Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-12/cp210222en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 222/21

Luxembourg, 16 December 2021 Judgment in Case C-203/20 AB and Others (Revocation of an amnesty) The principle ne bis in idem does not preclude the issue of a European arrest warrant against persons accused of abducting the son of a former Slovak President

The bringing to an end of the criminal prosecutions by way of an amnesty and the revocation of that amnesty do not preclude the issue of an arrest warrant since the national judicial authorities have not yet ruled on the criminal liability of the accused persons

Former members of the Slovak security services are accused in Slovakia of having committed a series of offences in 1995, including the abduction of a person to a foreign country, the alleged victim of which was the son of the then Slovak President. 

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È stato deciso nel corso dell’incontro, ospitato presso la sede Caritas di Ancona, tra il Garante dei diritti ed i rappresentanti delle associazioni che intervengono nei sei istituti penitenziari marchigiani. In primo piano vecchi problemi e nuove criticità, anche alla luce delle ripercussioni determinate dalla pandemia. Giulianelli: “Un supporto importante che ci permetterà anche di rendere più esaustiva la nostra costante azione di monitoraggio”

Un tavolo di confronto ed approfondimento da attivare costantemente per approfondire la situazione alla luce dei problemi noti, ma anche delle nuove emergenze. È quanto stabilito nel corso dell’incontro, ospitato presso la sede Caritas di Ancona, tra il Garante regionale dei diritti, Giancarlo Giulianelli, ed i rappresentanti delle associazioni di volontariato che operano ormai da anni nei sei istituti penitenziari marchigiani.
Un lavoro, come è stato ribadito nel corso dell’iniziativa, che le ripercussioni della pandemia ha reso ancor più complesso, ma che resta determinante sul versante del supporto alle diverse attività e va a costituire un significativo ponte verso l’esterno.
“Riteniamo che attraverso il volontariato – è il Garante a parlare – sia anche possibile rendere ancor più esaustiva l’azione di monitoraggio che viene effettuata periodicamente dall’Autorità di garanzia e per questo motivo il confronto deve essere necessariamente costante e diretto a una lettura attenta delle diverse problematiche”.
Giulianelli non ha mancato di evidenziare nuovamente alcune criticità che insistono sulle carceri marchigiane, tra cui quella sanitaria fotografata nella sua complessità e nei giorni scorsi oggetto di un’audizione del Garante in Commissione regionale sanità e servizi sociali e di un confronto con il Provveditore dell’amministrazione penitenziaria di Elia Romagna e Marche, Gloria Manzelli.
“L’azione di monitoraggio – conclude il Garante – tocca diverse realtà del mondo carcerario e in questo momento particolarmente difficile dobbiamo tenerle tutte ben presenti. Con il supporto di chi lavora all’interno del carcere e di chi presta la sua azione continua di volontariato”.

A.Is.

At the beginning of December, Deputy-Ombudsman Pasi Pölönen gave his decision on 20 complaints, which criticised the processing times of sickness allowance matters in the Social Insurance Institution of Finland (Kela). 

According to the report received, the processing of sickness allowance cases had become heavily backlogged in spring 2021. As a result, the processing times had increased from the three weeks set as the target in Kela. 

The main reason for the backlog was the strong increase in applications for the daily allowance on account of an infectious disease. In 2019, 120 people received the daily allowance for infectious diseases, whilst by the end of September 2021, Kela had received more than 125,000 applications for daily allowance on account of infectious diseases. In addition, the revenue reform of the Health Insurance Act and the introduction of a new processing system that entered into force in 2020 contributed to the application backlog. 

Kela reacted to the situation and at the beginning of May, 60 new solution experts started working on applications for sickness allowance and allowance on account of an infectious disease. Kela has also carried out overtime work in order to clear the backlog. In October 2021, Kela reached the average processing time of three weeks in accordance with its objective. 

The Deputy-Ombudsman considered that Kela had responded to the increase in the number of daily allowance applications and the resulting backlog in their processing appropriately and without undue delay. The increase in the number of daily allowance applications on account of infectious diseases had been so high that the Deputy-Ombudsman considered it a valid justification for the delay and that Kela had processed applications without undue delay in cases where the target time had been exceeded by two weeks, for example. 

In some cases, however, the processing time was up to 9–10 weeks and over 14 weeks in one, without giving other reasons for the delay in addition to the general backlog of the application processing. In these cases, the Deputy-Ombudsman considered that Kela had neglected its duty to handle matters without undue delay. According to the Deputy-Ombudsman, Kela had not succeeded in ensuring the equal treatment of all its customers. He urged Kela to examine these aspects of its activities in order to avoid similar differences in the processing times of future applications.

Deputy-Ombudsman Pölönen also expressed his concern that the average processing time for sickness allowance matters had again increased to 26 days in December. He urged Kela to act so that the processing time would decrease again towards the target time. 

The full texts of Deputy Ombudsman Pasi Pölönen’s decisions no 3439/2021 and 3447/2021 have been published (in Finnish) online at the Parliamentary Ombudsman’s website at www.oikeusasiamies.fi.

For more information, please contact Principal Legal Adviser Juha Niemelä, tel. +358 9 432 3356.

At the initiative of the Commissioner for Fundamental Rights, the Headquarters of the Hungarian Prison Service participates in the renovation of the Rum Special Children’s Home.

On 9 December 2021, Ombudsman Dr. Ákos Kozma, National Commander of the Hungarian Prison Service, Counsellor, Major General Dr. Tamás Tóth and Colonel, Counsellor, Deputy Director General for Finance and IT of the National Commander Tamás Farsang paid a visit to the Vas  County Child Welfare Centre and Elementary School, where  they inspected the renovation works.

In addition to checking the progress of the refurbishment, Ombudsman Dr. Ákos Kozma donated toys to the children’s home, which were offered to the institution by the staff members of the Office of the Commissioner for Fundamental Rights.

Alexei Navalny’s daughter, Daria Navalnaya, received European Parliament’s Sakharov Prize on behalf of her imprisoned father at a ceremony on 15 December.

Currently serving a prison sentence in a forced labour colony in Russia, Alexei Navalny has been the country’s leading opposition figure for more than a decade, known for his fight against corruption and the Kremlin's abuses of human rights.

In his introductory words Parliament President David Sassoli praised Navalny’s courage: "He has been threatened, tortured, poisoned, arrested, incarcerated, but they have not been able to actually make him stop speaking... As he himself said once, corruption prospers where there is no respect for human rights, and I believe he is right. The fight against corruption is also a fight for the respect of universal human rights. It is certainly a fight for human dignity, for good governance and for the rule of law”, said Sassoli, calling on his immediate and unconditional release.

Accepting the prize in Navalny’s name, Daria Navalnaya criticised those eager to appease dictators in the interest of pragmatism, insisting that Europe must remain true to its ideals: “When I wrote to my dad and asked: ‘What exactly do you want me to say in the speech from your point of view?’ he answered: Say that no one can dare to equate Russia to Putin’s regime. Russia is a part of Europe, and we strive to become a part of it. But we also want Europe to strive for itself, to those amazing ideas, which are at its core. We strive for a Europe of ideas, the celebration of human rights, democracy and integrity.”

Also present at the ceremony in Strasbourg were Leonid Volkov, Navalny’s political adviser, and Kira Yarmysh, Navalny’s press officer.

Afghan women fighting for women’s rights in their country, and Bolivian politician Jeanine Áñez were the other finalists for the Parliament’ Sakharov Prize in 2021.

Who is Alexei Navalny

Alexei Navalny is this year’s Sakharov Prize laureate, following a decision by European Parliament President David Sassoli and the political groups’ leaders on 20 October 2021. He came into international prominence for organising demonstrations against President Putin and his government, running for office and advocating anti-corruption reforms.

In August 2020, Navalny was poisoned and spent months recovering in Berlin. He was arrested on his return to Moscow in January 2021 and is now in a high-security penal colony, with more than two years of time still to serve. Navalny went on a long hunger strike in late March 2021 to protest against his lack of access to medical care.

In June 2021, a Russian court labelled Alexei Navalny’s organisation, Anti-Corruption Foundation, and his regional offices “extremist groups”.

In a resolution adopted in January 2021, MEPs demanded the immediate and unconditional release of Alexei Navalny and all other persons detained while protesting for his release, and called on EU countries to significantly strengthen sanctions against Russia; a call they reiterated in April 2021.

The European Parliament’s Sakharov Prize

The Sakharov Prize for Freedom of Thought is awarded each year by the European Parliament. It was set up in 1988 to honour individuals and organisations defending human rights and fundamental freedoms. It is named after the Soviet physicist and political dissident Andrei Sakharov and consists of a certificate and a €50,000 award.

In 2020, Parliament awarded the prize to the democratic opposition of Belarus.

Find out how the Sakharov Prize laureate is chosen in our infographic.