Ntwali’s death is a huge loss for Rwanda’s challenging media landscape

Rwandan journalist John Williams Ntwali – who many believed was the last remaining independent journalist in the country – died last week. He was apparently killed in a road accident in the country’s capital, Kigali, in the early hours of 18 January 2023. He was 43 years old, and leaves behind a wife and child.

It has been reported that a speeding vehicle crashed into the motorcycle he was riding as a passenger. Police spokesman John Bosco Cabera told Reuters that Ntwali was the sole fatality.

Ntwali, who was a leading investigative journalist and editor of the Rwandan-based news publication The Chronicles, was one of the few journalists who was openly critical of Paul Kagame, who became president of Rwanda in 2000. Several journalists and commentators are currently imprisoned under Kagame’s regime.

Ntwali was regularly threatened as a journalist exposing human rights abuses in Rwanda.

“I’m focused on justice, human rights, and advocacy. I know those three areas are risky here in Rwanda, but I’m committed to [them],” he told Al Jazeera. He also spoke about how death threats were common as part of his work.

There were widespread tributes to Ntwali’s death after it was announced.

The Rwanda Journalists Association said: “We are saddened by the death of journalist John Williams Ntwali this week in a road accident. Our condolences go out to his family, the wider media community and friends and relatives. May God rest in peace.”

MP and president of the Democratic Green Party of Rwanda, Frank Habineza, wrote: “It is with great sadness that we share the tragic news of the death of journalist John Williams, who died in an accident. We are patient with his family. God bless you. Our sincere condolences. May his soul rest in eternal glory.”

As the authorities have yet to produce any reports or evidence from Ntwali’s fatal accident, Lewis Mudge, Central African Director at Human Rights Watch, wrote that he not only dared to report about political repression but that “he joins a long list of people who have challenged the government and died in suspicious circumstances.”

The Human Rights Foundation said that his death is considered suspicious as he was in “the regime’s crosshairs for his journalistic work.”

There have also been calls for an independent enquiry into Ntwali’s death, with Ntwali’s family and friends requesting an independent international investigation. Angela Quintal, Africa programme coordinator for the Committee to Protect Journalists, said Ntwali will be mourned and also called for “a transparent, comprehensive, and credible accounting of the circumstances that led to his death.” Index join in these calls for accountability.

Ntwali’s funeral was held in the Gacurabwenge sector of the Kamonyi district, Rwanda, on 22 January 2023.

Rwanda was ranked 136 out of 180 countries in Reporters Without Borders 2022 World Press Freedom Index. According to the organisation, media owners must pledge allegiance to the government, and methods such as espionage, surveillance, arrest and forced disappearance is used in the county to prevent journalists from working freely. It also says that arbitrary arrests and detention of journalists have increased in recent years.

Ntwali’s death comes one year ahead of Rwanda going to the polls. Last summer Kagame said that he planned to run again in 2024, seeking his fourth term in office.

“I would consider running for another 20 years. I have no problem with that. Elections are about people choosing,” he told France 24. In 2017, Kagame reportedly won 99% of the vote, leading to cries of foul-play. Whether Ntwali’s death was suspicious or not, his death leaves a huge hole in Rwanda’s media landscape. Who is now left to speak out against Kagame?

Turkey should immediately release Mehmet Altan and Şahin Alpay

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Şahin Alpay and Mehmet Altan

Şahin Alpay and Mehmet Altan

Turkey should immediately implement the judgments of the European Court of Human Rights (ECtHR) and release the veteran journalists Mehmet Altan and Şahin Alpay without delay, a coalition of nongovernmental groups said on 23 March 2018. Furthermore, Turkey must ensure that domestic remedies for human rights violations are effective, in particular by ensuring the urgent review of all cases of journalists and writers currently pending before its Constitutional Court.

The organizations, which had intervened as third parties in the cases before the court, included PEN International, ARTICLE 19, Committee to Protect Journalists, European Centre for Press and Media Freedom, European Federation of Journalists, Human Rights Watch, Index on Censorship, International Press Institute, International Senior Lawyers Project and Reporters Without Borders. The coalition welcomed the judgments announced on March 20, 2018. The rulings are the first by the court in the cases of journalists arrested and detained on charges in relation to the failed 2016 coup attempt in Turkey. They set an important precedent for the other cases of 154 detained journalists in Turkey.

“The Turkish government must take action to implement the European Court of Human Rights’ judgement. The ongoing trials are a serious breach of human rights and freedom of expression by the government. Turkey must cease its judicial harassment of journalists, academics and lawyers,” said Joy Hyvarinen, head of advocacy of Index on Censorship said.

In its two judgments, the European Court found violations of Article 10 of the European Convention on Human Rights, which protects the right to freedom of expression. The court made clear that criticism of governments should not attract criminal charges since, in addition to pre-trial detention, this would inevitably have a chilling effect on freedom of expression and would silence dissenting voices.

“We welcome these rulings, in particular the European Court’s recognition that a state of emergency must not be abused as a pretext for limiting freedom of expression,” said Carles Torner, executive director of PEN International.

While acknowledging the threat posed to Turkey by the attempted coup, the court crucially noted that “the existence of a ‘public emergency threatening the life of the nation’ must not serve as a pretext for limiting freedom of political debate, which is at the very core of the concept of a democratic society.”

The European Court has also found that the journalists’ detention was unlawful under the right to liberty protected by Article 5 (1) of the European Convention. The European Court endorsed the January 2018 ruling of Turkey’s Constitutional Court, which held that there was not sufficient evidence to keep the defendants in detention and ordered their release.

The judgment further sharply criticized the lower courts for refusing to carry out the Constitutional Court’s decision. In particular, the applicants’ continued pre-trial detention raised serious doubts as to the ability of the domestic legal system in providing an effective remedy for human rights violations, stating: “For another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications runs counter to the fundamental principles of the rule of law and legal certainty.”

“We welcome the court’s finding that the right to liberty of the applicants was violated,” said Caroline Stockford, Turkey Advocacy Coordinator for the International Press Institute. “The Court rightly criticised the refusal by the lower domestic courts to implement the Turkish Constitutional Court’s decisions and to release Mehmet Altan and Şahin Alpay.”

The European Court decided not to examine the applicants’ complaint that the detention of the applicants was politically motivated, under Article 18 of the convention.

“In deciding not to rule on Article 18, the European Court dodges an important question at the core of this litigation, which is whether Turkey’s prosecutions of journalists just for doing their work is part of a larger campaign to crack down on independent journalism?”, said Torner.

“The decision stated that ‘the investigating authorities had been unable to demonstrate any factual basis’that indicate that both journalists had committed the offenses with which he was charged’. The Court repeats what we have been saying with our affiliates for years to Turkish authorities that journalism is not a crime and journalists, like writers or academicians in the country, must not be prosecuted for their work or opinions,” said Ricardo Gutiérrez, EFJ General Secretary.

What the judgments mean for other cases

The judgments contain some important statements of principle on unlawful detention and freedom of expression. In particular, the European Court emphasised that it is not permissible to prosecute individuals on the basis of expression that is critical of the government.

However, in practice, the judgments also imply that the European Court will wait for the Constitutional Court to rule on the other pending cases of Turkish journalists before proceeding to its own review. This is because the European Court still considers the Constitutional Court an effective remedy in general.

Although the European Court was prepared to accept the length of time the Constitutional Court took to review these cases, the judgment is effectively putting the Constitutional Court on notice, saying that it will keep the situation under review and that it cannot continue taking this long to decide on cases.

The coalition repeats its call for the immediate implementation of these two judgments and for the release of Mehmet Altan from prison and Şahin Alpay from house arrest.

“These judgments are an important affirmation of the right to free expression and clearly state that the state of emergency is not a good enough reason to hold journalists and writers in detention for what they say,” said Gabrielle Guillemin, Senior Legal Officer at ARTICLE 19. “The Turkish authorities must now immediately release them both and the Turkish courts should apply these principles to the many other cases of detained journalists in Turkey,” she added.

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Yavuz Baydar: Turkey’s rounding up reporters, editors and columnists

Şahin Alpay

Şahin Alpay is a columnist for multiple newspapers, including Yarina Bakis, which was forced to suspend its print edition after the coup.

It was 6am when Professor Şahin Alpay and his wife heard the knock at the door. It was the police. They had come to take him into custody.

The 72-year-old journalist’s flat was searched for two hours. As he was led away, Alpay said: “I do not know why I am being taken away. I am not in a position to say anything.”

Alpay was only one of 47 journalists who were subject to arrest under warrants issued on Wednesday. The list included the names of columnists, editors and reporters who formerly had been employed in Zaman daily, which was seized by the security forces last March. It and its journalists now stand accused of being the so-called media leg of Fethullah Gülen terror organisation.

Alpay has been one of the most consistent and powerful socially liberal voices in Turkey for decades. He is very well known in European political circles, particularly in Sweden where he had completed his doctorate. He is respected within Germany’s social democratic, liberal and green movements. For years, he had been part of democracy projects conducted by the Ebert and Naumann foundations. Until very recently he had taught political science at Bahçeşehir University and continued to write columns in multiple newspapers.

The list also includes names such as Hilmi Yavuz, an 80-year-old poet, philosopher and literary critic, who is also well known abroad. Other names on the list wereP rofessor İhsan Dağı, a brilliant liberal scholar, and theologue Ali Bulaç.

Then there are journalists: Lale Kemal, an outstanding analyst of defence issues for Jane’s Defence Weekly; Nuriye Akman, who is well known for her long interviews; Bülent Keneş, former editor-in-chief of  Today’s Zaman, which is now controlled by trustees appointed by the government. The list goes on and on.

On Monday, a list of arrest warrants issued against 42 journalists. On Wednesday there were 47 more names. With this second wave of arrests, there seems no doubt that the clampdown on critical and independent journalism will continue in stages. The first wave targeted reporters regardless of the publications they were affiliated with. The second wave was aimed at Zaman. The message shared on social media: there is more to come.

Turkey’s situation cannot be any more serious. The aftermath of the completely unacceptable and bloody coup is marked by an incomprehensible priority to target dissenting intellectuals. This is reminiscent of the pattern the generals set down after the military coup in 1980. The targets were communists then, now it’s Gülenists that are the subject of the massive witch hunt.

The accusation directed at Nazlı Ilıcak, a 71-year-old veteran journalist on the centre right-liberal flank, is rather telling. The lawyers say that she is to be charged with “establishing the media leg of FETO terror organisation”, meaning a lifetime imprisonment if the charge sticks.

This was the overall picture as of the past 24 hours. It is, then, completely appropriate that, now that the witch hunt is openly targeting liberals on the right and left in Turkey, the rules of the emergency rule paves the way for a counter-putsch or, as the veteran journalist, Hasan Cemal, a close friend of Alpay and Ilıcak, labelled as “civilian coup”.

Indeed, Wednesday morning Human Rights Watch was swift in issuing an SOS warning to the world about the emergency rule, which now allows the authorities to keep people in custody up to 30 days.

“It is an unvarnished move for an arbitrary, mass, and permanent purge of the civil service, prosecutors, and judges, and to close down private institutions and associations without evidence, justification, or due process,” HRW said.

“The wording of the decree is vague and open-ended, permitting the firing of any public official conveniently alleged to be ‘in contact’ with members of ‘terrorist organizations’, but with no need for an investigation to offer any evidence in support of it,” Emma Sinclair-Webb said. “The decree can be used to target any opponent – perceived or real – beyond those in the Gülen movement.”

This is the list of 47 journalists targeted for arrest:

Osman Nuri Öztürk, Ali Akbulut, Bülent Keneş, Mehmet Kamış, Hüseyin Döğme, Süleyman Sargın, Veysel Ayhan, Şeref Yılmaz, Mehmet Akif Afşar, Ahmet Metin Sekizkardeş, Alaattin Güner, Faruk Kardıç, Metin Tamer Gökçeoğlu, Faruk Akkan, Mümtaz’er Türköne, Şahin Alpay, Sevgi Akarçeşme, Ali Ünal, Mustafa Ünal, Zeki Önal, Hilmi Yavuz, Ahmet Turan Alkan, Lalezar Sarıibrahimoğlu (Lale Kemal), Ali Bulaç, Bülent Korucu, İhsan Duran Dağı, Nuriye Ural (Akman), Hamit Çiçek, Adil Gülçek, Hamit Bilici, Şenol Kahraman, Melih Kılıç, Nevzat Güner, Mehmet Özdemir, Fevzi Yazıcı, Sedat Yetişkin, Oktay Vızvız, Abdullah Katırcıoğlu, Behçet Akyar, Murat Avcıoğlu, Yüksel Durgut, Zafer Özsoy, Cuma Kaya, Hakan Taşdelen, Osman Nuri Arslan, Ömer Karakaş.

A version of this article was originally posted to Suddeutsche Zeitung. It is published here with permission of the author.


Turkey Uncensored is an Index on Censorship project to publish a series of articles from censored Turkish writers, artists and translators.

“You have to be brave to be a journalist in Serbia”

Mapping Media Freedom

Investigative journalist Ivan Ninic knew something was wrong when he saw the two young men reach down. “I saw they were getting two metal bars,” said Ninic, who is the latest victim of violence against journalists in Serbia. Two young men, in tracksuits and baseball caps, assaulted him on a Thursday evening in late August, in Serbia’s capital, Belgrade. “They attacked me and stuck me brutally,” he told UNS, a Serbian association for journalists. “I have a haematoma under my eye, bruises on the thigh bone and an injury to my shoulder.”

Just a week earlier, at a Jazz Festival in the southern city of Nis, local journalist Predrag Blagojevic was beaten by a police officer for — in the words of the officer — “acting smart”. “He grabbed me, bent my arm behind my back and repeated several times ‘Why are you acting smart?’ Then he hit me in the head with his hand. He hit me twice,” Blagojevic stated after the incident. Blagojevic had been approached by the officer and asked for his identity papers. Blagojevic had asked “why?” The police officer took him to his car and started beating him.

Media freedoms in Serbia are on the decline. The country has been cited in 93 verified violations against the media reported to Index on Censorship’s Mapping Media Freedom project. A recent report by Human Rights Watch (HRW), painted a picture of journalists in several western Balkan countries, working in hostile environments whilst facing threats and intimidation.

“It’s certainly not going forward,” HRW researcher Lydia Gall said in an interview with Index on Censorship. “What in fact should be showing progress, is rather deteriorating.”

Gall interviewed over 80 journalists in Serbia, Kosovo, Macedonia, Montenegro and Bosnia-Herzegovina. The stories she heard were shocking.

“These are all countries that are transitioning,” she said. “They’re undergoing democratic development in, one would hope, a positive direction. But when you look at the documentation I’ve collected you’ll see a worrying picture unravel.”

The report contains examples of threats, beatings, and even the murder of several journalists. It also claims there is political interference, pressure and a lack of action by the authorities to investigate and prosecute those responsible for crimes against the media.

In Serbia alone Human Rights Watch reported 28 cases of physical attacks, threats, and other types of intimidation against journalists between January and August 2014.

NUNS (the Independent Journalists’ Association of Serbia) has documented a total of 365 physical and verbal assaults, and attacks, in the period from 2008 to 2014. This may be the tip of the iceberg since, according to NUNS, many media workers don’t report attacks.

Between May 2014 and June 2015, Index on Censorship’s Mapping Media Freedom project has received 77 reports of violations against Serbian journalists and media workers.

Most of the targeted journalists investigate corruption and allegations of war crimes. Both Ivan Ninic and Predrag Blagojevic report on corruption on a regular basis. “These are not popular topics in the Balkans,” Lydia Gall said. “There are always people in power trying to get them not to write about them.”

Serbia has undergone incredible change over the past two decades. During the Federal Socialist Republic of Yugoslavia censorship was directly imposed by the state. Few forget the difficulties of reporting in Serbia during the darkest moments of the 1990s. Means and methods of pressure and censorship are very different nowadays.

“It’s not necessarily the state going after the journalist anymore,” Gall explained. “But it’s more the state neglecting to properly investigate crimes against journalists.”

“If it’s not physical interference or abuse, then it’s threats, or so-called friendly advice. In some cases journalists are being sued for civil libel and end up spending most of their time in courts instead of doing their work. It can be done in very subtle ways.”

This all contributes to a hostile environment for journalists to work in, the HRW report concludes. “You have to be a brave person to do this type of reporting in the Balkans,” said Gall.

Sometimes pressure on the media in Serbia is not even that subtle. Current Prime Minister Aleksandar Vucic, has been accused of being overly hostile against the media. He has publicly labeled Balkan Investigative Reporting Network (BIRN) foreign spies . The current government has also been accused by some journalists of involvement in several cyber attacks on critical online media portals, such as Pescanik.

“Improving media freedom is an important condition in Serbia’s negotiation process with the European Union for membership. But EU’s pressure on Serbia is too weak,” said Gall.

“They’re mainly looking at the legislative framework. On paper it looks great. The problem comes to light when you look on the ground. When you speak to journalists, who are living this reality every day.”

Meanwhile the Serbian journalist associations, NUNS and UNS, are trying to put pressure on the authorities to track down the attackers of Ivan Ninic.

Ninic is known for his investigations into corruption within high levels of government. He founded the Center for the Rule of Law, an NGO, and is planning to launch a website to publish investigative reports.

He believes the attack is a warning: “I expect the police will find and punish not only the attackers, but also the masterminds, so that I know who is sending me this message,” he said in a statement.


 

Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


This article was published on 16 September 2015 at indexoncensorship.org