

BRIEF: Russia Declares Kosovo Peace and Justice Mission Illegal

MOSCOW, Russia - Russia's Foreign Minister announced today that the European Union's (EU) Peace and Justice Mission to Kosovo is a breach of the "highest international law."  The EU mission seeks to send 2,000 civilians to Kosovo to assist with the implementation of a new government.  Russia's primary complaint with Kosovo's declaration of independence is that its unilateral action encourages separatism around the world. 

Additionally, NATO peacekeepers were called this week to restore order after Serbian protesters used bulldozers and explosives to destroy border posts at Jarinje and Brnjak.    

For more information, please see:

BBC - EU Kosovo mission branded illegal - 20 February 2008