Daily Briefs


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26 May 2022, Thursday | NIAS Europe Daily Brief #211

Amnesty Report on death sentences and executions | Slovakia and Hungary's Slana river turns orange

Hungary extends state of emergency; EU to add sanction evasion to crime list; Germany responds to Poland's accusations

IN FOCUS
By Padmashree Anandhan and Ashwin Dhanabalan

Amnesty International Report: Death sentences and executions
On 24 May, Amnesty International released its annual report on the death penalty and executions given by countries across the globe with a comparison to 2021. It provides a detailed report on the death sentences, executions, and violations of international law practised by countries across the globe and analyses the trend of increase amongst certain states. As per the Amnesty report: “Amnesty International’s monitoring of the global use of the death penalty in 2021 revealed an increase by 20% in recorded executions and 39% in known death sentences compared to 2020. Eighteen countries executed a total of at least 579 people, and 56 countries sentenced a total of at least 2,052 people to death. However, the 2021 global executions figure was the second-lowest recorded by Amnesty International since at least 2010, in line with the historical trend towards global abolition.”

Key takeaways
First, targeted executions. The death sentences and executions were found to be declared on those who engaged in anti-government protests. To maintain power and support, political opponents, minorities, and ethnic groups were also the targets of the governments.

Second, reasons behind increased executions. The following are the key reasons for the increase in executions and death penalties. One is to suppress the protestor groups and minorities leading to disregard of international human rights and protecting the state. Two, skipping arbitral proceedings and direct sentencing without the choice to appeal. Such direct sentencing was declared under ambiguous reasons, “enmity against god,” political repression, terrorism, conspiracy to carry out violence, and participation in anti-government protests.

Third, abolitionist v. retentionist. The report found that close to two-thirds of countries (144) across the globe had removed the death penalty from its legal practice and only 55 countries remain to practise the execution. Amnesty also reported on parties who do not provide death sentences for any form of crime. The list contained all European countries except Belarus which still opts for the death penalty for ordinary crimes. Apart from this Central Asia region, South Africa and small-island nations had also opted for similar practices. A key development in Sierra Leone, Kazakhstan and Virginia opting to eliminate the death penalty. While the retentionist countries continue to keep the death sentencing and execution as part of law till now against the international standards. It includes Belarus which due to secret state practices, the actual data could not be collected, but it was found to have restarted the use of executions in 2019.

Where does Europe stand?
Belarus has been the one EU member state standing out from the region for the practice of death sentences and executions. Despite condemnations from the UN on sentencing and secret executions, Belarus is found to be continuing it under the Victor Orban government. In the recent report released by the UN, the execution of people without notice to the prisoner’s family members was highlighted. It found Belarus to be violating the International Covenant on Civil and Political Rights (ICCPR) norms on three grounds. First, the right to life. Second, is the right to individual liberty, and the third right to a fair trial. Excluding Belarus, all the European countries are observed to have abolished the death sentencing and executions from their laws. The abolition has been implemented through three protocols. It facilitates the removal of the death penalty with a provision to bring it back in case of war to protect human rights and fundamental freedoms. Thereby the EU along with the UK adopts the best judicial and legislative practice compared to the US, China and the rest of the world in dealing the ordinary crimes.

References:
Death Penalty 2021: State-sanctioned killings rise as executions spike in Iran and Saudi Arabia,” Amnesty International, 24 May 2022
Egan Richardson, “Amnesty: Executions rise after COVID restrictions end,” Deutsche Welle, 23 May 2022


Slovakia and Hungary's Slana river turns orange, causing environmental degradation 
The Slana river, also known as the Sajo river in Hungary, is environmentally and historically significant. The river runs approximately 230 kilometres, of which 110 kilometres of the river is in Slovakia, and the rest is in Hungary. Unfortunately, the river started turning orange in February due to the outflow of mining waters from an iron ore mine that closed in 2008. The mining company called Siderit in Nižná Slaná operated from 1975 to 2008 until it went bankrupt. Slovakia's state-run mining company Rudné Bane took over the site and implemented necessary measures in 2012, but that did not stop the outflow from causing the ecological disaster. This has also revived calls for proposing groundwater outflows in Slovakia be registered as environmental burdens.

Implications on wildlife
The "orange river," with high iron ore and zinc content, has killed fish and wildlife downstream. However, authorities on both sides speculate if the river is dead as residents only found plentiful carcasses and dead crabs instead of trout, grayling, or chub fish that used to be readily on the Slovakian side. Slovakia’s experts are predicting a large-scale ecological disaster as the high iron ore in rivers covers the fish gills, which leads to their death. However, Slovakia’s state-run mining company Rudne Bane's director Peter Zitnan stated that this was not a poisonous leak. 

On the Hungarian side, the state water authority has been monitoring the river as it only has turned brown occasionally. Nevertheless, due to the substantial dilution, the pollution has not changed the water quality or killed fish. Hungary's politician Anna Donáth of the Momentum party has been spearheading the push for the two governments to take action on the crisis. She called on the governments and said they had "so far stood by idly and watched the ecological disaster unfold." 

Steps taken by authorities in Slovakia and Hungary 

Slovakia's economy ministry stated that it would ensure water would not flow into deeper parts of the mine and let more iron ore-rich water overflow. The ministry also urged the finance ministry to release EUR 200,000 to tackle the situation. Citizens in Slovakia even wrote to the European Commission as local authorities initially did not take action. 

Hungarian residents in the first few villages along the river have urged the government to put measures to deter a spillover of water pollution. In addition, residents are concerned about the wildlife and the fish supplies they use for their diet. Hungarian authorities have also been continuously taking samples at the Sajópüspöki, Miskolc, and Muhi to measure the toxicity of the river.  

Hungary's agriculture minister Nagy plans to visit Slovakia and meet with Slovakia's environment minister. He added: "Let us not forget that it is our common duty to protect the world we have created and to maintain its biodiversity." The Slovak authorities also confirmed that they plan on preparing a procurement to divert the river. This would release the uncontaminated water from the higher levels of the mine directly into the river than overflowing into the mine and then polluting the river. 

References: 
Maeve Campbell," 'Ecological disaster' develops in Slovakia as river contaminated by orange iron," Euronews, 23 May 2022 
"Agriculture Minister Nagy to Visit Slovakia after Depletion of Sajó River Wildlife due to Pollution," Hungary Today, 23 May 2022 
Abraham Vass, "Sajó River Wildlife Endangered due to Polluted Mine Water from Slovakia," Hungary Today, 16 May 2022
Krisztina Fenyo and Krisztina Than, "Slovakia scrambles to stem polluted water that turned Slana River orange," Reuters, 20 May 2022
Tim Gallagher, "Mining and drilling outside Russia is 'not a viable response' to Ukraine war, climate scientists say," Euronews, 19 May 2022


War in Ukraine: Day 91
By Rishma Banerjee

War on the Ground
On 25 May, Ukraine’s foreign minister, Dmytro Kuleba said that Russia is trying to use food security as their leverage. He is of the opinion that Russia is trying to blackmail the international community by talking about the possibility of unblocking the Black Sea ports. They said that they will do this if the sanctions imposed by the international community on Russia are removed.

The defence ministry said that the country is trying to retain control of a major highway to Sievierodonetsk, where Russia’s forces are trying to push in. According to defence ministry spokesman Oleksandr Motuzyanyk, they are trying to figure out alternate routes, so that the supply routes to Donbas can be maintained. On 25 May, the military said that Russian forces have shelled more than 40 towns in the Donbas region.

A parliamentarian from Ukraine, Yevheniia Kravchuk said that around 22 million tonnes of grains are being stored in silos but time is running out to supply them to the rest of the world. This comes under the impending threat of a food security crisis and is primarily happening because of Russia’s blockades of the Black Sea ports. She also said that since the next round of harvesting will start soon, there will be no space to store the fresh harvest, unless the older stocks are shipped out.

Another parliamentarian Anastasia Radina said that Germany and other countries in the West must be more prompt with supplying more weapons to Kyiv, as they are at risk of running out of stocks. At the World Economic Forum in Davos, she said, "We have only one choice, and this is to receive modern NATO-style weaponry because we cannot win the war with the Soviet-style weaponry that we have." President Zelenskyy also reiterated the same in his nightly address and said that getting the help of their partners was of utmost importance if they have to sustain the war efforts. He also said that ceding parts of his territory for peace with Russia was out of the question. This was in response to some “symptomatic editorials” that have been suggesting the same.

The Moscow View:
Claims by Russia

On 25 May, Russia’s parliament voted for a law that will remove the upper age limit for service in the country’s military. This is in the context of the dwindling forces amidst the high casualty of soldiers in Ukraine. The Bill was approved by the State Duma, and the Federation Council. It now awaits the signature of President Vladimir Putin.

Deputy Foreign Minister Andrei Rudenko said that Russia will agree to set up a humanitarian corridor to let vessels carrying food supplies leave the Black Sea ports if some ‌sanctions against the country are lifted. He also said that the food security problem requires a comprehensive approach.

The West View:
Responses from the US and Europe

On 25 May, the European Bank for Reconstruction and Development (EBRD) said that they will prepare to send additional aid to Ukraine, for its reconstruction. The EBRD has already pledged EUR 1 billion to the country but said that the donors understand that additional funding is required. Speaking on the sidelines of the World Economic Forum in Davos, President Odile Renaud-Basso said it was imperative that at least a part of the funding given to Ukraine is given as grants and not loans.

The EU proposed that the member countries will have to face criminal charges if they are found breaking the terms of the sanctions against Russia. The European commission released a statement that said: “Today's proposals aim to ensure that the assets of individuals and entities that violate the restrictive measures can be effectively confiscated in the future.” The new law has to be approved by all the member countries, and also get a majority in the European Parliament.

Two fighters of the Wagner Group, from Belarus agave been accused of murdering civillians near Kyiv. They are the first international mercenaries to face war crime charges in Ukraine.

The Global Fallouts:
Implications of the Ukraine war

On 25 May, China’s defence ministry said that the joint aerial patrol they conducted with Russia was a part of their routine annual military exercise, and was not directed at any country. This was the first joint patrol they have conducted since Russia’s invasion in Ukraine and took place near Japanese and South Korean air defence zones.

The Ecumenical Patriarch Bartholomew, who is the spiritual head of around 260 million Orthodox Christians in the world, said that the Russian Orthodox Church with their support for Russia’s invasion in Ukraine has let the Christian Orthodox fathers down. Patriarch Bartholomew said: “I did not want the Church of Russia and Brother Patriarch Kirill to be this tragic exception. I do not know how he can justify himself in his conscience.”

References:
Ukraine's Kuleba says Russia trying blackmail with Black Sea blockade offer,Reuters, 25 May 2022
Ukraine says it is fighting to keep control of key supply route in Donbas,” Reuters, 25 May 2022
Time for Ukraine grain exports ebbing as harvest looms says lawmaker,Reuters, 25 May 2022
Ukraine lawmaker calls on Germany to urgently back Kyiv with arms,Reuters, 25 May 2022
Russian parliament scraps age limit for army recruits,”  Reuters, 25 May 2022
Russia ready to set up corridor for ships leaving Ukraine with food, with conditions,” Reuters, 25 May 2022
“Divya Chowdhury and Lisa Pauline Mattackal“EBRD prepares to raise more funds to rebuild Ukraine,Reuters, 25 May 2022
Jan Strupczewski, “EU to make breaking sanctions against Russia a crime, seizing assets easier,Reuters, 25 May 2022
 “China says air patrol with Russia not directed at any country,Reuters, 25 May 2022
Orthodox spiritual leader says Russian church has 'disappointed us' over Ukraine,” Reuters, 25 May 2022
Samantha Lock, Martin Belam and Léonie Chao-Fong, “Russia-Ukraine war: what we know on day 92 of the invasion,The Guardian, 25 May 2022


IN BRIEF
By Emmanuel Royan and Sai Pranav

HUNGARY
Viktor Orban prolongs the state of emergency in Budapest
On 24 May, prime minister Viktor Orban announced the extension of the state of emergency in Hungary due to the ongoing war in Ukraine. Orban extended the constitutional amendment giving him the emergency powers, which would have expired by the end of May. The "State of Danger" was already implemented on the accounts of the COVID-19 pandemic. He said that he would protect Hungary and Hungarian families from physical security and financial threats due to the war in Ukraine by any means necessary. Being an ally of president Putin, Orban stated that it would be best for Hungary to take a neutral stance in the war. Many human rights activists opposed Orban's decision to impose the state of emergency as it would reduce the parliament's power and eventually become a new normal. ("Hungary's Orban extends emergency powers, points to Ukraine," Deutsche Welle, 25 May 2022)

THE UK
Volkswagen agrees to settle the diesel emission scandal case
On 25 May, Volkswagen (VW) said it would pay GBP 193 million as a settlement of the class action suit put forward by 91,000 drivers in the UK. The September 2015 "Dieselgate" scandal is the reason for the case against VW by the claimants in the UK. VW cars cheated the official diesel emission test using special software in 2015, which was later discovered in the US. VW had to suffer a high loss in business due to the scandal and lost more than 32 million GBP in-vehicle refits, fines, legal costs, etc. In addition to the settlement, VW also promised to take care of the legal cost of the plaintiffs. Both the parties agree that a settlement would be a better option than a long-drawn, expensive case. However, VW avoided making any admission of liability that could damage the company's reputation by accepting the settlement. ("VW pays millions in 'Dieselgate' settlement in Britain," Deutsche Welle, 26 May 2022)

Identity and language bill announced for Northern Ireland
On 25 May, the UK government introduced the identity and language (Northern Ireland) bill at Westminster to recognize and protect the Irish and foster Ulster-Scots. The bill will grant official status to the Irish language, authorise the use of Irish in courts, and establish two commissioners and an office of identity and cultural expression. The bill is expected to be debated in detail on 07 June. Nationalist party Sinn Féin hailed the proposal as a step forward in fulfilling obligations made in the 2006 St. Andrews Agreement, which preceded the creation of the first Democratic Union-Sinn Féin coalition government. (Shawn Pogatchnik, “UK to make Irish an official language in Northern Ireland,” POLITICO, 25 May 2022)

REGIONAL
EU proposes to add evasion of sanctions in crime list, amid the war in Ukraine
On 25 May, the European commission recommended adding sanctions evasion to a list of EU-relevant crimes and enhancing the regulations for the seizure, confiscation, and sale of assets related to such offences. The proposal comes as Ukraine and several other EU members urge for the reconstruction of Ukraine to be funded by Russian state assets and sanctioned oligarchs. Additionally, the commission is strengthening standard rules for dealing with EU crimes, including extending the grounds for asset seizure without a conviction if the court is confident that the assets result from illicit activity. It also suggests selling assets before obtaining a confiscation order to avoid devaluation. (Paola Tamma, “Brussels to make skirting sanctions an EU-wide crime,” POLITICO, 25 May 2022)

Germany astonished at Poland’s accusation on Berlin’s reluctance to send tanks to Ukraine 
On 25 May, Germany’s spokesperson, Steffen Hebestreit, responded to the president of Poland, Andrzej Duda’s accusation that the Bundestag had broken its promise to send tanks to Ukraine. These tanks would replace those that Warsaw had supplied earlier. Hebestreit stated that Germany’s government had been obvious that it would “have to see what we can deliver.” He further added a definite request from Warsaw to send state-of-the-art Leopard 2A7 main combat tanks to Poland. However, he mentioned that the Bundeswehr has only 50 of these tanks, and more are yet to be manufactured. (Laurenz Gehrke, “Germany ‘flabbergasted’ at Poland’s accusation of broken promise on tanks,” POLITICO, 25 May 2022)

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