13 Jun 2017 | Digital Freedom, News and features, Pakistan
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Journalist Azaz Syed said that reporters are being told to self-censor. (Photo: YouTube)
Nine Pakistani citizens have filed a constitutional petition in Pakistan’s Sindh High Court in response to recent harassment and arrests of journalists and activists. The petition was filed Monday 5 June, naming the Federation of Pakistan and Federal Investigation Agency as respondents.
The petitioners, who are journalists and activists, include Farieha Aziz. Aziz is the director of Bolo Bhi, a Pakistani nonprofit that promotes digital freedom and gender rights through advocacy and research, though the group was not part of the petition. Bolo Bhi won Index on Censorship’s 2016 Freedom of Expression Campaigning Award.
“We’ve approached court because as citizens we believe the government has acted unlawfully and its actions are creating an environment of fear, in turn causing a chilling effect on speech,” Aziz told Index. “As citizens and professionals we believe we must collect to take such initiatives in the interest of democracy and to ensure that rule of law is upheld.”
The petitioners are responding to government actions that they claim have a “chilling effect on freedom of speech”. Pakistan’s government has been using cyber crime laws to crackdown on activists who criticise the military. On 10 May, the Pakistan Telecommunication Authority texted citizens a message cautioning against blasphemous online content and suggesting that they report any such content. Pakistan’s cyber crime laws allow the government to censor material online. This followed an order in March from the Islamabad High Court to remove blasphemous material from all websites, even if that meant blocking those websites.
Pakistan has become an increasingly hostile environment for journalists and critics of government actions. In January, five prominent online critics of Pakistan’s military went missing within a few days of each other, and their websites were immediately blocked. Last week, Geo news journalist Azaz Syed escaped an attempted kidnapping in Islamabad, and the perpetrators have not yet been identified. Another journalist from Geo TV, Hamid Mir, was seriously wounded in a gun attack last year.
This is not the first time Syed has been confronted with threats and attacks because of his work. In 2010 he received threatening phone calls and his home was attacked, and although he was able to name his assailants the police have yet to lodge an official complaint. This time, Syed has avoided naming his attackers as he fears for the security of his family.
Syed describes the changing environment for journalists as moving away from physical attacks. News organisations are encouraging journalists not to anger those in power, even pushing them to avoid posting on social media. According to Syed, only those who do not listen and continue to post are at risk of physical attack. “This is happening because the culprits involved in attacking the journalists never face the long arm of law,” Syed told Index. “Everything ultimately goes to the imbalance of civil-military relations in the country.”
On 14 May, the minister of the interior ordered the FIA to take action against individuals suspected of carrying out anti-military campaigns online. The FIA has continued to detain people suspected of participating in this type of campaign.
Activist Adnan Afzal Qureshi was arrested by FIA on 31 May for “anti-military tweets” and “abusive language against military personnel and political leaders,” according to the FIA. He was charged under sections of the law relating to “offence against the dignity of a natural person” and “cyberstalking”.
The FIA has sent notices to other activists instructing them to report to the counter-terrorism wing of the police station. The notices do not include any suspected offences, or the type of information FIA is seeking.
The petitioners called the government and the FIA’s actions violations of due process. In their statement, they condemn the government’s actions as “coercive acts to intimidate, harass and threaten not just targeted individuals but citizens at large,” which they accuse of attempting to inhibit the public’s exercise of rights.
The respondents were instructed to file a response by 15 June, which was later adjourned to 25 June.
In another development, an anti-terrorism court in Pakistan sentenced Taimoor Raza to death on 11 June for committing blasphemy in a Facebook post. His offence consisted of disparaging the Prophet Muhammad and other religious figures.The exact contents of the post have not been released, but Raza was arrested following a debate about Islam on Facebook with a counter-terrorism agent last year. He was charged with the maximum sentence under laws punishing derogatory remarks about religious figures, and a law concerning derogatory remarks about Prophet Muhammad. This is the first death sentence for a social media post in Pakistan.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1497944568388-6fea101c-dfb2-3″ taxonomies=”23″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
13 Jun 2017 | Bahrain, Bahrain Letters, Campaigns, Campaigns -- Featured, Statements
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Nabeel Rajab, BCHR – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees, Jonathan Dimbleby
We, the undersigned, are writing to express our deep concern over the continued detention of prominent Bahraini human rights defender Nabeel Rajab, and urge you to call for his immediate release and all charges against him to be dropped.
One year ago, Rajab was arrested and remains detained despite a court order to release him on 28 December 2016. He faces three separate legal cases, the trials for two of which have been postponed a total of 22 times. In all cases, Rajab is being prosecuted for exercising his right to freedom of expression and he faces up to 18 years behind bars.
The 2012 Freedom of Expression Campaigning Award-winning Rajab is the President of the Bahrain Center for Human Rights, Founding Director of the Gulf Centre for Human Rights, Deputy Secretary General of FIDH and a member of the Human Rights Watch’s Middle East Division advisory committee. Rajab has raised awareness of the practice of torture in Bahraini prisons and protested the inability of foreign NGOs, such as Human Rights First and Reporters Without Borders, to access Bahrain. Exercising freedom of speech has earned Rajab several charges. In one case, in which he faces up to 15 years in prison, Rajab is charged in relation to his social media posts with “insulting a statutory body”, “spreading rumours in war time” and “insulting a neighbouring country.” In a second case, Rajab faces up to three years in prison on charges of “spreading false news”, in relation to interviews given to the media. In September 2016, he was charged again with “spreading false news” after the New York Times published a letter attributed to him from jail.
Rajab has spent at least six of the past twelve months in solitary confinement. The UN Committee Against Torture in May 2017 named Rajab’s case as one of concern and called for his release, alongside all human rights defenders and journalists detained and imprisoned for their work.
We are particularly concerned about Rajab’s health, which continues to deteriorate due to poor conditions and mistreatment in detention. On Wednesday, 5 April 2017, Rajab underwent major surgery at a military hospital to remove some ulcerated tissue from his lower back. Against medical recommendations, he was returned to his cell at East Riffa Police Station two days later, before being rushed to the police clinic for emergency treatment. On 7 June, he underwent minor surgery on the back again. Rajab’s health is also preventing him from attending his court hearings and the judge has persistently refused all requests submitted by his lawyers to release him on bail, despite the length of his detention period in solitary confinement and clear evidence about the deteriorating condition of his health.
We request your support in ending the inhumane detainment of Nabeel Rajab and calling for his immediate release. Only through urgent international advocacy is his release feasible.
As Rajab’s son, Adam notes: “I believe that without international pressure we will not see him walk out of prison anytime soon.”
Please hold the Bahraini justice system accountable and call for the immediate release of human rights defender Nabeel Rajab.
Sincerely,
Americans for Democracy and Human Rights in Bahrain
ARTICLE 19
Bahrain Centre for Human Rights
Bahrain Institute for Rights and Democracy
English PEN
European Centre for Democracy and Human Rights
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Gulf Centre for Human Rights
IFEX
Index on Censorship
Reporters Without Borders
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights
Read this statement in Arabic[/vc_column_text][vc_single_image image=”91338″ img_size=”full” alignment=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1497944455833-e03d2b20-4041-9″ taxonomies=”3368, 716″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
13 Jun 2017 | Azerbaijan, Azerbaijan Letters, Campaigns, Campaigns -- Featured, Statements
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Arif and Leyla Yunus (Photo: HRHN)
Dear Secretary General,
We, the undersigned organisations call on Interpol, and all other relevant bodies and authorities to act with due diligence in accordance with Interpol’s constitution to prevent the misuse of Interpol alerts against Leyla Yunus and Arif Yunus, two prominent human rights defenders from Azerbaijan. The couple currently resides in exile in the Netherlands, where they were granted refugee status in 2016. Detailed information about their human rights activism can be found below. Interpol’s constitution prohibits the misuse of its systems for political purposes and in ways that violate human rights.
Leyla and Arif Yunus were arrested on 30 July and on 5 August 2014 respectively. Azerbaijani authorities prosecuted both on politically motivated charges of large-scale fraud, while also charging Leyla with bogus forgery, tax evasion, and illegal entrepreneurship offences. In August 2015, a court sentenced Leyla Yunus to eight and half years imprisonment, and Arif Yunus to seven, having convicted them of tax evasion and other economic crimes. Authorities also filed treason charges against them both, but later suspended the investigation.
On 9 December 2015, Leyla Yunus was released from detention and her eight-and-a-half-year prison sentence was converted into five-year suspended sentence, following a decision by the Baku City Court of Appeal on the basis of a request from her lawyers with reference to her deteriorating health condition. Similarly, Arif Yunus’s prison term was changed to a five-year suspended sentence. He was placed under house arrest on 12 November 2015. In April 2016 the Azerbaijani government allowed the couple to travel abroad to receive needed medical treatment for conditions they had developed during their prison ordeal.
Due to the politically motivated nature of their prosecution, in spring 2016 the couple received political asylum in the Netherlands.
When Leyla and Arif left Azerbaijan, their cassation appeal was still pending before the Supreme Court. On 27 December 2016, the Supreme Court sent the case back for re-examination to the Baku Appeal Court. On 17 May 2017, at the hearing at the Baku Appeal Court, the Yunus’s lawyer asked the court to ensure the couple’s participation in the proceedings via internet. The court rejected the petition. The same day, the court ordered the couple to return to the country to participate in the subsequent court hearings in their case. The court hearing was rescheduled from 31 May to 3 July 2017.
The arrest of Leyla and Arif Yunus happened against the backdrop of a rapidly deteriorating human rights situation in Azerbaijan. Since 2014, several dozens of human rights defenders, lawyers and journalists and opposition politicians have been arrested and prosecuted on politically-motivated grounds. The arrests and other steps by the government of Azerbaijan have served to severely close the space for independent activism, critical journalism, and opposition political activity in the country.
Azerbaijan has been ranking as Not Free in the Freedom in the World rankings of the Freedom House for several years, scoring the lowest on the political rights and civil liberties. In the latest Freedom of the Press rankings, Azerbaijan scored the 162nd place out of 180 countries.
The United Nations Working Group on Arbitrary Detention recently concluded an official visit to Azerbaijan. In a statement issued at the end of its visit, the Working Group concluded that human rights defenders, journalists, and political and religious leaders continue to be detained on criminal or administrative charges in the country as a way to impair their exercise of basic human rights and fundamental freedoms and to silence them. The Working Group stressed that these practices constitute abuse of authority and violate the principle of the rule of law that Azerbaijan has undertaken to comply with. One of the cases highlighted by the Working Group is that of Leyla and Arif Yunus. In his recent report to the Human Rights Council, the United Nations Special Rapporteur on human rights defenders, Michel Forst also drew attention to the legal persecution of human rights defenders in Azerbaijan.
An official request has been made to Interpol on 12 June 2017 by the European Human Rights Advocacy Centre (EHRAC), which represents the couple, to inquire about the existence of any alerts made against Leyla and Arif Yunus by the Azerbaijani Government and to request Interpol to take all appropriate steps to prevent the dissemination of such an alert. Taking into consideration the very poor human rights record in Azerbaijan and the routine practice of politically-motivated prosecutions by the authorities, any attempt by the Azerbaijani authorities to use Interpol alerts against Leyla Yunusova and Arif Yunusov would violate the prohibition in Interpol’s constitution against the misuse of its systems for political purposes and in ways that violate human rights. Interpol should, therefore, refuse any request from the Azerbaijani authorities to use the Interpol Information System against Leyla Yunusova and Arif Yunusov, and we call on all relevant national bodies and authorities not to act on Interpol alerts against them, in case they are issued.
Short biographies:
Leyla Yunus is a long time human rights defender and activist since the late Soviet era. She is the director of the Institute for Peace and Democracy, a human rights organisation in Azerbaijan that focused on political prisoners, women’s rights and other issues. For almost 30 years Leyla Yunus and Arif Yunus have been involved in compiling comprehensive lists of political prisoners in Azerbaijan. Leyla Yunus is a Knight of the French Legion of Honor, winner of the International Theodor Hacker award, Laureate of the Polish Sergio Vieira de Mello Award and a finalist of the 2014 Sakharov Prize of the European Parliament.
Arif Yunus is a prominent Azerbaijani historian and human rights activist. He is the chairperson of the Conflict and Migration departments at the Institute for Peace and Democracy. Throughout his career, Arif has published over 30 books and several articles on the history of Azerbaijan and on Azerbaijani-Armenian relations. In his work, he has promoted dialogue between intellectuals from Azerbaijan and Armenia, and for many years has advocated for a peaceful resolution of the conflict in Nagorno-Karabakh. He has supported numerous victims of torture and spoken out repeatedly against politically motivated detentions.
The list of signatory organisations:
1. Amnesty International
2. Association UMDPL (Ukraine)
3. Bir Duino
4. Centre for the Development of Democracy and Human Rights
5. Committee Against Torture
6. Crude Accountability
7. Fair Trials
8. FIDH and OMCT under “Observatory for the protection of human rights defenders”
9. Freedom Files
10. Front Line Defenders
11. Helsinki Foundation for Human Rights
12. Human Rights House Foundation
13. Human Rights Watch
14. Index on Censorship
15. International Partnership for Human Rights
16. Institute for Reporters’ Freedom and Safety (IRFS)
17. Kazakhstan International Bureau for Human Rights and the Rule of Law
18. KRF Public Alternative
19. Legal Policy Research Centre
20. Public Verdict
21. Regional Center for Strategic Studies
22. The Barys Zvozskau Belarusian Human Rights House
23. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
24. The Netherlands Helsinki Committee
25. Women of the Don[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1497944614160-ae286e6b-fd24-9″ taxonomies=”7145″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
12 Jun 2017 | Artistic Freedom, Artistic Freedom Statements, Campaigns -- Featured, Statements
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As a coalition of national and international organisations devoted to promoting creative freedom, we strongly oppose the Walker Art Center’s decision to dismantle and destroy a controversial public sculpture. Scaffold, a 2012 work by Sam Durant, was intended to comment on capital punishment and its disproportionate effect on people of colour.
Scaffold is based on designs for gallows used for seven historical U.S. state-sanctioned executions, including that of 38 Dakota men hung in Mankato, Minnesota in 1862. Over a month after its installation in the Minneapolis Sculpture Garden the sculpture was met with a protest, threats of violence, verbal attacks on the artist and the center’s administration, and demands that the work be dismantled and removed.
Days after the protest erupted, in a May 31st meeting, Dakota tribal elders, the artist, the Walker Art Center administration, the Minneapolis Park and Recreation Board, and city government officials, reached a decision to dismantle the work and burn it in a ceremony overseen by Dakota elders. As part of the agreement, Durant has pledged to never recreate the piece and to transfer to the Dakota tribe his intellectual property rights to the work.
The hasty decision did not allow for time to obtain meaningful feedback from the broader community or consider various options to respond to the concerns raised by Dakota leaders.
Artists and art institutions have always played a role in socio-political discourse, including raising awareness about historical and present-day violence, injustice and oppression. There have been vigorous debates in recent years over who can appropriately represent historical trauma, the meaning of cultural appropriation and white privilege.
Cultural institutions and artists urgently need to develop creative ways to respond to such critique and controversy and productively engage diverse communities while taking seriously their responsibility for the artworks that are in their care. Without active institutional support for their work, artists – who can face extreme pressure on social media, ad hominem attacks and even physical threats – may feel they have little choice but to consent to their work’s destruction, to commit to avoiding certain subjects in their art (self-censorship), and or even to sign away their intellectual property rights.
The Walker’s decision to destroy Scaffold as a way to respond to protests sets an ominous precedent: not only does it weaken the institution’s position in future programming but sends a chill over artists’—and other cultural institutions’—commitment to creating and exhibiting political, socially relevant work. Even ostensibly voluntary decisions to destroy artwork have ominous implications for creative expression and the need for public debate over contentious social issues.
National Coalition Against Censorship
PEN America
International Association of Art Critics
Observatoire de la liberté de création (France)
International Art Rights Advisors
Freemuse – defending artistic freedom
Index on Censorship
Stichting In den Vreemde
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Guides to the law on free expression and the arts in England and Wales[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1497944459704-76bf1aea-ad61-5″ taxonomies=”7516, 8964″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” content_placement=”middle”][vc_column][vc_single_image image=”91122″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/05/stand-up-for-satire/”][/vc_column][/vc_row]
