Posts Tagged ‘Germany’

Transnational repression against exiled Egyptian journalist Basma Mostafa must end

June 27, 2025

Egypt: End transnational repression against exiled journalist Basma Mostafa - Protection

Photo credit: Ben Schumin, CC BY-SA 2.0

ARTICLE 19, and the undersigned human rights organistions, call on the Egyptian government to immediately end its campaign of transnational repression targeting exiled Egyptian journalists. We specifically urge the government to respond to the UN report detailing the harassment and surveillance of Egyptian investigative journalist Basma Mostafa, currently residing in Germany. We further urge German authorities to ensure her safety and uphold their international obligations to protect freedom of expression.

Despite seeking safety in exile, Mostafa continues to face threats, surveillance, harassment, and online gender-based violence across multiple countries—including Germany, Switzerland, Kenya, and Lebanon—simply for doing her work. These acts are detailed in a joint communication from UN Special Rapporteurs (AL EGY 6/2024), which documents a disturbing pattern of cross-border intimidation carried out by or with the acquiescence of Egyptian authorities.

Germany’s former Human Rights Commissioner, Luise Amtsberg, has publicly condemned Egypt’s transnational repression and urged the Egyptian government to address findings outlined in the UN report. The Egyptian authorities have yet to issue an official response. The silence is telling.

Mostafa is a prominent investigative journalist known for reporting on human rights abuses in Egypt, including tortureand extrajudicial killings. She was arrested in 2016 while covering protests, and again twice in 2020 while reporting on a police raid in southern Egypt. After facing charges of spreading false news and joining a terrorist organization, she was released on bail and forced into exile. [https://humanrightsdefenders.blog/2024/11/30/human-rights-defenders-story-basma-mostafa-from-egypt/]

Her case is not isolated; Egypt is among the world’s top perpetrators of transnational repression, using tactics such as arresting journalists’ family members, blocking access to exile-based media, targeting journalists with spyware, and denying consular services and identity documents for those living abroad and their family members, including children. In another notable case, a Berlin court convicted a man for charges related to spying for the Egyptian regime, including on Egyptian exiles while working in the press office of former Chancellor Angela Merkel, where he had access to data on exiled Egyptian journalists accredited with the Federal Press Office.

We call on the Egyptian authorities to immediately respond to UN communication AL EGY 6/2024 and end all forms of transnational repression against Egyptian journalists and critics in exile. Egypt must stop targeting journalists abroad and ensure independent, transparent investigations to hold perpetrators accountable.

We also urge the German authorities to protect exiled journalists and critics from intimidation tactics by foreign governments and those working on their behalf, in line with their International Covenant on Civil and Political Rights (ICCPR) obligations and the 2023 Declaration of Principles to Combat Transnational Repression. Germany must provide full protection to Basma Mostafa, ensure accountability for her assault, investigate all attacks, harassment, and surveillance on its soil, and use its influence to demand that Egypt end its campaign of transnational repression.

Signed by:

  1. Access Now
  2. ARTICLE 19
  3. Cairo Institute for Human Rights Studies (CIHRS)
  4. Cartoonists Rights
  5. Committee for Justice (CFJ)
  6. Committee to Protect Journalists (CPJ)
  7. Egyptian Commission for Rights and Freedoms (ECRF)
  8. Egyptian Front for Human Rights (EFHR)
  9. Egyptian Human Rights Forum (EHRF)
  10. EuroMed Rights
  11. EuroMed Rights Network
  12. Gulf Centre for Human Rights (GCHR)
  13. HuMENA for Human Rights and Civic Engagement
  14. Human Rights Watch
  15. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
  16. International Service for Human Rights (ISHR)
  17. Intersection Association for Rights and Freedoms
  18. Law and Democracy Support Foundation (LDSF)
  19. MENA Rights Group
  20. Middle East Democracy Center (MEDC)
  21. PEN America
  22. PEN Berlin
  23. Robert F. Kennedy Human Rights
  24. Samir Kassir Foundation (SKF)
  25. The Regional Coalition for Women Human Rights Defenders in South West Asia and North Africa (WHRDMENA)
  26. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

https://euobserver.com/eu-and-the-world/ar65312e54

Tajik Activist Taken Into Custody Upon Arrival After German Deportation

November 9, 2024
Dilmurod Ergashev (file photo)
Dilmurod Ergashev (file photo)

Tajik opposition activist Dilmurod Ergashev was reportedly taken into custody by authorities as he disembarked a plane in Dushanbe after being deported by Germany hours earlier. Sharofiddin Gadoev, leader of the opposition Movement for Reform and Development of Tajikistan, told RFE/RL that Ergashev was met by Tajik security officials, who declined to comment on the situation.

His case has raised concerns among human rights advocates and international observers, given the serious allegations of potential torture and the lack of transparency regarding Ergashev’s condition following his deportation.

Ergashev reportedly attempted to harm himself by slitting his wrists and legs as German police were preparing to escort him to the airport on November 6. The Insider investigative group reported that Ergashev was hospitalized after the incident, but that the deportation proceeded regardless.

Gadoev said Ergashev’s health condition during the deportation was poor, and that since his arrival in Tajikistan, no further information has been available about his whereabouts or well-being.

RFE/RL’s efforts to obtain an official statement from Tajik authorities have been unsuccessful with representatives of the Prosecutor-General’s Office and the Interior Ministry failing to respond to inquiries.

Leila Nazgul Seiitbek, head of the Vienna-based organization Freedom for Eurasia, informed RFE/RL on November 7 that her organization has appealed to the European Court of Human Rights, seeking intervention in Ergashev’s case and advocating for his safe return from Tajikistan.

Seiitbek noted that her organization had called on German authorities to halt the deportation, arguing that Ergashev faces a high risk of torture in Tajikistan. The deportation order was issued by the Administrative Court of the German town of Kleve on October 28, immediately following Ergashev’s detention.

His associates argued that the court disregarded Ergashev’s pending asylum application in another German court, which is still under consideration.

Ergashev is a prominent member of the Group 24 movement.

Group 24 was founded by businessman Umarali Quvatov, who was assassinated in Turkey in 2015. The group has been a vocal critic of the Tajik government and advocates for democratic reforms. Tajik authorities have labeled it “extremist.” In 2024, Ergashev joined the Movement for Reform and Development of Tajikistan movement.

Ergashev had been living in Germany for the past 13 years as his cases wound through German courts.

https://www.rferl.org/a/germany-tajikistan-deportation-tajik-opposition-activist-dilmurod-ergashev-rights/33194321.html

Germany Prosecutes Environmental Defenders says HRW

May 30, 2024

Nina Alizadeh Marandi of HRW on 28 May 2024 said that German environmental activists are facing increasingly harsh rhetoric and legal action from authorities as they mobilize to confront the climate crisis.

Last week, on 21 May, Germany’s efforts to curb environmental activism took a disturbing turn when authorities used an offence typically reserved for prosecutorial pursuit of serious organized crime to indict Letzte Generation (Last Generation), a climate activist group known for disruptive protests such as roadblocks and other acts of civil disobedience, as a criminal organization. A conviction under federal law would pave the way for prosecuting anyone who participates in or supports Letzte Generation, including administratively or financially.

This heavy-handed approach reflects a troubling trend in Europe of stifling civil society and climate activism. Such actions chill public participation in protests against state policies or state inaction on a range of urgent issues. [see also:https://humanrightsdefenders.blog/2024/03/04/state-repression-of-environmental-defenders-a-major-threat-to-human-rights/]

The investigation into Letzte Generation as a criminal organization has involved armed police conducting predawn raids, storming private apartments while the activists were still asleep, and granting warrants for police to surveil the group’s communications, including calls made with media.

Last year the group’s website was temporarily seized during a fundraising campaign, with a notice from the police falsely labeling Letzte Generation a criminal organization and stating any donation constitutes illegal support for crime. This move by the police, despite no judicial assessment of the charges having taken place, exposes a deeply worrying bias against the group and raises questions about whether authorities are respecting due process.

International law protects the right to public participation in environmental matters and recognizes peaceful, nonviolent civil disobedience as a legitimate form of assembly. Disruptions like traffic blockades, while inconvenient, generally do not constitute violence under international standards, although damage to or destruction of private or public property may.

While civil disobedience often involves breaking national laws, authorities are required to respond proportionately, giving due weight to the right to protest and the importance to the public interest of the issues at stake.

The government’s extreme response to Letzte Generation’s activism appears disproportionate, threatens the very right to protest, and smears climate activists when their cause has never been more urgent. Instead of intimidating environmental defenders, Germany should live up to its commitment to ambitious climate action and investigate the concerns that groups like Letzte Generation raise.

https://www.hrw.org/news/2024/05/28/germany-prosecutes-environmental-defenders

But it can also be undone: see: https://www.hrw.org/news/2024/05/29/uk-court-rules-anti-protest-measures-unlawful

CIVICUS annual report 2023; PEOPLE POWER UNDER ATTACK: the good, the bad and the ugly:

February 12, 2024

Almost a third of the world’s population now lives in countries with closed civic space. This is the highest percentage since 2018, when CIVICUS began systematically tracking civic space conditions around the world. This startling decline – from 26 per cent living in closed countries in 2018 to 30.6 per cent today – points to a major civic space crisis that requires immediate, global efforts to reverse. This year we also recorded the lowest percentage of humanity living in open countries, where civic space is both free and protected. Today, just two per cent of the world’s population enjoys the freedom to associate, demonstrate and express dissent without significant constraints, down from almost four per cent just five years ago.

Since the previous edition of this report, which covered 2022, civic space ratings have changed for 12 countries over the last year, worsening in seven countries and improving in five.

The latest CIVICUS Monitor country ratings update in December 2023 indicates that civil society faces an increasingly hostile environment. There are now 28 countries or territories with closed civic space, 50 with repressed civic space and 40 with obstructed civic space, meaning that 118 of 198 countries and territories are experiencing severe restrictions in fundamental freedoms. In comparison, 43 countries have narrowed civic space and just 37 have an open rating.

The severity of the civic space deterioration is exemplified by the number of countries moving to the repressed or closed category. Of the seven countries being downgraded, five moved to the two worst categories. Bangladesh and Venezuela are now rated as closed and Kyrgyzstan, Senegal and Sri Lanka are downgraded to the repressed rating as conditions for civil society continue to worsen.

Europe continues to add to the list of downgraded countries, with Bosnia and Herzegovina now placed in the obstructed category and Germany moving from an open to a narrowed rating. Over the past six years, 12 European countries have seen their ratings downgraded due to deteriorating civic space conditions.

Five countries have upgraded ratings in 2023, although, as in previous years, the situation for civil society in these countries continues to be challenging. Libya moved from the closed to the repressed category. Benin, Lesotho and Madagascar have moved from the repressed to the obstructed category. Notably, Timor-Leste has joined the narrowed category. Regional sections describe the conditions that led to ratings changes.

Compare last year: https://humanrightsdefenders.blog/2022/06/29/civicus-state-of-civil-society-report-2022/

https://monitor.civicus.org/globalfindings_2023

Germany’s fear of being seen as antisemitic goes over the top

December 21, 2023

On 20 December 2023 Jakob Guhl posted in Index on Censorship a piece stating that German authorities are increasingly silencing pro-Palestine activism in an effort to stamp out anything they fear could be seen as antisemitic. He makes some excellent points (which apply also outside Germany):

..The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists…

There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.

While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians. [see also: https://humanrightsdefenders.blog/2021/01/18/israel-and-apartheid-israeli-human-rights-group-stirs-debate/]..

The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the Nakba (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.

Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.

While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.

Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.

In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”

These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.

Curtailing civic spaces

While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.

BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.

The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in SyriaVenezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.

The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.

Conversation stoppers

Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.

In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.

Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.

https://www.indexoncensorship.org/2023/12/from-the-danube-to-the-baltic-sea-germany-takes-an-authoritarian-turn/

CIVICUS 2023: almost one third of humanity now lives in countries with ‘closed’ civic space

December 7, 2023

The CIVICUS Monitor, which tracks freedom of association, peaceful assembly and expression in 198 countries and territories, announced in a new report – “People Power Under Attack 2023” – that almost one third of humanity now lives in countries with ‘closed’ civic space.

This is the highest percentage –30.6% of the world’s population– living in the most restrictive possible environment since CIVICUS Monitor’s first report in 2018. Meanwhile, just 2.1% of people live in ‘open’ countries, where civic space is both free and protected, the lowest percentage yet and almost half the rate of six years ago.

We are witnessing an unprecedented global crackdown on civic space,” said CIVICUS Monitor lead researcher Marianna Belalba Barreto. “The world is nearing a tipping point where repression, already widespread, becomes dominant. Governments and world leaders must work urgently to reverse this downward path before it is too late.

The CIVICUS Monitor rates each country’s civic space conditions based on data collected throughout the year from country-focused civil society activists, regionally-based research teams, international human rights indices and the Monitor’s own in-house experts. The data from these four separate sources are then combined to assign each country a rating as either ‘open,’ ‘narrowed,’ ‘obstructed,’ ‘repressed’ or ‘closed.’

Seven countries saw their ratings drop this year. These include Venezuela and Bangladesh, each now rated ‘closed’ due to intensifications of existing crackdowns on activists, journalists and civil society.

Democratic countries slipped too. Europe’s largest democracy, Germany, fell from ‘open’ to ‘narrowed’ amid protest bans and targeting of environmental activists. Bosnia & Herzegovina also declined to ‘obstructed,’ the twelfth European country downgraded since 2018.

One of 2023’s most dramatic slides occurred in Senegal, once considered among West Africa’s most stable democracies. Senegal entered the ‘repressed’ category amid sustained government persecution of protesters, journalists and opposition ahead of February elections.

“The range of countries where authorities restricted citizen participation in 2023 shows clampdowns are not isolated incidents but are part of a global pattern,” said Belalba. “A global backslide requires a global response. If citizens are not able to freely gather, organise and speak out, the world will not be able to solve inequality, confront the climate crisis and bring an end to war and conflict.”

CIVICUS Monitor data shows that worldwide, authorities target people’s freedom of expression above all else. Half of all documented violations in 2023 targeted free speech, with incidents ranging from a bombing outside a journalist’s house in Indonesia, the arrest of the head of a radio station in Tunisia and police pepper-spraying a reporter covering a protest in the United States.

Our research also reveals that intimidation is the number one tactic to restrict citizen freedoms. Human rights defenders, activists and media experienced intimidation in at least 107 countries. Media in particular bear the brunt, with 64% of incidents targeting journalists.

Despite these alarming trends, People Power Under Attack 2023 highlights areas of progress too. Timor-Leste’s civic space moved up to the second best rating ‘narrowed’ from ‘obstructed,’ reflecting the country’s commitment to fundamental freedoms. Four other countries saw ratings improve, though they remain in ‘repressed’ or ‘obstructed’ zones.

The report also details bright spots where countries made steps toward opening societies. Among these, Fiji repealed a restrictive media law. The Kenyan courts recognised the right of LGBTQI+ people to associate. Even Tajikistan, rated ‘closed,’ created a national human rights strategy with civil society input. Still, these and other improvements remain halting and often disconnected compared to widespread repression.

“These small steps show that even amid unprecedented restrictions, civil society is pushing back,” said Belalba. “These courageous acts of resistance by active citizens and civil society organisations give us hope that the downward trend is not permanent and can be reversed.”

See also: https://humanrightsdefenders.blog/2022/01/18/2021-global-data-report-from-the-civicus-monitor/

To access the full CIVICUS Monitor report, please visit monitor.civicus.org

https://www.rfa.org/english/news/vietnam/vietnam-civicus-report-12072023001010.html

Vacancy: Legal Advisor in Business and Human Rights

November 11, 2022

The European Center for Constitutional and Human Rights (ECCHR) is an independent, non-profit organization dedicated to enforcing civil and human rights worldwide. They initiate, lead and support legal interventions to hold state and non-state actors accountable for human rights abuses.

ECCHR is looking for a candidate with an interdisciplinary profile and at least two years of relevant work experience. A deep understanding of the Business and Human Rights field and the political and legal debates around the German supply chain law is essential.

A deep understanding of Business and Human Rights discussions, especially possible
interventions and legal mechanisms under human rights due diligence and supply chain laws,
in particular the German supply chain law. Excellent written and spoken German and English skills are required, Spanish or French are a plusThe position is ideally to be filled by January 2023 and is limited to May 31st 2024.

Please send your written application in German or English until by email only in one attachment by 15, November 2022 to:

European Center for Constitutional and Human Rights, E-Mail: info@ecchr.eu
European Center for Constitutional and Human Rights
Zossener Str. 55-58, Aufgang D
10961 Berlin
http://www.ecchr.eu
E-Mail: info@ecchr.eu

Angela Merkel wins UNHCR’s Nansen Award for protecting refugees at height of Syria crisis

October 11, 2022

Angela Merkel, the former Federal Chancellor of Germany, accepted the 2022 UNHCR Nansen Refugee Award at a special ceremony in Geneva on Monday night, 10 October, saying the prize was in honour of “the countless people who lent a hand” when large numbers of refugees arrived in Europe in 2015 and 2016.  

She has won several other human rights awards: see: https://www.trueheroesfilms.org/thedigest/laureates/582C2D4E-FDD9-9C1D-40F3-64DE01C2F46E

Merkel had been selected as the latest recipient of the Nansen Refugee Award for her efforts to welcome more than 1.2 million refugees and asylum seekers into Germany between 2015 and 2016, at the height of the conflict in Syria and amid deadly violence in countries around the world. The selection committee hailed Merkel’s “leadership, courage and compassion in ensuring the protection of hundreds of thousands of desperate people” as well as her efforts to find “viable long-term solutions” for those seeking safety.

By helping more than a million refugees to survive and rebuild, Angela Merkel displayed great moral and political courage,” Grandi the UN high commissioner for refugees, said. Presenting the award to Angela Merkel, United Nations High Commissioner for Refugees Filippo Grandi told the former Chancellor: “You demonstrated indeed vision, courage and fortitude. And you demonstrated a moral compass which not only guided your work and the actions of your country, but it showed the way for so many of us in Europe and in the world.”

Speaking at the time, the then chancellor said it was a situation “which put our European values to the test as seldom before. It was no more and no less than a humanitarian imperative.”

For more the Nansen Refugee Award and similar awards for refugee work see: https://www.trueheroesfilms.org/thedigest/awards/CC584D13-474F-4BB3-A585-B448A42BB673

Also honoured during the ceremony in Geneva’s Haute école d’art et de design (HEAD) were the four regional winners for 2022. For Africa, the leader of the Mbera Fire Brigade in Mauritania, Ahmedou Ag Albohary, accepted the award in recognition of the refugee volunteers’ bravery in fighting bushfires and protecting the local environment, while former midwife Vicenta González was honoured for nearly 50 years of service to displaced and vulnerable people in Costa Rica.

https://www.unhcr.org/news/stories/2022/10/6345384a4/merkel-says-nansen-prize-honours-welcome-refugees.html

Ground breaking conviction of Syrian torturer in Germany

January 17, 2022
Group of framed portraits
Photos of Syrians who have been detained or disappeared set up by Families for Freedom, as part of a protest in front of the court in Koblenz, July 2, 2020. © 2020 Alexander Suttor

The conviction of a former Syrian intelligence officer for crimes against humanity by a German court is a ground-breaking step toward justice for serious crimes in Syria, Human Rights Watch said today. The judgment is a meaningful moment for civilians who survived torture and sexual abuse in Syria’s prisons.  

On January 13, 2022, a German court delivered its judgment in the trial of Anwar R., a former member of Syria’s General Intelligence Directorate, one of the country’s four main intelligence agencies commonly referred to collectively as the mukhabarat. Anwar R. is the most senior former Syrian government official to be convicted for serious crimes in Syria.  

German prosecutors accused Anwar R. of overseeing the torture of detainees in his capacity as head of the investigations section at the General Intelligence Directorate’s al-Khatib detention facility in Damascus, also known as “Branch 251.” 

The judges found Anwar R. guilty of committing crimes against humanity and sentenced him to life in prison. Following the verdict in the case, Anwar R. has one week to appeal.  

More than 10 years after the violations were committed in Syria, the German court’s verdict is a long-awaited beacon of hope that justice can and will in the end prevail,” said Balkees Jarrah, associate international justice director at Human Rights Watch. “Other countries should follow Germany’s lead, and actively bolster efforts to prosecute serious crimes in Syria.”  

Human Rights Watch issued a question and answer document and a feature article on the trial and how it is situated in the larger context of the Syrian conflict on January 6, 2022. The trial against Anwar R. and Eyad A., who was found guilty of aiding and abetting crimes against humanity in February, began in April 2020 and was the first anywhere in the world for state-sponsored torture in Syria. Eyad A.’s appeal against his conviction remains pending. 

Syrian survivors, lawyers, and activists have been central to making this trial a reality, not only pressing for justice but laying the groundwork that makes justice possible, Human Rights Watch said.  

More than 80 witnesses testified, including former detainees, former Syrian government employees, German police investigators, and experts in Syrian affairs. The testimony included well-documented accounts of torture and sexual abuse in Branch 251, descriptions of mass graves, and details of Syria’s government policy to violently crack down on peaceful protesters in 2011. Several of the witnesses were able to identify Anwar R. in the courtroom.  

One of the major challenges of this trial was witness protection. Several witnesses living in Germany and other European countries cancelled their appearance in court out of fear for their lives and safety, or that of their families. Several witnesses, some who were also victims, testified that they feared a risk to themselves and their families given their role in the trial. German authorities should ensure that witnesses and victims are sufficiently informed about their rights to protective measures, including to appear anonymously before the court. 

Tens-of-thousands of people have been detained or disappeared in Syria since 2011, the vast majority by government forces using an extensive network of detention facilities throughout the country. The Syrian government continues to detain and forcibly disappear thousands of people. 

Many of those detained have died from torture and horrific detention conditions. Comprehensive justice for these and other unchecked atrocities in Syria has been elusive. Syria is not a member of the International Criminal Court. And in 2014, Russia and China blocked efforts at the United Nations Security Council to give the court a mandate over serious crimes in Syria. 

The trial of Anwar R. and Eyad A. is possible because Germany’s laws recognize universal jurisdiction over certain of the most serious crimes under international law. That allows for the investigation and prosecution of these crimes no matter where they were committed and regardless of the nationality of the suspects or victims. Universal jurisdiction remains one of the few viable pathways to justice for crimes committed in Syria.  

Germany has several elements in place to allow for the successful investigation and prosecution of grave crimes in Syria. It has above all a comprehensive legal framework, well-functioning specialized war crimes units, and previous experience with prosecuting such crimes. Countries with universal jurisdiction laws should establish specialized war crimes units within law enforcement and prosecution services, and ensure that such units are adequately resourced and staffed. 

Germany’s trial against Anwar R. is a message to the Syrian authorities that no one is beyond the reach of justice,” Jarrah said. “The Koblenz case has shown that with other avenues blocked, national courts can play a critical role in combating impunity.” 

The first such reaction came immediately, see: https://www.ncr-iran.org/en/news/human-rights/after-german-conviction-of-syrian-official-focus-may-turn-to-swedish-trial-of-iranian/

https://www.hrw.org/news/2022/01/13/germany-conviction-state-torture-syria

https://www.fidh.org/en/region/north-africa-middle-east/syria/syria-landmark-ruling-offers-hope-to-regime-s-victims

https://www.ecchr.eu/en/case/first-criminal-trial-worldwide-on-torture-in-syria-before-a-german-court/

Human Rights Watch advises new German Government

December 22, 2021
A man wearing a suit raises his right hand
Germany’s new Chancellor Olaf Scholz (left) and Baerbel Bas, President of the Bundestag, during the swearing-in of the new Federal Government in Berlin, December 8, 2021.  © 2021 Florian Gaertner/picture-alliance/dpa/AP Images

On 10 December 2021, David Fischer, HRW’s Media Coordinator, Germany published “A Human Rights Roadmap for Germany’s New Government

…The climate crisis threatens catastrophic impacts on human rights, and ambitious climate action by the government to reduce greenhouse gas emissions is critical if Germany – the European Union’s biggest greenhouse gas emitter – is to help prevent the worst of those impacts.  The new government’s coalition agreement, a non-binding roadmap for legislative action, calls for elimination of coal energy “ideally” by 2030, promises a roll-back of subsidies for fossil fuels and legislation to deal with climate change adaptation planning. These are positive steps but insufficient to reach Germany’s contribution toward the global goal in the Paris Agreement of limiting global warming to 1.5°C above pre-industrial levels.

In addition to the climate crisis, the new coalition between the Social Democrat Party (SPD), the Free Democrats (FDP) and the Greens (Die Grünen) will have to tackle challenges to the rule of law within the EU, stand up for human rights against autocrats in China and Russia, and address the many challenges arising from the pandemic.

The coalition agreement makes promising commitments to advance the rights of lesbian, gay, bisexual, and transgender (LGBT) people, including to change the law on legal gender recognition for transgender people so that it is based on self-determination. The coalition also commits to protecting human rights in supply chains in line with the UN Guiding Principles on Business and Human Rights that include the right to a remedy for victims. It proposes to increase the capacity of German courts to prosecute universal jurisdiction cases such as the trial on state-sponsored torture in Syria.

Within Europe, the new government intends to push for judgements of the European Court of Human Rights to have greater impact and “be implemented in all member states”. It supports the use of mechanisms and sanctions to enforce the rule of law in European Union member states. It also calls for shared responsibility for migrants and refugees among member states, an end to pushbacks at EU borders and for the border agency Frontex to respect human rights.

Scholz’s new government will now need to live up to expectations on human rights and prove that what the coalition dubbed “Germany’s responsibility for Europe and the World” is expressed in actions and not just words.

See also: https://www.justsecurity.org/79618/how-germanys-new-government-might-pursue-its-values-based-foreign-policy-in-europe/

https://www.hrw.org/news/2021/12/08/human-rights-roadmap-germanys-new-government