Letters from Belarus: Maria Kolesnikova

Reader’s Note: In September 2020, the prominent Belarusian opposition figure Maria Kolesnikova was abducted from Minsk and taken to the border where security forces tried to expel her from the country; she ripped up her passport in defiance. In the days that followed she was charged with incitement to undermine national security and placed in pre-trial detention.

The letter that follows was written by Maria Kalesnkikova to her father on 16 July 2021, the day the Supreme Court rejected her complaint regarding the extension of her detention until 1 August. Her father, Aliaksandr Kalesnikov, had gone to the hearing to support his daughter wearing a T-shirt with Maria’s image on it. He initially refused access to the hearing so he took off the T-shirt, turned it inside out, and put it back on. He was then allowed to enter.

Aliaksandr has repeatedly been refused the right to visit Maria in detention. According to Maria’s sister, Tatsiana Khomich – referred to as “Tania” in the letter, Alexander has been denied permission to see his daughter on every occasion (more than fifteen times) with no explanation. On 4 August, Maria went on trial facing up to 12 years in prison on charges of extremism. The trial was closed to the public, including family members. Maria’s family said it was a relief to see her healthy and cheerful at the trail, albeit on television screens.

Tatsiana said that although Maria is writing a lot, her letters have become increasingly infrequent. Suppression of letters from political prisoners in Belarus is commonplace, denying family members and loved ones the chance to hear vital news. This is done to put pressure on individuals and their families. The letter below is the last communication Maria’s family have received from her. One year since the fraudulent elections in Belarus, Maria’s sister agreed to publicly share this personal letter between Maria and her father.

Letter from Maria Kolesnikova to her father Aliaksandr Kalesnikov:

16 July 2021:

Hi my dearly beloved world’s best dad!

How are you doing in this trying time?

I’m constantly thinking of you, grandpa and all our nearest and dearest – sending my hello’s and lots of hugs to all!

The court hearing took place today so I already know how you had to ‘get changed’ – I bet everybody in the detention centre could hear me laugh! You really think fast on your feet. You see, now nobody can doubt that I’m my father’s daughter – and I’m so proud to be one!

I’m so glad that you are keeping your spirits high and are managing to get through these crazy days with a good sense of humour :)

Keep it up!

Today I received two! Letters from you and two from A.

You wrote that you’re in awe with Tania – I’m also writing this in every letter to her. What she’s doing for me and our whole team is unbelievable and incredible.

Please ask her, as do I, to make sure that she takes good care of herself and makes every effort to find time to rest.

And of course, the joke that your Berlingo [car] is crumbling and ageing faster than you are has also put a smile on my face. And so it should be, Dad, you’ve got no need to crumble!

I’m well, healthy and cheerful!

Sending you and everybody a big-big hug!

Your Masha

May goodness persevere!

Love and hugs

Why journalists need emergency safe havens

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The number of journalists killed while doing their work rose in 2020. It’s no wonder, then, that a team of internationally acclaimed lawyers are advising governments to introduce emergency visas for reporters who have to flee for their lives when work becomes too dangerous.

The High Level Panel of Legal Experts on Media Freedom, a group of lawyers led by Amal Clooney and former president of the UK Supreme Court Lord Neuberger, has called for these visas to be made available quickly. The panel advises a coalition of 47 countries on how to prevent the erosion of media freedom, and how to hold to account those who harm journalists.

At the launch of the panel’s report, Clooney said the current options open to journalists in danger were “almost without exception too lengthy to provide real protection”. She added: “I would describe the bottom line as too few countries offer ‘humanitarian’ visas that could apply to journalists in danger as a result of their work.”

The report that includes these recommendations was written by barrister Can Yeğinsu. It has been formally endorsed by the UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Inter-American Commission on Human Rights special rapporteur for freedom of expression, and the International Bar Association’s Human Rights Institute.

As highlighted by the recent release of an International Federation of Journalists report showing 65 journalists and media workers were killed in 2020 – up 17 from 2019 – and 200 were jailed for their work, the issue is incredibly urgent.

Index has spoken to journalists who know what it is like to work in dangerous situations about why emergency visas are vital, and to the lawyer leading the charge to create them.

Syrian journalist Zaina Erhaim, who has worked for the BBC Arabic Service, has reported on her country’s civil war. She believes part of the problem for journalists forced to flee because of their work is that many immigration systems are not set up to be reactive to those kinds of situations, “because the procedures for visas and immigration is so strict, and so slow and bureaucratic”.

Erhaim, who grew up in Idlib in Syria’s north-west, went on to report from rebel-held areas during the civil war, and she also trained citizen journalists.

The journalist, who won an Index award in 2016, has been threatened with death and harassed online. She moved to Turkey for her own safety and has spoken about not feeling safe to report on Syria at times, even from overseas, because of the threats.

She believes that until emergency visas are available quickly to those in urgent need, things will not change. “Until someone is finally able to act, journalists will either be in hiding, scared, assassinated or already imprisoned,” she said.

“Many journalists don’t even need to emigrate when they’re being targeted or feel threatened. Some just need some peace for three or four months to put their mind together, and think what they’ve been through and decide whether they should come back or find another solution.”

Erhaim, who currently lives in the UK, said it was also important to think about journalists’ families.

Eritrean journalist Abraham Zere is living in exile in the USA after fleeing his country. He feels the visa proposal would offer journalists in challenging political situations some sense of hope. “It’s so very important for local journalists to [be able to] flee their country from repressive regimes.”

Eritrea is regularly labelled the worst country in the world for journalists, taking bottom position in RSF’s World Press Freedom Index 2021, below North Korea. The RSF report highlights that 11 journalists are currently imprisoned in Eritrea without access to lawyers.

Zere said: “Until I left the country, for the last three years I was always prepared to be arrested. As a result of that constant fear, I abandoned writing. But if I were able to secure such a visa, I would have some sense of security.”

Ryan Ho Kilpatrick is a journalist formerly based in Hong Kong who has recently moved to Taiwan. He has worked as an editor for the Hong Kong Free Press, as well as for the South China Morning Post, Time and The Wall Street Journal.

“I wasn’t facing any immediate threats of violence, harassment, that sort of thing, [but] the environment for the journalists in Hong Kong was becoming a lot darker and a lot more dire, and [it was] a lot more difficult to operate there,” he said.

He added that although his need to move wasn’t because of threats, it had illustrated how difficult a relocation like that could be. “I tried applying from Hong Kong. I couldn’t get a visa there. I then had to go halfway around the world to Canada to apply for a completely different visa there to get to Taiwan.”

He feels the panel’s recommendation is much needed. “Obviously, journalists around the world are facing politically motivated harassment or prosecution, or even violence or death. And [with] the framework as it is now, journalists don’t really fit very neatly in it.”

As far as the current situation for journalists in Hong Kong is concerned, he said: “It became a lot more dangerous reporting on protests in Hong Kong. It’s immediate physical threats and facing tear gas, police and street clashes every day. The introduction of the national security law last year has made reporting a lot more difficult. Virtually overnight, sources are reluctant to speak to you, even previously very vocal people, activists and lawyers.”

In the few months since the panel launched its report and recommendations, no country has announced it will lead the way by offering emergency visas, but there are some promising signs from the likes of Canada, Germany and the Netherlands. [The Dutch House of Representatives passed a vote on facilitating the issuance of emergency visas for journalists at the end of June.]

Report author Yeğinsu, who is part of the international legal team representing Rappler journalist Maria Ressa in the Philippines, is positive about the response, and believes that the new US president Joe Biden is giving global leadership on this issue. He said: “It is always the few that need to lead. It’ll be interesting to see who does that.”

However, he pointed out that journalists have become less safe in the months since the report’s publication, with governments introducing laws during the pandemic that are being used aggressively against journalists.

Yeğinsu said the “recommendations are geared to really respond to instances where there’s a safety issue… so where the journalist is just looking for safe refuge”. This could cover a few options, such as a temporary stay or respite before a journalist returns home.

The report puts into context how these emergency visas could be incorporated into immigration systems such as those in the USA, Canada, the EU and the UK, at low cost and without the need for massive changes.

One encouraging sign came when former Canadian attorney-general Irwin Cotler said that “the Canadian government welcomes this report and is acting upon it”, while the UK foreign minister Lord Ahmad said his government “will take this particular report very seriously”. If they do not, the number of journalists killed and jailed while doing their jobs is likely to rise.

[This week, 20 UK media organisations issued an open letter calling for emergency visas for reporters in Afghanistan who have been targeted by the Taliban. Ruchi Kumar recently wrote for Index about the threats against journalists in Afghanistan from the Taliban.] [/vc_column_text][/vc_column][/vc_row]

Why we must not change the channel

[vc_row][vc_column][vc_single_image image=”117177″ img_size=”full” add_caption=”yes”][vc_column_text]There are moments as you’re watching the news when it feels as if the world is becoming an increasingly horrible place, that totalitarianism is winning, and that violence is the acceptable norm. It’s all too easy to feel impotent as the horror becomes normalised and we move on from one devastating news cycle to the next.

This week alone, in the midst of the joy and heartbreak of the Olympics, we have seen the attempted forced removal of the Belarusian sprinter Krystina Timanovskaya from Tokyo by Lukashenko’s regime. Behind the headlines, the impact on her family has been obvious – her husband has fled to Ukraine and will seek asylum with Krystina in Poland and there have been reports that even her grandparents have been visited by KGB agents in Belarus.

This served as a stark reminder, if we needed one, that Lukashenko is an authoritarian dictator who will stop at nothing to retain power. And this is happening today – in Europe. Our own former member of staff Andrei Aliaksandrau and his partner Irina have been detained for 206 days; Andrei faces up to 15 years in prison for treason; his alleged “crime” – to pay the fines of the protestors.

In Afghanistan, reports of Taliban incursions are now a regular feature of every news bulletin, with former translators who supported NATO troops being murdered as soon as they are found and media freedom in Taliban-controlled areas now non-existent. Six journalists have been killed this year, targeted by extremists, and reporters are being forced into hiding to survive. As the Voice of America reported last month: “The day the Taliban entered Balkh district, 20 km west of Mazar e Sharif, the capital of Balkh province last month, local radio station Nawbahar shuttered its doors and most of its journalists went into hiding. Within days the station started broadcasting again, but the programming was different. Rather than the regular line-up, Nawbahar was playing Islamist anthems and shows produced by the Taliban.”

Last Sunday, Myanmar’s military leader, Gen Min Aung Hlaing, declared himself Prime Minister and denounced Aung San Suu Kyi as she faces charges of sedition. Since the military coup in February over 930 have been killed by the regime including 75 children and there seems to be no end in sight as the military continue to clamp down on any democratic activity and journalists and activists are forced to flee.

At the beginning of this week Steve Vines, a veteran journalist who had plied his trade in Hong Kong since 1987, fled after warnings that pro-Beijing forces were coming for him. The following day celebrated artist Kacey Wong left Hong Kong for Taiwan after his name appeared in a state-owned newspaper – which Wong viewed as a ‘wanted list’ by the CCP. Over a year since the introduction of the National Security Law in Hong Kong the ramifications are still being felt as dissent is crushed and people arrested for previously democratic acts, including Anthony Wong, a musician who was arrested this week for singing at an election rally in 2018.  Dissent must be punished even if it was three years ago.

And then there is Kashmir…  On 5 August 2019, Narendra Modi’s government stripped Jammu and Kashmir of its special status for limited autonomy. Since that time residents inside Kashmir have lived under various levels of restrictions. Over 1,000 people are still believed to be in prison, detained since the initial lockdown began, including children. Reportedly 19 civilians have died so far this year caught in clashes between the Indian Army and militants. And on the ground journalists are struggling to report as access to communications fluctuates.

Violence and silence are the recurring themes.

Belarus, Afghanistan, Myanmar, Hong Kong, Kashmir. These are just five places I have chosen to highlight this week. Appallingly, I could have chosen any of more than a dozen.

It would be easy to try and avoid these acts of violence. To turn off the news, to move onto the next article in the paper and push these awful events to the back of our mind. But we have a responsibility to know. To speak up. To stand with the oppressed.

Behind every story, every statistic, there is a person, a family, a friend, who is scared, who is grieving and in so many cases are inspiring us daily as they stand firm against the regimes that seek to silence them. Index stands with them and as ever we shine a spotlight on their stories – so that we can all bear witness.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”41669″][/vc_column][/vc_row]

Belarusian Association of Journalists: facing closure but not extinction

[vc_row][vc_column][vc_single_image image=”117172″ img_size=”full”][vc_column_text]In the months since the disputed re-election of Belarusian president Alexander Lukashenko, the freedom of the press in Belarus has come under increasing attack.

The country’s journalism union, the Belarusian Association of Journalists (Baj.by), has documented more than 500 detentions, hundreds of arrests and fines, and dozens of criminal cases and prison sentences directed against reporters, editors and media managers, including our former colleague Andrei Aliaksandrau.

Almost every independent news and socio-political outlet from the local to the national level has experienced police pressure, searches and confiscations of their professional equipment. Many have been forced to stop publishing or to flee the country in order to work from exile.

In July 2021, the state launched a new wave of repression against independent media outlets and organisations.

Over ten days, security forces carried out more than 70 searches of editorial offices and private homes of employees of national and regional media. As a result, dozens more journalists, editors and media managers joined their colleagues already in custody.

Now BAJ itself is in Lukashenko’s sights.

BAJ is a voluntary, nongovernmental, nonpartisan association that includes more than 1,300 media professionals from across the country. It assists members in realising and developing their professional journalistic activities. Throughout its 25 years of existence, BAJ has also been a leader in promoting freedom of expression and defending media rights.

The organisation has been internationally recognised for its work. In 2004, the European Parliament awarded BAJ with the Sakharov Prize for Freedom of Thought, the EU’s highest human rights tribute. In 2011, it received the Atlantic Council’s Freedom Award. In 2020, the organisation was the first recipient of the Canada-UK Media Freedom Award, which recognises individuals and organisations advocating for media freedom.

Over the past year, BAJ has focused on defending and assisting its members whose professional and human rights have been violated by the state’s searches, detentions, beatings, legal and criminal persecution, arrests and prison terms. So it is not surprising that the authorities have launched a repressive campaign targeting BAJ itself.

In June, BAJ was forced to hand over thousands of documents about its activities.

The following month, authorities conducted another search of the office even without the presence of the association’s representatives. It is unknown in respect of which criminal case it was searched nor what was taken from there. They have also sealed the office, meaning employees cannot work there anymore and there is no access to statutory documents.

Now the country’s Supreme Court issued an order for the organisation to be liquidated. This is the same situation which almost 50 other public organisations of Belarus have faced, which have been of benefit for decades to Belarusian society, journalism, the writing community and many other areas.

BAJ’s closure – if the courts agree to the liquidation – will cause serious damage to the Belarusian journalistic community.

Firstly, there will be no legal organisation left in the country that can protect the rights of journalists.

Secondly, the association’s educational hub for journalists will disappear, and many BAJ educational programmes will have to be closed.

Finally, the only legal and recognised institution of journalistic ethical self-government will be destroyed – the BAJ Ethics Commission. In recent years, this was the only body in Belarus that effectively considered issues related to ethics in the media.

Yet even if BAJ is forced to close, it will not disappear.

The support of the international community for BAJ is strong. Journalists and numerous human rights organisations around the world have offered their support to BAJ and its members at this difficult time. BAJ also has outstanding support from the International and European Federation of Journalists, who oppose the liquidation, and have said that if it is closed, the association will remain a member of their organisations.

If the liquidation of the BAJ legal entity is confirmed, the headquarters will make a final decision on how it will work in the future. If it is impossible to continue in Belarus, BAJ will consider working abroad.

BAJ continues the fight. It has already appealed the Ministry of Justice’s liquidation order and the court will consider this on the morning of 11 August.

However, the justice system no longer works properly any more in Belarus. In any other democratic country, the court’s decision would be in favour of the BAJ.

The most important thing, according to BAJ chairman Andrei Bastunec, is that the organisation will continue its work.

“BAJ is not only a legal entity, but an association of like-minded people who see their mission as expanding the space of freedom of speech in Belarus,” he said.

Bastunec says the official registration of the organisation provided, by and large, one advantage: it simplified communication with government agencies. But when the authorities announced its ‘sweep’, advance communication was reduced to zero.

“As strange as it may sound, the deprivation of the BAJ’s legal status by the court will have almost no effect on Belarusian journalism and journalists. Many of them have been forced to go abroad, but continue to work there successfully. The BAJ will continue its work regardless of the court verdict,” he said.

Despite the threat to its existence in Belarus, active members of BAJ are defiant. Many say they will continue working in Belarus as long as possible until the authorities force them to leave the country.

“There is an administrative, bureaucratic reality from which the BAJ can be erased, but there is also a life where the organisation will continue to carry out its mission. The biggest threat to Belarusian journalism is not the deprivation of BAJ registration, but the wave of repression.”

Bastunec says the BAJ team welcomes the solidarity offered by those in the country and abroad.

“It must be understood that the Belarusian authorities today have entered into a fierce confrontation with the ‘collective West’, as they now call the democratic world.”

Yet even if forced to work outside Belarus, BAJ and its members may not be safe. The recent suspicious death of Vitaly Shishov in Ukraine and the attempt to force Belarusian athlete Krystina Timanovskaya to return home after speaking out against her coaches at the Olympics show that Lukahsenko’s tentacles have a very long reach.

Chronology of the repressive campaign against BAJ

9 June The Ministry of Justice launches a major audit of BAJ’s activities.

21 June BAJ receives an official request requiring the organisation to provide thousands of administrative and financial documents on its activities, including lists of its members, covering the last three years. The documents were demanded the same day but the Ministry of Justice later extended the deadline to 1 July. Despite the short time frame, BAJ submitted all the requested documents, with the exception of those seized from the BAJ office during a search by security forces in February 2021.

14 July In the absence of BAJ representatives, security forces raided, searched and sealed BAJ’s office.

15 July BAJ receives an official warning from the Ministry of Justice on the grounds that its regional branches in Brest and Maladzechna had allegedly carried out their activities without having legal addresses. However, this is not true. Nevertheless, the Ministry of Justice considered the failure of BAJ to submit all of the required audit documents, as well as the absence of legal addresses of the regional branches, to be a violation of the country’s legislation and BAJ’s charter. The Ministry demanded that the alleged violations be rectified by the next day.

16 July BAJ informs the Ministry of Justice that the organisation’s office had been sealed by the state and that its representatives had no access to its documents. BAJ therefore requested more time to fulfill the Ministry’s demands after gaining access to its premises.

21 July The Ministry of Justice reports via its social networks that it had already submitted a claim for the liquidation of BAJ to the Supreme Court, allegedly due to the organisation’s failure to rectify the violations and the official warning for repeated violations of the law.

9 August Conversation of the parties in the civil case brought by the Supreme Court on the BAJ appeal against the written warning issued by the Ministry of Justice on 15 July.

11 August Supreme Court will hear the liquidation order against BAJ.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”172″][/vc_column][/vc_row]

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