In defence of defenders
Migration as well as supporting people in flight is increasingly treated as a criminal act in Europe. In the absence of a dignified and human response to those seeking protection in Europe the support provided by Human Rights Defenders along the routes or at sea becomes essential. However there is a worrying trend of criminalisation of both, people on the move and Human Rights Defenders in solidarity with them. While this phenomenon is something that needs to be tackled politically at the EU and national level, the consequences of criminalisation have to be dealt with at an individual level. In fact, criminalisation can come in various forms and with very different scopes, so it is therefore important that activists and organisations are aware of the existing options for action and defence. This toolkit seeks to support affected Human Rights Defenders by showing them mechanisms and avenues for help and self-defence in cases of criminalisation at various levels.
Also available in Greek and BCS (Bosnian-Croatian-Serbian)
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Table of contents
Introduction 15
1. General recommendations 19
2. United Nations (UN) 25
2.1. Relevant declarations and conventions 25
2.1.1. The Declaration on Human Rights Defenders 26
2.1.2. International Covenant on Civil and Political Rights 27
2.1.3. Universal Declaration on Human Rights 29
2.1.4. UN Protocol Against the Smuggling of Migrants by Land, Sea, and Air 29
2.2. Mechanisms 30
2.2.1. Human Rights Council 30
2.2.1.1. Complaint procedure before the Human Rights Council 31
2.2.1.2. Universal Periodic Review 33
2.2.2. Engaging with an UN Treaty Body 36
2.2.2.1. Individual Complaint to an UN treaty body 36
2.2.2.2. Treaty Body Reporting Process 39
2.2.3. Special Procedures (Special Rapporteur on Human Rights Defenders) 39
2.2.4. Reprisals for Cooperation with UN in the Field of Human Rights 43
3. Other International Organisations 45
3.1. OSCE 45
3.1.1. General introduction 45
3.1.2. OSCE Offi ce for Democratic Institutions and Human Rights (ODIHR) 45
3.2. Council of Europe (CoE) 46
3.2.1. Declarations and Conventions 46
3.2.1.1. Declaration on Human Rights Defenders 46
3.2.1.2. European Convention on Human Rights 47
3.2.2. Mechanisms 48
3.2.2.1. ECtHR 49
3.2.2.2. The Commissioner for Human Rights 52
3.2.2.3. The Parliamentary Assembly of the Council of Europe (PACE)
and its Committee on Legal Affairs and Human Rights 55
3.2.2.4. The Conference of INGOs 57
3.3. Bar Association 59
3.4. Embassies 60
4. European Union (EU) 61
4.1. Legislation 61
4.1.1. EU Charter of Fundamental Rights 61
4.1.2. The Facilitators Package 63
4.1.3. The Proposed Directive to protect Human Rights Defenders from SLAPP 65
4.1.4. EU data protection regulation 67
4.2. Mechanisms 69
4.2.1. Fundamental Rights Agency of the European Union (FRA) 69
4.2.2. European Ombudsperson 71
4.2.3. EU protection for Human Rights Defenders outside the EU 73
4.2.4. ProtectDefenders.eu 76
4.2.5. EU Commission Rule of Law Reporting 78
4.2.6. European Parliament 81
5. Croatia 85
5.1. Legislation 85
5.1.1. Constitution 85
5.1.2. Aliens Act - prohibition to assist a third-country national
in illegal crossing, transit and stay (Art. 53) 86
5.2. Mechanisms 87
5.2.1. Ombudsperson 87
5.2.2. File a court suit/appeal in front of relevant court 89
5.2.3. Constitutional Complaint 90
5.2.4. National CSO of support - CPS 91
5.3. Protection related to specifi c forms of criminalisation 92
5.3.1. Police and administrative misconduct 93
5.3.1.1. Procedural rights and legislation concerning the police 93
5.3.1.2. How to address police misconduct 95
5.3.2. Secret service misconduct 98
5.3.2.1. Legislation on security and intelligence 98
5.3.2.2. Council for Civilian Oversight of Security-Intelligence Agencies 99
5.3.2.3. Right to Information 100
5.3.3. Criminalisation linked to breaches of personal data protection rights 101
5.3.3.1. Data protection regulation 101
5.3.3.2. Croatian Personal Data Protection Agency (Complaint) 102
6. Greece 103
6.1. Legislation 103
6.1.1. Constitution 103
6.1.2. Anti-Smuggling Laws 104
6.1.3. Changes to Greek Criminal Code 106
6.1.4. Data Protection Legislation 107
6.2. Mechanisms 109
6.2.1. Greek Ombudsperson 109
6.2.2. National Commission for Human Rights (GNCHR) 111
6.2.3. Racist Violence Recording Network 112
6.2.4. File a court suit/appeal in front of relevant court 113
6.3. Protection related to specifi c forms of criminalisation 114
6.3.1. Violation of Data Protection Rights 115
6.3.1.1. The Hellenic Data Protection Authority and Data Protection
and Personal Privacy Laws in Greece 115
6.3.2. Police and administrative misconduct 117
6.3.2.1. Procedural rights and relevant legislation 117
6.3.2.2. Who can be addressed in case of misconduct? 122
7. Conclusion 123
8. Annex 124
8.1. Instructions on complaints at the Greek Ombudsperson 124