Espera, la ayuda viene!

By Maeva Chargros

What would it look like, if the Charter 77 was still active, with members from all across the world and from all generations? One of the answers to this rather odd question took place for the 30th consecutive year in the city of Caen, in Normandy (France), on January 25-27, 2019. In French, it is called “Concours de Plaidoiries”; a competition of defence speeches and pleas for fundamental freedoms. Four of these fundamental freedoms were named by President Roosevelt on January 6, 1941: “the freedom of speech, the freedom of worship, the freedom from want, and the freedom from fear”[1]. And for this 2019 edition, the competition covered all four of them, defended by high school students aged from 15 to 18 years old, law students, and lawyers. Why, then, would this competition be in the continuity of the famous Charter 77?

It is essential not to forget, when it comes to history, for otherwise, we might not repeat history, but we might fail at taking a step further and risk taking a step back. The initial point is an improved version of our world two hours ago, but also ten centuries ago. Improved? For the sceptics among the readers of this article, please allow me to mention that ten centuries ago, the United Nations did not exist, nor did the Geneva Convention, the Istanbul Convention, and most of the texts quoted during the event I am writing about today were not even drafts, not even thoughts. Improvement does not mean perfection. And this is precisely what the Charter 77 was about: reminding a sovereign state of its own duties, namely, respecting human rights, international law, and the Helsinki Declaration.
This is precisely what these 37 people did during three days in the “Cité de l’Histoire de la Paix”, in this Memorial dedicated to peace and human rights: reminding sovereign states of their duties. They were coming from all corners of France and beyond.

Among the ten lawyers present, only four were from France. Two were from Belgium, one from Québec (Canada), one from Switzerland, one from Mali, and one from Benin. It is this one, from Benin, whose defence speech is the source of the title I chose for this article. These were among the last words Maître Koukpolou said in his plea. “Hold on, help is coming!” (“Espera, la ayuda viene!”, in Spanish.) Even if he did not win any award, his speech was among the most touching for me. His word symbolised the message of this year’s edition: there is still hope, as long as there are still humans who care about and defend others. He was the only one, of all three competitions, to focus on the political and humanitarian crisis currently killing so many people, including children, in Venezuela. The title of his plea: “Give me food and I’ll do whatever you want”. Continue reading “Espera, la ayuda viene!”

70 Years Later: Lights & Shadows of Human Rights

By Agnese Olmati

Today, on December 10, 2018, the Universal Declaration of Human Rights celebrates its 70th anniversary. After seven decades and many achievements, it is certainly important to honour the document which became a major milestone for the history of human rights and is now regarded as a yardstick by all nations. However, it is also necessary to highlight that the UDHR is not all black and white, as well as the declarations it inspired, like for example the European Convention on Human Rights (1953) or the Charter of Fundamental Rights in the European Union (2009).
All these papers, their articles and their words demonstrate the states’ commitment to the protection of human rights but, despite this, it is clear that today, nations and the institutions created to protect those rights are often failing. A simple example? Even if the three above-mentioned declarations prohibit slavery, servitude, forced labor and the trafficking of human beings, all these can still be found in many countries around the world and around Europe[1].

The practical failure in the protection of human rights is now of great concern especially in Europe, where these rights are some of the main principles on which the European Union was built. Recent events have questioned the willingness of Europeans to actually support other people to be able to enjoy their same human rights and have shown the difficulties the EU encounters in guaranteeing the fruition of these rights to its citizens, thus challenging the accomplishment of the entire European project.
But flaws do not only concern the practical protection of human rights. Considering the theoretical aspect, there are several obstacles in the understanding and consequent application of the UDHR. Continue reading “70 Years Later: Lights & Shadows of Human Rights”

European Arrest Warrant & Detention Conditions in EU Member States

By Giorgia Spolverato

Is the risk of undergoing “inhuman and degrading treatments” enough to refuse the surrender of a prisoner from a European Union country to another?

The Court of Justice of the European Union (CJEU) tried to answer this question on the occasion of the joined cases Aranyosi and Căldăraru.[1] Due to its functions as described in the Treaty on the Functioning of the European Union (TFEU), the CJEU was asked by the Higher Regional Court of Bremen (Germany) to give an interpretation of article 1, paragraph 3 of the European Arrest Warrant Framework Decision (EAW-FD), with a special focus on its compatibility with the prohibition of inhuman and degrading treatment included in the European Charter of Fundamental Rights.[2] This measure was adopted in 2002 by the Council of the European Union to replace the outdated extradition procedure within the EU member states. What is relevant to us is that the new regulation tool is based on the principle of mutual recognition, which is one of the cornerstones of the European Union integration and cooperation process, especially in the fight against international crime.[3] The principle entails a high level of mutual trust among EU member states. In the field of judicial co-operation in criminal matters, it basically means that a decision taken by an authority in one member state may be accepted as it is by another state.[4] However, this supposed “blind trust” among the member states can cause complications in cases where the principle of mutual recognition clashes with other principles; as in the case at stake, the prohibition of inhuman and degrading treatment. Continue reading “European Arrest Warrant & Detention Conditions in EU Member States”