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Historical verdict: Italy’s rejection of Slovenia is illegal / All news / Home | Instant News



The application of the readmission agreement between Italy and Slovenia was invalid. This was confirmed by the Roman Court, which accepted an appeal from a Pakistani national who had arrived in Trieste via the Balkan route and was then pushed back to Slovenia and then Bosnia and Herzegovina.

On January 18, the Roman Court granted the appeal of a Pakistani national who had arrived in Trieste along the Balkan route and, despite declaring his intention to apply for asylum, had been pushed back to Slovenia and then to Bosnia and Herzegovina.

“That the order was issued last January 18th by the Roman Court, “explained one of the appellants, attorney ASGI Anna Brambilla,” is of great importance, as it acknowledges the invalidity of the application. Readmission agreement between Italy and Slovenia to those who have expressed their intention to request international protection, and the illegality of refoulement due to a failure to assess the risk of undergoing inhuman and degrading treatment in the pressures of the next chain “.

Bilateral agreements dating back to 1996, which have never been ratified by the Italian parliament, have been used with increasing frequency since 2018 by Italian authorities to “officially accept back” migrants arriving on Italian territory from the Slovenian border: 1,301 in 2019 alone, as stated by the Minister of Home Affairs Lamorgese 13 January during question time in the Chamber of Deputies, in response to two questions relating to re-admission to the Italian-Slovene border.

Technically defined by the Treaty as “acceptance of return without formalities”, this is actually an illegal denial that has been denounced by various Italian organizations and deputies for some time. And thanks to a network of associations in human rights defense, the case reached the Roman Court, with an appeal filed by ASGI lawyers Caterina Bove and Anna Brambilla – the result of an extensive network and brutal history.

Chain rejection

M. was born in August 1993 in Pakistan. She left her country where she suffered persecution because of her sexual orientation. After a long journey and through the Balkan route he arrived in Trieste in mid-July 2020 with other compatriots. There, as the text of the order reports, a new ordeal: “All intend to ask for international protection. While some volunteers are helping them and treating their wounds, they have been approached by several people in civilian clothes, who present themselves as policemen and ask questions. about their migration path ”.

All expressed their willingness to seek asylum in Italy. Transported to the police station, they were told to sign documents in Italian, but instead of being taken to a reception center, they saw their rights violated again: “Their phones were confiscated and handcuffed”, reported the text, “then loaded into a van and taken to the area. hills (apparently on the Slovenian border) and they were ordered, under threat of the stick, to run straight ahead, on a count of 5 “.

After about a kilometer, they were stopped by Slovenian police, who took them to the police station, where they repeatedly expressed their desire to seek international protection. Instead, according to the Order, after spending the night locked in a room, without food, water and toilet, they were transported to a police station near the border with Croatia: “(…) they were made to lie on the ground and handcuffed with plastic straps around behind their backs, was searched, kicked and beaten with batons. They were then ordered to cross the border and be taken over by the Croatian police ”.

In Their Croatia experienced further violence. “Beaten by officers with sticks wrapped in barbed wire and kicked in the back”, wrote Judge Silvia Albano, “loaded into a van, when they arrived at their destination reaffirmed their desire to seek asylum, but were taken to the border with Bosnia. where the agents start counting down, then start hitting them and sprinkling pepper spray on them, inciting their German shepherd dog ”.

While in Bosnia, Adnan was brought to Lipa, a tent city 30 kilometers from the town of Bihać. However, with no place for him, he was left in the open countryside. He then reached Sarajevo where, due to lack of accommodation in the relief camp, he still lived in a “squat” (an abandoned building).

From Sarajevo to the Roman Court

Adnan’s case reporting, as attorney Anna Brambilla put it, came from the work of gathering photographic testimony and documentation from Border Violence Monitoring Network (BVMN) as well as from interviews with Adnan conducted by Danish journalist Martin Gøttske and published in magazines Information. “But also”, Brambilla told us, “in general during this period we have received some reports that have come directly from people who were taken back, who have been contacted thanks to word of mouth”.

The decision to appeal in this case was based on two factors: “The fact that he has the possibility to get his original passport back, and therefore the possibility to sign the so-called power of attorney before a Bosnian notary to act on his behalf, is necessary to initiate. appeal. And the power of attorney was also collected thanks to lawyer Mohamed Kučak “, said Brambilla,” and I want to mention it because I believe it is very important to give credit to all the connections that have been made possible to achieve this result “.

The documents were submitted with extensive documentation derived from reports, complaints and testimony from BVMN as well as Amnesty International, Unhcr, the Danish Refugee Council, MSF and Rivolti ai Balcani, along with inquiries from newspapers such as The Guardian, New York Times and Future . “Along with the photos,” added lawyer Anna Brambilla, “the wounds from the beating with a stick wrapped in barbed wire, were suffered before being brought back to Bosnia. In addition, the scars are still visible today”.

Judge Silvia Albano was asked by lawyers for Brambilla and Bove to acknowledge Italy’s responsibility not only for readmission from Italy to Slovenia, but also for serial re-admissions to Bosnia and Herzegovina, because “the Italian authorities ‘know very well’ that once people are admitted back to Slovenia they were not allowed to access procedures in Slovenia, but were readmitted to Croatia and then to Bosnia after undergoing inhuman and degrading treatment “.

Result

The order issued by Judge Silvia Albano in response to the urgent precautionary procedure between the Pakistani applicant M. and the Ministry of Home Affairs was clear. As explained by Gianfranco Schiavone from ICS Trieste and ASGI member: “First of all, it explains that this young man, like hundreds of others, has been prevented from applying for asylum. This can never be prevented: this is a fundamental right, guaranteed by our Constitution on Article 10 as well as by international and European protection laws. Only then will the procedure determine whether the application for asylum should be processed, for example in another country, therefore also in Croatia or Slovenia, but where the person is an asylum seeker ”. From the moment the wish to request international protection was expressed, the procedures provided by Dublin Regulation III must be applied.

The order also stipulates: “(Re-filing) can never be applied to asylum seekers without even submitting an application – the practice violates internal and supranational law and the content of the bilateral agreement with Slovenia”. In addition, “forced escort affects the legal sphere of the interested party, therefore it must be ordered by a reasonable administrative measure which can be challenged before the judicial authorities”. Therefore, the right to appeal applies together with “the need for individual examination of the position of individuals in accordance with Article 19 of the Charter of Fundamental Rights of the European Union which prohibits collective expulsion”.

“Another important point,” added lawyer Brambilla, “relates to the treatment suffered by the young man. The order specifies violations Article 3 of the European Convention on Human Rights , which prohibits torture and other inhuman or degrading treatment. ”Judge Albano underlined here the responsibility of the Italian authorities, that by rejecting a Pakistani citizen puts him at risk:“ The Italian state should not yield to illegal denial. The ministry is in a position to know – based on NGO reports, the resolution of the UN High Commissioner for Refugees, and reports from the most important international press organs – that admission back to Slovenia will in turn lead to refoulement. in Bosnia and that migrants will be subjected to inhuman treatment “.

“Therefore the judge ordered that M.”, concluded Anna Brambilla, “have the right to apply for international protection in Italy, and order the competent administration to adopt every act and act, including entry visas to our country”.

+ European representative Riccardo Magi, who was the first to raise a question to the Italian parliament, stated: “With regard to the refusal made by the Ministry of the Interior, I am asking for an explanation via parliamentary question last July , inquire about the procedures being followed by the Italian authorities. In its response, the ministry acknowledged to parliament that it was practicing ‘unofficial re-admission’, but later stated that it would not reject anyone seeking refuge; the sentence emphatically denies it “.

Now the Magi, voicing requests from all the organizations that have fought to denounce the abuses, are asking that “this inhuman practice be stopped immediately and made clear for the future that it will no longer be used”.

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New normal: FRANCE 24 reports from Armenia to Brazil | Instant News


Issued in:

In our event “The New Normal”, we explore how the world will deal with the twists and turns of 2020, amid the consequences of Covid-19 and beyond. FRANCE 24 provides you with a selection of original reports from our correspondents and teams around the world.

Our report:

>> The fighting has stopped in Nagorno-Karabagh, but neither Azerbaijan nor Armenia accuse each other of using white phosphorus incendiary bombs during the conflict. These weapons are not explicitly prohibited under international law, but their use is controversial because of the cruelty they inflict. Luke Shrago, Roméo Langlois and Mohamed Farhat reported from a hospital in Yerevan.

>> Meanwhile Ethiopia, the army’s offensive in the northern region of the Tigray rebels threatens regional stability. Thousands of refugees flew in the fighting. Our correspondents Maria Gerth-Niculescu and Bastien Renouil report on the difficult humanitarian situation in the camps along the border with Sudan.

>> Now for Brazil where the Yanomami, an indigenous tribe living in the Amazon rainforest, struggle to retrieve the bodies of their community members who were killed by the coronavirus. They want to bury it in their customary land. Our correspondent, Valeria Saccone, and her team went to meet them.

>> We’re over Israel, where two Jewish communities struggle to gain access to the Asi. One group, who live on a kibboutz planted before Israel was founded, have privatized the stream, while residents of a nearby town want to be allowed to swim in it. The case, which reveals much about divisions in Israeli society, has ended in court. Our correspondents Irris Makler and Gwendoline Debono report.

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Pakistan congratulates Azerbaijan on the victory of Karabakh | Instant News


KARACHI, Pakistan

Pakistan on Tuesday congratulated Azerbaijan on the liberation of their main territory from occupied Armenia.

“We congratulate the government and the brotherhood of the Azerbaijan people on the liberation of their territory,” said a statement from the Ministry of Foreign Affairs.

The ministry expressed hope that this will lead to an era of “stability and prosperity” in the region and “will pave the way for the return of internally displaced persons to their ancestral lands”.

“Pakistan consistently supports the resolution of the Nagorno Karabakh dispute in accordance with international law and relevant UN Security Council resolutions,” he continued.

The trilateral agreement facilitated by Russia, said the statement further, offered a “new” opportunity to build peace in the South Caucus region.

Russian President Vladimir Putin announced Tuesday morning that two former Soviet republics had signed an agreement to end the conflict in Upper Karabakh, also known as Nagorno-Karabakh.

Azerbaijan President Ilham Aliyev hailed the agreement as a victory for his country, saying Baku’s military success had allowed it to gain the upper hand to end the three-decade occupation of its territory.

The Turkish leadership also welcomed the ceasefire, calling it a “big victory” for Azerbaijan.

Relations between Azerbaijan and Armenia have remained tense since 1991, but new clashes broke out on 27 September.

Armenia repeatedly attacked civilians and Azerbaijani troops for more than 40 days, even violating three humanitarian ceasefire agreements.

Apart from other towns and villages, Baku’s liberation of the strategic city of Shusha on Sunday has signaled victory is imminent.


The Anadolu Agency website contains only a portion of the news offered to subscribers on the AA News Broadcasting System (HAS), and is in summary form. Please contact us for subscription options.

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Pakistani tent clamp in solidarity with Azerbaijan | Instant News


KARACHI, Pakistan

Horses painted in the colors of the Turkish and Azerbaijani flags, to express solidarity with Ankara and Baku, were paraded at the summit of an international tent-setting tournament in Pakistan’s northeastern Punjab province on Sunday.

“This is a small show of solidarity with our brothers in Turkey and Azerbaijan,” Sultan Bahadur Aziz, an international tent maker and one of the organizers, told Anadolu Agency.

“We present this tournament to the Azerbaijan brothers and sisters who were martyred in the war against Armenia,” he said, referring to the ongoing clashes in Nagorno-Karabakh between Armenia and Azerbaijan since 27 September. “All Pakistan stands with Azerbaijan during this trial.”

Turkey, he added, has stood beside Pakistan through hardships and hardships, and “we are grateful for that.”

The two-day event held in the Khushab district was attended by around 50 riders from the US, Canada and Norway as well as the locals.

Offering condolences for the loss of life and destruction caused by Friday’s massive earthquake in Izmir, Turkey’s third largest city, Aziz said all Pakistanis share the pain and sorrow of the Turkish nation.

Tent pegging is a popular sport in rural Pakistan. Dozens of small and large tournaments are held every year.


The Anadolu Agency website contains only a portion of the news offered to subscribers on the AA News Broadcasting System (HAS), and is in summary form. Please contact us for subscription options.

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Germany, France will impose sanctions on Russia for alleged poisoning of Navalny | Instant News


Ahead of the European Union summit scheduled for October 12, the Organization for the Prohibition of Chemical Weapons (OPCW) published a report alleging that Russian opposition politician Alexei Navalny was poisoned with Novichok-type poison. The so-called cholinesterase inhibitor is not officially included on the list of banned substances, but the OPCW claims that its structure resembles that of other substances that have been banned.

Alexei Navalny (Source: Alexey Yushenkov, CC-BY-SA-3.0, via Wikimedia Commons)

The OPCW report forms the basis of statements by the French and German foreign ministers, who stated that the Kremlin has not yet given a satisfactory response to attacks “on Russian soil, against Russian opposition figures, using a military nerve agent developed by Russia.” a plausible explanation for Navalny’s poisoning other than Russian involvement and responsibility. “

German Foreign Minister Heiko Maas threatened: “It is clear that if these events are not resolved and the necessary information is not provided, targeted and disruptive sanctions against those responsible on the Russian side will not be avoided. Russia should not let this happen. “

According to the French daily WorldThe EU will discuss sanctions on Monday against nine senior Russian officials, including members of the presidential administration and the security apparatus.

In response to the OPCW report and statements from Berlin and Paris, Russian officials issued angry reprimands. Russia’s envoy to the OPCW, Ambassador Alexander Shulgin, said: “Russia doesn’t owe anyone anything. Both to Germany and other countries which have firmly and baselessly accused Russia of poisoning Alexei Navalny. We don’t have to explain ourselves to them and we won’t. “

The Russian foreign ministry repeated its call for an analysis of the tests and results produced by the German army’s laboratory in Munich. Russian Foreign Minister Sergei Lavrov said, “We are surprised that the EU is functioning without a trial and investigation. They demanded that we carry out an investigation, but the same Germans didn’t give us any facts. “Earlier this week, Foreign Ministry spokeswoman Marina Zakharovra said” there is no business as usual “between Berlin, Paris and Moscow unless France and Germany change course in the Navalny case.

Nothing published by the OPCW and the imperialist powers can be underestimated. The OPCW is notorious for providing the pretext for political and military intervention by imperialist powers. In 2018, that make a report, claiming, despite conflicting evidence from members of his own staff, that Syrian president Bashar al-Assad used chemical weapons in the Syrian civil war. Thus providing the pretext for the French, British and US bombings of Syria.

Navalny’s alleged poisoning with Novichok raises a number of unanswered questions. First and foremost is how Navalny survived exposure to a very lethal nerve agent, and why no one who came into contact with him developed even mild symptoms. In the 2018 Salisbury incident, when former Russian secret service agent Sergei Skripal and his daughter were allegedly poisoned with Novichok, at least one person died and one became seriously ill from minimal exposure to the poison. The entire building must be evacuated.

However, in Navalny’s case, no one on the plane he was traveling from Tomsk to Moscow reported any symptoms. Nor have any of its staff members – not even those who rescued the bottle from his hotel that was said to contain Novichok, according to the German army lab – suffered any repercussions.

Leonid Rink, one of the developers of the Novichok agency, told the Russian press that the substances detected by the OPCW were actually non-toxic and ineffective as poison.

In a bizarre two-hour interview with Russian YouTube blogger Yuri Dud ‘this week, Navalny, now fully recovered, compared his feelings of poisoning and dying to the effects of the Dementors in the Harry Potter fantasy book. He and his wife cannot describe any part of his alleged poisoning without repeated references to novels and films.

When pressed by Dud ‘why he thought Putin had personally ordered his poisoning, Navalny insisted that it was primarily the fact that Novichok’s alleged use “proved” Putin’s direct involvement. In fact, there are plenty of other governments and security agencies capable of producing and deploying Novichok, if Novichok is actually used in this case. No evidence was provided for any Russian involvement, let alone Putin’s personal responsibility.

In the same interview, Navalny’s wife, Yulia Navalnaya, claimed she was almost unaware of the involvement of the German and French governments in Navalny’s transfer to the Charité Berlin hospital, stating that the publicity she generated was decisive in making the transfer possible. In fact, it was revealed from the start that German Chancellor Angela Merkel was personally involved from the very beginning, urging that Navalny be transferred to Germany. He later also reportedly visited her at the hospital, receiving daily briefings about her condition.

Nowhere is the suspected Navalny poisoning exploited as aggressively as in Germany. Most German political institutions have taken advantage of this case to encourage a more aggressive attitude by Berlin and the rest of the European Union towards Russia. Navalny gave an interview to picture, calling former German Chancellor Gerhard Schröder, who has close ties to Russia’s state-owned Gazprom company, as “Putin’s henchman.” He called for halting the near completion of the NordStream2 pipeline, which delivers gas from Russia directly to Germany, and sanctions members of Russia’s ruling elite.

Navalny’s case cannot be understood beyond the push by imperialist powers to fight amid an unprecedented crisis of capitalism fueled by the pandemic, rising social inequality and bitter geostrategic tensions. The EU’s aggressive attitude towards Russia is driven by rising class tensions in Europe amid an escalating pandemic. In addition, US-EU tensions, especially between Washington and Berlin, have escalated in recent years.

It is against this background that European imperialist powers seek to exploit the growing economic and political weaknesses of the post-Soviet Russian capitalist oligarchy. The past few months have seen mass protests and strikes against the Alexander Lukashenko regime in Belarus, the only government left on Russia’s western border that is not directly allied with NATO. The EU, with Germany and France at the front, has sought to support the pro-NATO opposition in Minsk, both to suppress and divert strikes and further undermine Russia’s geopolitical position.

In the Caucasus, war rages between Armenia and Azerbaijan, a religious and ethnic conflict that threatens to spill over into Russia’s North Caucasus. What’s more, in the former Soviet republic of Kyrgyzstan in Central Asia, Sooronbai Jeenbekov’s government rolled by an opposition party that has denounced the previous government’s close cooperation with Russia as a violation of Kyrgyzstan’s national sovereignty.

At the same time, Putin’s regime has been plagued by the COVID-19 pandemic, to which Russian oligarchs, such as the ruling class around the world, are responding with a de facto policy of “group immunity”. While Russia is now facing a revival of the pandemic, Moscow is preparing for further cuts health and social spending and has stated that no lockdowns will be put in place to stop the spread of the virus.

Amid this growing instability, imperialist powers are seeking to support the far-right opposition Alexei Navalny, notorious for his links to right-wing and regionalist powers in Russia, both to advance their geopolitical interests in the former Soviet Union, and to build a right-wing ally that can relied on in the violent suppression of working class opposition not only to the Putin regime but the capitalist system as a whole.

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