In memory of Viktor Fainberg, 1968 Red Square demonstrator

The prominent Soviet-era Russian dissident Viktor Fainberg died this week at the age of 91. Fainberg, who was a philologist, was one of the eight people who protested in Red Square, Moscow on 25 August 1968 against the Soviet invasion of Czechoslovakia, alongside Pavel Litvinov and the late poet Natalya Gorbanyevskaya, among others. Despite the protest lasting only five minutes, all were arrested by the Soviet authorities.

All these people were instrumental in the founding of Index, as Jo-Ann Mort’s interview with Pavel Litvinov, published here, shows.

On Fainberg specifically, after his arrest he was brutally assaulted by the police to the point where he could not physically stand trial. Fainberg was examined, then sent to a Leningrad psychiatric hospital for over four years with no evidence of mental illness – details of which he shared with the translator Richard McKane who he met at an Index on Censorship party in the 1970s. He was then diagnosed with schizophrenia, which was a common tactic during the Khrushchev era to repress dissenters and silence voices of criticism in the Soviet Union, which continued into the Brezhnev era.

In the spring of 1971, Fainberg staged an 81-day hunger strike against conditions in the psychiatric hospital, and was eventually released in February 1973.

Fainberg founded the Campaign Against Psychiatric Abuse in April 1975, an organisation which campaigned against the abuse of human rights through misuse of psychiatry in the Soviet Union. The country withdrew from the World Psychiatric Association in 1983.

After his release, Fainberg, born into a Jewish family in Kharkiv, Ukraine on 26 November 1931, initially moved to Israel before settling in France in later life.

Index patron Tom Stoppard’s play Every Good Boy Deserves Favour was jointly dedicated to Fainberg, and Stoppard himself joined Index’s advisory board in 1978 after writing about Fainberg’s incarceration.

In 2014, Fainberg received the Medal of the President of the Slovak Republic for his actions in 1968, and in 2018 received the Gratias Agit award from the Czech Ministry of Foreign Affairs for promoting the good name of the Czech Republic.

He kept up his activism to the end, shifting his focus to Ukraine. Years before the recent invasion, Fainberg spoke out against the Kremlin’s Ukrainian political prisoners. He also warned of the “shadow of Munich hanging over Europe”.

In his 2015 letter to abducted Ukrainian military pilot Nadiya Savchenko, who was on hunger strike in a Russian prison, he wrote “I was born in Ukraine, in Kharkiv.  The first nature that I saw, the first songs that I heard, were the nature and the songs of Mother Ukraine”. At the end of the letter, Fainberg told Savchenko that he was joining her hunger strike (which she later agreed to end). Fainberg also attended many protests in Paris, demanding the release of Ukrainian filmmaker Oleh Sentsov.

On news of his death Mikhail Khodorkovsky, the Russian businessmen who was himself jailed for falling foul of the Putin regime, said:

“He was an amazing, remarkable man who felt other people’s pain as if it were his own. The world is a different place without him – even less human, even colder.”

A dark light

It shouldn’t have taken a murder. Surely it didn’t need a car bomb in a quiet Maltese town. Daphne Caruana Galizia did not need to die for Europe and the rest of the world to take notice of media freedom’s precarious foundations. But to our shame, it did.

Five years ago today, Daphne was murdered by a car bomb that exploded when she was moments from her front door. But the car bomb was only the mechanism by which she was silenced. Daphne was murdered by the opaque but powerful forces that first encourage, before demanding and eventually forcing silence. But she was never rendered mute, even now.

In the years that have followed, Europe has wrestled both with her legacy – what her investigations revealed – as well as the legacy of her killing – what her murder revealed. In the aftermath of similar killings in Northern Ireland (Lyra McKee), Slovakia (Ján Kuciak and Martina Kušnírová), Greece (Giorgos Karaivaz) and the Netherlands (Peter R. de Vries), as well as increased attention on the use of strategic lawsuits against public participation (SLAPPs), Europe has been forced to address an uncomfortable reality: journalists are at risk all across the continent. And so, by extension, is European democracy.

This is the dark light that bathes Europe, a light emanating from the brutal collapse of the rule of law but also a light that can illuminate what is broken. In the five years that have passed since her death, Daphne’s family have had to fight for every inch to demand both justice for Daphne and accountability for Malta. Whether this was to demand a public inquiry, pressing for progress in the criminal investigation, and putting SLAPPs on the European agenda, the rage, sadness and fury has fuelled a reckoning that has helped bring forward a proposed European Commission directive on SLAPPs, a Europe-wide coalition of organisations fighting to upend this form of lawfare, as well as similar movements at a national level.

In the UK, spurred on by Russia’s unlawful invasion of Ukraine, the UK Government announced in July 2022 an anti-SLAPP mechanism that could limit how UK courts are abused to silence critical speech. As we wait to see what happens – especially after the change in Prime Minister and her cabinet – we hope we are at the threshold of something significant. It is important to remember that a number of the libel threats against Daphne were deployed with the aid of London-based legal expertise – SLAPPs cannot be confined within national borders.

But we must return to Malta to remind ourselves of the pitfalls. Recently announced reforms aimed at protecting journalism, including much-vaunted anti-SLAPP protections, have had to be hurriedly frozen by the Prime Minister after being widely derided as inadequate, both in terms of content, falling far short of the proposed EC Directive, and process. The Institute of Maltese Journalists (IGM) had threatened to step away from the Committee of Experts unless “meaningful” consultation takes place. This was echoed by both the International and European Federations of Journalists (IFJ and EFJ) who have joined the call for the legislation to be withdrawn, as reported in Maltese outlet, NewsBook: “no proposal on media legislative reform should be submitted to the parliament without a transparent public consultation. This is all the more crucial in a country where a state holds some form of responsibility for the killing of a journalist.” While appearing to be fuelled by a desire to be the first EU nation to bring forward national legislation responding to SLAPPs, a grimy sense of competitive haste has seemingly triumphed over a commitment to genuine and meaningful protections.

Today, vigils remembering Daphne’s legacy – her life, her writing, and her commitment to the public’s right to know – are taking place across Europe, in London, Valletta, Brussels and Edinburgh to name a few. But wherever we are, we must ensure that by remembering Daphne’s life, we are reminded of our commitment to protect journalists against vexatious legal threats, physical attacks and every act that isolates, demonises or targets them.

Progress is slow and halting and will not proceed from one point to the next without obstruction – Malta’s current reform process is testament to that – however, the greatest way we can honour Daphne is by moving with purpose to ensure what happened to her cannot happen to another journalist. The dark light has illuminated what needs to change and the urgency with which it must change. It should not have taken the murder of a journalist for this to happen and we must not forget the darkness that sparked this push for greater protections, a darkness that robbed a family of the private space in which to mourn, but we must follow where the light leads. For in Daphne’s words, “There are crooks everywhere you look. The situation is desperate.

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...

A memorial for the man who told the world about the Babyn Yar massacre

Anatoly Kuznetsov is the author of Babi Yar: A Document in the Form of a Novel. His memoir is a masterpiece of Ukrainian literature and a testament to the 30,000 Jews massacred at Babyn Yar (the Ukrainian spelling), Kyiv in September 1941. Today it would probably be called “autofiction”, a form of writing where autobiography borrows from the techniques of narrative fiction. However, for Kuznetsov, it is only the form which is novelistic, nothing in the book is fictionalised.

“I am writing it as though I were giving evidence under oath in the very highest court and I am ready to answer for every single word. This book records only the truth – AS IT REALLY HAPPENED.”

The book records the events following the German invasion of Ukraine in 1941 up until Soviet forces recaptured Kyiv at the end of 1943. But it also discusses the Soviet rewriting of history after the end of World War II and the terrible disaster in 1961 that followed the literal burying of the site of the atrocity in sludge and mud.

We only have the full text of this remarkable book because Kuznetsov defected to the UK in 1969 after finally losing faith in the Soviet Union after the invasion of Czechoslovakia the previous year. He smuggled the manuscript out in films hidden in his clothing and this was later translated by the Daily Telegraph journalist David Floyd, who had helped him defect.

Kuznetsov is buried in Highgate Cemetery, two plots up from actor Sir Ralph Richardson and just across from artist Patrick Caulfield and deserves to be just as celebrated. And yet, the grave is unmarked. Pilgrims to the monument to Karl Marx walk past this anonymous plot every day without realising that they are passing the last resting place of one of the most eloquent witnesses to the horrific human cost of totalitarian ideology.

There is now a crowdfunder to raise a headstone for Anatoly Kuznetsov, which has already received wide support.

Luke Harding, the Guardian foreign correspondent and author of several books on Russia recently described Kuznetsov’s book as “a brilliant documentary novel”… “a vivid, terrible and authentic account”.

Babi Yar: A Document in the Form of a Novel is presently only available in English in an old American edition from 1970, but it is surely only a matter of time before an enterprising publisher does this great book justice.

There is a fascinating piece in the Index on Censorship archive on Kuznetsov from 1981, two years after the writer died in London. The article, written by film critic Jeanne Vronskaya, discusses two films that were adapted from Kuznetsov short stories in the 1960s: We Two Men and Dawn Meeting. Each, in very different ways, was destroyed by the Soviet censor.

The first was a slice of 1960s neo-realism about a drunken driver who reassesses his life after an encounter with an orphan. The film showed gritty scenes of rural life and included real country people as extras. The film initially avoided the attention of the authorities and was due to be celebrated at a gala event during the 1963 Moscow film festival. But on the day of the screening the film was pulled.

Kuznetsov characterised the attitude of the Communist Party to the film in his interview for Index: “How can we represent the USSR with a picture that shows women dressed in terrible headscarves, snotty-nosed children, rough roads, privately owned geese, illegal private work, and without so much as a mention of the leading role of the Party?”

The film was shelved and a more suitable example of Soviet film making shown in its place. (By way of a sidenote, Fellini’s 8 1/2 won the gold medal at the festival, although the great Italian director’s masterpiece was never distributed in the Soviet Union).

The second attempt at adapting a Kuznetsov story was even more of a fiasco. Dawn Meeting was the story of a milkmaid struggling to survive in the collective farm era. When the censor saw the film, cuts were demanded to make the film more upbeat and patriotic. When Kuznetsov saw the final result he was horrified: “I sat there watching a film that was completely strange to me: about the raising of the standard of living in a progressive, prosperous collective farm, first class houses, excellent clothes, collective farm songs from Moscow Radio’s record library, fields heavy with wheat, and happily smiling collective farmers all over the place.” In a final twist, Dawn Meeting was on billboards all over Moscow when Kuznetsov left for the UK in 1969.

If these short stories are half as good as Kuznetsov’s masterpiece, Babi Yar, then they also deserve a wider readership. But it is his memoir that will act as his testament.

“I wonder if we will ever understand that the most precious thing in this world is a man’s life and his freedom? Or is there still more barbarism ahead?”  Kuznetsov wrote those words in 1969. He did not need to answer his own question.