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Journalist Slavko Curuvija, murdered in Belgrade in 1999 (Photo: Predrag Mitic)
As NATO bombs were falling on the Serbian capital Belgrade on 11 April 1999 , a man was being executed on a side street in the centre of the city. The victim was later identified as Slavko Curuvija, a prominent Serbian anti-regime journalist. A post mortem found that Curuvija had been shot in the back 17 times. Five days earlier the state-run daily Politika Ekspres had published an article calling Curuvija a traitor and a NATO supporter.
Fast forward to 1 June 2015: the trial of four former security officers begins before a special court in Belgrade. It took 16 years for anyone to stand trial over what had become a notorious case of intimidation of journalists in Serbia.
Much of the credit for pursuing a cause by many considered lost can go to veteran journalist Veran Matic, the editor-in-chief of media group B92.
Several Serbian governments had shown no signs that they were willing to solve Curuvija’s case; the same goes for many other war-time murders. For years, Matic and his fellow journalists would mark the anniversary of Curuvija’s death by laying flowers at Svetogorska Street, where he lived and died, and by raising awareness in the media and with the government. It was not enough.
In 2013, Matic was fed up with waiting for answers about the murders of his colleagues. He proposed to form a special body to investigate the killings of Curuvija and two other journalists. Prime Minister Aleksandar Vucic — then deputy prime minister — gave Matic permission to form the Commission for Investigating Killings of Journalists in Serbia. It was an unexpected move. As Curuvija was being executed on a Belgrade side street, Vucic was minister of information in President Slobodan Milosevic’s government.
“Some criticised the establishment of the commission for giving an opportunity to Vucic to clear his past,” says Matic, referring to the unease many journalists felt towards Vucic, who was highly critical towards independent media during the nineties.
“Marking every year the anniversary of the killing, visiting the place of assault, criticising the state again and again for failing to resolve those crimes became very humiliating for me,” Matic said. “In this way, I have been given another instrument through which I could do something in practice.”
It was clear that Matic needed the government’s cooperation if he wanted the murders to be solved. “I wanted to get hold of every single document and, in order to do this, we needed a commission that would be supported by the government,” he said. But Matic managed to ensure the body was made up of three representatives of the independent media, three members of the ministry of internal affairs and three representatives of the security information agency. With Matic himself serving as the commission’s chairman, journalists will always be in the majority.
Progress and challenges
(Photo: Predrag Mitic)
The commission is focusing on three big murder cases from the recent past. The work around Curuvija’s case has been the most successful until now, with four people charged. Trials for former Chief of State Security Rade Markovic and the two ex-secret service officers Ratko Romic and Milan Radonjic began 1 June. The fourth accused is Miroslav Kurak, also a former state security member and the man who is believed to have pulled the trigger on Curuvija. He is being tried in absentia, as he is still at large, an Interpol warrant issued for his arrest. There are clues that Kurak is living in Central or South Africa where he owns a hunting safari agency.
The Dada Vujasinovic case is perhaps the most difficult, as the murder took place over two decades ago. Vujasinovic was a reporter for the news magazine Duga and wrote about Zeljko Raznatovic, also known as Arkan. She was found dead in her apartment in 1994. The police ruled it a suicide, but most evidence disputes this. When the commission started working on the case, there were doubts about the forensic research done in Serbia at the time. “I decided that the first step would be to seek expertise outside of the country, as the trust in domestic institutions had been compromised,” said Matic. “We asked the Dutch National Forensic Institute based in The Hague, who offered to perform the forensic examinations for 35,000 euro. We are now raising funds for this, given that the prosecutor’s office has no budget for these services.”
The third case is that of Milan Pantic, who was murdered in June 2001 while entering his apartment building in the central Serbian town of Jagodina. Attackers broke his neck, and was also struck on the head with a sharp object. Pantic worked for the newspaper Vecernje Novosti, where he reported on criminal affairs and corruption in local companies. Prior to the killing, he had received numerous telephone threats in response to articles he had written. It’s not an easy task to investigate. “We know that one of the suspects is living in Germany under a different name,” explained Matic. “But we didn’t get permission to conduct an interview with him.”
The commission is also looking into the deaths of 16 media staffers from RTS — Serbia’s state broadcaster — who were killed during a NATO airstrike targeting its headquarters in 1999. “This is a very complex issue,” said Matic. “The executioner is certainly a pilot of one of the NATO member countries. The people who decided to put a media company on the list of war targets should face trial, as well as those who issued the order to launch missiles and kill the media workers. And also the people responsible in Serbia, who knew the building would be bombed and did not evacuate it.” NATO is refusing to cooperate in this case.
Unique commission
It is of great importance, Matic believes, that these cold cases will be solved. “Unpunished crimes, especially this committed by state institutions, only call for new violence, threats and endangerment of the safety of journalists. It leaves deep scars in the lives of journalists in this country and it contributes to censorship and fear.”
A commission like this is unique in the world; a government body controlled by independent media representatives. And its first success, the arrests in the Curuvija murder case, was surprising to many who’d lost faith in the justice system in Serbia. “This commission was not established by politicians. On the contrary, they accepted all my requests and ideas,” said Matic. “This is quite an atypical commission that works on making results, and none of its members have any political or other motives, but solely finding the killers and masterminds that hide behind the killings, and bringing them to justice.”
Jailing the head of Serbia’s secret service during the nineties, a dark period for both the country and its internal security apparatus, has come with a high price. Matic now lives under 24/7 police protection and he can’t travel anywhere without a police escort. “Some names have again been brought to light, along with their disgraceful role [in the killings]. Some are threatened with arrest, while some of them have been arrested already,” he said of the ongoing investigation.
Matic receives threats often, mostly via email, some of them to his life. But he has gotten used to having police officers in front of his door at all times because, he said, the truth is worth the compromise.
“This is the price we have to pay in order to resolve those crimes,” he said. “It will contribute to the catharsis of our society.”
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/
An earlier version of this article stated that Aleksandar Vucic was interior minister when the commission was set up. This has been corrected.
Index on Censorship is one of 21 members of the Arts Rights Justice network who have signed the following statement:
Two representations of a theatre performance entitled “b7al b7al”, 4 and 5 July 2015 in Tangiers, Morocco have been forbidden again following a similar incident in Rabat on 13 June. Although the organisers had fully respected all administrative procedures, they were informed on 4 July (15 minutes before the performance after all technical installations had been prepared and the actors were ready), that the performance couldn’t take place. The second representation the following day was also forbidden.
This ban takes place at a time when the migrant communities of the city of Tangiers are living violent, racist events that represent a complete denial of basic human rights and values.
The performance b7al b7al relieves tension and strengthens dialogue regarding migration between Morocco and Sub-Saharian Africa. It is regrettable that such a performance be forbidden. It offers a place for migrants from Sub-Saharian regions to express themselves, and to make the public aware of the problems they face. It also helps prevent stereotypes and prejudices linked to racism.
The public space should be accessible to cultural actors, artists and organisations representing civil society and should be free of constraints. It is here that art gets closer to citizens, allowing for debates to take place openly on highly relevant issues for society.
Public authorities’ role is to facilitate access and insure security of artists and citizens, respecting the freedom of artistic expression guaranteed by the Moroccan Constitution.
B7al b7al is part of Mix City, a project of Association Racines, in partnership with Theatre of the Oppressed in Casablanca and Minority Globe, also in collaboration with the association Visa Without Frontiers,Tangiers. Mix City is part of “Diversity, Drama and Development” co-funded by the European Commission in the framework of Medculture, also supported by the Prince Claus Fund for Culture and Development, the Swedish Foundation and the Heinrich Böll Foundation. It was set up by Minority Rights Group International, Civic Forum Institute and Andalus Institute.
It should have been a happy day for Leyla and Arif Yunus. On 15 July, the couple — together for 37 years — saw each other for the first time in 11 months. The circumstances of their reunion, however, put a damper on what would otherwise have been a joyous occasion: it took place inside a glass cage, in a cramped courtroom in Baku, Azerbaijan. The human rights activists are on trial, on charges widely recognised to be politically motivated.
Initially scheduled for 13 July, but pushed back for unknown reasons, the Yunus’s pre-trial hearing came almost a year after they were first detained within days of each other in July and August of 2014. Leyla, director of the Peace and Democracy Institute, and Arif, a historian and researcher, have since been accused of an array of crimes, ranging from tax evasion and illegal business activities, to treason.
In the courtroom some 30 places were allocated to members of the public, who were stripped of their phones at the start of proceedings. Representatives from the German and EU embassies, as well as local journalists and NGOs were in attendance, according to Kati Piri, a Dutch member of the European Parliament who travelled to Baku for the trial. She estimated that more than half of the the crowd that had shown up, including other embassy delegations, did not manage to get into the room.
Piri told Index on Censorship that she was there to show support and solidarity for the couple, and that the European Parliament and the international community had not forgotten them and will continue to exert pressure.
“Even though the spotlight is no longer on Baku for the games, it will continue to be on when it comes to human right abuses,” she said, referring to the inaugural European Games, hosted with much fanfare by the Azerbaijani capital just weeks ago.
Proceedings lasted some 2.5 hours, and according to reports from inside the court, both Leyla and Arif looked pale and thinner. Leyla’s struggles with diabetes and Hepatitis C in prison have been well documented, but during the hearing she expressed worry in particular about her husband. Piri said Arif looked “much less strong and vivid than Leyla”. Their daughter Dinara told media in June that both her parents’ health has deteriorated since their arrest.
The van transporting Leyla and Arif Yunus (Photo: Kati Piri)
An appeal to the judges to allow Leyla to serve house arrest instead of imprisonment, was denied — as was every other motion filed by the defence, including a call for the case to be dropped altogether and a request that the couple be allowed to sit with their attorneys instead of the in the glass cages.
But Piri said Leyla seemed mentally very strong: “Mentally, they haven’t been able to break her.” Leyla took the opportunity, during a break in proceedings, to address the people in attendance, and according to Contact.az, she refused to stay silent even when the judge ignored her request to speak. “You are depriving me of the right to speak… I know that it is a false trial, but you have to give me an opportunity to speak…” she reportedly said.
The arrest of the couple in July and August 2014, was the first move in a crackdown by the regime of President Ilham Aliyvev, which has seen some of Azerbaijan’s most celebrated critical and independent voices arrested and sentenced on spurious, and frequently suspiciously similar charges, often relating to white-collar crime. Over the past few months, pro-democracy campaigner Rasul Jafarov has been handed down a 6.5 year sentence, while human rights lawyer Intigam Aliyev and journalist Seymur Hezi have been jailed for 7.5 and five years respectively. Award-winning investigative reporter Khadija Ismayilova is due in court on 22 July.
Leyla and Arif Yunus’s next hearing is scheduled for 27 July. While Piri remains hopeful of a positive outcome for the couple, she is afraid “it will not depend on the judges, but on politicians what will happen in this case”.
In a letter to Azerbaijani President Ilham Aliyev, independent lawyers, barristers or attorneys-at-law, expressed concern over the sentencing of their colleague, human rights lawyer Intigam Aliyev: “We call upon you, Mr President, to immediately and unconditionally release Intigam Aliyev and rehabilitate his civil and political rights.”
After six months in detention on spurious charges Intigam Aliyev was sentenced to seven and a half years in prison.
“We identify with Intigam Aliyev”, the lawyers wrote, “because we believe everybody should have a right to a fair trial, just as he does. Yet, Intigam Aliyev’s trial was marred by procedural irregularities and violations of the right to a public hearing and the right to access the files and documents of the case.” In addition, Intigam Aliyev’s attorney managed to prove that he was not guilty of implementing projects without registration, which he was charged with.
All 95 lawyers expressed their sympathy for Intigam Aliyev, as a unique lawyer. Not only is he a teacher for a generation of young Azerbaijanis, but he is also an expert of the European legal system, one of the first Azerbaijani lawyers to utilize the European Court of Human Rights and the regional tutor in the Human Rights Education for Legal Professionals (HELP) programme of the Council of Europe.
In the letter the lawyers furter identified with Intigam Aliyev: “For all of us, being a lawyer is a unique privilege. We identify with Intigam Aliyev because in Azerbaijan, any of us could be arrested simply for doing the same work as he did.”
The lawyers included colleagues of Intigam Aliyev, from various Eastern European countries, from within the Human Rights House Network project International Law in Advocacy, of which he is the national expert in Azerbaijan. The signing lawyers also included lawyers invested in human rights, from the United States and Canada, Egypt or Iran, as well as western European countries.
Florian Irminger, head of advocacy at the Human Rights House Foundation, underlines the importance of supporting human rights defenders in Azerbaijan: “The imprisonment of Intigam Aliyev is part of a systematic crackdown on human rights in the country. Arbitrary detention has been used to silence critical voices in Azerbaijan for years, whilst at the same time they exhibit a modern state through major international events. This letter and attention from around 100 lawyers from three continents witness that the outside world are not fooled by the promotion.”
In their letter, the lawyers highlight that the detention conditions of Intigam Aliyev have an impact on his already poor health:
“He suffers from severe chronic headaches in addition to nerve pain and has reportedly been denied of appropriate health care to date.” In their letter, the lawyers urge the Azerbaijani authorities to respect “basic humanitarian principles” and ensure that Intigam Aliyev is receiving “complete and necessary treatment for all medical concerns.”
Nabeel Rajab during a protest in London in September (Photo: Milana Knezevic)
Index welcomes King Hamad of Bahrain’s pardoning of human rights defender Nabeel Rajab, who was in the third month of a six-month sentence connected to his expressing an opinion in a tweet. According to Bahrain’s official news agency, Rajab was pardoned over fears for his health.
However, the country must do more to respect the freedom of expression of its citizens by dropping all charges against political prisoners whose so-called crimes have been to campaign for greater democratic rights, or expressing opinions.
“This action by the king undoes a grave miscarriage of justice. But Rajab is just one of the campaigners that have been targeted with judicial harassment by the Bahraini government. Index calls on King Hamad to pardon all the political prisoners currently serving sentences on spurious charges,” Index on Censorship CEO Jodie Ginsberg said.
Rajab is among the Gulf region’s most well-known human rights activists. He is the president of the Index award-winning Bahrain Center for Human Rights (BCHR), and a member of the advisory committee of the Human Rights Watch Middle East division. Since the Bahraini uprising of 2011, he has been arrested on numerous occasions and had his house tear-gassed for leading protests in which he and others voiced criticism of the Bahraini government.
Having been imprisoned between August 2012 and May 2014, Rajab was once again arrested in October 2014 and charged with “insulting a public institution”. His crime related to tweets in which he alleged that some Bahraini soldiers may have defected to the Islamic State, referring to Bahraini institutions as “ideological incubators”. In May, his six-month prison sentence was upheld.
Zambezi News cast, pictured left to right – Michael Kudakwashe, Samm Farai Monro, Chipo Chikara and Tongai Makawa
The Zimbabwean Minister of Impending Projects proudly stands in front of a mine that he has christened Mine Mine. “Because,” he says, “it’s mine. And because a diamond mine is a minister’s best friend.” This corrupt politician who has never completed a single programme in his department, is a fictional character on Zambezi News, a satirical show I helped create, with fellow activist Outspoken.
Zambezi News has become Zimbabwe’s leading satirical programme, reaching millions of viewers across the country and the whole continent. The show is a parody of the state-controlled propaganda machine, the Zimbabwe Broadcasting Corporation, and mimics the station’s sycophancy to the ruling party, the Zimbabwe African National Union Patriotic Front (Zanu PF). Quite frankly, our show started off by fluke. Outspoken and I have a background as spoken word and hip-hop artists and were approached by a friend involved in a local film festival to do a live news skit. When it aired at the festival and was really well received, we knew we were on to something.
We shot the first season in 2011 as a faux news show with three comic newscasters. The show cut between the newsroom and satirical reports from the field and featured a string of outrageous characters. We even did a special episode for the 2013 elections where our newscaster, Mandape Mandape, showed how easy it is to vote – unless you are young, urban and likely to vote for the opposition. We publicised the show around the country using partners ranging from community radio stations to activist groups. We also pushed it heavily on social media and shared the videos on YouTube. Interest was so great we then produced 10,000 DVDs, which were requested in more than 100 different towns and villages in Zimbabwe. Since then we have shot two more seasons. The show has been viewed by six million Zimbabweans, and we have been invited to do live shows in Sweden, South Africa, Swaziland and the USA.
The fact that there is thriving satire in Zimbabwe and that we, as the cheeky cast of Zambezi News, are still alive confuses a lot of people. Most TV and radio in Zimbabwe is controlled by the state or cronies of the ruling party, so the public has a growing appetite for comedy and satire that present an alternative voice. People like to laugh and think about our crazy situation at the same time.
“Political satire has provided comic relief to many Zimbabweans, but, above all, it has been an innovative way of speaking truth to power,” said political commentator Takura Zhangazha. “Zambezi News is key in carrying on this tradition especially across various media spectrums and between generations.” The fact that we’re still alive? Well, I guess that’s down to luck and the fact that we hide in plain sight.
Index on Censorship has been publishing articles on satire by writers across the globe throughout its 43-year history. Ahead of our event, Stand Up for Satire, we published a series of archival posts from the magazine on satire and its connection with freedom of expression.
However, being a leading satire show and poking fun at the powerful, comes with risks: one of our main actors in Zambezi News has been threatened by people we suspect are state security agents. The actor was approached after we launched our first season in 2012. He was threatened for working on an “anti-government, regime-change agenda” and told that he would be “dealt with”. Our content is blacklisted on state-controlled radio and TV, while we often get attacked by Zanu PF-aligned bloggers who write that we produce “anti-government propaganda”. Earlier this year, as we prepared to launch our third season, the police called up to ask if we had “police clearance” to do so. We also get harassed by the officials from the censorship board and the Central Intelligence Organisation who ask us: “Do you have accreditation and clearance to do this?” I guess this means that they are watching our show, so half our job is done.
We are not alone. Other online satirical shows are emerging, including PO Box, The Comic King Show and LYLO, to name but a few. PO Box has been a viral success in Zimbabwe with its weekly five-minute skits posted on Facebook with the skits getting 20,000 views in two days. The show deals with the country’s social and economic issues and has the cast playing everything from corrupt politicians to victims of xenophobic violence in South Africa. “Comedy and satire depict society’s stance and are the voice of the ordinary people to the elite,” said PO Box creator Luckie Aaroni.
Many outsiders wouldn’t expect to discover Zimbabweans poking fun at the powerful, or mocking the president and his wife, an act that was taboo until recently. “It’s a reflection of the times,” said leading comedian and comedy promoter, Simba The Comic King. “Things are hard, so people might as well laugh about them. That’s their form of protest.” There are also standup shows in the main cities of Harare and Bulawayo. Bulawayo’s gritty Umakhelisa Comedy Club regularly features the city’s top comedians, who joke about the tough social and economic realities that are modern Zimbabwe. Harare’s two leading monthly comedy events, the Bang Bang Comedy Club and Simuka Comedy, often attract capacity crowds to their hard-hitting shows.
Stand-up comedy emerged in Zimbabwe in the 1990s but today has grown into something more daring, where comedians are continually pushing boundaries. However, the authorities don’t always think the jokes should be shared with the public. “A couple of times I have been approached by presumed state security agents who have told me that certain jokes are funny, but get them out of your set if you want to live till the next show,” said Simba. Such threats are real and common in the country. It’s a recurring joke in Zimbabwe among artists: you have freedom of expression, but not freedom after expression.
Despite these trends, Zimbabwe is not an easy place to perform. The state has basically used a carrot-and-stick approach with artists. The carrot is the 75 per cent local-content policy on all state-controlled radio and TV, introduced in April 2000 by the Zanu PF government. For musicians, this means your songs will get played if you aren’t dissing the government and they will get played even more so if you are praising it. And if you’re known to be obedient, Zanu PF might also book you to play at one of its many galas, where taxpayers’ money is used to enchance the party’s image. The stick approach is more straightforward: critical artists get no state support, won’t have their songs played on radio and TV, and are likely to be harassed and threatened.
Artists such as comic character Dr Zobha get airplay on state-controlled radio as they are seen as obedient and toeing the party line. Whereas Zimbabwean music legend Thomas Mapfumo, a national hero for his role in the liberation struggle, was hounded out of the country in 2001 after releasing music critical of Zanu PF. Mapfumo now lives in self-imposed exile in the USA.
With more and more young people online in Zimbabwe sharing videos and content on Facebook and WhatsApp, we now have more and more alternative means of disseminating our content. And considering our politicians aren’t going to stop being clowns anytime soon, we definitely won’t be running out of things to say. So we’ll keep striving to build a new country. One joke at a time.
On June, 11 2015 the Greek public TV went back to its old name “ERT”, exactly two years after its abrupt closure by the previous conservative-led government.
In June 2013 the government shut down the TV station and fired some 2,600 media workers, accusing the public broadcaster of corruption and mismanagement. Although ERT’s “sins” and disfunction were well known, the real reason behind its brutal shutdown was to meet layoff quotas laid down by Greece’s international creditors.
A few months after shuttering ERT, the government opened the New Hellenic Radio, Internet and Television (NERIT), a shrunken public broadcaster that hired employees under 3-month contracts. The budget was cut from around 300 to 100 million euros.
In April 2015, the three-month-old left wing government led by Syriza abandoned the name “NERIT” and reinstated “ERT”, which fulfilled a pre-electoral promise. It also announced that any of ERT’s 2,600 employees who wished to return to work could do so. A law setting the budget of the broadcaster at 60 million euros a year would be covered by a licence fee of three euros a month.
Under the last government, ERT was derided as bloated and biased.
“ERT is a case of an exceptional lack of transparency and incredible extravagance. This ends now,” government spokesman Simos Kedikoglou had said in a statement aired on ERT back in June 2013, announcing the government’s intention “to shut down ERT”.
On the evening of the 11 June 2013, the Greek state TV went dark for the first time since 1938, triggering outrage but also support for the shocked Greek journalists and people by the international community and press, who saw this event as example of censorship and violation of freedom of speech in crisis-stricken Greece.
“When the microphone of a journalist is cut off, it’s like the voice of democracy being silenced. This has just been brutally done to 1,300 journalists – brutally in all senses because the Greek government has sent in the police to cut off a broadcaster and stop journalists from doing their job. That is the voice of democracy, the counterweight, a pressure group, that the government, the economic power is gagging”, European Broadcast Union President Jean-Paul Philippot commented that day condemning the Greek government’s overnight shutdown of its national broadcaster ERT as an act of violence and “the worst kind of censorship”.
But, this act was not the first and only government intervention in and censorship of the state TV. An example, is that in 2012, Kostas Arvanitis and Marilena Katsimi, presenters of news-magazine “Morning Information” on NET TV were removed from the programme due to comments about Minister of Citizen Protection Nikos Dendias.
Arvanitis and Katsimi were told about being “cut” from the show by its editor-in-chief who was informed about the decision by the general director of ERT, just hours after the broadcast on Monday morning.
The closure of ERT triggered a wave of protests against the government’s austerity policies, during which demonstrators sent a clear message in favour of a truly public — not state — broadcaster. In the wake of the silencing of ERT, the newly unemployed journalists banded together to launch ERT Open. Ahead of the election that swept Syriza to power, the party promised a modern public broadcaster free of constraints. In announcing the reopening of ERT, the government promised “the actual fulfillment of the objectives of the public broadcasting service for information, education and entertainment of the Greek people”.
However, the new ERT relaunched amid harsh criticism from opposition parties and the press, accusing the broadcaster of promoting the left-wing government’s positions. The critics said that the reality was far from the pre-election promise of a pluralistic and objective public television station.
A government spokesperson denied any intervention and claimed that representatives of all parties were invited to participate in the first informational programmes.
According to an Osservatorio Balcani e Caucaso interview with ERT’s Italy correspondent, Dimitri Deliolanes, the new government explicitly spoke of parliamentary oversight for public broadcasting. He said that for the parliament to have a control commission, as happens for example in Italy, a constitutional amendment would be needed. For this reason, the appointment of a new leadership for ERT occurred after a hearing in the parliamentary committee on transparency.
“Today ERT works well, with a very good quality standard, as competitors do not shine for sure. But the government, busy with managing the debt, has not yet managed to structure the committee. So, ERT is subject to the supervision of minister without portfolio Nikos Pappas”, Deliolanes concluded.
It remains to be seen whether Greece’s “new” public broadcaster will grow into the promised medium that is free of political intervention and the sins of the past.
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/
“Impunity is a great threat to press freedom in Russia,” said Melody Patry, Index on Censorship’s Senior Advocacy Officer. “Failing to use appropriate measures to investigate the murder of Akhmednabi Akhmednabiyev is not only a denial of justice, it sends the tacit message that you can get away with killing journalists. When perpetrators are not held to account, it encourages further violence towards media professionals.”
Statement
On the 2nd anniversary of the murder of independent Russian journalist, Akhmednabi Akhmednabiyev, we, the undersigned organisations, call for the investigation into his case to be urgently raised to the federal level.
Akhmednabiyev, deputy editor of independent newspaper Novoye Delo, and a reporter for online news portal Caucasian Knot, was shot dead on 9 July 2013 as he left for work in Makhachkala, Dagestan. He had actively reported on human rights violations against Muslims by the police and Russian army.
Two years after his killing, neither the perpetrators nor instigators have been brought to justice. The investigation, led by the local Dagestani Investigative Committee, has been repeatedly suspended for long periods over the last year and half, with little apparent progress being made.
Prior to his murder, Akhmednabiyev was subject to numerous death threats including an assassination attempt in January 2013, the circumstances of which mirrored his eventual murder. Dagestani police wrongly logged the assassination attempt as property damage, and only reclassified it after the journalist’s death, demonstrating a shameful failure to investigate the motive behind the attack and prevent further attacks, despite a request from Akhmednabiyev for protection.
Russia’s failure to address these threats is a breach of the state’s “positive obligation” to protect an individual’s freedom of expression against attacks, as defined by European Court of Human Rights case law (Dink v. Turkey). Furthermore, at a United Nations Human Rights Council (HRC) session in September 2014, member States, including Russia, adopted a resolution (A/HRC/27/L.7) on safety of journalists and ending impunity. States are now required to take a number of measures aimed at ending impunity for violence against journalists, including “ensuring impartial, speedy, thorough, independent and effective investigations, which seek to bring to justice the masterminds behind attacks”.
Russia must act on its human rights commitments and address the lack of progress in Akhmednabiyev’s case by removing it from the hands of local investigators, and prioritising it at a federal level. More needs to be done in order to ensure impartial, independent and effective investigation.
On 2 November 2014, 31 non-governmental organisations from Russia, across Europe as well as international, wrote to Aleksandr Bastrykin calling upon him as the Head of the Investigative Committee of the Russian Federation, to raise Akhmednabiyev’s case from the regional level to the federal level, in order to ensure an impartial, independent and effective investigation. Specifically, the letter requested that he appoint the Office for the investigation of particularly important cases involving crimes against persons and public safety, under the Central Investigative Department of the Russian Federation’s Investigative Committee to continue the investigation.
To date, there has been no official response to this appeal. The Federal Investigative Committee’s public inactivity on this case contradicts a promise made by President Putin in October 2014, to draw investigators’ attention to the cases of murdered journalists in Dagestan.
As well as ensuring impunity for his murder, such inaction sets a terrible precedent for future investigations into attacks on journalists in Russia, and poses a serious threat to freedom of expression.
We urge the Federal Investigation Committee to remedy this situation by expediting Akhmednabiyev’s case to the Federal level as a matter of urgency. This would demonstrate a clear willingness, by the Russian authorities, to investigate this crime in a thorough, impartial and effective manner.
Supported by
ARTICLE 19
Albanian Media Institute
Analytical Center for Interethnic Cooperation and Consultations (Georgia)
Association of Independent Electronic Media (Serbia)
The Barys Zvozskau Belarusian Human Rights House
Belorussian Helsinki Committee
Center for Civil Liberties (Ukraine)
Civil Society and Freedom of Speech Initiative Center for the Caucasus
Crude Accountability
Helsinki Citizens’ Assembly – Vanadzor (Armenia)
Helsinki Committee of Armenia
Helsinki Committee for Human Rights in Serbia
Helsinki Foundation for Human Rights
The Human Rights Center of Azerbaijan
Human Rights House Foundation
Human Rights Monitoring Institute
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
International Partnership for Human Rights
International Press Institute
Kharkiv Regional Foundation -Public Alternative (Ukraine)
Kazakhstan International Bureau for Human Rights and Rule of Law
Moscow Helsinki Group
Norwegian Helsinki Committee
PEN International
Promo LEX Moldova
Public Verdict (Russia)
Reporters without Borders
Index on Censorship are taking part in a day of solidarity for imprisoned Bahraini activist Nabeel Rajab on Thursday 9 July. The day was organised by Nabeel’s son Adam, and participants from across the world are sharing videos, photos and messages of encouragement using the hashtag #FreeNabeel.
Rajab is the President of the Index award-winning Bahrain Centre for Human Rights (BCHR) and among the Gulf region’s most well-known human rights activists. Since the Bahraini uprising of 2011, he has been arrested on numerous occasions and had his house tear-gassed for leading protests in which he and others voiced criticism of the Bahraini government.
Having been imprisoned between August 2012 and May 2014, Rajab was once again arrested in October 2014 and charged with “insulting a public institution”. His crime related to tweets in which he alleged that some Bahraini soldiers may have defected to the Islamic State, referring to Bahraini institutions as “ideological incubators”. In May, his six-month prison sentence was upheld.
The solidarity day has been arranged to tie in with a European Parliament vote on an urgent resolution on Bahrain.. The resolution calls for “the dropping of charges and immediate and unconditional release of all human rights defenders, political activists and other individuals detained and charged with alleged violations related to the rights of expression, peaceful assembly and association, including Nabeel Rajab, Sheikh Ali Salman and the ‘Bahrain 13’.” It also calls on the EU to develop a strategy on how they can push for the release of imprisoned activists and prisoners of conscience in Bahrain, and for the ending of exports of tear gas and crowd control equipment to the country.
Bahrain has an appalling human rights record which has worsened since the events of the Arab Spring in 2011. Its penal code of 1976 has been widely criticised as giving widespread powers to the government to suppress dissent, and Reporters Without Borders placed the country on its list of Internet Enemies in 2012 due to its crackdown on online blogging and social media use by activists such as Rajab. The “Bahrain 13”, as they are referred to in the EU resolution, are a group of opposition leaders, activists, bloggers and Shia clerics who were arrested between March and April 2011 for their involvement in the national uprising. Their detainment has drawn criticism from a multitude of countries and organisations who have accused the Bahraini government of torture during trial. The government of Bahrain insists the trials were fair.
You can help put pressure on the Bahraini government to respect and protect freedom of expression. Simply record a video or take a picture of yourself, calling on Bahraini authorities to release Rajab, using the hastag #FreeNabeel.
How is it possible that people who cannot manage even the most basic protest, without being violently clamped down and detained, could have the means to organise a coup d’état? This is a pertinent question sent in by a reader of my website, Maka Angola, following the detention of 15 activists in Angola in late June.
The young people had formed a study group. They armed themselves with books on peaceful forms of protest in order better to defend their ideas. This posed an even greater threat to those in power who, according to various analysts, are more afraid of freedom of thought than of guns.
On Wednesday 24 June, the attorney general, Army General João Maria de Sousa, confirmed the detention of 15 youths for allegedly preparing acts of collective disobedience to overthrow the government, and unseat President Dos Santos. “These acts constitute crimes against the security of the state, as a crime of rebellion. As such, the competent bodies of the state must take action to avert the worst,” General João Maria de Sousa told the press.
The group were reading the famous book by US academic Gene Sharp, From Dictatorship to Democracy: A Conceptual Framework for Liberation. The book’s blurb describes it as “a blueprint for nonviolent resistance to repressive regimes.” The youth were reportedly brainstorming peaceful strategies to protest against the rule of Dos Santos.
Maka Angola has decided to find out about these 15 people jailed as “coup plotters”, and has compiled profiles of each one on the site. An extract follows here.
Inocêncio António de Brito “Drux” Age: 28 years Occupation: Student and head of Scout group at a Catholic church
“My son only knows how to manipulate a pen, he does not know how to handle a gun. Will he be able to make a coup with a pen?” wonders Marta Mulay, the mother of Inocêncio de Brito.
She says the arrest of her son “is an injustice. He is innocent of everything that he is accused of. Inocêncio disagrees with the president’s governance. He just simply wants to help to open the minds of the people because the country is in bad shape. As a family, we demand his immediate release”.
In turn, his sister, Marcelina de Brito, told us how he was taken back to his home after being arrested at the meeting. She says the police shoved a black bag over his head so that he could not see where he was being taken. She confirmed that the police seized his computer, telephone and all his books and university notebooks.
Mbanza Hamza
Age: 30
Occupation: Primary school teacher
Since 2011, Mbanza Hamza has been one of the main victims of the brutality inflicted by the police and security forces on the youth movement that has protested against the regime of President dos Santos. In 2012, MPLA-controlled militias broke his skull and collarbone during a raid on a house where youths were meeting to plan a demonstration.
Mbanza lives with his two children in his mother’s house. His mother, Leonor Odete João, has no fear about expressing her disgust at her son’s detention. “My son’s strength is his conscience. The books he reads are what’s scaring the president …The danger here is studying, it’s what my son is learning. He has freedom of conscience and freedom of choice.”
She added: “Since my son was arrested I haven’t been eating, just weeping.”
She condemns the way in which police from the Criminal Investigation Service (SIC) arrived at her house without a warrant for the searches and arrests they carried out. “They took my computer, they took my phone and my younger son’s. They even took my women’s magazines and newspapers that I have kept. They took all the papers they could find.”
José Gomes Hata “Cheik Hata” Age: 29 years Occupation: Hip-hop artist
Cheik Hata is one of the promoters, with Hitler Samusuku, of the hip-hop group Third Division. His lyrics are considered to be revolutionary. The verses are about rebellion – rebellion of the youngsters who feel robbed, oppressed and betrayed – and they speak about the reality of life in Angola, bluntly and without any fear.
“Wake up, let’s do it/Negative thoughts, devilish acts/results in violations, corruption and murder/in general, men possessed without mercy/More percentage to Zé (…)/”, sings the rapper in the music track “Half man, half animal”, from the record Project Does Not Vote.
Domingos da Cruz Age: 31 years Occupation: Professor at the Independent University of Angola
Because of his intellectual role and as the main speaker during debates of new forms of peaceful activism, the authorities consider Domingos da Cruz as one of the “ringleaders” of the alleged coup-plotting. He is the author of the book Tools to Destruct the Dictator and Prevent New Dictatorship: Political Philosophy to the Liberation of Angola. The work has been used as a manual in the young people’s meetings and may be considered an adaptation of the activist model propagated by the US academic Gene Sharp, in his book From Dictatorship to Democracy: A Conceptual Framework for Liberation. This book has been internationally used as an instruction manual for non-violent strategies against dictatorships.
However, the contents of Domingos da Cruz book is not as bombastic as the title suggests. In general, the 184-page work defends non-violent struggle, including civil disobedience, as the best way for Angolans to achieve their freedom and implement true democracy. The author is against the use of violence and insists on safeguarding human lives. On the possibility of a coup, for example, to overthrow the dictatorship, for example, Da Cruz argues that coups represent a setback in the process of change and tend to give rise to a new dictatorship. He does not promote the idea of change based on external support. He is against it.
To pursue Da Cruz, the judicial bodies are clinging to the title of his works.
According to his sister, four police agents, last Sunday 21 June 2015 ransacked Da Cruz’s house, “including the bathroom and water buckets”. They took everything that was written on paper.
The other detainees include: Hitler Jessia Chiconda “Samusuku”, a student and hip-hop artist; Osvaldo Caholo, a lieutenant in the National Air Force and assistant teacher of African history; Nelson Dibango, a computer technician; Albano Evaristo Bingobingo “Albano Liberdade”, a driver; Arante Kivuvu, a student; Manuel Baptista Chivonde Nito Alves, a student; Luaty “Ikonoklasta” Beirão, a rapper; Sedrick de Carvalho, journalist; Fernando Tomás “Nicola Radical”, technician; Nuno Álvaro Dala, university lecturer; and Benedito Jeremias, a student.
The Hungarian parliament has voted yes to plans to allow the government and other public authorities to charge a fee for the “human labour costs” of freedom of information (FOI) requests this week, as well as granting sweeping new powers to withhold information. It just needs the signature of President Janos Ader before it becomes law.
The bill, submitted by Minister of Justice László Trócsányi, was published on the government website just days before the vote, on 3 July, precluding any meaningful debate about the proposal. It is widely believed that through this initiative, governing party Fidesz is trying to put a lid on a number of scandals involving wasteful government spending, uncovered through FOI requests.
According to Transparency International, the bill “appears to be a misguided response by the Hungarian government to civil society’s earlier successful use of freedom of information tools to publicly expose government malpractice and questionable public spending”.
One provision of the bill allows public bodies to refuse to make certain data public for 10 years if deemed to have been used in decision-making processes, according to Index award-winning Hungarian investigative news platform Atlatszo.hu. As virtually any piece of information can be used to build public policies upon, this gives the government a powerful argument not to answer FOI requests.
The bill also allows government actors to charge fees for fulfilling FOI request. Until now, government actors could ask for the copying expenses of documents. From now on, they can ask the person filing the request to cover the “human labor costs” of the inquiry.
It is not yet clear how much members of the public will have to pay. “There will be a separate government decree in the future regarding the costs that can be charged for a FOI request,” Tibor Sepsi, a lawyer working for Atlatszo.hu, says.
Because the public has no means to verify whether these costs are well-grounded, and at some government agencies the salaries are known to be very high, the government might be in a discretionary position to ask prohibitive costs for answering the FOI requests, critics of the amendment say.
“The FOI requests usually ask for data that are already available somewhere in electronic format, therefore no government body can say that fulfilling a request involves gathering information,” says Tamás Bodoky, the editor-in-chief of Atlatszo.hu.
“It is unacceptable to plead for extraordinary workload and expenses when much of the requests refer to things that should be published in accordance with transparent pocket rules. This information should be readily available in the settlement of accounts and reports,” he adds.
The work of investigative journalists and watchdog NGOs is further complicated through another provision, regarding copyright. In some cases, the government will be able to refer to copyright issues and only give limited access to certain documents, without making them publicly available.
While the bill will make life harder for those making FOI requests, Sepsi also points out that the situation is not as bad as it may initially seem: “The government will have half a dozen of new ways to reject vexatious FOI requests, but on the implementation level, ordinary courts, the constitutional court or the Hungarian National Authority for Data Protection and Freedom of Information Authority will have the power to keep things under reasonable control.”
Nevertheless, Hungarian and international NGOs working for the transparency of public spending and government decisions are protesting against the bill. An open letter, signed by the groups Atlatszo.hu, K-Monitor, Energiaklub Szakpolitikai Intézet and Transparency International Magyarország Alapítvány has been sent to the Minister of Justice Trócsányi, to the Hungarian National Authority for Data Protection and Freedom of Information Authority, as well as the MPs whose votes decided the fate of the proposal.
“We believe the government would do the right thing if – instead of rolling back on transparency – it would increase the so-called proactive disclosure, meaning that it would publish the information regarding its functioning in electronic format, without a request. We can provide international examples where this can be achieved simply, without extraordinary costs. This would increase not only the transparency of public spending, but the number of FOI requests would also decrease significantly,” the letter argues.
After the vote, a group of 50 opposition MPs pledged to ask the constitutional court to review the text.
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Malaysian cartoonist Zunar is facing charges under a colonial era sedition act. (Photo: Sean Gallagher/Index on Censorship)
Persecuted Malaysian cartoonist Zulkiflee Anwar Haque, who is facing nine simultaneous charges under the country’s controversial Sedition Act, has had his case pushed back until 9 September.
The artist, known as Zunar, told supporters in an email that his case had been adjourned pending a ruling from the Federal Court in a separate case that challenges the constitutionality of the Sedition Act.
The current case sees Zunar facing 43 years in prison over a tweet criticising the recent jailing of a Malaysian opposition leader. He has been targeted numerous times for speaking out against the Malaysian government in his editorial cartoons. Zunar was investigated under the sedition act for the first time in 2010, much of his work has been banned, and he has been subjected to repeated raids, arrest and detainment.
“Zunar is being prosecuted simply for exercising his right to express himself. We welcome the legal challenge to the Sedition Act; a tool the government uses to try and stifle and silence dissent from Zunar and other critics. But regardless of the outcome in that case, we reiterate our call on Malaysia to immediately drop all charges against Zunar and respect free expression,” said Index on Censorship CEO Jodie Ginsberg.
You can support Zunar by signing this petition to call on the Malaysian government to drop all charges against him and renew its commitment to freedom of expression.
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