Index Index

What is the Index Index? The Index Index is a pilot project that uses innovative machine learning techniques to map the free expression landscape across the globe to gain a clearer country-by-country view of the state of free expression across academic, digital and...

Whistleblower Jonathan Taylor releases further allegations of corruption

[vc_row][vc_column][vc_column_text]An oil industry whistleblower who has been held in Croatia for almost a year on extradition charges has revealed further explosive claims about his former employer.

Jonathan Taylor, who in 2013 revealed a bribery and corruption scandal at the Monaco-based Dutch oil company SBM Offshore, claims the company was also involved in a deal which saw tens of millions of dollars promised to a Panamanian company run by a powerful and allegedly corrupt Angolan official. 

Taylor released documents to whistleblowing networks and the media which show that British oil company BP had paid $100 million to cancel a shipyard construction project in Angola. A third of the money owed from the cancellation of the deal to build floating oil platforms was earmarked for Sonangol International Inc, run by Baptiste Sumbe. There was no suggestion this agreement was reached with BP’s knowledge or consent.

Taylor’s revelations come as he approaches the anniversary of his arrest on an Interpol red notice while on holiday in Croatia with his wife and three teenage children. Taylor says he is being targeted as retaliation for his whistleblowing.

In 2013, Taylor gave evidence of bribery by SBM Offshore, for whom he worked as a lawyer, to the UK Serious Fraud Office, as well as investigators in the Netherlands and Brazil as well as the FBI.

Taylor’s allegations were at the centre of what became known as the “Petrobras scandal”, where SBM was accused of paying bribes to Brazilian government officials.

As a result of Taylor’s whistleblowing, SBM Offshore was fined over $827 million after being found to have used bribery payments in excess of $275 million.

Taylor now faces extradition to Monaco. On 18 May this year, despite a 10-month long appeal since his detention, the Supreme Court of Croatia issued a judgement confirming the extradition. In response, 40 legal experts, NGOs and campaigners signed an open letter calling for the extradition to be halted. The decision currently rests with Croatian justice minister Ivan Malenica, to whom the letter was addressed.

Taylor is also being targeted with a defamation suit in the Dutch courts, which many consider to be a strategic lawsuit against public participation or SLAPP. The company sought a public apology and damages of €630,000. The claim was not upheld in the Dutch courts, but Taylor faced lengthy and costly court dealings.

He was released on bail on 4 August 2020 and, although Interpol’s red notice has now been withdrawn, Taylor has been forced to remain in Croatia and is facing extradition to Monaco so he can be “interrogated” over alleged offences.

Taylor has been targeted by SBM ever since he blew the whistle on them.

In 2014, his former employers made a complaint to the authorities in Monaco that Taylor had attempted to extort them but could provide no evidence of this and have since withdrawn the complaint.

Taylor’s situation means there has been concern over his mental health. When British diplomats raised these concerns in response to the lawyer’s own fears, he was held in a psychiatric hospital overnight against his will in May earlier this year.

He described the experience, stating that a substance was “forcibly injected” into him.

“Shortly after this I was taken to a room, still cuffed, where I was strapped to a bed by my feet and legs and my hands,” he said. “I then refused unidentified tablets and was invited to swallow them whilst someone held a cup of water to my mouth. I refused. I was then forcibly turned and something was injected into my upper thigh.”

As the anniversary of Taylor’s arrest approaches, whistleblowing charity Protect has called on the UK government to take further action. It has currently only sought only sought assurances that Taylor will be treated fairly if extradited, but has not called on Monaco to withdraw the extradition request.

Andrew Pepper-Parsons, head of policy at Protect, said These latest disclosures from Jonathan Taylor show just how vital whistleblowers are to revealing corruption. Despite this, Taylor has been held in Croatia for months facing extradition on baseless claims. It is a clear abuse of process which threatens to set back whistleblowing years and sends a terrifying message to whistleblowers across the continent. The UK government needs to take a more robust stance. It must secure Taylor’s safe return home and call on the Monegasque authorities to drop the extradition”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”256″][/vc_column][/vc_row]

Malta: Renewed call for justice 1,000 days after the assassination of Daphne Caruana Galizia

12 July marks 1,000 days since the assassination of Maltese investigative journalist Daphne Caruana Galizia. On this anniversary, we, the undersigned organisations, once again demand that all those involved in her murder and the corruption she exposed are brought to justice.  

In recent weeks, yet more disturbing revelations of state corruption and impunity related to the case continue to emerge, underscoring the weaknesses in Malta’s rule of law, and entrenched impunity for both the murder of Caruana Galizia and the high-level abuses of power she investigated.

During a June 2020 hearing to compile evidence against murder suspect, Yorgen Fenech, the Magistrate ordered the police to investigate former Police Commissioner, Lawrence Cutajar for tipping off middleman, Melvin Theuma. Providing evidence in court, Theuma said Cutajar had informed him that he was under investigation both for the murder of Caruana Galizia and money laundering.

Former Deputy Commissioner and lead investigator, Silvio Valletta is also under investigation for his dealings with Yorgen Fenech, after he fell under suspicion.

At the public inquiry on 1 July, it emerged that the police had failed to take any action against Keith Schembri, in his previous capacity as Chief of Staff for former Prime Minister, Joseph Muscat, and former Energy Minister, Konrad Mizzi after Carauna Galizia revealed they owned offshore Panama companies in 2016. Responding to the testimony of Assistant Commissioner, Ian Abdilla, who has recently been replaced as head of the Economic Crimes Unit, the board of inquiry expressed disbelief that the police had done “absolutely nothing” with regards to the Panama Papers. 

On 7 July, sources confirmed that Attorney General, Peter Grech, as the chief prosecutor, sent a note to police in 2016 advising them against investigating the Panama Papers, stressing that such an investigation would be “highly intrusive.” Such direct and unambiguous instructions from the Attorney General to restrict the police investigation into the content of Caruana Galizia’s work violated the responsibility of his post and was a clear obstruction to the course of justice rendering his position as Attorney General untenable. 

Investigations in Italy, France, Latvia and Montenegro have also revealed links to corruption related to Caruana Galizia’s investigations in Malta. 

Had the corruption which Caruana Galizia exposed – including the Panama Papers – been fully investigated and prosecuted at the time, it could have reduced the risk and isolation that she faced as a journalist, including an orchestrated campaign of harassment and vilification by high-level political and business figures in Malta.

The appointment of a new head of Economic Crimes Unit, Alexandra Mamo, and the nomination of a new Police Commissioner, Angelo Gafà, present an opportunity for the Maltese authorities to commit to tackling long-standing failures to investigate and prosecute allegations of high-level corruption and to reform institutions. In addition, the 18 June Venice Commission opinion on the Maltese government’s rule of law reform proposals is a welcome sign that the Maltese Government recognises the need for fundamental reform. 

Prime Minister, Robert Abela has stated that he expects police to investigate “all corners” of the assassination. Today, we reiterate our call that the Maltese authorities honour the legacy of Daphne Caruana Galizia and ensure that all of those implicated in her murder – from the hitmen to the masterminds – are brought to justice and the corruption she revealed is finally  prosecuted. The authorities should now establish Joint Investigation Teams with foreign police forces  tackling related issues, so that there can finally be an end to impunity in Malta, and full justice for Daphne.

ARTICLE 19

Association of European Journalists (AEJ)

Committee to Protect Journalists (CPJ)

European Centre for Press and Media Freedom (ECPMF)

Free Press Unlimited

Index on Censorship

International Freedom of Expression Exchange (IFEX)

International Press Institute (IPI)

Osservatorio Balcani e Caucaso Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Scottish PEN

Transparency International

 

Fighting for justice in Malta – a timeline of the past two years

[vc_row][vc_column][vc_column_text]For those of you who are just catching up with the situation in Malta and the political upheaval, here’s a summary of some of the events Index and other organisations have been involved in over the past two years following the violent murder of Daphne Caruana Galizia. The killing of Daphne, a Maltese journalist investigating corruption at the highest levels of government, shocked the world. Since her death in 2017, Index, working with many other parties and journalists around the world, has piled pressure on the government of Malta, the EU and other international organisations to get justice and accountability for her murder.

An attack on any journalist is an attack on freedom and democracy. Below is a background to our interventions over the last two years, often working with Caruana Galizia’s family and other organisations, such as journalists in Malta.

 

Timeline

16 October 2017

As Galizia’s murder was reported, Index immediately called for a swift investigation: “We urge the Maltese authorities to swiftly and thoroughly investigate the circumstances to bring the perpetrators to justice.”

Galizia conducted investigations, among many others, linking Malta’s prime minister, Joseph Muscat and his wife Michelle, to secret offshore bank accounts revealed by the Panama Papers.

Galizia was sued in March 2017 by a property developer who filed 19 libel cases against her. In February 2017, economic minister Chris Cardona and his EU presidency policy officer Joseph Gerada filed four libel suits against the journalist.

17 October 2017

Index published an in-depth profile of Galizia, detailing her history of investigative journalism, the exceptional reach of her work in Malta and the litigious harassment she faced from those she investigated. One government minister’s lawyers questioned her “professional capacity as a journalist,” while Politico named her as one of “28 people who are shaping, shaking, and stirring Europe” thanks to her work on the Panama Papers.

18 October 2017

Together with 15 other press freedom groups, Index signed a call for an immediate and independent investigation into her death.

Daphne Caruana Galizia’s work as a journalist to hold power to account and shine a light on corruption is vital to maintaining our democratic institutions. Her killing is a loss for her country and for Europe,” said Hannah Machlin, from Index’s Mapping Media Freedom project.

2 November 2017

Index invited our supporters to join us at a vigil outside the Maltese High Commission in London.

4 December 2017

The first wave of arrests were made in connection with the crime in early December, but Doughty Street Chambers, which specialises in international human rights, raised issues around the independence of the investigation in urgent legal advice to the family of Galizia.

Joy Hyvarinen, head of advocacy at Index on Censorship, said: “The advice raises extremely serious questions about the Maltese police, and Index believes that external, independent investigators must be appointed urgently.”

16 January 2018

Three months on, Index took stock of events so far. Galizia’s family spoke at another vigil co-organised by Index, thanking us and other organisations for their continued support, and highlighting attempts to discredit her since her death.

19 January 2018

Index joined a letter calling on the Parliamentary Assembly of the Council of Europe to appoint a Special Rapporteur to monitor the investigation into the murder 

23 March 2018

Amid reports that the Prime Minister of Malta was suing Matthew Caruana Galizia, Daphne’s son, over a Facebook post, Index joined an open letter to diplomats in Malta. The letter urged the diplomats make their presence felt by the government, saying: “Your engagement in this case is setting a standard and precedent for what is permissible in the European Union.”

28 May 2018

Index on Censorship’s editor, Rachael Jolley, spoke alongside Daphne’s son Paul Caruana Galizia, and her fellow Maltese journalist Caroline Muscat of The Shift News at the Hay Festival in a panel chaired by the BBC’s Katya Adler.

13 July 2018

The summer 2018 issue of Index on Censorship magazine published an article by Caroline Muscat, taking a closer look at the hidden underbelly of Valetta in Malta – that year’s European Capital of Culture.

10 October 2018

Approaching the first anniversary of Galizia’s death, Index spoke to her son, Paul Caruana Galizia:

“It’s a very personal thing what motivates a journalist to carry on writing in the face of all those threats and violence,” said Paul, “for my mother it was that you can’t just leave things alone, you can’t let injustice carry on, you can’t, in her words, just let people get away with it.”

Index also joined with other organisations in an open letter direct to Prime Minister Joseph Muscat, calling for the establishment of a public inquiry.

15 October 2018

Index published a profile of Caroline Muscat, a Maltese journalist whose work at online news project The Shift News has followed the spirit of Daphne Caruana Galizia.

“The Shift is journalism, but it is a movement too. Yes, I have an agenda. My agenda is press freedom, democracy, rule of law. We don’t have the luxury anymore to demand anything else. No, I don’t think The Shift will find the final piece of the puzzle that will solve Daphne’s murder. Such an expectation is unrealistic. All we can do is continue to investigate and contribute to adding pieces of the puzzle.” – Caroline Muscat.

4 December 2018

Index joined again with eight other organisations to condemn the lack of justice for Daphne. The statement emphasised the need for full justice for Caruana Galizia’s murder, stating “Every person involved in the planning and carrying out of this heinous attack must be identified and prosecuted to the full extent of the law.”

13 June 2019

Index appealed to EU leaders ahead of a South EU Summit held in Malta. Writing together with other organisations, the letter reminded the recipients: “By signing the Sibiu Declaration, you have pledged to safeguard Europe’s democratic values and the rule of law. We therefore urge you to address the matter of safety of journalists and ongoing impunity in the case of Daphne Caruana Galizia in your meeting with Prime Minister Muscat in Valletta on 14 June.”

6 July 2019

Rachael Jolley, Index’s editor-in-chief, spoke at numerous panels at the International Journalism Festival in Perugia, Italy. One focussed on ‘Harnessing journalism for justice in the murder of journalists’ and another was held with the editor of the Maltese news portal The Shift News, Caroline Muscat.

10 October 2019

Ahead of the second anniversary of Caruana Galizia’s murder, Index released a statement lamenting the lack of action on the case, and the continued harassment of her family.

Joy Hyvarinen, head of advocacy at Index on Censorship, said: “It is appalling that Daphne Caruana Galizia’s brutal murder remains unsolved after two years and that the government of Malta has only now established an inquiry, and that it has done so in a way that raises serious questions about the independence of that inquiry. Index urges other European countries to make it clear to Malta that the inquiry must be independent.”

16 October 2019

Index joined with other organisations on the second anniversary of the murder to spell out their demands for justice.

“Today, on 16 October 2019, we are gathering in vigils to remember Daphne Caruana Galizia and renew calls for justice in Valletta, London, Brussels, Berlin, and Vienna. We will continue our campaigning and our joint advocacy at international organisations such as PACE until all those involved in every aspect of this heinous attack are brought to justice – including the masterminds.

We urge the Maltese authorities to ensure that this is the very last anniversary that passes without full justice for Daphne Caruana Galizia.”

Latest

In late November and December 2019 a number of high-profile arrests and resignations from government were made. On 1 December Prime Minister Joseph Muscat announced his intention to resign due to the crisis, once a new leader could be chosen for his party in January.

The situation continues to evolve and change follow journalists @theshiftnews and @pcaruanagalizia and @mcaruanagalizia for up-to-date news.[/vc_column_text][/vc_column][/vc_row]