HUMAN RIGHTS IN EUROPE REVIEW OF 2019 Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.

© Amnesty International 2020 Cover photo: Except where otherwise noted, content in this document is licensed A protester speaks through a megaphone as under a Creative Commons (attribution, non-commercial, no derivatives, smoke from coloured smoke bombs billows near international 4.0) licence. people taking part in the annual May Day rally in https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode Strasbourg, eastern France, on May 1, 2019. For more information please visit the permissions page on our website: © PATRICK HERTZOG/AFP via Getty Images www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence.

First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK

Index: EUR 01/2098/2020 Original language: English amnesty.org CONTENTS

REGIONAL OVERVIEW 4 ALBANIA 8 AUSTRIA 10 BELGIUM 12 BOSNIA AND HERZEGOVINA 14 BULGARIA 16 CROATIA 18 CYPRUS 20 CZECH REPUBLIC 22 DENMARK 24 ESTONIA 26 FINLAND 27 FRANCE 29 GERMANY 32 GREECE 35 HUNGARY 38 IRELAND 41 ITALY 43 LATVIA 46 LITHUANIA 48 MALTA 49 MONTENEGRO 51 THE NETHERLANDS 53 NORTH MACEDONIA 55 NORWAY 57 POLAND 59 PORTUGAL 62 ROMANIA 64 SERBIA 66 SLOVAKIA 69 SLOVENIA 71 SPAIN 73 SWEDEN 76 SWITZERLAND 78 TURKEY 80 UK 84

HUMAN RIGHTS IN EUROPE 3 REVIEW OF 2019 Amnesty International campaigns, harassment, and even In 2019, founding values of the European administrative and criminal penalties. Union (EU) were directly challenged REGIONAL Increasing numbers of human rights from within. The independence of the defenders, activists and independent judiciary, an essential component of the media faced intimidation and rule of law, was threatened in Poland OVERVIEW prosecution. Expressions of dissent on as the ruling party took bolder steps to the streets were often met with a range control judges and courts. The process in Poland was a clear illustration of how of restrictive measures and excessive values were changing across Europe, and In 2019 in the heart of Europe, some use of force by police. Against this concerns about the independence of the states actively sought to erode the overall backdrop of intolerance and judiciary in Hungary, Romania and Turkey independence of the judiciary to avoid discrimination, minorities and those persisted. Symptoms surfaced all over state accountability. The European seeking to defend their rights were met Europe, from migration policies where Union continued to outsource border with violence, increasing stigmatization protection of borders was considered and migration control. Grave human of some communities. Survivors of sexual more important than protection of human rights risks ensued: tens of thousands violence, including rape, continued lives, to dealing with popular dissent and of people remained exposed to conflict, to face obstacles in accessing justice. public protest, which often led to abuses violence, torture and an uncertain While two countries held their first ever by law enforcement agencies. Intolerance future in destitute conditions. Those Pride parades, there was a roll-back in towards religious and ethnic minorities opposing these border and migration a number of others on law and policies frequently took the form of violence and control policies frequently faced smear related to the rights of LGBTI people. discrimination.

Demonstrators gather to protest against femicide and violence against women on November 25, 2019 in Istanbul, Turkey. November 25 is international day for the elimination of violence against women. © Burak Kara via Getty Images

HUMAN RIGHTS IN EUROPE 4 REVIEW OF 2019 Amnesty International While 2019 shows that many states Cooperation with Libya went hand in by serious and consistent allegations of failed to guarantee rights for all within hand with the policy of “closed ports” pushbacks and violence on the Greek their borders, nonetheless there was no established by the Italian government. side. Those who managed to avoid shortage of courageous people who dared Under this policy, NGO ships were pushbacks continued their journey to stand up whatever the personal cost, denied a safe port after rescuing people through the Balkan peninsula, amid and worked to hold states accountable. at sea, and forced to wait for weeks reports that more than 30,000 people People took the streets in large numbers while Mediterranean states argued transited along this route after leaving to claim their rights and campaign for a amongst themselves about where to Greece and Bulgaria. Over 10,000 fairer and more just society. Their clear disembark them. The policy ended after remain stranded in squalid camps in call was for governments to face their a change of government in Italy, which Bosnia and Herzegovina and Serbia, responsibilities not only at home but created the conditions for a temporary unable to continue their journeys due also in light of global challenges such agreement between France, Germany, to persistent and systemic collective as climate change. Their mobilization Italy and Malta. The agreement– a small, expulsions and violence by the Croatian around these issues was a ray of hope for tentative step forward –ensures minimum police. In October, despite overwhelming the future. coordination between the four countries evidence of human rights violations to disembark and relocate those rescued at the Croatian border, the European at sea. Commission recommended Croatia’s full MIGRATION integration into the Schengen Border Despite consistent condemnation by Area. In 2019, approximately 120,000 human rights organizations, the 2016 EU-Turkey Deal continued to shape asylum-seekers and migrants arrived in the migration policy of the EU in the Europe irregularly. Arrivals decreased on HUMAN RIGHTS DEFENDERS Eastern Mediterranean. Reports of grave the central and western Mediterranean Individuals and civil society organizations human rights violations against asylum- routes and increased on the eastern continued to oppose these anti-migration seekers and refugees in Turkey did Mediterranean route. policies as human rights defenders, nothing to deter the continued use of providing concrete support and solidarity Turkey as a partner on migration. Ahead The belief prevailed that migration and to migrants and asylum-seekers. They of Turkey’s incursion into north-eastern border control could best be managed rescued people at sea and in the Syria in October, Amnesty International by “outsourcing” to countries with conducted dozens of interviews which mountains, providing transport, food and questionable human rights records. It suggested hundreds of Syrians were likely medicines to those in need all over the appeared equally acceptable for EU forcibly deported from Turkey between continent. countries to contain migrants and May and September, under the guise of asylum-seekers in abysmal conditions at “voluntary returns”. The response of many European states to the periphery of the EU or just outside its these acts of humanity was to criticize, borders. Meanwhile in Greece, mid-2019 saw intimidate, harass, fine and even the biggest increase in sea arrivals prosecute human rights defenders. In Human rights abuses against asylum- since 2016. This led to unprecedented Greece, Italy and France, governments seekers and migrants seeking to cross overcrowding in the camps on the Aegean often treated rescue activities as the central Mediterranean Sea reached islands. More than 38,000 people were smuggling and the actions of human new heights when renewed hostilities held in facilities with a capacity of rights defenders were considered as broke out in Libya in April. In addition little more than 6,000. Confronted with threats to national security, prompting to torture and arbitrary detention, they the ever-growing protection needs for the adoption of supposedly urgent, more also faced shelling and direct attacks asylum-seekers, refugees and migrants restrictive laws. by the warring factions, resulting in the in- country, in November Greece’s newly deaths of dozens of migrants and asylum- installed government rushed to introduce The lack of clarity in relevant EU seekers. Despite the deteriorating new legislation featuring accelerated legislation left ample room for states to security situation, and continuing asylum procedures, increased detention make draconian interpretations of this evidence pointing at systematic human and returns to Turkey. These followed legislation at domestic level, resulting in rights violations in Libya’s detention trends in Austria, Finland, and Germany a chilling effect on the work of human centres, European countries continued to which have restricted the rights of rights defenders. Many individuals and cooperate with Libya to contain migrants asylum-seekers and placed greater focus NGOs became increasingly reluctant to and asylum-seekers there. In November, on detention and deportations. initiate solidarity actions. the Italian government extended its agreement with Libya on migration for a Land arrivals via the Greece-Turkey In Turkey, dozens of human rights further three years. land border increased, accompanied defenders faced criminal investigations

HUMAN RIGHTS IN EUROPE 5 REVIEW OF 2019 Amnesty International and prosecutions and were held in police right to freedom of peaceful assembly. While EU institutions promptly escalated custody or imprisoned for their human States failed to hold their security forces their response to the situation in Poland, rights work. Amongst them, the trials accountable for violence perpetrated their interventions had not led to of of Taner Kılıç and İdil Eser, Honorary during the protests. Some states also significant improvements by the end of Chair and former Director of Amnesty provided police with heightened powers, the year. International Turkey respectively, and as in Germany, where measures like nine other human rights defenders, assigned residency or communication Outside the European Union, the continued throughout 2019. The trial of surveillance can now be imposed on judiciary was under threat in Turkey. Osman Kavala and 15 civil society figures “future perpetrators of crimes”. In Following the crackdown after the 2016 also continued. response, some courts played a critical coup attempt, in 2018 new legislation role in safeguarding individual freedoms was introduced, allowing dismissal of by annulling blanket bans on protests officials from public service for alleged FREEDOM OF EXPRESSION or, as in Poland, by upholding the links to “terrorist organizations”. Human rights defenders were not alone rights of protesters who expressed their in facing challenges to their work. In opposition to nationalism and racism. HATE CRIMES AND DISCRIMINATION many parts of the region, journalists This however came at a price: some who investigated corruption, organized judges adjudicating in these cases were Evidence of a downward trend, crime and war crimes continued to be harassed or demoted by the Polish intolerance and discrimination often subjected to threats, smear campaigns, authorities striving to undermine the turned violent in 2019. The violence was targeted at those who spoke out in favour intimidation and in some cases physical independence of the judiciary. of minorities, tolerance and inclusion. violence as was the case in Croatia, Serbia and Bosnia and Herzegovina. At least two officials paid the highest While too often the authorities failed INDEPENDENCE OF THE JUDICIARY price for upholding these values. In to condemn such attacks or undertake January, in Poland the mayor of Gdansk, effective investigations, in Bulgaria it was In Poland, Hungary, Romania and Turkey, Pawel Adamowicz, a supporter of LGBTI the authorities themselves who brought legislative and administrative initiatives and migrant rights, was fatally stabbed charges against investigative journalists threatened the independence of the during a charity event. In June, the who had exposed corruption scandals judiciary, the rule of law and as a result acting administrative president of the potentially implicating senior government the right to a fair trial. German town of Kassel, Walter Lübcke, officials. In Albania, a controversial was killed by a shot in the head for his legislative package threatened the This clash was most visible in Poland, support of policies welcoming refugees. freedom of online media. where the government and parliament tried to implement legal and policy Two people were killed in the German changes to force the judiciary to comply city of Halle/Saale in October after a FREEDOM OF ASSEMBLY with its political direction. suspected far-right gunman tried to Major protests took place in numerous attack a synagogue during Yom Kippur Judges and prosecutors found themselves countries across Europe including prayers and afterwards attacked a local at risk of disciplinary proceedings for France, Austria, Poland, Romania, the food outlet. Assaults on mosques were speaking out in defence of the judiciary Czech Republic and Hungary. People also reported in France; a man attempted and risked becoming victims of human protested against austerity measures and to burn a mosque in Bayonne in October about social justice, but also against rights violations themselves. Smear and fired shots at two men, seriously corruption and about the independence campaigns on state and social media also injuring them. of the judiciary. Protests and strikes targeted and intimidated individual judges. urging governments to take measures Across Europe attacks on and against climate change became a regular In Hungary, the erosion of checks and discrimination against Roma occurrence in major European cities. balances in ordinary courts continued communities continued. In Bulgaria, to undermine the independence of Roma in Vojvodinovo and Gabrovo In response many states often opted the judiciary. In May the European were subject to forced evictions and for measures that breached the rights Commission warned Romania that demolition of their houses. Local to freedom of peaceful assembly and it should address issues including authorities and mobs were responsible expression. In France, Austria and Spain, interference with the rule of law by the for these incidents, and as a result hundreds of people were injured during executive, or face the triggering of a hundreds of people were forcibly protests. Police resorted to unlawful use procedure under which certain rights can evicted and their houses torched or of force in France and violently disrupted be suspended from a member state for demolished. Authorities in Giugliano, peaceful gatherings in Turkey, where persistent breach of the EU’s founding Italy, evicted a community of around blanket bans were often used to deny the values. 450 Roma, including families with

HUMAN RIGHTS IN EUROPE 6 REVIEW OF 2019 Amnesty International children, and offered them no alternative Spain and the UK, there were systemic LGBTI RIGHTS accommodation. Forced evictions of failures in sexual violence prevention, Roma also occurred in Sweden and investigation and prosecution. Survivors Pride week events were explicitly banned France. of sexual violence and women’s rights in several Turkish provinces. A blanket activists challenged these failings and and indefinite ban in place in Ankara demanded justice. since November 2017 was finally lifted WOMEN’S RIGHTS in April. However, bans subsequently imposed on individual events maintained In a long-awaited development and In Spain, widespread protests in reaction the unlawful restrictions on LGBTI following a Belfast High Court decision, to judgments in the “Wolf Pack” case rights. Those who challenged the bans abortion in Northern Ireland was led the government to announce that faced police violence, investigations and decriminalized and all pending criminal the legal definition of rape would be prosecutions. In Poland, up to 64 local proceedings were dropped. In Slovakia, amended to make clear that sex without attempts in parliament to further restrict consent is rape. Spanish courts had councils adopted resolutions opposing access to and criminalize abortion previously acquitted the five men known “LGBT ideology”. continued, triggering protests of rights as the “Wolf Pack” of rape, even while organizations and prompting the Council recognizing that the woman concerned On a more positive note, two countries of Europe Human Rights Commissioner had not consented, and had instead held their first Pride parades: North to call on parliament to withdraw the law. convicted them for the lesser offence of Macedonia in June, and Bosnia and sexual abuse as violence or intimidation Herzegovina in September. Despite Survivors of sexual violence, including was not found. The rulings were alarming signs of potential violence and rape, continued to face obstacles in eventually overturned by the Supreme high security measures, both events accessing justice. Legal definitions Court, and the men were sentenced in enjoyed the support and endorsement of of rape in most European countries June to 15 years’ imprisonment. the national authorities and took place in remained based on force, at odds with a festive atmosphere with no violence. human rights laws and standards, which Survivors’ and campaigners’ efforts recognize that sex without consent is in Greece helped to change the legal rape. In countries including Denmark, definition of rape to one based on consent.

HUMAN RIGHTS IN EUROPE 7 REVIEW OF 2019 Amnesty International Albanian women carry placards and shout slogans during a protest to denounce institutional failure to protect women from violence, including domestic violence, during the International Women’s Day in Tirana, Albania on March 8, 2019. © GENT SHKULLAKU/AFP via Getty Images

peaceful and orderly, the atmosphere VIOLENCE AGAINST WOMEN AND ALBANIA of legal uncertainty and the standoff GIRLS between key institutions undermined Republic of Albania public confidence in the electoral Domestic violence remained widespread Head of state: Ilir Meta and previously adopted measures to Head of government: Edi Rama process. address it were inadequate. One in two Albania’s path to EU membership women reported having experienced Violence against women and girls was continued to be hindered by slow violence in their lifetime, according to the National Population Survey. Over widespread and protection measures progress in tackling corruption and 3,200 protection orders were issued for were inadequately implemented. organized crime. A controversial legislative package women abused by partners and relatives. threatened the freedom of online media. Twelve women and young girls died as a JUSTICE SYSTEM result of domestic violence. A vetting process for judges and The UN Human Rights Council, in its BACKGROUND prosecutors negatively impacted on examination of Albania’s human rights The political landscape remained the functioning of the judiciary. While record under the Universal Periodic polarized, with opposition parties it continued to be crucial to ensure its Review process, noted concerns about boycotting local elections in June. independence from political interference the low rate of reporting of cases of Regular opposition-led protests were and organized crime, the process gender-based violence against women, marred by violence. The OSCE voiced undermined the functioning of the the insufficient number of shelters and criticism around the elections noting judicial system owing to widespread the frequent failure to enforce protection that, although voting was generally dismissals and a backlog of cases. orders.

HUMAN RIGHTS IN EUROPE 8 REVIEW OF 2019 Amnesty International WOMEN’S RIGHTS journalists reported being physically or barriers in their access to a range of verbally assaulted because of their work. rights, including housing, education, Although pervasive, gender-based Journalist Enver Doçi was attacked by employment and health services. A discrimination at work, including police officers while filming the arrest market for used clothing was opened to sexual harassment, remained greatly of demonstrators in the wake of the aid Roma and Egyptian families on the underreported. In a survey by the Gender June local elections. The police issued outskirts of Tirana. Alliance for Development Centre, most an apology for their actions, but no women respondents reported being further disciplinary or other appropriate subjected to sexual harassment and proceedings were taken against the RIGHTS OF LESBIAN, GAY, some said they were denied maternity officers concerned. leave. BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE (LGBTI) Controversial anti-defamation legislation The gender wealth gap persisted. Only widening the powers of the regulator To escape ostracism and various forms 19% of women owned property due to of audio-visual media threatened the of discrimination most LGBTI people poor implementation of the property freedom of online media. The Council of continued to conceal their sexual registration law and a patriarchal Europe’s Commissioner for Human Rights identity. A transgender person who tradition that favours male inheritance. had urged the parliament to review attended the annual LGBTI rally was the draft laws of the so-called “anti- physically abused by unidentified defamation package” and bring them perpetrators. In May, the NGO PINK FREEDOM OF EXPRESSION – in line with international human rights Embassy requested that parliament issue JOURNALISTS standards. an apology to those convicted for their The media remained diverse but sexual orientation under the Communist polarized, depending on the owner’s regime. political alignment and interests. This DISCRIMINATION led to selective coverage of issues. Most members of Roma and Egyptian According to a local NGO, one in three communities continued to face

HUMAN RIGHTS IN EUROPE 9 REVIEW OF 2019 Amnesty International A young man is pinned down to the ground by the police during a spontaneous assembly in the context of the climate protest ‘Streik mit Greta – No Future on a Dead Planet’ in the Austrian capital, Vienna, on 31 May 2019. © Lukas David Beck / @_lukasdbeck

official statistics, 11,334 individuals level of basic care provided for asylum- AUSTRIA applied for asylum between January and seekers. November; 11.81% fewer than in the Republic of Austria same period in 2018. In the first nine months of the year, the Head of state: Alexander van der Bellen Ministry of Interior deported more than Head of government: Brigitte Bierlein (interim chancellor appointed by Head of State, replaced Sebastian Kurz in June) Parliament introduced several legislative 200 Afghan nationals to Afghanistan, proposals that restricted the rights of subjecting them to a risk of torture and asylum-seekers. ill-treatment. The authorities decided to Several measures, which would have deport several Syrian nationals to Syria, also in clear contravention of international negative consequences for the rights In June, it passed the law that law, although the decisions had not been of asylum-seekers and women, were establishes the Federal Agency for the implemented at the end of the year. adopted or discussed. A new law Provision of Care and Support. This endangered the fairness of the asylum new governmental agency, embedded In June, asylum-seekers living in a return procedure. The authorities continued in the Ministry of Interior, will provide centre (Rückkehrberatungszentrum) in to deport rejected asylum-seekers to legal counselling to asylum-seekers as Fieberbrunn, Tyrol, went on a 46-day Afghanistan. The Committee of Petitions of January 2021, replacing independent hunger strike to protest against the of the national parliament discussed two civil society counselling. This change poor housing conditions and the remote citizens’ initiatives that would restrict raised serious concerns regarding the location of the facility. The Ministry access to abortion. fairness of the asylum procedure. of Interior opened an inquiry into the human rights compliance of the centre’s In May, Parliament passed the living conditions. In November, findings REFUGEES AND ASYLUM-SEEKERS Fundamental Law on Social Assistance, of the inquiry were presented; families The number of asylum applications which reduced social benefits for people with school-age children were no longer continued to decline. According to with subsidiary protection status to the accommodated in the centre.

HUMAN RIGHTS IN EUROPE 10 REVIEW OF 2019 Amnesty International FREEDOM OF EXPRESSION officials. The Ministry of Interior according to a third gender option informed Amnesty International that an following a 2018 Constitutional Court’s In April, the Minister for the European internal police investigation would be ruling. Union, Art, Culture and Media introduced conducted once the Prosecutor’s Office a bill in Parliament that would establish had concluded its investigation. The an identity verification system for users Vienna Administrative Court ruled that of online platforms. Companies would WOMEN’S RIGHTS several police conducts, including bag incur exorbitant fines up to €1 million searches and the arrest of an activist, In September, the Parliament passed if they failed to comply. If adopted, the were unlawful. the Protection against Violence Act. The law would negatively impact the right to law intended to improve the protection freedom of expression on the internet. Civil society organizations continued of survivors of sexual violence and to report cases of police officers strengthened cooperation between discriminating against people belonging relevant institutions, more specifically EXCESSIVE USE OF FORCE to ethnic and religious minorities through between police and the courts. Authorities continued to fail to establish the use of identity checks and by making an independent mechanism to investigate discriminatory comments. At the end of the year, two citizens’ cases of ill-treatment and excessive use initiatives that sought amendments to of force by law enforcement officials abortion law were pending in Parliament. and to legally require them to wear RIGHTS OF LESBIAN, GAY, The initiatives proposed introducing a identification badges. BISEXUAL, TRANSGENDER AND mandatory reflection period for women seeking abortion, an obligation of INTERSEX PEOPLE (LGBTI) In May, police used excessive force medical professionals to inform women against several climate activists while Since January, same-sex couples can about support and counselling services dispersing a spontaneous assembly. At marry and heterosexual couples can as well as repealing the decriminalization the end of the year, an investigation by enter registered partnerships. Intersex of abortion after three months’ pregnancy the Prosecutor’s Office was ongoing into individuals who do not identify as either in case of serious risks for the foetus’ the conduct of several law enforcement male or female can register their gender mental or physical health.

HUMAN RIGHTS IN EUROPE 11 REVIEW OF 2019 Amnesty International A group of Amnesty International activists holding a big banner with placards and a violet hand painted in their faces, during the demonstration stop violence against women, in Brussels on November 24th, 2019. © Romy Arroyo Fernandez/NurPhoto

society actors welcomed the law but were Al Roj and Aïn Issa in Northern Syria. BELGIUM concerned about the limited mandate Belgium repatriated six such children to of the institution and about how it will Belgium, four orphans and two victims of Kingdom of Belgium fit into Belgium’s complex institutional international child abduction. Dozens of Head of state: King Philippe other children, who were accompanied by Head of government: Sophie Wilmès (replaced Charles landscape. Michel in October) a parent, were not repatriated due to the state’s continued policy that it would not COUNTER-TERROR AND SECURITY facilitate the return of adults. According Parliament adopted a law to establish a to Child Focus at least five young Belgian In January and February, new laws federal human rights institution. Arms children died in IDP-camps in 2019. transfers to warring parties in the conflict entered into force aimed at improving in Yemen continued. Civil society called the system for the financial assistance for better responses to gender-based for victims of terrorism-related attacks. MIGRANTS’ RIGHTS violence. The government continued its Despite recommendations from victims’ In April, the Council of State suspended policy to detain children for repatriation associations, the authorities did not the practice of holding families with purposes but was thwarted by the Council sufficiently address the complexity of the children in detention for immigration of State. compensation system for victims of such attacks. purposes. In August 2018, the government had started detaining LEGAL, CONSTITUTIONAL OR families with children in “family units” CHILDREN’S RIGHTS in the immigration detention centre of INSTITUTIONAL DEVELOPMENTS Steenokkerzeel, next to an airport landing At the end of April, the Federal Dozens of children with at least one strip. The practice was suspended Parliament adopted a law establishing Belgian parent are being held in camps on the basis of the possible health a federal human rights institution. Civil for internally displaced people, Al Hol, consequences of the noise from the

HUMAN RIGHTS IN EUROPE 12 REVIEW OF 2019 Amnesty International airport. The government announced it number of issues with protecting human ARMS TRADE would improve sound insulation in order rights of migrants during arrest, and to be able to resume the detention of recommended the authorities be more The Walloon Region continued to allow families with children. proactive in investigating police violence, arms transfers to members of the Saudi- also when no formal complaint was led coalition in Yemen, following licences In February, the Commission evaluating made. worth €195.8 million granted for policies relating to the voluntary and transfers to Saudi Arabia in 2018. forced return of foreign nationals issued In June, the Council of State cancelled a mid-term report. This Commission DETENTION eight licences stating that the Walloon was set up in February 2018 to review Region had failed to examine the conduct Belgium’s return policies and practices, Prisons continued to be overcrowded, of the buyer country. NGOs called on following the identification and return prisoners were detained in dilapidated the government to stop arms transfers to of Sudanese nationals in violation of the facilities and had insufficient access to countries committing serious violations principle of non-refoulement (whereby basic services. of international humanitarian law and states are prohibited from returning human rights law. Amnesty International individuals to a country where there is In May, the European Court of Human and others launched the Walloon Arms a real risk of persecution). Civil society Rights gave its judgement in the case Monitor, an attempt to hold the Walloon was disappointed at the lack of critical of Clasens v. Belgium. It found that Region accountable to its international evaluation, and the lack of civil society during a protracted staff strike in 2016, obligations with respect to arms trade. representatives and independent material prison conditions amounted to a experts among the membership of the violation of the prohibition of inhuman or Commission. degrading treatment. POLICE AND SECURITY FORCES In February, the UN Working Group on In July, a new law entered into force In February, the Standing Police People of African Descent conducted a aimed at introducing minimum service Monitoring Committee (“Committee fact-finding mission. The Working Group provisions in prisons during industrial P”) published a report on the police called for action on racial profiling by action. handling of refugees and migrants in police, including through documenting transit, following a number of reports and analyzing stop-and-searches. In from NGOs alleging ill-treatment of December, the Human Rights Committee refugees and migrants by the police. The VIOLENCE AGAINST WOMEN AND expressed concern at the persistence Committee P concluded that migrants GIRLS of ethnic profiling and urged Belgium were treated “correctly and humanely” in to change its laws to explicitly prohibit “large-scale operations” and made policy In February, the state submitted its first ethnic profiling. recommendations for a more integrated, report to the Council of Europe’s Group uniform and humane approach. A review of Experts on Action against Violence of the Committee P report by Myria, against Women and Domestic Violence the Belgian Federal Migration Centre, (GREVIO), outlining the state’s efforts RACIAL DISCRIMINATION concluded the report did not contradict to implement the Istanbul Convention. Several UN bodies, including human NGO findings, since it did not verify Nearly 50 civil society organizations rights bodies and UNESCO, expressed the cases reported by NGOs and only urged Belgium to step up its efforts and concern over the persistence of racism focused on large scale operations and on to allocate sufficient resources to tackle and antisemitism and called upon the formal complaints. Myria highlighted a gender-based violence. state to take measures.

HUMAN RIGHTS IN EUROPE 13 REVIEW OF 2019 Amnesty International People march with a banner and rainbow flags during the first Bosnian pride parade “Ima Izać!” in Sarajevo on 8 September 2019. © Martina Šalov

access to international protection or by the International Organization BOSNIA AND adequate reception conditions.1 Tens of for Migration, housed around 4,000 thousands of people travelled through people in overcrowded and inadequate HERZEGOVINA BiH, most intending to seek asylum in conditions. Reception centres remained the European Union. By the end of 2019, solely located in one of the country’s two Bosnia and Herzegovina the authorities had registered almost entities, the Federation BiH, primarily in Head of state: Rotating presidency – Milorad Dodik, Željko Komšić, Šefik Džaferović 29,000 irregular entries. Una-Sana Canton. The authorities in the Head of government: Denis Zvizdić other entity, Republika Srpska, refused to Numerous bureaucratic obstacles to set up any camps on their territory. registration, lack of adequate legal The authorities failed to provide basic assistance and translation, limited In May, local authorities forcibly reception and support to thousands capacity and scarce financial support transferred around 800 people, mostly of refugees, asylum-seekers and for potential asylum-seekers prevented single men, to an informal camp in migrants stranded in the country. effective access to international Vučjak, a former landfill site without Minorities continued to face widespread protection. By the end of the year, less access to drinking water or adequate discrimination and social exclusion. than 5% of the 28,000 people who sanitation and in close proximity to a Threats and attacks against journalists expressed their intention to apply for minefield. The UN Special Rapporteur on and media freedom persisted. Access to asylum had managed to do so. the human rights of migrants warned the justice and reparations for civilian victims authorities that the site posed a serious of war remained limited. The authorities at different levels failed health and safety risk and was completely to cooperate to meet the needs of over unfit for human occupation. The camp 8,000 refugees and migrants stranded was finally dismantled in December REFUGEES AND ASYLUM-SEEKERS in the country, many as a result of and people accommodated there were Bosnia and Herzegovina (BiH) failed to pushbacks from neighbouring Croatia. transferred to formal reception centres provide asylum-seekers with effective Temporary reception centres, operated elsewhere in the country.

HUMAN RIGHTS IN EUROPE 14 REVIEW OF 2019 Amnesty International DISCRIMINATION Srpska used excessive force to break persistent backlog of cases, ineffective up months-long protests demanding case management and a dramatic decline Roma continued to face systemic barriers the truth over the unexplained death in conviction rates, threatened to leave to education, housing, health services of a youth in 2018 and banned further many victims without justice, truth and and employment. The inability to register gatherings in the entity’s capital, Banja reparation. a permanent residence remained an Luka. insurmountable obstacle preventing many The Republika Srpska Law on the Roma from accessing basic rights and Legal amendments seeking to criminalize protection of victims of wartime torture services, many of which require a legal unauthorized filming or photographing entered into force in January. By the proof of residence. of public officials during protests in end of the year, 86 people had applied Republika Srpska were withdrawn for the status of victims of wartime LGBTI people faced widespread social following pressure from journalists’ rape and monthly financial support. exclusion and discrimination. Although associations and the international Nevertheless, applicants faced numerous LGBTI rights organizations reported community. obstacles in the process, including lack improved cooperation with the police of information, difficulty in securing and judiciary in the Federation BiH, acts adequate documentation, unclear of violence and discrimination against MIGRANTS’ RIGHTS procedures and arbitrary refusals. LGBTI people were not thoroughly investigated. The BiH Ministry of Security revoked Criminal courts continued to grant the residence permits of several Turkish financial compensation to victims Despite several counter-protests and nationals putting them at risk of forcible of wartime rape. However, with one threats of violence, the country’s first return to Turkey. The Ministry took the exception, such claims could not Pride event was successfully organized in decision shortly after a state visit by be enforced as perpetrators lacked September in Sarajevo. Turkey’s President during which he sufficient funds. Victims who pursued requested the deportation of Turkish compensation claims in separate civil The authorities failed to implement citizens residing in BiH because of their proceedings had to do so at their own multiple rulings of the European Court of alleged links with the so-called Fethullah cost and routinely faced rejection owing Human Rights and the BiH Constitutional Gülen movement, which Turkey considers to the widespread application of the Court that found the power-sharing to be a terrorist organization. statute of limitations to reparation claims arrangements set out in the constitution by all courts in BiH. to be discriminatory, preventing people who did not belong to one of the CRIMES UNDER INTERNATIONAL In August, the UN Committee against constituent peoples (Bosniak, Croat or LAW Serb) from running for legislative and Torture ruled in the case of a victim executive office. In March, the appeals chamber of the of wartime rape that the statute of International Residual Mechanism for limitations or the inability of perpetrators Criminal Tribunals in The Hague upheld to pay compensation should not prevent FREEDOM OF ASSEMBLY AND the original 2016 verdict and sentenced victims from receiving the redress the former Bosnian Serb leader Radovan awarded by the courts and ordered BiH EXPRESSION Karadžić to life imprisonment. to provide all victims of torture with The pattern of threats, political pressure adequate compensation and access to and attacks against journalists continued. The BiH Council of Ministers failed to medical and psychological support. Journalists were targeted because of adopt the revised War Crimes Strategy. their ethnic origin and the content of Domestic prosecution of war crimes Lack of resources and capacity and poor their work. BiH ranked 63rd out of further slowed with over 550 cases cooperation between the authorities 180 countries in the Reporters Without pending before various courts at the continued to hamper the search for Borders World Press Freedom Index. end of the year. Systemic deficiencies 7,200 people still missing as a result of In January, the authorities in Republika in the Prosecutor’s Office, including a the armed conflict.

1. Amnesty International, Bosnia and Herzegovina: Pushed to the edge: Violence and abuse against refugees and migrants along the Balkans Route (Index: EUR 05/9964/2019) https://www.amnesty.org/en/documents/eur05/9964/2019/en/

HUMAN RIGHTS IN EUROPE 15 REVIEW OF 2019 Amnesty International People gather to protest against the only nominee for Bulgaria’s chief prosecutor Ivan Geshev, in Sofia, on October 23, 2019. © NIKOLAY DOYCHINOV/AFP via Getty Images

migrants and asylum-seekers remained Algeria seemed to receive automatic BULGARIA inadequate, despite the significantly rejections, while the recognition rate of reduced number of people entering Afghan nationals remained significantly Republic of Bulgaria Bulgaria. lower than that in many other EU Head of state: Rumen Radev countries. Head of government: Boyko Borisov Detention, including of unaccompanied children, remained a routine practice. Conditions in reception and detention Irregular migrants in detention VIOLENCE AGAINST WOMEN AND centres for refugees and asylum-seekers centres had limited access to legal GIRLS remained inadequate. Domestic violence representation, interpretation or health was widespread. A climate of xenophobia care, including essential psychological Bulgaria failed to ratify the Istanbul and intolerance intensified in the run-up and psychiatric care. Convention following a sustained to elections. Widespread discrimination campaign by far-right groups, supported against Roma, Jews and other minority The authorities lacked systems to by the nationalist parties in the coalition communities resulted in incidents of correctly identify asylum-seekers in government, and a 2018 Constitutional violence and harassment. Journalists particularly vulnerable situations and Court ruling declaring the Convention were threatened and prosecuted because provide them with safe accommodation unconstitutional. of their work. and adequate support. Domestic violence remained widespread, Discrimination against certain groups with significant under-reporting masking REFUGEES AND ASYLUM-SEEKERS resulted in some asylum-seekers facing the true scale of the problem. Police an increased likelihood of having their failed to thoroughly investigate violence Reception and accommodation applications rejected: people from against women. Funding for shelters and conditions, including food provision, for countries including Pakistan, Iraq and support services was insufficient and

HUMAN RIGHTS IN EUROPE 16 REVIEW OF 2019 Amnesty International victims in some regions had no access at circulated footage that showed Roma the number of homophobic incidents. all to shelters or assistance. men allegedly assaulting a shop owner. In July, a court officially recognized Nearly 80% of Gabrovo’s 600 Roma fled a marriage between two women who In February, the National Assembly the village as a result of the violence. married in France. Despite the ruling, amended the country’s criminal Instead of providing police protection, same-sex unions, which are explicitly legislation to introduce tougher penalties the authorities instructed the Roma to prohibited by the Constitution, remained for perpetrators of domestic violence. flee, according to some members of the illegal. However, the measures were partial and community and Roma rights activists. insufficient. The Council of Europe asked Bulgaria to invest more in education The Bulgarian National Movement FREEDOM OF EXPRESSION and prevention programmes and provide (VMRO) party, a member of the coalition In September, the VMRO asked the consistent funding for shelters and government, proposed a “Strategy for country’s Prosecutor General to deregister psychological and other support for the Integration of Unsocialized Roma”, the Bulgarian Helsinki Committee, one victims of domestic violence. including measures to restrict welfare payments to Roma families, provide of the oldest and largest human rights free abortions for mothers with more organizations in the country, accusing it DISCRIMINATION than three children, dismantle informal of “unconstitutional, unlawful, immoral settlements and “eradicate crime in and openly anti-Bulgarian activities”. Racist and intolerant rhetoric increased Gypsy ghettos”. The proposed strategy in the lead-up to European Parliament was widely criticized by human rights Journalists continued to face intense and local elections. The authorities not organizations. political pressure, threats and only failed to condemn hate speech, but intimidation, as a significant portion some actively encouraged or engaged Political parties and government officials of the media remained under the in it. Minority groups continued to be made discriminatory and xenophobic tight control of political parties. The at risk of persistent discrimination and statements. Deputy Prime Minister authorities brought criminal charges harassment. Krasimir Karakachanov regularly used against investigative reporters who derogatory language about Roma and exposed corruption scandals that The UN Committee on Economic, Social called for a “final solution to the Gypsy potentially implicated senior government and Cultural Rights noted limited impact question”. The government failed to and judicial officials, while others of the government’s Roma integration unequivocally condemn his statements. routinely faced threats for their work. strategy, with Roma remaining disproportionally affected by poverty and In January, the Supreme Administrative Journalists who were publicly opposed to social exclusion and facing systemic Court in Bulgaria ruled that Valery the government were particular targets. barriers to education, housing, health Simeonov, the former Deputy Prime In September, a popular Bulgarian services and employment. Minister, was not liable for harassment national radio channel came off air resulting from openly anti-Roma public for several hours and its editor was In January, following violent anti- statements he had made in 2017, suspended from her job after she had Roma protests in Voivodinovo triggered thereby overturning a rare lower court criticized the appointment of the new by an incident in which two Roma conviction for hate speech. Prosecutor General, which sparked public men assaulted a Bulgarian army protests. officer, the authorities forcibly evicted In February, over 2,000 members of far- and demolished the homes of local right groups gathered in Sofia to honour Bulgaria remained the lowest ranking Roma leaving more than 50 people, a Bulgarian pro-Nazi general despite the EU member state on the World Press including children, without alternative opposition of Jewish groups and other Freedom Index, lagging even behind accommodation. political parties. Physical attacks against other countries in the Balkans. The religious sites, including the desecration NGO Reporters without Borders ranked In April, several Roma homes in Gabrovo of cemeteries, continued throughout 2019. Bulgaria 111th out of 180 countries in were burned down by a violent mob terms of press freedom. calling for the town to be “cleansed” of Lesbian, gay, bisexual, transgender and its Roma community, following widely intersex (LGBTI) groups reported a rise in

HUMAN RIGHTS IN EUROPE 17 REVIEW OF 2019 Amnesty International A group of migrants from the Asian continent walk on a dusty track through a wooded area in the countryside, near Bosanska Krupa, in Northern Bosnia, on July 3, 2019, after being physically expelled by police from neighbouring Croatia for another illegal attempt to cross the border into EU. © ELVIS BARUKCIC/AFP via Getty Images

and migrants being apprehended deep The authorities targeted two NGOs, Are CROATIA inside Croatian territory, held for hours You Syrious and the Centre for Peace in police custody and forcibly returned Studies, who criticized police activities Republic of Croatia to Bosnia and Herzegovina in groups at the border. The NGOs were accused Head of state: Kolinda Grabar-Kitarović Head of government: Andrej Plenković without an opportunity to seek asylum. of “facilitating illegal migration” and Such returns took place without due activists and volunteers were detained process and away from official border without charge. An appeal against Refugees and migrants faced pushbacks crossings. People reported being rounded the judgement of the Are You Syrious and abuse by the Croatian police. up by police, shouted at and beaten volunteer convicted of “involuntary Domestic violence continued to attract with batons, stripped of their clothes negligence” for assisting an Afghan light penalties and protective measures and made to walk barefoot, sometimes family to cross the border was pending at were rarely enforced. Women faced through deep snow and freezing rivers.1 the end of the year. numerous barriers in accessing abortion. Journalists were threatened and The authorities continued to deny Fewer than 150 asylum-seekers were prosecuted because of their work. the violence. However, in July the granted international protection in President acknowledged that pushbacks, Croatia during 2019. accompanied by “some violence”, were REFUGEES AND ASYLUM-SEEKERS necessary to prevent irregular entries. Croatia failed to provide refugees VIOLENCE AGAINST WOMEN AND with effective access to international In July, the Swiss Federal Administrative GIRLS protection and used pushbacks and Court suspended the return of an collective expulsions, frequently asylum-seeker to Croatia citing the risk Croatia had still not fully harmonized accompanied by violence, to keep people of repeated pushbacks and violence that its legislative and policy framework on out of its territory. NGOs and the media had left him with serious physical and gender-based violence with the Istanbul documented numerous cases of refugees psychological consequences. Convention by the end of the year. In the

HUMAN RIGHTS IN EUROPE 18 REVIEW OF 2019 Amnesty International vast majority of cases, domestic violence RIGHT TO HEALTH warned that further progress depended continued to be treated as a minor primarily on an improved cooperation offence attracting lesser penalties, and Women’s access to sexual and with the Serbian authorities, who failed reproductive rights remained seriously protective measures were rarely enforced. to provide information about the locations constrained. Individual doctors, and The practice of dual arrests persisted, of mass and individual graves. in some cases health care institutions, with some women who reported abuse continued to refuse abortions on the being arrested as co-perpetrators, In July, the National Assembly adopted grounds of conscience. In several regions, questioned in the presence of the abuser the Law on Missing Persons, granting abortion services were not available at and, in some cases, sanctioned for victims and their families special rights any authorized clinic and women were offensive language or acting in self- to truth and justice. often forced to travel to nearby towns at defence. their own cost. National health insurance did not cover termination of pregnancy Despite considerable improvements, and the cost at some authorized clinics FREEDOM OF EXPRESSION the Law on Protection against Domestic was prohibitively high. Combined, these Journalists who investigated corruption, Violence continued to exclude victims factors represented insurmountable organized crime and war crimes who did not share the same residence obstacles for women with lower socio- continued to be threatened, intimidated as a partner, who had lived with their economic status, forcing some to seek and, in some cases, attacked. The partner for less than three years or who unsafe clandestine abortions. authorities failed to condemn such did not have children with their partner, attacks. forcing some women to undertake private The National Assembly failed to adopt prosecutions against their abusers. a new law on termination of pregnancy In September, journalist Gordan Shelters for victims of domestic violence by the deadline set by a 2017 Duhaček was arbitrarily detained for were not available in six regions and Constitutional Court ruling. An expert 24 hours on charges of “discrediting facilities and support services in others commission set up by the Ministry of public authorities” for posting a satirical remained underfunded. Health was widely criticized for including message on Twitter. His arrest was conservative healthcare professionals criticized by the Organization for Security The vast majority of successful rape and no representatives of organizations and Co-operation in Europe and the convictions resulted in prison sentences advocating sexual and reproductive Council of Europe. of one year or less. The criminal law rights. continued to distinguish between rape and the lesser offence of “sexual violence DISCRIMINATION without consent”, which carried lighter CRIMES UNDER INTERNATIONAL penalties. In September, the government Discrimination against ethnic minorities, announced legal amendments that would LAW as well as refugees and migrants, bring the definition of rape into line with The fate and whereabouts of over 1,500 remained widespread. Roma continued international standards and increase of the 6,000 people who went missing to face numerous barriers in accessing penalties for crimes of gender-based during the 1991-1995 armed conflict education, health, housing and violence. remained unknown. The authorities employment.

HUMAN RIGHTS IN EUROPE 19 REVIEW OF 2019 Amnesty International A refugee stands in front of the UN buffer zone in Nicosia on the island of Cyprus, 15 February 2019. The divided island is currently one of the main gates to Europe for refugees. However, the lack of infrastructure, bureaucracy and xenophobia make life difficult for those seeking protection. © Chrissi Wilkens

in 2018. Cyprus continued to have the to Cyprus and reunite with his family. CYPRUS highest number of registered first-time He had been imprisoned for more than asylum applicants per capita in the three years by the Hungarian authorities Republic of Cyprus European Union (EU). Between January and unjustly convicted of “complicity Head of state: Nikos Anastasiades and December, 13,259 people registered in an act of terrorism”. Following his their asylum claims, in comparison release, he spent more than eight months The year saw an upward trend in to 7,761 during the whole of 2018. in immigration detention waiting for the refugee and migrant flows and asylum Meanwhile, despite a reported increase in Cypriot authorities to decide on his fate. applications. the number of staff dealing with asylum During that time, Ahmed H. was at risk of claims, the backlog of applications being forcibly returned to Syria. reached over 16,437 by the end of the year. BACKGROUND ENFORCED DISAPPEARANCES The NGO Cyprus Refugee Council In November the UN Secretary- expressed concern that the increase in Efforts to establish the fate of the people General met the Greek-Cypriot and numbers worsened pre-existing shortfalls who went missing during the inter- Turkish-Cypriot leaders, who renewed in asylum procedures and reception communal fighting of 1963 to 1964 and their commitment to achieving a conditions. In particular, lack of capacity the events of 1974 continued. During comprehensive and durable settlement in the Kofinou reception centre, together the year, the Committee of Missing within a foreseeable horizon. with insufficient material assistance, Persons in Cyprus exhumed the remains resulted in many asylum-seekers living in of 28 people, bringing the total number housing of poor quality or being homeless. of exhumations since 2006 to 1,217. REFUGEES AND ASYLUM-SEEKERS Between 2006 and 2019, the remains Between January and September, 1,500 At the end of September, Ahmed H., a of 969 missing individuals (700 Greek refugees and migrants arrived by sea, Syrian national and a former long-term Cypriots and 269 Turkish Cypriots) were compared to 400 during the same period resident of Cyprus, was allowed to return identified.

HUMAN RIGHTS IN EUROPE 20 REVIEW OF 2019 Amnesty International VIOLENCE AGAINST WOMEN AND reported shortcomings of the police Parliament by the end of the year. The GIRLS investigation into a British teenager’s bill provides that transgender people can report of being subjected to gang rape, change their official identity documents In April, the uncovering of the murders and the fairness of a subsequent trial without medical interventions or tests of five migrant women and two young where she was convicted by a district and mental health assessments being migrant girls by a serial killer drew court in December of making the claim required. The bill does not impose international attention to the multiple falsely. blanket age restrictions, although for forms of discrimination and exploitation minors, a mental health assessment and experienced by female migrant workers in a court order is needed. the country. The NGO KISA denounced RIGHTS OF LESBIAN, GAY, the authorities’ failure to take special BISEXUAL, TRANSGENDER AND measures to protect migrant women subjected to gender-based violence INTERSEX PEOPLE (LGBTI) and called for an investigation into the A bill on the legal recognition of gender handling of the case by the police. identity opened for public consultation Serious concerns arose about the in 2018 had not been submitted to

HUMAN RIGHTS IN EUROPE 21 REVIEW OF 2019 Amnesty International People attend a demonstration for the independence of justice and the resignation of Prime Minister Babiš, which took place in Prague on Letná Plain on 23 June 2019. The protest was organised by the non-governmental organisation Million Moments for Democracy - www.milionchvilek.cz. © Ibra Ibrahimovic (Million Moments)

same group and were triggered by fears ECONOMIC, SOCIAL AND CULTURAL CZECH REPUBLIC over the government’s interference with RIGHTS the judiciary, and during the assemblies Czech Republic earlier in the year also the lack of action In February, the European Commission Head of state: Miloš Zeman to tackle the climate crisis. noted that the Czech Republic lacked Head of state: Andrej Babiš affordable and quality social housing; and In August, the Committee on the that homelessness and levels of personal debt were increasing. Parliament failed to ratify the Council Elimination of Racial Discrimination of Europe Convention on preventing and (CERD) criticized the discrimination In June, the Ministry of Social Affairs combating violence against women. The of Roma in access to economic, social presented a draft law on housing Ministry of Social Affairs proposed a new and cultural rights, as well as racist benefits, introducing stricter eligibility law on housing benefits that may put rhetoric of politicians, including mayors criteria, which would exclude those many at risk of homelessness. Concerns and members of Parliament and the living in residential hotels. NGOs over the use of discriminatory speech government. The Committee also working in housing warned that the law targeting migrants and Roma persisted. highlighted the prevalence of racially would effectively put benefits at risk for motived attacks targeting Roma, Jews, thousands of families. migrants and minority rights activists.

Parliament failed to ratify the Council BACKGROUND of Europe Convention on preventing and DISCRIMINATION – ROMA In April, May, June and November, large- combating violence against women and Housing scale protests were held with hundreds domestic violence (Istanbul Convention), In March, the Regional Authority of of thousands taking to the streets across despite reports that only a small number Central Bohemia ruled unlawful a the country. These were organized by the of perpetrators are brought to justice. municipal decree in the town of Kladno,

HUMAN RIGHTS IN EUROPE 22 REVIEW OF 2019 Amnesty International which had declared several areas, many reforms, the Committee noted with REFUGEES AND ASYLUM-SEEKERS of them inhabited by Roma, as “zones concern that Roma children remained The Czech Republic continued to detain of socially undesirable behaviour”. The continuously over-represented in some asylum-seekers, including children, decree had been adopted in line with a programmes for children with mild who are subject to a transfer order under 2017 amendment to welfare legislation, mental disabilities. According to the EU’s asylum system. which prevents the residents of such government figures, while the proportion “zones” from claiming some housing of Roma among pupils in primary schools The government continued to refuse benefits. The Regional Office held that in 2018/2019 was 3.7%, the proportion to participate in any relocation the decree failed to adequately specify of Roma among pupils educated under efforts within the EU. The European the locations and declared entire town reduced educational programmes in the Commission brought a case against districts as “zones.” The practice of 2018/2019 school year is 29.1%. the Czech Republic to the European declaring the “zones” was criticized as Court of Justice in 2017 for a refusal discriminatory by the CERD in August. In October, the Ministry of Education to participate in the EU’s Emergency limited the support available for pupils Relocation Scheme which sets mandatory However, dozens of other municipalities with special educational needs by refugee relocation quotas, which was still with a significant Roma population, restricting the number of teaching pending at the end of the year. including Ústí nad Labem, Most, Karviná, assistants to one per class. It also and Ostrava-South, continued to declare gave schools the retrogressive option The Public Defender of Human Rights areas within their territories as “zones” of running separate classes for pupils had previously criticized the authorities‘ despite calls by international human with learning and behavioural issues. A treatment of a group of Chinese rights monitoring bodies to promote number of NGOs expressed concerns that asylum-seekers on both procedural access of Roma to adequate housing and these moves would increase segregation and substantive grounds. In 2017, 78 to combat discriminatory practices in this of Roma in schools. Chinese citizens had applied for asylum sector. on grounds of religious persecution, but as many as 70 of these applications were Education DISCRIMINATION - LESBIAN, GAY, rejected in 2018. In September, the In August, the CERD expressed concerns Supreme Administrative Court returned BISEXUAL, TRANSGENDER AND three cases of the rejected asylum- over the prevalence of segregated schools INTERSEX PEOPLE (LGBTI) where the large majority of pupils are seekers to the migration office for a new Roma. In March, Parliament discussed a draft assessment. amendment to the Civil Code that would In September, the Committee of introduce the possibility of marriage for Ministers of the Council of Europe same-sex couples, replacing the existing ARMS TRADE reviewed the measures taken to address legislation that allows same-sex couples Concerns remained over continuing arms the discriminatory segregation of Roma to enter civil partnerships. A counter- transfers to the Saudi Arabia/United pupils in schools and classes for pupils proposal by a group of MPs sought to Arab Emirate-led coalition. There is a with mental disabilities (following the enshrine protection for “traditional substantial risk of them being used to continued failure to implement the marriage” between a man and woman in commit or facilitate serious violations judgment in D.H. and Others v. Czech the Constitution. Neither proposal had of international human rights and Republic). Whilst welcoming some been voted on by the end of the year... humanitarian law in the Yemen conflict.

HUMAN RIGHTS IN EUROPE 23 REVIEW OF 2019 Amnesty International A photo from Let’s talk about yes campaign protest in Denmark. © Jonas Persson

would re-enter the UNHCR resettlement short of international human rights DENMARK programme and receive 30 refugees in standards, as mentioned in the CESCR 2019, but no refugees had been resettled recommendations to Denmark in October Kingdom of Denmark to Denmark by the end of the year. 2019, with serious consequences for Head of state: Queen Margrethe II Head of government: Mette Frederiksen (replaced Lars survivors of rape. While the prevalence Løkke Rasmussen in June) Individuals granted subsidiary temporary of rape was significant, only a minority protection status still had to wait three of cases were reported to the police and years before being eligible to apply for very few led to convictions. Sexuality Survivors of rape continued to face family reunification. Asylum-seeking education to tackle gender stereotypes inadequate and outdated laws although families with children whose claims and rape myths and prevent sexual changes to the legal definition of were rejected were accommodated in violence did not reach enough students rape were announced. Denmark the Sjælsmark deportation camp. Only or include teaching on consent.1 very few children had access to ordinary announced it would re-enter the UN Denmark was also criticized by the schools and according to a survey, 61% Refugee Agency’s (UNHCR) refugee CESCR in 2019 on this issue. resettlement programme – however, of the children displayed mental health problems. In November, the government in very insignificant numbers. New In June, the government and supporting housing legislation was criticized by and its parliamentary support agreed to parties agreed to change the legal the Committee on Economic, Social close Sjælsmark by April 2020. definition of rape to a consent-based and Cultural Rights (CESCR) for being one. The government announced that discriminatory. a bill will be tabled in Parliament in

VIOLENCE AGAINST WOMEN AND February 2020, although no schedule GIRLS had been put forward by the end of the REFUGEES AND ASYLUM-SEEKERS Danish legislation and practice of year. This commitment came after years In July, the Minister for Immigration and handling cases of sexual violence of campaigning by survivor-activists and Integration announced that Denmark including rape continued to fall women’s and human rights organizations.

HUMAN RIGHTS IN EUROPE 24 REVIEW OF 2019 Amnesty International RIGHT TO HOUSING the absence of any published plans to interventions on young children born provide adequate alternative housing. In with variations of sex characteristics. The Under the 2018 regulation L38 on November, the CESCR urged Denmark to Danish Health Authority did not introduce social housing, a number of low-income address this clear case of discrimination any human rights-based guidelines to say neighbourhoods were categorized as against and stigmatisation of residents in “vulnerable areas”, ghettos” and “hard that such interventions, both surgical and these neighbourhoods. ghettos”. A “ghetto” is defined as an hormonal, on infants and children should area where the proportion of immigrants be postponed until they can meaningfully and descendants from “non-Western DISCRIMINATION participate in decision-making and give countries” exceeds 50 percent, and informed consent. This resulted in a where at least two of the four criteria The adoption by parliament in 2018 violation of the children’s rights to private for ”vulnerable areas” are met (higher of a ban on wearing face coverings in life, bodily integrity and the highest than average rates of unemployment, public has had a particularly negative attainable standard of health. criminal convictions, low education, and and discriminatory impact on Muslim low income). A “hard ghetto” has met women who choose to wear the niqab or those criteria for four years. Special and the burqa. disproportionate regulatory measures ARMS TRADE apply to residents living there such as In January, the government extended the compulsory day care for children from RIGHTS OF LESBIAN, GAY, suspension of future exports to Saudi the age of 1 year and no access to family BISEXUAL, TRANSGENDER AND Arabia of weapons, military equipment reunification. The associated programme of planned privatization or demolition INTERSEX PEOPLE (LGBTI) and dual-use products it had made in of social housing in “hard ghettos” Danish medical standards and decision- 2018 to also cover the United Arab risks pushing residents into inadequate making processes continued to allow Emirates. housing and even homelessness in non-emergency and irreversible medical

1. Amnesty International, Denmark: “Give us respect and justice!” Overcoming barriers to justice for women rape survivors in Denmark (Index: EUR 18/9784/2019) https:// www.amnesty.org/en/documents/eur18/9784/2019/en/

HUMAN RIGHTS IN EUROPE 25 REVIEW OF 2019 Amnesty International improving communication with state rights including employment, housing, ESTONIA legal aid providers, allowing for legal education and health care. The representation at all stages of the government’s integration development Republic of Estonia procedure (notably at first instance), plan ”Integrating Estonia 2020” did not Head of state: Kersti Kaljulaid Head of government: Jüri Ratas enhancing the capacity of lawyers, and address specific target groups, making it ensuring full translations of asylum difficult to reach certain minorities such decisions. as the Roma. A national human rights institution was established. Levels of statelessness A draft amendment to the Asylum Act remained high. was withdrawn. The draft would have RIGHTS OF LESBIAN, GAY,

extended the exceptions under which BISEXUAL, TRANSGENDER AND refoulement – the forcible return of INTERSEX PEOPLE (LGBTI) LEGAL, CONSTITUTIONAL OR people to countries where they are INSTITUTIONAL DEVELOPMENTS at real risk of persecution – could Although the Registered Partnership have been allowed when refugees had Act entered into force in 2016, by the The UN Human Rights Committee year’s end parliament had yet to pass been sentenced for certain crimes. welcomed the expansion of the mandate implementing legislation. The lack Refoulement is always forbidden under of the Chancellor of Justice to enable of specific provisions led to unequal international law and standards. it to act as the national human rights treatment of same-sex partnerships. In The Committee on Economic, Social institution. However, it expressed concern June, however, the Supreme Court ruled and Cultural Rights (CESCR) raised that the resources allocated may not be that the provisions in the Aliens Act concern about the poor living conditions adequate for effective funding. precluding same-sex registered partners in reception centres, as well as the of Estonian citizens from residence acute shortage of housing available for permits are unconstitutional and invalid. REFUGEES AND ASYLUM SEEKERS refugees, which has led some of them to stay in reception centres even after they Despite the lack of implementing Estonia received 100 asylum were granted refugee status. legislation, in September an administrative applications, the lowest within the court decision underscored that same-sex European Union. partners who have legally registered their DISCRIMINATION – ETHNIC partnership have equal rights to health The UN Refugee Agency, UNHCR, MINORITIES insurance for stay-at-home parents. recognized Estonia’s commitment to provide effective access to legal aid for Some 76,000 people, around 5.5% The Estonian LGBTI Association Eesti asylum-seekers, but identified a number of the population, remained stateless, LGBT Ühing reported attacks aimed at of necessary legislative changes to the mainly due to their lack of proficiency stopping the association from proposing Asylum Act. These included recognizing in Estonian. Non-Estonian speaking projects for public funding, silencing vulnerable applicants’ need for special minorities, albeit with permanent and marginalizing the LGBTI community, safeguards and advice, providing timely residency rights, continued to face which created a climate of fear among information on rights and obligations, discrimination in relation to a range of activists and the community.

HUMAN RIGHTS IN EUROPE 26 REVIEW OF 2019 Amnesty International Demonstration in Helsinki on 9 October 2018 that AI Finland organised together with Afghan community to oppose deportations to Afghanistan. © Tomi Asikainen/AI Finland

quality of assessment of the relevant POLICE AND SECURITY FORCES FINLAND facts, including the risk to which the asylum-seeker would be exposed upon During 2019 at least three persons have Republic of Finland been reported dead after police used return, was not satisfactory. Head of state: Sauli Niinistö force on them. Projectile electroshock Head of government: Sanna Marin (replaced Antti Rinne in devices (Tasers) were used in at least December) Legal changes introduced in 2016, two of these cases. The Supreme Court including restrictions to free legal granted a leave to appeal in a case representation and reduced time where a police officer was found guilty of Changes to asylum procedures further frames for appeals, continued to place excessive use of force when using a Taser restricted asylum-seekers’ rights. The asylum-seekers at risk of human rights on an unarmed man in 2015. European Court of Human Rights found violations such as refoulement. Asylum- Finland to have violated the principle of seekers’ rights were further restricted in non-refoulement (which prohibits states June 2019, when amendments to the from returning individuals to a country Aliens Act made it possible to execute RIGHTS OF LESBIAN, GAY, where there is a real risk of persecution) in deportation orders already while the first BISEXUAL, TRANSGENDER AND the case of an Iraqi asylum-seeker. Support subsequent application was pending. INTERSEX PEOPLE (LGBTI) services for women who experienced Legislation on legal gender recognition Finland continued to forcibly return domestic violence remained inadequate. continued to violate the rights of asylum-seekers whose applications were Legislation on legal gender recognition transgender individuals. They could rejected to Afghanistan. violated transgender people’s rights. obtain legal gender recognition only if they were aged over 18, agreed to The authorities continued to detain sterilization, and were diagnosed with a REFUGEES AND ASYLUM-SEEKERS unaccompanied children, and families mental disorder. with children, based on their immigration In November, the European Court of status. There was no time limit on Human Rights held that Finland violated detaining families with children. VIOLENCE AGAINST WOMEN AND the European Convention on Human Rights in the case of an Iraqi asylum- Family reunification remained difficult GIRLS seeker who was returned to Iraq in for most refugees due to both legislative Three new Sexual Assault Support December 2017 and killed only a few and practical obstacles, including high Centres opened in Tampere, Turku weeks later. According to the court, the income requirements. and Kuopio. However, NGOs and state

HUMAN RIGHTS IN EUROPE 27 REVIEW OF 2019 Amnesty International institutions working to combat violence security through communications and sickness benefits remained below against women and girls remained surveillance, without any requirement for that prescribed by the European Social systematically under-resourced and there a link to a specific criminal offence. Charter. was no nationwide, accessible service network for victims of all forms of sexual violence, to provide long-term support. CONSCIENTIOUS OBJECTORS Legislation on rape remained unaligned INDIGENOUS PEOPLES’ RIGHTS Conscientious objectors to military with international standards as set out Finland still failed to ratify International in the Istanbul Convention as it did not service who refused to undertake Labour Organization (ILO) Convention base the definition of sexual crimes on alternative civilian service continued 169, which would protect the rights of the lack of consent. Existing legislation to face punitive and discriminatory did not sufficiently protect children measures. At 347 days, the duration the indigenous Sámi people. and institutionalized or hospitalized of alternative civilian service is more individuals from sexual violence. than double the shortest military service period of 165 days.

RIGHT TO PRIVACY ECONOMIC, SOCIAL AND CULTURAL In June, new legislation entered into RIGHTS force, enabling military and civilian intelligence agencies to acquire The level of many social security benefits, information on alleged threats to national including unemployment, maternity,

HUMAN RIGHTS IN EUROPE 28 REVIEW OF 2019 Amnesty International Demonstration against police violence oranised by the Adama Committee. Amnesty International France (AIF) took part in the 3rd march organised by the Truth for Adama Committee in Beaumont-sur-Oise on 20 July 2019 to support the calls for justice for the family of Adama Traoré, three years on from her death, and to denounce the increasingly excessive, even arbitrary, use of force by the law enforcement agencies. © Benjamin Girette

used to commit human rights violations that should not be used for policing FRANCE against civilians in the conflict in Yemen. public assemblies. At least 25 protesters lost an eye and five protesters lost a French Republic hand as a result. Steve Maia Caniço, a Head of state: Emmanuel Macron Head of government: Édouard Philippe FREEDOM OF ASSEMBLY 24-year-old man, and Zineb Redouane, an 80-year-old woman, both died during The social movement of the “Yellow law enforcement operations. Vests” (“gilets jaunes”), which started in The authorities disproportionately November 2018, continued to mobilize restricted the right to freedom of In March, the UN High Commissioner peaceful assembly. Thousands of throughout the year with the stated aim of achieving greater social and economic for Human Rights recommended a protesters suffered injuries at the hands “full investigation” into allegations of of police or were arrested and prosecuted justice. excessive use of force by police. At the on flimsy grounds or offences that are end of the year, the authorities had not protected under human rights law and According to official statistics, 1,944 set up any independent mechanisms to standards. law enforcement officers and 2,945 investigate such allegations. In October, protesters were injured during protests of a police unit tasked with investigating Human rights observers, independent “Yellow Vests”. journalists, environmental activists and allegations of excessive use of force activists defending the rights of refugees Law enforcement officials very often by police (Inspection Générale de la and migrants, were subjected to frequent used arbitrary or disproportionate Police Nationale (IGPN)) had opened police intimidation and harassment. force, especially, but not exclusively, 313 criminal investigations since the in the context of demonstrations. They beginning of the movement. At the end of France continued to sell arms to Saudi frequently resorted to using dangerous the year, only one police officer had been Arabia and the United Arab Emirates weapons including imprecise rubber convicted for unlawful use of force during despite the risk that they would be bullets and tear gas grenades (GLI-F4) the protests.

HUMAN RIGHTS IN EUROPE 29 REVIEW OF 2019 Amnesty International In August, the President acknowledged be used against the civilian population of worldwide. However, there was no that the strategy for policing public Yemen. consistent and sustainable strategy to assemblies had to be reviewed to reduce that purpose. While the Foreign Minister the number of injuries. At the end of criticized the harassment that human the year, a working group set up by the ARMS TRADE rights defenders experienced in Turkey Ministry of Interior was drafting a new and Russia, the authorities remained The authorities continued not to comply strategy. silent about human rights defenders in with France’s commitments resulting Saudi Arabia. from the 2014 ratification of the Arms In the first six months of the year, around Trade Treaty, according to which arms 11,000 protesters were placed in pre- should not be sold when there is a charge detention and more than 3,000 substantial risk that they could be REFUGEES AND ASYLUM-SEEKERS people were convicted, mostly through used to commit abuses of international In the first six months of the year, fast-track proceedings. Hundreds of human rights and humanitarian law. In 33,628 migrants and refugees, including protesters were arrested and prosecuted 2018, Saudi Arabia and the United Arab unaccompanied children, were stopped for conduct that is protected by human Emirates were respectively the first and at the French borders and pushed back rights law, including contempt of public fifth largest recipient of war materials to Italy and Spain without the possibility officials, concealing the face or failure to from France, despite their involvement in to seek asylum in France. comply with notification requirements. the Yemen conflict. In the first nine months of the year, 954 In 2018, 690 Iraqi, 320 Iranian, 278 protesters were convicted for “forming According to the Stockholm International Afghan, 247 Sudanese, 165 Eritrean a group with a view to committing Peace Research Institute (SIPRI), France and 133 Syrian nationals, whose asylum violence”, a vaguely defined offence was the third largest exporter of arms applications had been rejected, were which allowed arrests of protesters who worldwide during 2019. However, the detained awaiting deportation to their had not engaged in any violent act. French government failed to provide countries, despite the risk of grave detailed, exhaustive and up-to-date human rights violations that they could In April, a new law aimed at protecting information on the arms transfers suffer upon return. Among them were public order in the context of protests authorized by the Prime Minister. several families with children. In June entered into force. It established a 2019, NGOs reported that 12, seven blanket ban on face coverings during and 10 individuals had been returned protests. HUMAN RIGHTS DEFENDERS to Sudan, Iran and Iraq respectively in Environmental activists and activists 2018. FREEDOM OF EXPRESSION defending the rights of refugees and migrants were often harassed, In September, parliament ratified the Hundreds of journalists reported intimidated or prosecuted. cooperation agreement between the injuries while covering the protests. European Union and Afghanistan, which On 5 December alone, 34 journalists Loan Torondel, a defender of migrants’ facilitated forced returns of Afghan were injured during protests against the rights in Calais, was convicted and given nationals to Afghanistan. By September, pension reform. In most of these cases a suspended fine for defamation for the authorities deported two individuals the injuries resulted from excessive or having reported ill-treatment of migrants whose asylum claims had been rejected arbitrary use of police force. Independent by police. In June, Tom Ciotkowski, a to Afghanistan, where they faced risks of journalists Gaspard Glanz and Taha young British activist in Calais, was grave human rights violations. Bouhafs were arrested and prosecuted acquitted of charges of contempt and for charges including contempt and assault. In May, he filed a complaint with In November, the French government rebellion. In November, the former was the IGPN against the police officer who withdrew its decision to donate six boats convicted to a €300 fine for contempt of pushed him and against other officers to the Libyan Navy and Coast Guard. A public officials. who provided false reports to support his coalition of eight NGOs challenged the arrest and prosecution. At the end of the donation, which had been announced by Intelligence services (Direction Générale year, the investigation was still pending. the French Defence Minister in February, de la sécurité intérieure) summoned at These prosecutions were symptomatic of in court by arguing that the boats would least nine journalists for a hearing in the the criminalization of acts of solidarity be used to intercept refugees and context of a preliminary investigation at the European level and were likely to migrants and pull them back to Libya, into the “Yemen papers”, a series of have a chilling effect on other activists. where they would suffer serious human publications of classified documents rights violations. that proved that the weapons that the In December 2018, France had government had sold to Saudi Arabia and announced that it would prioritize the Individuals providing humanitarian the United Arab Emirates were likely to protection of human rights defenders support to refugees and migrants

HUMAN RIGHTS IN EUROPE 30 REVIEW OF 2019 Amnesty International continued to be prosecuted and would discriminate against Muslims on involved in the preparation of a crime. convicted, in particular on the French- grounds of religion or belief. Italian border near Briançon. In January, In February, the Ministry of Interior Pierre Mumber was convicted and given a Forced evictions changed the conditions of the assigned suspended three-month prison sentence NGOs reported that the authorities residence that had been imposed on for “facilitating irregular entry” after forcibly evicted throughout the year Kamel Daoudi, a man who had been having offered tea and warm clothing to thousands of people, including many migrants near the French-Italian border. subject to control measures since 2008. Roma, migrants and refugees, who lived In November, he was acquitted on He was allowed to move to a town closer in informal settlements or occupied appeal. to his family and to report to a police buildings or other dwellings without station twice instead of three times a day. security of tenure. DISCRIMINATION Sexual and reproductive rights Hate crimes INTERNATIONAL JUSTICE In March, NGOs reported 38 hate crimes On 24 July, the government introduced a On 23 March, the reform of the justice bill in parliament that would give access against Roma in informal settlements system entered into force. In November to in-vitro fertilization treatment to all in the Paris region, following rumours 2018, the government had opposed an women irrespective of sexual orientation on social media about child kidnapping or marital status. If adopted, the law by Roma people. Judicial authorities amendment that would have facilitated would put an end to discrimination convicted some of the perpetrators. On the exercise of universal jurisdiction for experienced by lesbian couples and 28 October, a man attempted to burn a crimes under international law in France. single women in the access to sexual and mosque in Bayonne and fired shots at The parliament eventually voted down the reproductive health and rights. On 15 two men, seriously injuring them. amendment. October the National Assembly adopted the bill which was pending before the Senate at the end of the year. COUNTER-TERROR AND SECURITY BUSINESS AND HUMAN RIGHTS Between 1 November 2018 and 31 October 2019, the Minister of Interior Companies continued to fail to comply Freedom of religion and belief had imposed 134 new control measures, with the 2017 law on the duty of On 29 October, the Senate adopted a which corresponded to an 84% increase vigilance of parent companies and law to ban parents from wearing religious from the previous year. These measures, sub-contracting companies. In 2019, symbols when accompanying children on which include forbidding individuals from most companies published vague and school outings. At the end of the year, leaving a specific town, requiring them to incomplete plans on how they intended the law was pending before the National report to the police daily and prohibiting Assembly. If adopted, this law would them from contacting certain people, are to comply with the law. The government violate the rights to freedom of expression often applied to individuals without any failed to propose measures to strengthen and to freedom of religion or belief and reasonable suspicion that they had been the monitoring system established by law.

HUMAN RIGHTS IN EUROPE 31 REVIEW OF 2019 Amnesty International On 20th September 2019, Amnesty members support the global climate strike and demonstrate together with the activists of Fridays for Future. © Amnesty International / Photo: Jarek Godlewski

police and various intelligence services. Most states introduced the power to GERMANY In June 2018 the Federal Court of impose various administrative measures Justice issued an international arrest on so-called “potential attackers”, even Federal Republic of Germany warrant against Jamil Hassan, the head when there is no reasonable suspicion of Head of state: Frank-Walter Steinmeier their involvement in a crime or that they Head of government: Angela Merkel of the Syrian Air Force Intelligence until July 2019. pose an imminent threat. Based on a very vague definition, individuals can be subjected to far-reaching police measures A majority of federal states introduced In February two members of the Syrian such as communication surveillance or far-reaching new police powers, including General Intelligence suspected of crimes assigned residency if they are perceived extensive surveillance measures. There against humanity and other crimes was an increase in anti-Semitic and to be “future perpetrators of crimes”. under international law were arrested racist hate crimes. Germany relocated Furthermore, several states, including in Germany. In October the Federal one in four of the migrants and refugees North-Rhine Westphalia, Bavaria, Hesse Prosecutor General charged the two rescued in the Mediterranean. The and Lower Saxony, introduced extensive suspects for crimes against humanity. government revised its arms export surveillance measures that can also be principles. imposed on “potential attackers”, such as installing spyware to monitor mobile POLICE AND SECURITY FORCES phones and computers or to tap into ongoing encrypted communication. INTERNATIONAL JUSTICE A majority of federal states amended The Federal Prosecutor General their state police laws, substantially In North-Rhine Westphalia individuals continued to investigate war crimes and expanding the powers of their police can be subjected to administrative crimes against humanity committed by forces based on recent amendments of detention for up to one week in order to be Syrian officials working for the military the Federal Police Act. identified, if they refuse to be identified.

HUMAN RIGHTS IN EUROPE 32 REVIEW OF 2019 Amnesty International Civil society organizations continued to allowed the detention of migrants in shot a woman and proceeded to a local report discriminatory identity checks regular prisons pending their deportation. food outlet where he shot a man. In his by police on members of ethnic and By the end of the year, 360 Afghan detailed confession he admitted to an religious minorities. Authorities at both nationals had been forcibly returned. anti-Semitic and racist motivation. federal and state levels failed to establish independent complaints mechanisms to Germany accepted the relocation of 25% investigate unlawful behaviour by police. of the refugees and migrants rescued ARMS TRADE in search and rescue operations in the In June, the government revised its By November, there were no indictments central Mediterranean on an ad-hoc non-binding “Political Principles for for ill-treatment by the police against basis and advocated for a temporary the Export of War Weapons and Other protesters of the 2017 G20 summit disembarkation mechanism. in Hamburg, despite 168 preliminary Military Equipment” for the first time in 19 years. According to the principles, proceedings initiated against police Germany pledged 10,200 resettlement small arms would no longer be allowed officers. In several cases, charges were places for 2018/19. By the end of 2019, to be exported to countries outside dropped because the relevant police 7,974 refugees had been resettled, the EU, NATO or a group of equivalent officers could not be identified. including 4,987 Syrian refugees under states (Australia, New Zealand, Japan the EU-Turkey deal. and Switzerland). The revision included In October, the Hamburg state parliament introduced a requirement options for the controls on extraterritorial for law enforcement officials to wear DISCRIMINATION – HATE CRIMES arms production and compliance with identification badges. However, in six post-shipment inspections. However, other federal states police officers had no On 11 July 2018 the Higher Regional it promoted joint European arms such obligation. Court of Munich delivered a judgment manufacturing, raising concerns that on the racist murders and other crimes stricter German national export controls committed by the Nationalist Social would continue to be circumvented. RIGHT TO PRIVACY Underground (NSU) group, over the course of a decade. The court sentenced In October, Germany and France reached Many states expanded the power to Beate Zschäpe to life imprisonment an agreement that facilitated the supply use video surveillance in public places. for murder, attempted murder and of German parts and components for joint Baden-Wuerttemberg and Saxony membership of a terrorist organization. arms projects manufactured in France. included the use of facial recognition in Four men were sentenced as accessories The agreement allows for the supply of specific situations, such as to identify to murder. Two other main suspects had parts and components for arms destined behavioural patterns used for committing committed suicide in 2011. for states not eligible for a permit under crimes. German export regulation, as long as the The Federal Ministry of the Interior value of the German-supplied parts and Intelligence law continued to be at odds registered 8,113 hate crimes committed components did not exceed 20% of the with international human rights law in 2018. Anti-Semitic and racist hate total value of the exported goods. and standards. Intelligence agencies, crimes had risen by 19% in in that year. in particular the Federal Intelligence Despite this, authorities at both federal An arms export moratorium on Saudi Service, continued to practise and state levels failed to implement a Arabia was prolonged twice in 2019 surveillance based on overly broad and comprehensive strategy against hate and remained in force at the end of the vague provisions. Germany’s intelligence crimes. year. The moratorium covered only Saudi oversight regime remained inadequate. Arabia, not other countries involved in In June, the acting administrative the Yemen conflict. The export of German

president of Kassel, Walter Lübcke, was parts and components for joint European MIGRANTS’ RIGHTS shot in the head and killed. A suspected arms projects was still permitted. From January, the authorities neo-Nazi confessed to the murder implemented a new mechanism to because of Walter Lübcke’s pronounced In September, a public prosecutor reunite beneficiaries of subsidiary support for Angela Merkel’s policy to launched a criminal investigation against protection with their families, based on a welcome refugees in 2015. Later he CEOs of the German company group monthly quota of 1,000 family members. retracted the confession but remained in FinFisher for the alleged illegal export of pretrial detention. surveillance technology to Turkey without New legislation was adopted in June licence. facilitating immigration detention prior to In October, a gunman tried deportation. It extended the criteria for unsuccessfully to storm the synagogue Following Turkey’s military offensive in detention beyond the risk of absconding, in Halle/Saale during the Yom Kippur Northern Syria in October, the issuing prolonged its potential duration and prayer service, firing at the door. He then of export permits to Turkey for arms that

HUMAN RIGHTS IN EUROPE 33 REVIEW OF 2019 Amnesty International could be used in the conflict was halted. 464 companies that responded, only continued to violate the human rights of Exports under permits that had already 20% implemented due diligence to a those affected. Humiliating processes been issued continued. sufficient level. Concerns were raised, such as psychiatric diagnosis, expert however, that actual numbers might be assessments and the examination of a even lower as the voluntary nature of the stereotypical gender performance in daily CORPORATE ACCOUNTABILITY questionnaire and the lack of a process life were still required. In the coalition for verifying responses could have led to agreement as of March 2018 the federal It remained voluntary for companies unreliable results. In December 2019, government pledged to adopt a legal to undertake due diligence to ensure regulation clarifying that surgeries on respect for human rights throughout two ministries announced that they had their operations and supply chains. started work on a binding law. intersex children are only permitted In July, following a debate on the to avert life-threatening dangers. This need for a binding regulation, the Access to judicial remedies for victims pledge has not been implemented yet. government launched a monitoring of human rights abuses by or involving Invasive and irreversible harmful medical process to examine the level of due German companies abroad remained procedures, including “normalizing” diligence implementation by sending difficult to obtain. surgeries, carried out on children out questionnaires to 3,000 randomly with variations of sex characteristics selected large German companies. Under continued. its National Action Plan on Business RIGHTS OF LESBIAN, GAY, and Human Rights, the government said BISEXUAL, TRANSGENDER AND that it might take legislative measures INTERSEX PEOPLE (LGBTI) if fewer than 50% of companies claimed they were doing a sufficient The process of legal gender and name level of due diligence by 2020. Of the recognition for transgender people

HUMAN RIGHTS IN EUROPE 34 REVIEW OF 2019 Amnesty International A woman carries her child as she crosses a wooden bridge in the refugee camp of Moria, on the island of Lesbos on November 26, 2019. © ARIS MESSINIS/AFP via Getty Images

strip-searches were reported as part of the GREECE BACKGROUND ill-treatment. Serious concerns arose that these repeated incidents were not isolated In July, the conservative New Hellenic Republic and at the pervasive culture of impunity Head of state: Prokopis Pavlopoulos Democracy party won parliamentary for such actions. Head of government: Kyriakos Mitsotakis (replaced Alexis elections. Greece’s general and youth Tsipras in July) unemployment rates (16.6% and 33.1% There were continuing delays in the respectively as of October) remained the criminal and disciplinary investigations highest in the European Union (EU), In June, in a historic victory for women’s into the death of queer activist and despite a drop from the previous year. rights, Greece became the ninth country human rights defender Zak Kostopoulos in Europe to introduce a consent-based in September 2018 following a violent rape law. Refugee “hotspots” (EU-funded attack. The initial criminal investigation EXCESSIVE USE OF FORCE, resulted in six people, including four reception and identification centres TORTURE AND OTHER ILL- police officers, being charged with for new arrivals) on the Aegean islands TREATMENT grievous bodily harm resulting in death, were consistently overcrowded and but no trial had commenced by the end Allegations of excessive use for force, conditions remained dire. New asylum of the year. legislation adopted in October expanded torture and other ill-treatment by law enforcement officials persisted. In the asylum-related detention and rolled back last quarter of 2019, there was a spike safeguards for vulnerable groups. A spike in reports of such incidents against REFUGEES AND ASYLUM-SEEKERS was observed in reports of excessive individuals during arrest and detention, Sea and land arrivals and conditions on use of force and ill-treatment by police. journalists and students protesting the islands Austerity measures adopted over the past against the repeal of a long-standing law decade continued to severely impact banning police from entering university From July onwards, arrivals of asylum- access to health care. campuses. In a number of cases, arbitrary seekers and refugees by sea increased

HUMAN RIGHTS IN EUROPE 35 REVIEW OF 2019 Amnesty International at the highest rate since 2016. Between including the provision of “age- detention, the rollback of safeguards for January and October, the International appropriate shelters” for unaccompanied particularly vulnerable groups and the Organization for Migration recorded 66 children in pre-removal and reception creation of a “safe third countries” list. deaths on the Eastern Mediterranean and identification centres. After the bill was passed, the government route. announced the creation of closed Across police stations and detention facilities with entry/exit controls across From 2018 and throughout 2019, land facilities in Greece, 195 unaccompanied Greece. arrivals at the northern border also rose children were deprived of their liberty significantly and were accompanied through “protective custody,” as by consistent allegations of pushbacks of 31 December 2019. In several Access to health and housing to Turkey at the Evros River. Despite cases, the European Court of Human From August onwards, the government numerous reports, the authorities denied Rights indicated interim measures began clearing squats in Athens. Those the allegations. In December, six people and ordered Greece to release the affected were mainly refugee families reportedly died of hypothermia along this applicant unaccompanied children from who were evicted without proper prior route. detention and transfer them to suitable accommodation. In February, in the case consultation, adequate notice or the By the end of the year, land and sea of H.A. and others v. Greece, the Court provision of adequate alternative arrivals stood at 74,482. found lengthy “protective custody” of accommodation. minors in unsuitable conditions to be The EU-Turkey agreement of 2016 degrading treatment under the European In February and March, the authorities continued to shape the country’s Convention on Human Rights and a announced the gradual discontinuation policy of containing new arrivals in the violation of the applicants’ rights to of the provision of housing and cash “hotspots” and facilities on the Aegean liberty and security. support to recognized refugees living in islands where people remained for long camps and in accommodation provided periods and in abysmal conditions. As by the UN High Commissioner for of December 2019, the islands hosted New migration and asylum policies Refugees’- run ESTIA programme. The failure to provide adequate alternatives more than 40,000 people, 35% of whom From July, the new government began children. Hotspots were consistently for their support or integration exposed implementing a more punitive migration extremely overcrowded, with Lesvos many to uncertainty and in some cases policy, vowing to reduce the number of and Samos almost six and 11 times destitution. people arriving, increase the number of over capacity respectively at the end of returns to Turkey and strengthen border 2019. People in camps continued to Thousands of newly arrived asylum- control measures. As of September, a face insanitary conditions, lack of proper seekers were denied access to free health pledge was made to transfer more people medical care and violence, including care in the public health system following from the islands to the mainland and based on gender. In October, the changes in the social security system in two “transit centres” were established Council of Europe (CoE) Commissioner July. The Ministry of Labour discontinued in Corinth and Karavomylos. However, for Human Rights called on Greece to the procedure allowing asylum seekers the capacity and adequacy of facilities urgently transfer people from the islands to obtain a Social Security Number on mainland Greece remained and improve their conditions. (“AMKA”), a prerequisite for their unsatisfactory. In addition, transfers access to health care, without offering to the mainland did not proceed at viable alternatives. A provision in the a sufficient pace to actually reduce new asylum legislation proposing an Refugee and migrant children overcrowding on the islands. alternative for asylum-seekers through a The situation of refugee and migrant temporary social security number had not children deteriorated sharply. Three In October, a new Asylum Bill (Law been implemented by the end of the year. children died in Moria camp and the 4636/2019) introduced major changes NGO Médecins Sans Frontières reported to asylum procedures, the rights and that many of the children in camps obligations of asylum-seekers as well Criminalization of solidarity experienced mental health issues. as detention, among other things. Hundreds of school-age children living There was no significant consultation The new Asylum Law requires NGOs in the hotspots did not have access to with civil society before its adoption working with refugees to obtain formal education during the new school and NGOs considered it an attempt to certification in order to access reception year. Following the filing of a collective lower protection standards and create and detention centres. There were fears complaint under the European Social unwarranted procedural and substantive that this could unduly interfere with NGO Charter, in May the CoE Committee hurdles for people seeking international work and undermine asylum-seekers’ on Social Rights requested that the protection. Among the main concerns right to receive information. government take immediate measures were the expansion of asylum-related Individuals also continued to face

HUMAN RIGHTS IN EUROPE 36 REVIEW OF 2019 Amnesty International charges in connection with their In April, the Racist Violence Recording were introduced. People interviewed humanitarian work with refugees. The Network (RVRN) presented its 2018 spoke about the multiple barriers they criminal proceedings against rescuers Annual Report, documenting 117 faced accessing health care, including Sarah Mardini and Séan Binder, accused incidents of hate-motivated violence lengthy waiting times and the high costs among other things of facilitating the involving more than 130 victims, of care. The economic crisis severely smuggling of migrants into Greece, including 27 incidents where the targets affected people in Greece, with huge remained pending. There were serious were lesbian, gay, bisexual, transgender increases in unemployment and poverty. concerns that the charges were baseless. or intersex (LGBTI) people. Even though Greece exited from the bail-out agreements in 2018, the impact In December, the Prosecutor in the trial of the crisis has been on-going. As per VIOLENCE AGAINST WOMEN AND of 69 individuals linked to the Golden available data, even today, many of these Dawn party proposed that all those GIRLS levels remain worse than before the crisis charged with participating in a criminal began. In June, the Ministry of Justice proposed organization be acquitted. She sought amendments to the legal definition of the conviction of party supporter, Giorgos rape in the Greek Criminal Code that Roupakias, for the murder of singer CONSCIENTIOUS OBJECTORS were not compatible with international Pavlos Fyssas in 2013, but also proposed human rights standards and impeded that those accused of complicity in Despite some positive legal amendments the killing be acquitted, claiming their even further victims’ access to justice. concerning conscientious objectors, involvement could not be established. At Strong reactions and intense advocacy serious violations of their rights the time of writing, the judges had yet to continued, resulting in arrests, by campaigning groups led to a swift make a decision on whether to accept the prosecutions, fines, trials in military reversal by the Ministry which amended proposal. Lawyers representing the family courts, repeated punishment and the proposed reform so that sex without of Pavlos Fyssas expressed their serious suspended prison sentences. consent was criminalized as rape. In a concerns at the proposal and pointed historic victory for women’s rights, on 5 to extensive evidence presented during In June, the then government reduced June parliament approved the amended the trial that highlighted the organized the length of full alternative service provision and Greece became the ninth character of the offences committed from 15 to 12 months, in line with country in the European Economic Area by groups linked to the party. The trial recommendations by international human to introduce a consent-based rape law. started in 2015 and the court’s verdict rights bodies. The full military service was expected in 2020. is nine months in the land army where the vast majority of conscripts serve. DISCRIMINATION It also reduced the length of the three In November, parliament decided RIGHT TO HEALTH categories of reduced alternative service not to proceed with the revision Austerity measures adopted over the to almost the same length as for the of the constitutional provision on past decade continued to severely reduced military service. discrimination. The revised provision impact access to health care. Amnesty would have expanded the prohibited International’s research noted that the However, in October, the new government grounds of discrimination to include austerity measures have continued to reinstated the previous punitive and gender identity, sexual orientation, age, impact the accessibility and affordability discriminatory length of alternative disability and membership of a national of health care in Greece a decade after service. minority. the crisis began and austerity measures

HUMAN RIGHTS IN EUROPE 37 REVIEW OF 2019 Amnesty International Budapest Pride 2019, Budapest, 6 July 2019. © Amnesty International Hungary

adoption by Parliament in December which. among other changes, allows HUNGARY 2018 of legislation allowing employers to public authorities to challenge decisions increase the amount of overtime they can of ordinary courts in politically sensitive Hungary require of their workers and potentially cases by filing a complaint with the Head of state: János Áder delay overtime payment for up to three Constitutional Court, whose members are Head of government: Viktor Orbán years. Protesters and media dubbed it nominated by the governing majority in “the slave law”. Parliament. The government extended its control In May, the European Association of over the judiciary. Restrictive legislation Proceedings under Article 7(1) of the Judges and the European Commission targeting NGOs remained in place, Treaty of the European Union, triggered expressed concern that checks and by the European Parliament in 2018, exerting a chilling effect on civil society. balances within ordinary courts had which referred Hungary to the European Access to the country remained severely been weakened by further undermining Council for what it regarded as “a restricted for refugees and asylum- their independence. In June, Parliament seekers. indefinitely postponed plans to set clear risk of a serious breach of the EU up a separate administrative court founding values”, remained pending at system. Although the Constitutional the end of the year. LEGAL, CONSTITUTIONAL OR Court had ruled that this proposal was INSTITUTIONAL DEVELOPMENTS in line with Hungary’s Fundamental Law (Hungary’s Constitution), it had FREEDOM OF EXPRESSION AND The government continued to face been heavily criticized, including by ASSOCIATION domestic resistance and international the Venice Commission of the Council scrutiny for its ongoing rollback of human of Europe, over potential risks of The government continued to attack and rights and non-compliance with EU law. political interference. In December, the smear human rights defenders and civil In January, protests continued over the Parliament adopted an “omnibus bill”, society organizations.

HUMAN RIGHTS IN EUROPE 38 REVIEW OF 2019 Amnesty International Restrictive legislations targeting NGOs provide adequate protection to Roma WOMEN’S RIGHTS and activists defending the rights of communities. The CERD also found refugees, migrants and asylum-seekers that systemic discrimination against Following her February visit, the Council of Europe Commissioner on Human remained in place, exerting a chilling Roma persisted across many sectors, Rights concluded that Hungary was effect on civil society. In February, including in health care, education, backsliding on gender equality and the Constitutional Court ruled that housing and employment. Many Roma women’s rights, including by failing to the criminal offence of “facilitating continued to face extreme poverty and prepare a new national strategy on gender illegal immigration”, introduced by live in segregated neighbourhoods lacking equality and by introducing policies the so-called “Stop Soros” legislation, proper infrastructure and services. solely associating women with family is not unconstitutional. In June, the affairs. European Commission referred Hungary In amending the Public Education Law to the Court of Justice of the European in July, the government failed to take the The government launched a family Union (CJEU) on the grounds that opportunity to address the segregation in education of Roma children, which protection action plan in February 2019. the “Stop Soros” legislation violates continued to increase. Infringement While this includes measures to facilitate several EU directives. A different court proceedings launched by the European integrating work and family life, and to case challenging the legislation that Commission in 2016 concerning this issue improve family support, the UN Working stigmatizes NGOs receiving funding from remain pending at the end of the year. Group on the issue of discrimination abroad that the European Commission against women and women’s rights brought to the CJEU in December 2017 groups criticized the plan for appearing remained pending.1 RIGHTS OF LESBIAN, GAY, to favour middle to high-income parents over low-income families. The Hungarian government continued BISEXUAL, TRANSGENDER AND clamping down on academic freedom. INTERSEX PEOPLE (LGBTI) Failures to prevent and combat Legislation in July increased government Politicians, including the Speaker of the violence against women persisted, with influence over the research institutes Parliament, and certain public figures prosecutions of these crimes remaining of the Hungarian Academy of Sciences, increasingly targeted LGBTI people low and victims often experiencing raising concerns about the independence with homophobic and discriminatory stigmatization, insensitive treatment of academic research in the future. A comments. by law enforcement officers and judges challenge by the Academy’s President to leading to victim blaming and biased the Constitutional Court was pending at From July, far-right groups verbally judgments. The government continued the end of the year. and physically attacked people who to ignore civil society pressure to ratify organized and participated in Budapest the Istanbul Convention, describing the Following the establishment in November Pride Month events and other workshops conventionas “political whining”. 2018 of a government-aligned media organized by LGBTI organizations on holding, which controls about 80% of the several occasions. NGOs and the media news media market based on revenue, reported that in some cases police had REFUGEES AND ASYLUM-SEEKERS critical views of the government were failed to provide adequate protection limited as state media outlets greatly against such attacks. Hungary continued to severely restrict prioritized coverage of government- access to the country for refugees and affiliated figures and views over those of asylum-seekers, limiting admission to the opposition. RIGHT TO HOUSING AND FORCED only two “transit zones” on the border with Serbia. Practically all asylum EVICTIONS applications lodged by those arriving DISCRIMINATION – ROMA Steps to criminalize homelessness from a “safe transit country”, such as continued. Despite strong international Serbia, were rejected, following new In May, the Committee on the and domestic criticism, the inadmissibility criteria introduced in Elimination of Racial Discrimination Constitutional Court ruled in June that 2018. (CERD) concluded that the prevalence 2018 changes to the Fundamental Law of racist hate speech against Roma, making it illegal to live in public places Asylum-seekers with pending cases migrants, refugees, asylum-seekers was constitutional. were detained in the two “transit and other minorities, including by zones”, while those whose applications public figures at the highest level, In June, Parliament rejected a proposal had been rejected and were awaiting was alarming. The Committee also requiring municipalities to provide deportation were deprived of food by the expressed concern over the high level adequate alternative accommodation to authorities. By the end of the year, 27 of hate crimes against Roma, with families with children subjected to forced persons with the help of the Hungarian law enforcement officials failing to eviction despite this being an obligation Helsinki Committee had sought interim sufficiently investigate those attacks or under international law. measures from the European Court of

HUMAN RIGHTS IN EUROPE 39 REVIEW OF 2019 Amnesty International Human Rights to start receiving food. In in Ilias and Ahmed v Hungary that Public authorities installed thousands of June, the European Commission opened Hungary fell short in assessing risks CCTV cameras around Budapest. These new infringement proceedings for non- on return for asylum-seekers expelled were integrated with private camera provision of food to individuals awaiting to Serbia. The Court failed, however, systems and linked into a government- deportation after rejection of their asylum to uphold its previous findings that owned database, raising concerns about claim. the applicants’ confinement in the the right to privacy and protection against transit zone without safeguards or a mass surveillance. In December, the A number of organizations expressed formal decision amounted to arbitrary Parliament adopted a law allowing police concern at reports that law enforcement detention.2 forces to use facial recognition software officials used excessive force and to identify people during identity checks. violence against asylum-seekers, refugees and migrants, including children, during COUNTER-TERROR AND SECURITY Ahmed H., a Syrian national unjustly “push backs” to Serbia, often resulting in convicted on misapplied terrorism bodily harm and injuries. In September, the government extended by six months the “crisis situation charges, was conditionally released in January and finally reunited with his The CERD expressed deep alarm at caused by mass immigration”, which reports that the international prohibition has been in force since 2015 and grants family in Cyprus in September. He had on forcibly returning people to a country extraordinary powers to the police and served three and a half years in prison where they risked persecution or other military. Following his visit in July, the after prosecution under Hungary’s serious human rights violations (non- UN Special Rapporteur on the human draconian anti-terrorism laws and was refoulement) was not fully respected in rights of migrants urged the Hungarian subjected to a targeted smear campaign law and practice. government to “immediately stop by the government.3 proclaiming it is confronting a ‘crisis In November, the European Court of situation’” and to protect the rights of Human Rights Grand Chamber confirmed those seeking asylum.

1. Amnesty International, Hungary: EU action shows ‘intimidation campaign’ against those defending asylum-seekers will not be tolerated, 25 July 2019 https://www. amnesty.org/en/latest/news/2019/07/hungary-eu-action-shows-intimidation-campaign-against-those-defending-asylumseekers-will-not-be-tolerated/ 2. Amnesty International, European Court of Human Rights confirms Hungary failed to assess risks on return for asylum-seekers expelled to Serbia, 25 November 2019 (Index: EUR 27/1465/2019) https://www.amnesty.org/en/documents/eur27/1465/2019/en/ 3. Amnesty International, Ahmed H: What happened, 28 September 2019 https://www.amnesty.org/en/latest/news/2019/09/ahmed-h-what-happened/ .

HUMAN RIGHTS IN EUROPE 40 REVIEW OF 2019 Amnesty International asylum-seekers housed there. A report accommodation for low-income IRELAND of a parliamentary committee review households impacts Travellers because published in December found the system they face barriers in securing and Ireland of “shared, institutionalised living fails maintaining tenancies. Head of state: Michael D. Higgins Head of government: Leo Varadkar to fully respect the rights to privacy and human dignity of those placed in these centres”. Also in December, the UN SEX WORKERS Ireland’s new law expanding access to Committee on the Elimination of Racial The criminal offence of “brothel-keeping” abortion services came into operation, Discrimination (CERD) expressed concern continued to be used against sex workers. but restrictions remained, and healthcare at the “inadequate living conditions in In one reported case, two young migrant providers continued to be criminalized direct provision centres and its significant women, one of whom was pregnant, were in certain circumstances. Concerns grew impact on mental health and family life sentenced to nine months’ imprisonment about homelessness and housing rights. of asylum seekers”. It also criticized for “brothel-keeping” when the police The law on political funding impacted civil the “substandard living conditions” of found them working together in an society groups’ freedom of expression. emergency accommodation provided apartment. for new asylum seekers due to capacity pressures, and the lack of necessary SEXUAL AND REPRODUCTIVE services and support provided therein. RIGHTS IMPUNITY The Health (Regulation of Termination The government, in partnership with The government issued an apology to of Pregnancy) Act 2018 came into UNHCR and civil society groups, people who were sexually abused as operation on 1 January, expanding in March commenced rolling out a children in schools before 1992. In lawful access to abortion services. Community Sponsorship Programme July, a former High Court judge acting From that date, abortion services were as a complement to the traditional as Independent Assessor had ruled that provided without cost within mainstream state-centred resettlement programme. the State had misinterpreted the 2014 healthcare. Previously, a pregnancy could The programme, officially launched in decision against it by the European Court be lawfully terminated only where the life November, provided private individuals of Human Rights in O’Keefe v Ireland, by of the pregnant person was at “real and and community-based organizations an only providing redress to survivors where substantial risk”. opportunity to directly support the arrival there had been prior complaints made and integration of refugee families. By against their abusers by others. Significant gaps remained in the law, the end of the year, 25 refugees had however. These included a mandatory been settled under this programme. In April, the fifth interim report of three-day waiting period for access on the Commission of Investigation into request, a high threshold of “serious Mother and Baby Homes run by religious harm” to the pregnant person’s health, orders between 1922 and 1998 found the lack of provision for access in RIGHT TO HOUSING that, for the overwhelming majority of cases of pregnancies with severe rather Increasing numbers of people children who died in seven of these than fatal foetal impairments, and the experienced homelessness, many as institutions, their burial locations are continued criminalization of health a result of the shrinking availability unknown and burial records non-existent. professionals for providing abortion of affordable privately-owned rental It also confirmed 2014 media reports outside lawful grounds. properties. In September, 10,397 people that hundreds of children were buried (including 3,873 children) were officially By the end of the year, just 10 out of informally in underground chambers experiencing homelessness, representing the 19 maternity hospitals or units designed to hold wastewater and sewage an increase of 278% since December offered full termination of pregnancy on the grounds of the Tuam institution, 2014. services, with concerns that healthcare Co Galway. professionals’ conscience-based refusals In July, a government-sponsored to provide abortions prevented the expansion of services in some. review of the Traveller Accommodation Programme found that this community FREEDOM OF EXPRESSION disproportionately experiences Concerns continued about the impact homelessness. It identified persistent on civil society groups of the Electoral REFUGEES AND ASYLUM-SEEKERS under-delivery of Traveller-specific Act.1997, a law which regulates political There were growing calls for an accommodation by some local funding. The Act, as amended in 2001, alternative to the “direct provision” authorities. It also found that the prohibits overseas donations, or domestic accommodation system for the 6,082 increasing reliance on private rented donations over €2,500, to “third

HUMAN RIGHTS IN EUROPE 41 REVIEW OF 2019 Amnesty International party” organizations for vaguely defined “political purposes”.

CORPORATE ACCOUNTABILITY The Control of Economic Activity (Occupied Territories) Bill progressed from the Seanad (upper house of parliament) to the Dáil (lower house), where it passed its second reading vote in January but was then blocked by the government. This landmark bill would prohibit trade in goods and services with illegal Israeli settlements in the Occupied Territories.1

1. Amnesty International, Israel and Occupied Palestinian Territories: Destination: Occupation digital tourism and Israel’s illegal settlements in the Occupied PalestinianTerritories (Index: MDE 15/9490/2019) https://www.amnesty.org/en/documents/mde15/9490/2019/en/

HUMAN RIGHTS IN EUROPE 42 REVIEW OF 2019 Amnesty International View of the Giugliano camp in the outskirts of Naples in February 2017. © Amnesty International/Claudio Menna

refugees, asylum-seekers and migrants in ITALY BACKGROUND the country and at its borders. Italian Republic In August, Deputy Prime Minister and Just over a year after Law Decree Head of state: Sergio Mattarella Head of government: Giuseppe Conte Minister of the Interior Matteo Salvini 113/2018 abolished humanitarian put forward a motion of no confidence protection status, an estimated 24,000 in the Prime Minister, Giuseppe Conte, people were deprived of a legal status, The government continued to pursue an resulting in the fall of the coalition curtailing their access to health care, anti-immigration agenda through laws government after little more than a year. housing, social services, education and and policies aimed at restricting access In September, Giuseppe Conte was work and leaving them vulnerable to to rights and preventing people rescued reappointed as Prime Minister, this time exploitation and abuse. Further effects at sea from disembarking in Italy. There to lead a centre-left coalition government. of the new provisions included: the deterioration of integration opportunities were numerous attempts at obstructing The second Conte government put forward for asylum-seekers, who were excluded and criminalizing NGOs that rescued a new programme which was expected to from the local authorities’ network people at sea. Co-operation with the adopt less populist and anti-immigrant of reception facilities, and prolonged Libyan authorities to contain refugees policies and rhetoric than the first. detention in repatriation centres in and migrants in Libya also continued gravely sub-standard conditions and with despite persisting grave human rights REFUGEES AND ASYLUM-SEEKERS limited opportunities to communicate violations there. Thousands of Roma with lawyers and family members.1 continued to live in segregated camps The first Conte government’s anti- in sub-standard housing conditions and immigrant policies and rhetoric continued In February, the Committee on the exposed to forced evictions. to affect the enjoyment of rights by Rights of the Child expressed concern

HUMAN RIGHTS IN EUROPE 43 REVIEW OF 2019 Amnesty International about the protection afforded to refugee law. The Sea Watch 3 had been refused interceptions at sea, including through and migrant children and, in April, the the right to disembark for over two weeks the continued stationing of an Italian Committee on Enforced Disappearances after rescuing more than 50 people. Navy vessel in Tripoli. highlighted concerns about conditions in migrant detention centres. Following the change of government in In March, EU governments agreed to September, Italy joined efforts by a group downscale the joint naval operation of European countries to agree on a “Sophia”, under Italy’s command, THE “CLOSED PORTS” POLICY “predictable” disembarkation mechanism withdrawing ships from the central to avoid leaving rescue vessels stranded Mediterranean and only continuing Italy continued to pursue a “closed at sea with rescued people on board. the mission with air surveillance, ports” policy aimed at preventing people The mechanism had not been agreed instrumental in informing the Libyan rescued at sea from disembarking in yet by the end of the year, however from authorities of the position of refugee and the country. Between March and April, September onwards disembarkation migrant boats. the Minister of the Interior issued four crises were resolved more rapidly and directives targeting rescue NGOs. The relocation offers from other European In September, evidence emerged that directives instruct maritime border countries increased. a Libyan Coast Guard official, also an control authorities to prevent entry into alleged smuggler, had travelled to Italy Italian waters and disembarkation in In March, the Senate voted against in May 2017 as a member of an official Italy of vessels carrying rescued people lifting the then Minister of the Interior’s Libyan delegation to discuss migration- deemed to constitute a potential threat to parliamentary immunity, blocking related matters. public order and security. criminal proceedings against him for kidnapping in relation to the delayed In November, the Italy-Libya In May, in a joint letter about the disembarkation of an Italian coastguard Memorandum of Understanding setting directives, six UN special procedures ship, the Diciotti, in August 2018. A the terms of the two countries’ co- expressed grave concern stating that similar investigation was opened against operation on migration was automatically they constituted a politically motivated the same former Minister in July for the extended for a further three years from criminalization of civil society, delayed disembarkation of the Gregoretti, February 2020. Following pressure contributed to xenophobic sentiments another coastguard ship. from parliamentarians regarding its and potentially discouraged rescue human rights consequences, the Italian at sea. They urged Italy not to adopt government committed to amend the legislation enshrining the “closed ports” CO-OPERATION WITH LIBYA TO agreement but had not done so by the policy. Government and parliament end of the year. proceeded regardless, and Law Decree CONTROL MIGRATION 53/2019 was issued in June and The number of irregular crossings Co-operation with Libya was the focus transposed into Law 77/2019 in August. continued the downward trend started of several judicial developments during Under the law, a breach of an entry ban in August 2017, mostly due to co- the year, both for and against the carries penalties ranging from €150,000 operation with Libya to deter departures. government. While one first-instance to €1 million for the shipmaster and By the end of the year, 11,471 people court in Lazio ruled that the use of aid ship owner and the confiscation and had reached Italy irregularly by sea. An funds by Italy to provide speedboats impounding of the vessel. estimated 744 people were believed to Libya had not breached Italian to have died or were missing at sea administrative law, a separate court in Throughout the year, rescue NGOs on the central Mediterranean route. Rome ruled that 14 Eritrean asylum- were left stranded at sea for protracted It is estimated that 9,225 people seekers, who had been unlawfully pushed periods of time, subjecting rescued were intercepted at sea by the Libyan back to Libya by the Italian Navy in people on board to unnecessary suffering authorities and returned to Libya, 2009, had a right to reparation and before they were allowed to disembark where most were arbitrarily detained in access to Italy to apply for asylum. in Italy. In several cases the vessels inhumane conditions. were impounded either as part of Two complaints regarding co-operation criminal investigations or purportedly for Despite the intensifying conflict and with Libya were also lodged at the compliance reasons. In June, the captain systemic abuses against refugees and international level. of the Sea Watch 3 was arrested after she migrants in Libya, the Italian authorities decided to disregard the entry ban and continued to support the Libyan In June, the European Court of Human lead her ship into the port of Lampedusa. maritime authorities, including by Rights opened the case of S.S. and In July, the judge leading the preliminary reportedly donating 10 new speedboats others v. Italy, brought by survivors of an investigation released her stating she in November, and by training Libyan interception carried out by the Libyan acted in a state of necessity and to abide crews. Italy also kept assisting the Libyan Coast Guard in 2017; they argued by her obligations under international authorities with the coordination of that Italy’s co-operation with Libya

HUMAN RIGHTS IN EUROPE 44 REVIEW OF 2019 Amnesty International was instrumental to the interception left homeless after being forcibly evicted the prison and expressed seemingly and breached Italy’s human rights by the authorities from their settlement unconditional support for the accused, obligations. in the municipality of Giugliano in undermining attempts by the judiciary Campania, near Naples. They were and the prisons administration to ensure In December, a 20-year old man not offered any alternative housing or accountability for grave violations of from South Sudan filed a complaint emergency accommodation plan. human rights. The investigation was against Italy to the UN Human Rights In July, the European Committee of ongoing at the end of the year. Committee. He was part of a group of 93 Social Rights, in declaring admissible people who had been rescued at sea in a complaint by Amnesty International 2018 by the merchant vessel Nivin only against Italy for violations of the right DEATHS IN CUSTODY to be disembarked in Libya and exposed of Roma to adequate housing, also After 10 years of judicial battles, in to abuse there. The complaint challenges requested that Italy adopt immediate November, two police officers were found the lawfulness of the Italian authorities’ measures to eliminate the risk of serious guilty of involuntary manslaughter for the practice of transferring the co-ordination and irreparable harm to people after an death in custody of Stefano Cucchi in of rescue operations to the Libyan eviction.2 2009. They were sentenced to 12 years’ authorities. imprisonment for the beating which eventually led to his death as a result of TORTURE AND OTHER ILL- the injuries sustained. A third officer was RIGHT TO HOUSING AND FORCED TREATMENT acquitted of manslaughter and he and a fourth officer were sentenced to prison EVICTIONS Allegations of ill-treatment in detention terms for making false statements. The authorities continued to violate continued.

Roma’s right to adequate housing in multiple ways. Thousands of Roma In September, 15 prison officers continued to live in segregated camps, were investigated for multiple crimes, ARMS TRADE in most cases in sub-standard including aggravated torture, for In July, following civil society accommodation. Access to social housing assaulting a detainee in the prison of campaigning to expose violations of for Roma remained disproportionately low. San Gimignano, Siena, in 2018. Four human rights in the Yemen conflict, the of the officers were barred from work by Italian government stopped sales and In May, a community of about 450 the investigating judge. A week after the transfers of aerial bombs and missiles people, including around 150 children, news of the investigation was reported, to Saudi Arabia and the United Arab pregnant women and older people were the then Minister of the Interior visited Emirates.

1. Amnesty International, Italy: refugees and migrants’ rights under attack: Amnesty International submission for the UN Universal Periodic Review, 34th session of the UPR Working Group, November 2019 (Index: EUR 30/0237/2019) https://www.amnesty.org/en/documents/eur30/0237/2019/en/n/ 2. Amnesty International, Italy: Council of Europe Committee takes important steps to protect Roma from forced evictions (News story, 5 July) https://www.amnesty.org/en/ latest/news/2019/07/italy-council-of-europe-committee-takes-important-steps-to-protect-roma-from-forced-evictions/

HUMAN RIGHTS IN EUROPE 45 REVIEW OF 2019 Amnesty International Russian and Latvian border marks are seen beside barbed wire fence on the Latvian-Russian border near Pasiene, eastern Latvia, on April 10, 2019. © WOJTEK RADWANSKI/AFP via Getty Images

LATVIA DISCRIMINATION Refugees and asylum-seekers Statelessness In its fifth monitoring cycle, the Republic of Latvia European Commission against Racism Head of state: Egils Levits In October, the Latvian Parliament and Intolerance (ECRI) found that Head of government: Arturs Krišjānis Kariņš (replaced Māris adopted a law to grant automatic support was insufficient for refugees Kučinskis in January) citizenship to children of “non-citizens” and those under subsidiary protection born on or after 1 January 2020 (unless (that is people not eligible for refugee The government made some the parents opt for another nationality), a status but at risk of serious harm in the progress towards reducing children’s significant step towards realizing the right country of origin), especially in the areas statelessness. Latvia failed to ratify the of each child to a nationality and towards of language training and integration into the labour market. In addition, refugees Istanbul Convention. Discrimination fully including all children in Latvian and people under subsidiary protection occurred against refugees and society. Regrettably, the law did not reported that they were refused access to asylum-seekers, Roma and the LGBTI extend automatic citizenship to the almost community. health care services. 4,900 stateless children under the age of 15. “Non-citizen” children between 15 and 18 could apply for Latvian Roma citizenship. Statelessness in Latvia Progress to increase enrolment rates remained high: an estimated 230,000 BACKGROUND of Roma children was limited despite people – more than 10% of the population The government continued to construct various efforts by the authorities. ECRI a barbed wire fence on the border with – were deprived of the right to vote in reported that the number of Roma Russia, and had completed 93 kilometres national parliamentary elections and could children enrolled in special needs in March in order to - in the government’s not occupy certain positions in local and programmes remained disproportionately words - “combat illegal migration”. national government and civil service. high. The government’s long-term plans

HUMAN RIGHTS IN EUROPE 46 REVIEW OF 2019 Amnesty International to integrate all children with special anti-discrimination legislation recognizing rape remains unrecognized as a needs into mainstream education did sexual orientation and gender identity separate criminal offence. Victims faced not constitute timely steps to improve as grounds, non-recognition of same-sex difficulties in filing complaints and the situation for Roma children wrongly partnerships, to discrimination in the accessing the authorities for protection placed into these programmes. workplace. measures and separation from the perpetrators.

Lesbian, gay, bisexual, transgender and WOMEN’S RIGHTS intersex people Latvia had not ratified the Istanbul DETENTION There was a marked absence of Convention by the end of 2019, despite The conditions of detention in places government research, allocated an earlier ministerial announcement funding or any monitoring mechanism that the government would do so of deprivation of liberty continued to to provide a basis for developing and before the end of 2018. In its latest fall short of international standards, implementing policies to address report, the Committee against Torture including with regard to material intolerance and discrimination faced by (CAT) expressed concern that domestic conditions such as hygiene, sanitation, LGBTI people. Issues raised by ECRI violence is not defined as a specific humidity, ventilation and access to range from insufficient provisions in crime in criminal law, and that marital natural light.

HUMAN RIGHTS IN EUROPE 47 REVIEW OF 2019 Amnesty International RIGHTS OF LESBIAN, GAY, the inadequate handling of cases by the LITHUANIA BISEXUAL, TRANSGENDER AND investigating authorities, such as failure to complete the investigation or to move Republic of Lithuania INTERSEX PEOPLE to criminal prosecution. Head of state: Gitanas Nausėda (replaced Dalia In January, the Constitutional Court ruled Grybauskaitė in July) Head of government: Saulius Skvernelis that Lithuania must grant temporary residence permits for third-country DETENTION nationals in same-sex marriages or Lithuanian authorities’ alleged complicity registered partnerships. In September, Prisoners’ rights were still violated. in the CIA’s secret detention programme the Parliament started to review a Physical ill-treatment, as well as reprisals continued to be under scrutiny. new legislative proposal amending the for prisoners having exercised their lawful Proposed amendments to the Law of Law of Equal Treatment, initiated by right to make complaints, were reported Equal Treatment lacked provisions on the Office of the Equal Opportunities in several prisons. Legal provisions legal recognition of gender identity. Ombudsperson. While the proposal would to accommodate prisoners in need of Lithuania failed to ratify the Convention introduce some positive changes, such protection were absent, which led to on preventing and combating violence as including the definition of associative the provisions on disciplinary isolation/ against women and domestic violence discrimination (discrimination based on segregation amounting to de facto (Istanbul Convention). an individual’s association with another solitary confinement. Other longstanding person belonging to a protected group), it recommendations by the European still lacked provisions on legal recognition Committee for the Prevention of Torture COUNTER-TERRORISM AND of gender identity, which have been were still not implemented. SECURITY stalled for over a decade. In February, the European Court of FREEDOM OF EXPRESSION Human Rights (ECtHR) communicated to WOMEN’S RIGHTS Lithuania a second case in relation to the In January, the Parliamentary Culture alleged complicity of its authorities in the Gender-based violence continued to Committee abandoned an attempt US CIA’s secret detention programme. be widespread. Lithuania still has not to amend the Law on Provision of Mustafa Al-Hawsawi, a Saudi Arabian ratified the Istanbul Convention and, Information to the Public, after national still detained at Guantanamo despite its passing to Parliament for widespread criticism. The amendments Bay, was arrested in Pakistan in 2003 ratification by the former President would have restricted freedom of and subjected to unlawful transfers in 2018, no hearings had been held. speech and the ability to criticize the and secret detention in a number of Harmonization of legislation combatting government, in particular through countries, allegedly including Lithuania. violence against women in accordance the prohibition of the publication of Lithuania had submitted its position on with the Convention, as repeatedly raised information “promoting mistrust and the Al-Hawsawi case to the ECtHR by by the Committee on the Elimination of dissatisfaction with the Lithuanian state the end of November. The case remained Discrimination Against Women (CEDAW) and its institutions”. pending at the end of the year. would be a first step towards addressing

HUMAN RIGHTS IN EUROPE 48 REVIEW OF 2019 Amnesty International People gather for a protest called for by the family of killed journalist Daphne Caruana Galizia and civic movements on December 3, 2019 outside the police headquarters in Valletta. © ANDREAS SOLARO/AFP via Getty Images

gravely inadequate conditions. Abortion assess the inquiry into the journalist’s MALTA remained prohibited in all circumstances. killing, the European Parliament expressed deep concern that the delayed Republic of Malta resignation of the Prime Minister could Head of state: George Vella (replaced Marie-Louise Coleiro undermine the integrity of the inquiry Preca in April) LACK OF ACCOUNTABILITY and for the state of the rule of law in Head of government: Joseph Muscat On 20 November, the arrest of a Malta. In September, following significant prominent Maltese businessman on international pressure including during charges of complicity in the killing of A prominent Maltese businessman was the UN Human Rights Council’s journalist Daphne Caruana Galizia in arrested on charges of complicity in the a car bomb explosion on 16 October examination of the country’s human killing of journalist Daphne Caruana 2017, threw the government into a rights record under the Universal Periodic Galizia and implicated the Prime deep political crisis. The businessman Review process, Malta agreed to carry Minister’s chief of staff, throwing the implicated Prime Minister Joseph out a public inquiry into the killing of 1 government into a deep political crisis. Muscat’s chief of staff in the killing. The the journalist. In June, the Council of Following international criticism, the revelations sparked widespread public Europe Parliamentary Assembly (PACE) government agreed to a public inquiry protests in the island. The Caruana gave Malta three months to agree to into her death. Over 3,300 refugees and Galizia family demanded that the Prime an independent public inquiry into the migrants arrived in Malta by sea. Many Minister stepped down immediately, journalist’s death, in line with obligations were rescued by the Maltese authorities, concerned that key evidence about under the European Convention on which also allowed the disembarkation the killing could be destroyed. Joseph Human Rights. The PACE decision of hundreds of people rescued by Muscat announced he would step down was based on the findings of highly NGOs. However, refugees and migrants in January 2020. In December, following critical reports into systemic failures were routinely unlawfully detained in an urgent fact-finding visit to Malta to of the Maltese criminal justice system

HUMAN RIGHTS IN EUROPE 49 REVIEW OF 2019 Amnesty International and constitutional set-up to ensure asylum-seekers towards France, Germany, the ship which had rescued them to respect for the rule of law and guarantee Ireland, Italy, Luxembourg, Portugal, prevent the captain returning them to accountability. Romania and Slovenia, which had started Libya. They and some 100 others had in 2018, continued. left Libya in a rubber boat and been Three men charged in connection with picked up by the merchant vessel El the execution of the journalist’s killing Hundreds of refugees and migrants Hiblu 1. The three were charged with were awaiting trial at the end of the year. were arbitrarily detained in overcrowded grave offences, some punishable with life and sub-standard conditions, in some imprisonment, including under counter- cases for over three months, in the terrorism legislation. In May, the UN REFUGEES AND ASYLUM-SEEKERS Initial Reception Centre and in the Safi High Commissioner for Human Rights Barracks Detention Centre. There was no Over 3,300 refugees and migrants urged Malta to reconsider the severity of meaningful opportunity for review of their arrived in Malta through the central the charges and expressed concern about detention, which the authorities said was Mediterranean route, up from 1,445 in their initial detention in a high-security justifiable on medical grounds – Malta’s 2018. Nearly half were Sudanese, with section of an adult prison and the failure laws allow for the restriction of movement Eritreans making up the next largest to appoint legal guardians for the two on medical grounds for up to four weeks, group. Nearly a third of people arriving children before their interrogation. In which can in exceptional circumstances were children, nearly half of whom were June, the CRC also expressed concern be extended to 10 weeks. In October, the unaccompanied. that the case of the two children was Court of Magistrates ruled the detention being heard in an adult court rather than of six asylum-seekers on purported Malta rescued hundreds of refugees a juvenile one. A magistrate’s inquiry into medical grounds for over 10 weeks to and migrants in its search and rescue the case was ongoing at the end of the be unlawful and set them free, following region. In addition, Malta accepted year.2 habeas corpus proceedings filed by the disembarkation of hundreds more, their lawyers. Lawyers and international rescued by others, including NGOs, In May, the captain of the Lifeline and national NGOs indicated that the on condition that those rescued in rescue ship, operated by a German circumstances for which Malta did not underlying reason preventing people from NGO, was fined €10,000 for registration regard itself as legally responsible would being released was the failure of the irregularities, after rescuing hundreds be transferred elsewhere in the EU. authorities to provide sufficient reception spaces in open centres. The authorities of refugees and migrants. The Lifeline, which was flying a Dutch In September, Malta, along with were planning to address the problem flag, remained impounded in Malta. France, Germany and Italy, committed by removing asylum-seekers from open The criminal proceedings and their to establishing a “temporary solidarity reception facilities after a certain amount mechanism”. The mechanism aimed to of time to make space for those arrived outcome represented a breach of Malta’s facilitate predictable and “dignified” more recently. However, there were obligation to protect the work of human disembarkation in a place of safety for no plans to provide adequate housing rights defenders. An appeal was pending refugees and migrants rescued at sea and alternatives to those being removed, at the end of the year. a fair system to ensure their relocation nor to expand the overall availability among EU member states. of places in open centres. In June, the Committee on the Rights of the Child SEXUAL AND REPRODUCTIVE Asylum authorities struggled to cope (CRC) expressed concern about the RIGHTS with the number of claims and accepted detention and treatment of child asylum- assistance from the European Asylum seekers and migrants. Women continued to be denied access Support Office. Very few successful to abortion even when the life of the claimants were granted refugee status; In March, three teenage asylum-seekers pregnant woman was at risk. Malta most received subsidiary protection – a 15-year-old from the Ivory Coast rejected recommendations to amend status, which does not allow family and two teenagers aged 16 and 19 from the total ban on abortion expressed by reunification and significantly limits Guinea – were arrested upon arrival in several states during Malta’s Universal integration opportunities. Transfers of Malta on suspicion of having hijacked Periodic Review in November 2018.

1. Amnesty International, Malta: Responsibility to rescue and protect people at sea scarcely addressed in review (Index: EUR 33/0056/2019) https://www.amnesty.org/en/ documents/eur33/0056/2019/en/ 2. Amnesty International, Malta: The El Hiblu 1 case – Three teenagers in the dock for daring to oppose their return to suffering in Libya (Index: EUR 33/1270/2019) https:// www.amnesty.org/en/documents/eur33/1270/2019/en/

HUMAN RIGHTS IN EUROPE 50 REVIEW OF 2019 Amnesty International Protesters gather to stage a protest demanding the resignations of Montenegrian President Milo Đukanović and Prime Minister Duško Marković in Podgorica, Montenegro on February 16, 2019. © Adel Omeragic/Anadolu Agency/Getty Images

convicted of war crimes for killing four RIGHTS OF LESBIAN, GAY, MONTENEGRO ethnic Albanian civilians in Žegra/Zhegër BISEXUAL, TRANSGENDER AND in Kosovo in 1999 and sentenced to 14 INTERSEX PEOPLE (LGBTI) Montenegro years’ imprisonment. Head of state: Milo Đukanović Head of government: Duško Marković Reports of hate crimes increased, but the number of prosecutions remained FREEDOM OF EXPRESSION low. In March, the NGO LGBT Forum Progress towards EU membership was Progress recorded 66 discriminatory impeded by high-level corruption and Montenegro dropped to 104 in the online statements, including threats and concerns about media freedom. Repeated world press freedom index. Investigative hate speech, which were forwarded to the civil society demonstrations, triggered by journalist Jovo Martinović was sentenced police. In July, the parliament rejected a alleged electoral corruption, highlighted to 18 months’ imprisonment in January bill legalizing same-sex life partnerships. chronic poverty and declining human for involvement in drug trafficking, rights, and demanded the resignation of drawing international condemnation. He the President and senior prosecutors. denied the allegations and argued that TORTURE AND OTHER ILL- he was legitimately investigating the criminal group. His appeal was upheld in TREATMENT LACK OF ACCOUNTABILITY October; a retrial opened in December. In February, the European Committee for Impunity for war crimes persisted, with the Prevention of Torture highlighted the only one domestic prosecution. Although In February, nine men were arrested continued impunity of 54 members of four war crimes cases remained under on suspicion of involvement in the May the Special Anti-Terrorist Unit suspected investigation, no proceedings were 2018 shooting of journalist Olivera Lakić of ill-treating 21 people during a 2015 initiated by the Special Prosecutor’s who had been investigating state links demonstration. Despite the Committees’ Office. In June, Vlado Zmajević was with organized crime. past recommendations, the Unit

HUMAN RIGHTS IN EUROPE 51 REVIEW OF 2019 Amnesty International had not worn personal name-tags or housing remains precarious for an 7,975 refugees and migrants had numbers, making it impossible for those estimated 40% of Roma households, registered their intention to claim asylum, responsible to be identified. living in informal settlements, who will be but only 1,921 did so; five were granted unable to afford to legalize their property. asylum and one temporary protection. In December, 28 families in Bijelo Polje Montenegrin police tried to stop people at risk of forced eviction were still waiting crossing into Bosnia-Herzegovina; others RIGHT TO HOUSING AND FORCED for adequate housing. EVICTIONS were regularly pushed back from there.

The last 51 of 219 Kosovo Roma refugee families who had lived at Konik camp REFUGEES AND ASYLUM-SEEKERS since 1999 were resettled into adequate Refugee and migrant arrivals increased; housing in December 2018. However, most were in transit. By 31 December,

HUMAN RIGHTS IN EUROPE 52 REVIEW OF 2019 Amnesty International Hundreds of people gathered around the Dam Square in Amsterdam on 21 April 2019 to demand the Dutch government let the Sea-Watch 3 (a ship that has been rescuing refugees in the Mediterranean Sea) continue to do its work. They also to called for politicians in Amsterdam to reopen the winter shelter and establish a permanent emergency shelter for undocumented refugees and homeless people. © Ana Fernandez/SOPA Images/LightRocket via Getty Images

in breach of the principle of non- protection were denied their rights. THE NETHERLANDS refoulement (that is forced return to a Venezuelans faced deportation without an country or territory where persecution is individual assessment of their protection Kingdom of the Netherlands likely). needs and were held in detention centres Head of state: King Willem-Alexander Head of government: Mark Rutte in appalling conditions. A draft law on amending immigration detention rules was adopted by the Forcible returns to Afghanistan House of Representatives in July and COUNTER-TERROR AND SECURITY continued. Security measures used in the was pending in the Senate at the end of context of the counter-terrorism strategy the year. Due to new amendments the The Minister of Justice placed continued to be a pressing concern. At bill will be offered (again) to the Council restrictions on individual liberties and the request of the police, the government of State in January 2020. After this the initially revoked the Dutch nationality announced the introduction of projectile House of Representatives must decide of 13 individuals, based on perceived electro-shock weapons (Tasers) for day- again about the new proposals. Although national security risks rather than to-day use. the bill offers minor improvements, the established criminal offences. It made detention regime would remain “prison- use of two new counter-terrorism laws like” in terms of facilities, detention that are at odds with international human REFUGEES AND ASYLUM-SEEKERS conditions and the use of disciplinary rights treaties and limit the rights to both Political pressure to increase deportation measures, including isolation cells and an effective remedy and a fair hearing. rates continued to pose a risk to human handcuffs. rights. The Netherlands continued to Nevertheless, some individuals have forcibly return asylum-seekers whose In Curaçao, one of the constituent successfully challenged the decision to claims were rejected to Afghanistan, countries of the Kingdom of the revoke their nationality and thus remain including families with children, Netherlands, Venezuelans seeking Dutch nationals.

HUMAN RIGHTS IN EUROPE 53 REVIEW OF 2019 Amnesty International The Netherlands continued to Serious concerns remain about the direct contact mode (drive-stun mode), automatically place people suspected possibility of information-sharing with including when already handcuffed, and convicted of terrorism-related intelligence agencies in other countries inside a police cell or vehicle, and in a charges in two special high-security and direct access to databases of separation cell in a psychiatric hospital. detention units, without any prior informants. Direct contact mode causes significant individual assessment. Without such pain to the person it is used on, but assessments concluding that a placement without incapacitating them. This is necessary and proportionate, security POLICE AND SECURITY FORCES usage is inconsistent with international measures routinely used in these units, The police requested that electro-shock human rights standards. In November, such as frequent invasive body searches, weapons be authorized for use in day- the Minister of Justice announced that prolonged isolation and constant to-day policing and that the government this usage (drive-stun mode) will be monitoring, may constitute torture or should equip some 17,000 patrol officers restricted. Data on Taser use in the first other cruel, inhuman, or degrading with a Taser X2. half of 2019 show that the drive-stun treatment. mode has been used only once. A one-year pilot project concluded in Changes to the controversial Intelligence 2018 showed that police used these and Security Services Act are pending. weapons in situations where there was FREEDOM OF RELIGION AND BELIEF These changes still provide sweeping no imminent threat to life or risk of surveillance powers to intelligence and serious injury, which is the internationally A ban on face-coverings in certain security services, threatening the rights recognized standard for such use of force public spaces entered into force in to privacy, freedom of expression and by police. In over half of the situations July, restricting the rights to freedom of non-discrimination. Safeguards against where the weapon was discharged, religion and expression, particularly of abuse of these powers are insufficient. individuals were given electric shocks in Muslim women.

HUMAN RIGHTS IN EUROPE 54 REVIEW OF 2019 Amnesty International A participant holds an umbrella in the rainbow flag colours during the “Skopje Pride” march in downtown Skopje, on June 29, 2019, as North Macedonia is holding its first ever pride parade. © ROBERT ATANASOVSKI/AFP via Getty Images

continued to take measures required convicted of “terrorist endangerment of NORTH MACEDONIA by the EC following a political crisis the constitutional order” for colluding in 2015 when the then opposition in the April 2017 attack on opposition Republic of North Macedonia published audio recordings revealing members of parliament. Head of state: Stevo Pendarovski (replaced Gjorge Ivanov in May) extensive unlawful surveillance and Head of government: Zoran Zaev widespread government corruption. Proceedings opened in December against Priorities included guaranteeing the rule Katica Janeva, head of the SPO until of law, the rights to privacy and freedom August, charged with abuse of office and Despite progress in implementing of expression, the independence of the taking bribes. Measures to transfer the reforms identified by the European judiciary and an end to government SPO’s case-load to the public prosecutor Commission (EC), concerns remained corruption. were proposed. about corruption, the right to asylum and discrimination against women, Roma, Media freedom gradually increased The Special Prosecution Office (SPO) and lesbian, gay, bisexual, transgender and fewer journalists were physically continued to hold former government and intersex (LGBTI) people. attacked. ministers, officials and employees to

account. In May, parliament adopted a clarification of the exact meaning of, and In March, the former Director of a preliminary amendment to financial BACKGROUND Security and Counterintelligence was laws which had been deliberately The country was renamed in February sentenced to three years’ imprisonment misinterpreted by the previous following the conclusion in 2018 of a for electoral corruption. In April, 16 government to penalize NGOs which long-standing dispute with Greece. police and internal security officers, received external funding. The government formed in May 2017 including the former police chief, were

HUMAN RIGHTS IN EUROPE 55 REVIEW OF 2019 Amnesty International TORTURE AND OTHER ILL- and employment. Around 440 Roma and detained for 24 hours; four were TREATMENT remained stateless. explicitly told by Frontex that they could not claim asylum. Measures were initiated to address long-standing impunity for police ill- SEXUAL AND REPRODUCTIVE The administrative courts rejected the treatment, including an external oversight RIGHTS overwhelming majority of cases brought mechanism. By March, the Public by Kosovo Roma refugees denied asylum Prosecutor’s Office was investigating 50 In July, the amended Law on Termination in 2017-18. They had challenged the reports against police officers and others of Pregnancy eased access to abortion, revocation of their subsidiary protection removing mandatory waiting periods, relating to prison guards. status, which left them without legal counselling and spousal approval. status and vulnerable to deportation. The International Convention for the Contraception was not available at Protection of All Persons from Enforced primary health-care centres. Disappearance, signed in 2007, has not COUNTER-TERROR AND SECURITY yet been ratified. REFUGEES AND ASYLUM-SEEKERS In September, the Supreme Court denied an appeal by the “Kumanovo As of 31 December, 40,887 refugees group” of 33 ethnic Albanians, 16 from DISCRIMINATION and migrants who entered the country Kosovo, against their 2017 conviction irregularly had officially been registered In May, the new Law on Prevention for terrorism. The charges against them by the Ministry of Interior. Of 490 asylum and Protection against Discrimination related to the killing of eight police applications, 407 were discontinued; included sexual orientation and gender officers and the injuring of 40 others in of 18 applications considered, 17 identity as protected categories, but did May 2015 in Divo naselje, Kumanovo; were rejected; subsidiary protection not recognize same-sex partnerships. The was granted in only one case. Some police killed 10 ethnic Albanians. The commission to receive complaints was 47% of applications were submitted accused claimed that the confrontation not in place by the end of the year. by refugees and migrants unlawfully was set up by the former government

detained as witnesses against smugglers and had demanded an international Both the Prime Minster and Head of in inadequate conditions at Gazi Baba. investigation. the Islamic Community were criticized An Emirati woman fleeing domestic for homophobic remarks. Hate speech violence was released from Gazi Baba In December, the Council of Europe’s against LGBTI people rose before the first after being granted interim measures by Committee of Ministers closed the case Skopje Pride held in June. the European Court of Human Rights. of Khaled el Masri, despite the fact that the Macedonian authorities had failed Inter-ethnic hate speech and hate crimes The Ministry of the Interior continued to conduct a full and effective criminal - including a murder case decided in collective expulsions to Greece, pushing investigation, as required by the European April - remained consistently high. back 10,017 people trying to enter Court of Human Rights’ judgment. In Roma continue to experience institutional North Macedonia. Under an agreement 2003, the German citizen had been discrimination in education, health, with the EC, the European Border and subjected to unlawful detention, enforced housing and employment, as well as Coast Guard Agency (Frontex) was disappearance, torture and other ill- access to bars, cafés and shops. Legal deployed with border police. People treatment, before being transferred to the advocates reported repeated human seeking international protection reported US authorities, who violated his human rights violations in cases including being unlawfully pushed back to Greece rights outside Macedonia. property rights, contact with the police by Frontex after being fingerprinted

HUMAN RIGHTS IN EUROPE 56 REVIEW OF 2019 Amnesty International Pride march in Stavanger, Norway, 2 September, 2017. © Amnesty International

lowest number since 1997. The biggest coast of Libya. After 14 days at sea the NORWAY groups were Syrian, Turkish and Eritrean passengers were permitted to disembark nationals. Afghan nationals continued in Malta. The Norwegian government Kingdom of Norway to face obstacles in accessing asylum refused to take anyone to Norway. Six EU Head of state: King Harald V Head of government: Erna Solberg as well as a risk of forced return to countries took responsibility to receive Afghanistan. The Abbasi family – a them instead. mother and three children who had lived As in previous years, the rights of in Norway for seven years – were taken Although the Immigration Appeal Board refugees and asylum seekers continued from their home by the police on 15 had re-evaluated its decision 29 October to be restricted and Afghan asylum- June in the middle of night and flown 2018 on Joseph Nkusi, a Rwandan seekers still faced forced returns to to Turkey in transit to Afghanistan. The national who had been deported in 2016, Afghanistan. Serious concerns remained mother, who was unconscious throughout and had granted him a stay and working about the prevalence of, and inadequate the flight, was returned to Norway alone permit, he had not been able to return. state response to, rape and other due to her deteriorating health. The He was still in prison in Rwanda, where violence against women, with the legal in March 2018 he had been sentenced three siblings, one of them a minor, were definition of rape still falling short of to 10 years’ imprisonment for articles returned to Norway after the Afghan Norway’s international human rights law that he had posted online criticizing the authorities refused to accept them. obligations. Rwandan regime.

During the two first weeks of August, the Norwegian registered vessel Ocean REFUGEES AND ASYLUM-SEEKERS Viking – operated by Leger Uten Grenser VIOLENCE AGAINST WOMEN AND Government statistics published in (Norwegian Médecins Sans Frontières) GIRLS January 2020 stated that 2305 people and SOS Méditerranée – rescued 356 Gender-based violence, including rape, had claimed asylum -in 2019, the migrants and asylum-seekers off the remained widespread and survivors

HUMAN RIGHTS IN EUROPE 57 REVIEW OF 2019 Amnesty International continue to experience significant cases being successfully prosecuted. Norwegian citizenship as minors. barriers accessing justice.1 These include From 2008-2017 between 75% Revoking such citizenship will still be the Penal Code definition of rape which and 80% of rape cases reported and possible if a court decides the person’s imposes a limited set of qualifying investigated by the police were closed by attachment to Norway is very limited. circumstances and is not consistent the public prosecutor and never reached with a consent-based approach, and ) the stage of prosecution. Norway’s obligations under the Council INTERNATIONAL JUSTICE of Europe’s Convention on preventing The case was still pending of a Rwandan and combating violence against women DISCRIMINATION - STATELESSNESS national accused of complicity in the and domestic violence ( Istanbul The Government proposed to amend 1994 genocide in Rwanda, who had Convention. The law also affects the legislation to end the possibility of been released in March 2018 after four wider understanding in society of what a child’s citizenship being revoked years in custody. The Ministry of Justice constitutes rape. because of violations of the Immigration had concluded he could be extradited Law committed by their parents and to Rwanda but further investigation Lack of capacity and weaknesses in grandparents. This will include persons concluded two prosecution witnesses police investigations also resulted in few above the age of 18 if they gained were not sufficiently credible.

1. Amnesty International, Europe: Time for Change: Justice for rape survivors in the Nordic countries (Index: EUR 01/0089/2019) https://www.amnesty.org/en/documents/ eur01/0089/2019/en/

HUMAN RIGHTS IN EUROPE 58 REVIEW OF 2019 Amnesty International Group photo of 10 of the 14 women against fascism inside the courtroom in Warsaw on 13th February when the judge ordered re-opening of the investigation into the attack against them during an Independence Day March in 2017. © Grzegorz Żukowski

LGBTI people and Jews. In September, The governing Law and Justice party, POLAND the Committee on the Elimination of which has implemented the changes Racial Discrimination (CERD) called on undermining the independence of the Republic of Poland the government to take measures to end judiciary and whose members have been Head of state: Andrzej Duda increasingly using rhetoric targeting Head of government: Mateusz Morawiecki extreme poverty among Roma, and to end forced evictions of Roma and housing minorities, won parliamentary elections demolitions. in October, retaining its majority in the The government continued to implement lower chamber (Sejm) but losing to the legal and policy changes that undermined In January, a man fatally stabbed the opposition in the Senate. the independence of the judiciary. Mayor of Gdańsk, Paweł Adamowicz, Dozens of judges who spoke out against during an annual charity event. The those changes faced disciplinary mayor was known for his support of JUSTICE SYSTEM proceedings. The courts continued to LGBTI rights and openness towards uphold the rights of peaceful protesters, In April, the European Commission refugees and migrants. (EC) started an infringement procedure including those who engaged in civil against Poland over the legislation disobedience. The Human Rights Commissioner, Adam on disciplinary proceedings against Bodnar, was targeted by officials and judges. In October, the EC concluded state media several times during the year. that the government’s response to its concerns that the new disciplinary regime In February, state TV took legal action undermines the independence of judges, against him demanding an apology after BACKGROUND was unsatisfactory. It referred the case to Throughout the year, leading public he stated that they had been engaged in the European Court of Justice (ECJ). figures, including politicians and media possible hate speech against the Mayor officials, frequently made discriminatory of Gdańsk. In May, the court upheld his In June, the ECJ ruled that the Law on statements targeting minorities, including right to criticize the TV channel. the Supreme Court, which attempted to

HUMAN RIGHTS IN EUROPE 59 REVIEW OF 2019 Amnesty International oust one third of the court’s judges, was and on social media. In August, media beliefs” – a charge carrying up to two in breach of EU law. An interim decision revealed links between the campaign that years’ imprisonment – after police from the ECJ from December 2018 had involved personal attacks on judges, and claimed that they had found copies of already ordered the Polish authorities high-ranking officials at the Ministry of posters depicting the Virgin Mary with her to restore the Supreme Court to its Justice. Following these revelations, the halo in the rainbow colours of the LGBTQ composition before the law came into deputy Minister of Justice Łukasz Piebiak flag. The image had been posted around force. resigned in August. the town of Płock the previous month. The case was pending at the end of the Also in June, the Parliament adopted year. an amendment to the Criminal Code. FREEDOM OF ASSEMBLY It introduced among other things the Dozens of peaceful anti-government and penalty of life imprisonment without anti-nationalism protesters continued to RIGHTS OF LESBIAN, GAY, possibility of parole, contravening face criminal or administrative charges. BISEXUAL, TRANSGENDER AND international human rights obligations. In the majority of cases, the courts After widespread concerns voiced by INTERSEX PEOPLE upheld the rights of the protesters to experts in criminal law, the President The newspaper Gazeta Polska was forced freedom of expression and peaceful referred the amendment to the by the Regional Court in Warsaw to end assembly. The courts dropped charges Constitutional Tribunal for review, which its campaign of distributing “LGBT-free against protesters who, among others, was pending at year’s end. zone” stickers after one of the organizers climbed through metal barriers that the of Lublin’s LGBTI pride march won his police used to prevent them accessing On 5 November, the ECJ ruled that the complaint on grounds that the stickers the area around parliament in 2017. law, which lowered the retirement age were an affront to human dignity. Up to In a small number of cases, individuals of judges and set a different retirement 64 local councils across Poland adopted were fined for holding a protest under the age depending on gender, was in breach resolutions declaring their opposition to legislation which gives so-called “cyclical of EU law. In a separate case on 19 “LGBT ideology” in “defence of families assemblies” priority over attempts to hold November, the ECJ ruled that the new counter- or spontaneous demonstrations. [or] the rights of Catholics”. Disciplinary Chamber of the Supreme Court, whose members were elected In February, a Warsaw judge ordered the In July, amid widespread anti-LGBTI by the new judicial council, must meet re-opening of an investigation into the rhetoric from politicians and the media, the requirement of independence and case of 14 women who alleged they had the first LGBTI pride march took place in impartiality. The ECJ clarified that it is been verbally and physically attacked the town of Białystok. According to police up to the Supreme Court to make an when they unfurled a banner saying estimates, around 1,000 participants assessment whether this requirement has “Fascism Stop” during the Independence were attacked by roughly 4,000 counter- been met. On 5 December, the Supreme Day march in Warsaw in November protesters who threw fire crackers, Court ruled that the new National 2017. The women had challenged the cobblestones and eggs, shouted insults Council of the Judiciary was appointed prosecutor’s 2018 decision to drop the and physically assaulted some of the in a manner that does not guarantee its case. In separate proceedings, they marchers. There were concerns over the independence. On 20 December, the appealed against the fines the courts had adequacy of the police protection of the lower chamber of the Parliament adopted given them for “interfering with a lawful participants and the lack of safe access another amendment further undermining assembly”. On 24 October, a district to the beginning of the march. judicial independence. court in Warsaw quashed all charges against them, stating that they had the Two cases were communicated by the right to protest peacefully and express COUNTER-TERROR AND SECURITY European Court of Human Rights to the their views against fascism. On 20 Polish government for response. In these In May, the Supreme Administrative December, the prosecutor for the second cases, judges argued a breach of their Court dismissed a complaint of the time decided to close the investigation right to a fair hearing in the context of Helsinki Foundation for Human Rights into the women’s complaint. Just like in the reform of the judiciary. against the use of classified information her 2018 decision, she argued that there in cases of deportation, including of was no “public interest” to justify public Judges and prosecutors who spoke out asylum-seekers. The court held that prosecution into the case. in defence of an independent judiciary authorities have the right to refuse continued to face politicized disciplinary granting access to information on which proceedings. the decision is based, if state security FREEDOM OF EXPRESSION is at stake. The case raises concerns An intensive smear campaign continued In May, activist Elżbieta Podleśna was over the right to due process in cases throughout the year against judges arrested and detained for several hours of deportations where national security defending the rule of law by state media on suspicion of “offending religious grounds are invoked.

HUMAN RIGHTS IN EUROPE 60 REVIEW OF 2019 Amnesty International The criminal investigation into Poland’s in the domestic investigation into the Belarus continued. In September, the co-operation with the CIA and the serious human rights violations, including CERD expressed concerns over reports hosting of a secret detention site was still torture and unacknowledged detention. that asylum-seekers have been denied pending. The 2015 ECtHR judgments in entry to Poland or denied access to the cases of al-Nashiri and Abu Zubaydah asylum procedures by border guards. were not fully implemented. In June, the REFUGEES AND ASYLUM-SEEKERS Committee of Ministers of the Council of Concerns over push-backs of asylum- Europe noted a lack of tangible progress seekers at the border crossing with

HUMAN RIGHTS IN EUROPE 61 REVIEW OF 2019 Amnesty International Bairro da Torre, an informal settlement located on the outskirts of Lisbon / Loures, Lisbon /December 2019. © Amnistia Internacional Portugal

Although the government took steps REFUGEES AND ASYLUM-SEEKERS PORTUGAL to make housing more affordable, the most vulnerable continued to struggle to According to the government, since Portuguese Republic access adequate housing and residents 2015, Portugal has received 2,144 Head of state: Marcelo Rebelo de Sousa of informal settlements remained at risk people entitled to international Head of government: António Costa of having their houses demolished and protection, mainly from Eritrea, Iraq being forcibly evicted without access to and Syria. Portugal took part in efforts A framework law on housing with stronger adequate processes. to relocate people rescued in the safeguards against evictions was passed Mediterranean to EU Members States, but failed to outlaw forced evictions. receiving 144 asylum-seekers since the New legislation on rape was passed VIOLENCE AGAINST WOMEN AND summer of 2018. introducing some provisions in line GIRLS with the Council of Europe Convention In September, the Committee on the on preventing and combating violence In October, Parliament passed legislation Rights of the Child (CRC) recommended against women and domestic violence to bring the definition of sexual crimes in legislative changes to ensure alternatives (Istanbul Convention). the Criminal Code, including rape, in line to the detention of migrant children and with the Istanbul Convention. However, child asylum-seekers. the new provisions still fell short of RIGHT TO HOUSING AND FORCED international standards, including by continuing to place the onus on the CHILDREN’S RIGHTS EVICTIONS victim to express their lack of consent. A framework law on housing passed Following several contentious court In September, the CRC expressed in September recognized the right to decisions in recent years on domestic concern at the deterioration in the adequate housing and strengthened violence, a new law was introduced in standard of living of children in or at existing safeguards regarding evictions. September making training on human risk of poverty and at the inadequate However, it failed to outlaw forced rights and domestic violence compulsory living conditions of children living in evictions. for judges. informal settlements, including children

HUMAN RIGHTS IN EUROPE 62 REVIEW OF 2019 Amnesty International of Roma and African descent. The CRC two months and five years. The victims recommendations to ensure such recommended that Portugal strengthen were awarded compensation. resources made during the UPR. measures to ensure that at-risk children have access to adequate and affordable The UN Subcommittee on Prevention housing. of Torture and Other Cruel, Inhuman DISCRIMINATION or Degrading Treatment or Punishment The CRC recommended that Portugal There were also concerns that children recommended in May that Portugal strengthen awareness among the public, with disabilities were not receiving the investigate allegations of ill-treatment in civil servants and law enforcement care and support to which they were detention, ensure access to healthcare personnel on diversity and inter-ethnic entitled. for prisoners and provide a prisoner understanding. complaints system, among other issues. Portugal received numerous TORTURE AND OTHER ILL- Portugal failed to create a fully recommendations to combat racism TREATMENT independent body to investigate in various areas during its Universal misconduct by law enforcement officials Periodic Review. In May, eight police officers were and rejected recommendations to convicted of unlawfully imprisonment, institute such an oversight mechanism assaulting and insulting six young men made by the UN Human Rights RIGHTS OF LESBIAN, GAY, of African descent living in the Cova da Committee in the framework of its BISEXUAL, TRANSGENDER AND Mura neighbourhood near Amadora in examination of the country’s human INTERSEX PEOPLE (LGBTI) February 2015. They were also found rights record under the Universal Periodic guilty of giving false testimony. Charges Review (UPR) process in May.1 A 2018 law safeguarding the right to self- of torture and racist motivation were determination in legal gender recognition dismissed by the court. One of the eight The National Ombudsman’s Office, and the protection of everyone’s sexual officers was sentenced to 18 months’ acting as the National Preventive characteristics was complemented imprisonment; the remaining seven were Mechanism, continued to lack resources in August by legislation to secure its given suspended sentences of between to properly fulfil its mandate, despite implementation in the school system.

1. Amnesty International, Portugal: Amnesty International recommendations to Portugal for 33rd UPR 2019 (Index: EUR 38/0223/2019)https://www.amnesty.org/en/ documents/eur38/0223/2019/en/

HUMAN RIGHTS IN EUROPE 63 REVIEW OF 2019 Amnesty International Actors of the Bucharest National Theatre (TNB) protest in front of the theater prior to their evening play demanding an independent justice system on March 3, 2019 in Bucharest. © DANIEL MIHAILESCU/AFP via Getty Images

LEGAL, CONSTITUTIONAL OR grounds as either redundant, as some are ROMANIA INSTITUTIONAL DEVELOPMENTS already covered in the Criminal Code, or subjective and open to potential abuse Romania Two proposals gained overwhelming against critical organizations. Legislation Head of state: Klaus Iohannis approval in a consultative referendum in on the financing, organization and Head of government: Ludovic Orban (replaced Vasilica May. The first was to prohibit amnesties functioning of NGOs adopted in 2018 Viorica Dancila in November) and pardons for corruption offences. The had similarly been criticized as having second would ban the government from a potentially intimidating effect on civil The European Commission warned passing emergency orders concerning the society and conflicting with the rights to Romania to roll back legislative changes judiciary and would extend the right to freedom of association and privacy. that posed a threat to the rule of law. appeal against them to the Constitutional The resumption of discussions around NGOs criticized pending amendments Court. In July, the Constitutional the approval of the draft National to a law regulating the activities of Court rejected two proposals initiated Housing Strategy, led to a draft new Law organizations and foundations. The by parliamentarians to revise the on Housing, being opened for public implementation of prison reforms was Constitution. consultation in October, ending the subject to delays. Roma continued to previous stalemate. In its June report, the experience systemic discrimination In June, the Parliament rejected a European Commission against Racism in many areas of life, including draft law, sponsored by a member of and Intolerance (ECRI) recommended education, housing and employment. parliament, proposing amending the that housing legislation be amended to The investigation into the excessive law regulating the activity of NGOs and improve access to social housing through use of force by the Gendarmerie during foundations by adding grounds under transparent and non-discriminatory 10 August 2018 protests in Bucharest which such entities could be dissolved. criteria, particularly in relation to remained pending. National NGOs criticized the proposed vulnerable groups, including Roma.

HUMAN RIGHTS IN EUROPE 64 REVIEW OF 2019 Amnesty International In May, the European Commission such as education, access to housing and RIGHT TO FREEDOM OF ASSEMBLY (EC) warned Romania that it would employment. Throughout 2018 and 2019, many initiate procedures under the Rule of demonstrations were held across the Law framework unless the government In March, Blocul, a network of country with people protesting against addressed concerns in relation to threats organizations promoting housing justice, the government and denouncing their to the independence of the judiciary; published a study of evictions drawing failure to fight corruption, attacks on the lack of cooperation between state on data obtained from online media judiciary and the deteriorating economic institutions affecting the efficiency and and local, regional and national level situation. independence of the judicial system; authorities, including judicial authorities. and measures negatively impacting the It concluded that since 1989, over An investigation by the Military Tribunal into allegations of excessive use of force fight against corruption. Such procedures 100,000 evictions had been carried out by the Gendarmerie against protesters could lead to the triggering of Article across the country. Many constituted in Bucharest on 10 August 2018 7 of the Treaty of the EU, under which forced evictions, with people often left certain rights can be suspended from a remained pending. The Office of the homeless without alternative housing Prosecutor General initiated criminal member state for persistent breach of the provided, or placed in inadequate proceedings against several chiefs of the EU’s founding values. This followed the alternatives. They affected, among Gendarmerie and a former secretary of 2018 opinions of the Venice Commission others, destitute families, Roma living state for crimes related to these events. that criticized the process of reforming in formal and informal housing, and National and international media, the the judiciary as “excessively fast and families with children or adults with European Commission and foreign states non-transparent” and recommended a expressed dismay at the allegations of disabilities. number of procedural and institutional indiscriminate use of water cannon, tear changes. gas, pepper spray and batons by law In April, in the case Lingurar v. Romania, enforcement officials while dispersing the the European Court of Human Rights demonstration, resulting in hundreds of DETENTION condemned Romania for police ill- protesters and some gendarmes requiring treatment of four Roma and for the first medical treatment. The seven-year plan put in place time, found that “Roma communities are by authorities to address prison often confronted with institutionalised overcrowding and inadequate detention racism and are prone to excessive use of COUNTER-TERROR AND SECURITY conditions, which had been criticized by force by the law-enforcement authorities” In September, the European Court of the European Court of Human Rights in in Romania. Human Rights convened a public hearing its pilot judgment against Romania in before the Grand Chamber in the case of 2017, was under way. The judgement In its June report, ECRI called on the Muhammed and Muhammed v. Romania. imposed an obligation on the state authorities to implement the 2015- The case concerns two Pakistani students to resolve the highlighted structural 2020 Roma Inclusion Strategy and who were deported to Pakistan in 2012 dysfunctionalities or risk sanctions. based on secret intelligence information include more targeted measures NGOs, however, raised concerns over alleging that their activities posed a and impact indicators on education, delays in the implementation of the plan. potential threat to Romania’s national housing and employment. This should security. The men argued that they should include measures such as monitoring have had access to the reasons for their the effectiveness of anti-segregation removal and relevant evidence in order DISCRIMINATION – ROMA legislation in education, legalizing to be able to mount a challenge to their Roma continued to face discrimination informal settlements and providing deportations. A judgment in the case and segregation in many areas of life safeguards against forced evictions. remained pending at the end of the year.

HUMAN RIGHTS IN EUROPE 65 REVIEW OF 2019 Amnesty International Protesters demonstrate against Serbian President outside the state-run TV headquarters, on March 16, 2019 in Belgrade. © OLIVER BUNIC/AFP via Getty Images

In May, the Commissioner for Human predominantly Bosniak passengers taken SERBIA Rights of the Council of Europe urged from a train at Štrpci in BiH in February the authorities to revise draft legislation 1993. Republic of Serbia (including Kosovo) introducing life imprisonment for serious Head of state: Aleksandar Vučić crimes without the possibility of release Head of government: Ana Brnabić In September, a former member of the or review. Special Operations Unit was sentenced to eight years’ imprisonment for the rape of Impunity persisted for crimes under a woman in Brčko (BiH) in June 1992. international law. The authorities actively CRIMES UNDER INTERNATIONAL eroded media freedom. Human rights LAW The retrial continued of 11 former defenders were threatened. Yugoslav Army (VJ) soldiers charged with Impunity persisted, encouraged by killing more than 118 Kosovo Albanians the absence of political will, for the in Čuska/Qushk, Pavljan, Zahac/Zahaq reintegration of senior officials convicted and Ljubenic in May 1999. In April, a at international courts and denial of VJ officer was sentenced to 15 years’ BACKGROUND the Srebrenica genocide. There were imprisonment for the murder of more few new investigations or indictments. Opposition parties boycotted parliament than 31 Kosovo Albanians in Trnje/Terrne in protest of the undermining of Trials proceeded glacially at the Belgrade in March 1999; his commanding officer human rights and the rule of law by an Higher Court, with no prosecutions for was acquitted. increasingly authoritarian government. command responsibility. Thousands of citizens participated in The re-trial continued of former state weekly demonstrations calling for the Proceedings began in cases transferred security officials Jovica Stanisić (in his resignation of the President and Prime from Bosnia and Herzegovina (BiH), absence) and Franko Simatović for war Minister and for freedom of expression, including the case against five Bosnian crimes and crimes against humanity at fair elections and an end to corruption Serb paramilitaries indicted for the International Residual Mechanism for and abuse of power. abducting and subsequently killing 20 Criminal Tribunals in The Hague.

HUMAN RIGHTS IN EUROPE 66 REVIEW OF 2019 Amnesty International NGOs criticized Serbia’s failure to represented by Branko Stefanović, the inadequate: by 31 December only 252 recognize around 200,000 Serbs forced Deputy Prime Minister’s father. He was people claimed asylum out of 12,937 to flee Croatia in 1995 during “Operation released from house arrest in December. who had registered an intention to do Storm” as civilian victims of war. No so; 17 were granted asylum and 18 tangible progress was made during the temporary protection. Most refugees and year in drafting a law on missing persons DISCRIMINATION - ROMA migrants were in transit, but were often or finding the bodies of victims. Roma continued to be denied their violently pushed back from surrounding

social and economic rights, including EU Member States, particularly Croatia. education, health and housing. Many Increasingly violent pushbacks to North FREEDOM OF EXPRESSION Roma girls left school before completing Macedonia by the Serbian police were The government actively eroded media their primary education; and are almost reported in September. freedom by rewarding supportive media fully absent from the education system with advertising and funding and after the age of 18. Four Roma families In November, Serbia signed an agreement harassing critical media through taxation forcibly evicted from a landfill site at with the European Commission, enabling or legal proceedings. The country fell 14 Vinča, Belgrade, in December 2018 were Frontex (the European Border and Coast places in the 2019 Reporters Without still homeless in 2019. Guard Agency) police to be deployed in Borders press freedom index. joint operations with border police and Roma also faced ill-treatment by the granted immunity from prosecution. The President and ministers conducted police. A series of attacks by youths a smear campaign against independent on Roma in Leskovac in May were not journalists. Threats were commonplace. investigated as hate crimes. In April, reporting of the President’s brother’s business interests was followed KOSOVO by social media attacks on Slobodan RIGHTS OF LESBIAN, GAY, Georgiev of the Balkan Investigative BISEXUAL, TRANSGENDER AND Reporting Network (BIRN). In October, INTERSEX PEOPLE (LGBTI) thousands of journalists protested BACKGROUND repeated death threats made against In July a lesbian couple from Novi Sad Kosovo/Kosova remained within Serbia colleagues at the independent news challenged Serbia’s failure to legally under UN Security Council Resolution channel N1TV. recognize same-sex partnerships, while 1244/99, despite recognition of its draft legislation remained stalled. In independence by around 100 UN February, Prime Minister Ana Brnabić’s member states. EU-mediated talks on HUMAN RIGHTS DEFENDERS partner, Milica Djurdjić, gave birth, the normalization of Serbia-Kosovo having reportedly travelled abroad for Human rights defenders were threatened relationships remained stalled. Prime assisted fertilization. by convicted war criminals and their Minister Ramush Haradinaj resigned in supporters. July triggering elections which were won In March the Health Minister prohibited by the Vetëvendosje party. artificial insemination and IVF for In July there were calls for convicted war individuals with a recent “history of criminal Vojislav Šešelj to be investigated homosexual relations”. and suspended from Parliament. CRIMES UNDER INTERNATIONAL He had made sexual threats against The authorities responded inadequately LAW Brankica Janković, Commissioner for to attacks on the LGBTI community, and the Protection of Equality, who had The Special Prosecution Office lacked failed to collect data on hate crimes, with condemned his abusive statements about sufficient staff and resources to address only one prosecution concluded to date. Snežana Čongradin, a Danas journalist 900 unresolved war crimes and 2,000 who had written about the Srebrenica missing persons cases transferred from After the September Pride March, the commemoration. the EU-led police and justice mission police stopped protecting the Pride Info in 2018, and received limited mutual Centre, which was attacked by football Aleksandar Obradović, a despatcher at cooperation from Serbia. fans in October. the Krusik arms factory, was detained in September accused of revealing trade In July, former Kosova Liberation secrets. He had shared data with both Army (KLA) member Remzi Shala was BIRN and ArmsWatch, which confirmed REFUGEES AND ASYLUM-SEEKERS convicted and sentenced to 14 years’ that mortars manufactured by Krusik for Around 30,200 refugees and migrants imprisonment for abducting Haxhi sale to Saudi Arabia and identified in entered Serbia. Reception conditions Përteshi, who was later found dead, in Yemen, had been exported by a company and the asylum process remained June 1998.

HUMAN RIGHTS IN EUROPE 67 REVIEW OF 2019 Amnesty International In April, the Appeals Court confirmed 264 of them female, including 1,100 violence against women and domestic the six-and-a-half-year prison sentence Albanians, over 400 Serbs and 150 violence (Istanbul Convention), which imposed on former prison guard Zoran people of other ethnicities. was also recognized in the Constitution. Vukotić for his role in the unlawful detention, ill-treatment and torture of In September, the remains of seven In September, Prizren Court awarded 3,000 Kosovo Albanian civilians held in Kosovo Serbs exhumed in Gjakova/ €95,000 compensation for their suffering Smrekonica prison in May and June 1999. Djakovica in 2018 were returned to their to the parents of Diana Kastrati, who was relatives. murdered by her former partner in 2011. Proceedings continued against former This followed a 2013 Constitutional Serbian police reservist Darko Tasić Court ruling that the authorities had accused of burning bodies of murdered UNLAWFUL KILLINGS violated Diana’s rights in failing to Kosovo Albanians and throwing them in a In October, two suspects – one a respond to her request for an emergency river following the massacre in Krusha e protection order. Vogel/Mala Krusha in March 1999. Kosovo-Serb police officer suspected of concealing evidence – were arrested in Mitrovica in connection with the murder In November, six men were charged in connection with the alleged rape of a WAR CRIMES OF SEXUAL VIOLENCE of Kosovo-Serb leader Oliver Ivanović in January 2018. Six suspects were 16-year-old schoolgirl in 2017. Among Despite one indictment and 48 ongoing indicted in December. the six were her former teacher and the investigations, no trials of perpetrators police officer assigned to investigate the of sexual violence during the war took case. place. In October, survivor Shyhrete DEATHS IN CUSTODY Tahiri-Sylejmani publicly announced that she had filed testimony in an ongoing The investigation into the death in DISCRIMINATION – ROMA investigation to encourage other women custody in 2016 of Vetëvendosje party Members of the Roma, Ashkali to come forward. Of 1,198 applicants, member Astrit Dehari reopened in (985 women - including 27 women October after a Swiss forensic report and Egyptians (RAE) communities from minority communities - and 62 undermined the authorities’ suicide experienced chronic discrimination men), 756 have so far been awarded the verdict. in education, health, housing and legal status of victims of wartime sexual employment, and many lacked personal violence, affording them recognition documentation. and a small pension. Some of the 211 FREEDOM OF EXPRESSION In March, the UN Special Rapporteur on rejected applicants have appealed the Media freedom and pluralism improved, human rights and toxics urged the UN decision in the courts. The law does not with fewer physical attacks on journalists. to immediately award compensation to provide survivors with access to medical However, in July N1TV’s Kosovo members of RAE communities exposed and psychological rehabilitation. correspondent Zana Cimili received to lead poisoning while displaced in ethnically motivated death threats; UN-run camps from 1999 to 2013, a a suspect was arrested in Serbia. recommendation made in 2016 by the INTERNATIONAL JUSTICE In September and October, Serbian Human Rights Advisory Panel. No indictments were made public by the journalists were detained upon entering Kosovo Specialist Prosecutor’s Office in Kosovo. The Hague, established to investigate alleged war crimes and crimes against RIGHTS OF LESBIAN, GAY, humanity by the KLA, but around 100 VIOLENCE AGAINST WOMEN AND BISEXUAL, TRANSGENDER AND former KLA members were summoned for GIRLS INTERSEX PEOPLE (LGBTI) questioning. Following repeated inadequate responses In August, an Appeals Court ruling from the authorities, domestic violence enabled transgender people to register was redefined in the 2019 Criminal Code changes of name and gender. In October, ENFORCED DISAPPEARANCES as a separate criminal offence, and in Pristina Pride urged the government and More than 20 years after the end of the accordance with the Council of Europe courts to respect and implement laws on war, 1,646 individuals remained missing, Convention on preventing and combating sexual minorities.

HUMAN RIGHTS IN EUROPE 68 REVIEW OF 2019 Amnesty International Protest against repressive legislation restricting access to safe abortion care in Bratislava, Slovakia. © Dorota Holubova

before his death, Ján Kuciak had filed In June, the Public Defender of Human SLOVAKIA a criminal complaint against the same Rights criticized the failure of the police man, alleging he had made direct threats inspectorate to investigate allegations Slovak Republic against him. that police had used excessive force Head of state: Zuzana Čaputová (replaced Andrej Kiska in during an operation in the Roma June) Head of government: Peter Pellegrini settlement of Moldava nad Bodvou in DISCRIMINATION – ROMA June 2013, resulting in injuries to over 30 individuals including children. In the In August, the Constitutional Court absence of a domestic remedy, eight BACKGROUND awarded compensation to a group of of the Roma brought a case before the Roma, represented by the Centre for Civil European Court of Human Rights which In March, voters elected Slovakia’s first and Human Rights NGO, for the delays was ongoing at the end of the year. The female president on an anti-corruption they had experienced in a 13-year search Public Defender also raised concerns platform. for justice against discrimination. They about police investigations into six of the had first turned to the courts in 2006 victims for allegedly falsely accusing the In March, a businessman was charged after staff at a village pub in eastern police of wrongdoing. with ordering the murder of investigative Slovakia refused to serve them because journalist Ján Kuciak and his fiancée of their ethnic origin. in 2018. In April, a former soldier was charged with carrying out the killings. RIGHT TO EDUCATION The journalist had been investigating POLICE AND SECURITY FORCES In January, the Government updated various allegations of irregularities in action plans for the 2020 Roma public procurement, some of which Allegations of excessive use of force Inclusion Strategy, one of the objectives involved the businessman charged with by the police against Roma persisted, of which is to address the racial school ordering his murder. Several months alongside a lack of independent scrutiny. segregation of Roma. Despite these

HUMAN RIGHTS IN EUROPE 69 REVIEW OF 2019 Amnesty International commitments, concerns over racial failure of the government to take organizations, the MPs rejected another discrimination against Roma children responsibility for forced sterilizations of draft legislation that would have forced in education persisted. A report Roma women, and ensure the survivors women seeking an abortion to view an commissioned by the Ministry of Finance have access to remedy. A 2018 proposal ultrasound scan of the embryo or foetus. identified systemic shortcomings and by the Public Defender of Human Rights The Commissioner for Human Rights continuing discrimination of Roma to adopt special legislation providing a of the Council of Europe called on the in access to education (as well as framework for adequate compensation parliament to reject the law, which would employment and healthcare). It raised to the victims of these violations had jeopardize human rights. concerns that Roma children were not been actioned by the end of the often educated in separate classes in year. In November, the CESCR called mainstream schools, and that over half on Slovakia to ensure full, independent REFUGEES AND ASYLUM-SEEKERS of the pupils in “special schools” for and transparent investigation of cases of children with mental disabilities were forced sterilization of Roma women, and In August, the UN Committee on the Roma and/or recipients of welfare. to provide remedies to all victims thereof. Rights of the Child (CRC) intervened against a separation of an Afghan Similar concerns were expressed during asylum-seeking family and prevented the the year by other bodies, including the WOMEN’S RIGHTS authorities from transferring the mother European Commission, which escalated and four children to the Netherlands, In March, the parliament refused to the infringement proceedings against under the Dublin III Regulation. An NGO, ratify the Council of Europe Convention Slovakia for breaching the EU’s equality Human Rights League, campaigned on on preventing and combating violence legislation in October. The Commission the case. against women and domestic violence gave the government two months to take (Istanbul Convention). NGOs working measures to address the systematic with survivors of domestic violence raised discrimination and segregation of Roma TORTURE AND OTHER ILL- concerns at the authorities’ continued children in education; otherwise, it could TREATMENT failure to adequately address domestic decide to refer the matter to the Court violence and provide sufficient funding In July, a year after the Slovak of Justice of the EU. In November, the for support services. authorities extradited Aslan Yandiev Committee on Economic, Social and to the Russian Federation, he was Cultural Rights (CESCR) called on the Attempts in Parliament to further restrict sentenced to 19 years‘ imprisonment. government to take immediate steps to access to and to criminalize abortion Two of the three witnesses withdrew their increase the integration of Roma children continued. In September and October, statements on grounds that they had who are currently in special schools and the Parliament rejected four such been extracted under torture. Amnesty classes into mainstream education. proposals, including one from the far- International had been among those

right People’s Party, Our Slovakia, which denouncing his extradition, as there would have shortened the permitted was evidence that he would face real FORCED STERILIZATIONS limit until which an abortion could be risks of torture and other ill-treatment In June, the Centre for Civil and Human performed from 12 to eight weeks. In if returned, in violation of Slovakia’s Rights raised concerns over the ongoing December, amidst protests of rights obligations under international law.

HUMAN RIGHTS IN EUROPE 70 REVIEW OF 2019 Amnesty International Roma child in Ribnica settlement in Slovenia. © Jaka Gasar

place without appropriate procedural documents be made public. The SLOVENIA safeguards against refoulement (that government contested the request for is forced return to a country or territory disclosure in the courts. Republic of Slovenia where persecution is likely) and despite Head of state: Borut Pahor Head of government: Marjan Šarec credible reports of widespread violence and abuse by the Croatian police and the VIOLENCE AGAINST WOMEN AND risk of their likely further expulsion to GIRLS Slovenia failed to respect, protect and Bosnia and Herzegovina.1 promote the rights of refugees and The definition of rape in the Criminal Code remained based on the use of force, migrants. The legal definition of rape in Human rights organizations documented threat of force or coercion, rather than the Criminal Code fell short of international numerous cases of the Slovenian lack of consent, contrary to international human rights law and standards. The authorities ignoring asylum-seekers’ human rights law and standards. The social care system for the elderly remained intention to apply for international Ministry of Justice committed to address grossly inadequate. Roma continued to protection and failing to provide face widespread discrimination and social this as part of wider changes to the information or adequate translation exclusion in all walks of life. Criminal Code and established a working assistance to those arriving at the border. group to propose reforms. There was no The authorities failed to properly and formal proposal by the end of the year. effectively investigate these allegations.

REFUGEES AND ASYLUM-SEEKERS The government also continued to deny Many potential asylum-seekers irregularly public access to official information ECONOMIC, SOCIAL AND CULTURAL entering Slovenia were denied access relating to police procedures and the to asylum, fined and forcibly returned – general situation at the Slovenian- RIGHTS frequently in groups – to neighbouring Croatian border, despite the Information In September, the Court of Audit issued Croatia. Such collective expulsions took Commissioner’s instruction that these a report on the social care system which

HUMAN RIGHTS IN EUROPE 71 REVIEW OF 2019 Amnesty International criticized the government’s complacency care for the elderly, but no progress was home constituted a violation of the over the past decade and concluded that made before the end of the year. right to housing. The draft legislation, if the system was in a critical condition. adopted, would provide more substantial According to the report, the authorities safeguards against forced evictions, failed to provide adequate access to DISCRIMINATION – ROMA in particular in unregulated Roma long-term affordable residential care for settlements. Roma continued to face widespread the majority of people who needed it. discrimination, high levels of Roma pupils’ educational achievement Elderly people from lower socio-economic unemployment and social exclusion. rates remained poor with unofficially backgrounds were disproportionally Many still lived in segregated settlements collected data showing that over 60% affected. Nursing home representatives in inadequate housing, lacking security failed to complete primary education. reported that approximately 53,000 of tenure and access to water, electricity, A more comprehensive assessment applications were filed for estimated sanitation and public transport. of Roma students’ performance and 20,000 beds, reflecting growing concern completion rates in primary schools about inadequate capacity for the aging The Ministry for the Environment was not available, however, as the population in publicly funded facilities. prepared draft amendments to the government continued the practice of not Building Act, implementing an October systematically collecting data on Roma In September, the Ministry of Health 2017 Constitutional Court ruling that children. Roma children continued to be announced the preparation of long- demolishing an illegally constructed disproportionally represented in special delayed draft legislation on long-term building which was a person’s only needs schools.

1. Amnesty International, Pushed to the edge: violence and abuse against refugees and migrants along Balkan route (Index: EUR 05/9964/2019) https://www.amnesty.org/ en/documents/eur05/9964/2019/en/

HUMAN RIGHTS IN EUROPE 72 REVIEW OF 2019 Amnesty International International Women’s Day demonstration in Madrid, March 8, 2019. The banner reads: “Transform the world”. © Adolfo Lujan

offences and reduced their sentences. pro-independence organizations, Jordi SPAIN Amid ongoing economic challenges, Sánchez and Jordi Cuixart, guilty of obstacles to access to housing and sedition. They were sentenced to prison Kingdom of Spain health care persisted. Despite recent terms of between nine and 13 years. Head of state: King Felipe VI de Borbón reforms, migrants in an irregular situation Three other former members of the Head of government: Pedro Sánchez continued to face obstacles in accessing Catalan government were convicted of health care. Hundreds of people “disobedience”, fined and disqualified Jordi Sánchez and Jordi Cuixart, continued to face forced eviction without from public office. presidents of two pro-independence access to alternative housing. organizations in Catalonia, were While there was no evidence that the among those sentenced for their role right to a fair trial of the 12 Catalan in the protests held in Barcelona on TRIAL OF CATALAN LEADERS leaders had been violated, there are 20 September 2017 and for their Between February and June, 12 Catalan concerns that the crime of sedition, of involvement in the 1 October 2017 leaders stood trial in connection with which nine of them were convicted, is referendum on Catalan independence. events in September and October both vaguely defined in law and was The outcome of investigations into 2017 surrounding a referendum on broadly interpreted by the court in a excessive use of force by police during independence conducted by the Catalan way that disproportionately restricts the the 2017 demonstrations remained regional government in defiance of exercise of human rights. pending. The Supreme Court upheld several Constitutional Court rulings. the convictions of eight people for their In October, the Supreme Court found In addition, the convictions for the crime involvement in a 2016 attack on two seven senior Catalan officials (six former of sedition of Jordi Sánchez and Jordi off-duty police officers and their partners members of the Catalan government Cuixart, who had been held on remand in Alsasua (Navarra), but rejected and the former president of the Catalan since 16 October 2017, constituted an the aggravating factors for terrorist parliament) and the presidents of two excessive and disproportionate restriction

HUMAN RIGHTS IN EUROPE 73 REVIEW OF 2019 Amnesty International of their right to freedom of expression under international human rights had alleged that he had been tortured and peaceful assembly. Amnesty law was reached. They were charged while held incommunicado. However, International therefore called for their under counter-terrorism legislation that no investigation into his allegation was convictions to be quashed and for their outlaws the “glorification of terrorism” initiated until 2008, after he filed a immediate release. and “humiliation of victims”. One was complaint before an investigative judge. acquitted, and two were convicted over The case was subsequently closed for comments posted on social media, lack of evidence. The Committee urged EXCESSIVE USE OF FORCE which were regarded as a glorification Spain to end incommunicado detention of the armed organization Euskadi Ta as it can facilitate torture and other ill- Following the Supreme Court ruling in Askatasuna (ETA). treatment. October, several protests took place in

Catalonia. Although most demonstrations At least two prosecutions were initiated were largely peaceful, there were several for offences related to “publicly violent incidents during which hundreds REFUGEES AND MIGRANTS disparaging dogmas, beliefs, rites or of people were injured. This included public ceremonies”, causing offence to Between January and December, 318 members of the security forces, members of religious groups or “slander 118,264 people claimed asylum, one of whom was injured seriously. or defamation” against the Crown. In 53,723 of them women. There was In a number of instances, the police October, after a five-year trial, three continuing concern about the increasing used excessive force against protesters. women’s rights activists prosecuted for backlog of pending asylum decisions; At least 367 people needed medical causing offence to religious feelings after between January and December, the assistance, four of whom reportedly participating in a feminist demonstration number of people awaiting decisions on lost sight in one eye after being hit by their applications rose from 85,185 to rubber bullets and balls fired by police to in Seville in May 2014 were acquitted. During the demonstration, they had 133,015. Delays in receiving decisions disperse protesters. had a negative impact on asylum-seekers’ carried a model of a vagina, used religious ornaments and used the format right to adequate reception conditions. None of the investigations into reports of excessive use of force by police during of prayer to express their opinions. Spain failed to fulfil its 2015 pledge to the protests in October 2017 in Catalonia relocate 15,888 asylum-seekers from had resulted in prosecutions by the end Greece and Italy under the European of the year. TORTURE AND OTHER ILL- Union emergency relocation scheme,

TREATMENT as only 1,359 were relocated by April Legislation to provide adequate 2018 when the scheme ended. Since FREEDOM OF EXPRESSION AND reparations to victims of torture and other 2016, Spain had resettled only 2,040 ASSEMBLY ill-treatment faced continuing obstacles. of the 3,464 refugees it promised to The authorities continued to use the In April, the Basque parliament passed a resettle under a separate procedure from Law on Public Security to impose second law on recognition and reparation countries outside the European Union. administrative sanctions, including for victims of political violence. However, increasingly heavy fines, on protesters, in September, the Constitutional Court Hundreds of people were expelled to human rights defenders and journalists. In declared admissible two appeals against Morocco under the 1992 Readmission some cases, this unlawfully restricted their this law lodged by the political parties Agreement, under accelerated rights to freedom of expression, peaceful Ciudadanos and the Partido Popular. A proceedings which in certain assembly and access to information. similar law passed in Navarra in March circumstances may have failed to ensure also remained subject to a constitutional access to asylum. A Grand Chamber In April, journalist Mikel Saénz de challenge since September. A previous ruling of the European Court of Human Buruaga, who had been fined €602 in similar law of 2015 was declared Rights remained pending on Spain’s July 2017 for crossing police lines and unconstitutional. appeal against a 2017 first ruling of the endangering officers’ safety in Vitoria same Court that the immediate return (Basque Country), was acquitted. The In May, the UN Human Rights Committee to Morocco of migrants attempting to court found that the authorities failed found that Spain had violated the human enter Spanish territory in Melilla in 2014 to sufficiently demonstrate that his aim rights of Gorka-Joseba Lupiañez Mintegi, amounted to a collective expulsion (case was to disobey police orders rather than a member of the armed organization N.D. & N.T v Spain). pursue his journalistic activities. ETA, by failing to carry out a thorough At least three people were tried for investigation into his allegations of Investigations into racially motivated expressing opinions that the authorities torture. Gorka-Joseba Lupiañez Mintegi attacks on unaccompanied children in considered constituted “incitement to was arrested in December 2007 and, Catalonia between February and March terrorism”, despite failing to demonstrate at his first hearing before the National were continuing at the end of the year. that the threshold of prohibited speech High Court on 11 December 2007, In November, bomb-disposal experts

HUMAN RIGHTS IN EUROPE 74 REVIEW OF 2019 Amnesty International detonated a hand grenade that had failed complaints of sexual violence were filed prevented access to health care to a to explode after it was left in the patio with the police between January and Cuban woman who had legally been of a youth shelter for unaccompanied September 2019. Victims of sexual reunited with her daughter in Spain on children in Madrid by unknown violence faced obstacles when seeking the grounds that a temporary residence assailants. This was later found to be a justice and a lack of adequate protection, permit for a family member of European grenade used for training purposes. assistance and support measures. Union citizens does not imply the automatic existence of this right. The decision contravened UN and Council COUNTER-TERRORISM AND RIGHT TO HOUSING of Europe recommendations to Spain SECURITY to ensure equal access to health care Between January and September, there without discrimination. In October, the Supreme Court upheld were 40,492 evictions of people who the conviction of eight people for their were unable to pay their mortgages Migrants in an irregular situation involvement in an attack on two off-duty (10,673), rent (26,962) or for other Civil Guard officials and their partners in continued to face obstacles in accessing reasons (2,857). In March, the Alsasua (Navarra) in 2016. However, the health care such as administrative government adopted Royal Decree Supreme Court rejected the imposition barriers due to the ambiguity of the July of heavier penalties for aggravating Law 7/2019 improving protection for 2018 Royal Decree Law 7/2018 on circumstances by the National High tenants, but this contained insufficient universal access to the National Health Court (Audiencia Nacional) on the measures to strengthen protection from System. grounds that the attack was motivated by forced evictions or ensure access to ideological discrimination and reduced affordable housing. In October 2019, their sentences. The Supreme Court the UN Committee on Economic, Social IMPUNITY found that, in terms of discrimination and Cultural Rights (CESCR) found that In October, the remains of former ruler constituting an aggravating circumstance, Spain violated a family’s right to housing Francisco Franco were exhumed from the Civil Guard could not be regarded as by failing to take into account their the Valle de los Caídos cemetery and a vulnerable group facing discrimination. vulnerability in an eviction and without taken to a private family vault in Madrid,

a court considering the proportionality as recommended by UN human rights of the measure. More than a hundred bodies. VIOLENCE AGAINST WOMEN cases regarding housing rights remained 55 women and three children were killed pending before the CESCR. Victims of human rights violations by their partners or former partners. committed under his regime continued to be denied their right to truth, justice In June, the Supreme Court convicted RIGHT TO HEALTH and reparation. No investigations were five men of rape in the so-called “Wolf initiated into crimes under international Austerity measures adopted in 2012 Pack” case. The ruling overturned law committed during the Civil War affecting access to health care were previous judgments by the Navarra (1936-1939) and the Franco regime, not reversed during 2019. Many of courts, which had found the men not such as enforced disappearances and guilty of rape, due to a lack of evidence these changes continued to have a torture. Efforts to locate and identify of violence or intimidation of the victim disproportionate impact on people on the remains of victims were still mainly (and had instead convicted them for the lower incomes, especially those with undertaken by families and organizations, lesser offence of sexual abuse). chronic health conditions or disabilities, without state support. older people and those seeking mental Widespread protests in 2018 in reaction health care. The UN Committee on the Individuals affected by the so-called to the Navarra courts’ judgments had led Rights of Persons with Disabilities asked “stolen babies” cases continued to face the government to announce that laws Spain to ensure the accessibility and obstacles and difficulties in finding out would be amended in 2020 to make availability of healthcare services for all the truth about their identity and the clear that sex without consent is rape. persons with disabilities. whereabouts of their relatives. According to official data, 11,587 In June, a Supreme Court ruling

HUMAN RIGHTS IN EUROPE 75 REVIEW OF 2019 Amnesty International Members of Amnesty International Sweden take part in demonstration against sexual violence in Stockholm on 8th March 2019. © AI Sweden

in April that survivors continued to face to face discriminatory treatment with SWEDEN barriers in accessing justice and few many sleeping in tents or temporary investigations led to prosecutions and settlements on the outskirts of cities. Kingdom of Sweden convictions. Many of the flaws stemmed Forced evictions occurred. Many Head of state: King Carl XVI Gustaf from the police’s inadequate handling Head of government: Stefan Löfven “vulnerable EU citizens” had taken of rape cases, including inconsistent recourse to begging on the streets, which implementation of investigative best eleven municipalities made a criminal Rape and other forms of sexual violence practice, significant delays both in offence, following an Administrative against women and girls remained interrogation of suspects and in obtaining High Court decision in December 2018 1 widespread. Roma people continued results of forensic analysis. enabling municipalities to pass local to face discrimination. Torture was not begging bans. Anti-begging rhetoric criminalized in Swedish criminal law. In June, the Police Authority announced from leading politicians and opinion- an initiative to intensify efforts to makers across the political spectrum improve the quality and efficiency of fed deep, discriminatory attitudes and WOMEN’S RIGHTS rape investigations, which included the increased the risk of human rights recruitment of 350 new investigators. Sexual violence, particularly against violations against Roma EU citizens women and girls, remained pervasive already living in destitution in Sweden. and 6,256 rapes against people aged In Stockholm, harassment and removal 15 or above were reported in 2019, DISCRIMINATION by the police of Roma EU citizens who according to official preliminary crime So-called “vulnerable EU citizens” beg continued. Local support groups statistics.. Parliament had passed a – primarily citizens of Romania and reported an increasing number of hate law in 2018 which changed the legal Bulgaria, the majority of whom are crimes targeting Roma EU citizens in definition of rape to a consent-based one. Roma, who live in destitution and municipalities where bans had been However, Amnesty International noted homelessness in Sweden – continued introduced.

HUMAN RIGHTS IN EUROPE 76 REVIEW OF 2019 Amnesty International CORPORATE ACCOUNTABILITY REFUGEES AND ASYLUM-SEEKERS INDIGENOUS PEOPLES’ RIGHTS Saab, which has supplied military Sweden continued to forcibly return In August, the government declared that equipment to the Saudi Arabia/United asylum-seekers to Afghanistan despite it would work towards establishing a Arab Emirates-led Coalition that is a the worsening security situation in Sami Truth Commission together with the party to the ongoing conflict in Yemen, the country. This was in line with the Sami Parliament. was one of several global defence Swedish Migration Agency’s new legal sector companies identified by Amnesty comment adopted in February, using the However, during a Supreme Court hearing International as failing to adequately practice of internal flight alternatives in a case on Sami fishing and hunting meet their responsibility under the UN for relocation in Afghanistan. Amnesty rights in October, the government counsel Guiding Principles on Business and International called for a halt to this stated that Sweden had no obligations to Human Rights to identify and address the practice. recognize the Indigenous Sami people’s human rights risks of their operations.2 rights, in sharp contrast to Sweden’s position on Indigenous Peoples’ rights The government gave its approval for the TORTURE AND OTHER ILL- elsewhere. The court decision is expected public prosecutor to file formal charges TREATMENT in January 2020. against two top-level representatives of the Swedish oil company Lundin Torture had still not been criminalized Petroleum for their alleged complicity in in the Penal Code, despite longstanding serious violations of international law in criticism by the UN Committee what is now South Sudan. The charges against Torture and other human rights had yet to be filed at the end of the year. mechanisms.

1. Amnesty International, Europe: Time for Change: Justice for rape survivors in the Nordic countries (Index: EUR 01/0089/2019) https://www.amnesty.org/en/documents/ eur01/0089/2019/en/ 2. Amnesty International, Outsourcing responsibility: Human rights policies in the defence sector (Index: ACT 30/0893/2019) https://www.amnesty.org/en/documents/ act30/0893/2019/en/

HUMAN RIGHTS IN EUROPE 77 REVIEW OF 2019 Amnesty International Photo action with AI Switzerland activists and staff in front of the Bundeshaus in Berne, Switzerland, 21 May 2019. © AI Switzerland

However no reliable system had been put people are housed in underground SWITZERLAND in place to proactively identify vulnerable civil defence facilities in some cantons asylum-seekers and their needs related to (Zurich and Ticino). In 2015, the Swiss Confederation procedures and accommodation. Direct National Commission for the Prevention Head of state and government: Ueli Maurer access to specialist medical care is of Torture (NCPT) considered this to be difficult for asylum-seekers, and people permissible for a maximum period of A new accelerated asylum procedure seeking to assist asylum-seekers face three months. came into force. A study giving detailed restrictions in accessing federal centres. figures on the extent of sexual violence against women was published, initiating The number of asylum applications had HUMAN RIGHTS DEFENDERS a broad discussion on women’s rights and reached its lowest level since 2007, with In at least five cantons, immediate sexual violence. 14 269 applications lodged in 2019. criminal orders were issued against

The Swiss asylum authorities continue to people who helped others to settle in rely on a rigid application of the Dublin Switzerland, and access protection and REFUGEES AND ASYLUM-SEEKERS Agreement, regularly returning even livelihood means in Switzerland. When A new asylum law came into force vulnerable asylum-seekers and people they opposed the conviction, they faced on 1 March. Asylum procedures were who have relatives in Switzerland to their trial. Among them were human rights accelerated in the federal centres of the first country of entry. defenders Anni Lanz, pastor Norbert six asylum regions. The government set Valley and Lisa Bosia Mirra. a goal to complete 60 percent of asylum The accommodation of rejected asylum- applications within 140 days of arrival. seekers who cannot be returned to their Under federal Swiss law, “non- Asylum-seekers are also to receive free countries of origin amounted to inhuman aggravated” cases of facilitating entry, counselling and legal representation in treatment. Under the government’s stay and circulation (that is, not for the new procedures. “emergency assistance” regime, these payment) is punishable with a fine and

HUMAN RIGHTS IN EUROPE 78 REVIEW OF 2019 Amnesty International in some cases criminal registration. COUNTER-TERROR AND SECURITY on penalizing racism to include calls National Councillor Lisa Mazzone for hatred and discrimination on the After two new laws had already been introduced a parliamentary initiative basis of sexual orientation. Opponents introduced in 2017 and 2018, two new to explicitly exempt from punishment have called for a national referendum, anti-terrorist laws were discussed in this kind of action to aid people in the which may take place in February 2020. parliament in autumn 2019. They are future. In spring 2020, the parliament Discrimination based on gender identity, expected to be passed in 2020. will debate the use of this provision however, remained outside the scope of and the introduction of a humanitarian the legislation. The amendment of anti-terror legislation exemption. for the first time introduced a definition of “terrorism”. Vague and overly broad offences can result in encroachments LEGAL, CONSTITUTIONAL OR WOMEN’S RIGHTS on fundamental rights and arbitrary INSTITUTIONAL DEVELOPMENTS application. The women’s strike on 14 June was In December, the Federal Council has one of the largest mobilizations in adopted a draft law on the creation of In May, the Federal Council presented Switzerland’s history. About half a million a National Human Rights Institution the Federal Act on “Police Measures people took to the streets calling for an (NHRI). The draft complies with the to Combat Terrorism”, which Amnesty end to continuing discrimination against Paris Principles relating to the National had criticized as too far-reaching. The women. Institutions for the Promotion and law provides for a series of preventive Protection of Human Rights, however, the coercive measures against so-called Amnesty International commissioned “persons likely to threaten public safety”. budget attributed to the future NHRI is research on the prevalence of sexual This provision lacks clarity and violates low (1 million CHF/year). The Parliament harassment and sexual violence in the principle of legality. is expected to discuss the draft law and Switzerland. The organization called for should adopt a final version before the reform of Swiss criminal law, so that rape end of 2020. is defined on the basis of lack of consent RIGHTS OF LESBIAN, GAY, in line with international human rights BISEXUAL, TRANSGENDER AND standards. Currently, the legal definition of rape in Switzerland continues to be INTERSEX PEOPLE (LGBTI) based on violence, threats of violence or In December 2018, the Swiss parliament other means of coercion. decided to expand the scope of the law

HUMAN RIGHTS IN EUROPE 79 REVIEW OF 2019 Amnesty International Police preventing members of parliament from the opposition Peoples’ Democratic Party and others from reading out a statement criticizing ‘Operation Peace Spring’, Diyarbakır, 20 October 2019. © Bilal Güldem, Mesopotamia Agency

and excessive force to disperse peaceful of the main opposition Republican TURKEY protestors. There were credible reports People’s Party (CHP) candidate. In of torture and enforced disappearances. June, he won the re-run of the election Republic of Turkey Turkey forcibly returned Syrian refugees, with an increased majority. Elected Head of state and government: Recep Tayyip Erdoğan while continuing to host more refugees mayors in 32 municipalities representing than any other country. the leftist, Kurdish-rooted Peoples’ The crackdown on real or perceived Democracy Party (HDP) were removed dissent continued in 2019, despite from office on spurious grounds and the end of the two-year-long state of BACKGROUND replaced with unelected civil servants. emergency in July 2018. Thousands Between January and May, thousands of The government cited ongoing terrorism- of people were held in lengthy and prisoners joined parliamentarian Leyla related investigations and prosecutions punitive pre-trial detention, often without Güven on hunger strike to demand that for their removal. At the end of the year, any credible evidence of their having armed Kurdistan Workers’ Party leader 18 remained in pre-trial detention. committed any crime recognizable under Abdullah Öcalan be allowed to receive international law. There were severe visits from his family and lawyers. The On 9 October, Turkey launched a military restrictions on the rights to freedom of hunger strikers and those who took offensive against Kurdish forces in north- expression and peaceful assembly and solidarity actions in their support were east Syria (“Operation Peace Spring”) people considered critical of the current criminalized and many were prosecuted with the stated aim of establishing a government – in particular journalists, under anti-terrorism laws. 32km-deep border “safe zone”. The political activists and human rights operation, conducted by the Turkish defenders – were detained or faced The result of the March municipal military together with allied Syrian armed trumped-up criminal charges. The elections in Istanbul was annulled groups, effectively ended on 22 October, authorities continued to arbitrarily ban on spurious grounds by the Supreme amid evidence of war crimes. demonstrations and use unnecessary Election Board following the victory In the last quarter of the year, a

HUMAN RIGHTS IN EUROPE 80 REVIEW OF 2019 Amnesty International judicial reform package was passed released on 4 November pending appeal. “attempting to overthrow the government by Parliament. The reforms failed to However, Ahmet Altan was re-arrested or prevent it from performing its duties” address the structural flaws in a judiciary on 12 November following a prosecution for their alleged role in “directing” the under extreme political pressure or to appeal against his release. He remained Gezi Park protests of 2013. If convicted end unfair and politically motivated in Silivri Prison at the end of the year. they could face life imprisonment without prosecutions and convictions.1 parole. On 10 December, the European Journalists have also faced intimidation Court of Human Rights ruled that Osman when covering protests. Zeynep Kuray Kavala’s extended pre-trial detention FREEDOM OF EXPRESSION and İrfan Tunççelik, were taken into lacked reasonable suspicion and was police custody on 10 May 2019 while carried out with the ulterior purpose of Criminal investigations and prosecutions covering protests in Istanbul held in reducing him to silence, calling for his under anti-terrorism laws and punitive solidarity with prison hunger strikers. immediate release. By the end of the pre-trial detention continued to be They were released on bail on 13 May year, he had been held in Silivri high used, in the absence of evidence of pending criminal investigation. Hakan security prison for over two years. His co- any criminal wrongdoing, to silence Demir, the digital services manager defendant Yiğit Aksakoğlu was released real or perceived dissent. The courts of Birgün daily newspaper, and Fatih on bail at his first trial hearing in June blocked online content and criminal Gökhan Diler, the managing editor of after seven months in prison. investigations were launched against the news website Diken, were detained hundreds of social media users. In on 10 October in relation to news Human rights lawyer Eren Keskin August, a new regulation came into articles about “Operation Peace Spring”, remained at risk of imprisonment as a effect that requires internet broadcasting which did not contain language inciting result of over 140 separate prosecutions platforms to apply for licenses to the Radio and Television Supreme Council violence or any other content that may be for her past role as symbolic editor-in- (RTÜK). The content of the platforms will considered criminal. Both were released chief of the now closed Kurdish daily be monitored by the RTÜK, expanding its later the same day and banned from newspaper Özgür Gündem. In October, censorship powers over online content. travelling overseas pending criminal her home was raided and she was investigations. On 27 October, lawyer and questioned by the Istanbul Security At least 839 social media accounts columnist Nurcan Kaya was detained at Directorate Anti-Terrorism Branch for were investigated for allegedly “sharing Istanbul airport in connection with an sharing posts on social media criticizing criminal content” related to “Operation investigation launched against her for “Operation Peace Spring”. Peace Spring”. Hundreds of people were “inciting enmity or hatred” for a tweet taken into police custody and at least 24 criticizing “Operation Peace Spring”. were remanded in pre-trial detention.2 She was released the same day but Politicians and activists subsequently banned from travelling In July, a Constitutional Court overturned abroad pending the outcome of the the convictions of 10 academics of investigation. Journalists “making propaganda for a terrorist

Dozens of journalists and other media organization” for signing a peace petition workers remained in prison either in in 2016 criticizing indefinite curfews Human rights defenders pre-trial detention or serving a custodial and security operations in southeastern sentence. Some of those investigated Dozens of human rights defenders faced Turkey. Hundreds more on trial for their and prosecuted under anti-terrorism laws criminal investigations and prosecutions support of the petition were acquitted were convicted and sentenced to years of and were held in police custody or following this decision, while others imprisonment; their peaceful journalistic imprisoned for their human rights work. continued to face charges despite the work presented as evidence of a criminal Constitutional Court ruling that the offence. The trial of the 11 human rights charges violated the right to freedom of defenders in the Büyükada case, expression. On 5 July, the Supreme Court of Appeals including the former chair, ex-director overturned the first instance court’s and several members of Amnesty In September, food engineer and conviction of journalists Ahmet Altan and Turkey as well as women’s and equality dismissed academic Dr Bülent Şık Nazlı Ilıcak for “attempting to overthrow advocatess continued in 2019 on was convicted of “disclosing classified the constitutional order”. In November, baseless charges of “membership of information” and sentenced to 15 they were convicted of “knowingly and a terrorist organization”. If convicted months’ imprisonment for a series willingly assisting a terrorist organization, they could face up to 15 years’ of articles exposing the presence of without being a member” following a imprisonment. carcinogenic pesticides and other toxins re-trial and sentenced to prison terms of in agricultural products and water. 10 years and six months and eight years Civil society leader Osman Kavala and 15 His appeal against the conviction was and nine months respectively. Both were other civil society figures faced charges of pending at the end of the year.

HUMAN RIGHTS IN EUROPE 81 REVIEW OF 2019 Amnesty International Two former co-chairs of the Peoples’ and broken up by police using President Erdoğan during the university’s Democratic Party (HDP), Selahattin unnecessary and excessive force. Blanket graduation ceremony. Both prosecutions Demirtas and Figen Yüksekdağ, remained bans were issued by İzmir, Antalya and began in 2018 and were continuing at imprisoned, convicted of terrorism- Mersin governorates in June 2019 to the end of the year. Eighteen students related charges which, in the absence of prevent Pride week events taking place. and a member of academic staff from credible evidence, were largely based on The Istanbul Pride march was banned for METU faced prosecution under the Law their public speeches. 20 HDP-affiliated the fifth year in a row. on Meetings and Demonstrations for their elected mayors of municipalities where alleged participation in the banned Pride trustees were appointed by the state, In March, authorities banned the march in May. were remanded in pre-trial detention International Women’s Day March in since municipal elections in March. 18 Istanbul just before it took place. Police remained in pre-trial detention at the end used tear gas and other excessive force RIGHT TO WORK AND FREEDOM OF of the year. to disperse thousands of peaceful MOVEMENT participants. In November police in In September, Istanbul Provincial Istanbul attacked hundreds of women More than 115,000 of the 129,411 Chairperson of the main opposition protestors who had gathered for the public sector workers – including Republican People’s Party (CHP), Canan International Day for the Elimination academics, soldiers, police officers, Kaftancıoğlu, was sentenced to nine of Violence against Women with tear teachers and doctors – arbitrarily years and eight months in prison for gas and plastic bullets, and a criminal dismissed by emergency decree following “insulting the President”, “insulting a investigation was opened against 25 the 2016 coup attempt remained barred public official because of his/her duty”, participants of a “Las Tesis” protest in from working in the public sector and “provoking people into enmity and İzmir. In December, police dispersed were denied passports. Many workers hatred” and “propaganda for a terrorist the “Las Tesis” protest in Istanbul with and their families have experienced organization.” excessive use of force and detained destitution as well as tremendous six participants who were released the social stigma, having been listed in the following day; police in Antalya prevented executive decrees as having links to FREEDOM OF ASSEMBLY around 100 women from holding a “Las “terrorist organizations”. A commission Tesis” protest. of inquiry set up to review their appeals Blanket bans on all assemblies were before they could seek judicial review, issued in various cities across the country Blanket bans were imposed on assessed 98,300 of the 126,300 without any individual assessment of assemblies expressing solidarity applications it received and rejected the need and proportionality of such with those on hunger strike between 88,700 of them. measures. Police violently broke up a November 2018 and May 20193 as well number of peaceful protests and scores as those protesting against the removal A law adopted in 2018 (Law No. 7145) of peaceful protesters faced criminal of elected mayors from office and against that allows dismissal from public service investigations and prosecutions on “Operation Peace Spring”. to be extended for a further three years charges including “propaganda for a on the same vague grounds of alleged terrorist organization”, “participation in The peaceful gatherings of the links to “terrorist organizations” was an unlawful assembly” and “resisting “Saturday Mothers”, a group that since used by the Council of Judges and police”. the mid-1990s has held weekly vigils Prosecutors to dismiss at least 16 judges in Galatasaray Square for victims of and 7 prosecutors during the year, further Several provincial governors continued enforced disappearances, remained undermining the independence and to use extraordinary powers contained subject to the ban imposed in August integrity of the judicial system. in a law introduced after the end of the 2018 when they were removed with state of emergency to restrict the right to unnecessary and excessive use of force. peaceful assembly. A blanket ban remains imposed on all Several cases of dismissal from public protests in the square. service remained pending before the A blanket and indefinite ban on all European Court of Human Rights at the lesbian, gay, bisexual, transgender and University students continued to be end of the year. These include the cases intersex (LGBTI) events imposed by the prosecuted for participating in peaceful of Hamit Pişkin, a civil servant dismissed Ankara governorate in November 2017 protests. These included 30 students from his post and three dismissed was finally lifted in April 2019 following from Boğaziçi University peacefully academics – Alphan Telek, Edgar Şar a court order, after which LGBTI events protesting against Turkey’s military and Zeynep Kıvılcım – who had had their were banned individually. The student involvement in Afrin in Syria and passports cancelled and been banned Pride march at the Middle East Technical four students from the Middle East from public service following their signing University (METU) in Ankara in May was Technical University (METU) displaying a petition criticizing security operations banned by the university management a banner depicting a caricature of in southeastern Turkey.

HUMAN RIGHTS IN EUROPE 82 REVIEW OF 2019 Amnesty International TORTURE AND OTHER ILL- months after their disappearance. the total €6 billion promised had been TREATMENT The six men were reported by their disbursed. families to have lost weight, be very Credible allegations of torture and other pale and nervous. The men reportedly Between July and October, at least 20 ill-treatment continued to be reported. did not disclose what had happened Syrians were forcibly and unlawfully to them during the months they were returned to northwestern Syria, where In Urfa, eastern Turkey, men and women disappeared. Following up to 12 days in they faced a real risk of serious human who were detained in May after an armed police custody, they were all remanded in rights violations.4 No official figures clash between security forces and the pre-trial detention on terrorism charges were available to estimate the number armed Kurdistan Workers’ Party (PKK) following court hearings without the of people forcibly deported, but based reported, through their lawyers, that they knowledge of their lawyers or families. on the statements received by Amnesty had been tortured including with electric International, returns during this period shocks to genitals. The fate and whereabouts of a seventh affected dozens of people each time, man, Yusuf Bilge Tunç, who disappeared suggesting that the total number forcibly Lawyers reported that some of the former in August under similar suspicious returned was at least in the hundreds. Ministry of Foreign Affairs officials circumstances remained unknown at the Reports indicate that Turkish police beat, detained in Ankara Security Directorate end of the year. threatened or misled Syrians to coerce in May accused of “membership of a them into signing “voluntary return” terrorist organization, aggravated fraud forms. This occurred ahead of Turkey’s and forgery for terrorism purposes”, were REFUGEES AND ASYLUM-SEEKERS military incursion into northeastern Syria stripped naked and threatened with being in October. Allegations of refoulement raped with batons. Turkey continued to host more refugees and asylum-seekers than any other (that is forced return to a country or territory where persecution is likely) In both cases, lawyers reported that country, with over 3.6 million refugees of Syrians were officially denied by their clients did not have access to a from Syria and about 400,000 refugees authorities, who insisted that a total confidential consultation with a doctor. and asylum-seekers from other countries. of 315,000 Syrians had returned

In 2019, however, Syrians refugees faced “voluntarily”. ENFORCED DISAPPEARANCES increased difficulties in the context of deepening political polarization and Migrants and asylum-seekers faced Six men, accused of links with the a worsening economic outlook in the arbitrary detention and risked Fethullah Gülen movement who went country, contributing to growing public refoulement at Turkey’s airports, where missing in February, suspected of criticism and intolerance towards the they did not have effective access to having been the victims of enforced Syrian population. asylum procedures or assistance. In disappearance, resurfaced in police January, a man was detained arbitrarily detention five to nine months after The 2016 European Union-Turkey in an Istanbul airport and forcibly their disappearance. The authorities Statement, which contributes funds deported to Egypt, where he was held did not provide any information to the towards Turkey’s hosting of refugees in incommunicado detention and risked public or the families of the men about in exchange for – among other things execution. In May, a Palestinian asylum- the circumstances surrounding their – Turkey’s cooperation in preventing seeker from Syria was arbitrarily held disappearance or how five came to find refugees and asylum-seekers from for weeks in the new Istanbul Airport themselves in the Anti-Terrorism Branch fleeing onwards to the European and attempts were made to deport of the Ankara Police Headquarters and Union, remained operational. As of him to Lebanon, with the risk of chain one in the Antalya Police Headquarters 30 September, about €2.57 billion of refoulement to Syria.5

1. Amnesty International, Turkey: ‘Judicial reform’ package is a lost opportunity to address deep flaws in the judicial system (Index: EUR 44/1161/2019) https://www. amnesty.org/en/documents/eur44/1161/2019/en/ 2. Amnesty International, Turkey: ‘We can’t complain’ – Turkey’s continuing crackdown on dissent over its military operation ‘Peace Spring’ in northeast Syria (Index: EUR 44/1335/2019) https://www.amnesty.org/en/documents/eur44/1335/2019/en/ 3. Amnesty International, Turkey: Hunger strikes – Rights violations faced by prisoners on hunger strikes and those protesting in solidarity (Index: EUR 44/0835/2019) https://www.amnesty.org/en/documents/eur44/0835/2019/en/ 4. Amnesty International, Turkey: Sent to a war zone – Turkey’s illegal deportations of Syrian refugees (Index: EUR 44/1102/2019) https://www.amnesty.org/en/documents/ eur44/1102/2019/en/ 5. Amnesty International, Turkey: Palestinian held in airport risks deportation – Mohamed Ajlani Younes (Index: EUR 44/0670/2019) https://www.amnesty.org/en/ documents/eur44/0670/2019/en/

HUMAN RIGHTS IN EUROPE 83 REVIEW OF 2019 Amnesty International “Schedule 3” border security power TORTURE AND OTHER ILL- UNITED KINGDOM which permits suspicionless detention TREATMENT and searches based on the vague concept United Kingdom of Great Britain and Northern Ireland of “hostile activity”. In June, the UN Committee Against Head of state: Queen Elizabeth II Torture was critical of the government’s Head of government: Boris Johnson (replaced Theresa May continuing failure to meet obligations in in July) A statutory review of the PREVENT the Convention. programme was established. However, several NGOs objected to both the lack of Counter-terrorism laws continued to In direct contradiction of previous impartiality of the chosen reviewer, and restrict rights. Full accountability promises, the government announced the scope and approach of that inquiry. for torture allegations against UK in July that it would not establish the The reviewer was subsequently stood down. intelligence agencies and armed forces long anticipated independent judge-led inquiry into allegations of complicity remained unrealized. Northern Ireland The government removed British in torture and other ill-treatment of made significant progress on abortion citizenship from people who had travelled detainees held by other countries in and same sex marriage. to Syria and Iraq and were allegedly counter-terrorism operations overseas

associated with the armed group calling since 2001. itself Islamic State, including against at LEGAL, CONSTITUTIONAL OR least one woman who had left the UK for A review of the revised “Consolidated INSTITUTIONAL DEVELOPMENTS Syria as a child. Principles” governing torture, other ill-treatment and broader detainee The second draft Political Declaration issues did not result in significant policy on the future relationship between the improvements sought by NGOs. The UK and EU, published in October 2019, DEATH PENALTY re-named and rewritten “Principles” included less robust assurances around In January, the High Court rejected continued to leave room for ministerial membership of the European Convention a challenge to the Home Secretary’s discretion to authorize activities where on Human Rights (ECHR) than the first decision to agree to a Mutual Legal a real risk of torture existed. A freedom version. The Government confirmed Assistance request from the USA to of information request subsequently uncovered a separate, secret, Ministry of that it intends to derogate from the transfer evidence in the case of El Defence policy permitting intelligence ECHR before significant future military Sheikh, without requiring assurances sharing where there is a “serious risk” operations where deemed appropriate. against the use of the death penalty. This of torture “if Ministers agree that the was in contravention of the long-standing potential benefits justify accepting the The Scottish government built on its policy of seeking assurances to remove risk and the legal consequences that may commitment to incorporate the UN the possibility of the death penalty. follow”. Convention on the Rights of the Child, promising to bring forward legislation to In September, the Court of Appeal in incorporate UN treaties into Scots Law. IMPUNITY Northern Ireland dismissed an appeal by the Police Service of Northern Ireland The UK still did not conduct a human (PSNI) of a ruling against a police COUNTER-TERRORISM AND rights compliant inquiry or introduce decision to end its investigation into SECURITY other accountability measures for alleged the torture of the 14 “Hooded Men”, abuses perpetrated by the British Armed who were abused while in detention by The Counter-Terrorism and Border Forces in Iraq between 2003 and the British Army and the Royal Ulster Security Act 2019 created new criminal 2009. The Office of the Prosecutor of Constabulary in 1971. In November, the offences that give rise to serious the International Criminal Court (ICC) Court of Appeal further dismissed the human rights concerns. These included continued its preliminary examination PSNI’s application for leave to appeal entering or remaining in a “designated of these war crimes claims. In July, this decision to the UK Supreme Court. area” overseas; expressing an opinion the Ministry of Defence consulted on The PSNI retained the right to apply or belief supportive of a proscribed proposals for a presumption against directly to the Supreme Court. organization, if reckless as to whether prosecution of armed forces personnel that encourages another person to for alleged offences committed in the support them; publishing images of course of duty outside the UK more than NORTHERN IRELAND – LEGACY articles or clothing in a way which 10 years ago, as well as restricting the ISSUES suggests you are a member or supporter Courts’ discretion to extend the time limit The government released funds to of a proscribed organization and the mere for bringing compensation claims for address a backlog of more than 90 viewing of “terrorist related” material on personal injury and/or death in relation to conflict-related coroners’ inquests, the internet. Further, it created a new historical events outside the UK. although the 2014 Stormont House

HUMAN RIGHTS IN EUROPE 84 REVIEW OF 2019 Amnesty International Agreement was still not implemented and in or return to the UK despite their being 2017 published its first report. The more than a thousand killings from the entitled to stay indefinitely after entering report answered some questions about decades-long conflict were still waiting the country as British nationals. the immediate cause and actions for new investigation processes. during the fire, in which 72 people died In October, new legislation came into and dozens were injured. The inquiry In February, the UK Supreme Court effect which will legalize same-sex continued and was due to explore the found that the official investigation into civil marriage in Northern Ireland from decision-making regarding the building the 1989 killing of Belfast solicitor January 2020. The government had yet and the broader context they were Patrick Finucane was ineffective and to respond to a consultation on reforming taken in, as well as the support the failed to meet human rights standards. the Gender Recognition Act in England authorities provided to the community in In September, his family announced and Wales which concluded in October the aftermath of the fire. The fire raised they would continue to appeal for an 2018. questions concerning the authorities’ independent public inquiry. and private actors’ compliance with their human rights obligations and In November, legislation was passed to WOMEN’S RIGHTS responsibilities, including protection provide redress for thousands of children of the right to life and guaranteeing an who had suffered abuse in residential The Committee on the Elimination of Discrimination against Women’s adequate standard of living, including the institutions in Northern Ireland during right to adequate housing. the period 1922 to 1995. (CEDAW) Concluding Observations on the UK’s eighth periodic report highlighted inconsistent implementation ECONOMIC, SOCIAL AND CULTURAL SEXUAL AND REPRODUCTIVE of CEDAW’s provisions across the country due to devolved administration. The RIGHTS RIGHTS periodic review process shed light on In his report on the UK issued in May, On 3 October, Sarah Ewart and Amnesty the disproportionate impact of austerity the UN Special Rapporteur on extreme International won their legal challenge policies on women, in particular women poverty and human rights strongly at Belfast High Court which found that from ethnic minority backgrounds and criticized the country’s austerity policies, Northern Ireland’s abortion law was women with disabilities. finding that they have resulted in around incompatible with the UK’s human rights 14 million people living in poverty with obligations under the ECHR. In July 2019, a Domestic Abuse Bill almost 1 in 2 children affected. That month, legislation came into force was introduced to Parliament without decriminalizing abortion in Northern provisions to ensure safety and access Ireland and all pending criminal to justice for migrant women, despite proceedings were dropped. Regulations recommendations from parliamentary REFUGEES AND ASYLUM-SEEKERS to enable access to abortion including committees. Considerable uncertainty persisted in cases of risk to the woman’s health, concerning post-Brexit immigration policy serious or fatal foetal anomalies, and Women’s rights organizations and and practice. pregnancy resulting from gender-based press exposed a crisis of justice for violence was due by end of March victims of rape in England and Wales. The UK’s restrictions on family reunion 2020. In the interim, the government Crown Prosecution Service figures show continued to prevent many refugee will fund travel and healthcare costs for a marked decrease in prosecutions families from being together. The rules women from Northern Ireland to travel to against an increase in reports. Civil do not allow adult refugees to be joined England. society organizations exposed a practice by their children who are over 18 and the whereby the police asked victims of UK is one of the only countries in Europe sexual assault to hand over their phones, in which unaccompanied child refugees DISCRIMINATION suggesting that open ended consent do not have the right to be joined by even A government compensation scheme to access their data was required in their closest relatives. became available in April for people order for investigations to move forward, who had been affected by the so-called even where perpetrators are strangers There was increased concern about “Windrush scandal”. However, the full or the abuse historic. This practice is the post-Brexit future of arrangements extent of the injustice had not been under investigation by the Information whereby refugee and asylum-seeking acknowledged by the government and Commissioner’s Office. children could be transferred to the the racism that underpinned the laws UK from EU Member States, including and policies at the heart of this scandal children with family in the UK. had not been addressed. In many cases, RIGHT TO LIFE Meanwhile, 2019 saw a rise in the people who had settled in the UK prior number of people attempting to reach the to 1973 and their dependents had been In October, the public inquiry into UK by boat and at least two people were treated as if they had no permission to be London’s Grenfell Tower fire in June known to have drowned in the attempt.

HUMAN RIGHTS IN EUROPE 85 REVIEW OF 2019 Amnesty International In November, 39 people from Vietnam ARMS TRADE In October, the Metropolitan Police were found dead in a refrigerated trailer issued a Section 14 order under the In a judicial review brought by the on an industrial estate in Essex. The Public Order Act imposing a blanket ban Campaign Against the Arms Trade (CAAT) government responded by calling for in London on protests by “Extinction and joined by Amnesty, Human Rights more focus on tackling human traffickers Rebellion”. In November, the High Court Watch and Rights Watch UK, the Court of and other criminals. However, it failed ruled that the ban had been unlawful. to address warnings about the lack of Appeal ruled that the UK government’s safe and legal migration channels, or the decision to continue licensing exports of military equipment to Saudi Arabia role of immigration policy, practice and FREEDOM OF EXPRESSION rhetoric in driving people to undertake was unlawful. The case will be heard dangerous journeys. by the Supreme Court in early 2020 Julian Assange was arrested in April and Amnesty, Human Rights Watch and 2019 in the premises of the Embassy of Rights Watch have applied to intervene. Ecuador after the Ecuadorian government CORPORATE ACCOUNTABILITY arbitrarily withdrew his nationality. He was sentenced to 50 weeks for skipping In June, the High Court declared that FREEDOM OF ASSEMBLY a Prisons and Probation Ombudsman bail. The US submitted an extradition investigation into serious mistreatment In February, anti-deportation activists request on the grounds of 17 charges and abuse of detainees at Brook House known as the “Stansted 15” were under the Espionage Act and one charge Immigration Removal Centre by officers convicted under the Aviation and under the Computer Fraud and Abuse of the private security firm G4S was Maritime Security Act 1990, a terrorism- Act. In the US, he would face real risks related law, and given non-custodial inadequate for lack of power to compel of serious human rights violations. The sentences for chaining themselves around witnesses. The judgment said that unless charges relate to the release of disclosed an immigration removal flight at Stansted the terms of reference were extended to documents and his publishing activities include that power, it would not comply Airport. In August, the Court of Appeal with Wikipedia. At the end of the year, with UK government’s investigative granted them leave to appeal against their the extradition procedure was pending. duties under Article 3 of the ECHR (the convictions. However, concerns remained right not to be subjected to inhuman about the use of terrorism-related laws to and degrading treatment). The Home prosecute activists engaged in non-violent Secretary announced in November that direct action. the investigation would instead take the form of a statutory inquiry.

HUMAN RIGHTS IN EUROPE REVIEW OF 2019 Amnesty International HUMAN RIGHTS IN EUROPE: REVIEW OF 2019

This report documents the state of human rights in Europe during 2019. It is composed of a regional overview and 35 country entries, subdivided by key human rights themes.

In the heart of Europe, some states actively sought to erode the independence of the judiciary to avoid state accountability. The European Union continued to outsource border and migration control. Grave human rights risks ensued: tens of thousands of people remained exposed to conflict, violence, torture and an uncertain future in destitute conditions. Those opposing these border and migration control policies frequently faced smear campaigns, harassment, and even administrative and criminal penalties.

Increasing numbers of human rights defenders, activists and independent media faced intimidation and prosecution. Expressions of dissent on the streets were often met with a range of restrictive measures and excessive use of force by police.

Against this overall backdrop of intolerance and discrimination, minorities and those seeking to defend their rights were met with violence, increasing stigmatization of some communities.

Survivors of sexual violence, including rape, continued to face obstacles in accessing justice. While two countries held their first ever Pride parades, there was a roll-back in a number of others on law and policies related to the rights of LGBTI people.

Index: EUR 01/2098/2020 Original language: English amnesty.org