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We, the undersigned organisations, stand in solidarity with the people of Ukraine, but particularly Ukrainian journalists who now find themselves at the frontlines of a large-scale European war.
We unequivocally condemn the violence and aggression that puts thousands of our colleagues all over Ukraine in grave danger.
We call on the international community to provide any possible assistance to those who are taking on the brave role of reporting from the war zone that is now Ukraine.
We condemn the physical violence, the cyberattacks, disinformation and all other weapons employed by the aggressor against the free and democratic Ukrainian press.
We also stand in solidarity with independent Russian media who continue to report the truth in unprecedented conditions.
Join the statement of support for Ukraine by signing it here.
#Журналісти_Важливі
Signed:
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In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?
It’s simple, the worst is ranked first.
We round up the last of the groups today with Group F, which played the deciding matches on Wednesday.
The recent Group F fixture between Germany and Hungary drew attention to Hungary’s poor record on free speech and censorship, when a protester carrying a pride flag ran on to the pitch. Hungary’s recent law, passed in June 2021, bans “the depiction or promotion of homosexuality to those under 18”. This includes teaching in schools and portrayals on television.
Prime Minister Victor Orbán was elected in 2010 and changed the constitution to take control of independent government institutions and initiated government policies to limit operations of opposition groups, journalists, and universities. According to non-profit Freedom House, the judiciary is unstable and controlled by the Prime Minister’s office, making it unusable in the struggle for free speech in Hungary. Reporters Without Borders (RSF) credit these policies for inspiring other European countries including Poland and Slovenia to institute similar restrictions on journalists.
Hungary’s coronavirus legislation gave the government almost unlimited power to handle the pandemic, a crisis which solidified Hungary as an information police-state where the prime minister can rule by decree without parliamentary oversight. Anti-scaremongering policies, meant to stop anyone “blocking the government’s anti-pandemic effort,” were used by Orbán to intimidate government critics and also temporarily suspended data protection policies. This fits with other incidents of government officials using their authority to suppress stories for their convenience.
Journalists who are caught conducting routine drone investigations in properties without express permission could get up to three years in prison under section 422 of the Hungarian criminal code, which focusses specifically on “illicit” data collection. Two journalists, Gabriella Horn and Balázs Gulyás, were threatened with this when investigating why military vehicles were present on land owned by businessman and friend of Orbán, Lőrinc Mészáros. It is a policy that shows the extent the government will go to, to side with government officials and oligarchs over journalists.
In May, journalist Júlia Halász appealed criminal charges of defamation and illegal recording for her publications after reporting on the harassment she endured while covering Hungarian diplomat, László Szabó.
Many journalists from the media company Magyar Hang reported government officials and their supporters harassing them for opposing Orbán’s reelection in 2018, and since the pandemic legislation, the head of the company, Csaba Lukács told the Committee to Protect Journalists, “reporting has become increasingly dangerous. This new legislation is a clear threat.”
In addition to government oppression, media publications face economic barriers in Hungary. Hungary’s government media council’s decisions have been criticised for being politicised because they prevented the consolidation of independent media companies while encouraging pro-government media outlets. Hungary’s largest independent newspaper closed in 2016, and the government oversaw the merger of hundreds of small media outlets in a major blow to Hungary’s media diversity.
France may have placed at the top of the group on Wednesday, but their free speech record is mediocre. Generally, France has an independent judiciary, fair and free elections, and free and independent media that protect free speech rights in France.
In recent years, political turmoil has given France a bad record of violence against journalists. RSF described it as an overall “hostile environment for reporters.” Anti-immigrant and anti-Muslim demonstrations in France have been increasingly violent, and while covering them, journalists are often arbitrarily detained with their equipment seized or subjected to teargas grenades, flashbangs, and baton beating. At least two journalists in 2020 were called before French police and claimed to have experienced harassment under questioning. Policies implemented in 2010 make it possible for the government to claim “overriding public interest” to force journalists to break source confidentiality.
Journalists are targets of police violence during the recent large-scale protests over France’s “Global Security Law”, which makes it illegal to “maliciously share” images that may lead to the identification of a police officer. The police response to the Gilets Jaunes – or “Yellow Vests” – movement has been widely criticised for putting bystanders and journalists in harm’s way.
Journalists were the target of the worst terrorist attacks in France. Nine Journalists were killed in 2015 during the Charlie Hebdo shooting which was an attack on the satirical publication Charlie Hebdo. The gunmen identified themselves as members of the Islamist group, Al-Qaeda, and five years later, a second stabbing attack outside Charlie Hebdo is also suspect to have an Islamist terrorist motive.
In April of 2021, French Journalist Nadiya Lazzouni received a death threat with sexist and anti-Muslim slurs and proof that the sender had been watching her. She filed a complaint with the Paris prosecutor’s office but has not heard anything in response as of 15 April. For some journalists in France, both extremists and the police can be a threat to their safety.
An active effort with constitutional safeguards to avoid repeating the country’s past has made Germany a stable democracy with well-protected civil liberties and political rights. Recent challenges with immigration have given a new rise to right-wing extremism and has created a more volatile environment for journalists. RSF’s 2021 report on Germany states “an independent judiciary ensures a favourable environment for journalists in Germany.” In recent years, the judiciary has been vital in preventing government policies that are harmful to journalists.
Despite the balanced government structure, Germany can still be a dangerous place for journalists. Extremists, mostly from the far right with some leftists, often use journalists as targets for violent attacks, and, especially during the Covid-19 pandemic, some politicians encouraged distrust in media outlets to promote populist agendas. In July of 2021, demonstrators protesting the Covid-19 lockdown physically blocked reporter’s cameras with their fists and shoved journalists while threatening them not to report on their protests. In May of 2021, Pro-Palestine demonstrators threw rocks and firecrackers at news crews in Berlin, and police used excessive force to prevent journalists from covering controversial evictions in October of 2020.
The Network Enforcement Act, a controversial law enacted in 2018, was brought in to regulate online hate speech and led to media companies deleting posts that would not have been considered hate speech. A majority of Germans, according to Freedom House, stated they are careful what they post online for fear of repercussions as a result.
Several government policies in response to extremism have been criticised for having unfair restrictions on journalism. In May of June 2021, their federal court ruled a law that was used to force journalists to reveal their sources was unconstitutional. Most recently in June 2021, a new law increased government surveillance and hacking power while removing judicial oversight and protections for Journalists during terrorism investigations, sparking concerns around protecting journalist sources from government retaliation.
Portugal has a long history of restricting press freedom, but following the Portuguese Constitution guaranteeing freedom of expression in 1978, it has grown to be ranked ninth-best in RSF’s World Press Freedom Index of 2021. Despite a vocal minority that criticises the extent to which freedom of expression is allowed, Portugal now has a decent free speech record, but journalists are hindered by the economic downturn’s effect on their media industry. With a near-perfect score from Freedom House, Portugal earned a 96/100 for its effective political system and balanced judiciary Portuguese media outlets struggled with funding during the pandemic, and in response, Prime Minister António Costa advanced what the state planned to pay in government advertising to support the industry. Generally, public broadcasters have and struggle against commercial television outlets, which gives diverse viewpoints but some risk of populism.
Wrongful surveillance of journalists by police has been an issue. In January 2021, police were allegedly surveilling journalists illegally, without a court order, attempting to uncover their sources, and the Lisbon prosecutor’s office was exposed using electronic surveillance on two journalists in an attempt to reveal their sources in 2018. If charged for “breaching judicial secrets”, the two journalists could face up to two years in prison.
Another challenge Portugal has been facing is recent corruption scandals. In September of 2020, 17 people, including three judges, were charged with corruption. Portuguese authorities, complying with the international effort identified those involved and froze their assets, but some concerns remain around the poor resources provided to investigators and the ineffective anti-corruption and whistleblower protection legislation passed in 2019.
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Mr. Ivan Malenica
Minister of Justice
Ulica grada Vukovara 49
Maksimirska 63
10 000 Zagreb
Republic of Croatia
Tuesday 18 May 2021
Dear Minister,
Jonathan Taylor is a whistleblower; he is a witness to a crime who has cooperated with law enforcement bodies in seven different jurisdictions and should be protected as such. He has been in Croatia for nearly 10 months appealing against a request for extradition from Monaco. Now that the Supreme Court of Croatia has issued its judgment, the final decision on whether or not to extradite Mr. Taylor is up to you, the Minister of Justice.
The Supreme Court of Croatia fully recognises Mr. Taylor’s status as a whistleblower and for the reasons we set out below, we urge you, the Minister of Justice, to refuse Monaco’s abusive request to extradite Mr. Taylor to Monaco and to allow him to return home to the United Kingdom immediately.
Mr. Taylor is a British national who, during the course of his employment as a lawyer for the Dutch-listed oil industry firm SBM Offshore N.V., with its main office in the Principality of Monaco, uncovered one of the largest corruption and bribery scandals in the world that resulted in criminal investigations in the United Kingdom, United States of America, Netherlands, Switzerland and Brazil. His evidence contributed to the company paying fines amounting to over US$800 million and, to date, the imprisonment of three individuals directly involved in the scandal, including the former CEO of SBM Offshore N.V.
Monaco to date has failed to initiate a single criminal investigation into highly credible and well documented allegations of bribery and corruption on the part of SBM Offshore. Instead, it has targeted the one person who blew the whistle and brought public scrutiny to such widespread financial crimes.
On 30 July 2020, over eight years after blowing the whistle on corruption, Jonathan travelled to Dubrovnik, Republic of Croatia for a family holiday. He was arrested at the airport on the basis of a communication issued by Monaco on what was originally stated to be allegations of bribery and corruption. Not only do these allegations have no proper basis in law or fact and constitute an abuse of process but crucially, Mr. Taylor, his lawyers and the Croatian Courts have since been informed in writing that Mr. Taylor is wanted for questioning to determine whether or not to charge him.
At no stage did the law enforcement or judicial authorities in Monaco seek his extradition from the United Kingdom, where Mr. Taylor has lived since 2013, until he was apprehended in Dubrovnik, for the very reason that they knew it would not succeed.
Mr. Taylor has made it clear since 2017, when he first became aware that his former employer, the Dutch listed SBM Offshore N.V. had lodged a criminal complaint in Monaco three years earlier, that he would answer any questions the authorities had of him from the United Kingdom, either remotely or in person. And since his unlawful detention in Croatia, the offer to answer questions there has been repeated on the agreement that he is able to return home to the United Kingdom.
For Jonathan to be returned to Monaco to face questioning in order to determine whether charges should be laid amounts to a clear act of retaliation for his having disclosed the corrupt practices of a major offshore oil firm and one of the largest private sector employers in the small principality.
In March 2021, after the Supreme Court of Croatia partially upheld a second appeal against extradition, the Dubrovnik court was ordered to seek further clarification from the Monegasque authorities regarding the status of the criminal proceedings for which Mr. Taylor was allegedly charged. A letter from the Director of Judicial Services in Monaco sent on 1 March 2021 confirmed there Mr. Taylor is not charged with anything as there are no criminal proceedings, nor is there any execution of a judgement for which he is wanted – which are the only two valid legal bases for seeking extradition. In fact, Interpol confirmed yet again on the 23rd March 2021 that Mr. Taylor is no longer subject to Interpol Red Notice. This after Monaco withdrew the arrest warrant in December 2020.
Further, now that Mr. Taylor’s status as a whistleblower has been confirmed by the Supreme Court of Croatia, even if the Minister accepts that conditions for extradition have been met, in light of Croatia’s duties and obligations under the EU Directive on the protection of whistleblowers and the clearly retaliatory nature of the Monegasque request to extradite Mr. Taylor for questioning, we humbly submit that the decision by the Minister should be to reject it.
Croatia is part of the European Union and one of the 27 Member States which must transpose the EU Directive on the protection of whistleblowers into its national legal system by December 2021. The Directive seeks to harmonise protections for those who report wrongdoing and corruption across Europe. It is crucial that Croatia upholds both the spirit and obligations of the Directive to ensure that whistleblowers are protected by law and this includes ensuring they are immune from civil and criminal liability for having blown the whistle. In a case of such serious corruption like this one, it is essential that vital anti-corruption whistleblower protections do not fall down between borders. To do otherwise, allows those involved in corruption to send a chilling warning to whistleblowers and investigative journalists across the globe that undermines all the efforts of the European Union and the Croatian Government to prevent and root out the corruption that undermines the fabric of its societies and the well-being of its people.
For these very important reasons, and because of his protected status as a whistleblower, we, the undersigned, urge you, the Minister of Justice, to uphold the Rule of Law, reject the extradition order and allow Jonathan Taylor to return home immediately.
Yours sincerely,
Anna Myers, Executive Director, Whistleblowing International Network
on behalf of the Jonathan Taylor Support Committee
Access Info Europe (Spain/Europe)
African Centre for Media & Information Literacy (Nigeria)
ARTICLE 19 (United Kingdom)
Blueprint for Free Speech (Australia)
Campax, Switzerland
Center for Whistleblowers Protection (Slovenia)
Centre for Free Expression (Canada)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
FIND – Financial Investigations (UK)
Free Press Unlimited (Netherlands)
General Workers Union Portugal (UGT-P)
GlobaLeaks (Italy)
Guernica 37 International Justice Chambers (United Kingdom)
Human Rights House Zagreb (Croatia)
Le Réseau Panafricain de Lutte contre la Corruption (UNIS)
Maison des Lanceurs d’Alerte (France)
OBC Transeuropa
Parrhesia Inc (UK)
Pištaljka (Serbia)
Protect (United Kingdom)
South East Europe Media Organisation (SEEMO), (Austria)
SpeakOut SpeakUp Ltd (United Kingdom)
Terra Cypria-the Cyprus Conservation Foundation (Cyprus)
The Daphne Caruana Galizia Foundation (Malta)
The Signals Network (USA/France)
Transparency International (Secretariat, Germany)
Transparency International Bulgaria
Transparency International EU
Transparency International Ireland
Transparency International Italia
Transparency International Slovenia
Vanja Jurić, Attorney at law (Croatia)
WBN – Whistleblower Netzwerk (Germany)
Whistleblowers UK
Baroness Kramer, Co-Chair of the All Party Parliamentary Group on Whistleblowing
Dr John O’Connor Physician and Whistleblower (Canada)
Martin Bright, Editor, Index on Censorship (United Kingdom)
Peter Matjašič, Senior Program Officer, Open Society Initiative for Europe (OSIFE)
Professor David Lewis, Middlesex University. (United Kingdom)
Professor Wim Vandekerckhove, University of Greenwich (United Kingdom)
Susan Hawley, Executive Director, Spotlight on Corruption (UK)
Thomas Devine, Legal Director, Government Accountability Project (USA)
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