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	Targeting civilian infrastructure puts civilian lives in peril by ICRC, OHCHR, agencies Ukraine   Feb. 2023   UN High Commissioner for Human Rights Volker Türk has deplored the human cost of the war in Ukraine that has left at least 8,006 civilians dead and 13,287 injured over the past 12 months, in addition to the numerous lives previously lost in the conflict in eastern Ukraine.   “These numbers, which we are publishing today, lay bare the loss and suffering inflicted on people since Russia’s armed attack began on 24 February last year; suffering I saw for myself first hand when I visited Ukraine in December. And our data are only the tip of the iceberg. The toll on civilians is unbearable. Amid electricity and water shortages during the cold winter months, nearly 18 million people are in dire need of humanitarian assistance. Some 14 million people have been displaced from their homes,” Türk said.   “The very young to the very old have all been affected. Students have seen their education halted or disrupted by attacks on educational facilities, while older people and people with disabilities have faced immense challenges, in some cases unable to reach bomb shelters or having to spend prolonged periods in basements in conditions affecting their health,” the UN Human Rights Chief said. Most of those remaining in conflict-affected areas are older people, who are often reluctant or unable to leave dangerous areas.   “Every day that violations of international human rights and humanitarian law continue, it becomes harder and harder to find a way forward through mounting suffering and destruction, towards peace,” Türk stressed.   According to the UN Human Rights Office’s monitoring mission in Ukraine, of the adult civilian casualties whose sex was known, men accounted for 61.1 per cent of civilian casualties and women for 39.9 per cent. At least 487 children were killed and 954 injured.   Some 90.3 per cent of civilian casualties were caused by explosive weapons with wide area effects, including artillery shells, cruise and ballistic missiles, and air strikes. Most occurred in populated areas.   The Office has also recorded 632 civilian casualties – 219 killed and 413 injured – caused by mines and explosive remnants of war.   The Office’s presence on the ground, which has been monitoring civilian casualties in Ukraine since 2014, has stressed that the actual figures are likely substantially higher, as its numbers only reflect verified individual cases.   The monitoring mission has also received information regarding civilian casualties in the territory of the Autonomous Republic of Crimea and the city of Sevastopol, occupied by the Russian Federation. Many reports of civilian casualties are still pending corroboration in other occupied areas of Ukraine, notably in locations such as Mariupol (Donetsk region) and Lysychansk, Popasna, and Sievierodonetsk (Luhansk region).   In addition, the Office has information regarding 160 civilian casualties – 30 killed and 130 injured - in the territory of the Russian Federation. Given the lack of corroborating information to date, these figures have not been included in the total numbers.   Civilians have been killed in their homes and while simply trying to meet their essential needs, such as collecting water and buying food.   “Efforts to establish accountability and justice for violations of international law must intensify and deepen. It is equally vital that victims are able to access reparations and the practical assistance they desperately need, without first having to wait for the outcomes of formal legal proceedings,” the High Commissioner said.   “This senseless war has reverberated across the world. Higher costs of food and fuel as a result have deepened misery on a global scale, especially among those who were already the most vulnerable. This war, which is a blatant affront to the UN Charter and the whole body of international law built to protect human beings everywhere, and its vast human toll must end now.”   Matilda Bogner, Head of the UN Human Rights Monitoring Mission in Ukraine (HRMMU), said that more than 100 cases of conflict-related sexual violence had been documented thus far, along with hundreds of cases of enforced disappearances and arbitrary detention.   “These are just the cases that we have been able to document,” she said. “The real scale of these things is yet to be fully understood but our figures show that there are a lot of violations taking place. The information that we collect is useful for international prosecutions, both in terms of showing the patterns of violations that are taking place.”   Disturbing information about abuses in Kherson has been reported, where residents spoke of torture and abuse by Russian forces, until they withdrew in November.   Dr Hans Kluge, WHO Regional Director for Europe reported that there had been 780 attacks on health-care services in Ukraine over the past year. With a recent WHO needs assessment survey revealing that 1 in 10 Ukrainians reporting they struggle to access medicines for various reasons – including damaged or destroyed pharmacies and the unavailability of supplies. Almost one third of people surveyed say they can no longer afford the medicines they need.   One year into the war, the UN Children’s Fund (UNICEF) warned that “not a single aspect of children’s lives” had been spared by the conflict.   “Children in Ukraine have experienced a year of horror,” said UNICEF Executive Director Catherine Russell. “Millions of children are going to sleep cold and scared and waking up hoping for an end to this brutal war. Children have been killed and injured, and many have lost parents and siblings, their homes, schools and playgrounds. No child should ever have to bear that kind of suffering.”   According to UNICEF, the percentage of children living in poverty has almost doubled from 43 per cent to 82 per cent. The situation is especially acute for the 5.9 million people who are currently displaced within Ukraine.   “The war is also having a devastating impact on the mental health and well-being of children,” the UN agency continued. “An estimated 1.5 million children are at risk of depression, anxiety, post-traumatic stress disorder and other mental health issues, with potential long-term effects and implications.”   http://news.un.org/en/story/2023/03/1134732 http://news.un.org/en/story/2023/03/1134652 http://news.un.org/en/story/2023/02/1133737 http://www.unicef.org/eca/press-releases/war-ukraine-pushes-generation-children-brink-warns-unicef http://www.ohchr.org/en/press-releases/2023/02/turk-deplores-human-cost-russias-war-against-ukraine-verified-civilian http://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index http://phr.org/news/at-least-707-attacks-on-health-care-in-ukraine-during-one-year-of-russias-assault-on-civilians-report/ http://www.who.int/activities/stopping-attacks-on-health-care http://www.safeguardinghealth.org/ http://www.msf.org/attacks-medical-care http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(23)00387-2/fulltext http://www.pbs.org/wgbh/frontline/interactive/ap-russia-war-crimes-ukraine/ http://www.hrw.org/video-photos/interactive/2023/02/23/ukraine-a-year-of-atrocities-justice-essential http://www.globalr2p.org/countries/ukraine/   2 Nov. 2022   The recurrent attacks against essential civilian infrastructure in the context of the Russia-Ukraine international armed conflict are disrupting access to key services, causing major civilian suffering, especially as temperatures have started to drop significantly.   Hostilities have had an outsized effect on essential infrastructure, including power and water supply systems which have sustained heavy damage in recent weeks.   The International Committee of the Red Cross (ICRC) has been taking urgent action in coordination with local authorities in areas affected by the fighting to repair damaged infrastructure and provide materials for people to make essential home repairs. But the needs are massive.   “As winter closes in, people are going to struggle to meet their basic needs like having clean drinking water and staying warm. Targeting civilian infrastructure puts civilian lives in peril and is prohibited by international humanitarian law,” said Guislain Defurne, ICRC’s head of operations in Ukraine. “Our teams will continue to support affected communities and local authorities with whom we’ve been working closely for years.”   In addition to its work to repair key infrastructure, the ICRC – in partnership with the Ukrainian Red Cross Society and in coordination with the authorities - also provided more than 63 million Swiss francs in financial support to over 330,000 particularly vulnerable people living in areas directly affected by hostilities.   People living in those areas are sharing major concerns as power cuts and frigid temperatures become the norm, a particularly perilous situation for vulnerable civilians like the elderly, the injured, children and people with disabilities.   “I am very worried about those who have been left homeless. A friend’s house was heavily damaged. Doors and windows were smashed, as were the roof and the ceiling. Winter is around the corner and there is no gas, no light, no water. You can imagine what it’s like,” said Tetiana, a resident of Shevchenkove, a small town in the Kharkiv region in the north of Ukraine.   The ICRC has been working on electricity and water rehabilitation projects since 2014 and has scaled up its activities for the people affected by the international armed conflict over the past eight months. Rehabilitation of essential infrastructure and support to civilians are key components of ICRC’s work.   The war in Ukraine has caused massive destruction in urban centres, damaging or destroying thousands of homes across the country and leaving over 11.2 million people in need of emergency shelter and other vital household items.   The wave of attacks on Ukraine’s energy infrastructure, which started on 10 October, is leaving millions of people across the country not only without power, but also limited access to clean water as the pumps to supply water depend on electricity. The lack of water is particularly critical now during the harsh cold season, as it is necessary to run the heating systems in most of Ukraine’s homes.   * More than 10 million Ukrainians are without electricity after dozens of Russian air attacks on the country’s energy infrastructure as winter sets in and temperatures plummet. Repeated barrages have disrupted electricity and water supplies across Ukraine. The United Nations has warned of a humanitarian disaster in the country this winter due to power and water shortages.   http://www.icrc.org/en/document/russia-ukraine-international-armed-conflict-immense-damage-essential-infrastructure http://www.icrc.org/en/document/ukrainerussia-civilian-lives-and-infrastructure-must-be-protected http://www.icrc.org/en/explosive-weapons-populated-areas http://www.ifrc.org/press-release/ukraine-six-months-ifrc-warns-ripple-effects-and-mounting-humanitarian-needs http://www.ifrc.org/taxonomy/term/427   http://www.unicef.org/eca/press-releases/almost-7-million-children-ukraine-risk-attacks-energy-infrastructure-cause http://reliefweb.int/report/ukraine/ukraine-escalation-attacks-across-country-flash-update-no-4-31-october-2022-enukru http://reports.unocha.org/en/country/ukraine/ http://news.un.org/en/story/2022/11/1131012   23 Sep. 2022   International Commission of Inquiry on Ukraine concludes that war crimes have been committed.   Based on its investigations into events in the regions of Kyiv, Chernihiv, Kharkiv and Sumy, the Independent International Commission of Inquiry on Ukraine has concluded that war crimes have been committed in Ukraine.   The Commission has documented violations, such as the illegal use of explosive weapons, indiscriminate attacks, violations of personal integrity, including executions, torture and ill-treatment, and sexual and gender-based violence. It also found that the rights of children have been violated.   On a visit to Ukraine in June 2022, the Commission observed first-hand the damage that explosive weapons with wide-area effects caused to residential buildings and infrastructure in populated areas, including schools and hospitals. A number of the attacks that the Commission investigated were carried out without distinguishing between civilians and combatants.   "We were struck by the large number of executions in the areas that we visited," Erik Mose, chair of the Commission, said. "We are concerned about the suffering that the international armed conflict in Ukraine has imposed on the civilian population."   He added that the Commission is currently investigating executions in 16 towns and settlements, and has received credible allegations regarding many more such cases. Common elements to these crimes included the prior detention of the victims and visible signs of execution, such as hands tied behind backs, gunshot wounds to the head, and slit throats.   Witnesses provided the Commission with consistent accounts of ill-treatment and torture carried out during unlawful confinement. Some of the victims reported that after initial detention by Russian forces in Ukraine, they were transferred to the Russian Federation and held for weeks in detention centres, where they were subjected to torture and other forms of ill-treatment.   The investigation into sexual and gender-based violence has shown that some Russian Federation soldiers committed such crimes. The age of victims of sexual and gender-based violence ranged from four to 82 years.   The Commission has also found that children were exposed to repeated explosions, violations, forced displacement and separation from family members, as well as other violations.   In the four areas where the investigation was conducted -- Kyiv, Chernihiv, Kharkiv and Sumy -- the Commission processed two incidents of ill-treatment against Russian Federation soldiers by Ukrainian forces. While few in number, such cases continue to be the subject of the Commission's attention.   The Commission visited 27 towns and settlements and has interviewed more than 150 victims and witnesses. Its investigators inspected sites of destruction, graves, places of detention and torture, as well as weapon remnants, and consulted a large number of documents and reports.   In the course of its investigation, the Commission met with Government authorities, international organisations, civil society, and other relevant stakeholders.   http://www.ohchr.org/en/press-releases/2022/10/un-commission-has-found-array-war-crimes-violations-human-rights-and http://reliefweb.int/report/ukraine/un-commission-concludes-war-crimes-have-been-committed-ukraine-expresses-concern-about-suffering-civilians-enuk http://ukraine.un.org/en/201041-un-human-rights-reports-dire-human-rights-situation-seven-months-after-start-russian http://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index http://www.icc-cpi.int/ukraine
	The duty to rescue persons in distress at sea is a fundamental rule of international law by UNHCR, the UN Refugee Agency, OHCHR, agencies   Mar. 2024   MSF rescue ship detained in Italy following threats by Libyan Coast Guard. (MSF)   Geo Barents, the search and rescue ship operated by Medecins Sans Frontieres (MSF), has been issued a detention order for 20 days by the Italian authorities for allegedly failing to comply with instructions issued by the Libyan Coast Guard and endangering the lives of survivors during a rescue operation in the Central Mediterranean sea on 16 March – allegations which MSF strongly denies.   MSF denounces the imposition of sanctions on our ship and Italy’s systematic collusion with the Libyan Coast Guard to prevent people from seeking safety and protection in Europe at all costs.   “Italy’s actions are outrageous,” says Juan Matias Gil, MSF search and rescue representative. “The very authorities we are accused of disobeying – the Italy-supported Libyan Coast Guard – were the ones who endangered people’s lives that day. Yet we are the ones sanctioned simply for fulfilling our legal duty to save lives at sea.”   On 16 March, an MSF team went to the rescue of 146 people in distress aboard a wooden boat in international waters. In the middle of the rescue, a Libyan Coast Guard patrol vessel – donated to Libya by the Italian government in 2023 – arrived at the scene and attempted to stop the rescue. Members of the Libyan Coast Guard tried to forcibly board one of MSF’s rescue boats and aggressively threatened survivors and MSF staff with arrest and forcible removal to Libya.   For over two hours, the Libyan patrol vessel performed dangerous manoeuvres in an attempt to block the ongoing rescue, risking the lives of dozens of people, including MSF staff.   “This detention is the latest example of the hypocrisy of the European Union (EU) and its member states, who are doing everything in their power to punish those involved in search and rescue activities, while being themselves complicit in the violent pushbacks of thousands of people to Libya every year,” says Gil.   The detention of Geo Barents marks the twentieth time that a humanitarian search and rescue ship has been detained since the enforcement of a new Italian law in early 2023 which intentionally targets and obstructs the lifesaving search and rescue activities of non-governmental organisations (NGOs) at sea.   “In recent years, NGOs have been harassed and criminalised by European governments, including Italy,” says Gil. “This behaviour is a dirty political tactic to prevent people arriving on European shores at all costs. Geo Barents always operates in accordance with international maritime law.”   “We have appealed this unjust and ultimately dangerous detention in court. Once again, it is the people attempting to flee Libya who pay the final price, as yet another search and rescue ship is stopped from saving lives at sea,” he says.   As well as violating international and European laws, the Italian Law 15/2023, also known as Piantedosi Decree, has exacerbated the already insufficient search and rescue capacity at sea, making the central Mediterranean – one of the world’s most dangerous migration routes – even more deadly.   MSF calls on the Italian authorities to stop immediately obstructing NGO lifesaving assistance at sea.   http://www.msf.org/msf-rescue-ship-detained-italy-following-threats-libyan-coast-guard http://missingmigrants.iom.int/data http://apnews.com/article/migration-global-deaths-united-nations-9fba1b7019e6b1113b7e3e9ce751c0bb   16 June 2023   IOM and UNHCR Call for Decisive Action following latest Mediterranean Tragedy   The International Organization for Migration (IOM), and UNHCR, the UN Refugee Agency are calling for urgent and decisive action to prevent further deaths at sea following the latest tragedy in the Mediterranean, the worst in several years.   While the number of people onboard the boat which capsized on 14 June off the coast of Greece is not clear, it is believed to have been somewhere between 400 and 750 (including women and up to 100 children, none of who survived) according to various testimonies. So far 104 people have been rescued and 78 bodies retrieved, while hundreds remain missing, and feared dead.   The boat was reportedly in distress since the morning of the 13 June. A large-scale search and rescue operation was announced by the Hellenic Coast Guard on the morning of 14 June, after the boat capsized.   The duty to rescue people in distress at sea without delay is a fundamental rule of international maritime law. Both shipmasters and States have an obligation to render assistance to those in distress at sea regardless of their nationality, status or the circumstances in which they are found, including on unseaworthy vessels, and irrespective of the intentions of those onboard.   Any action carried out with regard to search and rescue should be conducted in a manner consistent with the obligation to prevent loss of life at sea.   IOM and UNHCR welcome the investigation that has been ordered in Greece into the circumstances which eventually led to the boat capsizing and the loss of so many lives.   Both UNHCR and IOM have been on the ground in Kalamata, in southern Greece in close coordination with the authorities providing support and assistance to the survivors.   IOM and UNHCR reiterate that search and rescue at sea is a legal and humanitarian imperative. “It is clear, that the current approach to the Mediterranean is unworkable. Year after year, it continues to be the most dangerous migration route in the world, with the highest fatality rate. States need to come together and address the gaps in proactive search and rescue, quick disembarkation, and safe regular pathways. These collective efforts should have the human rights of migrants and saving lives at the centre of any response” said Federico Soda, IOM Director for the Department of Emergencies.   “The EU must put safety and solidarity at the heart of its action in the Mediterranean. In view of the increased movements of refugees and migrants in the Mediterranean, collective efforts, including greater coordination between all Mediterranean States, solidarity and responsibility-sharing, as reflected in the EU’s Pact on Migration and Asylum are essential to save lives. This includes the establishment of an agreed regional disembarkation and redistribution mechanism for people who arrive by sea, which we continue to advocate for.” said Gillian Triggs, UNHCR Assistant High Commissioner for Protection.   http://www.iom.int/news/iom-and-unhcr-call-decisive-action-following-mediterranean-tragedy http://www.ohchr.org/en/statements/2023/06/greece-shipwreck-un-committee-dismayed-rising-death-toll-calls-international http://www.sos-childrensvillages.org/eu-must-not-be-complicit-loss-lives-sea-and-rights-violations-europes-borders   Jan. 2023   Migrant aid workers in Greece could face years in prison for their lifesaving work. (DW)   Under international maritime law, saving lives at sea is not a crime and "the shipmaster has an obligation to render assistance to those in distress at sea without regard to their nationality, status or the circumstances in which they are found," according to the UN's Convention on the Law of the Sea.   The trial of 24 aid workers who helped rescue migrants off the coast of Greece is set to begin on the Greek island of Lesbos on Tuesday.   The 24 defendants, including several foreign nationals, worked for the now defunct NGO Emergency Response Centre International — a search and rescue group operating on the island of Lesbos from 2016 to 2018 — and have been charged with facilitating illegal migration into the European Union, as well as other felonies.   Three of the defendants — Sarah Mardini, Sean Binder and Nassos Karakitsos, who were arrested in August 2018 — have already spent more than three months in pre-trial detention after providing lifesaving assistance to refugees.   They also face a raft of other charges including espionage, people smuggling, belonging to a criminal group and money laundering — felonies which can carry up to 25 years in a Greek prison.   "When you say something is criminal, or heroic, you somehow imply that it is abnormal. And helping someone from drowning is the most normal thing you could do," Binder told DW in a 2021 interview. "What would you do if you see somebody in the water and they're reaching out to hold you? You would obviously put your hand out and pull them in. "As soon as you've done so, you've supposedly committed the same crime that I've committed. This isn't a crime and it's not heroic," he added.   The two dozen aid workers including Binder, Mardini and Karakitsos first stood trial in November 2021. But the case was adjourned within a few hours, with the Mytilene Misdemeanour Court ruling that it did not have jurisdiction since one of the defendants was also a lawyer.   "But there were other reasons it could have been adjourned," said Binder. "For example, the indictment — the document that was sent to us was in a language we don't understand and if we were to proceed on that basis with this indictment, it would be a violation of our right to a fair trial," he said.   Glykeria Arapi, Amnesty International's Director in Greece, said this complex case is an attempt by Athens to criminalize humanitarian work and deter search and rescue missions.   "There are too many people under this trial at the court, so there might be a reason for the trial to be adjourned again. But that would only exacerbate the ongoing violations of human rights by extending this farcical prosecution," she said.   Meanwhile, Mardini, who was also arrested alongside Binder, continues to be barred from representing herself at the trial because of an order banning her from entering Greece. The Syrian will be following the case from afar, said Binder.   At the height of Europe's 2015 migrant crisis Mardini and her sister, Yusra, fled the civil war in their country and made international headlines for surviving the dangerous journey.   They were competitive swimmers, and when their dinghy began to sink in the Aegean Sea between Turkey and Greece they managed to push the boat to shore, saving the lives of the other refugees on board. Their story inspired the 2022 Netflix film "The Swimmers."   After being granted asylum in Germany, Sarah Mardini returned to Lesbos to continue helping in search and rescue missions at sea. But she and Binder were constantly monitored. In February 2018, they were stopped by Greek police at the shore and asked for their passports. Afterward, Binder's home was searched and they were made to hand over their laptops and phones.   "We even read a newspaper article in Greek which said something like 'a German spy' — which is me — 'and his Syrian accomplice were trying to infiltrate a military base to steal state secrets.' Completely ridiculous!" said Binder.   The police released a statement after their arrest, saying they were investigating 30 people believed to be involved in facilitating undocumented migrant crossings into the country. Mardini told DW in 2021 that she has been completely broken by the entire ordeal.   "You know this feeling of having many needles poking your skin? I always feel like I'm being hurt by them constantly. It's been a really tough and emotional period for me, and even my loved ones are suffering, looking at my pain," she said.   Greece is one of the top entry points for migrants into the EU. The conservative government, in power since 2019, has expressed frustration that other EU countries are not sharing the burden of hosting asylum-seekers.   Over the past year, Greece's crackdown on people showing solidarity with migrants has increased. The government has arrested those involved in search and rescue missions, and surveilled journalists who report on the government's response to migration at its borders.   Under international maritime law, saving lives at sea is not a crime and "the shipmaster has an obligation to render assistance to those in distress at sea without regard to their nationality, status or the circumstances in which they are found," according to the UN's Convention on the Law of the Sea.   Michael Phoenix, a researcher supporting Mary Lawlor, the UN's special rapporteur on human rights defenders, told DW that within the EU, there is no law which explicitly recognizes the work of human rights defenders nor does it effectively protect their rights.   "When human rights defenders are criminalized for acting or working in solidarity with migrants, refugees and asylum-seekers, they're most often accused of facilitating irregular entry or stay in a state," he said.   Under international law, Phoenix said such an action is only considered criminal if there's an intent to profit.   "The EU's anti-smuggling framework isn't completely in line with this because it doesn't require the element of financial gain for facilitating irregular entry," he said, adding that this has led to some EU states criminalizing acts of solidarity with migrants, refugees and asylum-seekers.   EU lawmaker and Irish politician Grace O'Sullivan thinks there needs to be a solidarity mechanism or EU law that recognizes the work of humanitarian workers like Mardini and Binder.   "In this particular case these aid workers were actually working in cooperation with the Greek government, but all of a sudden something changed. And that's where we need to focus on what happened and question why countries are pushing back now," she said, speaking from Athens.   "The EU is going to see more people in need of refuge as a result of conflicts and climate change. So instead of this knee-jerk reaction and pushback from countries, we need to work as a union around mechanisms of solidarity, not only to support the humanitarian workers, but also to support those who are genuinely seeking refuge in the European Union," she said.   O'Sullivan is among more than 80 members of the European Parliament who have signed a letter asking the Greek government to drop the charges against the 24 humanitarian workers. Human rights groups across Europe have also organized solidarity protests ahead of the trial.   http://www.dw.com/en/migrant-aid-workers-in-greece-could-face-years-in-prison/a-64330878 http://srdefenders.org/information/human-rights-defenders-on-trial-in-greece/ http://www.ohchr.org/en/press-releases/2023/01/trial-human-rights-defenders-greece-helping-migrants http://www.coe.int/en/web/commissioner/-/greek-authorities-should-reverse-the-trend-undermining-the-work-of-human-rights-defenders-and-journalists http://www.amnesty.eu/news/greece-farcical-trial-of-rescue-volunteers-begins-next-week/ http://www.amnesty.org/en/latest/campaigns/2020/03/free-to-help/ http://www.hrw.org/news/2023/01/09/italys-anti-rescue-decree-risks-increasing-deaths-sea http://www.ohchr.org/en/press-releases/2023/02/italy-criminalisation-human-rights-defenders-engaged-sea-rescue-missions http://www.msf.org/new-decree-obstructs-lifesaving-efforts-sea-and-will-cause-more-deaths http://news.un.org/en/story/2023/02/1133917 http://www.iom.int/news/deadliest-quarter-migrants-central-mediterranean-2017   Update: 16 Jan. 2023   Sea Rescuers still waiting for justice in Greece. (Human Rights Watch)   Sea Rescuers Sarah Mardini and Sean Binder were thrown in jail on baseless charges for helping rescue migrants and asylum seekers in the Mediterranean Sea in August 2018. Four years and four months later, they and 22 other defendants in the “largest case of criminalization of solidarity in Europe” finally had their day in court. While the Court of Appeal of Mytilene, on Lesbos threw out the case, largely on procedural grounds, the humanitarians’ ordeal is far from over.   The failure to translate the indictment for the foreign defendants, and the vagueness of evidence on espionage charges for all the defendants, led the court to send the case back to the prosecutor. Because these are minor offenses charges with a five-year statute of limitations that is about to expire, the case has effectively collapsed, except for two Greek defendants the court referred to a lower court to stand trial for charges of forgery and assisting a “criminal organization.” That organization is actually a search-and-rescue group that was registered in Greece and cooperated with the Greek coast guard.   While the decision appropriately recognized some basic procedural flaws, it did not recognize that saving lives and solidarity with asylum seekers is not a crime. In fact, the defendants are still at risk from a related serious crime investigation, which prosecutors had separated from the minor offenses charges so that these could be tried before expiring. No charges have yet been issued in the serious crime case, but according to the information so far made public, it appears to misrepresent the search-and-rescue group’s humanitarian operations as human smuggling by a criminal organization, and mischaracterizes legitimate fund-raising activities by the group, which was a registered nonprofit organization, as money laundering. Each serious crime carries five to 10 years in prison, and a third charge, facilitation of illegal entry for foreign nationals, carries 10 to 15 years for each person whose entry is facilitated.   While the Greek authorities use the justice system to unfairly criminalize those helping people at sea and on land, they continue to carry out illegal and sometimes deadly pushbacks of migrants across the Greek border and seek to punish those who call them out.   http://www.hrw.org/news/2023/01/16/sea-rescuers-still-waiting-justice-greece   23 Dec. 2022   UNHCR, the UN Refugee Agency, is reminding States in the region that some 180 desperate people are on the verge of perishing at sea, adrift somewhere between the Andaman Sea and the Bay of Bengal as pleas to rescue and disembark them are continuously ignored.   Reports indicate those onboard have now remained at sea for a month in dire conditions with insufficient food or water, without any efforts by States in the region to help save human lives. Many are women and children, with reports of up to 20 people dying on the unseaworthy vessel during the journey.   “This shocking ordeal and tragedy must not continue. These are human beings – men, women and children. We need to see the States in the region help save lives and not let people die," said Indrika Ratwatte, UNHCR’s Director for Asia and the Pacific.   Since the first reports of the boat being sighted in Thai waters, UNHCR has received unverified information of the vessel being spotted near Indonesia and then subsequently off the coast of the Andaman and Nicobar Islands of India. The boat’s current location is reportedly once more back eastwards, in the Andaman sea north of Aceh.   UNHCR has repeatedly asked all countries in the region to make saving lives a priority. The agency had alerted the Indian marine rescue centre earlier this week, requesting immediate action to save lives and allow for disembarkations.   "It is devastating to learn that many people have already lost their lives, including children," added UNHCR’s Ratwatte. "Sadly, this makes it one of the deadliest years in the seas in the region."   It is very hard for UNHCR to verify this information, but if true this will take the number of dead and missing in the Bay of Bengal and the Andaman Sea to nearly 200 this year. A shocking number that represents around 10 per cent of the estimated 2,000 people who have taken risky sea journeys in the region in 2022.   All States have a responsibility to rescue those on the boat and allow them to safely disembark in line with legal obligations and in the name of humanity.   * 26/12/2022 (Reuters, agencies)   The United Nations Refugee Agency (UNHCR) said it feared that 180 Rohingya refugees stranded for weeks at sea may have died. The agency said it had received unconfirmed reports that the boat, which had left Bangladesh several weeks ago, may have sank after it went missing in the sea.   UNHCR Asia Pacific @UNHCRAsia: Tragic update: Since our statement yesterday, UNHCR has received unconfirmed reports of the boat - with 180 Rohingya, missing in the sea. Relatives have lost contact. Those last in touch presume all are dead. We hope against hope this is not the case.. If true, this will be devastating news. Our heart goes out to all the families who would have lost loved ones in this shocking tragedy. We repeat our pleas to the States in the region to help save lives. This must be a priority (24/12)   http://www.unhcr.org/en-au/news/briefing/2023/1/63c66c3c4/unhcr-seeks-comprehensive-regional-response-address-rise-deadly-south-east.html http://www.unhcr.org/asia/news/press/2022/12/63a51a9f9/unhcr-urges-states-to-act-now-to-save-lives-in-the-andaman-sea.html http://www.ohchr.org/en/press-releases/2022/12/coordinated-regional-action-urged-stop-rohingya-deaths-sea-un-expert http://news.un.org/en/story/2022/12/1132037 http://www.ohchr.org/en/press-releases/2022/12/myanmar-action-needed-stop-carnage-says-un-expert-after-adoption-security http://aseanmp.org/2022/12/20/southeast-asian-mps-call-on-asean-member-states-and-other-countries-in-the-region-to-rescue-boat-with-to-200-rohingya-refugees/ Visit the related web page
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