http://www.eldh.eu/ Latest publications and statements from European Association of Lawyers for Democracy and World Human Rights en http://www.eldh.eu/typo3conf/ext/tt_news/ext_icon.gif http://www.eldh.eu/ 18 16 Latest publications and statements from European Association of Lawyers for Democracy and World Human Rights TYPO3 - get.content.right http://blogs.law.harvard.edu/tech/rss Mon, 02 Aug 2010 21:46:00 +0200 http://www.eldh.eu/publications/publication/the-raid-on-the-free-gaza-flotilla-on-31-may-2010-42/ The expert opinion The expert opinion]]> Peace - War Human Rights Palestine - Israel Right to Self-Determination Mon, 02 Aug 2010 00:00:00 +0200 http://www.eldh.eu/publications/publication/protest-against-israeli-military-attack-on-gaza-aid-flotilla-3/ European Lawyers demand legal and political consequences Instead of acknowledging its responsibility for the crimes committed during the military attack on Gaza one and a half year ago – which have been documented in the UN “Goldstone Report” – and stopping its unlawful siege of Gaza, Israel is adding new crimes to its long record of unlawful actions. The Gaza aid flotilla, originally comprising 8 ships carrying thousands of tons of construction materials, medical equipment and other aid, intended to sail to Gaza in order to deliver its humanitarian aid, and in order to break symbolically the unlawful blockade of Israel imposed on Gaza. Among the estimated 700 peace activists on board were the 1976 Nobel Peace Prize Laureate Mairead Corrigan Maguire of Northern Ireland, an elderly Holocaust survivor, and European legislators. One participant was Professor Norman Paech (German MP for the Left Party up to 2009), who is also a member of the German lawyers association VDJ, a member association of ELDH. ELDH demands that the United Nations and the European Union take all necessary political and legal steps to demonstrate to Israel that they are not prepared to accept such humanitarian atrocities and violations of international law. In particular ELDH demands
- immediate release of the peace activists, the crew and the ships
- immediate transfer of all humanitarian aid materials and equipment to Gaza
- an international investigation of the crimes committed during and after the military attack on the Gaza aid flotilla
- prosecution of the responsible Israeli soldiers and politicians
- an end to the unlawful blockade of Gaza by Israel
- acknowledgement by Israel of the crimes committed during the military attack against Gaza in 2009


31 May 2010
]]> Palestine - Israel Human Rights Mon, 31 May 2010 21:02:00 +0200 http://www.eldh.eu/publications/publication/eldh-human-rights-mission-to-basque-country-26/ Report on the ELDH Human Rights Mission to Basque Country, 25th till 28th March 2010, Donostia This report is the result of a four days visit to the Basque Country. Due to the excellent preparation and organization, including detailed documentation, by Behatokia - Basque Observatory of Human Rights1 and in particular by Iratxe Urizar, who also translated for us, it was possible to have seven meetings with
defendants, defenders in the anti-terror law prosecutions, motivated by Judge Baltasar Garzón, especially the mass prosecutions known as the 18/98 cases. We also met a representative of Etxerat (the Basque prisoners’ relatives’ and friends organisation) and to participate in a conference concerning the Udalbiltza
case. This report can only give a short impression of the information gathered. Severe human rights violations (including torture and arbitrary detention) for people who are active in the cause of Basque independence were confirmed by all people that we met. Report on the ELDH Human Rights Mission to Basque Country, 25th till 28th March 2010, Donostia]]> Basque Country Right to Self-Determination Thu, 01 Apr 2010 00:00:00 +0200 http://www.eldh.eu/publications/publication/statement-concerning-the-detention-of-muharrem-erbey-2/ KHRP Issues Joint Statement Concerning the Arrest of Mr Muharrem Erbey, Vice President of the Human... Kurdish Human Rights Project, London
Bar Human Rights Committee of England and Wales
The Law Society of England and Wales
Haldane Society of Socialist Lawyers, London
European Association of Lawyers for Democracy and World Human Rights (ELDH)


08 January 2010
Press Release: For immediate release
]]> Right to Self-Determination Europe Human Rights Kurdistan Fri, 08 Jan 2010 00:00:00 +0100 http://eldh.eu/publications/publication/the-right-to-self-determination-of-the-sahrawi-people-4/ Last September the ELDH Secretary General, Thomas Schmidt, visited the refugee camps of the Sahrawi...
For the last 35 years around 160.000 Sahrawi people in the refugee camps, as well as several hundred thousand Sahrawi in the part of Western Sahara occupied by Morocco, have been denied by Morocco the exercise of their right to self-determination. They are entitled in international law to a referendum that would give them the possibility to vote for the independence of Western Sahara. The Kingdom of Morocco has ignored numerous resolutions of the UN Security Council, as well as the Advisory Opinion of the International Court of Justice of 1975. The Court held that it had not “found legal ties [to Morocco or Mauretania] of such a     nature as might affect the application of resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory.” (para 162, Opinion of 16 October 1975). Morocco’s actions are therefore unlawful in international law. Morocco uses the passage of time to create “facts on the ground”, in particular to settle Moroccan citizens in the occupied zone in Western Sahara and to exploit the natural resources of Western Sahara. Even the European Union has – in spite of the protest of the Swedish Government – repeatedly concluded fisheries partnership agreements with Morocco, which allow access to the fishing fields in coastal waters of Western Sahara. These agreements violate international law.     

The Sahrawi people in the part of Western Sahara which is occupied by Morocco are the victims of severe oppression in exercising their right to free and peaceful expression of their views, in particular their opinions concerning the future of Western Sahara and its independence. The latest example is that of the human rights defender Aminatou Haidar, a Sahrawi woman, who lives in the occupied zone and who has a Moroccan passport. On 13 November 2009, on her return to El-Aaiún after she had been awarded the Robert F. Kennedy Civil Courage Prize, which is awarded every year "for steadfast resistance to evil at great personal risk", she was arrested and her passport was taken away. The reason given was that in the Moroccan landing card she had given her home as "Western Sahara" rather than "Moroccan Sahara". After one night at the airport she was expelled to Spain, where she has been on hunger strike since 15th November 2009.


10th December 2009    ]]> Right to Self-Determination Discrimination Basque Country Kurdistan Palestine - Israel Thu, 10 Dec 2009 00:00:00 +0100 http://www.eldh.eu/publications/publication/report-on-a-human-rights-mission-to-colombia-18/ Report on the mission to Colombia, February 9 – 25, 2009, by Fabio Marcelli, Rome Movimiento de Victimas de Crimenes de Estado (MOVICE) with the collaboration of Peace Brigades International (PBI). The delegation has been composed by two lawyers from United Kingdom, one of which is the vice-chair of the Human Rights Committee of the London Bar, two journalists from Germany, two members of Anti-Slavery International, a NGO based in London, a law student from Germany, a member of PBI-Germany, and myself, in representation of the European Association of Lawyers for Democracy and World Human Rights (EALD). With this joint delegation I visited Bogotà, Cúcuta, Tibú, Barranca Bermeja and
Buenaventura. In the second part of the mission I visited the Cauca region, upon invitation by the local indigenous Association ACIN (Asociación de Calbidos Indígenas del Norte del Cauca). 2. Visits and meetings a) Bogotà In Bogotà , Colombia’s capital, we met the two organizations promoting the mission: MOVICE and PBI and the lawyers’ Colectivo Alvear Restrepo. The mission of PBI is of accompanying threatened leaders: they are following in this way 13 associations and 2 communities. MOVICE has the main aim of struggling against impunity and for the rights of the victims. They are following 44.000 cases remounting to the years 1966-1998 and many other in more recent years. The laywers’ Colectivo Alvear Restrepo is performing very important activities in defence of the rights of victims and oppressed sectors of Colombian populations, especially in the jurisdictional instances and particularly the Constitutional Court and the Interamerican Commission on Human Rights. b) Cúcuta Cúcuta, next to the Venezuelan border, is the capital of the North Santander Province. meeting with the lawyers’ collective Luis Carlos Pérez, representatives of victims, United Nations and local State authorities (Defensoria del pueblo). The lawyers’ collective Luis Carlos Pérez is working very effectively on the field and in jurisdictional instances. c) Tibú Tibú, North Santander Province, is the most important town situated in the region of Catatumbo, characterized by the presence of indigenous peoples (Barí) and peasant organizations (Asociación Campesina del Catatumbo - ASCAMCAT). We met representatives of these social forces and local State authorities (personero). d) Barranca Bermeja Barranca Bermeja, is the capital of Magdalena Medio, not an autonomous province, but an important economic region (extractive industries). The day before our arrival the leader of a local fisher association was killed. He had expressed dissent on the privatization of water resources in profit of a Spanish multinational enterprise. We met the CREDHOS, a coalition of various human rights organizations, trade unions and a peasant organization (Asociación campesina del Valle del Rio Cimitarra, ACVC). We also met the OFP (Organización feminina popular), a women organization. e) Buenaventura. Buenaventura is the most important harbour of Colombia. It is located on the Pacific Ocean. It is populated mostly (95%) by black Colombians. Although about 54% of the Colombian import-export passes through the harbour, the mostly (80,6%) very poor population doesn’t reap any benefits, at the contrary they live in a condition of extreme social vulnerability and precariousness. The town is suffering because of the armed conflict and is extremely militarized. Paramilitary groups exert a control of economic activities and impose their rule with terror. In Buenaventura we met representatives of various popular afrocolombian organizations and the bishop. The town is particularly affected by the project of extending the harbour, displacing the whole population now inhabiting the Bajamar sector. The need of this transfer is justified by State authorities evoking the danger of a possible tsunami. f) Northern Cauca. The Cauca is a mountain region at the south of Cali. This region is inhabited mostly by Nasa indigenous. I participated to a very large indigenous community meeting in the town of Tacueyó. This meeting discussed the present problems of the indigenous community facing the armed conflict and ongoing violations of human rights by the State and other armed groups. Another great issue is that of land,
which since many years the indigenous organizations seek to recuperate from latifundists. 3. Findings a) Forcible population transfers. The number of internal refugees (desplazados), due to megaprojects and to the armed conflict, in the whole country is of about 4.000.000. Only in the Santander Province we have an official number of 74.000 desplazados, but the real number is of over 110.000. The law 387/97, obliging the State to prevent forcible transfers of population is not respected. Many cases have been brought before the Constitutional Court which took very important and positive decisions concerning the consultation of affected populations, but which still wait to be implemented. b) The social situation is characterized by unemployment and precariousness of jobs. Privatization of public enterprises. Violation of workers rights. 38 trade unions leaders have been killed during the year 2008 in the whole country. 3000 trade unions leaders have been killed during the last ten years. The wealth and resources, like land, continue to be extremely concentrated. c) Paramilitary groups are reorganizing with the support of State entities and forces. The killings and disappearances continue, although to some extent in a more selective way. To give some examples: during 2008: 248 killings only in the town of Cúcuta; 100 disappearances in Cúcuta and 500 in Buenaventura. d) Ongoing violations of human rights by the State. A new phenomenon (to some extent) is that of so-called falsos positivos. Youths from the country and peripheries of cities are abducted, killed by the army and disguised as guerrillas in order to give the impression that some successes are obtained in the internal conflict. e) The illicit cultivations, like coca for producing cocaine, are extending. The strategies adopted by the Government like fumigations, proved largely ineffective but affect other cultivations and represent a further factor of expulsion of poor peasants and indigenous from their lands. f) The Justice and Peace Law is not working. No redressment, no guarantee of no repetition. The rights of the victims are not respected. g) Insufficiency of the judicial system. Necessity to bring an end to impunity. It is necessary to raise the attention of the International Criminal Court, joining the projects which are already working. h) Also insurgent armed groups are committing violations of human rights. But to a lesser extent. A political and peaceful solution of the conflict is necessary. The role of civil society and of international community is very important in this perspective. A global ceasefire should be reached and rules of humanitarian law should be respected. Particularly indigenous peoples and territories should be not affected by war. i) The situation of human rights in Colombia continues to be extremely grave and worrying. The strategy promoted by the Uribe Government of so-called seguridad democratica (democratic security) is one of the most important factors of this violation. The EU countries should adopt a clear standing in face of this violation conditioning the prosecution of economic cooperation with the Colombian government to an effective improvement of the human rights situation. 4. Perspectives and Proposals (suggestions made by Fabio Marcelli) a) EALD should promote, in co-operation with MOVICE and PBI, and possibly other lawyers organizations, like for instance the Human Rights Committee of the London Bar, an European project supporting the activities of the lawyers organizations we met in Bogotà and Cúcuta. b) EALD should participate to the effort to put in place an international Committee of personalities in support of the struggles of the indigenous movement. A next occasion to implement this idea will be given by the meeting of personalities in support of the CRIC (Consejo regional indígena del Cauca), which will take place in La Maria, Cauca, at the end of April. c) EALD should institute a working group of high-level lawyers in order to present to the Prosecutor of the International Criminal Court a report about Colombia. d) EALD should co-operate in the monitoring of the next Colombian presidential elections, scheduled for spring of next year, 2010. e) The International Association of Democratic Lawyers (IADL) should collaborate with EALD in the mentioned points and promote other lawyers’ missions to Colombia, especially with US National Lawyers Guild (NLG) and the Commission on International Labour Rights, which already travelled to the country.]]> Colombia Human Rights Sun, 01 Mar 2009 00:00:00 +0100 http://www.eldh.eu/publications/publication/a-european-criminal-justice-for-what-purpose-19/ International expert colloquy, 17th January 2009 Europe Human Rights Sat, 17 Jan 2009 00:00:00 +0100 http://eldh.eu/publications/publication/stop-the-aggression-immediately-protect-the-civilian-population-prosecute-the-war-criminals-5/ Declaration of European Lawyers to Gaza People around the world have followed with horror the bombarding of civilian buildings, schools, and hospitals as well as UN facilities by the Israeli army. The rocket attacks by Hamas against Israeli civilians have frequently been described as the cause for Israel’s military aggression. In the meantime it is known, that the attack on and invasion of Gaza were planned months ago by the Israeli Government. The measures ordered by the Israeli Government are in any case a violation of international humanitarian law contained in the 4th Geneva Convention and the Additional Protocols to the Geneva Conventions because they are mainly aimed at civilians. Furthermore, they amount to collective punishment. If indeed Israel could claim any right to self defense against an occupied territory (and this is unknown to international law), its actions are excessive and wholly disproportionate. The shelling of civilians by Hamas is also a violation of international law, even if the scale is far less serious. The members of the UN Security Council have taken two weeks to finally decide upon the resolution on 8th January 2009, calling for an immediate ceasefire in Gaza leading to a full Israeli withdrawal and the unimpeded provision throughout Gaza of food, fuel and medical treatment. Until the day of the resolution the Israeli military have already killed 758 people in Gaza, of whom 257 were children and wounded 3.100 people, 1.080 of them children. Also essential installations of infrastructure of Gaza such as, hospitals, schools, power plants, water system have been seriously damaged and will be out of action for a long period. Installations of the UN in Gaza and a UN truck have been destroyed as well. There is compelling evidence that the Israeli army has used weapons which are prohibited by international humanitarian law because of their indiscriminate effects. The Israeli army continues its operations ignoring the Resolution of the UN Security
Council, and has even announced to intensify them. The Israeli Government has refused to comply with the Resolution. The lawyers’ association and individual lawyers organized in ELDH demand from the European Union and their member states · To bring to bear immediately all the political and economical means of the EU and
its member states to force the conflicting parties to comply with the UN Resolution.
· To initiate immediately the necessary humanitarian aid program for the Palestinian
people and to support such activities of the UN.
· To immediately become active within the UN Security Council in order to decide
upon the necessary measures, or if this is not possible to convene an emergency
session of the UN General Assembly under Authority of Resolution 337.
· To undertake the necessary steps for the international recognition of the Palestinian State within the borders of 1967 and for the end of the occupation of Palestinian territory by Israel, in order to eliminate one major cause of the conflict.
· To investigate and to prosecute in a special UN tribunal all crimes committed in this conflict. ELDH and its members – as far as possible together with other lawyers and human rights activists and their associations - will support all activities to end the violence in Israel and Palestine and in order to eliminate the major reason for the violence, to put an end to the illegal occupation of Palestine by the Israeli army and Israeli settlers. ELDH will also support all activities to investigate the crimes committed in this conflict, to prosecute the responsible persons and to end the impunity of the responsible Israeli politicians and military personnel. For this purpose a special UN Criminal Tribunal should be established, and universal jurisdiction should be applied by domestic courts . ELDH appeals to all lawyers to endorse this declaration, to support other ELDH activities in this context, and to help the suffering Palestinian people with a donation to one of the Palestinian humanitarian aid associations. Donations are also possible to the bank account of ELDH which is a non-profit organization based in Germany. bank account EJDM e.V.(the German name of ELDH), bank: Postbank AG, Dortmund, IBAN: DE78 4401 0046 0334 6974 62, BIC: PBNKDEFF


January 2009
]]> Palestine - Israel Right to Self-Determination War crimes Thu, 01 Jan 2009 00:00:00 +0100 http://www.eldh.eu/publications/publication/excessive-police-violence-at-labour-day-2008-in-istanbul-8/ Letter concerning Excessive police violence at Labour Day in Istanbul Prime Minister
Republic of Turkey
Ankara
TURKEY

28 May 2008 Dear Mr. Prime Minister, The European Association of Lawyers for Democracy and World Human Rights ELDH strongly protests against the violence used by Turkish riot police and security forces against trade unionists who wanted to participate in a Labour Day rally in Istanbul on 1 May 2008. According to the Istanbul Governor Muammer Guler, 530 demonstrators were detained and 38 people were injured. There are sources which estimate that these numbers are much higher. According to our information, the Turkish police used clubs, pepper spray, tear gas and red-dye water cannons to break up crowds of workers and students trying to reach Taksim square. The DISK headquarters were completely blocked by security forces with barricades and police forces so that nobody could get in or out anymore. This was done notwithstanding the fact that the unions had announced that they would continue to rally elsewhere, as they feared that, after such a display of force by the Turkish police, the damage would be too great and innocent people and shop owners would be harmed or get hurt. Although the police knew that the building was full of people, they nevertheless continued to use teargas. In the end, a great number of people were injured, executives from DISK- and KESK-affiliated trade unions were arrested and beaten by the police, and DISK and KESK union leaders were prevented from moving to a safer place. Mr. Prime Minister, the images that were shown around the world left few doubts as to whether the force used by the Turkish police was excessive or not. Reports by the Turkish trade unions were corroborated by a statement from the Istanbul Bar Association, which said that the police had used excessive force on demonstrators. As European Lawyers for Human Rights and Democracy from 15 European countries we insist that the freedom of assembly, the freedom of association, the freedom of expression and trade union rights are essential pillars of democracy. In 2007 more than 700 persons were detained at the 1 May demonstration in Istanbul. As lawyers we find that this continuation of the abuse of police power in 2008, and the disregard of international and European law which has been ratified by Turkey, are intolerable. The European Commission stated again in its progress report 2007, that Turkey fails to fully implement the International Labour Organisation (ILO) Conventions. After the events of 1 May in Istanbul the next report, for 2008, cannot be any better. Furthermore, the European Parliament stated in its resolution of 21 May 2008, that : “Is concerned by the excessive force used by Turkish police against demonstrators at the 2008 May Day rally in Istanbul; reaffirms that freedom of association and the peaceful operations of trade unions represent a fundamental right under the ECHR”. We therefore call on you to ensure that Turkey adheres to the principles of freedom of association and of the basic trade union rights as enshrined in the fundamental ILO conventions which Turkey has ratified. We fully agree with the demand of the European Parliament that, if the year 2008 is really going to be the year of reforms in Turkey, as has been announced by you yourself, Mr. Prime Minister, the Turkish government must “fulfil its promises by making use of its strong parliamentary majority to resolutely pursue reforms that are crucial for Turkey's transformation into a modern and prosperous democracy based on a secular state and a pluralistic society.”
Thomas Schmidt
Secretary General]]> Labour Law Human Rights Wed, 28 May 2008 00:00:00 +0200 http://www.eldh.eu/publications/publication/eren-keskin-sentenced-2008-9/ Letter concerning the sentence of Eren Keskin Adalet Bakanligi
06659 Kisilay
Ankara, TÜRKEI 8 April 2008
Dear Minister, ELDH notes with great concern that the lawyer Eren Keskin – who received the Hans Litten Price from the German lawyers association VDJ in the year 2000 for her courageous work - has been again sentenced by a court in Istanbul for alleged violation of Art. 301 of the Turkish Criminal Code. According to newspaper reports she was accused of having criticised the Turkish Army for having too much influence on policy and the judiciary in Turkey. For many years ELDH has observed the development of democracy and the respect for human rights in Turkey, including a certain number of improvements. We noted that the freedom of expression is much more restricted then in other member states of the European Union. Therefore it came as no surprise that the number of persons prosecuted for non-violent expressions in Turkey almost doubled in 2006 compared with 2005, with a further increase in 2007 and that more than half of them were convicted under the Criminal Code, in particular under Article 301. Turkey has for a long time been urged to liberalize Article 301, and even the recent provisions for an amendment of Article 301 will not be sufficient to end this discussion. We are also concerned at the role of the Army in the Republic of Turkey. We are well aware of the origin of the exceptional role of the Army in the Turkish Society and the lack of civilian control. In its report for 2007 the European Commission states that the armed forces continue to exercise significant political influence. And in the same report concerns have been expressed about the independence and the impartiality of the judiciary in Turkey. As an example the European Commission mentions the Semdinli case, in which army officers were accused and where the prosecutor who had prepared the indictment was dismissed. Therefore it can be concluded, that the long struggle of Eren Keskin for democracy and the respect of human rights in Turkey should not become another case for the criminal court, but rather she should be publicly recognised and awarded for her important contribution to end the political influence of the military and non democratic forces. If Turkey ever becomes a member of the European Union, courageous personalities like Eren Keskin will deserve much of the credit. Yours sincerely
Thomas Schmidt
ELDH Secretary General]]> Human Rights Tue, 08 Apr 2008 00:00:00 +0200