ARGENTINE EX-OFFICER CHARGED WITH MURDER DIES. JUSTICE FOR GAMBIA

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DECEMBER 2023 | NEWSLETTER 94

The 10th of December marks the 75th anniversary of the Universal Declaration of Human Rights. Born out of the horrors of WWII, it stands as one of the most foundational documents for international justice. Protecting the rights enshrined in the declaration, however, has always required vigorous struggle. And today, in light of two wars underway in Ukraine and between Israel and Hamas, this struggle remains as fierce as ever.

Nonetheless, even in such times of acute devastation, important steps toward international justice are being made. This year, milestones were reached in two cases supported by ECCHR on the Argentine dictatorship: an ex-naval officer and a former Mercedes-Benz Argentina executive were indicted after decades of impunity.

2023 has also seen significant advances in the sphere of business and human rights. The German Supply Chain Act, which entered into force last January, now obligates German companies to ensure that their global supply chains are free of human rights violations. Under this new law, we filed multiple complaints this year, including against well-known German car manufacturers, supermarket chains and textile brands.

I invite you to learn more about our work in this newsletter, which is and remains possible only thanks to your support.

Wolfgang Kaleck, ECCHR General Secretary

The Monument to the Victims of State Terrorism in Buenos Aires commemorates the victims of Videla’s military dictatorship. © ECCHR

Indicted Argentine ex-officer dies before trial

Germany has made notable efforts in recent years to ensure it does not become a safe haven for those who commit international crimes in other countries. But when its own citizens are involved, German authorities often hesitate to prosecute. The case of Luis Kyburg, however, sends a clear signal that dictatorship criminals will be held accountable – even if they are German citizens. After investigating Kyburg for almost a decade, the German authorities have charged the ex-naval officer with 23 counts of murder. This long-awaited decision, however, came too late, as Kyburg died last October.

The indictment follows a criminal complaint filed with ECCHR’s support against Kyburg in 2018 by Anahí Marocchi, the sister of one of the victims. As a dual German-Argentine citizen, Kyburg was able to flee Argentina and take refuge in Germany when an international warrant was issued for his arrest in 2013. His German citizenship then served to protect him from extradition to Argentina. During the military junta under Rafael Videla (1976 – 1983), Kyburg was second in command of an elite tactical diver unit at the Mar del Plata Naval Base. His superior and 48 additional officers stationed at the base at the time have already been convicted of crimes against humanity in Argentina, including enforced disappearance, torture and murder. Kyburg, on the other hand, managed to enjoy 10 years of impunity in Berlin before his death.

Although justice arrived too late in this case, the German judiciary’s recent decision indicates that it is finally prepared to fulfill its responsibility and help the bereaved receive some measure of justice for the crimes of the dictatorship.

More about the case

INTERNATIONAL CRIMES AND ACCOUNTABILITY

Gambian death squad driver convicted in Germany

On 30 November, the Celle Higher Regional Court reached its verdict to convict Bai Lowe, a driver for the paramilitary unit known as “the Junglers,” of crimes against humanity, murder and attempted murder. The former dictator of The Gambia, Yahya Jammeh, deployed this unit to carry out assassinations of political opponents, including an AFP journalist, and to intimidate the Gambian civilian population.

In connection with a truth and reconciliation process currently underway, ECCHR has supported members of Gambian civil society in their attempt to obtain legal redress for the crimes of Jammeh dictatorship. The insights gained from this trial in Germany – the first proceedings on Gambian dictatorship crimes under universal jurisdiction – may also aid in the prosecution of higher-ranking criminals in the future.

More about the case

Entry ban against writer and former Guantánamo detainee in Germany unlawful

Mohamedou Ould Slahi endured 14 years of unlawful detention in Guantánamo Bay, where he was subject to torture. In 2016, American authorities designated Slahi as “non-dangerous” and released him from the facility. However, in spite of the fact that US authorities no longer considered him a threat, Germany continued to refuse him entry into the country, even though his family lived there. Now based in the Netherlands, Slahi is a writer and peace activist and has been involved in multiple theatrical productions – many of which have also been staged in Germany. With the support of ECCHR and his lawyer, Slahi petitioned the Administrative Court of Düsseldorf, and the court finally ruled Slahi’s entry ban to be unlawful on 22 November 2023. The judgment, however, is not final.

Read the press release (only available in German)

The Mar del Plata Naval Base in Argentina, where Kyburg’s military unit committed acts of torture, enforced disappearance and murder. © Martín Otero

COMBATING IMPUNITY WORLDWIDE

ECCHR fights to hold those responsible for international crimes to account, regardless of where they reside and how long ago the crimes were committed.

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BUSINESS AND HUMAN RIGHTS

Pari island plaintiffs granted legal aid in climate lawsuit

The residents of the Indonesian island Pari are suffering the effects of the climate crisis in real time, as rising sea levels are making the island increasingly uninhabitable. Their lawsuit against the Swiss cement company Holcim is the first case in which a Swiss court addresses whether a corporation can be held liable under civil law for its contribution to climate change. In response to the plaintiffs’ petition for legal aid, the court concluded that the plaintiffs are legally "lacking of means" and that their case does not seem devoid of any chances of success. Therefore, they are entitled to legal aid. This decision upholds the right of people from the Global South to access an independent court in Switzerland.

More about the case

Supply chain law impacts corporate behavior

New research by Pakistani trade unions and German human rights organizations has uncovered alarming labor rights violations in textile factories in Pakistan, including the failure to pay minimum wage, along with the lack of employment contracts, social security, pensions and trade union freedoms. The report "No Contracts, No Rights: How the Fashion Industry is Avoiding Minimum Wages in Pakistan" shows that such violations have been going on for years within the supply chains of German fashion brands, and calls on them to take immediate action. Although many of the brands have not yet taken action, the German Supply Chain law has been instrumental in encouraging some companies to fulfill their due diligence obligations.

Read the report

BORDER JUSTICE

Resisting racial profiling in new EU border regulations

The EU is now rushing through the final negotiations on the upcoming asylum and migration reforms, which include months of de facto detention for asylum seekers at Europe’s borders and restricted access to legal support. Particularly troubling is Article 5 within the EU Screening Regulation. This provision would subject those suspected of being undocumented migrants to detention, while undergoing identity and security checks not only at EU borders, but anywhere within the territories of EU member states. This would legalize racial profiling and reinforce a hostile and discriminatory environment, where minorities and people of color would face heightened risks of being targeted by authorities – regardless of their residency status. We joined over 80 organizations to call on all EU co-legislators to delete the provision enabling widespread racial profiling in the new screening regulation.

Read the statement

INSTITUTE FOR LEGAL INTERVENTION

ECCHR launches Living Open Archive

As part of our website relaunch, ECCHR is proud to present the Living Open Archive, a multimedia project that brings together the experience and expertise that ECCHR has gathered over the last 15 years. The archive combines multiple formats, including podcasts, dossiers and audiovisual storytelling, to explore the larger context of our legal and political interventions. To introduce the project, the multimedia story “Fighting for 15 years to uphold human rights worldwide” provides an overview of how we have developed as an organization and the milestones in our work that have come to define our approaches.

Visit our Living Open Archive

ECCHR Book Series now available online and in print

Our new book series examines pressing questions in the field of human rights across disciplinary boundaries. Each new book aims to develop innovative approaches toward the struggle for global justice, while addressing overlapping political, economic, social and environmental challenges worldwide.

In their conversation “Beyond Limitations,” artist and activist Tomás Saraceno and human rights lawyer Wolfgang Kaleck touch on utopian visions and indigenous perspectives, while addressing systemic and environmental challenges, such as lithium mining in Argentina.

In “Challenging Corporate Power,” human rights lawyers Gearóid Ó Cuinn and Miriam Saage-Maaß discuss how to use human rights litigation to challenge corporate power. They emphasize a systemic approach that combines the protection of individual rights with collective action in order to address global crises such as climate change and inequality.

Both volumes are available on ECCHR's Living Open Archive site. To request your print editions, please send us an email at info@ecchr.eu

FOR GLOBAL JUSTICE

The world can only be just when human rights are universally recognized and guaranteed for everyone. This is what we are fighting for across the globe:
with those affected, with partners, with legal means.
Thank you for helping us in our efforts to make this happen.

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ECCHR

Current Openings

We are looking for a Project Coordinator (f/m/d) in the programme area
International crimes and accountability.

We welcome new staff and trainees

Amira Tamim joined the International Crimes and Accountability team in December as a trainee

PAST EVENTS

Effectiveness in Implementation of Legislation in WEOG States – 12th United Nations Forum on Business and Human Rights 2023

This forum examined a number of pieces of legislation on business and human rights in recent years, especially those relating to mandatory human rights due diligence. On 28 November, ECCHR Legal Director Miriam Saage-Maaß joined Martin Scheltema, Hannah Edmonds-Camara, Helena Orella Salinas and Amanda Gorely on a panel moderated by Robert McCorquodale to discuss key factors in the implementation of such legislation, including its effectiveness in changing corporate behavior to respect human rights.

Watch footage

11th Potsdam Human Rights Day: “Values-based foreign policy”

ECCHR General Secretary Wolfgang Kaleck joined Jürgen Tritten (foreign policy spokesperson for the Bündnis 90/die Grünen Party) for a panel discussion on 5 December 2023, moderated by Professor Andreas Zimmermann (MenschenRechtsZentrum, Potsdam) on bringing German and European foreign policy more into alignment with the European commitment to peace, freedom, human rights, democracy, the rule of law and sustainability.

The concrete utopia of human rights – 75 years of the Universal Declaration of Human Rights

On 11 December, to mark the 75th anniversary of the Universal Declaration of Human Rights, Amnesty International and the Evangelical Deanery of Darmstadt invited Wolfgang Kaleck, ECCHR Secretary General and winner of the Hermann Kesten Prize of the PEN Center Germany, to give a lecture at the Darmstadt City Church. His book The Concrete Utopia of Human Rights: Looking Back into the Future of Human Rights was published in 2021, and the English translation will be released in 2024.