Wednesday, 21 December 2011, 9:57

European Center for Constitutional and Human Rights

Newsletter 21 (December 2011)

ECCHR - European Center for Constitutional and Human Rights

UNIVERSAL JUSTICE

A commission of renowned international law experts appointed by the King of Bahrain has concluded in its report that gross human rights violations were committed during the Bahraini protests. ECCHR, which presented two cases to the commission, called for the additional prosecution of those who instigated the crimes and supervised the perpetrators. The commission is now recommending the establishment of independent investigative mechanisms to deal with the crimes, investigate the superiors responsible and recommend further steps where necessary.


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Anti-torture committee reprimands Germany

During routine consultations, the UN anti-torture committee has criticized Germany for the inadequate criminal prosecutions in the case of Khaled El Masri and the opaque implementation of recommendations arising from the BND Committee of Enquiry. The committee also expressed its serious concerns about the Federal Government’s refusal to rule out the possible use of information obtained by foreign intelligence services through the use of torture. ECCHR presented the committee with an alternative report outlining the numerous violations of the convention against torture that have been committed in the course of counter terrorist operations.


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ECCHR - European Center for Constitutional and Human Rights

Appeal in murder case Israilov filed in Vienna

Both the Defense and the State Prosecutor have launched respective appeals in the murder case of Chechen exile Umar Israilov. Both parties criticize the level of punishment. In addition, the defense team representing the three defendants is complaining that Russia was not given enough time to respond to judicial requests for Ramsan Kadyrow to appear as witness. A decision on the appeals is expected mid-2012. The three defendants were convicted in the first instance to life imprisonment, 19 years imprisonment and 16 years imprisonment respectively.  ECCHR is supporting attorney Nadja Lorenz, who is representing Israilov’s family, and has also entered the proceedings itself as joint plaintiff.


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ECCHR - European Center for Constitutional and Human Rights

New ECCHR Publication: Torture and Information Use

in Counterterrorist Operations

A new report from ECCHR analyses three of the exemplary cases selected by the BND committee of enquiry: the case of ex-Guantánamo inmate Murat Kurnaz, the continued torture and imprisonment of Mohammed Zammar in Syria, and the abduction and torture of Khaled El Masri. To differing extents, German intelligence agents were involved in all three cases. The report comes to the conclusion that German authorities and courts have violated the absolute prohibition on torture.


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GENDER AND HUMAN RIGHTS

ECCHR - European Center for Constitutional and Human Rights

Transitional Justice – A way of fighting sexualized

violence during warfare

On 3 November 2011, ECCHR held an expert talk in cooperation with the Gunda Werner Institute on the theme “Transitional Justice – A means of fighting sexualized violence during warfare.” The talk built on the results of a conference held in the institute in October 2010, and followed the May 2011 talk “Militarized Masculinity in (Post-) Conflict Regions”. It analyzed conditions which contribute to reconciliation after armed conflict, focusing in particular on possible ways of effectively addressing and punishing human rights abuses committed against women.


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BUSINESS AND HUMAN RIGHTS

ECCHR - European Center for Constitutional and Human Rights

Labour conditions in the global supply chain –

how responsible are German corporations?

Miriam Saage-Maaß, Program Director for Business and Human Rights at ECCHR, has developed a study for the Friedrich-Ebert-Foundation which investigates the extent to which corporations are legally responsible for working conditions in overseas supplier firms and subsidiaries. The study focuses on compensation claims under civil law which can be pursued before German courts.


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ECCHR - European Center for Constitutional and Human Rights

Best Practice in OECD-Complaints Procedures –

Comparing National Contact Points

Between October 2010 and January 2011, ECCHR submitted OECD complaints relating to the trade of Uzbek cotton against seven cotton traders. Complaints were submitted to the respective national contact point in Germany, Switzerland, Great Britain and France. ECCHR has now carried out comparative evaluations of three of the national contact points, examining their means of working with a particular focus on their transparency, impartiality and predictability. The results have been summarized in a position paper. By comparing complaints procedures, ECCHR hopes to standardize the work of the NCPs and thus contribute to more effective management procedures. Uzbekistan, the world’s third – biggest cotton exporter, harvests cotton through a state-led system of forced child labor. Between 1.5 and 2 million children are forced to work in cotton fields each year.


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Public Prosecutor investigates the responsibility of

German corporation Lahmeyer International

On 3 May 2010 ECCHR filed a criminal complaint against two senior employees of the engineering office Lahmeyer International GmbH with the Public Prosecutor in Frankfurt am Main. The Public Prosecutor is now investigating the facts of the case. Lahmayer International GmbH is significantly involved in the construction of the Merowe Dam in North Sudan. The criminal charge presents evidence supporting the alleged responsibility of both employees for the inundation of around 30 villages, the displacement of more then 4700 families and the destruction of their livelihoods.

In recent months, Sudanese security forces have arrested and intimidated many of those who have criticized the Merowe Dam project and fought for the rights of those displaced by the construction of the dam. Those arrested were detained in unknown places for days, sometimes weeks. One of the victims is a potential witness in the current criminal proceedings against the Lahmeyer International employees.


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ECCHR - European Center for Constitutional and Human Rights

Rights and accountability – the way ahead for business

and human rights: Conference documentation released

On 21 and 22 November 2011, ECCHR ran a conference in Berlin together with German Watch, MISEREOR, the Friedrich-Ebert-Foundation, the Forum for Human Rights and the Network for Corporate Accountability. The event, titled Rights and accountability – the way ahead for business and human rights, was attended by representatives from the political sphere, NGOs from the global north and south, corporations, trade unions and academia. Participants came from around 15 different countries. They discussed the implementation of the UN Guiding Principles on Business and Human Rights, which were adopted through the UN Human Rights Council in June 2011. An English version of the documentation will be released in January 2012.


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ECCHR - European Center for Constitutional and Human Rights

Syngenta’s responsibility for pesticide poisoning

Together with the Berne Declaration, ECCHR has published a study on the responsibility of Syngenta for cases of intoxication caused by Paraquat, a pesticide produced by the corporation. The author of the study, Robert Grabosch, investigates the extent of Syngenta’s responsibility according to the UN Guiding Principles on Business and Human Rights. This is the first time the principles have been applied in this way.


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ECCHR - European Center for Constitutional and Human Rights

Chancellor Merkel called on to uphold human rights

in German policy towards Uzbekistan

On the occasion of International Human Rights Day (December 10), ECCHR, the Uzbek-German Forum for Human Rights (UGF), INKOTA-netzwerk, terre des hommes Deutschland, Brot für die Welt, the Eurasian Transition Group, and the Uzbekistan Press Freedom Group sent an Open Letter to German Chancellor Dr. Angela Merkel calling attention to the human rights situation in Uzbekistan. Through a series of concrete recommendations, the letter urges the German government to put human rights at the center of their policies towards Uzbekistan. Uzbekistan is currently one of the most repressive regimes in the world.


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ECCHR - European Center for Constitutional and Human Rights

PUBLICATIONS

Wolfgang Kaleck: Die verschwundenen Gewerkschafter von Mercedes Benz Argentina, in: Juridikum, 3/2011, p. 343-351

Miriam Saage-Maaß: Labour conditions in the global supply chain. What is the extent and implications of the German Corporate Responsibility? International Policy Analysis for the Friedrich-Ebert-Stiftung, December 2011, 21p.

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Miriam Saage-Maaß / Yvonne Veith: Keine usbekische Baumwolle aus Kinderhand auf den europäischen Markt – Mit soft law gegen Kinderzwangsarbeit?, in: Juridikum, 3/2011, p. 352-363

Andreas Schüller: Gleiches Recht für alle. Die juristische Menschenrechtsarbeit gegen die Folgen von 9/11, in: Friedensforum. Zeitschrift der Friedensbewegung, 6/2011, p. 33-34

ECCHR - European Center for Constitutional and Human Rights

HAPPY HOLIDAYS AND ALL THE BEST FOR 2012!

ECCHR - European Center for Constitutional and Human Rights

DONATIONS

ECCHR is registered at Amtsgericht Charlottenburg and is inscribed as a non-profit association at the competent tax office. The human rights work carried out by ECCHR depends on your support. Please help us to prevent and examine grave human rights violations. ECCHR is a member in the Human Rights Forum (Forum Menschenrechte), the Coalition Against Impunity (Koalition gegen Straflosigkeit), Truth and Justice for the German Disappeared in Argentina (Wahrheit und Gerechtigkeit für die deutschen Verschwundenen in Argentinien) and the Network for Corporate Accountability (Netzwerk für Unternehmensverantwortung Corporate Accountability (CorA)). Donations are tax deductible.

Donation Bank Account: 8853607011

Berliner Volksbank

BLZ 100 900 00

IBAN: DE77100900008853607011

BIC: BEVODEBB

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European Center for Constitutional and Human Rights (ECCHR) e.V.

General Secretary Wolfgang Kaleck

Zossener Str. 55-58, Entrance D

D – 10961 Berlin

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Fax: +49 (0) 30 40 04 85 92

info@ecchr.eu

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