24 Jul 2019 | Campaigns -- Featured, Statements, Turkey, Turkey Statements
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Osman Kavala. Credit: Anadolu Kültür
We, the undersigned human rights and freedom of expression organisations, condemn the interim judicial decision taken in the second hearing of the Gezi Park trial. The indictment accuses 16 civil society figures and arts practitioners in Turkey of having planned to “attempt to overthrow the government” and of having financed the peaceful Gezi Park protests. If found guilty, they face a sentence of life imprisonment without parole.
We share the view that “the trial is in itself an act of intimidation”, having been opened 6 years after the Gezi protests took place in 2013. We are extremely concerned that this trial may once again contribute to creating a chilling effect on the fulfillment of the rights to freedom of assembly and expression and the legitimate right to protest as enshrined in the Turkish Constitution. We call for a concerted response by the European Union and Europe Member States to put urgent, consistent and collective pressure upon the Government of Turkey to restore the rule of law and the independence of the judiciary in Turkey.
On 18 July 2019, the judicial panel decided to reject the requests of defence lawyers for the release of Osman Kavala from 21 months of pre-trial detention and for the lifting of judicial control measures, including the travel ban, on the other defendants. Sarah Clarke, ARTICLE 19’s Head of Europe and Central Asia, said: “This decision represents a disturbingly clear example of the continuous absence of the rule of law and lack of independence of the judiciary in Turkey.” The indictment itself shows the total lack of tangible evidence for these allegations.
We strongly object the continuing pre-trial detention of Osman Kavala, who has now been in a maximum-security prison for 631 days. Kavala said in his defence statement, “I was never asked to make any statements during my time in detention or in custody with the police in relation to the allegations against me. I was not questioned by the prosecutor at any time after I was arrested. The indictment was prepared 16 months after I was arrested and this too indicates that there was no evidence to hand.”
Grounds for Kavala’s arrest are insufficiently supported in the indictment, raising serious concerns relating to the proportionality and legitimacy of his arrest. The lengthy pre-trial detention, which started 4 years after the Gezi Park protests took place, is unwarranted and disproportionate as a legal precaution against the defendant’s absconding or posing a ‘threat to society’. The excessive length of Kavala’s pre-trial detention of 21 months, his rights to presumption of innocence, to humane treatment, to the right to a fair trial and to liberty and security have all been violated in the most unnacceptable manner.
The 16 individuals named in the ruling are: Osman Kavala, Meltem Arikan (pictured), Memet Ali Alabora, Pinar Ogun, Can Dündar, Mücella Yapıcı, Tayfun Kahraman, Hakan Altınay, Gökçe Yılmaz, Can Atalay, Çiğdem Mater Utku, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekçi, Mine Özerden, Yiğit Aksakoğlu, Yiğit Ali Ekmekçi. (Photo: Wikipedia)
During the second hearing, defence lawyers argued that the evidence collected between May and November 2013 in relation to the Gezi protests was “re-evaluated”. In an earlier case drawing on some of the same evidence, an Istanbul court in 2015 acquitted all 26 defendants (including two of the defendants in the current Gezi Park case, (Mücella Yapıcı and Tayfun Kahraman). In the current case, the court has failed to take into consideration that 2015 judgement.
Furthermore, the defence demonstrated the inappropriateness of the charges under Article 312 of the Turkish Criminal Code which clearly includes the reference to an “act of force or violence” in the definition of the offence. The 2013 Gezi Park protests represented a peaceful and non-violent movement. The actual excessive use of force was that used by the police against civilians including the extensive use of teargas against the crowds. The indictment, as the defence lawyers proved time and again, contains no reference to an armed organisation (as per Article 314 of the Turkish Criminal Code), which further questions the basis of the accusations.
Norwegian PEN President, Kjersti Løken Stavrum said, “We will continue to monitor this trial and to advocate for all charges to be dropped against the 16 defendants. The fact that the 657-page indictment, bereft of concrete evidence, was accepted by the judicial panel is sadly, once more a clear indication of the poor state of the rule of law in Turkey.”
The next hearing of the Gezi Park trial will take place in Silivri on 8-9 October 2019, when other defendants will be heard and plaintiffs’ requests will be evaluated by the court.
ARTICLE 19
Articolo 21
Danish PEN
ECPMF (European Centre for Press and Media Freedom)
English PEN
Front Line Defenders
Index on Censorship
Norwegian PEN
OBC Transeuropa
PEN America
PEN Flanders
PEN International
PEN Netherlands
PEN Suisse Romand
PEN Turkey
RSF (Reporters Without Borders)
SEEMO (South East Europe Media Organisation)
Swedish PEN
Swiss Italian and Reto-Romanch PEN Centre
Wales PEN Cymru[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1563959006215-1e666f90-a594-0″ taxonomies=”55″][/vc_column][/vc_row]
23 Jul 2019 | Events
[vc_row][vc_column][vc_single_image image=”108169″ img_size=”full”][vc_column_text]Above: Tehran: City of Love © Here and There Productions[/vc_column_text][vc_column_text]This public symposium will reflect on the paradox of creative constraints in contemporary cinema from the Middle East – a day of film screenings and panel discussions with filmmakers, funders and programmers, including some of the most innovative rising talents as well as established experts.
Freedom of expression is often understood solely through the lens of state censorship. This symposium, however, starts from the premise that social, economic and other constraints shape any film from the outset, rather than only coming at the end of the process in the form of intervention by the state or other parties. It seeks to explore the different kinds of limitations on freedom of cinematic expression, from funding through to problems on set, lack of local distribution and travel restrictions, as well as the complex negotiation between constraints and political and creative impulses behind the films. It will deal with questions such as what types of constraints do filmmakers face when they make and distribute films in the region? To what extent are these constraints either productive or harmful? How do the creative strategies used by filmmakers evolve in response to the constraints?
The symposium will offer new insights into filmmaking from the region, revitalising debates on cinematic creativity in sites of conflict and crisis in the Middle East and beyond.
Confirmed speakers include:
Mounia Akl, Film Director, Submarine (Lebanon, US, 2016)
Naziha Arebi, Film Director, Freedom Fields (UK, Libya, 2018)
Shirin Barghnavard, Film Director, Profession: Documentarist (Iran, 2014)
Fay Breeman, Manager, Hubert Bals Fund of the International Film Festival Rotterdam
Tamer El Said, Film Director and Co-Founder, Cimatheque, Cairo
Julia Farrington, Associate Arts Producer, Index on Censorship
Yael Friedman, Documentary Filmmaker and film scholar
Malu Halasa, Writer and Editor
Ali Jaberansari, Film Director, Tehran: City of Love (Iran, UK, Netherlands, 2018)
Basil Khalil, Film Director, Ave Maria (Palestine, France, Germany, 2015)
Rima Mismar, Executive Director, Arab Fund for Arts and Culture
Persheng Sadegh-Vaziri, Documentary Filmmaker and Film Scholar
Naghmeh Samini, Screenwriter
Elhum Shakerifar, BAFTA-nominated film producer, MENA programme advisor for the BFI London Film Festival and Film Curator for Shubbak, festival of contemporary Arab culture
Full schedule available here.[/vc_column_text][vc_column_text]
When: Saturday 7 September 2019 10:00 am
Where: The Mosaic Rooms, Tower House, 226 Cromwell Road, London SW5 0SW
Tickets: £5.00 – £6.50 via Mosaic Rooms (includes lunch/refreshments)
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The paradox of creative constraints resource pack
Symposium organiser Shohini Chaudhuri has put together a reading list of articles dealing with constraints in Middle Eastern cinema from the Index on Censorship magazine archive.
- An undelivered love letter: Kite Runner star Khalid Abdalla talks about how his film In the Last Days of the City can’t be screened in the city where it is set, Cairo
- Make art not war: Yemeni artists are painting the streets of bombed out cities with their protests
- Return of Iraq’s silver screen: Iraq’s film industry is reviving after decades of conflict. Can it help the nation rebuild?
- Mission Unaccomplished
- New Times, Same Problems
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Presented in partnership with:[/vc_column_text][vc_row_inner][vc_column_inner width=”1/3″][vc_single_image image=”108172″ img_size=”full” onclick=”custom_link” link=”https://mosaicrooms.org/”][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]
23 Jul 2019 | Media Freedom, Monitoring and Advocating Coverage, News and features, Ukraine
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The majority of violations in Ukraine catalogued by Index on Censorship’s Monitoring and Advocating for Media Freedom project from 1 February to 30 June 2019 were categorised as physical assaults, attacks to property or blocked access. Most frequently, these actions were taken by agents of the state — whether law enforcement or other governmental structures.
The Monitoring and Advocacy for Media Freedom project has recorded 16 incidents in which journalists have been subjected to physical assaults, and 17 incidents in which journalists has their equipment and property damaged since February 2019, 4 of which are in both categories. The project’s numbers are corroborated by the National Union of Ukrainian Journalists (NSJU), which recorded 36 incidents targeting journalists since 1 January 2019, including physical assaults and attacks on property, as part of their Index of Physical Safety of Ukrainian Journalists.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Index on Censorship’s Monitoring and Advocating for Media Freedom project documents, analyses, and publicises threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine, in order to identify possible opportunities for advancing media freedom in these countries. These limitations, threats and violations, affect journalists as they do their jobs, so the project’s staff advocate for greater press freedom in these countries and raise international awareness.
The project builds on Index on Censorship’s 4.5 years monitoring media freedom in 43 European countries, as part of Mapping Media Freedom platform.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Vadim Komarov murdered” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]The 20 June death of journalist and blogger Vadim Komarov is a severe and frightening example of the violence that Ukrainian journalists encounter in their work. Komarov was attacked with a hammer in the centre of Cherkasy on 4 May. His is the first recorded death of a journalist in Ukraine since the murder of Pavel Sheremet, whose car was blown up in 2016.
Komarov was struck in the head several times by an unidentified individual, in broad daylight, near the town’s busy central market. The assailant then fled. Komarov was found unconscious and bloodied by passers by, who called emergency services. According to the doctors who treated him, Komarov had suffered a grievous open head injury, and slipped into a coma shortly after surgery. He never regained consciousness.
Sergey Tomilenko wrote on Facebook that Komarov’s family and colleagues “don’t feel like there’s (the) necessary attention to this case.” The cause of the murder, said Tomilenko, was Komarov’s journalistic work. “The murder of Vadim Komarov is a crime against all journalists in general,” he wrote. Tomilenko called for solidarity among journalists, because “this topic is important for the survival of a journalist as a profession in Ukraine.”
The police were investigating Komarov’s attack as an “assassination attempt” prior to his death.
Komarov was known for his investigations of corruption among Cherkasy city authorities and the region’s prison system. The journalist had been assaulted in the past: on 7 September 2016, an unknown gunman shot at Komarov in Cherkasy, but the bullet missed him and hit a wall.
The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his deep sorrow following Komarov’s death. “I am deeply shocked by the death of Vadim Komarov, who was brutally attacked last month in Cherkasy and suffered from serious head injuries,” Désir said. “I reiterate my call to the Ukrainian authorities to complete the investigation in a vigorous and swift manner. It is regrettable that about one-and-a-half months after the attack, law enforcement has not yet identified the perpetrators nor reported any progress on the investigation. Violence and attacks against journalists are unacceptable and must stop. Impunity would be a victory for those who wanted to silence Komarov and to intimidate the press. All OSCE participating states should take effective and resolute actions to prevent and end impunity for such crimes.” [/vc_column_text][vc_custom_heading text=”Aliya Zamchynska” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 20 June, Aliya Zamchynska, a correspondent for online news outlet Dumskaya, was assaulted and threatened by Yury Reznikov, Dumskaya.net reported. Reznikov is the owner of a cable car next Otrada beach in Odessa.
According to Ukrayinska Pravda, local deputies, civil activists and journalists gathered at Otrada beach to remove an illegal fence restricting public access to the beach. The video recorded by Dumskaya shows Reznikov confronting the group armed with a machine gun and threatening them. “I’m not ready to kill for private property, but I’m ready to shoot [you] in the legs,” Reznikov told them. During the episode Reznikov pushed Zamchynska, who fell to the ground and was injured as a result.
Deputy Olexander Sheremet managed to disarm Reznikov, and the police were called to the scene. They discovered that the gun had been loaded.
This is not the first time that Reznikov and his family attacked journalists and activists. In 2012, his daughter assaulted activist Zoya Melnik in front of her child. In 2014, Reznikov pushed a cameraman for Pervyi Gorodskoi TV channel into a swimming pool with his camera. [/vc_column_text][vc_custom_heading text=”Maria Gural and Volodymyr Tsyganov” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 13 June, two reporters from online news site Stop Corruption, Maria Gural and Volodymyr Tsyganov, were assaulted in Priluki, Chernihiv region. The attacker was identified as Olexander Chaly. Chaly is deputy head of politician Boris Prikhodko’s election campaign for Ukrainian Verkhovna Rada, the Institute of Mass Information reported.
According to Stop Corruption, the journalists were trying to access an open event where Prikhodko was meeting with members of the public. The crew were investigating alleged voter bribery and wanted to question the politician.
Olexander Chaly first tried to snatch a microphone from Gural, and then began to assault her. Tsyganov tried to protect Gural and was assaulted as well. As a result of the beating, Gural received a concussion, and Tsyganov ended up with scratches and light injuries. The police arrested Chaly and charged him with “threat or violence against a journalist.” [/vc_column_text][vc_custom_heading text=”Vadym Makaryuk” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]
On 7 June, Vadym Makaryuk was physically assaulted during a mass brawl at Barabashovo market in Kharkiv by unknown individuals, Channel 24 reported. Makatyuk is a TV operator for Channel 24 and Visti.News,
A group of unidentified people assaulted the cameraperson as he filmed the altercation at the market. They sprayed tear gas in his eyes, smashed his face, broke his camera and took away his memory card. The clash was between the right-wing National Corps (who are Donbass war veterans) and the merchants of Barabashovo. According to the market administration, their conflict was due to a property dispute.
The journalist was taken to an intensive care unit in a local hospital, where doctors diagnosed a hemorrhagic stroke as a result of a cerebral haemorrhage sustained after the beating.
The police opened a criminal investigation into whether the incident constituted “threats or violence against a journalist”, “obstruction of journalists’ legal activities”, and “robbery”. A court in Kharkiv refused to detain a man involved in the brutal beating, saying that round-the-clock house arrest was sufficient punishment, Interfax-Ukraine reported. The court also sentenced Kozlyuk, a 26-year-old unemployed Kharkiv resident involved in the assault, to one month and 28 days under house arrest. Immediately after the hearing, the suspect’s lawyer said that he would appeal the decision. The prosecutor’s office also announced their intention to appeal.[/vc_column_text][vc_custom_heading text=”Natalia Polishchuk, Maria Petruchyk and Vyacheslav Moroshko” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 9 May, customs officers at the Yagodyn border crossing with Poland assaulted Natalia Polishchuk, Maria Petruchyk and Vyacheslav Moroshko, journalists working for Avers TV.
The three journalists were investigating a large shipment of amber, which was alleged to have been smuggled to Poland through the Yagodyn customs station. The reporting crew entered a restaurant where customs agents were attending a party and began asking questions about corruption and the amber smuggling. According to Avers, the officers who were present behaved aggressively and assaulted the journalists. They bruised one journalist’s finger and broke the crew’s camera, 1+1 TV channel reported.
“Two men approached me, they started tugging at me, tore my jacket, hit the cameraperson, hit the camera,” Polishchuk said. Petruchyk reported, “He (my attacker) wrestled my phone out of my hand, used brute force, my hand is damaged, he tore my journalist’s ID off me.” The officers also forcibly took the journalists’ driver’s licenses, car documents and bank cards. A customs officer told one of the journalists he would “bury her”. The journalists managed to film a part of the incident.
The police have opened criminal proceedings on three articles. “It’s about interfering with the professional activities of journalists, robbery and causing intentional light bodily injuries,” Viktor Homol, spokesperson for the National Police in the Volyn region, said. The case is now being investigated by the State Bureau of Investigations.[/vc_column_text][vc_custom_heading text=”Kateryna Kaplyuk and Borys Trotsenko” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]On 6 March, journalist Kateryna Kaplyuk and cameraperson Borys Trotsenko from the investigative TV project Schemes were assaulted in Chabany, a suburb of Kyiv. Schemes’s editor Natalie Sedletska reported the assault on her Facebook page. Sedletska wrote that the journalists had gone to Chabany village council to get information for an investigation on the illegal transfer of public land to private ownership.
The pair were filming at the council’s office, trying to interview the council secretary, when they were assaulted. Their attackers were two deputies of Chabany’s village head, Volodimir Chuprina and Yuri Bondar, as well as Valery Prisyazhny, the head of the public organisation Rozvitok Kyevshiny. In their attempt to prevent journalists from filming, these men injured Trotsenko and broke his camera.
Kaplyuk and Trotsenko called an ambulance. After a medical check-up at a hospital, Trotsenko was diagnosed with a concussion. The journalists filed a complaint with the police, who launched a criminal investigation. [/vc_column_text][vc_custom_heading text=”Lack of “political will“ puts journalists at risk” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Despite the existence of legislation that aims to protect journalists, the NSJU said that Ukraine is notorious for impunity when crimes against journalists are committed.
Speaking at a conference held by the International Federation of Journalists in October 2018, Sergey Tomilenko, the head of NSJU, said that crimes against journalists had become the norm in Ukraine. He said that every four days there were acts of violence against journalists in the country, from brutal beatings to broken equipment.
In 2017-2018 NSJU recorded 175 physical violations against journalists in Ukraine, including minor acts of aggression and destruction of property.
Artyom Shevchenko, the spokesperson for the Ukrainian Ministry of Interior, reported on 1 March that in 2018, the police opened 258 criminal investigations on interfering with journalistic activity. In January 2019 alone, there were an additional 21 investigations. At the same time, however, only 26 out of the 258 cases related to crimes against media workers were passed on to the court.
“The lack of political will of the country’s leadership to really protect media workers leads to the fact that the attacks are not properly investigated, and those cases which still reach the court do not end with heavy punishment for the attackers”, head of NSJU Sergey Tomilenko told Index on Censorship’s project Monitoring and Advocating for Media Freedom. “Until recently, journalists, particularly investigative journalists, were viewed by officials as threats, and not as an important element of protecting democracy in the country.” Until recently, there has also been a political culture that legitimised humiliating journalists and the media, he added.
Tomilenko said that the NSJU has noticed that ordinary Ukrainians now feel emboldened to physically assault journalists. This is likely due to the toxic attitude toward the press created by government officials, he says. “Over the past year, we have witnessed an active uprising by the authorities–primarily representatives of the President, Petro Poroshenko, and parliamentarians of the political forces close to him–deliberate hostility towards certain journalists and the media, and calls to attack the so-called ‘pro-Russian’ media. This has resulted in the blocking of individual TV channels, the physical attacks on journalists during live broadcasts, parliamentary appeals to stop the broadcasting of individual media, and attempts to adopt draconian laws against the media.”
Tomilenko said that he was hopeful that the hostility toward journalists would abate in the future. “The victory of the new President, Volodymyr Zelensky, who does not use the rhetoric of hostility towards journalists and declares his support of freedom of speech and real political competition in the country, gives (me) hope that the Ukrainian authorities will not be at the forefront of those who reject the rights of journalists and the media.”
The National Union of Journalists of Ukraine has been calling for regular and transparent public reports by law enforcement agencies on the progress of investigations of crimes against journalists. Such reports could be used as a key tool in battling impunity. In addition, the NSJU is recommending special parliamentary hearings on journalists’ physical security and freedom of speech.
“This initiative, which we proposed in July 2017 on the 1st anniversary of the assassination of Pavel Sheremet, is particularly relevant today — when a new murder took place in Ukraine — that of regional journalist Vadim Komarov”, Tomilenko said.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Press Freedom Violations in Ukraine” font_container=”tag:h2|text_align:center” use_theme_fonts=”yes”][vc_column_text]
Number and types of incidents recorded between 1 February and 30 June 2019
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1
Death/Killing
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16
Physical Assault/Injury
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2
Arrest/Detention/Interrogation
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2
Criminal Charges/Fines/Sentences
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6
Intimidation
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
8
Blocked Access
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17
Attack to Property
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2
Subpoena/Court Order/Lawsuits
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
1
Legal Measures/Legislation
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]
1
Offine Harassment
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1
Online Harassment
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
1
DDoS/Hacking/Doxing
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0
Censorship
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42
Total
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Source of the incidents recorded between 1 February and 30 June 2019
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0
Employer/Publisher/Colleague(s)
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7
Police/State Security
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
2
Private Security
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]
3
Court/Judicial
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
10
Government official(s)/State Agency/Political Party
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
0
Corporation
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner css=”.vc_custom_1558428186205{background-color: #f4f4f4 !important;}”][vc_column_inner width=”1/3″][vc_column_text]
11
Known private individual(s)
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]
0
Another Media Outlet
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0
Criminal Organisation
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]
14
Unknown
[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”Monitoring and Advocating for Media Freedom” full_width_heading=”true” category_id=”35195″][/vc_column][/vc_row]
