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 opinionon 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)
[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.
Index strongly condemns the violent killing of investigative journalist Daphne Caruana Galizia https://t.co/BXmCF8Srcm
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.
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.
Index on Censorship’s Hannah Machlin reads from an article by Daphne Caruana Galizia on the lack of respect for women in Malta. #NoImpunitypic.twitter.com/XWbg44RQxk
“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.”
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.
Malta: Daphne Caruana Galizia’s son says the investigation into her murder could “shake up” the country’s establishment https://t.co/yxmMEG6Bf0
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 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.”
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.”
“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]
[vc_row][vc_column][vc_single_image image=”111701″ img_size=”large” add_caption=”yes”][vc_custom_heading text=”Con ocasión de las nuevas medidas aprobadas por Reino Unido para abordar el blanqueo de capitales en las Islas Vírgenes Británicas, Davion Smith trata otros problemas de secretismo que dificultan los esfuerzos de los reporteros por descubrir la verdad”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Al formar los expatriados una parte considerable de la población de las Islas Vírgenes Británicas, apenas hay naturales del país entre los periodistas que trabajan en la prensa generalista local. Procedentes de naciones con una legislación de libertad de información firmemente instaurada, se encuentran con una sociedad en la que el acceso a datos está complicado. Esto se debe a que, a día de hoy, aún no existen leyes de la información en este territorio británico de ultramar, pese a las peticiones de que se implementen.
Pocas personas conocen las dificultades asociadas a la ausencia de dichas leyes tan bien como Zan Lewis, un periodista para la televisión que lleva 18 años informando en la zona.
“Siempre ha sido difícil conseguir información, sobre todo cuando intentas hacerlo a través del Gobierno. Es bien sabido que el Gobierno tiende a cribar los datos”, comenta.
El protocolo cultural para la obtención de datos sobre cuestiones gubernamentales y expedientes públicos normalmente dicta que los periodistas contacten con los departamentos responsables en cada caso. Después, el reportero en cuestión ha de dirigirse a funcionarios que a menudo se muestran cautelosos sobre facilitar información de cualquier tipo.
Esta implacable reticencia está arraigada en el miedo de los funcionarios a represalias del Gobierno, que podrían resultar en perder su empleo; por ello, a veces, para eludir las preguntas de los reporteros, los funcionarios utilizan la expresión: “Nos han ordenado que no hablemos con los medios”.
“Probablemente tengan datos que sean públicos y nadie esté intentando esconder —dice Freeman Rodgers, editor del periódico BVI Beacon—. Pero, al no existir un sistema claramente definido o una ley que diga ‘esto es conocimiento público’ y ‘esto no lo es’, creo que los funcionaros tienen a pecar de precavidos y normalmente prefieren no darte la información que estás buscando”.
Naturalmente, no todo tipo de información es necesariamente inofensiva, y al no existir libertades definidas en ese respecto, es difícil identificar dónde empieza la corrupción.
El país ya ha sido testigo de un escándalo —si bien uno ajeno al control del Gobierno— en el que la dificultad de acceso a información fue fundamental. Estas pequeñas islas del Caribe, con una población de unos 30.000 habitantes, aparecieron directamente involucradas en las revelaciones de 2016 sobre paraísos fiscales, conocidas como Papeles de Panamá. El mes pasado se anunció que los territorios británicos de ultramar, las Islas Vírgenes incluidas, estarían obligados a revelar las identidades de los propietarios de compañías con sede allí desde que Reino Unido aprobara nuevas medidas para abordar el blanqueo de capitales y la corrupción. La medida las obligará a hacer públicos los nombres de los dueños de todas las empresas registradas allí antes del fin de 2020.
También en mi caso he visto ejemplos de cómo contactar con departamentos gubernamentales en busca de expedientes ha resultado en clásicos casos de cargarle el muerto a otra persona. Una vez me dirigieron al ministro al cargo del tema. El ministro quería mandarme donde el secretario permanente del ministerio, que a su vez me indicó que acudiera al responsable de subdirección. Poco después, y sin haber hecho muchos progresos, me volvieron a desviar al ministro del principio.
En estas circunstancias, las operaciones de investigación relacionadas con el Gobierno local han resultado a veces en reportajes muy superficiales. Los periodistas virgenenses, que practican su labor en lo que podría describirse como un entorno mediático antipático, dependen de la información facilitada por chivatos que a menudo insisten mantener el anonimato. Esto ha llamado la atención del primer ministro de las Islas Vírgenes, Daniel Orlando Smith, que ha señalado los casos en aumento de denuncias anónimas y concluido por lo tanto que, en efecto, sí existe “libertad de información” en el territorio.
“Hasta cuando no hago público un documento acaba saliendo a la luz: eso es libertad de información”, aducía en una de sus intervenciones en una conferencia de prensa a principios de año.
Pese a la ausencia de estas leyes fundamentales, y pese a las dificultades que ello conlleva, tanto Freeman como Lewis han dado parte de una mejora en las circunstancias para acceder a información en las islas estos últimos años. Le atribuyen esta mejora al auge del llamamiento por una legislación que garantice la libertad de información.
“Hace 12 años, cuando llegué, no dejábamos de pedirlo. Al principio parecía que no nos escuchaba nadie, pero ahora creo que hay quienes han empezado a hacerlo, y que la gente está empezando a darse cuenta de su importancia. Creo que eso ha ayudado a que la información sea más accesible”, cuenta Freeman, que emigró desde EE.UU. para trabajar en las islas.
A lo largo de los años, los llamamientos a la legislación han provenido del antiguo comisionado de denuncias, el ya fallecido Elton Georges, y del exgobernador John Duncan, entre otros.
Augustus Jaspert, recientemente nombrado Gobernador de las Islas Vírgenes Británicas, ha puesto la instauración de dicha ley sobre la mesa. El pasado marzo, en su “Discurso desde el Trono” —una tradición con la que el Gobierno expone ante el parlamento los próximos puntos por tratar en su programa—, Jaspert prometió introducir un proyecto de ley de libertad de información en la Asamblea Legislativa del territorio antes de concluir el año.
“Esta legislación permitirá una mayor transparencia y más responsabilidad en cuanto a asuntos públicos —dijo—. El proyecto de ley incluye la recomendación de instaurar una Unidad de Libertad de Información que facilite al público los mecanismos administrativos adecuados para realizar y recibir solicitudes”.
Sin embargo, esta no es la primera vez que se promete una propuesta de ley de este tipo. Según la hemeroteca del BVI Beacon, las promesas de instaurar dicha ley se remontan a 2004.
El periódico dio parte de una Comisión de Reforma Legislativa que en 2004 emitió un informe al Gobierno de las Islas Vírgenes Británicas en el que recomendaba legislación concerniente a la libertad de información.
Desde aquello ha habido dos administraciones en el poder, ninguna de las cuales parece haber avanzado en absoluto en la implementación de la ley. Y, mientras las islas siguen demorándose en la tarea, el Gobierno actual ha de hacer frente a numerosas críticas sobre su falta de transparencia y evasión de responsabilidades.
Cabe reconocer el mérito de las críticas, dado que la prensa —y, por extensión, el público— lleva alrededor de una década incapaz de realizar un escrutinio exhaustivo de las operaciones del Gobierno de las islas. En 2017 se marcaron unos 10 años desde que el Gobierno produjera su último informe o auditoría financiera, y se halla actualmente en el proceso de preparar informes de carácter retroactivo.
Las críticas han surgido desde la propia administración de Smith, con la consiguiente división que ha provocado entre miembros del Gobierno. Según un reportaje online de BVI News, de marzo de 2018, ciertos miembros del Gobierno declararon que el primer ministro del país habría iniciado ciertas actividades en departamentos y ministerios «sin el conocimiento o consentimiento de los ministros constitucionalmente responsables de esas cuestiones».
El Gobierno también ha recibido críticas de la oposición parlamentaria. Otras naciones caribeñas, como San Cristóbal y Nieves, Jamaica, Guyana, Trinidad y Tobago o la República Dominicana ya han implementado leyes de libertad de información.
En vista de lo que puede describirse como ejemplos flagrantes de gestión cuestionable en las Islas Vírgenes Británicas, las demandas de una legislación por la libertad de información se están incrementando. Este aumento es bienvenido entre la pequeña fraternidad de periodistas que defienden la capacidad de la libertad de información para promover la asunción de responsabilidades, la transparencia y el buen gobierno.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Davion Smith es reportero para BVI News. Vive en la isla de Tórtola.[/vc_column_text][/vc_column][/vc_row]
[vc_row full_width=”stretch_row_content_no_spaces” full_height=”yes” css=”.vc_custom_1556705695442{background-image: url(https://www.indexoncensorship.org/wp-content/uploads/2019/01/investigative-journalism-cover-2480.png?id=104855) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: contain !important;}”][vc_column][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Targeting the messenger: Investigative journalists under extreme pressure” font_container=”tag:h1|text_align:left” use_theme_fonts=”yes”][vc_custom_heading text=”There is a distinct lack of awareness among decision makers about how bad the situation is for journalists reporting on corruption” use_theme_fonts=”yes”][vc_column_text]What do criminals, corrupt corporations and crooked politicians have in common? They all fear investigative journalists, whose job is to expose wrongdoing and hypocrisy by holding the powerful to account.
From the groundbreaking UK-based Bellingcat and the well-regarded multi-national Organised Crime and Corruption Reporting Project, to the uncovering of the Panama and Paradise Papers, the dogged reporting and dedication of investigative journalists is clear. Yet these success stories mask the encroaching pressures that threaten to undermine efforts to expose the corruption eating at the foundations of European democracy.
For their work, investigative reporters have come under threat from multiple sources with the shared aim of stopping information that’s in the public interest from coming to light. Index on Censorship’s Mapping Media Freedom project, which monitors violations against media professionals throughout Europe, recorded 206 cases of investigative journalists in the 35 countries that are in or affiliated with the European Union (EU35) being targeted in their line of work between 1 May 2014 and 31 December 2018. An additional 77 reports from EU35 showed media workers other than investigative journalists being targeted for their role in reporting on corruption.
Under-financing and business models that don’t offer proper support are major problems for investigative journalism in general, but Mapping Media Freedom has also uncovered a litany of methods that have been employed as a direct means to censor journalists, including intimidation (96 instances), defamation (53), laws or court orders curtailing media outlets or workers (48), psychological abuse (35) and blocked access (48). Media workers were also physically attacked on 27 occasions and had their property attacked on 28. Civil lawsuits were taken against journalists on 27 occasions, and criminal charges were brought against journalists on 23.
The country with the largest share of reports was Italy (40), followed by Hungary (25), Serbia (24), France (19) and Turkey (18). “In these five years in Italy, investigative journalism has become increasingly risky, both for journalists themselves and for the media,” Alberto Spampinato, the director of Ossigeno per l’informazione, an Italian press freedom monitor, told Mapping Media Freedom.
Violations of media freedom regarding investigative journalists and those reporting on corruption reported to Mapping Media Freedom per annum went from a low in 2014 of 38, to a high of 75 in 2018 (2015: 51; 2016: 61; 2017: 58).
Mapping Media Freedom’s numbers reflect only what has been reported to the platform. We have found that journalists under-report incidents they consider minor, commonplace or part of the job, or where they fear reprisals. In some cases, Mapping Media Freedom correspondents have identified incidents retrospectively as a result of comments on social media or reports appearing only after similar incidents have come to light.[/vc_column_text][vc_single_image image=”106538″ img_size=”full”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-file-pdf-o” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”A crisis for journalism” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Anuška Delić, a Slovenian OCCRP editor who founded Oštro, a centre for investigative journalism in the Adriatic region, told Mapping Media Freedom that there was a distinct lack of awareness among international and national decision makers about how bad the situation was across Europe for journalists reporting on corruption. “It is usually independent media or journalism centres that are investigating corruption,” Delić said.
Delić pointed out that most corruption reporting did not take place in the mainstream media, except in France, Germany and Scandinavia, where journalism had a better standing. Independent and non-profit media outlets were among the most vulnerable to financial pressures and the target of frequent threats, whether in terms of staff safety or lawsuits. She warned that more EU member states – Hungary, Poland, the Czech Republic and, to an extent, Slovakia, Italy and Austria – were failing to live up to democratic standards. Delić said there had been a failure at the European Union level to realise freedom of the press did not actually exist in those nations: “How many journalists have to die before we realise something is wrong?”
After spending 13 years working for Delo, Slovenia’s largest newspaper, Delić said she had to leave her position after a new editor-in-chief, “who wanted only to do PR for the owner”, took charge. This change of editorial direction left Slovenia with a lack of outlets where journalists could report on corruption, and exacerbated the low level of funding for investigative centres such as Oštro, which aims to carry out the investigative role that mainstream media used to fulfil.
Independent media outlets that engage in investigative journalism are also under pressure in Malta, independent political blogger Manuel Delia told Mapping Media Freedom. “A big chunk of the media is owned by political parties. We have a two-party system and a heavily polarised society,” he said.
Delia said that since 1990, Malta’s two big political parties – the Labour Party and the Nationalist Party – have each owned newspapers and television stations, giving “two contradictory visions of reality”. Maltese people, he said, assumed that journalists in the island nation represented and spoke for political interests. “This makes independent journalism really difficult.”
Bulgaria’s media, according to Bivol investigative journalist Atanas Tchobanov, operates in a toxic environment, with most outlets controlled by the Bulgarian government or business interests closely aligned with the country’s politicians. Mediapool journalist Polina Paunova agrees, saying that the Bulgarian media has either been bought by businessman Delyan Peevski, who is also a National Assembly member, or is “under his covert influence”.
Media concentration has become a growing issue for journalists across EU35, notably in Hungary.
Serbia is one of the worst countries in EU35 for freedom for investigative journalists. “Even if there are good media and investigative journalists, for example BIRN, KRIK, CINS, Insajder and others, the situation is very bad,” Chiara Sighele, project director for the Osservatorio Balcani e Caucaso Transeuropa, told Mapping Media Freedom. “You have the big power of the mainstream tabloids and mainstream TV programmes, and it’s hard to challenge this power with investigative stories.”
“We have to consider the cost of investigative journalism, in a country where national television and most of the media are completely controlled through the advertising market by the political party in power,” Sighele added.[/vc_column_text][vc_custom_heading text=”Dark new trend” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”100187″ img_size=”full”][vc_single_image image=”98320″ img_size=”full”][vc_single_image image=”103114″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]The assassination of independent Maltese investigative journalist Daphne Caruana Galizia in a car bomb on 16 October 2017 marked a dark new trend emerging in the EU35: the murder of three investigative journalists in less than 12 months. Caruana Galizia’s death was followed by the murder of Slovakian journalist Ján Kuciak and his partner Martina Kušnírová on 26 February 2018, and the rape and murder of Bulgarian journalist Viktoria Marinova on 6 October 2018. Authorities say Marinova’s death is not connected to her being a journalist, a claim some colleagues have disputed.
There is a marked contrast in the reactions to the deaths of Caruana Galizia and Kuciak in Malta and Slovakia. In Slovakia, Kuciak’s death acted as a tipping point, prompting mass protests and causing politicians to resign. The culture minister stepped down following the murder and later left the ruling party.
“Kuciak’s death changed everything, and it feels that until the next presidential elections, in March 2019, we’re going to be in limbo,” said Slovak journalist Michaela Terenzani, editor-in-chief of The Slovak Spectator. She added that the widespread coverage of the murder, coupled with the public outrage, have created an atmosphere that has encouraged more journalists to dig into allegations of corruption.
“After Kuciak’s killing, the atmosphere was one of co-operation between journalists who published joint investigative reports,” Terenzani added. “They have kept reporting on new scandals linked to the government.”
In Malta, Caruana Galizia’s death was received differently. Delia said: “Our culture minister had been marching in Paris after the Charlie Hebdo murders but after Caruana Galizia was murdered he went to Dubai to sell passports. The government was intent on demonstrating it was business as usual.”
Delia thinks the country is so polarised that only a small part of the Maltese population has been impacted by the journalist’s death.
Impunity is a major problem in the murder of journalists, and not just for those who carry out the crime. Times of Maltajournalist Ivan Camilleri told Mapping Media Freedom: “I think there was a genuine effort to solve [Caruana Galizia’s] murder. I don’t think there was a genuine effort to find who commissioned it.”
Regarding Marinova’s murder, Tchobanov recently told OCCRP that corruption was rife within the police and the judicial system in Bulgaria, pointing at inconsistencies within the current state of the investigation. “If [evidence] disappears, it can also appear to promote a version the authorities like. They have been lying to cover sensitive affairs. Why should we trust their words now?”
The man arrested in relation with Marinova’s murder said he regretted killing her and didn’t remember exactly what had happened. Paunova had a different perspective. “Because of the polarisation of the Bulgarian society at the beginning of Marinova’s case, some of the citizens declared that she was a victim of her work and another part categorically denied that it was possible. That’s why the impression of something hidden was created. Most evidence suggests that the brutal death of Marinova has no connection with her job. But the court will be the judge of this.”[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”Physical assaults” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]In the incidents surveyed for this report, Mapping Media Freedom recorded 28 incidents in which investigative journalists or those media workers reporting on corruption were physically assaulted across 12 countries. Italy was the country with the most reports of physical assaults (6), followed by Croatia (5) and Kosovo (4).
“Threats of aggression and violent acts against investigative journalists seem to be more and more common,” Mehmet Koksal, project officer for the European Federation of Journalists, the European regional organisation of the International Federation of Journalists, the global union federation of journalists’ trade unions, told Mapping Media Freedom.
On 23 March 2017 freelance journalist Stefano Andreone was beaten by three men in a bar in Cardito, in the province of Naples, Italy. Federazione Nazionale Stampa Italiana, the unitary trade union of the Italian journalists, linked the violence to a website Andreone created and manages, which published allegations of corruption on exhumations in the local cemetery. Andreone had to receive emergency care in the hospital of Frattamaggiore.
“With its continuous monitoring Ossigeno keeps the focus on threats and reprisals against journalists,” Spampinato said. “This attention is already in itself a system of protection for reporters.”[/vc_column_text][vc_custom_heading text=”Threats and intimidation” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]“The Council of Europe study on self-censorship among journalists has shown that the main form of pressure is ‘psychological violence’, which is mainly visible by intimidation used by public authorities which has a clear chilling effects on media freedom. We are convinced that many investigative journalists are the target of this type of bullying,” Koksal said.
Between 1 May 2014 and 31 December 2018, Mapping Media Freedom recorded 34 instances of psychological abuse, including verbal harassment, offline bullying, and 96 instances of intimidation, where a media worker is menaced as a result of their work.
Such violations are a major problem in Bulgaria. “Pressure we face ranges from calls demanding we change an article to physical threats,” Tchobanov said. He added that staffers had been subjected to death threats, which they reported to authorities, international organisations and local unions, but “nobody is protecting us”.
The threats against Bivol are wide ranging, from when staffers were informed in June 2015 that an attack was being planned against them to December 2016 when journalist Dimitar Stoyanov received threats both in the run-up to and after publishing several major investigative reports about alleged embezzlement of public funds with links between Bulgarian government officials and criminal groups. “The worst is when they threaten to ‘remove you’,” Tchobanov said, referring to implied death threats. Paradoxically, the staff at Bivol have used these incidents to reinvigorate their investigations, engaging in a new strategy that Tchobanov jokingly calls “publish or perish”.
“The future is very uncertain,” Spampinato told Mapping Media Freedom. Although there have been threats to remove protection from Italian investigative journalist Roberto Saviano — who has received death threats for his reporting of the Italian mafia — following an argument with Italy’s interior minister, Matteo Salvini, thankfully no such action has been taken so far, Spampinato added. “The Italian protection system remains the best among all the known systems.”[/vc_column_text][vc_custom_heading text=”Legal measures” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]For journalists reporting on corruption, the threat of legal action is a very serious one, which impacts what one is able to write, particularly for investigative centres with limited resources. Rubino, who recently worked on the CumEx file investigation into a tax fraud scheme discovered in 2017, said: “There are many things we weren’t able to report because there was no ongoing criminal investigation, only an administrative one, and we didn’t want to be sued because that’s automatically thousands of euros spent in legal fees.”
“Reporting on the use of European funds in Bulgaria is important, and it’s important to do it across borders,” said Tchobanov. “We are trying to find patterns and to push the authorities to investigate. The Bulgarian prosecution office is currently investigating only 0.04 per cent of the €5 billion which has been allocated by the European Commission to Bulgaria.”
Delia spoke of a similar pattern in Malta. “Although there are revelations in the press, they have no effect. This increases the vulnerability of journalists who are then portrayed as obsessive crusaders.” In Malta, repeated defamation lawsuits were filed against Caruana Galizia, who had pursued corrupt businesses and politicians as part of her investigative work, prior to her murder. On 21 February 2017 Maltese government minister Chris Cardona and his policy aide Joseph Gerada posted public messages on Twitter taunting reporter Mario Frendo about court action they planned to take against him.
Malta’s investigative journalists have also been ostracised and vilified. Politicians and businesses use lawsuits, public relations and innuendo to ridicule and sow doubt about reportage, as highlighted in the summer 2018 issue of Index on Censorship magazine.
Tchobanov cited audits by tax authorities, something that repeatedly happened to Serbian newspaper Juzne Vesti, as a tactic employed by politicians to retaliate against news outlets. In Bulgaria, authorities froze the assets of Ivo Prokopiev, who publishes the newspapers Capital and Dnevnik. “All the power of the state is used against free media publishers,” Paunova told Mapping Media Freedom.[/vc_column_text][vc_custom_heading text=”Arrest and detention” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Between May 2014 and December 2018, Mapping Media Freedom recorded 17 instances of arrest or detention against investigative journalists. At 7am on 31 August 2018, armed police in boiler suits arrived at the home of Belfast-based award-winning journalist Barry McCaffrey with a search warrant. McCaffrey is the reporter behind Alex Gibney’s 2017 documentary about the 1994 Loughinisland pub massacre during the Northern Irish Troubles, No Stone Unturned. At the same time, around 30 armed police arrived at the home of Trevor Birney, the producer of No Stone Unturned, and confiscated items, including a broken pink phone.
Both men were arrested. The journalists were told that “on October 4th, 2017, the Police Ombudsman for Northern Ireland reported the theft of two ‘secret’ documents from their offices”. The arrests, they were told, were in connection with suspicion of theft, the handling of stolen goods, the unlawful disclosure of information and the unlawful obtainment of personal data. It later transpired that the Ombudsman for Northern Ireland had made no such complaint about the work of the journalists.
“The Loughinisland massacre was one of the most traumatic events in the history of the Troubles. The investigative work of Birney, McCaffrey and Fine Point Productions was a textbook example of public interest journalism, raising fundamental investigations into the police investigation, proving police collusion and taking risks within a dangerous environment, legally and otherwise, by naming suspects,” Séamus Dooley, assistant general secretary of the National Union of Journalists, a trade union for journalists in the UK and Ireland, told Mapping Media Freedom. “The arrests, the disproportionate use of police power and the flawed legal process serve to undermine the work of the journalists involved and, importantly as a deterrent to other journalists.”
“Given the legacy of the Troubles there are a number of journalists and film production companies who may be deterred by the legal barriers now confronting Barry and Trevor,” Dooley added. “The abuse of process and the use of judicial procedures by the PSNI in these circumstances shows that in Northern Ireland there is a grave lack of respect for journalists or journalism.”[/vc_column_text][vc_custom_heading text=”Access to information” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Investigative journalists working across EU35 highlight the difficulties in accessing information. Camilleri routinely uses Freedom of Information requests. “There are clearly attempts from the government to make matters take longer,” he said. “The government is not friendly with the independent media at all. The office of the PM employs five to six people, all former Labour employees, who are supposed to answer the media but don’t. They act as gatekeepers. I send questions. They never answer.”
In January 2016 a journalist was prohibited from entering the Maltese Lands Authority offices where he was planning to check records for an investigation into allegations of corruption against the government agency.
Tchobanov told Mapping Media Freedom: “The main difficulty is access to information. Bulgarian and European authorities are very secretive.” Bivol journalists have requested details on Bulgarian officials in receipt of EU funds only to receive incomplete and some incorrect data, which left them unable to properly track the money. Tchobanov added that the publication has to “fight with Bulgarian and Brussels authorities” to get information, often to no avail.
Dragging their feet on FOI requests isn’t the only tactic Bulgarian authorities use to throw up barriers to investigations into corruption. In December 2016 Bivol journalist Dimitar Stoyanov received threats after reporting on alleged corruption, embezzlement of public funds and links between Bulgarian officials and criminals. In September 2018two journalists were arrested after filming people burning documents in a field while conducting an investigation into alleged fraud involving EU funds.
“Investigative journalists [in Serbia] are facing difficulties despite a very good law on access to information: the major institutions do not give them access to the most relevant documents,” Sighele said. “The main problem in Serbia is the current regime leaded by the president Aleksandar Vučić, who is trying to silence the non-aligned media and to minimize the role of the investigative journalism.”[/vc_column_text][vc_custom_heading text=”Denigration of journalists” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Journalists are at risk of slander from politicians in Malta and Bulgaria especially and, to a lesser extent, in Slovakia. In Malta, Delia said he had been portrayed “as a traitor by the Labour party press”.
Official willingness to discredit and defame journalists is a Europe-wide phenomenon, but one that is especially acute for independent media outlets that specialise in investigative journalism into official corruption. Politicians at all levels of national and local governments have used their platform to smear journalists and their outlets to undermine often embarrassing revelations. In Bulgaria, this trend has seen journalists, journalist groups and unions labeled foreign agents, manipulators and, in the case of the Association of European Journalists — Bulgaria, “scum” and “paid urinals”.
In July 2018 Tchobanov was insulted on Facebook by a Bulgarian MEP Nikolay Barekov, who was under investigation by Bivol. In 2015 Bivol was the target of a smear campaign in mainstream media outlets that appeared to be prompted by investigations into alleged draining of cash from a Bulgarian bank through offshore companies, and abuse of European Union funds, which implicated several bankers and politicians, including the media mogul and lawmaker Peevski.
Terenzani said Slovakia has seen incidents of politicians denigrating journalists. “The leader of the ruling party is saying horrible things about journalists constantly. Everything we know about the murder [of Ján Kuciak] suggests that politicians are responsible at some level, because of the atmosphere they have created.”[/vc_column_text][vc_custom_heading text=”What should be done?” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]Mapping Media Freedom’s report into the targeting of investigative journalism highlights issues affecting the accurate reporting of issues that are in the public interest to know. What should be done to reverse this dangerous trend and to make investigative journalism safer?
Index on Censorship first and foremost recommends that all charges against investigative journalists who have been arrested, imprisoned or who are facing legal action must be dropped. Laws designed to impinge on the work of investigative journalists must be reconsidered, and stronger provisions put in place so the right to access to information is respected.
“It is necessary to change some legislation but the political will to do it is lacking,” Spampinato told Mapping Media Freedom. “It is also necessary that journalists and publishers join forces to tackle problems together and reduce the most frequent risks.”
“States should facilitate the work of investigative journalists by strengthening legal protections: decriminalisation of defamation; legal protection of journalistic sources; laws guaranteeing access to public data; transparency laws; legal protection of whistleblowers,” Koksal told Mapping Media Freedom “It is the responsibility of states to guarantee an environment that favours the work of investigative journalists.”
Koksal added that the public, either through public or financial support, can play a big role in improving conditions for investigative journalists. “Journalism is a public good and should be considered as an act on behalf of the public’s right to access information,” he said.
According to NUJ’s Dooley and Koksal, membership of a trade union or professional association feel better supported when facing pressure. “It is the duty of journalists’ organisations to provide effective support, which starts with the public reporting of threats and the provision of concrete support (legal aid, financial assistance, etc.) to investigative journalists under threat,” Koksal added.
The NUJ has been working alongside investigative journalists who face difficulty in the UK and Ireland, such as Birney and McCaffrey, as well as showing solidarity with journalists facing difficulty elsewhere, including Bulgaria and Turkey, which Dooley said are countries of “profound concern”.
Finally, governments must respect the right of journalists to protect confidential information and sources. This is vital, especially in cases involving whistleblowing in the public interest.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]
About this report
This report is part of a series based on data submitted to Mapping Media Freedom. This report reviewed 283 incidents involving investigative journalists from the 35 countries in or affiliated with the European Union between 1 May 2014 and 31 December 2018.
Mapping Media Freedom identifies threats, violations and limitations faced by media workers in 43 countries — throughout European Union member states, candidates for entry and neighbouring countries. The project is co-funded by the European Commission and managed by Index on Censorship as part of the European Centre for Press and Media Freedom (ECPMF).
Index on Censorship is a UK-based nonprofit that campaigns against censorship and promotes freedom of expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. Index promotes debate, monitors threats to free speech and supports individuals through its annual awards and fellowship program.
AUTHORS Valeria Costa-Kostritsky and Ryan McChrystal
EDITING Adam Aiken, Sean Gallagher and Jodie Ginsberg with contributions by Joy Hyvarinen, Paula Kennedy and Mapping Media Freedom correspondents: João de Almeida Dias, Adriana Borowicz, Ilcho Cvetanoski, Jonas Elvander, Amanda Ferguson, Dominic Hinde, Investigative Reporting Project Italy, Linas Jegelevicius, Juris Kaza, David Kraft, Lazara Marinkovic, Fatjona Mejdini, Mitra Nazar, Silvia Nortes, Platform for Independent Journalism (P24), Katariina Salomaki, Zoltan Sipos, Michaela Terenzani, Pavel Theiner, Helle Tiikmaa, Christina Vasilaki, Lisa Weinberger
