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LISA JUNG, ROBIN DIETEREN, ZEYNEP ECE KARSLI , MAGDALENA SKUZA, CÉLINE KLECKNER AND AYÇA ZEHRA KARABABA
Oct 17, 202210 min read

WEEKLY OVERVIEW - APR. 24, 2021

AUTHOR

BY LISA JUNG, ROBIN DIETEREN, ZEYNEP ECE KARSLI , MAGDALENA SKUZA, CÉLINE KLECKNER AND AYÇA ZEHRA KARABABA

THIS WEEK 5 OF OUR MEMBERS HAVE WRITTEN AN ARTICLE ABOUT CURRENT ISSUES FROM ALL AROUND THE WORLD. THE BLOG COVERS SYSTEMIC HATE CRIMES, VICTIM-BLAMING, THE CONVICTION OF CHAUVIN, THE CONFLICT IN IRELAND AND TURKEY, AND THE ISTANBUL CONVENTION. WE HOPE YOU FIND THEM INFORMATIVE!


HATE CRIMES IN CROATIA LAST FEBRUARY, THE EUROPEAN PARLIAMENT DECLARED THE WHOLE OF THE EUROPEAN UNION AN "LGBTIQ FREEDOM ZONE" IN RESPONSE TO THE BACKSLIDING OF LGBTQ RIGHTS IN POLAND AND HUNGARY. AT THE SAME TIME, LGBTQ PEOPLE ARE FAR FROM FREE TO LIVE THEIR LIVES OPENLY IN THE NEWEST EU MEMBER STATE, CROATIA. ACCORDING TO A REPORT BY ILGA EUROPE (A HUMAN RIGHTS ORGANIZATION RECOGNIZED BY THE EUROPEAN UNION), ONLINE HATE SPEECH AGAINST LGBTQ PEOPLE IN CROATIA WAS ON THE RISE THIS YEAR. ZAGREB PRIDE FILED NINE CRIMINAL COMPLAINTS IN 2020, OF WHICH MOST OF THEM GOT REJECTED. OTHER WORRYING INCIDENTS CONCERN THE BURNING OF AN EFFIGY OF A GAY COUPLE AND A CHILD, AND SIX DIFFERENT SITUATIONS IN WHICH RAINBOW FLAGS WERE TORN DOWN AND BURNT IN ZAGREB AND SPLIT, DONE MAINLY BY YOUTH. SIMULTANEOUSLY, THE AUTHORITIES HAVE BEEN SLOW TO INVESTIGATE HATE SPEECH AND ASSAULTS TARGETING LGBTQ PEOPLE OR HAVE WRONGLY PROSECUTED THEM AS MINOR OFFENSES. AS A CONSEQUENCE OF THIS WRONG LEGAL QUALIFICATION, THE CROATIAN MISDEMEANOR PROCEDURE PREVENTS THE INITIATION OF CRIMINAL PROCEEDINGS. THIS DUE TO THE LEGAL PRINCIPLE OF NE BIS IN IDEM, MEANING ONE CAN ONLY BE PROSECUTED FOR A CRIMINAL ACT ONCE. IN JANUARY 2021, AFTER A DECADE OF LITIGATION, THE EUROPEAN COURT OF HUMAN RIGHTS RECOGNIZED THE CASE OF A LESBIAN WOMAN WHO WAS PUNCHED AND KICKED AT A NIGHTCLUB IN ZAGREB IN 2010 BY A MAN SAYING ALL LESBIANS SHOULD BE "KILLED" AS A HATE CRIME. THE CROATIAN AUTHORITIES FAILED TO DO SO AND INSTEAD CHARGED THE WOMAN'S ATTACKER WITH BREACH OF PUBLIC PEACE AND ORDER. THEY ALSO FINED HIM THE EQUIVALENT OF 40 EUROS. MARKO JURCIC, AN ACTIVIST AT ZAGREB PRIDE WHO PROVIDED VICTIM SUPPORT FOR THE CASE, SAID: "THE EUROPEAN COURT OF HUMAN RIGHTS HAS PROVEN SOMETHING WE HAVE BEEN SAYING FOR DECADES: THE CROATIAN POLICE ARE FAILING TO PROTECT VICTIMS OF HOMOPHOBIC AND TRANSPHOBIC VIOLENCE. UNFORTUNATELY, THE PRACTICE OF TREATING HOMOPHOBIC AND TRANSPHOBIC HATE CRIMES AS MISDEMEANORS IS CONTINUING IN CROATIA. IN THE LAST COUPLE OF YEARS, THREE HATE-CRIME COMPLAINTS BY ZAGREB PRIDE HAVE ALSO BEEN REJECTED BY THE PUBLIC PROSECUTOR BECAUSE OF THE POLICE MISCONDUCT." CROATIA HAS ACHIEVED A SOMEWHAT SATISFACTORY LEGAL FRAMEWORK OF PROTECTION AGAINST DISCRIMINATION BASED ON SEXUAL ORIENTATION, GENDER IDENTITY, AND EXPRESSION AND REGULATION OF SAME-SEX PARTNERSHIPS. NEVERTHELESS, THE IMPLEMENTATION OF LAWS, JUDICIAL PRACTICE, AND CAPACITIES OF THE DIFFERENT PUBLIC AND LAW ENFORCEMENT BODIES ARE STILL FAR FROM PERFECT. IN CONCLUSION, DIFFERENT FORMS OF VIOLENCE AND DISCRIMINATION ARE STILL REGULARLY EXPERIENCED IN THE CROATIAN LGBTQ COMMUNITY. COMBATING HATE CRIMES AND HATE SPEECH, IN PARTICULAR, REMAINS A BIG CHALLENGE. OVERCOMING THIS CHALLENGE SHOULD BE A PRIORITY FOR THE CROATIAN GOVERNMENT, ALONG WITH THE PROPER PROSECUTION OF THE CRIMINAL ACTS. HOPEFULLY, THE EUROPEAN COURT OF HUMAN RIGHTS CASE SENDS A STRONG SIGNAL TO ENSURE EFFECTIVE INVESTIGATION, PROSECUTION, AND PUNISHMENT OF HOMOPHOBIC AND TRANSPHOBIC CRIMES.

PAKISTANI PRIME MINISTER CRITICISED FOR VICTIM BLAMING IN RAPE CASES IN PAKISTAN, HUMAN RIGHTS GROUPS HAVE ACCUSED PRIME MINISTER IMRAN KHAN OF BEING A "RAPE APOLOGIST" AFTER HE BLAMED A RISE IN SEXUAL ASSAULT CASES ON HOW WOMEN DRESS. DURING A LIVE TELEVISION INTERVIEW, HE ADVISED WOMEN TO COVER UP TO PREVENT TEMPTATION. HE SAID, "NOT EVERYONE IN THE SOCIETY HAS THE WILL POWER TO CONTROL (HIMSELF). THE MORE YOU RAISE THE LEVEL OF OBSCENITY IN A SOCIETY, THE MORE IT'LL HAVE AN IMPACT" WHILE ANSWERING CALLERS' QUESTIONS. AFTER DENOUNCING CRIMES AGAINST WOMEN AND CHILDREN, HE SAID THAT SEXUAL VIOLENCE RESULTED FROM "INCREASING OBSCENITY," ADDING IT WAS A PRODUCT OF INDIA, THE WEST, AND HOLLYWOOD MOVIES. IN A PROTEST HELD THURSDAY OUTSIDE THE NATIONAL PRESS CLUB IN THE CAPITAL ISLAMABAD, ACTIVISTS EXPRESSED OUTRAGE AND DEMANDED A PUBLIC APOLOGY. "I FEEL THAT IT IS NOT JUST THE WOMEN OF PAKISTAN, IT IS ALSO THE MEN OF PAKISTAN WHO HAVE BEEN SLAPPED IN THE FACE BY THE PRIME MINISTER BECAUSE HE SAID THAT MEN ARE UNABLE TO CONTROL THEMSELVES, THEY CAN'T CONTROL THE TEMPTATION OF SEEING WOMEN IN PUBLIC WITHOUT BEING VEILED," SAID ACTIVIST TAHIRA ABDULLAH. "IF VULGARITY WAS THE REASON FOR RAPE, MR. PRIME MINISTER, WHY WOULD YOUNG BOYS GET RAPED? WHAT ABOUT THE VERY YOUNG GIRLS AND DEAD WOMEN WHO ARE PULLED OUT OF THEIR GRAVES TO RAPE. WHAT VULGARITY DO THEY SPREAD?" QUESTIONED ISLAMABAD RESIDENT FATIMA ATIF AT THURSDAY'S PROTEST. THE HUMAN RIGHTS COMMISSION OF PAKISTAN, A NON-PROFIT ENTITY, SAID IT WAS "APPALLED" BY THE REMARKS AND SAID IT SHOWED A "BAFFLING IGNORANCE OF WHERE, WHY, AND HOW RAPE OCCURS." PAKISTAN IS RANKED AS ONE OF THE MOST DANGEROUS COUNTRIES GLOBALLY FOR WOMEN IN TERMS OF SAFETY AND EQUALITY. SEXUAL ABUSE, SO-CALLED "HONOR" KILLINGS, AND FORCED MARRIAGE ARE COMMON, AND CRIMINAL COMPLAINTS ARE RARELY REPORTED TO POLICE OR SERIOUSLY INVESTIGATED. THERE ARE AT LEAST 11 RAPE CASES REPORTED IN PAKISTAN EVERY DAY, ACCORDING TO OFFICIAL STATISTICS. OVER 22,000 RAPE CASES WERE REPORTED TO POLICE ACROSS THE COUNTRY IN THE PAST SIX YEARS. HOWEVER, ONLY 77 ACCUSED HAVE BEEN CONVICTED.

332 DAYS WERE NEEDED TO BRING JUSTICE FOR GEORGE FLOYD'S MURDER PAKISTANI PRIME MINISTER CRITICISED FOR VICTIM BLAMING IN RAPE CASES 25TH OF MAY 2020 IS THE DATE WHICH WILL STAY IN AMERICAN PEOPLE AND THE REST OF THE WORLD MIND FOR A LONG TIME. THAT DAY, A STORE EMPLOYEE CALLED MINNEAPOLIS POLICE AND CLAIMED THAT GEORGE FLOYD HAD BOUGHT CIGARETTES WITH A COUNTERFEIT $20 BILL. AFTER THE FIRST POLICE SQUAD ARRIVED, THEY ARRESTED GEORGE FLOYD. SEVENTEEN MINUTES LATER, MR. FLOYD WAS UNCONSCIOUS AFTER ONE OF THE POLICE OFFICERS- MR. CHAUVIN, HAD KEPT HIS KNEE ON MR. FLOYD'S NECK. ACCORDING TO THE VIDEO FROM THE CRIME SCENE, CHAUVIN DID NOT REMOVE HIS KNEE EVEN WHEN MR. FLOYD WAS CALLING FOR HELP AND LOST HIS CONSCIOUSNESS. CONSEQUENTLY, GEORGE FLOYD HAS DIED. ON THE 26TH OF MAY, ALL FOUR OFFICERS INVOLVED IN FLOYD'S ARREST, HAVE BEEN FIRED BY THE POLICE DEPARTMENT. THREE DAYS AFTER, THE HENNEPIN COUNTY ATTORNEY, MIKE FREEMAN, PRESENTED THIRD-DEGREE MURDER AND SECOND-DEGREE MANSLAUGHTER CHARGES AGAINST DEREK CHAUVIN. MOREOVER, ON THE 3RD OF JUNE, A MORE SERIOUS SECOND-DEGREE MURDER CHARGE WAS ADDED AGAINST MR. CHAUVIN BY THE PROSECUTORS. THREE OTHER FORMER OFFICERS- THOMAS LANE, J. ALEXANDER KUENG, AND TOU THAO WERE CHARGED WITH AIDING AND ABETTING SECOND-DEGREE MURDER. THE DEATH OF GEORGE FLOYD BECAME THE REASON FOR MASSIVE PROTESTS IN THE US AND AROUND THE WORLD. PEOPLE IN MANY COUNTRIES WENT ON THE STREETS TO SHOW SUPPORT FOR GEORGE FLOYD'S FAMILY AND DEMAND TO STOP POLICE AGGRESSION TOWARDS BLACK PEOPLE. THE SLOGAN "BLACK LIVES MATTER" WAS ON THE LIPS OF EVERYONE WHO HAS ENOUGH OF INJUSTICE, DISCRIMINATION, AND RACISM AGAINST BLACK PEOPLE NOT ONLY IN AMERICA BUT IN ANY PART OF THE WORLD. AFTER 332 DAYS FROM GEORGE FLOYD'S DEATH, JUSTICE WAS BROUGHT BY THE COURT. CHAUVIN'S TRIAL TOOK THREE WEEKS AND INVOLVED 38 WITNESSES. SUFFICIENT EVIDENCE IS THE VIDEO, WHICH SHOWS THAT CHAUVIN KEPT HIS KNEE AGAINST FLOYD'S NECK ALMOST FOR NINE MINUTES AND 29 SECONDS. THE JURY, CONSISTING OF SIX WHITE AND SIX BLACK OR MULTIRACIAL MEN AND WOMEN, NEEDED 10 HOURS TO REACH A FINAL VERDICT. CHAUVIN WAS FOUND GUILTY OF SECOND-DEGREE MURDER, THIRD-DEGREE MURDER, AND SECOND-DEGREE MANSLAUGHTER. "GUILTY ON ALL THREE!' WAS SHOUTED BY THE CROWDS GATHERED IN MINNEAPOLIS AFTER THE VERDICT WAS READ. IN HIS SPEECH, THE PROSECUTOR CONVINCED THE JURY THAT CHAUVIN'S USE OF FORCE WAS UNREASONABLE AND EXCESSIVE. HE STRESSED THAT IT WAS GROSSLY DISPROPORTIONATE AND IT WAS NOT POLICING. IT WAS A MURDER. AFTER THE VERDICT WAS ANNOUNCED, WE CAN READ ON THE BLACK LIVES MATTER MOVEMENT'S OFFICIAL ACCOUNT THAT THIS VERDICT IS NOT PROOF THAT THE US SYSTEM WORKS, BUT IT IS PROOF OF ITS BROKENNESS. IT TOOK 332 DAYS, AND SO MUCH ATTENTION HAD TO BE BROUGHT TO BRING JUSTICE FOR THE MURDER. UNTIL BLACK PEOPLE COMMUNITIES AROUND THE WORLD CAN THRIVE FREE FROM FEAR, THERE WILL BE NO JUSTICE.

VIOLENCE REIGNS OVER NORTHERN IRELAND FOR NIGHTS THERE HAVE BEEN CONSTANT RIOTS HAPPENING ALL OVER NORTHERN IRELAND, RANGING FROM CITIES LIKE BELFAST TO SMALLER TOWNS. A BITTER REMINDER THAT EVEN IN 2021, IRELAND AND THE UNITED KINGDOM REMAIN DIVIDED BOTH IN POLITICS AND CULTURE. YOUNG LOYALISTS STARTED THIS NEW WAVE OF VIOLENCE ON THE 29TH OF MARCH IN AN AREA OF LONDONDERRY TO SHOW THEIR DESIRE TO KEEP NORTHERN IRELAND AS PART OF THE UK. ON THE NIGHT OF THE 7TH OF APRIL, THE FIGHTING CLAIMED THE SO-CALLED PEACE WALL IN WEST BELFAST, WHICH DIVIDES THE PROTESTANT LOYALIST COMMUNITIES FROM THE CATHOLIC NATIONALIST COMMUNITIES. THE FIGHT LASTED FOR SEVERAL HOURS, JOURNALISTS AND POLICE WERE BRUTALLY ATTACKED, AND A BUS WAS HIJACKED AND SET ON FIRE. SINCE THEN, THE RIOTS HAVE REACHED AN EVEN HIGHER LEVEL OF VIOLENCE AS RIOTERS THREW BRICKS AND GASOLINE BOMBS AT THE POLICE, WHO RESPONDED WITH WATER CANNONS. MORE THAN 90 OFFICERS HAVE BEEN INJURED. IT IS UNKNOWN HOW MANY RIOTERS HAVE BEEN HURT SO FAR. HOWEVER, THIS IS NOT THE WORST OF IT AS DISSIDENT REPUBLICAN GROUPS SUCH AS THE NEW IRA STARTED A BOMBING CAMPAIGN TO SPARK FEAR AND TERROR IN THE PUBLIC'S HEARTS. A FEW DAYS AGO, ON THE 19TH OF APRIL, A BOMB WAS FOUND OUTSIDE THE HOUSE OF A FEMALE OFFICER. THOSE RIOTS ARE NOTHING NEW FOR NORTHERN IRELAND AS FOR THE LAST THREE DECADES, CONFLICTS KNOWN AS" THE TROUBLES" RULED OVER THE COUNTRY. AT THE CORE OF IT IS THE FIGHT BETWEEN IRISH NATIONALISTS THAT FIGHT FOR IRISH INDEPENDENCE FROM THE UK AND PRO-BRITISH LOYALISTS. THIS CONFLICT CLAIMED THE LIVES OF OVER 3,600 PEOPLE ALREADY, WITH MANY THOUSANDS INJURED. MANY MORE PEOPLE WILL LIKELY GET HURT, AS THE CONFLICT JUST REACHED A NEW BOILING POINT FOLLOWING BREXIT. ALTHOUGH NORTHERN IRELAND IS TECHNICALLY PART OF THE UK, IT WAS ALLOWED TO REMAIN PART OF THE EU'S TRADE AND CUSTOMS RULES. ALTHOUGH THIS NORTHERN IRELAND PROTOCOL IS GREAT FOR THE IRISH PEOPLE, MANY PRO-BRITISH NATIONALISTS FELT LEFT BEHIND AND CLAIM TO BE HARSHER TREATED BY THE POLICE THAN NATIONALISTS. INTERESTING TO NOTE IS THAT THE VIOLENCE HAS SO FAR BEEN FOCUSED ON AREAS WHERE CRIMINAL GANGS LINKED TO THE PRO-BRITISH LOYALIST PARAMILITARIES REMAINED INFLUENCE. SOME EVIDENCE SUGGESTS THAT SENIOR FIGURES IN ORGANIZATIONS SUCH AS ULSTER DEFENSE ASSOCIATION AND ULSTER VOLUNTEER FORCE ARE ALLOWING THE TROUBLES TO PROCEED AND REFUSE TO INTERVENE. THIS ATTITUDE MIGHT KICK BACK AT THE POLICE SERVICE OF NORTHERN IRELAND, WHO, IN THEIR EYES, MISTREATS THEM. ANOTHER REASON NEXT TO BREXIT FOR THE SUDDEN SPARK OF VIOLENCE MIGHT BE THE DECISION NOT TO PROSECUTE LEADERS OF THE REPUBLICAN SINN FEIN PARTY, WHO HAVE BREACHED THE COVID REGULATIONS AT THE FUNERAL OF FORMER IRA INTELLIGENCE CHIEF LAST JUNE. MORE THAN 2,000 MOURNERS ATTENDED THE FUNERAL, WAY MORE THAN LOCAL COVID REGULATIONS PERMITTED. SOME LOYALISTS CLAIM THAT THIS IS ANOTHER EXAMPLE OF PREFERENTIAL TREATMENT OF PEOPLE AFFILIATED WITH NATIONALISTS, FURTHER SPARKING THEIR ANGER. THE ONLY CURRENT RAY OF HOPE IS THAT SINCE THE DEATH OF PRINCE PHILIP ON THE 9TH OF APRIL, THE RIOTS SEEM TO HAVE STOPPED, PUTTING THE VIOLENCE ON HOLD. IT IS UNSURE WHEN AND HOW THE RIOTS WILL RE-IGNITE, BUT IT IS UNLIKELY THAT A SOLUTION FOR THE PROBLEM THAT LASTED FOR SEVERAL DECADES WILL BE FOUND SOON.

IN LEGAL TERMS; ISTANBUL CONVENTION AND TURKEY IN GENERAL, THE ISTANBUL CONVENTION IS CREATED TO PREVENT GENDER-BASED VIOLATIONS AND STRUGGLE AGAINST THIS VIOLENCE. HOWEVER, IF WE DEPICT MORE SPECIFICALLY THE TERMS OF THE CONVENTION, THE CONVENTION CAME OUT AFTER THE OPUZ DECISION OF THE ECHR. NAHIDE OPUZ WANTED TO DIVORCE HER HUSBAND, WHOM SHE MARRIED AND WAS EXPOSED TO VIOLENCE. ALTHOUGH SHE REPEATEDLY COMPLAINED FROM 1996 TO 2002, THE STATE DID NOT PROVIDE ADEQUATE PROTECTION AGAINST THE HUSBAND. THE CASES WERE DROPPED EITHER BECAUSE THE PROSECUTION WAS DUE TO THE COMPLAINT. THE COMPLAINT WAS WITHDRAWN UPON THREATS FROM THE HUSBAND, OR THEY REMAINED INEFFECTIVE BECAUSE THE SENTENCES IMPOSED WERE CONVERTED TO FINES. IN 2002, NAHIDE OPUZ APPLIED TO THE ECHR BECAUSE THE STATE COULD NOT PROTECT HER FROM THIS VIOLENCE THAT HAS BEEN GOING ON FOR YEARS. IN 2009 THE COURT HELD THAT TURKEY VIOLATED THE PROHIBITION OF DISCRIMINATION, AND THE STATE FAILED TO PROTECT NAHIDE OPUZ FROM THE VIOLENCE OF THE HUSBAND AND RULED TO PAY COMPENSATION. IT IS A CRITICAL DECISION AS IT IS THE FIRST DECISION MADE WITH SUCH A JUSTIFICATION. THE CONVENTION REJECTS GENDER DISCRIMINATION AS WELL AS AGAINST ALL DISCRIMINATION DUE TO SEXUAL ORIENTATION. THIS IS AN INDICATION THAT THE CONVENTION IS NOT JUST FOR THE PROTECTION OF WOMEN. ANOTHER FIRST AS A PRODUCT OF THE CONVENTION IS THE INCLUSION OF THE TERMS "PSYCHOLOGICAL VIOLENCE" AND "ECONOMIC VIOLENCE" IN THE CONVENTION'S CONTENT AS MALE VIOLENCE. AS A FUNDAMENTAL RIGHT AND FREEDOM AGREEMENT, THE ISTANBUL CONVENTION IS ABOVE THE LAWS REGARDING THE HIERARCHY OF NORMS. SINCE IT IS A HUMAN RIGHTS CONVENTION, RETURNING FROM SUCH A CONVENTION WOULD MEAN LOSING VESTED RIGHTS. IN PRINCIPLE, SUCH A TRANSACTION IS NOT ACCEPTABLE. HOWEVER, GUARANTEEING WOMEN'S LIVES IN TURKEY, ISTANBUL CONVENTION ENDED IN ONE NIGHT WITH THE PRESIDENT'S DECISION. ALTHOUGH IT WAS ACCEPTED FOR A MOMENT WHEN IT WAS POSSIBLE TO WITHDRAW FROM THE CONVENTION, THIS TIME, FOLLOWING THE PRINCIPLE OF PARALLELISM IN AUTHORITY AND PROCEDURE, THE CONTRACT, WHICH ENTERED INTO FORCE WITH THE VOTE OF THE GRAND NATIONAL ASSEMBLY OF TURKEY, SHOULD HAVE BEEN ABOLISHED BY THE TGNA IN THE SAME WAY. THE PRESIDENT CANNOT TAKE REGULATORY ACTION ON AN ISSUE FALLING WITHIN THE JURISDICTION OF THE LEGISLATURE. THEREFORE, THE TERMINATION PROCESS MADE BY THE DECREE OF THE PRESIDENT IS LEGALLY NULL AND VOID. THIS DECISION MUST BE CANCELED BY APPLICATION TO THE COUNCIL OF STATE.

SOURCES:


HATE CRIMES IN CROATIA:

PAKISTANI PRIME MINISTER CRITICISED FOR VICTIM BLAMING IN RAPE CASES:

332 DAYS WERE NEEDED TO BRING JUSTICE FOR GEORGE FLOYD'S MURDER PAKISTANI PRIME MINISTER CRITICISED FOR VICTIM BLAMING IN RAPE CASES:

VIOLENCE REIGNS OVER NORTHERN IRELAND:

IN LEGAL TERMS; ISTANBUL CONVENTION AND TURKEY:


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