Enforcing human rights law by new means

ANNUAL REPORT 2015 Contents

Editorial Wolfgang Kaleck p. 4

I. Transnational defense of human rights has never been so important Alejandra Ancheita p. 8

II. A matter of perseverance – Ensuring grave human rights violations do not go unpunished International Crimes and Accountability p. 12

III. Fighting back against transnational corporations – From the Global South to the courtrooms of Europe Business and Human Rights p. 33

IV. Education, collaborative learning and networking – Strengthening the human rights work of tomorrow Education Program p. 54

V. Appendix

p. 60 Criminal complaints, petitions and legal briefs p. 64 Publications p. 66 events p. 68 Press Review p. 69 Council, advisory board and staff p. 70 education Program participants p. 71 Cooperating lawyers p. 72 Partner organizations p. 74 Finances p. 75 Donors p. 79 Víctor Jaramillo »Cuba – Definitions for an island«

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2 Contents 3 Editorial

Dear friends, supporters and colleagues,

Recently there has been no shortage of shocking reports of human rights violations around the world, particularly in Iraq and Syria and other regions neighboring Europe. Also shocking are the reactions of certain European states and some parts of the public. Instead of building a Europe based on openness and social justice that will stand up for the rights of people around the world – a European Union worthy of its Nobel Peace Prize – the focus all too often reverts to old ideas of nation and nationality. In these times, the legal and political struggle for human rights and global justice is all the more vital.

The European Center for Constitutional and Human Rights (ECCHR) fights this important battle together with others in many different parts of the world. We work with partners in India, Pakistan, Bangladesh, Sri Lanka, Colombia, Argentina, the USA and Europe. Our base in Berlin is a hub for an international network of lawyers and activists that work to jointly develop legal interventions in solidarity and collaboration with social justice movements across the globe. Our work strives to bring about a better world, free from torture and exploitation.

All too often, when grave human rights violations occur, it is those with privilege and power who decide whether the perpetrators – be it a government minister, military general or company manager – shall be held to account for their actions in court. This is the kind of two-fold injustice we at ECCHR seek to oppose in our political vision and legal work.

Our recent efforts have again broken new legal ground. This year, we supported refugees from sub-Saharan Africa seeking the enforcement of their right to have rights in criminal proceedings in Spain and in front of the European Court of Human Rights. We have worked to establish the liability of transnational chemical and pharmaceutical companies for harmful pesticide practices in the Global South, using little-known legal mechanisms at the UN.

We persist tenaciously even when proceedings are long and drawn out. In 2015 we continued to work to ensure that the »architects« of

4 Editorial 5 the US torture program are held criminally liable in Europe, in light of ongoing impunity in the USA. The continued relevance of this problem is clear when we see US politicians calling for illegal interrogation methods or the fallout from the state of emergency declared in France after the attacks in Paris and Brussels.

We brought the question of Germany’s responsibility for its role in illegal US drone wars before the Administrative Court of Cologne. We also filed a communication with the International Criminal Court in the hope that women and children who are subjected to sexualized violence as part of the armed conflict in Colombia may finally obtain justice. In Germany, we continued to support those affected by a fire in a textile factory in Pakistan with their lawsuit against the German clothing company KiK, which failed to respect their calls for long- term compensation.

Across our cases, the impact of our overall strategy or specific legal interventions can be difficult to measure. Work on one case can sometimes take years and we often face setbacks, such as the closure of the case of murdered Colombian trade unionist leader and Nestlé employee Luciano Romero.

In light of all of this, we greatly appreciate our long-term collaborative relationships with a global network of young professionals, cooperating lawyers, universities and partner organizations, as well as numerous foundations, organizations and individual donors – my sincere thanks to you all. Our work would not be possible without your assistance, expert advice, generous financial contributions and other forms of help. In this annual report, we document and reflect on our work and accomplishments in 2015. We hope that you will continue to lend ECCHR your valuable support.

Wolfgang Kaleck General Secretary, European Center for Constitutional and Human Rights (ECCHR)

6 Editorial 7 the ECCHR’s founder and General Secretary Wolfgang Kaleck has I. Transnational defense of human generated a space for critical reflection, sought to train young lawyers who are interested in seeing and practicing the law from a position rights has never been so important critical of privilege and power structures, and fostered an ongoing search for creativity in every legal intervention. There is a standing invitation to work collaboratively; ECCHR continually hosts young people from Europe, Asia and Latin America, giving them the oppor- tunity not only to learn the craft of committed human-rights defense as practiced at the Center, but also to live and work in a place that is The right to defend human rights is now, more than ever, a global respectful of diversity and difference. necessity and a moral imperative. This holds especially true for those who have chosen the law as their tool in the struggle for equality for The fight against impunity is the driving force that unites and the segments of society living with abuse, discrimination and violence maintains the work done by the ECCHR team, a courageous and on a daily basis. dedicated group confident that their work will forge ways for those yet to come – allowing the next generation to imagine new paths Europe faces a fundamental question in light of the many people of resistance and of hope. I have no doubt that we will continue to fleeing from Syria and other countries; men, women and children pursue these paths and hold fast to our belief that another world forced to leave their home countries under terrible circumstances is possible. due to desperate economic conditions. Add to this the recent terrorist attacks in Paris and the resultant polarization of the international Alejandra Ancheita community when it comes to security policy, and you start to get a Founder and Director of ProDESC (Mexico) sense of challenges of the coming years for human rights defenders. Member of ECCHR’s advisory board and Martin Ennals Award 2014 Laureate

But these kinds of challenges are nothing new for an organization like ECCHR. Ever since it was set up, the Center has tackled difficult questions that few wanted to take on. The long struggle for transitional justice in the wake of brutal dictatorships in Chile and Argentina, the ongoing proceedings in France on the fate of two French citizens who were tortured at Guantánamo: these examples show the Center’s tenacity in the search for less-traveled, creative paths to justice, taken alongside its partners in different parts of the world.

Over the course of the coming year we will see how ECCHR’s recent cases will set important precedents for new forms of imagining transnational litigation – not only in the face of political- and civil- rights violations, but also as concerns the joint responsibility of transnational companies and their business partners for violating the rights of hundreds of workers in countries like Pakistan. The case against the German company KiK regarding the death of 260 workers in a factory fire in Pakistan represents a real possibility to access justice in the home country of the deceased workers and their families. It also provides a model of transnational accountability for companies that tolerate inhumane working conditions in exchange for maxi- mized profit.

ECCHR also keeps in mind the generation of lawyers who will face the human rights challenges of the future. From the very beginning,

8 I. Transnational defense of human rights has never been so important 9 10 11 Our focus on Sexualized violence in the Colombian sexualized violence II. A matter of perseverance – in armed conflict ­conflict: a case for the International The fight against the silence, ­Criminal Court Ensuring grave human rights violations the downplaying and the impunity surrounding sexualized violence has been Kidnap, rape and sexual slavery: In Colombia, as in other conflict do not go unpunished an important part of ECCHR’s work since 2010. To date, our zones, sexualized violence is part of the military and state strategy focus has been on cases to repress the civil population. The military uses targeted sexualized occurring in armed conflicts, in which rape, sexual assault violence to punish groups who they accuse of supporting the guerrilla. and slavery are often part of the military and state strategy to repress the civilian These crimes highlight the extent of structural discrimination population. against women in Colombia. Very often victims of sexualized Sexualized violence is violence in the context of the armed conflict are afrocolombian, Impunity for crimes against international law means that torture, considered a war crime and a crime against humanity under indigenous or internally displaced women, i.e. those who are often extrajudicial killings by drones and sexualized violence in armed international criminal law. In already marginalized. On paper, Colombia has sufficient laws to practice, however, the conflicts are not investigated or brought before the courts. Perpetrators prevalence and magnitude of address sexualized violence, including in armed conflict, but in and their superiors go unpunished. The failure to acknowledge and these crimes is not reflected in practice, these laws are seldom enforced. Rape cases rarely come trials and court judgments. seek redress for these crimes not only denies victims their rights, but Gender-specific discrimination before the courts, especially when the alleged perpetrators or their also serves to further entrench injustice and allows individual and is one of the root causes of superiors are high-ranking military figures. sexualized violence, as well as societal traumas to persist. Mass crimes represent society-wide the reason why there are often problems that require society-wide efforts to address them. ECCHR no legal consequences for such crimes. Under international criminal law, including the Rome Statute of the works alongside victims, relatives, civil society activists, and other International Criminal Court (ICC), sexualized violence can be Colombia, Sri Lanka lawyers to fight impunity for such crimes. and the Philippines considered both a war crime and a crime against humanity. Military ECCHR brings to light the superiors have an obligation to prohibit their soldiers from committing It might be obvious that dictatorships violate human rights. But even widespread use of sexualized such crimes, and if they fail to do so, they must themselves be held violence in armed conflicts democratic governments sometimes fail to adequately uphold their and the subsequent impunity accountable. If Colombia is unable or unwilling to address its for these crimes. We analyze human rights commitments. When domestic protections falter, the the political, social and legal military’s systematic use of sexualized violence against women, the international justice system does not always manage to hold those framework in which such ICC in The Hague must take action, as provided for under the Rome crimes take place and bring most responsible to account for obligations under international law. representative cases before Statute. With this in mind, ECCHR partnered with the Colombian Whether through complicity or self-interest, politics and power often national and international organizations Sisma Mujer and Colectivo de Abogados José Alvear courts. In 2015, we filed a trump law and justice. As such, the legal work pursued by ECCHR communication before the ICC Restrepo (CAJAR) to submit a communication on Colombia to the always has a political dimension. on the use of sexualized ICC in April 2015. The three organizations are calling on the Court violence in the armed conflict in Colombia and conducted to open investigations into the use of sexualized violence in the Our cases highlight structural human rights abuses in dictatorships research and documentation Colombian armed conflict, particularly by senior army officials. of additional cases of and democracies alike. Our legal interventions look beyond individual sexualized violence in Sri Sexualized violence in Colombia and beyond must not go unpunished. Lanka, the Philippines and cases, aiming to also highlight legal and political gaps and to advance Syria. We also examined the justice through public and academic debate. The variety of legal extent of gender-specific Major step for victims of US torture: violence and discrimination strategies and mechanisms we use, which are constantly evolving in at the EU’s external borders, Former Guantánamo commander called to cooperation with affected groups, partner organizations and our as well as within the global hearing in France supply chains of the textile cooperating lawyers, show the possibilities and potential of legal and pesticide industries. human rights work. In the case of grave crimes against international Anyone who practices or orders torture should face legal action. law, going before the International Criminal Court is not the only When no action is taken in the perpetrator’s own country, those option. The ICC is a court of last resort, and as such, only plays a role responsible can and must be held accountable abroad, as set out in when national justice systems fail. In some cases, a complaint to a the UN Convention against Torture. For Geoffrey Miller, the former German administrative court or a regional body like the European commander of the US detention center at Guantánamo, 2016 may Court of Human Rights might be the best approach for challenging be the year in which this finally happens. If so, it would be the first serious, systematic human rights violations. This has been under- time formal proceedings are initiated against anyone responsible for scored by some of ECCHR’s legal interventions throughout 2015. crimes in Guantánamo.

12 II. International Crimes and Accountability 13 In April 2015, the Paris Appeals Court held that Miller should be summoned in France to give evidence on his role in the torture and grave abuse of detainees in Guantánamo. In issuing its decision, the court granted the petition of two French former Guantánamo detainees, represented by long-standing ECCHR cooperating lawyer William Bourdon. The families of the detainees initially lodged a criminal complaint against Miller in 2002 concerning torture, abuse and arbitrary detention. A legal brief (February 2014) and supple- mentary evidence (March 2015) provided to the French court by ECCHR and the New York-based Center for Constitutional Rights, show that Miller bears criminal responsibility for the planning and use of torture.

The proceedings in France have both immediate and broader aims. ECCHR aims to enforce the rights of the French survivors of torture through securing a conviction and also hopes to trigger broader accountability for US crimes. The decision to take the case is infor- med by the experience of the fight against impunity for the crimes of the Argentine and Chilean military dictatorships in the 1990s. At that time, proceedings in Europe helped trigger domestic legal action in Argentina and Chile. Similarly, ECCHR’s current work on prosecuting US torture in European courts aims to end impunity in the US. The strategic goals behind the French proceedings also apply to ECCHR’s work in bringing the »architects« of US torture to account through investigations in Spain and a criminal complaint in Germany. The message is clear: Nearly fifteen years since the US

torture program began as part of the »war on terror,« a network of A German administ- survivors, relatives, activists and lawyers are still working tirelessly rative law comp- laint as a legal to end impunity for these crimes. tool: Three Yemenis call Is foreign policy above the law? Debate on on Germany to protect their right Germany’s role in US drone war continues to life German administrative courts have jurisdiction in cases that See nothing, hear nothing, say nothing. By employing this strategy involve decisions made by in its relationship to US drone wars, Germany has long been complicit state authorities. By bringing an administrative complaint, in the illegal killing of civilians by US drones. Many of these drone individuals can call for a strikes occur outside areas of armed conflict, like in Yemen, where decision to be revoked or to oblige authorities to take (or the US uses remotely operated, unmanned aircraft to kill people they refrain from taking) a specific action. But can a complaint suspect of involvement in terrorism. As the US military base at before a German administrati- Ramstein in southwest Germany plays a crucial role in US drone ve court serve as a legal tool to enforce human rights in the strikes, Germany is in breach of its human rights and constitutional global »war on terror«? obligations. That is the strategic aim of an administrative complaint filed in Cologne by three Yemeni In May 2015, the Administrative Court in Cologne heard the case survivors of a US drone strike. ECCHR contributed legal taken against Germany by the bin Ali Jaber family from Yemen. analysis to the complaint The three claimants survived a US drone strike that killed two of concerning Germany’s problematic role in US drone their relatives and left many family members traumatized and living operations.

14 II. International Crimes and Accountability 15 in constant fear. The claimants are calling on Germany to acknow- Germany crucial to Spain’s approach at these As part of its focus on 2014 when Spanish border US drone strikes in ledge its legal and political responsibility for their suffering and to Yemen borders is symptomatic of migration, ECCHR has been guards used clubs, rubber prohibit the use of Ramstein for US drone strikes. The claim was As part of its »war on terror,« the EU’s fortressing of its analyzing the legal basis of bullets and tear gas against based on legal analysis provided by ECCHR and research from the the US frequently uses armed drones to kill civilians in borders generally. EU states the EU’s push-backs and refugees who were trying to international human rights organization Reprieve. Yemen and elsewhere. go to great lengths to keep sealed border policies since swim across the border Germany provides support for these controversial US away people trying to flee 2014. Since 2015, we have between Morocco and Spain. The court held that the claim was admissible, since Germany is drone strikes by allowing the war, persecution and great also been assisting victims In both of these examples, US military to use its base at constitutionally obliged to protect life, including the life of non- Ramstein, which serves as a hardship in their home of human rights violations at ECCHR is working with Germans abroad in cases involving the actions of German authorities. communication relay between countries: kilometers of the EU’s external borders in those affected to fight for drone operators and their However, the judges were reluctant to intervene in what they saw unmanned aircraft. To end this border fences are reinforced individual proceedings. something that all people, tacit German support for as a foreign policy matter, and as a result, afforded the government contentious US drone with barbed wire spikes, ECCHR’s cooperating including refugees, are far-reaching discretion that ultimately releases it from any judicial operations, three Yemenis while high-tech patrols lawyers are currently repre- entitled to: the basic right to submitted a complaint in oversight. The bin Ali Jaber family does not see this as a definitive October 2014 to the Administ- police the borders at sea, senting the two men in their have rights. defeat, however, as the case has already achieved a number of its rative Court in Cologne against in the air and on land. With complaints against Spain at the German government (as goals. It marked the first time that victims of drone strikes were represented by the Federal these policies, the EU the European Court of granted a hearing before a German court, and it prompted the court Ministry of Defense). The accepts the risk that count- Human Rights related to claimants base their case on to stress the fundamental significance of the case, while explicitly Germany’s obligation to less refugees will die at sea. push-backs from Melilla. leaving open the possibility to lodge an appeal, which the claimants protect fundamental human There is also the problematic We are also supporting rights, including the right to swiftly did with ECCHR’s assistance. The political and legal discus- life (Art. 2 of the German issue of cooperation with survivors of a fatal »border Basic Law), both in Germany sion of Germany’s role in the US drone wars is far from over. Every and abroad. They are calling transit states like Morocco, protection action« in Ceuta, human rights violation related to the US »war on terror« – from for protection under the which often fail to respect in criminal proceedings German Basic Law because torture to rendition or the use of armed drones – must be met with their lives and rights are minimum standards on currently underway in Spain. investigations and legal action. directly affected by Germany’s human rights and refugee In this case, at least 15 consenting to the use of Ramstein and its failure to rights. people died in February prevent the illegal actions of the US at the base. After the Administrative Court rejected the complaint, the claimants brought their case to the Higher Administrative Court in Münster.

New focus area Fighting for the right to have rights »Migration«: open to the two men, from EU – territory. This was done Challenging the Mali and the Ivory Coast without offering them the We had guests this week from Morocco: two human rights activists EU’s deadly bor- respectively, was to cross the chance to apply for asylum. spoke about their work with refugees and migrants trying to make der policies border structures at Melilla, This practice of violent and one of two Spanish exclaves illegal push-backs effectively their way to Europe via the Moroccan city of Nador. We’ve all heard Two people with first-hand in North Africa. Along with suspends both fundamental or read about it before. But for me, it’s always more powerful when experience of what is euphe- around 70 other refugees that human rights and refugee I hear these stories firsthand and am directly confronted with the mistically referred to as had climbed the fences with rights. These people and other »the protection of the EU’s them, the two were arrested victims of push-backs and violence and injustice. external borders« have and immediately »pushed abuses at the borders by the The shortest route from Nador to Europe involves climbing barbed decided to challenge Spain’s back« to Morocco by Spanish police of EU states are de wire fences to reach the Spanish enclave of Melilla in North Africa. border policies. Denied any border officials, despite the facto denied any opportunity safe means of passage to fact that they were already to enforce their rights in Generally, only athletic young men are fit enough to scale the three to Europe, the only option left on Spanish – and therefore courts in Europe. six-meter-high fences and run the gauntlet between violent Moroccan

16 II. International Crimes and Accountability 17 and Spanish border guards. Attempts to climb over the fence often Analysis result in serious injury and even death. Taking the sea route – also fraught with danger – requires money that many do not have. Foreign war International Law), and for almost no involvement of the crimes before acting as a ringleader of a women and children affected, The Moroccan state, for its part, stirs up racism against sub-Saharans, German courts: foreign terrorist organization and ultimately, the court The trial of two (under par. 129 b of the failed to issue a judgment while the media spreads lies and perpetuates stereotypes. In Morocco, FDLR militia lea- German Criminal Code). on these charges. there are very few people taking on the kind of work that our two ders as a model Musoni was sentenced to for future cases? guests are doing there, so we are glad to be able to work with them eight years, also for acting Despite its difficulties, the as a ringleader of a foreign trial of Murwanashyaka and to help refugees and migrants get access to justice. In September 2015, procee- terrorist organization. Musoni did, at least, represent dings came to a close in a start. It remains to be seen the German trial of Ignace whether the proceedings will The »right to have rights« was described by Hannah Arendt, writing Murwanashyaka and Straton The two FDLR militia leaders were originally accused of prove useful as a model for after World War II on the plight of the stateless and denaturalized. Musoni, two Rwandan further cases. What is already leaders of the Hutu militia 16 counts of directing crimes But even in this era of universal human rights, this right to have rights against humanity and war certain is that the trial Forces démocratiques de monitoring will bring to light is far from guaranteed, including here in the EU. Refugees and libération du Rwanda crimes while on Germany territory, including using lessons for improving future migrants in Morocco have no effective access to justice and in Spain, (FDLR). They were accused proceedings in Germany of responsibility for massac- satellite phones, emails and only a rare few are granted access to the asylum procedures they are text messages to order regarding crimes against res against the civilian international law. entitled to. population in eastern killings, rape, sexual slavery, Democratic Republic of pillage, looting and the recruitment of child soldiers The European Court of Human Rights in Strasbourg recently accepted Congo (DRC). It was the first trial under the German in the DRC. Over the course a case we brought on this problem. It’s a complaint by two men, one Code of Crimes against of the proceedings, eleven from Mali and the other from the Ivory Coast, challenging the Spanish International Law, which charges against them were dropped, including the police practice of summarily expelling refugees and migrants without­ was introduced in 2002 and allows German courts to allegations of sexualized giving them a chance to apply for asylum or legal assistance. It investigate and try cases violence against women would mark the first time that Strasbourg addressed the conditions in involving grave international and children. Melilla, and Spain’s rigid border policies in general. crimes committed anywhere in the world. Having monitored the trial since it began in May 2011, We know, of course, that court decisions alone can’t solve one of The FDLR trial was a mam- ECCHR believes the procee- the biggest European problems of our time. But one major step in the moth case: it spanned 320 dings reveal deficits in the trial days, cost millions of German justice system’s right direction would be to acknowledge that those who are fleeing euro, and involved witnesses general approach to crimes are the subjects and bearers of human rights, and to guarantee them from all over the world. In against international law, these rights on European soil, a path long pursued by the activists in the final judgment, the court and in particular, to crimes found both Rwandan leaders involving sexualized violence. Morocco. guilty. Murwanashyaka was The court failed to adequately sentenced to13 years’ impri- address the allegations of An unabridged version of this text appeared in August 2015 on »Law and Subversion«, the weekly blog sonment for aiding and rape and sexual slavery by ECCHR General Secretary Wolfgang Kaleck, on www.ecchr.eu/en/home.html abetting war crimes (under committed by the FDLR. The blog appears every week in German under Recht Subversiv on ZEIT online and in Spanish in the opinion page Contrapoder of the online newspaper eldiario.es. the Code of Crimes against The proceedings allowed

18 II. International Crimes and Accountability 19 20 21 International crimes and accountability: Legal approach current cases Administrative law claim against Germany, Legal action against US Administrative Court of Cologne (Verwal- military base at tungsgericht Köln) (October 2014), and after its Ramstein: No end in dismissal (May 2015), an appeal to the Higher Administrative Court (Oberverwaltungsgericht sight for drone attacks für Nordrhein-Westfalen) (August 2015). via Germany The proceedings are ongoing.

that occurred between 2002 and 2011. The Since 2001, the US has repeatedly violated organizations called on the Office of the international law in various ways around the Grave and endemic Prosecutor to open investigations into world in the name of its global fight against A step forward for crimes: International Colombian suspects within the military. terrorism. US drone strikes in Yemen, for torture victims: If Colombia is unable or unwilling to end example, regularly kill civilians. The US Criminal Court must impunity for sexualized violence against military base at Ramstein in southwest Guantánamo commander investigate sexualized ­women, the ICC must take action as provided Germany is directly involved in the contro- summoned in France violence in Colombian under the Rome Statute. In the view of the versial US drone war. Yet the German govern- three human rights organizations, investiga- ment denies any responsibility for the wrongful French citizen Mourad Benchellali was held conflict tions at the ICC could also help to put the death of civilians in US drone strikes. at Guantánamo for almost five years, where issue of sexualized violence on the agenda he and other detainees were tortured. For the In the ongoing Colombian armed conflict, in the Colombian peace process. In May 2015, survivors of a US drone strike past 13 years, Benchellali and Nazir Sassi sexualized violence against women is part had a hearing before a German court for the (another French former detainee), along with of the military strategy and amounts to a In 2012, the ICC received a communication first time. The Administrative Court in Colog- their families and ECCHR’s cooperating crime against humanity. In 2014, on average, on the situation in Colombia, submitted by ne heard a claim by a Yemeni family. The lawyers, have been fighting for criminal two women were raped every three days as ECCHR with CAJAR and the Colombian three claimants survived a drone strike in prosecutions for the torture the two men part of the armed conflict. Affected women trade union confederation CUT. The commu- August 2012 that killed two of their relatives. suffered in detention. 2016 could be the year have almost no legal remedies available to nication argues that violence against trade Since the strike, the family has lived in their case finally progresses. them. Many are black, indigenous or inter- unionists in Colombia qualifies as a crime constant fear of further drone attacks. With nally displaced women, for whom any legal against humanity under the jurisdiction of the assistance of ECCHR and the international In April 2015, a Paris appeals court summoned proceedings present major legal, social the Court. The Colombian authorities’ human rights organization Reprieve, they former Guantánamo commander Geoffrey and financial obstacles. Convictions for inadequate investigation and prosecution brought legal action in October 2014 against Miller to testify regarding his role in the these crimes are rare, especially in cases in efforts mean that the Office of the Prosecutor the German government, as represented by torture and grave abuse of detainees. which the perpetrator is a member of the at the ICC is obliged to begin investigations the German Ministry of Defense. The Yemeni army. By allowing this impunity, the into those most responsible for this violence claimants demanded that Germany prohibit In November 2002, the families of Benchellali Colombian state fails in its obligations under within the government and military leadership. the use of Ramstein in drone attacks in Yemen. and Sassi had lodged a criminal complaint national and international law to adequately regarding torture, abuse and arbitrary detention. protect women from sexualized crimes and Legal approach The court in Cologne decided that the case Since then, the French authorities have been to provide them with access to justice. Communication to the ICC on sexualized was admissible and also confirmed that investigating the US torture program in violence in the Colombian armed conflict Ramstein plays an important role in the US Guantánamo. With its decision to summon ECCHR and the Colombian organizations (April 2015). drone war. Nevertheless, the Court held that Miller, the court allowed a petition brought Sisma Mujer and Colectivo de Abogados Awaiting decision from the Office of the Germany was not obliged to ban the by Benchellali and Sassi. José Alvear Restrepo (CAJAR) submitted a Prosecutor. US from using the base to coordinate drone communication on sexualized violence in Communication to the ICC on violence strikes. The claimants from Yemen have ECCHR and the Center for Constitutional the Colombian armed conflict to the Internati- against human rights defenders and trade appealed to the Higher Administrative Court Rights in New York are assisting with the onal Criminal Court (ICC) in The Hague in unionists in Colombia (October 2012). and ECCHR and Reprieve will continue to proceedings. In 2014, the organizations April 2015. The communication set out six Awaiting decision from the Office of the support them by providing legal expertise submitted a legal brief to the investigating representative cases of sexualized violence Prosecutor. and research. judge and provided the appeals court with

22 II. International Crimes and Accountability 23 further information on Miller’s criminal ­administration of former US President George only investigate torture cases if the suspected torture and inhuman, degrading treatment. liability. The brief shows that the abuse in W. Bush. The charge is the war crime of perpetrators are Spanish citizens or resident British authorities have failed in their duty to Guantánamo qualifies as torture under interna- torture under Paragraph 8, Section 1 (3) of the in Spain. carry out adequate criminal investigations tional law, and also sets out in detail the German Code of Crimes against International into the torture allegations made against purported criminal liability of the commander. Law. Over the course of 2015, ECCHR provi- Through a cooperating lawyer in Madrid, members of its armed forces. In light of this Further documents set out Miller’s position in ded the prosecutor with further submissions on ECCHR and the New York-based Center for situation, ECCHR and the British group the US military chain of command and provide potential witnesses and suspects. Constitutional Rights have appealed the Public Interest Lawyers (PIL) submitted a information related to the US torture program decision to close the investigations. Spain’s communication to the ICC in January 2014. and illegal interrogation methods used at The German Federal Prosecutor has now set restrictions on the principle of universal The 250-page submission, similar to a criminal Guantánamo, obtained from the Senate Armed up a monitoring process on the matter of US jurisdiction violate the Convention against complaint, set out 85 representative cases of Services Committee on Detainee Treatment. torture, which includes the ECCHR’s criminal Torture and the European Convention on torture and abuse by British soldiers, showing complaint against senior US politicians, Human Rights. Moreover, in the Guantánamo that the acts amount to war crimes under Legal approach officials and military figures. The monitoring case, the court has ignored information Article 8 of the Rome Statute of the ICC. The Legal brief and supplementary information, process allows German authorities to gather presented by ECCHR’s cooperating lawyer in Court must therefore investigate the role of submitted to the Court of Appeal of Paris (cour and assess information that can be used to early 2015 that indicates Spanish nationals senior British military and civilian decision- d’appel de Paris) (February and March 2014). subsequently open formal investigations were also involved in carrying out the torture. makers who bear the greatest responsibility proceedings and gather evidence. for the systematic detainee abuse, such as In the Spanish proceedings, ECCHR is former British Army Chief Sir Peter Wall and Torture complaint: Legal approach representing Murat Kurnaz from Bremen, former Defence Secretary Geoff Hoon. Criminal complaint to the German Federal Germany, who was tortured at Guantánamo ­Germany must investigate Prosecutor at the Federal Court of Justice during his detention there between January The Chief Prosecutor’s team met with British Bush-era officials against former US officials, including CIA 2002 and August 2006. officials in June 2014, spoke with ECCHR head George Tenet, former Secretary of staff in June 2015 and travelled to the UK in The »architects« of the US torture program – Defense Donald Rumsfeld (December 2015). Legal approach October 2015 to view further evidence at politicians, officials, secret service agents, The proceedings are ongoing. Legal briefs and representation in Spain of PIL’s offices. In its annual report on prelimina- lawyers and senior military figures – should German former Guantánamo detainee Murat ry proceedings from November 2015, the be brought before the courts. CIA and military Kurnaz (since January 2011). Office of the Prosecutor at the ICC confirmed figures systematically abused detainees in US it was continuing to assess ECCHR and PIL’s detention facilities in Guantánamo (Cuba), Spain turns its back on communication on the UK. Abu Ghraib (Iraq), Bagram (Afghanistan) and universal jurisdiction: secret prisons around the world. The US Milestone for internatio- Legal approach Guantánamo torture authorities and the current administration have nal justice: International Communication to the ICC (January 2014). no shortage of evidence proving these claims, ­investigations to close Preliminary examination by ICC prosecutors especially since the December 2014 publication Criminal Court examines is ongoing. of the Senate Armed Services Committee For years, Spain was a leading example in the case on UK torture in Iraq report on CIA interrogation techniques. transnational prosecution of crimes against However, no steps have yet been taken in the humanity. This came to an end, however, in No politician or military figure from a Western US towards the prosecution of those most 2014, when the governing conservative party state has yet to face charges for war crimes Complaint on push- responsible for these crimes. As a result, effectively abolished the principle of universal before the International Criminal Court (ICC) backs: European Court ECCHR advocates legal action under the jurisdiction in Spanish law. This change has in The Hague. In a significant step in May of Human Rights exami- principle of universal jurisdiction. Directly had a major impact on Spanish investigations 2014, the Office of the Prosecutor opened following the publication of the report on into US torture in the »war on terror«. In July preliminary examinations concerning the nes Spain’s illegal border CIA torture, ECCHR submitted a criminal 2015, after six years of criminal investigations, United Kingdom into systematic torture and actions complaint to the German Federal Prosecutor the Spanish National Court decided to halt its abuse of detainees in Iraq by British soldiers in Karlsruhe against former CIA head probe into US torture at Guantánamo. The between 2003 and 2008. Allegations include The systematic push-backs of asylum seekers George Tenet, former Secretary of Defense decision came in response to a change in the the use of mock executions, prolonged sleep at the Spanish-Moroccan border violate human Donald Rumsfeld and other members of the law whereby Spanish authorities may now deprivation, sexual abuse and other forms of rights. This was confirmed over the course of

24 II. International Crimes and Accountability 25 26 27 2015 in a number of expert legal opinions Legal approach proceedings in Spain against Guardia Civil Bahraini royal family have been involved in issued by groups including the UN High Individual complaints from two refugees officials, as well as legal assistance to the the torture of regime critics. For example, Commissioner on Human Rights, the Office against Spain, submitted to the ECtHR Spanish organization Observatori DESC, witness statements indicate that, following of the UN High Commissioner for Refugees, ­(February 2014). which is acting as a joint party to the protests for reform in spring 2011, Prince the Council of Europe’s Commissioner for The proceedings are ongoing. ­proceedings. Nasser bin Hamad al Khalifa threatened and Human Rights, Amnesty International and the Appeal against the decision to close investiga- beat detainees. The Prince may face criminal Spanish refugee organization CEAR. These tion (October 2015). prosecution in the UK after the High Court in legal opinions support two complaints against London lifted his immunity in October 2014. Spain submitted by men from Mali and the Fatal »border protection« ECCHR initiated and supported that case with Ivory Coast, with support from ECCHR, to the action: Spanish judge legal dossiers. Legal action on torture in European Court of Human Rights (ECtHR) in closes proceedings on Strasbourg in February 2015. ECCHR coopera- Bahrain: Criminal com- Legal approach police operation against ting lawyers from Madrid and Hamburg plaint against Bahrain’s Criminal complaint to public prosecution represent the two men in the proceedings. refugees authorities in Berne against Bahrain’s Attorney Attorney General during General Al-Buainain (September 2015). Along with other migrants and refugees from At least 15 people died and many others were Swiss visit Further submissions on potential evidence sub-Saharan Africa, the two complainants injured in an operation by Spanish border (November 2015). crossed into Spain in August 2014 via the guards on 6 February 2014 at the border Investigation opened but no will to question: The proceedings are ongoing. Melilla border installations at the Spanish- between Morocco and the Spanish enclave of Swiss authorities were half-hearted in their Moroccan border. Spanish border officials Ceuta. The Guardia Civil, Spain’s paramilitary response to a criminal complaint against the Two dossiers for the UK Prime Minister, the immediately deported the people who had police unit, used tear gas, rubber bullets and Bahraini Attorney General Ali Bin Fadhul Foreign Office and the Crown Prosecution crossed, sending them back to Morocco batons against a group of roughly 400 refugees Al-Buainain concerning his role in torture. Services (July 2012). Participation as an without asking who they were or where they who were trying to swim across the border to In September 2015, a Bahraini-born man in interested party in the proceedings concerning were from. Those who had crossed were Spain. To date, there have been no criminal or exile in the UK, who had been tortured in Prince Nasser’s immunity. given no chance to apply for asylum, and no even political consequences for this lethal 2010 while detained in Bahrain, called on chance to appeal the deportation. This case is »border protection« action. The Spanish the prosecution authorities in Berne to open representative of a trend of similar push-backs government did not admit that rubber bullets investigations into Al-Buainain’s role in the at the border in breach of the human rights had been used to prevent people from crossing torture and to arrest him. The complaint was Bombing civilians and obligations of Spain and other EU states. the border until several videos and reports filed in advance of the Bahraini Attorney sexualized violence: No from eye witnesses emerged. Spanish authori- General’s attendance at a meeting of the In July 2015, the ECtHR called on Spain to ties finally questioned 16 Guardia Civil International Association of Prosecutors in prospect of action on give further information on the practice of officers about the incident in March 2015 – Switzerland. Under the UN Convention crimes committed during push-backs, as well as specific information more than a year after the tragedy. The Ceuta against Torture, Switzerland is obliged to and after Sri Lankan on the incident that occurred in August 2014. investigating judge found that the Guardia comprehensively investigate such accusations. The Spanish government was asked, in Civil did not bear responsibility for the death However, the Swiss authorities did not civil war particular, to set out its legal basis for the of the refugees. The judge decided that the confirm receipt of the case until a week after collective push-backs or »devoluciones en brutal action against the refugees in the water it had been submitted, by which point the Civil war raged in Sri Lanka for almost 30 caliente« (»hot returns«), as the measures had been legal and proportionate, and that Bahraini Attorney General had already left years. More than 40,000 people were killed in are known in Spain. there had been no obligation to implement Switzerland. The prosecutor rejected the the final offensive by government forces in the rescue measures. The investigation was closed request to summon Al-Buainain. first half of 2009 alone. Many of them died In Spain, the ECtHR complaints attracted in October 2015. ECCHR’s cooperating lawyer when civil protection zones and hospitals were much attention from the media, as well as in Madrid lodged an appeal against the closure ECCHR initiated the complaint and is sup- bombed. Women and girls were subjected to from lawyers and politicians. The aim of of the investigation, which is still pending. porting the investigation proceedings together sexualized violence throughout and following the case is to help refugees enforce their right with the Bahrain Institute for Rights and the civil war. This ongoing form of violence, to have rights and to put an end to human Legal approach Democracy (Bahrain / UK), REDRESS (UK) primarily directed against Tamil women, arises rights violations occurring along the EU’s Legal assistance to survivors and witnesses of and TRIAL (Switzerland). ECCHR also has from the heavy militarization of northern and external borders. the 6 February 2014 incident in criminal grounds to believe that members of the eastern Sri Lanka. To date, the Sri Lankan

28 II. International Crimes and Accountability 29 government has failed to adequately investigate and evidence, as well as accompanying witnes- request by submitting a legal opinion and Legal approach suspected war crimes related to the civil war, ses giving testimony to UN bodies (since 2009, warning the prosecution in Krefeld of the Assisting possible witnesses and liaising including allegations of sexualized violence. In ongoing). flight risk posed by Hopp. with the German Federal Prosecutor May 2015, the Sri Lankan government, led by (since 2011, ongoing). the new President Maithripala Sirisena, appoin- Legal approach ted Major General Jagath Dias as Army Chief Torture and sexual abu- Criminal complaint against Hartmut Hopp, of Staff. Dias served as Deputy Ambassador to submitted to the prosecution authorities in Germany, Switzerland and the Vatican until se: German authorities Krefeld (August 2011). Written submissions, 2011. He was recalled from his post amid must advance legal including on Hopp’s flight risk (July 2015). allegations – detailed in a dossier by ECCHR – The proceedings are ongoing. that he was responsible for war crimes. proceedings on Colonia Dignidad crimes Since 2009, ECCHR has been working on the criminal liability of senior military figures For years, German criminal justice authorities International crimes in for war crimes, crimes against humanity and have neglected proceedings dealing with the sexualized violence against women in Sri crimes of Colonia Dignidad, a German sect in Syria: Documentation for Lanka. Since 2013, ECCHR has been in Chile. Grave human rights violations were potential proceedings in dialogue with various bodies at the Office of committed over several decades at the enclave, Germany the UN High Commissioner for Human established in 1961 by German sect-leader Rights. We have passed on to UN investiga- Paul Schäfer. German and Chilean children tors our analyses concerning the liability of were systematically sexually abused in the All parties to the armed conflict in Syria governments and military figures, and we colony, and opponents of Augusto Pinochet’s violate basic human rights and the rules of have accompanied witnesses while they are dictatorship (1973-1990) were »disappeared«, armed conflict designed to protect the giving testimony at the UN. tortured and murdered there. In Chile, the civilian population. The grave breaches of legal action in response to the human rights human rights and international humanitarian In October 2015, ECCHR supported the violations at Colonia Dignidad and the sect’s law, particularly on the part of the Syrian recommendation of the UN High Commissio- collaboration with the Pinochet dictatorship regime, qualify as crimes against humanity ner for Human Rights to set up a hybrid has progressed over the past years. Hartmut and war crimes. They must be investigated special tribunal with international lawyers for Hopp – the sect’s doctor and right-hand man and prosecuted by authorities around the the investigation and prosecution of war to its leader Schäfer – was convicted in 2011 world. crimes in the Sri Lanka civil war. Experiences for aiding and abetting the sexual abuse of from countries like the former Yugoslavia, minors. Hopp avoided serving his sentence Since the beginning of the conflict, ECCHR Argentina and Chile show that national legal by fleeing to Krefeld, Germany, where he has has been monitoring whether and which systems initially tend to avoid proceedings been living ever since without interference human rights violations have been committed that are politically difficult and / or directed from the authorities. by the various parties to the conflict in against high-ranking perpetrators of war Syria. This includes crimes such as arbitrary crimes. In August 2011, ECCHR together with a detention, enforced disappearance, torture, cooperation lawyer submitted a criminal massacres and sexualized violence. Legal approach complaint against Hopp to the prosecution Dossiers on individual suspects from the Sri authorities in Krefeld, which then opened The aim of our work to date has been to Lankan armed forces, submitted to the formal investigations. The aim is to bring provide legal assistance to victims and German, UK and Swiss Foreign Ministries about progress in the German case, while also witnesses, as well as document crimes and (January 2011 and January 2012). contributing to the proceedings in Chile. gather evidence to facilitate potential criminal Reports on sexualized violence for, among proceedings in the future. Our work also others, the UN High Commissioner for Human In October 2014, the Chilean Supreme Court involves collaborating with an informal Rights (most recently, August 2013). requested that Hopp’s sentence be enforced network of organizations in Germany and Research and collection of witness testimonies in Germany. ECCHR supported the Chilean Europe that also work on these issues.

30 II. International Crimes and Accountability 31 III. Fighting back against trans­ national corporations – From the Global South to the courtrooms of Europe

In our globalized economy, transnational corporations and govern- ments work to dismantle barriers to trade so that commodities, data and money can flow more or less unfettered around the world. This system profits and promotes the interests of businesses in the Global North and elites in developing or newly industrialized countries. At the other end of the supply chain, however, millions of people in the Global South do not fare so well. Inherently unjust power imbalances in the globalized economic system result in recurring human rights violations. Many human rights abuses are attributable to transnational companies or their overseas subsidiaries and suppliers. This is the focus of the cases pursued by ECCHR in its Business and Human Rights Program.

Human rights violations in global corporate supply chains take many forms. In Pakistan, workers died in a fire at a textile factory because fire safety measures had been neglected. In Peru, people living near a copper mine became ill after pollution leaked into the groundwater. In Bahrain, critics of the regime were arrested and tortured after police used commercial surveillance software to tap their phones and com- puters. In these three examples, responsibility for human rights violations can be traced back to foreign companies in Germany, Switzerland and the UK, respectively. Taking legal action against transnational corporations for violations in their global supply chain is slowly becoming a more viable option. Social movements and NGOs from the Global South are increasingly using legal tools to address human rights violations involving foreign companies by taking action in the countries where these firms are headquartered. ECCHR sees itself as part of this movement and assists these political and social struggles by making strategic legal interventions in Europe.

At ECCHR, we aim to use legal mechanisms to help break down unjust economic, social, political and legal power relations around the world. Like our partners in the Global South, we reject the discourse and promises of voluntary corporate social responsibility, and instead side with the growing international consensus that views businesses, not only states, as bearers of human rights obligations. We are also aware of the obstacles facing victims when they take on foreign corporations

32 III. Business and Human Rights 33 to enforce their rights. But going to court is not the only option. In some OECD complaint as cases, lodging complaints with UN bodies or institutions like the OECD a legal tool: Interventions at the National Contact Points can be more useful than lawsuits or criminal National Contact complaints. The right legal approach depends on the political, economic Points on Guidelines for Multinational and social circumstances of a given case. This is our methodological Enterprises approach. Strategically, our legal interventions are not standalone cases, Any natural or legal person can lodge a complaint at one but representative cases of structural injustices that test fundamental of the OECD’s National legal questions. As such, they also aim to trigger broader political and Contact Points (NCPs) regarding the breach of the legal reform. Guidelines for Multinational Enterprises, regardless of whether the complainant has Selling surveillance technology to repres- been personally affected. sive regimes: UK reprimands German-British These OECD Guidelines oblige companies from software firm Gamma International signatory states to respect human rights in the course of foreign business operations. Surveillance, detention and torture are all closely linked in Bahrain. A complaint can be made to the National Contact Point in With just a few clicks, officials in the authoritarian kingdom can control the country where the company a computer or smartphone. Data obtained in this way is then used to is based or where it conducts business. The National Contact systematically monitor journalists, opposition politicians and human Point does not have the power rights activists. This spying often leads to arrests, torture, forced confes- to impose sanctions, but it can arrange mediation between the sions and jail sentences. Such digital surveillance is made possible by complainants / victims and the commercial software like the FinFisher Trojan, produced by the company. If no agreement is reached, the National Contact German-British company Gamma International. Gamma rejects any Point may issue a final report assessing the company’s legal liability for human rights violations committed through the use conduct. of its products, though the company’s customers include a number of repressive regimes in countries such as Ethiopia, Turkmenistan and The complaint Syria. Lax standards on the export of surveillance technologies allow against Trovicor and Gamma, produ- companies like Gamma to profit from human rights abuse. cers of surveil- lance software In February 2015, the OECD National Contact Point at the British In February 2013, ECCHR joined the Bahrain Center for Business Ministry found that Gamma was violating its human rights Human Rights, Bahrainwatch, Privacy International and obligations by exporting spy software to repressive regimes. This Reporters without Borders to was the first reproach of its kind to be leveled against a surveillance lodge complaints in Germany and the UK against Munich- technology producer. The NCP in Britain was reacting to a complaint based Trovicor GmbH and the submitted two years previously by ECCHR and partner organizations German-British Gamma Group. The complainants from Bahrain, the UK and Germany. The NCP called on Gamma – and argued that the producers of the other companies that belong to the group – to introduce effective spy software are partly responsible for Bahrain’s use mechanisms for human rights protection. The UK decision has far- of their software and technological know-how in reaching significance, as the comments on human rights due diligence monitoring and arresting obligations also apply to the Gamma subsidiary company FinFisher dissidents. The German National Contact Point Labs in Germany. dismissed the main elements of the complaint against Trovicor in December 2013. Justice, not handouts: Pakistan factory After failed mediation fire victims sue German clothing company attempts, the British NCP found in favor of the complainants in February In September 2012, a fire at the Ali Enterprises factory in Karachi, 2015. Pakistan left 260 people dead and 32 injured. The factory’s employees had worked for starvation wages under inhumane conditions to

34 III. Business and Human Rights 35 produce clothing for the Western market. German discount retailer KiK was the factory’s main buyer – KiK has stated that it bought 70 % of the goods produced there – and thus bore joint legal responsibility for the factory’s working conditions.

Those affected by the fire, refusing to see themselves as powerless victims, have taken KiK to court. In March 2015, with the support of ECCHR and German development organization medico international, four Pakistani claimants brought a lawsuit against KiK at the Regional Court of Dortmund in Germany. Muhammad Hanif, Muhammad Jabbir, Abdul Aziz Khan Yousuf Zai and Saeeda Khatoon are survivors and relatives of victims affected by the fire, and they are demanding € 30,000 each in damages for their pain and suffering. The court has accepted the case as admissible and is planning a hearing for 2016, in what is set to be a new precedent in German legal history and a strong signal to companies around the world.

Justice instead of handouts, legal liability instead of voluntary help: this is the demand at the heart of the case. In the immediate aftermath of the fire, KiK made some relief payments to survivors and the families of victims. In December 2012, it began negotiating a com- pensation package to cover the loss of income of the families’ main breadwinners. But in December 2014, the German company an- nounced it would not pay any damages for pain and suffering, and refused to agree on a figure for any long-term compensation. KiK rejected any legal responsibility for the deaths and injuries in the Karachi fire. The Baldia Factory Fire Affectees Association, a group set up by survivors and victims’ families, found this unacceptable. Since 2013, they have worked with ECCHR to take legal action against KiK.

The group chose the four members to lead its legal claim in Germany. Hanif, Jabbir, Zai and Khatoon see themselves as representatives of the roughly 100 members of their association. By bringing this lawsuit against KiK, they want to make it clear that transnational companies who profit from the exploitation of workers in South Asia’s textile industry bear part of the responsibility for working conditions in their overseas subsidiaries and supplier firms.

36 III. Business and Human Rights 37 Who determines the working the long-term effort of securing safe working conditions, as opposed ­conditions in South Asia’s textile to the adhoc responses that often follow factory fires and other disasters. ­industry? It’s a very topical debate, as made clear by the lawsuit taken against the German clothing discounter KiK by survivors and relatives of the There was a lot going on at ECCHR last week around the topic of victims of a factory fire in Pakistan. KiK vehemently rejects the com- working conditions in South Asia’s textile industry and particularly, pensation claims and stresses that the Code of Conduct it provided to factories that produce goods for the German market. It’s clear that the manufacturing company in Pakistan was exclusively »ethically there’s a real need here in Germany to talk about globalization and motivated,« not legally binding. Consequence-free moral commitment its various implications. Above all, we must learn to look beyond is an approach widely propagated by the KiKs of this world. With national borders and start to act on a European and global scale – its response, the German retailer has unwittingly shown exactly why whether the issue is the textile industry in South Asia, or refugees, German civil society and trade unions and victims in Bangladesh and or the global financial crisis. Pakistan are justified in calling for binding laws and state intervention.

An unabridged version of this text appeared in September 2015 on »Law and Subversion,« the weekly blog by ECCHR General Secretary Wolfgang Kaleck, on www.ecchr.eu/en/home.html Two people closely involved in work on the issue of transnational The blog appears every week in German under Recht Subversiv on ZEIT online and in Spanish in the opinion page companies and the South Asian textile industry spoke last week in ­Contrapoder of the online newspaper eldiario.es. Berlin. Mahmudul Hasan Sumon, a member of an activist anthro- pologist group in Bangladesh, described how, after a factory fire, he and his fellow campaigners worked to compile a list of all the workers who had been buried under the rubble, a task that the state should have carried out, but never did. Ali Karamat, a trade union activist from Karachi, spoke of the gradual disappearance of the state in ensuring textile industry safety, tracing this back to a restructu- The human and environmental cost of business: Switzerland to seek study on ring program by the IMF in the 1980s. As a condition for lending to ­environmental damage around Glencore ­Pakistan, the IMF demanded massive state austerity measures and mine in Peru the deregulation of the labor market, in part by restricting worker protection laws. Austerity and deregulation have contributed to the Mining projects in Africa, Asia and Latin America frequently lead to environmental damage, forced displacement and social conflicts. In fatal catastrophes in the textile industry in recent years. Both speakers such situations, the rights of local peoples are often sacrificed in the stressed that these incidents were not natural disasters, they were interests of corporate profit. ECCHR and its partner organizations have man-made. analyzed numerous such cases in a series of workshops on corporate liability for human rights violations. One example is the Tintaya It got particularly interesting when Sumon and Karamat addressed Antapaccay copper mine in Peru. The mine is run by the Swiss compa- ny Glencore plc, the world’s biggest commodity trading corporation. the role of Western NGOs that are active in their countries. Both For many years, people living close to the mine have complained of speakers were so polite as to avoid directly criticizing their (i.e. our) heavy metals polluting the water and associated health problems. involvement. But they oppose the notion of the »NGO-ization of the However, Glencore rejects any responsibility for the damage. Peruvian world« and stress that certain areas, like securing workplace safety or authorities have been delaying investigations into the causes of the pollution and also stalling on remedial measures. In 2012, two people establishing legal liability, are and should be the responsibility of the died when police brutally quelled a demonstration on the issue by state. From their perspective, strong unions are needed to undertake local inhabitants.

38 III. Business and Human Rights 39 40 41 In October 2015, we joined highly hazardous pesticides »Suspected of damaging the Together with affected communities and the organizations Multiwatch with other organizations from in the region without ensu- unborn child.« However, the from Switzerland and Derechos Humanos sin Fronteras and Cooper- Germany, Switzerland, ring that people are informed products it exports to India Acción from Peru, ECCHR submitted a report in May 2015 to the UN Malaysia and India to submit of the risks and necessary do not carry this warning. Special Rapporteur for the human right to safe drinking water and the a complaint to the WHO / FAO protection measures. In UN Working Group on human rights and transnational corporations. Panel of Experts on the doing so, Bayer and Syngenta The report called on the UN experts to examine whether Peru, business practices in Punjab, are in breach of FAO / WHO Switzerland and Glencore have breached the obligations set out in the India, of German company guidelines. In December UN Guiding Principles on Business and Human Rights. Peru and Bayer AG and Swiss firm 2015, we supported a comp- Switzerland are under an obligation to prevent water pollution by Syngenta AG. laint against Bayer submitted corporations in or from their countries. Glencore is obliged to ensure by the Indian civil society that its business activities do not result in environmental harm. Based on testimony from movement Swadeshi Andolan local farmers, the complaint to the Indian Ministry of Switzerland reacted promptly to the complaint. In June 2015, the showed that Bayer and Agriculture concerning the Swiss Federal Council announced it was prepared to support an Syngenta endanger tens of pesticide Nativo. In Europe, international study to explore the potential responsibility of Glencore thousands of people in Bayer sells Nativo with for the environmental damage, provided the Peruvian government Punjab. Both companies sell the obligatory warning: was also involved. Glencore continues to deny any responsibility for the environmental and health problems around its mine in Peru.

New focus area Analysis

»Pesticides«: in the Global South. In India research trips in India and the The murder of view of the transnational despite their knowledge of Legal tools to and other countries, internati- Philippines since 2013. Nestlé worker corporations operating there. the situation. challenge double onal corporations frequently Romero in Romero’s murder came after standards of sell pesticides that are strictly Wrongdoing by agrochemical ­Colombia – A case a number of death threats The Swiss authorities were international regulated or even banned in companies has, to date, rarely the judiciary in were made against him. Both clearly reluctant to take on agrochemical the Global North without come before the courts. The ­Europe refused the Nestlé subsidiary in this complex case. First, the companies ensuring adequate knowledge liability of pesticide produ- to tackle Colombia and the parent prosecution authorities in of the products’ risks. In cers for health and environ- company in Switzerland the Swiss canton of Zug In Europe and North America doing so, the companies often mental harm has been In September 2005, Colombian knew of these threats. In refused to accept jurisdiction it goes without saying that a fail to comply with both recognized in only very few paramilitaries kidnapped, March 2012, ECCHR and the over the case. Then, the pesticide may only be sold if local guidelines and internati- cases. To over­come this tortured and murdered Colombian trade union cantonal court of Vaud the producer explicitly warns onally recognized standards. legal shortcoming, ECCHR Luciano Romero, a trade Sinaltrainal submitted a denied Romero’s impoveris- the consumer and public of When it comes to the rights uses innovative legal tools unionist, human rights criminal complaint against hed widow the legal aid the product’s risks. For many to health, life and the preser- such as interventions at UN activist and former employee Nestlé in ­Switzerland. The needed to cover her legal pesticides, consumers need vation of natural resources, bodies, like the Panel of of Nestlé subsidiary Cicolac. organizations argued that the costs. In July 2014, after official safety certification it seems that the law does not Experts on Pesticides Ma- This was not an isolated company itself, as well as more than 28 months of before purchasing them. It’s apply equally to all. This is nagement of the World ­incident; for years, Colombian some of its senior managers, inaction by prosecutors, the different, however, when clear from several cases Health Organization (WHO) trade unionists have been contributed to Romero’s Swiss Federal Supreme international agrochemical examined by ECCHR in and the UN Food and Agri- threatened and in some cases murder by failing to take Court rejected a complaint companies sell their products international workshops and culture Organization (FAO). murdered, often in plain measures to protect him brought by the widow

42 III. Business and Human Rights 43 against the closing of the More and more, cases like proceedings, declaring that these are coming before civil the case was now time-barred. courts around the world, The only remaining option including a lawsuit in Canada was to go to the European against the mining compa- Court of Human Rights. In nies Hudbay Minerals and March 2015, the ECtHR Tahoe Resources. While rejected the complaint there was no courtroom win against Switzerland on the for the claimants in the Nestlé / Romero case, wit- Nestlé case, an international hout giving any reasons jurisprudence is starting to for its decision. emerge for holding transna- tional companies to account The Nestlé / Romero case, for human rights abuses. like many other strategic This development should not litigation efforts, shows that go unnoticed by the courts cases seeking redress for in Switzerland and further structural human rights afield. violations rarely lead to wins in the short term. Immediate victories in such cases are unlikely because they challenge a whole system, in this case, the lack of accoun- tability for international corporations that do business in conflict regions. But the success of strategic litigation is not determined in the courtroom alone. Cases like the one brought against Nestlé aim towards long-term and far-reaching political and legal transformation.

ECCHR’s case against Nestlé broke new legal ground. For the first time in Europe, a legal construction was developed that allowed for the criminal liability of parent companies for human rights violations at their overseas subsidiaries. The legal questions raised by the case were discussed in many academic circles.

44 III. Business and Human Rights 45 BUSINESS AND HUMAN RIGHTS: CURRENT CASES

submitted a legal opinion to the High Court of Sindh in Karachi in criminal proceedings Legal liability, not against the factory owners. The submission ­voluntary standards: called for the investigations to be expanded to include KiK and the Italian certification Victims of Pakistan company Rina. ­factory fire sue German textile company The legal interventions against KiK serve as a signal to other companies around the world Producing textiles for the Western market that corporations will be held to account for often comes at a cost to the health and lives their responsibility in ensuring adequate of workers in South Asia. In one of many working conditions in their overseas subsidia- similar examples, 260 workers died and 32 ries and supplier companies. were injured when a fire broke out at the Ali Enterprises textile factory in Karachi, Pakistan Legal approach on 11 September 2012. The German firm KiK Civil lawsuit against KiK at the Regional was the factory’s main buyer. Although KiK Court in Dortmund seeking fair compensation made voluntary relief payments immediately (March 2015). after the fire, the company refuses to accept The proceedings are ongoing. liability for the catastrophe. The survivors Hearings are due to take place in 2016. and relatives of those killed continue to suffer from the effects of the disaster. The Baldia Amicus curiae brief in criminal proceedings Factory Fire Affectees Association, a local in Pakistan against the owners of Ali group of survivors and victims’ families, ­Enterprises (May 2014). ­decided they are no longer willing to accept a The proceedings are ongoing. situation in which a company profits from the exploitation of workers, but avoids any responsibility for their safety. In March 2015, More for show than four members of the group brought a civil compensation claim against KiK in the ­safety: Complaint on Regional Court of Dortmund in Germany, textile industry safety seeking € 30,000 each in damages. certifications

Since 2013, ECCHR has been working with Certificates attesting to safety and working medico international, Pakistani partner conditions in the textile industry are good organizations and affected families on legal for a corporation’s image, but are often of action in the aftermath of the fire. In May little use to workers in global production 2014, prior to the lawsuit in Germany, ECCHR and supply chains. This was made all too

46 III. Business and Human Rights 47 clear by the collapse of the Rana Plaza the Bahrain Center for Human Rights, manager. The attack on the village came after factory complex in Dhaka, Bangladesh on Bahrainwatch, Privacy International and a dispute had occurred between the villagers 24 April 2013, which killed more than 1,130 Surveillance tech aiding Reporters without Borders. The complaint and the company over its investment in people and left more than 2,500 injured. repression: Rebuke of accused Gamma of complicity in the arrest, social and infrastructure projects. The Danzer detention and torture of oppositionists and representative responsible for commercial Just a few months before the catastrophe, German-British software regime critics in Bahrain through the supply activity in Africa, a manager from Germany, the German technical inspection company producers of spy software and technical support. should have given staff in the Congo clear TÜV Rheinland carried out what is known directions for handling such conflicts, as a »social audit« of the production facilities Many authoritarian and repressive regimes Legal approach explicitly forbidding collaboration between at Phantom Apparel Ltd. The company use systematic surveillance of telecommuni- Complaint to the British OECD National company staff and state security forces, failed to identify any problems with building cations as a means to repress their critics Contact Point against the British-German which are notorious for their involvement­ in safety documentation and failed to adequately and opponents. The spy software and tech- Gamma International Group (February 2013). brutal attacks and sexualized violence. examine other deficits. TÜV Rheinland was nological support needed to conduct such The NCP agreed with the complainants that appointed as the auditor of the factory surveillance is often provided by Western Gamma violated its human rights obligations, Together with the British human rights complex by a member of the Business companies like Gamma International. This for which the company lacks any evaluation organization Global Witness, ECCHR sub- Social Compliance Initiative (BSCI). The German-British producer of surveillance standards. mitted a criminal complaint in Germany BSCI, a corporate platform of the Foreign software has done business with countries against the Danzer manager in April 2013. Trade Association (FTA), is supposed to like Bahrain, Turkmenistan and Syria for The charge was aiding and abetting, through monitor and improve safety and working years. Information from Bahraini and UK omission, rape, bodily injury, false imprison- conditions. human rights activists has confirmed that Police and army ment and arson. Prosecution authorities in Bahraini authorities use the FinFisher Tübingen opened an investigation, only to In July 2015, ECCHR, FEMNET, the Clean Trojan, a surveillance software suite marketed at work for close the case in March 2015. They failed, Clothes Campaign, medico international by Gamma, to spy on critics of the regime. corporations: German however, to take into account key pieces of and the Activist Anthropologist group from They then use the data obtained from this authorities ignore evidence, such as witness and victim state- Bangladesh submitted a joint complaint to surveillance to make arrests and coerce ments from two Congolese investigations. the BSCI. Together we called for the disclo- confessions. evidence from the In October 2015, the Federal Prosecutor in sure of the auditing contract and the reports DRC in case Stuttgart confirmed the Tübingen on Rana Plaza that had been completed by Under the Guidelines for Multinational against German-Swiss prosecutor’s decision. TÜV Rheinland and others. We also called Enterprises of the Organisation for Economic for a fundamental overhaul of the approach Co-operation and Development (OECD), timber firm Legal approach used for inspection reports. Most importantly, companies from signatory states are obliged Criminal complaint in Germany against we argued that it should be easier to hold to respect international human rights standards Transnational corporations must ensure that Danzer’s Africa manager (April 2013). certification companies and those commis- in any foreign business dealings. In February any subsidiary companies operating in areas The proceedings were closed. sioning them liable for negligence or other 2015, the National Contact Point (NCP) of of armed conflict do not contribute to human lapses in social auditing reports. the OECD in the UK confirmed that Gamma’s rights violations through collaboration with provision of surveillance software and local security forces. The case of the German- At a meeting with ECCHR in November technical support to state authorities known Swiss timber company Danzer in the 2015, representatives from the BSCI and the to use them for repression violates the ­Democratic Republic of Congo (DRC) Flooding in Sudan: FTA acknowledged that the question of company’s human rights obligations. The demonstrates the need for such measures. Standstill in investigation liability and sanctions against certification NCP called on the company to implement In May 2011, soldiers and police officers companies needs to be resolved. effective standards for the protection of raided a village in the north of the country, into Lahmeyer managers human rights, including at its subsidiary where eyewitnesses say the forces abused Legal approach company FinFisher Labs in Germany. village inhabitants and raped several women Companies involved in overseas infrastructure Complaint to the BSCI on sanctions for TÜV and children. The forces used vehicles from projects in politically unstable countries may Rheinland’s negligent audit report (July The NCP’s decision came in response to Siforco S.A.R.L. – at the time a Danzer not rely on national authorities when it comes 2015). Further talks are planned between a complaint against Gamma submitted in subsidiary – and were provided with fuel, to fulfilling human rights obligations. If the ECCHR and the BSCI / FTA. December 2013 by ECCHR, along with drivers and money by a local company state fails, for instance, to adequately organize

48 III. Business and Human Rights 49 a resettlement program for the population due Legal approach organization from Punjab), in October 2015 to be displaced in a dam project, then the Complaints to the UN Special Rapporteur for to the FAO / WHO Panel of Experts on Pesticide company building the dam must still ensure Mining takes human the human right to safe drinking water and Management. that the rights of local people are not violated. the UN Working Group on human rights and This was not done during the construction and environmental toll: transnational corporations (May 2015). In ECCHR’s view, the report shows that of the Merowe dam in northern Sudan. This Peru, Switzerland and The proceedings are ongoing. business practices carried out by transnational case illustrates the risks to economic and Swiss firms face chemical giants in India violate the FAO Code social rights posed by these kinds of corpo- of Conduct on Pesticide Management. In the rate projects. criticism report, ECCHR and its partners argue that Double standards in Bayer and Syngenta must take the necessary The engineering company Lahmeyer Inter- For years now, residents in the area around steps to ensure compliance with the Code of national from Bad Vilbel in Germany plan- the Swiss mining company Glencore’s the sale of pesticides: Conduct, including, if necessary, halting the ned and directed the construction and early Tintaya Antapaccay copper mine in Peru Bayer and Syngenta sale of the pesticides in question. The FAO is operations of the Merowe / Hamadab dam have complained about heavy metals in their endanger tens of also called upon to examine the business and an adjacent hydropower plant. Lahmey- rivers, drinking water and urine. The company practices of both companies in India. er launched operations at the power plant in rejects any responsibility for mine-related thousands of people 2008, despite the fact that the Sudanese health problems and water pollution. Mean- in India Legal approach government had not completed negotiations while, the Peruvian government has failed Report to the FAO / WHO Panel of Experts on with the affected population on resettlement to investigate the causes of the water pollution Large transnational pesticide producers like Pesticide Management (October 2015). plans, as stipulated by the international and also failed to implement measures to Bayer, Syngenta and Monsanto distribute Proceedings are ongoing. standards set by the World Bank. The rising remedy the ecological and social problems their products around the world through water levels in the dam reservoir displaced in the region. On the contrary, in 2012 police numerous subsidiaries. In Europe and North 4,700 families from more than 30 locations brutally suppressed a protest by those living America, the use of these chemicals is strictly in the region. The people were literally close to the mine. To date, Switzerland, where controlled. In the Global South, however, flooded from their villages, losing their Glencore’s headquarters are based, has varying approval mechanisms and the inade- houses, their crops and their animals. failed to examine the company’s potential quate implementation of these systems put involvement in causing environmental individuals and the environment at risk. Together with representatives of those damage in Peru. Pesticide producers are rarely held to account displaced, ECCHR submitted a criminal for the consequences of their negligent complaint in May 2010 against two In response, ECCHR worked with the orga- practices in the Global South, in large part Lahmeyer managers. Since then investiga- nizations Multiwatch (Switzerland), due to their global organizational structures. tions by prosecutors in Frankfurt have Derechos Humanos sin Fronteras (Peru), But there are some ways of addressing their been slow to progress. In the hopes of CooperAcción (Peru) and individuals affected responsibility, including through complaints speeding up investigations, one of the by the mine pollution to submit a legal to international bodies like the UN Food criminal complainants and two additional report to the UN Human Rights Council’s and Agriculture Organization (FAO) and the Sudanese activists travelled to Germany special procedures in May 2015. Now UN World Health Organization (WHO). in December 2015 to present evidence experts must clarify whether Glencore, Peru and witness statements to German authorities and Switzerland have violated the UN In Punjab, India, Bayer and Syngenta sell in person, as part of the proceedings against Guiding Principles on Business and Human highly hazardous pesticides, but fail to ensure Lahmeyer. They also named possible Rights. that farmers are adequately informed of the witnesses in and from Germany. dangers and necessary protective measures Switzerland is now prepared to support an involved in pesticide use. These failures are international study to look at Glencore’s set out in a report submitted by ECCHR, Legal approach potential responsibility. This emerged from together with Bread for the World (Germany), Criminal complaint in Germany against the Swiss Federal Council’s answer to a the Berne Declaration (Switzerland), Pesticide two Lahmeyer managers (May 2010). query from the Swiss Social Democratic Action Network Asia Pacific (Malaysia) and The proceedings are ongoing. party in June 2015. the Kheti Virasat Mission (an organic farming

50 III. Business and Human Rights 51 52 53 current problems and fundamental questions of law supplement the IV. Education, collaborative learning program and also serve to trigger and advance important political debate. The same is true for other aspects of the program like ­learning and networking – Strengthening the Human Rights Cinema viewings organized by the participants, and alternative tours of Berlin arranged by program staff. All Education the human rights work of tomorrow Program elements have one thing in common: they strive to broaden the participants’ perspectives beyond traditional approaches to legal work.

At ECCHR, we look to build a growing network to share and develop The next generation: Internships and our motivation, knowledge and innovative approaches to conducting fellowships human rights work. With this in mind, ECCHR’s Education Program focuses on training, networking and collaborative learning. At any one time, there are up to eight Legal Trainees working on practical casework at ECCHR as part of the Legal Training Program. To ensure the future of progressive human rights work, we take part in Working with support from the ECCHR team and external trainers, an ongoing learning process together with young lawyers and our the trainees acquire legal skills and a critical analysis of the politics Education Program international colleagues. We aim not only to pass on legal knowledge, involved in human rights lawyering. In the course of their casework, Activities in 2015 (selection) but also to deepen and advance important strategic and political they are in regular contact with people affected by human rights Storytelling debates. To this end, we dedicate a large part of our resources to buil- violations and with legal experts working on these issues. Prof. Dr. Nora Markard, ding a global platform for collaborative and interdisciplinary learning. University of Hamburg We are always working to maintain a network in which participants In 2015, thanks to the generous support of the Bertha Foundation, (Germany) can share experiences, knowledge and ideas. The Education Program ECCHR welcomed two new Bertha Fellows to work in the International Prof. Dr. Manfred Nowak, University of Vienna (Austria) offers a Legal Training Program, two-year Bertha Fellowships for Crimes and Accountability Program for the next two years: Alejandra Karamat Ali, Pakistan Institute particularly talented young lawyers and an international exchange Muñoz Valdez, whose work focuses on sexual violence in conflict, of Labour Education and program for colleagues from our partner organizations (Bertha Global and Hanaa Hakiki, who works primarily on migration issues. Christian Research, Karachi (Pakistan) and Mahmudul H Sumon, Exchange). After their stay at ECCHR, all participants of the Education Schliemann continues to work as a Bertha Fellow in the Business and Activist Anthropologist, Program are encouraged to stay involved through our active alumni Human Rights Program, which he joined in 2014. Since mid-2015, Dhaka (Bangladesh) network. ECCHR’s first Bertha Fellow, Annelen Micus, has been working as an Kranti LC, Director of Human Rights Law Network, international specialist at our partner organization CAJAR in Colombia. Mumbai (India) A platform for mutual and interdisciplinary Baher Azmy, Legal Director, learning An international discourse: Global Ex- and Aliya Hussein, Advocacy change, the Bertha Network and ECCHR Director, Center for Constitutional Rights, New In 2015, we worked intensively on our Education Program curricu- alumni York (USA) lum and further developed the syllabus for trainees, staff and Ali Askouri, social and ­partners. The Bertha Global Exchange network provides a unique opportunity political activist (Sudan) for global networking. Through this program, ECCHR can invite staff Workshops Education Program participants work with ECCHR staff to gain from our partner organizations to come to Berlin and work on joint comprehensive insight into individual cases and program areas, as transnational projects. Over the past years, we have hosted colleagues Strategic Corporate Research Training, Benjamin Cokelet, well as the overall philosophy of our work. By engaging with from China, India, Colombia, Malaysia, Spain, Switzerland and Palestine PODER, Mexico City (Mexico)

ECCHR colleagues in other parts of the world, our Education Program through the Bertha Global Exchange network. In 2015, we focused on Exposing the Invisible: DIY participants get firsthand experience of global human rights work. strengthening our work with CenterLaw in the Philippines. During a Investigations, Marek Tuszynski, Gabi Sobliye and Participants learn to critically assess legal work and hone their two-month Global Exchange at ECCHR, CenterLaw lawyer Zharmai Bobby Soriano, Tactical understanding of the political and socio-economic contexts of our Garcia worked on strategies for advancing current cases in the areas of Technology Collective, Berlin (Germany) cases. sexual violence in conflicts and the negative effects of pesticides. Human Rights Lawyering in Practice: Dealing with Victims Regular events hosted by the Education Program include discussions, ECCHR staff also took part in the Bertha Justice Initiative’s Education and Power, Claudia Müller-Hoff, ECCHR / CAJAR, storytelling and workshops with partners. Weekly trainee meetings on Mapping meetings at CAJAR in Colombia and at the Earth Rights Bogotá (Colombia)

54 IV. Education Program 55 Mekong School in Thailand. This network, supported by the Bertha Legal Trainee meetings Critical debate: Helping to shape human »Unbowed–Erguida«: Letters and poems ICC Communication on Foundation, is made up of 16 organizations that, like ECCHR, take a rights by female lawyers sexual and gender-based legal approach to their human rights work and also offer education violence in the Colombian One lawyer writes a letter to programs. conflict, Laura Melera and ECCHR’s approach – strategic legal intervention – goes beyond the an unknown human rights Alejandra Muñoz Valdez defender, while another application of legal tools. We aim to further develop the law and its addresses a close friend, and a The upcoming Hissène third composes a poem for her Since 2008, a total of over 350 young human rights defenders from Habré trial, Cannelle Lavite interpretation through debate with practitioners, experts and academics. daughter. These and other texts were published in September more than 35 countries have taken part in ECCHR’s Education Drones before German To do this, we work with universities in different ways: ECCHR 2015 in Unbowed–Erguida, administrative courts – Program as trainees, fellows or as part of an exchange. This unique staff offer seminars and work with law clinics, through which law a booklet by the Women Invoking Germany's duty to Working Group of the Bertha network of alumni meets every November in Berlin. In 2015, the prevent US drone warfare via students look into legal problems connected to ECCHR casework. Justice Initiative, a group of 15 German territory, Olaf Seiring fourth annual alumni conference brought together over 80 alumni, We also work with faculties to organize joint events to foster academic female human rights lawyers current trainees, fellows and international partners from 20 countries. Ireland v. United Kingdom discourse around emerging topics in international law. from nine countries across five Revisited – Torture and the continents. ECtHR, Linde Bryk In 2015, we worked on projects with: NYU School Of Law, Center Unbowed–Erguida is the joint Pesticides: Production in work of these lawyers. In Europe, Harm in Asia. Are for Human Rights and Global Justice (New York City); European letters and poems in English there any legal avenues in University Institute (Florence); Goldsmith University, Forensic and Spanish, they describe European and German Law?, how they challenge power Anna Schwarzmann Architecture Project (London); Freie Universität Berlin, Chair for structures in patriarchal, capitalist and racist societies. Criminal Law, Criminal Procedural Law, Corporate Criminal Law Each author sets out her own Human Rights Cinema and Environmental Criminal Law (Berlin); Hertie School of Gover- personal thoughts on resistance and oppression, triumph and Lighter than Orange nance (Berlin); Humboldt University, Humboldt Law Clinic Grund- defeat, pain and love. (by Matthias Leupold) und Menschenrechte (Berlin); Leiden University, Grotius Centre for Annual alumni conference 2015, Picture: ECCHR/Mohamed Badarne The contributions come from The Square (by Jehane International Legal Studies (Leiden); Ludwig Boltzmann Institut für colleagues from the Bertha Noujaim) Foundation (UK), the Center Menschenrechte (Vienna); Technische Universität Dresden, Law for Applied Legal Studies No Fire Zone: The Killing Faculty (Dresden); University of Essex, Transnational Justice (South Africa), CAJAR Fields of Sri Lanka (Colombia), CenterLaw Multidisciplinary approach: Law in context (by Callum Macrae) Network (Colchester); University of Hamburg, Chair in Criminal (Philippines), EarthRights Law, Criminal Procedure, International Criminal Law and Modern (Peru), Legal Resources Center (South Africa), ECCHR sees law as just one of many tools in the global struggle for Legal History (Hamburg); Universität Regensburg, Chair of Public ProDESC (Mexico), Legal Cooperation with universities human rights. Through the Education Program, we aim to facilitate Law and Policy, especially European, International, and Comparative Studies (South Africa) and Strategies for Legal Intervention ECCHR. The Education the interplay between different subject areas, disciplines and methods. for Social Change in Global Law (Regensburg); Université libre de Bruxelles (Brussels); the Program at ECCHR One method used more often by ECCHR over the past two years is Supply Chains, Seminar at the Centre of European Law and Politics (Bremen). coordinated this Bertha Justice Hertie School of Governance, Initiative publication and storytelling by lawyers from around the world. In 2015, Bertha Prof. Dr. Anke Hassel and Dr. presented the collection during Miriam Saage-Maaß the annual ECCHR alumni Fellows and ECCHR alumni took part in various audio-visual and conference in November 2015. literary projects that reflect our approach, focus areas and casework. Working Conditions at German Slaughterhouses, ECCHR project exploration The film A Hub for Human Rights Lawyering »by ECCHR alumnus with the Humboldt Law Clinic for fundamental and human Chris Patz was premiered at our annual alumni conference in November rights, Henrike Heusmann and 2015. The ten-minute video documents the 2014 alumni conference Philipp Schönberger from the perspective of our global network. Another film, Tackling Strategic Human Rights Litigation from a the Accountability Gap«, sets out the available legal tools for holding Practitioner’s Perspective, transnational pesticide companies to account for health and environ- seminar series for international relations students at the mental harms. The film, produced by the New Media Project from University of Dresden, Andreas Schüller, Dr. Nicolas New York, arose from an international workshop with partner organi- Bueno and Simon Rau zations from India, Malaysia, the Philippines, Germany and Switzerland. The short film Female.Radical.Lawyers. »and the collection of letters and poems entitled Unbowed – Erguida« document the first meeting of the Bertha Justice Initiative’s Women Working Group, a gathering of 15 human rights lawyers from around the world in autumn 2014 in Berlin.

56 IV. Education Program 57 A breath of fresh air at Germany’s »law on the books«; often only the mainstream doctrines are taught and law faculties alternative theories are ignored. There is almost no engagement with the question of how rights can actually be enforced in the prevailing It’s little wonder that German lawyers are somewhat underrepresented societal conditions, particularly the rights of the underprivileged. The in the international human rights law scene. For a long time, the subject legal training process in Germany, which is extremely lengthy by of human rights, particularly as provided for under international law, European standards, tends to produce utterly blinkered lawyers. All was almost entirely absent from legal education in Germany. This the more heartening, then, to see young and not-so-young lawyers, all is despite the fact that the European Court of Human Rights and the of whom have been through the maligned German university system, European Court of Justice have had a major influence on domestic create these new law clinic initiatives. cases in criminal law, labor law and immigration law. An unabridged version of this text appeared in December 2015 on »Law and Subversion,« the weekly blog by ECCHR General Secretary Wolfgang Kaleck, on www.ecchr.eu/en/home.html The blog appears every week in German under Recht Subversiv on ZEIT online and in Spanish in the opinion page Five years ago, a law clinic on fundamental and human rights was set ­Contrapoder of the online newspaper eldiario.es. up at the Humboldt University in Berlin, the first law clinic in Germany explicitly focused on human rights. The law clinic movement comes from the Anglo-American legal system, where it has been a recognized element of law degree programs for decades. Students work on real- life cases along with professors, human rights organizations and civil rights and anti-discrimination lawyers.

The practical focus serves, of course, to better prepare students for the demands of the labor market. But it also has another purpose: hundreds of renowned civil and human rights figures have found their calling as progressive and pugnacious lawyers through law clinics and the collaborative work they did there.

Refugee law clinics have now been set up in many university towns in Germany, including Hamburg, Bremen, Regensburg and Berlin. This was badly needed, since the state authorities – those who are ­actually obligated to help – have long stopped offering adequate legal­ counseling to the thousands of refugees who have come to Germany.­ Immigration lawyers fluctuate between overwork and financial­ prob- lems. That’s where the law clinic movement comes in. Well-trained and supervised student advisors can reach out to more people, deal swiftly with administrative and simple legal issues, and filter out the particularly complex cases for referral to more experienced lawyers.

This voluntary extracurricular work also has a political dimension. Traditional legal training in Germany generally deals only with the

58 IV. Education Program 59 Peru: Water pollution around Glencore mine V. Appendix Complaint to UN Special Rapporteur concerning an examination of causes of water pollution near the Tintaya Antapaccay copper mine, the responsibility of the company Glencore CRIMINAL COMPLAINTS, PETITIONS AND (Switzerland) and measures to protect the local population. LEGAL BRIEFS Submitted on 22 May 2015 to the UN Special Rapporteur on the human right to safe drinking water and sanitation in Geneva (Switzerland).

INTERNATIONAL CRIMES AND ACCOUNTABILITY India: Sale of pesticides in Punjab Migration: Push-backs at the EU’s outer borders Complaint on the sale of pesticides without adequate safety warnings and protective clothing Human rights complaint against Spain from two refugees (N.D. and N.T.) after they were measures in Punjab (India) by Bayer CropScience (Germany) and Syngenta (Switzerland). Submitted on 12 October 2015 to the FAO/WHO Panel of Experts in Rome (Italy). summarily deported to Morocco from the Spanish exclave of Melilla without any due process or the chance to apply for asylum in Spain. and Revision petition on the opening of criminal proceedings against Bayer CropScience Submitted on 12 February 2015 to the European Court of Human Rights (ECtHR) in S trasbourg (France). (Germany) concerning inadequate health warnings on the packaging of the pesticide Nativo. Submitted on 16 December 2015 to the Ministry of Agriculture in New Delhi (India). Colombia: Sexualized violence Communication on sexualized violence perpetrated by armed forces in Colombia. Submitted on 27 April 2015 to the International Criminal Court in The Hague (the Netherlands).

Germany: Role in US drone war Appeal in administrative law proceedings brought by three Yemenis against the German Federal Government, represented by the Federal Ministry of Defense. Submitted on 2 June 2015 to the Higher Administrative Court of Münster (Germany).

USA: CIA torture Follow-up submission to a criminal complaint from 17 December 2014 on CIA torture. Submitted on 28 July 2015 to the Federal Prosecutor in Karlsruhe (Germany).

Bahrain: Torture Criminal complaint against the Bahraini Attorney General concerning torture. Submitted on 8 September 2015 to the prosecution authorities in Berne (Switzerland).

USA: Torture and secret detention Submission on the status of ongoing investigations in Europe in connection with US torture in Guantánamo, Afghanistan and Iraq. Submitted on 22 September 2015 to the United Nations High Commissioner for Human Rights in Geneva (S witzer- land).

BUSINESS AND HUMAN RIGHTS

Pakistan: Liability for textile factory fire catastrophe Lawsuit against German textile company KiK from survivors and relatives of victims seeking adequate compensation based on liability along the supply chain for the damage that followed a fire in the Ali Enterprises factory in Karachi (Pakistan). Submitted on 12 March 2015 to the Regional Court in Dortmund (Germany).

Bangladesh: Collapse of Rana Plaza textile factory Complaint to the Business Social Compliance Initiative (BSCI) based on the BSCI Code of Conduct concerning sanctions following a negligent audit report by TÜV Rheinland (Germany) for a producer in the Rana Plaza complex in Dhaka (Bangladesh). Submitted on 6 July 2015 to the BSCI in Brussels (Belgium).

60 V. Appendix 61 62 63 PUBLICATIONS

ECCHR publications ACADEMIC ARTICLES

ECCHR (ed.) Anna von Gall Dr. Miriam Saage-Maaß Andreas Schüller »OECD procedures regarding surveillance technology »Sexual and gender-based violence in the Colombian »Forging new legal ground: Why families & survivors »Strafverfolgung von Kriegsverbrechen – aktuelle and working conditions in Asia«, conflict should not get a raw deal before the Inter- of the Karachi factory fire could spell the end of volun- Verfahren in Deutschland und vor dem Internatio- Berlin, March 2015 national Criminal Court«, in: IntLawGrrls. Voices on tary corporate responsibility«, in: Business and Human nalen Strafgerichtshof«, in: Deutsches Rotes Kreuz, international law, policy, practice, blog June 2015 Rights Research Center (BHRRC), blog June 2015 Institut für Friedenssicherungsrecht und Humanitäres ECCHR, Humboldt Law Clinic Grund- und Völkerrecht (eds.) »Humanitäres Völkerrecht, Anna von Gall Dr. Miriam Saage-Maaß Informationsschriften«, Journal of International Law Menschenrechte and medico international (eds.) of Peace and Armed Conflict 3 / 2015, pp. 115-119 »Call for Justice for Colombian Conflict Sexual »Unternehmenshaftung – keine Frage der Freiwillig- »Das Recht der Schwächeren – Veranstaltungs­ Violence Survivors«, in: The International Campaign keit!«, in: Konzernkritik: Möglichkeiten und Heraus- dokumentation«, Berlin, March 2015 to Stop Rape & Gender Violence in Conflict, blog forderungen, Dachverband der kritischen Aktionä- Dr. Carolijn Terwindt and Alejandra Ancheita June 2015 rinnen und Aktionäre (ed.) October 2015 pp. 8-9 »Auf dem Weg zu einer funktionierenden trans- ECCHR, FIDH and TRIAL (eds.) nationalen Zusammenarbeit auf Augenhöhe, in: »Make Way for Justice: Universal Jurisdiction Annual Anna von Gall Dr. Miriam Saage-Maaß and Maren Leifker Menschenrechtsbewegung in Deutschland. Wie weit Review 2015«, Geneva, April 2015 reicht der politische Einfluss?«, Forschungsjournal »Eine kritische Bestandsaufnahme des Kampfes »Haftungsrisiken deutscher Unternehmen und ihres Soziale Bewegungen 28 (4) 2015, pp. 56-65 gegen die Straflosigkeit für sexualisierte Gewalt Managements für Menschenrechtsverletzungen im ECCHR (Anna von Gall) and in bewaffneten Konflikten«, in: »Menschenrechts­ Ausland«, in: BetriebsBerater, 42 / 2015, Heinrich-Böll Stiftung (eds.) bewegung in Deutschland. Wie weit reicht der pp. 2499-2504 politische Einfluss?«, Forschungsjournal Soziale »Litigation (im)possible? Holding companies Bewegungen 28 (4) 2015, pp. 94-106 ­accountable for sexual and gender-based violence Dr. Miriam Saage-Maaß and Simon Rau in the context of extractive industries«, Policy Paper, »Transnationale juristische Kämpfe gegen Men- Berlin, June 2015 Carsten Gericke schenrechtsverletzungen durch Unternehmen, in: »Deutsche Verantwortung für völkerrechtswidrige Menschenrechtsbewegung in Deutschland. Wie weit Drohnenangriffe«, in: Grundrechte-Report 2015, Zur reicht der politische Einfluss?«, Lage der Bürger- und Menschenrechte in Deutschland, in: Forschungsjournal Soziale Bewegungen Frankfurt a.M.: Fischer Taschenbuch Verlag 2015, 28 (4) 2015 pp. 106-117 pp. 184-188 Books Simon Rau Wolfgang Kaleck »Case Review – The Appeals Decision in Serdar Mo- Wolfgang Kaleck »Ayotzinapa hat sich der Weltöffentlichkeit ins hammed v State Secretary for Defense«, in: Journal »Mit Recht gegen die Macht. Unser weltweiter Gedächtnis gebrannt.« Ein Gespräch mit of International Law of Peace and Armed Conflict, Kampf für die Menschenrechte«, Hanser Berlin, Wolfgang Kaleck, Generalsekretär des ECCHR, in: Vol 28 (4) 2015, pp. 197-199 September 2015 Anne Hufschmid et al. (eds.), »Terror Zones – Gewalt und Gegenwehr in Lateinamerika«, Berlin, Hamburg: Simon Rau and Yaroslavna Sychenkova Assoziation A 2015, pp. 225-234 Wolfgang Kaleck »Verbreitung des Humanitären Völkerrechts – Ta- »Double Standards: International Criminal Law and gung des Landesverbandes Berlin des Deutschen the West«, Torkel Opsahl Academic EPublisher Wolfgang Kaleck and Dr. Miriam Saage-Maaß Roten Kreuzes, 5. Dezember 2014 in Berlin«, in: Brussels, 2015 »The Expressive Value of Corporate Prosecutions«, Deutsches Rotes Kreuz, Institut für Friedens­ in: James Stewart Symposium Blog, Allard School of sicherungsrecht und Humanitäres Völkerrecht (ed.) Wolfgang Kaleck (ed.) Law, University of British Columbia, April 2015 »Humanitäres Völkerrecht. Informationsschriften«, Journal of International Law of Peace and Armed »Die Verantwortung von Unternehmen und Unter- Conflict 1 / 2015, pp. 42 / 43 nehmern für Völkerrechtsverbrechen – die Entwick- Claudia Müller-Hoff lung seit den Nürnberger Prozessen«, in: Florian »Alle Rechte – keine Pflichten. Schutz für Mensch Jeßberger, Wolfgang Kaleck and Tobias Singelnstein und Umwelt – Eine Orientierungshilfe im Dschungel Andreas Schüller (eds.), »Schriften zum Internationalen und Europä- der Diskussion um Unternehmensregulierung«, »Folter: Behörden zögern mit Strafuntersuchung«, ischen Strafrecht«, 23: Wirtschaftsvölkerstrafrecht, Forschungs- und Dokumentationszentrum in: Plädoyer. Magazin für Recht und Politik, Zurich Baden-Baden: Nomos 2015, pp. 83-120 Chile-Lateinamerika e.V. – FDCL (ed.), October 2015 1 / 15, pp. 32-35

Wolfgang Kaleck (ed.) Fiona Nelson Andreas Schüller »Menschenrechtsbewegung in Deutschland. Wie »Kennedy in Berlin: Law schooling in Europe in light »Ein kleiner Anfang ist gemacht: Kriegsverbrechen weit reicht der politische Einfluss?«, Forschungs- of the Hierarchy debate«, in: Unbound, Harvard vor deutschen Gerichten«, in: JuWissBlog, journal Soziale Bewegungen 28 (4) 2015, Stuttgart Journal of the Legal Left, Volume X, 2015, pp. 71-74 8 October 2015

Dr. Annelen Micus Dr. Miriam Saage-Maaß Andreas Schüller »The Inter-American Human Rights System as a »Das Ende der Freiwilligkeit? Arbeiterinnen und »Zu weit gegangen. Der schwierige Umgang mit Safeguard for Justice in National Transitions: Arbeiter klagen gegen transnationale Unternehmen Kriegsverbrechen in Sri Lanka«, in: Südasien. From Amnesty Laws to Accountability in Argentina, und fordern Gerechtigkeit«, in: Gegenblende. Das Zeitschrift des Südasienbüro e.V., Volume 35, Chile and Peru«, Brill / Nijhoff 2015 gewerkschaftliche Debattenmagazin, April 2015 No.3-4 / 2015, pp. 57-59

64 V. Appendix 65 Events »TerrorZones. Gewalt und Gegenwehr in Lateinamerika« Book presentation and talk with: Anne Huffschmid (TerrorZones editor), Christian Mihr (Reporter ohne Grenzen), Wolf-Dieter Vogel (TerrorZones editor) and Wolfgang Kaleck »Europe’s treacherous borders: Justice for the Ceuta victims!« (ECCHR) Podium discussion on the fatal push-back action carried out by Spain’s Guardia Civil on 4 24 September 2015, Berlin February 2014. With: Nathan (survivor and witness), Tresor (Voix des migrants), Gonzalo Boye (Spanish lawyer), Sophia Wirsching (Brot für die Welt) and Carsten Gericke (ECCHR) »Mit Recht gegen die Macht«: Wolfgang Kaleck presents his new book 4 February 2015, Berlin Book presentation and discussion with: Albrecht von Lucke (Blätter für deutsche und internationale Politik), Hannes Honecker (lawyer), Dr. Miriam Saage-Maaß (ECCHR) and »Women in armed conflicts – Prosecuting sexual and gender-based crimes in Colombia Wolfgang Kaleck (ECCHR) and beyond« 12 October 2015, Berlin Expert talk with: Gitti Henschel (Gunda Werner Institute), Claudia María Mejía Duque (Sisma Mujer), Viviana Rodríguez (Sisma Mujer), Andreas Forer (GIZ, Germany) and Anna »Taxi to the Dark Side« von Gall (ECCHR) Film screening and panel discussions with former Guantánamo prisoners Murat Kurnaz 11 and 13 March 2015, New York (Germany) and Mourad Benchellali (France), their lawyers and representatives from Amnesty International, the Center for Constitutional Rights, and Human Rights Watch »Women targeted by the Colombian military – A case for the International Criminal Court« 19 October 2015, Berlin Presentation of the communication to the International Criminal Court and talk with: Claudia Mejía Duque (Sisma Mujer), Prof. Dr. Beate Rudolf (Deutsches Institut für Menschenrechte), »Definition for an Island« by Víctor Jaramillo Anna von Gall (ECCHR) and Wolfgang Kaleck (ECCHR) Exhibition opening 27 April 2015, Berlin 7 November 2015, Berlin

»Presentation of the ECCHR Annual Report and exhibition opening of »Picture of the Month« »Los juicios por sus protagonistas. Doce historias sobre los juicios por delitos de lesa by Frank Rothe humanidad en Argentina« Talk with: Michael Ratner (Center for Constitutional Rights), Lotte Leicht (Human Rights Book presentation and talk with: Rosario Figari Layús (editor), Gabriel Pereira (ANDHES Watch), Manfred Nowak (University of Vienna) and Wolfgang Kaleck (ECCHR) Tucumán / Argentina) and Wolfgang Kaleck (ECCHR) 7 May 2015, Berlin 30 November 2015, Berlin

»At the gates of Europe: Morocco’s repressive handling of refugees and migrants« »United by the basics of International Criminal Law: Exploring its historical origins« Podium discussion with: Julianna Nagy (GADEM), Adil Akid (Association Marocaine Presentation of »Historical Origins of Criminal Law« and expert talk with: Prof. Morten des Droits Humains) and Hanaa Hakiki (ECCHR) Bergsmo (Peking University, CILRAP), Prof. Dr. Claus Kreß (University of Cologne), Prof. 18 August 2015, Berlin Dr. Florian Jeßberger (University of Hamburg), Assistant Professor CHEAH Wui Ling (National University of Singapore), Dr. Chantal Meloni (ECCHR) and Wolfgang Kaleck (ECCHR) »Strategies for the improvement of working conditions within global supply chains« 15 December 2015, Berlin Expert conference of ECCHR with the Friedrich Ebert Stiftung (FES) and the German Trade Union Confederation (DGB) with: Ali Karamat (Pakistan Institute for Labour Education and Research, Karachi), Mahmudul Hasan Sumon (Activist Anthropologist, Bangladesh), Ben Vanpeperstraete (UNI Global Union), Frank Hoffer (International Labour Organization), Kirstin Drew (Trade Union Advisory Committee to the OECD), Jeffrey Vogt (International Trade Union Confederation), Jasmina Smaijlovic and Gudrun Willner (both H&M work council members, TIE), Brigitte Hamm (Institute for Development and Peace), Ineke Zeldenrust and Tandiwe Gross (both Clean Clothes Campaign), Oliver Emons (HBS), Cornelia Staritz (Austrian Foundation for Development Research), Anke Hassel (Hertie School of Governance), Reingard Zimmer (Berlin School of Economics and Law), André Gunia (IG Metal), Stefano Bertone (lawyer), Sarah Lincoln (Brot für die Welt/CorA Network), Henrik Maihack (FES), Remo Klinger (lawyer), Frederike Boll, Henrik Maihack and Jochen Steinhilber (all three FES), Barbara Susec and Frank Zach (both DGB), Dr. Miriam Saage-Maaß, Dr. Carolijn Terwindt and Wolfgang Kaleck (all three ECCHR) 3 and 4 September 2015, Berlin

66 V. Appendix 67 PRESS REVIEW (SELECTION) Council, Advisory board and staff

The Express Tribune with the International The Daily Star (Bangladesh) ECCHR COUNCIL ECCHR STAFF New York Times (Pakistan) Questions over German inspector’s certification for Rana Plaza factory, Heirs of Baldia factory fire victims to sue German Michael Ratner 24 July 2015 Wolfgang Kaleck retailer, 9 February 2015 President Emeritus of the Center for Constitutional General Secretary / Legal Director Rights, New York Daily Times (Pakistan) El Diario.es (Spain) El tribunal de Estrasburgo pide explicaciones a Dr. Miriam Saage-Maaß Factory fire victims move German court, Lotte Leicht España por las devoluciones en caliente en Melilla, Vice Legal Director / Business and Human Rights 14 March 2015 EU Director, Human Rights Watch, Brussels 30 July 2015 Paris Match (France) Dieter Hummel Marie Badarne Le Matin (Switzerland) Education Program Guantanamo: Victoire judiciaire pour deux ex-détenus Labor Lawyer and Chairman of the German Plainte en Suisse contre procureur du Bahrein, francais, 2 April 2015 Association of Democratic Lawyers, Berlin 16 September 2015 Anabel Bermejo Media and Communications Libération (France) The Daily Mail (UK) Prof. Dr. Tobias Singelnstein Guantanamo: La justice française s’engage, Junior Professor for Criminal Law and Criminal British-Bahraini asks Swiss to probe Bahrain 2 April 2015 Procedural Law, Freie Universität Berlin Dr. Nicolas Bueno attorney general for torture, Business and Human Rights 15 September 2015 Al-Arabiya (United Arab Emirates) (until July 2015, Bertha Fellow) French court summons ex-Guantanamo chief in The Global Post (USA) torture probe, 2 April 2015 Anna von Gall Torture complaint filed against Bahrain attorney Gender and Human Rights (until May 2015) general in Switzerland, The Intercept (USA) 15 September 2015 ECCHR ADVISORY BOARD Game of Drones: Germany is the Tell-Tale Heart Carsten Gericke of America’s Drone War, 18 April 2015 SwissInfo (Switzerland) Alejandra Ancheita International Crimes and Accountability (Consultant) Syngenta and Bayer sell »dangerous« pesticides Lawyer and Council Member, ProDESC, Mexico City Open Democracy (USA) in India, 14 October 2015 Bringing CIA torture to justice, 29 April 2015 Prof. Dr. Theo van Boven Hanaa Hakiki International Crimes and Accountability The Express Tribune with the International Honorary Professor of International Law at the (Bertha Fellow from October 2015) Süddeutsche Zeitung (Germany) New York Times (Pakistan) University of Maastricht and former UN Special Recht und Ramstein, 27 May 2015 Rapporteur on Torture German activists set to make history in case against Albert Koncsek European buyer, 28 October 2015 The Guardian (UK) Reed Brody, Counsel Operations Manager Court dismisses claim of German complicity in Herald Sun (Australia) Legal Advisor and Spokesperson for Human Rights Yemeni drone killings, 27 May 2015 Watch, New York Dr. Patrick Kroker Germany: Former Guantanamo detainees talk International Crimes and Accountability of their ordeal, 4 November 2015 (from November 2015) The Telegraph (UK) Selmin Çalişkan German court rejects Yemenis’ claim against US Director of Amnesty International Germany, Berlin drone strikes, 27 May 2015 Inga Matthes Colin Gonsalves International Crimes and Accountability (Project Staff until December 2015) New York Times (USA) Lawyer, Founding Director of the Human Rights Law Court Rejects Yemenis’ Case Against Germany Over Network, India US Drones, 27 May 2015 Dr. Annelen Micus Prof. Dr. Florian Jeßberger Business and Human Rights / International Crimes and Accountability (until June 2015) Washington Post (USA) Professor of Criminal Law and International Criminal Court rejects Yemenis’ case against Germany over Law at the University of Hamburg US drones, 27 May 2015 Dr. Chantal Meloni Prof. Dr. Manfred Nowak International Crimes and Accountability (Consultant, from September 2015) NBC News (USA) Professor of International Law at the University Drone War: German Court Throws Out Case by of Vienna and former UN Special Rapporteur on Family of Slain Yemenis, 27 May 2015 Torture Alejandra Muñoz Valdez International Crimes and Accountability Newsweek (USA) Prof. Dr. Annemie Schaus (Bertha Fellow from October 2015) German Court Rejects Case Brought by U.S. Drone Professor of International and Public Law at the Strike Victims’ Family, 27 May 2015 Université Libre de Bruxelles Claudia Müller-Hoff Education Program / Business and Human Rights La Vanguardia (Colombia) Peter Weiss (Consultant) Delitos sexuales cometidos por las fuerzas militares Vice President of the Center for Constitutional irán a la CPI, 21 June 2015 Rights, New York

68 V. Appendix 69 Fiona Nelson Education Program COOPERATING LAWYERS Christophe Marchand International Crimes and Lawyer, criminal and international criminal law, Accountability / Communications PARTICIPANTS Brussels, Belgium Stefano Bertone Daniela Pavez Bertha Global Exchange Program Lawyer, liability law, Ambrosio & Commodo, Dr. Chantal Meloni Business and Human Rights (Project Staff) Melanie Aebli (Demokratische JuristInnen, Turin, Italy Lawyer and senior research fellow, international Switzerland), Zharmai Garcia criminal law, University of Milan and Humboldt Simon Rau (CenterLaw, the Philippines) Jean-Pierre Bellecave University Berlin, Berlin / Milan, Germany / Italy Assistant to the General Secretary Lawyer, liability law, BCV Lex, Bordeaux, France Legal Training Program Sankar Pani Christian Schliemann-Radbruch Eva Bitran, Gabriel Bourdon, Sandra Boye-Clarkson, Marco Bona Lawyer, Bubaneswar, India Linde Bryk, Anna Fischer, Jenny Fleischer, Navina Business and Human Rights (Bertha Fellow) Lawyer, liability law, MB.O, Turin, Italy Hasper, Thilo Herbert, Henrike Heusmann, Cannelle Karim Popal Lavite, Nora Mbagathi, Laura Melera, Alejandra Lawyer, administrative law, immigration law, Andreas Schüller Muñoz Valdez, Mattia Perizzolo, Philipp Marcel Bosonnet contract law, international civil and criminal law International Crimes and Accountability Schönberger, Yaroslavna Sychenkova, Hsin-Yu Wang Lawyer, Kanzlei Bosonnet and Wick, Anwaltskanzlei Popal, Bremen, Germany Zurich, Switzerland Dr. Carolijn Terwindt German Legal Clerkship Petra Schlagenhauf Business and Human Rights Lea Beckmann, Clara Bünger, Peter Gailhofer, Bijan William Bourdon Lawyer, Berlin, Germany Buyten, Jelena Hawellek, Sarah Imani, Johanna Lawyer, Cabinet Bourdon & Forestier, Paris, France Claire Tixeire Riggert, Mareike Rumpf, Anna-Maria Schwarzmann, Olaf Seiring, Julian Udich, Berit Völzmann Dr. Bettina Schmaltz Education Program Gonzalo Boye & Isabel Elbal Lawyer, Frankfurt am Main, Germany Lawyers, criminal law and human rights Yvonne Veith Voluntary Support Boye-Elbal & Asociados, Madrid, Spain Maren Leifker Phil Shiner Business and Human Rights Bernhard Docke Lawyer, Birmingham, United Kingdom Project Work Lawyer, criminal law, Hannover and Partner, Dana Constantin, Judith Hackmack, Hanaa Hakiki Bremen, Germany Faisal Siddiqi (until July 2015), Geeta Koska, Jan Niebank, Lawyer, commercial law, Karachi, Pakistan Christopher Patz, Sophie Scheidt Hans Gaasbeek Lawyer, criminal law, Gaasbeeken Gaasbeek Silke Studzinsky In 2015, Education Program Advocaten, Haarlem, Netherlands Lawyer, Berlin, Germany participants came from: Australia, France, Germany, Italy, the Netherlands, Dr. Reiner Geulen Biju Vijayan the Philippines, Russia, Switzerland, Taiwan, UK and Lawyer, administrative law, Geulen & Klinger Lawyer, Kerala, India USA. Rechtsanwälte, Berlin, Germany Carlos Villacorta Sönke Hilbrans Lawyer, liability law, BCV Lex, Madrid, Spain Lawyer, criminal law, data protection law, administrative and constitutional law Florian Wick dka Rechtsanwälte Fachanwälte, Berlin, Germany Lawyer, Kanzlei Bosonnet and Wick, Zurich, Switzerland Sara Hossain Lawyer, Bangladeshi Legal Aid and Services Trust Sue Willman (BLAST), Dhaka, Bangladesh Lawyer, Deighton, Pierce, Glynn Solicitors, London, United Kingdom David Husmann Lawyer, Schadenanwaelte, Zurich, Switzerland Rodolfo Yanzón Lawyer, criminal law, Buenos Aires, Argentina Dr. Remo Klinger Lawyer, administrative law, environmental law, construction and planning law, Geulen & Klinger Rechtsanwälte, Berlin, Germany

Nadja Lorenz Lawyer, immigration, asylum and criminal law Vienna, Austria

Dieter Magsam Lawyer, Hamburg, Germany

70 V. Appendix 71 Map / Partner Organizations Humboldt Universität zu Berlin, Humboldt Universität Regensburg, Lehrstuhl für Law Clinic Grund- und Menschenrechte Berlin Öffentliches Recht und Politik, insbesondere North america ASK – Arbeitsgruppe Huridocs Geneva europäisches und internationales Recht sowie Schweiz-Kolumbien Berne American Civil Liberties Union (ACLU) Informationsstelle Militarisierung Rechtsvergleichung Regensburg New York Ali Askouri London (IMI) Tübingen Université libre de Bruxelles Brussels Center for Constitutional Rights (CCR) Asociación Prodein Melilla Inkota-Netzwerk Berlin Uzbek-German Forum New York Avocats Sans Frontières (ASF) Brussels International Commission of Jurists Geneva for Human Rights Berlin Center for Justice & Accountability Berlin Berlin San Francisco Bahrain Center for Human Rights International Rehabilitation Council for Voix des Migrants Copenhagen Europe CUNY School of Law New York Bahrain Institute for Torture Victims Watch the Med Rights and Democracy London Joint Mobile Group Grosny World Organisation against Torture Earth Rights International Washington, D.C. Emory University School of Law, Behandlungszentrum für Kolko - Menschenrechte für Kolumbien Berlin (OMCT) Geneva Folteropfer Berlin Berlin Kampagne für saubere Kleidung Wuppertal Zentrum für Europäische Rechtspolitik IHL Clinic Atlanta International Senior Lawyers Project borderline-europe – Menschenrechte Komitee gegen Folter Nischni Nowgorod (ZERP) Bremen ohne Grenzen Berlin Leiden University, Grotius Centre for (ISLP) New York AfriCa New Media Advocacy Project Brot für die Welt Berlin International Legal Studies Leiden Center for International Law Research and Leigh Day & Co London (N-Map) New York Association Marocaine des Droits de Policy (CILRAP) Brussels / Berlin Ludwig Boltzmann Institut für NYU School Of Law, Center for Human l'Homme (AMDH) Nador Demokratische Juristinnen und Juristen der Menschenrechte Vienna Rights and Global Justice New York Center for Applied Legal Studies Schweiz (DJS) Berne Medica mondiale Cologne Open Society Justice Initiative New York (CALS) Johannesburg Erklärung von Bern / Recht medico international Frankfurt am Main PILNet New York / Budapest Equal Education Law Centre (EELC) Cape Town Proyecto de Derechos Economicos, ohne Grenzen Zurich Misereor Aachen Khulumani Support Group Johannesburg European University Institute Florence Multiwatch Berne Sociales y Culturales (ProDESC) Mexico City Legal Resources Centre Johannesburg Fédération Internationale de Ligues des Nürnberger Menschenrechtszentrum Nuremberg Natural Justice Cape Town Droits de l`Homme (fidh) Paris Observatori DESC Barcelona Socio-Economic Rights Institute Central- / South america Forensic Architecture Project London PAN Deutschland Hamburg (SERI) Johannesburg Forschungs- und Informationszentrum Parkafilm Berlin Bureau des Avocats Internationaux (BAI) / Chile-Lateinamerika (FDCL) Berlin Privacy International London Institute for Justice & Democracy Port-au-Prince / Boston Forum for International Criminal and Public Interest Lawyers (PIL) AsiA Central Unitaria de Trabajadores de Colombia Humanitarian Law (FICHL) Brussels International Birmingham Activist Anthropologist Dhaka London (CUT) Bogotá Freie Universität Berlin, Lehrstuhl für Redress Al-Haq Ramallah Colectivo de Abogados José Alvear Restrepo Strafrecht, Strafverfahrensrecht, Reporter ohne Grenzen Berlin Bahrain Watch Berlin London (CAJAR) Bogotá Wirtschafts- und Umweltstrafrecht Reprieve Center for International Law Fundación Raíces Madrid Republikanischer Anwältinnen- und CooperAcción Lima (CenterLaw) Manila Germanwatch Bonn / Berlin Anwälteverein Berlin Derechos Humanos sin Fronteras Cusco Foundation for Fundamental Rights Islamabad Gesellschaft für bedrohte Sherpa Paris H.I.J.O.S. por la Identidad y la Justicia contra Human Rights Law Network (HRLN) Völker Ostermundingen Sri Lanka Advocacy Group Germany el Olvido y el Silencio Buenos Aires New Delhi Global Witness London Statewatch London Instituto de Defensa Legal Lima Kheti Virasat Mission Jaitu (Punjab) Greenpeace Schweiz Zurich Stiftung :do Hamburg La Isla Foundation León National Trade Union Federation Gunda-Werner-Institut Berlin Tactical Technology Collective Berlin Sinaltrainal Bogotá of Pakistan (NTUF) Karachi Hafiza Merkezi Transnational Justice Network, Sisma Mujer Bogotá PAN India Kerala (Truth Justice Memory Center) Istanbul University of Essex Colchester Pakistan Institute of Labour Education Hamburger Institut für TRIAL – Track Impunity Always Geneva Europe and Research (PILER) Karachi Sozialforschung Hamburg Universität Hamburg, Fakultät für Palestinian Center for Human Rights (PCHR) Amnesty International – Heinrich-Böll-Stiftung Berlin Rechtswissenschaft, Lehrstuhl für Strafrecht, Gaza City deutsche Sektion Berlin Hertie School of Governance Berlin Strafprozessrecht, Internationales Strafrecht Pesticide Action Network Asia-Pacific Andalucía Acoge Seville Human Rights Watch (HRW) Brussels / Berlin und Juristische Zeitgeschichte Hamburg (PAN-AP) Penang

72 73 Finances ECCHR is a member of:

Income Bertha Justice Initiative Network London, Koalition gegen Straflosigkeit. Wahrheit und 2015 Gerechtigkeit für die deutschen Verschwunden in Argentinien Nuremberg / Berlin, CorA - Netzwerk für Unternehmensverantwortung Berlin, European Coalition for Corporate Justice Institutional sponsorship 658,879 € (ECCJ) Brussels, Forum Menschenrechte Berlin, OECD Watch Amsterdam, Allianz »Rechtssicherheit Project sponsorship 675,746 € für politische Willensbildung« Lübeck Donations 71,057 € ECCHR also has consultative status at the United Nations Economic and Social Council Other income 36,870 € (ECOSOC). Income from interest 1,886 € Total 1,444,438 € Donors Assets as of 01 / 01 / 2015 868,667 € (incl. funds earmarked for 2015) We are grateful to all those who have provided financial support to ECCHR’s legal human rights work over the past years. Total 2,313,105 € Special thanks go to the very generous support of:

Outgoings 2015

Personnel costs (staff only) 632,202 € External services 101,452 € Rent, offices, communication, travel 177,585 € Programs, projects, events 201,674 € Personnel costs – Education Program 167,771 € Individual projects were made possible by: Investment costs 11,232 € Other outgoings 21,409 €

Total 1,313,325 €

Assets as of 31 / 12 / 2015 999,780 € Programm Ziviljustiz der Europäischen Union Of this, funds earmarked for 2016 - 618,420 €

Reserve 381,360 €

Global Witness London

Hamburger Stiftung zur Förderung von Wissenschaft und Kultur Hamburg

74 V. Appendix 75 76 77 VÍCTOR JARAMILLO, »CUBA – DEFINITIONS FOR AN ISLAND«

Víctor Jaramillo, whose pictures are featured throughout this report, is a video artist, photographer and illustrator from Mexico. Born in Zacazonapan in 1973, he studied journalism at the Universidad Nacional Autónoma de México and, since that time, has been involved in the fight for sexual diversity. In 2004 and 2005, he organized the Lesbian and Gay Week at the Museo del Chopo in Mexico City. His documentary »La noche abre su flor« (2006) on Havana nightlife and the travelogue »Amor Chacal« (2001) portray the everyday life of gay and lesbian people in Latin America. Jaramillo’s photo exhibition »Cuba – Definitions for an Island,« which opened at ECCHR in November 2015, marked the first time his works have been shown in Germany.

For Jaramillo, Cuba represents both the triumphs and defeats of a disappearing utopia. His pictures bear witness to the contradictions and the liveliness of life in Cuba. The artist captures his own very personal impressions and experiences of the island, a place he has been visiting since his youth. At a time when Cuba seemed to be in state of stasis, Jaramillo saw the boundless vitality of the island: »People complained that that the standstill would never end and yet at the same time could foresee the coming change. They keep expecting the Gringos to arrive at any moment, but they didn’t turn up.« The photos were taken in July 2015, during a trip Jaramillo describes as a melancholy tour that served to remind him of all the places that influenced his personal and political development: »It was as if I was witnessing a world that was just about to disappear.«

78 V. Appendix 79 Imprint

Published by: European Center for Constitutional and Human Rights e.V. (ECCHR) General Secretary Wolfgang Kaleck (accountable in accordance with German press law) Zossener Str. 55­58, Aufgang D D ­ 10961 Berlin Tel: +49 (0) 30 40 04 85 90 Fax: +49 (0) 30 40 04 85 92 [email protected] http://www.ecchr.eu Twitter: @ECCHRBerlin

This report covers the period: 1 January to 31 December 2015

Editing: Anabel Bermejo Images: Víctor Jaramillo Translation: Fiona Nelson, Allison West Art Direction: Mario Lombardo Design: Alina Jungclaus, Anika Göhritz, BUREAU Mario Lombardo www.mariolombardo.com Printing and binding: Druck + Verlag Ernst Vögel GmbH

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