HUMAN RIGHTS IN EUROPE - REVIEW OF 2019 - Amnesty International Österreich
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HUMAN RIGHTS IN EUROPE REVIEW OF 2019
Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2020 Cover photo: Except where otherwise noted, content in this document is licensed A protester speaks through a megaphone as under a Creative Commons (attribution, non-commercial, no derivatives, smoke from coloured smoke bombs billows near international 4.0) licence. people taking part in the annual May Day rally in https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode Strasbourg, eastern France, on May 1, 2019. For more information please visit the permissions page on our website: © PATRICK HERTZOG/AFP via Getty Images www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK Index: EUR 01/2098/2020 Original language: English amnesty.org
CONTENTS
REGIONAL OVERVIEW 4
ALBANIA 8
AUSTRIA 10
BELGIUM 12
BOSNIA AND HERZEGOVINA 14
BULGARIA 16
CROATIA 18
CYPRUS 20
CZECH REPUBLIC 22
DENMARK 24
ESTONIA 26
FINLAND 27
FRANCE 29
GERMANY 32
GREECE 35
HUNGARY 38
IRELAND 41
ITALY 43
LATVIA 46
LITHUANIA 48
MALTA 49
MONTENEGRO 51
THE NETHERLANDS 53
NORTH MACEDONIA 55
NORWAY 57
POLAND 59
PORTUGAL 62
ROMANIA 64
SERBIA 66
SLOVAKIA 69
SLOVENIA 71
SPAIN 73
SWEDEN 76
SWITZERLAND 78
TURKEY 80
UK 84
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REGIONAL
campaigns, harassment, and even In 2019, founding values of the European
administrative and criminal penalties. Union (EU) were directly challenged
Increasing numbers of human rights from within. The independence of the
OVERVIEW
defenders, activists and independent judiciary, an essential component of the
media faced intimidation and rule of law, was threatened in Poland
prosecution. Expressions of dissent on as the ruling party took bolder steps to
the streets were often met with a range control judges and courts. The process
of restrictive measures and excessive in Poland was a clear illustration of how
In 2019 in the heart of Europe, some values were changing across Europe, and
use of force by police. Against this
states actively sought to erode the concerns about the independence of the
overall backdrop of intolerance and
judiciary in Hungary, Romania and Turkey
independence of the judiciary to avoid discrimination, minorities and those
persisted. Symptoms surfaced all over
state accountability. The European seeking to defend their rights were met
Europe, from migration policies where
Union continued to outsource border with violence, increasing stigmatization protection of borders was considered
and migration control. Grave human of some communities. Survivors of sexual more important than protection of human
rights risks ensued: tens of thousands violence, including rape, continued lives, to dealing with popular dissent and
of people remained exposed to conflict, to face obstacles in accessing justice. public protest, which often led to abuses
violence, torture and an uncertain While two countries held their first ever by law enforcement agencies. Intolerance
future in destitute conditions. Those Pride parades, there was a roll-back in towards religious and ethnic minorities
opposing these border and migration a number of others on law and policies frequently took the form of violence and
control policies frequently faced smear related to the rights of LGBTI people. discrimination.
Demonstrators gather to protest against femicide and violence against women on November 25, 2019 in Istanbul, Turkey. November 25 is international day for the elimination
of violence against women. © Burak Kara via Getty Images
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While 2019 shows that many states Cooperation with Libya went hand in by serious and consistent allegations of
failed to guarantee rights for all within hand with the policy of “closed ports” pushbacks and violence on the Greek
their borders, nonetheless there was no established by the Italian government. side. Those who managed to avoid
shortage of courageous people who dared Under this policy, NGO ships were pushbacks continued their journey
to stand up whatever the personal cost, denied a safe port after rescuing people through the Balkan peninsula, amid
and worked to hold states accountable. at sea, and forced to wait for weeks reports that more than 30,000 people
People took the streets in large numbers while Mediterranean states argued transited along this route after leaving
to claim their rights and campaign for a amongst themselves about where to Greece and Bulgaria. Over 10,000
fairer and more just society. Their clear disembark them. The policy ended after remain stranded in squalid camps in
call was for governments to face their a change of government in Italy, which Bosnia and Herzegovina and Serbia,
responsibilities not only at home but created the conditions for a temporary unable to continue their journeys due
also in light of global challenges such agreement between France, Germany, to persistent and systemic collective
as climate change. Their mobilization Italy and Malta. The agreement– a small, expulsions and violence by the Croatian
around these issues was a ray of hope for tentative step forward –ensures minimum police. In October, despite overwhelming
the future. coordination between the four countries evidence of human rights violations
to disembark and relocate those rescued at the Croatian border, the European
at sea. Commission recommended Croatia’s full
MIGRATION integration into the Schengen Border
Despite consistent condemnation by Area.
In 2019, approximately 120,000 human rights organizations, the 2016
EU-Turkey Deal continued to shape
asylum-seekers and migrants arrived in
Europe irregularly. Arrivals decreased on
the migration policy of the EU in the HUMAN RIGHTS DEFENDERS
Eastern Mediterranean. Reports of grave
the central and western Mediterranean Individuals and civil society organizations
human rights violations against asylum-
routes and increased on the eastern continued to oppose these anti-migration
seekers and refugees in Turkey did
Mediterranean route. policies as human rights defenders,
nothing to deter the continued use of
providing concrete support and solidarity
Turkey as a partner on migration. Ahead
The belief prevailed that migration and to migrants and asylum-seekers. They
of Turkey’s incursion into north-eastern
border control could best be managed rescued people at sea and in the
Syria in October, Amnesty International
by “outsourcing” to countries with mountains, providing transport, food and
conducted dozens of interviews which
questionable human rights records. It medicines to those in need all over the
suggested hundreds of Syrians were likely
appeared equally acceptable for EU continent.
forcibly deported from Turkey between
countries to contain migrants and
May and September, under the guise of
asylum-seekers in abysmal conditions at The response of many European states to
“voluntary returns”.
the periphery of the EU or just outside its these acts of humanity was to criticize,
borders. intimidate, harass, fine and even
Meanwhile in Greece, mid-2019 saw
the biggest increase in sea arrivals prosecute human rights defenders. In
Human rights abuses against asylum- since 2016. This led to unprecedented Greece, Italy and France, governments
seekers and migrants seeking to cross overcrowding in the camps on the Aegean often treated rescue activities as
the central Mediterranean Sea reached islands. More than 38,000 people were smuggling and the actions of human
new heights when renewed hostilities held in facilities with a capacity of rights defenders were considered as
broke out in Libya in April. In addition little more than 6,000. Confronted with threats to national security, prompting
to torture and arbitrary detention, they the ever-growing protection needs for the adoption of supposedly urgent, more
also faced shelling and direct attacks asylum-seekers, refugees and migrants restrictive laws.
by the warring factions, resulting in the in- country, in November Greece’s newly
deaths of dozens of migrants and asylum- installed government rushed to introduce The lack of clarity in relevant EU
seekers. Despite the deteriorating new legislation featuring accelerated legislation left ample room for states to
security situation, and continuing asylum procedures, increased detention make draconian interpretations of this
evidence pointing at systematic human and returns to Turkey. These followed legislation at domestic level, resulting in
rights violations in Libya’s detention trends in Austria, Finland, and Germany a chilling effect on the work of human
centres, European countries continued to which have restricted the rights of rights defenders. Many individuals and
cooperate with Libya to contain migrants asylum-seekers and placed greater focus NGOs became increasingly reluctant to
and asylum-seekers there. In November, on detention and deportations. initiate solidarity actions.
the Italian government extended its
agreement with Libya on migration for a Land arrivals via the Greece-Turkey In Turkey, dozens of human rights
further three years. land border increased, accompanied defenders faced criminal investigations
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and prosecutions and were held in police right to freedom of peaceful assembly. While EU institutions promptly escalated
custody or imprisoned for their human States failed to hold their security forces their response to the situation in Poland,
rights work. Amongst them, the trials accountable for violence perpetrated their interventions had not led to
of of Taner Kılıç and İdil Eser, Honorary during the protests. Some states also significant improvements by the end of
Chair and former Director of Amnesty provided police with heightened powers, the year.
International Turkey respectively, and as in Germany, where measures like
nine other human rights defenders, assigned residency or communication Outside the European Union, the
continued throughout 2019. The trial of surveillance can now be imposed on judiciary was under threat in Turkey.
Osman Kavala and 15 civil society figures “future perpetrators of crimes”. In Following the crackdown after the 2016
also continued. response, some courts played a critical coup attempt, in 2018 new legislation
role in safeguarding individual freedoms was introduced, allowing dismissal of
by annulling blanket bans on protests officials from public service for alleged
FREEDOM OF EXPRESSION or, as in Poland, by upholding the links to “terrorist organizations”.
Human rights defenders were not alone rights of protesters who expressed their
opposition to nationalism and racism.
in facing challenges to their work. In
This however came at a price: some
HATE CRIMES AND DISCRIMINATION
many parts of the region, journalists
who investigated corruption, organized judges adjudicating in these cases were Evidence of a downward trend,
crime and war crimes continued to be harassed or demoted by the Polish intolerance and discrimination often
subjected to threats, smear campaigns, authorities striving to undermine the turned violent in 2019. The violence was
independence of the judiciary. targeted at those who spoke out in favour
intimidation and in some cases physical
of minorities, tolerance and inclusion.
violence as was the case in Croatia,
Serbia and Bosnia and Herzegovina.
While too often the authorities failed INDEPENDENCE OF THE JUDICIARY At least two officials paid the highest
price for upholding these values. In
to condemn such attacks or undertake
In Poland, Hungary, Romania and Turkey, January, in Poland the mayor of Gdansk,
effective investigations, in Bulgaria it was
legislative and administrative initiatives Pawel Adamowicz, a supporter of LGBTI
the authorities themselves who brought
threatened the independence of the and migrant rights, was fatally stabbed
charges against investigative journalists
judiciary, the rule of law and as a result during a charity event. In June, the
who had exposed corruption scandals
the right to a fair trial. acting administrative president of the
potentially implicating senior government
German town of Kassel, Walter Lübcke,
officials. In Albania, a controversial
was killed by a shot in the head for his
legislative package threatened the This clash was most visible in Poland,
support of policies welcoming refugees.
freedom of online media. where the government and parliament
tried to implement legal and policy
Two people were killed in the German
changes to force the judiciary to comply
city of Halle/Saale in October after a
FREEDOM OF ASSEMBLY with its political direction.
suspected far-right gunman tried to
Major protests took place in numerous attack a synagogue during Yom Kippur
countries across Europe including Judges and prosecutors found themselves
prayers and afterwards attacked a local
France, Austria, Poland, Romania, the at risk of disciplinary proceedings for
food outlet. Assaults on mosques were
Czech Republic and Hungary. People speaking out in defence of the judiciary
also reported in France; a man attempted
protested against austerity measures and and risked becoming victims of human
to burn a mosque in Bayonne in October
about social justice, but also against rights violations themselves. Smear and fired shots at two men, seriously
corruption and about the independence campaigns on state and social media also injuring them.
of the judiciary. Protests and strikes targeted and intimidated individual judges.
urging governments to take measures Across Europe attacks on and
against climate change became a regular In Hungary, the erosion of checks and discrimination against Roma
occurrence in major European cities. balances in ordinary courts continued communities continued. In Bulgaria,
to undermine the independence of Roma in Vojvodinovo and Gabrovo
In response many states often opted the judiciary. In May the European were subject to forced evictions and
for measures that breached the rights Commission warned Romania that demolition of their houses. Local
to freedom of peaceful assembly and it should address issues including authorities and mobs were responsible
expression. In France, Austria and Spain, interference with the rule of law by the for these incidents, and as a result
hundreds of people were injured during executive, or face the triggering of a hundreds of people were forcibly
protests. Police resorted to unlawful use procedure under which certain rights can evicted and their houses torched or
of force in France and violently disrupted be suspended from a member state for demolished. Authorities in Giugliano,
peaceful gatherings in Turkey, where persistent breach of the EU’s founding Italy, evicted a community of around
blanket bans were often used to deny the values. 450 Roma, including families with
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children, and offered them no alternative Spain and the UK, there were systemic LGBTI RIGHTS
accommodation. Forced evictions of failures in sexual violence prevention,
Roma also occurred in Sweden and investigation and prosecution. Survivors Pride week events were explicitly banned
France. of sexual violence and women’s rights in several Turkish provinces. A blanket
activists challenged these failings and and indefinite ban in place in Ankara
demanded justice. since November 2017 was finally lifted
WOMEN’S RIGHTS in April. However, bans subsequently
In Spain, widespread protests in reaction imposed on individual events maintained
In a long-awaited development and
to judgments in the “Wolf Pack” case the unlawful restrictions on LGBTI
following a Belfast High Court decision,
led the government to announce that rights. Those who challenged the bans
abortion in Northern Ireland was
the legal definition of rape would be faced police violence, investigations and
decriminalized and all pending criminal
amended to make clear that sex without prosecutions. In Poland, up to 64 local
proceedings were dropped. In Slovakia,
attempts in parliament to further restrict consent is rape. Spanish courts had councils adopted resolutions opposing
access to and criminalize abortion previously acquitted the five men known “LGBT ideology”.
continued, triggering protests of rights as the “Wolf Pack” of rape, even while
organizations and prompting the Council recognizing that the woman concerned On a more positive note, two countries
of Europe Human Rights Commissioner had not consented, and had instead held their first Pride parades: North
to call on parliament to withdraw the law. convicted them for the lesser offence of Macedonia in June, and Bosnia and
sexual abuse as violence or intimidation Herzegovina in September. Despite
Survivors of sexual violence, including was not found. The rulings were alarming signs of potential violence and
rape, continued to face obstacles in eventually overturned by the Supreme high security measures, both events
accessing justice. Legal definitions Court, and the men were sentenced in enjoyed the support and endorsement of
of rape in most European countries June to 15 years’ imprisonment. the national authorities and took place in
remained based on force, at odds with a festive atmosphere with no violence.
human rights laws and standards, which Survivors’ and campaigners’ efforts
recognize that sex without consent is in Greece helped to change the legal
rape. In countries including Denmark, definition of rape to one based on consent.
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Albanian women carry placards and shout slogans during a protest to denounce institutional failure to protect women from violence, including domestic violence, during the
International Women’s Day in Tirana, Albania on March 8, 2019. © GENT SHKULLAKU/AFP via Getty Images
ALBANIA peaceful and orderly, the atmosphere
of legal uncertainty and the standoff
VIOLENCE AGAINST WOMEN AND
GIRLS
between key institutions undermined
Republic of Albania Domestic violence remained widespread
public confidence in the electoral
Head of state: Ilir Meta
process. and previously adopted measures to
Head of government: Edi Rama
address it were inadequate. One in two
Albania’s path to EU membership women reported having experienced
Violence against women and girls was continued to be hindered by slow violence in their lifetime, according to
widespread and protection measures the National Population Survey. Over
progress in tackling corruption and
were inadequately implemented. 3,200 protection orders were issued for
organized crime.
A controversial legislative package women abused by partners and relatives.
threatened the freedom of online media. Twelve women and young girls died as a
result of domestic violence.
JUSTICE SYSTEM
A vetting process for judges and The UN Human Rights Council, in its
BACKGROUND prosecutors negatively impacted on examination of Albania’s human rights
The political landscape remained the functioning of the judiciary. While record under the Universal Periodic
polarized, with opposition parties it continued to be crucial to ensure its Review process, noted concerns about
boycotting local elections in June. independence from political interference the low rate of reporting of cases of
Regular opposition-led protests were and organized crime, the process gender-based violence against women,
marred by violence. The OSCE voiced undermined the functioning of the the insufficient number of shelters and
criticism around the elections noting judicial system owing to widespread the frequent failure to enforce protection
that, although voting was generally dismissals and a backlog of cases. orders.
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WOMEN’S RIGHTS journalists reported being physically or barriers in their access to a range of
verbally assaulted because of their work. rights, including housing, education,
Although pervasive, gender-based Journalist Enver Doçi was attacked by employment and health services. A
discrimination at work, including police officers while filming the arrest market for used clothing was opened to
sexual harassment, remained greatly of demonstrators in the wake of the aid Roma and Egyptian families on the
underreported. In a survey by the Gender June local elections. The police issued outskirts of Tirana.
Alliance for Development Centre, most an apology for their actions, but no
women respondents reported being further disciplinary or other appropriate
subjected to sexual harassment and
some said they were denied maternity
proceedings were taken against the RIGHTS OF LESBIAN, GAY,
officers concerned. BISEXUAL, TRANSGENDER AND
leave.
Controversial anti-defamation legislation
INTERSEX PEOPLE (LGBTI)
The gender wealth gap persisted. Only widening the powers of the regulator To escape ostracism and various forms
19% of women owned property due to of audio-visual media threatened the of discrimination most LGBTI people
poor implementation of the property freedom of online media. The Council of continued to conceal their sexual
registration law and a patriarchal Europe’s Commissioner for Human Rights identity. A transgender person who
tradition that favours male inheritance. had urged the parliament to review attended the annual LGBTI rally was
the draft laws of the so-called “anti- physically abused by unidentified
defamation package” and bring them perpetrators. In May, the NGO PINK
FREEDOM OF EXPRESSION – in line with international human rights Embassy requested that parliament issue
JOURNALISTS standards. an apology to those convicted for their
The media remained diverse but sexual orientation under the Communist
polarized, depending on the owner’s regime.
political alignment and interests. This
DISCRIMINATION
led to selective coverage of issues. Most members of Roma and Egyptian
According to a local NGO, one in three communities continued to face
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A young man is pinned down to the ground by the police during a spontaneous assembly in the context of the climate protest ‘Streik mit Greta – No Future on a Dead Planet’
in the Austrian capital, Vienna, on 31 May 2019. © Lukas David Beck / @_lukasdbeck
AUSTRIA official statistics, 11,334 individuals
applied for asylum between January and
level of basic care provided for asylum-
seekers.
November; 11.81% fewer than in the
Republic of Austria In the first nine months of the year, the
same period in 2018.
Head of state: Alexander van der Bellen
Ministry of Interior deported more than
Head of government: Brigitte Bierlein (interim chancellor
appointed by Head of State, replaced Sebastian Kurz in June) Parliament introduced several legislative 200 Afghan nationals to Afghanistan,
proposals that restricted the rights of subjecting them to a risk of torture and
asylum-seekers. ill-treatment. The authorities decided to
Several measures, which would have deport several Syrian nationals to Syria,
negative consequences for the rights also in clear contravention of international
In June, it passed the law that
of asylum-seekers and women, were law, although the decisions had not been
establishes the Federal Agency for the
adopted or discussed. A new law implemented at the end of the year.
Provision of Care and Support. This
endangered the fairness of the asylum new governmental agency, embedded
procedure. The authorities continued In June, asylum-seekers living in a return
in the Ministry of Interior, will provide
centre (Rückkehrberatungszentrum) in
to deport rejected asylum-seekers to legal counselling to asylum-seekers as
Fieberbrunn, Tyrol, went on a 46-day
Afghanistan. The Committee of Petitions of January 2021, replacing independent hunger strike to protest against the
of the national parliament discussed two civil society counselling. This change poor housing conditions and the remote
citizens’ initiatives that would restrict raised serious concerns regarding the location of the facility. The Ministry
access to abortion. fairness of the asylum procedure. of Interior opened an inquiry into the
human rights compliance of the centre’s
In May, Parliament passed the living conditions. In November, findings
REFUGEES AND ASYLUM-SEEKERS Fundamental Law on Social Assistance, of the inquiry were presented; families
The number of asylum applications which reduced social benefits for people with school-age children were no longer
continued to decline. According to with subsidiary protection status to the accommodated in the centre.
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Amnesty InternationalFREEDOM OF EXPRESSION officials. The Ministry of Interior according to a third gender option
informed Amnesty International that an following a 2018 Constitutional Court’s
In April, the Minister for the European internal police investigation would be ruling.
Union, Art, Culture and Media introduced
conducted once the Prosecutor’s Office
a bill in Parliament that would establish
had concluded its investigation. The
an identity verification system for users
of online platforms. Companies would
Vienna Administrative Court ruled that WOMEN’S RIGHTS
several police conducts, including bag
incur exorbitant fines up to €1 million In September, the Parliament passed
searches and the arrest of an activist,
if they failed to comply. If adopted, the the Protection against Violence Act. The
were unlawful.
law would negatively impact the right to law intended to improve the protection
freedom of expression on the internet. of survivors of sexual violence and
Civil society organizations continued
to report cases of police officers strengthened cooperation between
discriminating against people belonging relevant institutions, more specifically
EXCESSIVE USE OF FORCE to ethnic and religious minorities through between police and the courts.
Authorities continued to fail to establish the use of identity checks and by making
an independent mechanism to investigate discriminatory comments. At the end of the year, two citizens’
cases of ill-treatment and excessive use initiatives that sought amendments to
of force by law enforcement officials abortion law were pending in Parliament.
and to legally require them to wear RIGHTS OF LESBIAN, GAY, The initiatives proposed introducing a
identification badges. mandatory reflection period for women
BISEXUAL, TRANSGENDER AND seeking abortion, an obligation of
In May, police used excessive force
INTERSEX PEOPLE (LGBTI) medical professionals to inform women
against several climate activists while Since January, same-sex couples can about support and counselling services
dispersing a spontaneous assembly. At marry and heterosexual couples can as well as repealing the decriminalization
the end of the year, an investigation by enter registered partnerships. Intersex of abortion after three months’ pregnancy
the Prosecutor’s Office was ongoing into individuals who do not identify as either in case of serious risks for the foetus’
the conduct of several law enforcement male or female can register their gender mental or physical health.
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Amnesty InternationalA group of Amnesty International activists holding a big banner with placards and a violet hand painted in their faces, during the demonstration stop violence against women,
in Brussels on November 24th, 2019. © Romy Arroyo Fernandez/NurPhoto
BELGIUM society actors welcomed the law but were
concerned about the limited mandate
Al Roj and Aïn Issa in Northern Syria.
Belgium repatriated six such children to
of the institution and about how it will Belgium, four orphans and two victims of
Kingdom of Belgium international child abduction. Dozens of
fit into Belgium’s complex institutional
Head of state: King Philippe
Head of government: Sophie Wilmès (replaced Charles landscape. other children, who were accompanied by
Michel in October) a parent, were not repatriated due to the
state’s continued policy that it would not
COUNTER-TERROR AND SECURITY facilitate the return of adults. According
Parliament adopted a law to establish a to Child Focus at least five young Belgian
federal human rights institution. Arms In January and February, new laws
children died in IDP-camps in 2019.
transfers to warring parties in the conflict entered into force aimed at improving
in Yemen continued. Civil society called the system for the financial assistance
for better responses to gender-based for victims of terrorism-related attacks. MIGRANTS’ RIGHTS
violence. The government continued its Despite recommendations from victims’
associations, the authorities did not In April, the Council of State suspended
policy to detain children for repatriation
sufficiently address the complexity of the the practice of holding families with
purposes but was thwarted by the Council
compensation system for victims of such children in detention for immigration
of State.
attacks. purposes. In August 2018, the
government had started detaining
families with children in “family units”
LEGAL, CONSTITUTIONAL OR
in the immigration detention centre of
INSTITUTIONAL DEVELOPMENTS CHILDREN’S RIGHTS Steenokkerzeel, next to an airport landing
At the end of April, the Federal Dozens of children with at least one strip. The practice was suspended
Parliament adopted a law establishing Belgian parent are being held in camps on the basis of the possible health
a federal human rights institution. Civil for internally displaced people, Al Hol, consequences of the noise from the
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Amnesty Internationalairport. The government announced it number of issues with protecting human ARMS TRADE
would improve sound insulation in order rights of migrants during arrest, and
to be able to resume the detention of recommended the authorities be more The Walloon Region continued to allow
families with children. proactive in investigating police violence, arms transfers to members of the Saudi-
also when no formal complaint was led coalition in Yemen, following licences
In February, the Commission evaluating made. worth €195.8 million granted for
policies relating to the voluntary and transfers to Saudi Arabia in 2018.
forced return of foreign nationals issued In June, the Council of State cancelled
eight licences stating that the Walloon
a mid-term report. This Commission DETENTION Region had failed to examine the conduct
was set up in February 2018 to review
Belgium’s return policies and practices, Prisons continued to be overcrowded, of the buyer country. NGOs called on
following the identification and return prisoners were detained in dilapidated the government to stop arms transfers to
of Sudanese nationals in violation of the facilities and had insufficient access to countries committing serious violations
principle of non-refoulement (whereby basic services. of international humanitarian law and
states are prohibited from returning human rights law. Amnesty International
individuals to a country where there is In May, the European Court of Human and others launched the Walloon Arms
a real risk of persecution). Civil society Rights gave its judgement in the case Monitor, an attempt to hold the Walloon
was disappointed at the lack of critical of Clasens v. Belgium. It found that Region accountable to its international
evaluation, and the lack of civil society during a protracted staff strike in 2016, obligations with respect to arms trade.
representatives and independent material prison conditions amounted to a
experts among the membership of the violation of the prohibition of inhuman or
Commission. degrading treatment. POLICE AND SECURITY FORCES
In February, the UN Working Group on
In February, the Standing Police In July, a new law entered into force
People of African Descent conducted a
Monitoring Committee (“Committee aimed at introducing minimum service
fact-finding mission. The Working Group
P”) published a report on the police provisions in prisons during industrial
called for action on racial profiling by
handling of refugees and migrants in action.
police, including through documenting
transit, following a number of reports and analyzing stop-and-searches. In
from NGOs alleging ill-treatment of December, the Human Rights Committee
refugees and migrants by the police. The VIOLENCE AGAINST WOMEN AND expressed concern at the persistence
Committee P concluded that migrants GIRLS of ethnic profiling and urged Belgium
were treated “correctly and humanely” in
In February, the state submitted its first to change its laws to explicitly prohibit
“large-scale operations” and made policy
report to the Council of Europe’s Group ethnic profiling.
recommendations for a more integrated,
uniform and humane approach. A review of Experts on Action against Violence
of the Committee P report by Myria, against Women and Domestic Violence
the Belgian Federal Migration Centre, (GREVIO), outlining the state’s efforts RACIAL DISCRIMINATION
concluded the report did not contradict to implement the Istanbul Convention. Several UN bodies, including human
NGO findings, since it did not verify Nearly 50 civil society organizations rights bodies and UNESCO, expressed
the cases reported by NGOs and only urged Belgium to step up its efforts and concern over the persistence of racism
focused on large scale operations and on to allocate sufficient resources to tackle and antisemitism and called upon the
formal complaints. Myria highlighted a gender-based violence. state to take measures.
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Amnesty InternationalPeople march with a banner and rainbow flags during the first Bosnian pride parade “Ima Izać!” in Sarajevo on 8 September 2019. © Martina Šalov
BOSNIA AND access to international protection or
adequate reception conditions.1 Tens of
by the International Organization
for Migration, housed around 4,000
HERZEGOVINA thousands of people travelled through
BiH, most intending to seek asylum in
people in overcrowded and inadequate
conditions. Reception centres remained
the European Union. By the end of 2019, solely located in one of the country’s two
Bosnia and Herzegovina
the authorities had registered almost entities, the Federation BiH, primarily in
Head of state: Rotating presidency – Milorad Dodik, Željko
Komšić, Šefik Džaferović 29,000 irregular entries. Una-Sana Canton. The authorities in the
Head of government: Denis Zvizdić other entity, Republika Srpska, refused to
Numerous bureaucratic obstacles to set up any camps on their territory.
registration, lack of adequate legal
The authorities failed to provide basic assistance and translation, limited In May, local authorities forcibly
reception and support to thousands capacity and scarce financial support transferred around 800 people, mostly
of refugees, asylum-seekers and for potential asylum-seekers prevented single men, to an informal camp in
migrants stranded in the country.
effective access to international Vučjak, a former landfill site without
Minorities continued to face widespread
protection. By the end of the year, less access to drinking water or adequate
discrimination and social exclusion.
than 5% of the 28,000 people who sanitation and in close proximity to a
Threats and attacks against journalists
expressed their intention to apply for minefield. The UN Special Rapporteur on
and media freedom persisted. Access to
asylum had managed to do so. the human rights of migrants warned the
justice and reparations for civilian victims
authorities that the site posed a serious
of war remained limited.
The authorities at different levels failed health and safety risk and was completely
to cooperate to meet the needs of over unfit for human occupation. The camp
8,000 refugees and migrants stranded was finally dismantled in December
REFUGEES AND ASYLUM-SEEKERS in the country, many as a result of and people accommodated there were
Bosnia and Herzegovina (BiH) failed to pushbacks from neighbouring Croatia. transferred to formal reception centres
provide asylum-seekers with effective Temporary reception centres, operated elsewhere in the country.
HUMAN RIGHTS IN EUROPE 14
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Amnesty InternationalDISCRIMINATION Srpska used excessive force to break persistent backlog of cases, ineffective
up months-long protests demanding case management and a dramatic decline
Roma continued to face systemic barriers the truth over the unexplained death in conviction rates, threatened to leave
to education, housing, health services of a youth in 2018 and banned further many victims without justice, truth and
and employment. The inability to register gatherings in the entity’s capital, Banja reparation.
a permanent residence remained an Luka.
insurmountable obstacle preventing many
The Republika Srpska Law on the
Roma from accessing basic rights and Legal amendments seeking to criminalize protection of victims of wartime torture
services, many of which require a legal unauthorized filming or photographing entered into force in January. By the
proof of residence. of public officials during protests in end of the year, 86 people had applied
Republika Srpska were withdrawn for the status of victims of wartime
LGBTI people faced widespread social following pressure from journalists’ rape and monthly financial support.
exclusion and discrimination. Although associations and the international Nevertheless, applicants faced numerous
LGBTI rights organizations reported community. obstacles in the process, including lack
improved cooperation with the police
of information, difficulty in securing
and judiciary in the Federation BiH, acts
adequate documentation, unclear
of violence and discrimination against
LGBTI people were not thoroughly
MIGRANTS’ RIGHTS procedures and arbitrary refusals.
investigated. The BiH Ministry of Security revoked
Criminal courts continued to grant
the residence permits of several Turkish
financial compensation to victims
Despite several counter-protests and nationals putting them at risk of forcible
of wartime rape. However, with one
threats of violence, the country’s first return to Turkey. The Ministry took the
exception, such claims could not
Pride event was successfully organized in decision shortly after a state visit by
be enforced as perpetrators lacked
September in Sarajevo. Turkey’s President during which he
sufficient funds. Victims who pursued
requested the deportation of Turkish
compensation claims in separate civil
The authorities failed to implement citizens residing in BiH because of their
proceedings had to do so at their own
multiple rulings of the European Court of alleged links with the so-called Fethullah
cost and routinely faced rejection owing
Human Rights and the BiH Constitutional Gülen movement, which Turkey considers
to the widespread application of the
Court that found the power-sharing to be a terrorist organization.
statute of limitations to reparation claims
arrangements set out in the constitution
by all courts in BiH.
to be discriminatory, preventing people
who did not belong to one of the CRIMES UNDER INTERNATIONAL In August, the UN Committee against
constituent peoples (Bosniak, Croat or LAW Torture ruled in the case of a victim
Serb) from running for legislative and
executive office. In March, the appeals chamber of the of wartime rape that the statute of
International Residual Mechanism for limitations or the inability of perpetrators
Criminal Tribunals in The Hague upheld to pay compensation should not prevent
the original 2016 verdict and sentenced victims from receiving the redress
FREEDOM OF ASSEMBLY AND awarded by the courts and ordered BiH
the former Bosnian Serb leader Radovan
EXPRESSION Karadžić to life imprisonment. to provide all victims of torture with
The pattern of threats, political pressure adequate compensation and access to
and attacks against journalists continued. The BiH Council of Ministers failed to medical and psychological support.
Journalists were targeted because of adopt the revised War Crimes Strategy.
their ethnic origin and the content of Domestic prosecution of war crimes Lack of resources and capacity and poor
their work. BiH ranked 63rd out of further slowed with over 550 cases cooperation between the authorities
180 countries in the Reporters Without pending before various courts at the continued to hamper the search for
Borders World Press Freedom Index. end of the year. Systemic deficiencies 7,200 people still missing as a result of
In January, the authorities in Republika in the Prosecutor’s Office, including a the armed conflict.
1. Amnesty International, Bosnia and Herzegovina: Pushed to the edge: Violence and abuse against refugees and migrants along the Balkans Route (Index: EUR
05/9964/2019) https://www.amnesty.org/en/documents/eur05/9964/2019/en/
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Amnesty InternationalPeople gather to protest against the only nominee for Bulgaria’s chief prosecutor Ivan Geshev, in Sofia, on October 23, 2019. © NIKOLAY DOYCHINOV/AFP via Getty Images
BULGARIA migrants and asylum-seekers remained
inadequate, despite the significantly
Algeria seemed to receive automatic
rejections, while the recognition rate of
reduced number of people entering Afghan nationals remained significantly
Republic of Bulgaria Bulgaria. lower than that in many other EU
Head of state: Rumen Radev
countries.
Head of government: Boyko Borisov
Detention, including of unaccompanied
children, remained a routine practice.
Conditions in reception and detention Irregular migrants in detention VIOLENCE AGAINST WOMEN AND
centres for refugees and asylum-seekers centres had limited access to legal
GIRLS
remained inadequate. Domestic violence representation, interpretation or health
was widespread. A climate of xenophobia care, including essential psychological Bulgaria failed to ratify the Istanbul
and intolerance intensified in the run-up and psychiatric care. Convention following a sustained
to elections. Widespread discrimination campaign by far-right groups, supported
against Roma, Jews and other minority The authorities lacked systems to by the nationalist parties in the coalition
communities resulted in incidents of correctly identify asylum-seekers in government, and a 2018 Constitutional
violence and harassment. Journalists particularly vulnerable situations and Court ruling declaring the Convention
were threatened and prosecuted because provide them with safe accommodation unconstitutional.
of their work. and adequate support.
Domestic violence remained widespread,
Discrimination against certain groups with significant under-reporting masking
resulted in some asylum-seekers facing the true scale of the problem. Police
REFUGEES AND ASYLUM-SEEKERS an increased likelihood of having their failed to thoroughly investigate violence
Reception and accommodation applications rejected: people from against women. Funding for shelters and
conditions, including food provision, for countries including Pakistan, Iraq and support services was insufficient and
HUMAN RIGHTS IN EUROPE 16
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Amnesty Internationalvictims in some regions had no access at circulated footage that showed Roma the number of homophobic incidents.
all to shelters or assistance. men allegedly assaulting a shop owner. In July, a court officially recognized
Nearly 80% of Gabrovo’s 600 Roma fled a marriage between two women who
In February, the National Assembly the village as a result of the violence. married in France. Despite the ruling,
amended the country’s criminal Instead of providing police protection, same-sex unions, which are explicitly
legislation to introduce tougher penalties the authorities instructed the Roma to prohibited by the Constitution, remained
for perpetrators of domestic violence. flee, according to some members of the illegal.
However, the measures were partial and community and Roma rights activists.
insufficient. The Council of Europe asked
Bulgaria to invest more in education The Bulgarian National Movement FREEDOM OF EXPRESSION
and prevention programmes and provide (VMRO) party, a member of the coalition
government, proposed a “Strategy for In September, the VMRO asked the
consistent funding for shelters and
Integration of Unsocialized Roma”, country’s Prosecutor General to deregister
psychological and other support for the
including measures to restrict welfare the Bulgarian Helsinki Committee, one
victims of domestic violence.
payments to Roma families, provide of the oldest and largest human rights
free abortions for mothers with more organizations in the country, accusing it
of “unconstitutional, unlawful, immoral
DISCRIMINATION than three children, dismantle informal
and openly anti-Bulgarian activities”.
settlements and “eradicate crime in
Racist and intolerant rhetoric increased Gypsy ghettos”. The proposed strategy
in the lead-up to European Parliament was widely criticized by human rights Journalists continued to face intense
and local elections. The authorities not organizations. political pressure, threats and
only failed to condemn hate speech, but intimidation, as a significant portion
some actively encouraged or engaged Political parties and government officials of the media remained under the
in it. Minority groups continued to be made discriminatory and xenophobic tight control of political parties. The
at risk of persistent discrimination and statements. Deputy Prime Minister authorities brought criminal charges
harassment. Krasimir Karakachanov regularly used against investigative reporters who
derogatory language about Roma and exposed corruption scandals that
The UN Committee on Economic, Social called for a “final solution to the Gypsy potentially implicated senior government
and Cultural Rights noted limited impact question”. The government failed to and judicial officials, while others
of the government’s Roma integration unequivocally condemn his statements. routinely faced threats for their work.
strategy, with Roma remaining
disproportionally affected by poverty and In January, the Supreme Administrative Journalists who were publicly opposed to
social exclusion and facing systemic Court in Bulgaria ruled that Valery the government were particular targets.
barriers to education, housing, health Simeonov, the former Deputy Prime In September, a popular Bulgarian
services and employment. Minister, was not liable for harassment national radio channel came off air
resulting from openly anti-Roma public for several hours and its editor was
In January, following violent anti- statements he had made in 2017, suspended from her job after she had
Roma protests in Voivodinovo triggered thereby overturning a rare lower court criticized the appointment of the new
by an incident in which two Roma conviction for hate speech. Prosecutor General, which sparked public
men assaulted a Bulgarian army protests.
officer, the authorities forcibly evicted In February, over 2,000 members of far-
and demolished the homes of local right groups gathered in Sofia to honour Bulgaria remained the lowest ranking
Roma leaving more than 50 people, a Bulgarian pro-Nazi general despite the EU member state on the World Press
including children, without alternative opposition of Jewish groups and other Freedom Index, lagging even behind
accommodation. political parties. Physical attacks against other countries in the Balkans. The
religious sites, including the desecration NGO Reporters without Borders ranked
In April, several Roma homes in Gabrovo of cemeteries, continued throughout 2019. Bulgaria 111th out of 180 countries in
were burned down by a violent mob terms of press freedom.
calling for the town to be “cleansed” of Lesbian, gay, bisexual, transgender and
its Roma community, following widely intersex (LGBTI) groups reported a rise in
HUMAN RIGHTS IN EUROPE 17
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Amnesty InternationalA group of migrants from the Asian continent walk on a dusty track through a wooded area in the countryside, near Bosanska Krupa, in Northern Bosnia, on July 3, 2019,
after being physically expelled by police from neighbouring Croatia for another illegal attempt to cross the border into EU. © ELVIS BARUKCIC/AFP via Getty Images
CROATIA and migrants being apprehended deep
inside Croatian territory, held for hours
The authorities targeted two NGOs, Are
You Syrious and the Centre for Peace
in police custody and forcibly returned Studies, who criticized police activities
Republic of Croatia
to Bosnia and Herzegovina in groups at the border. The NGOs were accused
Head of state: Kolinda Grabar-Kitarović
Head of government: Andrej Plenković
without an opportunity to seek asylum. of “facilitating illegal migration” and
Such returns took place without due activists and volunteers were detained
process and away from official border without charge. An appeal against
Refugees and migrants faced pushbacks crossings. People reported being rounded the judgement of the Are You Syrious
and abuse by the Croatian police. up by police, shouted at and beaten volunteer convicted of “involuntary
Domestic violence continued to attract with batons, stripped of their clothes negligence” for assisting an Afghan
light penalties and protective measures and made to walk barefoot, sometimes family to cross the border was pending at
were rarely enforced. Women faced through deep snow and freezing rivers.1 the end of the year.
numerous barriers in accessing abortion.
Journalists were threatened and The authorities continued to deny Fewer than 150 asylum-seekers were
prosecuted because of their work. the violence. However, in July the granted international protection in
President acknowledged that pushbacks, Croatia during 2019.
accompanied by “some violence”, were
REFUGEES AND ASYLUM-SEEKERS necessary to prevent irregular entries.
Croatia failed to provide refugees VIOLENCE AGAINST WOMEN AND
with effective access to international In July, the Swiss Federal Administrative
Court suspended the return of an
GIRLS
protection and used pushbacks and
collective expulsions, frequently asylum-seeker to Croatia citing the risk Croatia had still not fully harmonized
accompanied by violence, to keep people of repeated pushbacks and violence that its legislative and policy framework on
out of its territory. NGOs and the media had left him with serious physical and gender-based violence with the Istanbul
documented numerous cases of refugees psychological consequences. Convention by the end of the year. In the
HUMAN RIGHTS IN EUROPE 18
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Amnesty Internationalvast majority of cases, domestic violence RIGHT TO HEALTH warned that further progress depended
continued to be treated as a minor primarily on an improved cooperation
offence attracting lesser penalties, and Women’s access to sexual and with the Serbian authorities, who failed
reproductive rights remained seriously to provide information about the locations
protective measures were rarely enforced.
constrained. Individual doctors, and of mass and individual graves.
The practice of dual arrests persisted,
in some cases health care institutions,
with some women who reported abuse
continued to refuse abortions on the
being arrested as co-perpetrators, In July, the National Assembly adopted
grounds of conscience. In several regions,
questioned in the presence of the abuser the Law on Missing Persons, granting
abortion services were not available at
and, in some cases, sanctioned for victims and their families special rights
any authorized clinic and women were
offensive language or acting in self- to truth and justice.
often forced to travel to nearby towns at
defence.
their own cost. National health insurance
did not cover termination of pregnancy
Despite considerable improvements,
and the cost at some authorized clinics
FREEDOM OF EXPRESSION
the Law on Protection against Domestic
was prohibitively high. Combined, these Journalists who investigated corruption,
Violence continued to exclude victims
factors represented insurmountable organized crime and war crimes
who did not share the same residence
obstacles for women with lower socio- continued to be threatened, intimidated
as a partner, who had lived with their
economic status, forcing some to seek and, in some cases, attacked. The
partner for less than three years or who
unsafe clandestine abortions. authorities failed to condemn such
did not have children with their partner,
attacks.
forcing some women to undertake private
The National Assembly failed to adopt
prosecutions against their abusers.
a new law on termination of pregnancy In September, journalist Gordan
Shelters for victims of domestic violence
by the deadline set by a 2017 Duhaček was arbitrarily detained for
were not available in six regions and
Constitutional Court ruling. An expert 24 hours on charges of “discrediting
facilities and support services in others
commission set up by the Ministry of public authorities” for posting a satirical
remained underfunded.
Health was widely criticized for including message on Twitter. His arrest was
conservative healthcare professionals criticized by the Organization for Security
The vast majority of successful rape and no representatives of organizations and Co-operation in Europe and the
convictions resulted in prison sentences advocating sexual and reproductive Council of Europe.
of one year or less. The criminal law rights.
continued to distinguish between rape
and the lesser offence of “sexual violence
without consent”, which carried lighter
DISCRIMINATION
penalties. In September, the government
CRIMES UNDER INTERNATIONAL
Discrimination against ethnic minorities,
announced legal amendments that would
LAW as well as refugees and migrants,
bring the definition of rape into line with The fate and whereabouts of over 1,500 remained widespread. Roma continued
international standards and increase of the 6,000 people who went missing to face numerous barriers in accessing
penalties for crimes of gender-based during the 1991-1995 armed conflict education, health, housing and
violence. remained unknown. The authorities employment.
HUMAN RIGHTS IN EUROPE 19
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Amnesty InternationalA refugee stands in front of the UN buffer zone in Nicosia on the island of Cyprus, 15 February 2019. The divided island is currently one of the main gates to Europe for
refugees. However, the lack of infrastructure, bureaucracy and xenophobia make life difficult for those seeking protection. © Chrissi Wilkens
CYPRUS in 2018. Cyprus continued to have the
highest number of registered first-time
to Cyprus and reunite with his family.
He had been imprisoned for more than
asylum applicants per capita in the three years by the Hungarian authorities
Republic of Cyprus European Union (EU). Between January and unjustly convicted of “complicity
Head of state: Nikos Anastasiades
and December, 13,259 people registered in an act of terrorism”. Following his
their asylum claims, in comparison release, he spent more than eight months
The year saw an upward trend in to 7,761 during the whole of 2018. in immigration detention waiting for the
refugee and migrant flows and asylum Meanwhile, despite a reported increase in Cypriot authorities to decide on his fate.
applications. the number of staff dealing with asylum During that time, Ahmed H. was at risk of
claims, the backlog of applications being forcibly returned to Syria.
reached over 16,437 by the end of the
year.
BACKGROUND ENFORCED DISAPPEARANCES
The NGO Cyprus Refugee Council
In November the UN Secretary- Efforts to establish the fate of the people
expressed concern that the increase in
General met the Greek-Cypriot and who went missing during the inter-
numbers worsened pre-existing shortfalls
Turkish-Cypriot leaders, who renewed communal fighting of 1963 to 1964 and
in asylum procedures and reception
their commitment to achieving a the events of 1974 continued. During
conditions. In particular, lack of capacity
comprehensive and durable settlement the year, the Committee of Missing
in the Kofinou reception centre, together
within a foreseeable horizon. Persons in Cyprus exhumed the remains
with insufficient material assistance,
resulted in many asylum-seekers living in of 28 people, bringing the total number
housing of poor quality or being homeless. of exhumations since 2006 to 1,217.
REFUGEES AND ASYLUM-SEEKERS Between 2006 and 2019, the remains
Between January and September, 1,500 At the end of September, Ahmed H., a of 969 missing individuals (700 Greek
refugees and migrants arrived by sea, Syrian national and a former long-term Cypriots and 269 Turkish Cypriots) were
compared to 400 during the same period resident of Cyprus, was allowed to return identified.
HUMAN RIGHTS IN EUROPE 20
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