Joint statement on death sentence of Palestinian poet Ashraf Fayadh

We, the undersigned organisations, all dedicated to the value of creative freedom, are writing to express our grave concern that Ashraf Fayadh has been sentenced to death for apostasy.

Ashraf Fayadh, a poet, artist, curator, and member of British-Saudi art organisation Edge of Arabia, was first detained in August 2013 in relation to his collection of poems Instructions Within following the submission of a complaint to the Saudi Committee for the Promotion of Virtue. He was released on bail but rearrested in January 2014.

According to court documents, in May 2014 the General Court of Abha found proof that Fayadh had committed apostasy (ridda) but had repented for it. The charge of apostasy was dropped, but he was nevertheless sentenced to four years in prison and 800 lashes in relation to numerous charges related to blasphemy.

At Ashraf Fayadh’s retrial in November 2015 the judge reversed the previous ruling, declaring that repentance was not enough to avoid the death penalty. We believe that all charges against him should have been dropped entirely, and are appalled that Fayadh has instead been sentenced to death for apostasy, simply for exercising his rights to freedom of expression and freedom of belief.

As a member of the UN Human Rights Council (HRC), the pre-eminent intergovernmental body tasked with protecting and promoting human rights, and the Chair of the HRC’s Consultative Group, Saudi Arabia purports to uphold and respect the highest standards of human rights. However, the decision of the court is a clear violation of the internationally recognised rights to freedom of conscience and expression. Article 18 of the Universal Declaration of Human Rights (UDHR) states that, “[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief”. Furthermore, under Article 19 of the Universal Declaration of Human Rights, “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Saudi Arabia is therefore in absolute contravention of the rights that as a member of the UN HRC it has committed to protect.

There are also widespread concerns over an apparent lack of due process in the trial: Fayadh was denied legal representation, reportedly as a result of his ID having been confiscated following his arrest in January 2014. It is our understanding that Fayadh has 30 days to appeal this latest ruling, and we urge the authorities to allow him access to the lawyer of his choice.

We call on the Saudi authorities to release Ashraf Fayadh and others detained in Saudi Arabia in violation of their right to freedom of expression immediately and unconditionally.

List of signatories:

AICA (International Association of Art Critics)
Algerian PEN
All-India PEN
Amnesty International UK
Arterial Network
ARTICLE 19
Artists for Palestine UK
Austrian PEN
Banipal
Bangladesh PEN
Bread and Roses TV
British Humanist Association
Bulgarian PEN
Centre for Secular Space
CIMAM (International Committee for Museums and Collections of Modern Art)
Council of Ex-Muslims of Britain
Croatian PEN
Crossway Foundation
Danish PEN
English PEN
Ethiopian PEN-in-Exile
FIDH (International Federation for Human Rights)
Five Leaves Publications
Freemuse
German PEN
Haitian PEN
Human Rights Watch
Index on Censorship
International Humanist and Ethical Union
Iranian PEN in Exile
Jimmy Wales Foundation
Lebanese PEN
Ledbury Poetry Festival
Lithuanian PEN
Modern Poetry in Translation
National Coalition Against Censorship (NCAC)
Norwegian PEN
One Darnley Road
One Law for All
Palestinian PEN
PEN American Center
PEN Canada
PEN International
PEN South Africa
Peruvian PEN
Peter Tatchell Foundation
Portuguese PEN
Québec PEN
Russian PEN
San Miguel PEN
Scottish PEN
Slovene PEN
Society of Authors
South African PEN
Split This Rock
Suisse Romand PEN
School of Literature, Drama and Creative Writing, University of East Anglia
The Voice Project
Trieste PEN
Turkish PEN
Wales PEN Cymru

Manick Govinda: Artistic expression is a value that must be defended

Battle of Ideas 2015
A weekend of thought-provoking public debate taking place on 17 & 18 October at the Barbican Centre. Join the main debates or satellite events.

5 Oct
Does free expression have its limits?
Join Index on Censorship magazine editor Rachael Jolley for a Battle of Ideas satellite event to debate the limits of free expression. With Dr Wendy Earle, Anshuman Mondal, Kunle Olulode and Tom Slater.
When: Monday 5th October, 7-8:30pm
Where: Nunnery Gallery, Bow Arts Trust, 181 Bow Rd, London E3 2SJ
Tickets: £4.89 through Eventbrite
Full details

17 Oct
Artistic expression: where should we draw the line?
Join Manick Govinda, Index on Censorship CEO Jodie Ginsberg, Cressida Brown, Nadia Latif, Nikola Matisic with chair Claire Fox at the Battle of Ideas festival.
When: 17 October, 4-5:15pm
Where: Cinema 2, Barbican, London
Tickets: Available from the Battle of Ideas
Full details

It’s just over a year ago since a mob of anti-racist activists closed down South African theatre director Brett Bailey’s tableaux vivants work Exhibit B in London. The work had actors depicting the horrors of historical slavery, and colonial racism as museum exhibits, echoing the human zoo exhibits of 19th century, which still took place right up until the 1950s.

The work was powerful, visceral, steeped in humanity and stirred a powerful emotional response in the spectator. Yet, it seemed that this physical artistic expression was a step too far for many on the left and Britain’s black community. Most of them, and the 23,000 who signed the petition calling for the Barbican to shut down the work, hadn’t seen the performance. Instead, they felt triggered by a series of publicity photographs of actors performing actions of enslavement and of human bondage.

An image of a semi-naked black woman, sitting, waiting on a bed with her back to the camera, and the reflection of her face and eyes looking back at the viewer, composed and calm was uncomfortable viewing. The living tableau, entitled A Place in the Sun, colonial exhibit, Paris, 1920s was based on a factual account of a French colonial officer who kept a black woman chained to his bed, exchanging food for sexual services. This took place during the French, Belgian and Portuguese scramble for rubber in the Congo. It is a difficult image, the performance brought home the tenderness and active being of the captive woman and stirred emotions of both anger and sadness, as did all the tableaux which took us right to the present day, depicting deported refugee individuals who were killed by the hands hired immigration border security forces. It is hard to disagree with the Brett Bailey’s sincerity that the work is a hard-hitting indictment against racism.

Yet, for the protesters Exhibit B was “an exhibition by a privileged white man who benefited from the oppression of African people in the country [South Africa] in which he grew up, which objectifies black people for a white audience.”

At the opening night in London, 200 angry protesters, with the assistance of the British police force, successfully censored the work. Exhibit B will probably never be performed in England for the foreseeable future.

In the past, artistic, particularly literary works such as DH Lawrence’s Lady Chatterley’s Lover, Vladimir Nabokov’s Lolita, James Joyce’s Ulysses to name a few were banned by state officials and enforced by draconian laws such as the Obscene Publications Act 1959. However, recent censorship of artistic expression is no longer the domain of the state and its officials. It is now curbed by radical activists and also by curators and arts professionals who feel too morally weak to defend and stand by controversial works of art. The police are now called in for their advice on artistic expression and inevitably, in the name of ‘public safety’ works of art are censored from the public.

Only recently we witnessed the censorship of a witty series of satirical photographs by an anonymous artist called Mimsy (sorry Banksy, you’ve been up-staged) depicting the popular children models of Sylvanians (cute furry creatures that akin to those in Beatrix Potter’s tales) innocently enjoying leisurely pursuits such as family picnics, sun-bathing on a beach, having a few pints or just simply watching TV where they are threatened by masked, armed creatures in black uniform called MICE-IS “a fundamentalist terror group [threatening] to annihilate every species that does not submit to their hardline version of sharia law”. However, this wasn’t taken down due to any law being contravened. The work, pulled from an exhibition at the Mall Galleries in London entitled Passion for Freedom (oh the irony) was a result of the gallery managers asking advice from the police as they felt uncomfortable with the “potentially inflammatory content of Mimsy’s work”. The police agreed that the work was inflammatory and couldn’t guarantee the safety of the gallery or visitors, therefore £36,000 would have to be paid to the police force for security cover.

Censorship by fear of terror, by mob-rule, by “triggering’ traumatic feelings, the growing self-censorship of artistic works and the British state’s lily-livered position in defending free expression come into arbitrary play, leading to a worrying situation where potentially any work of art can be censored.

It’s easy to morally grandstand and point the finger at the horrific killings of cartoonists and bloggers in Bangladesh and Iran and criticise the Chinese authorities for their ‘house imprisonment’of Ai Weiwei, but if we cannot defend all forms of artistic expression from the high arts to popular culture, we are seriously compromising artistic freedom for fear of upsetting various communities of interests, be they Muslims, feminists or anti-racists.

I am currently reading Azar Nafisi’s brilliant latest book, Republic of Imagination (2014) where she writes a chapter on the US writer Mark Twain’s 1884 novel Huckleberry Finn as a major inspiration in her life and moral outlook. The novel is currently triggering some US literary students and professors into a state of apoplectic trauma as the word ‘nigger’ is used 219 times in the novel. The decision to re-publish the novel and replace the word ‘nigger’ with ‘slave’ is a dangerous re-writing of history and art. Nafisi defends artistic expression unreservedly and quotes from one of Twain’s notebooks as follows:

“Expression – expression is the thing – in art. I do not care what it expresses, and I cannot tell, generally, but expression is what I worship, it is what I glory in, with all my impetuous nature.” (Republic of Imagination, p.88)

Art should be dangerous, unsettling, funny, an emotional journey, beautiful, entertaining and yes, obscene. Artistic expression, in all its manifestations, is a value that must be defended in our Western democracies. We should heed Mark Twain’s wise words.

Manick Govinda is head of artists’ advisory services for ArtsAdmin

Govinda is participating in the 17 Oct Artistic expression: where should we draw the line?Battle of Ideas session with Index on Censorship CEO Jodie Ginsberg, Cressida Brown, Nadia Latif, Nikola Matisic with chair Claire Fox at the Battle of Ideas festival.

Index on Censorship magazine editor Rachael Jolley is speaking at Does artistic expression have its limits? at the Bow Arts Trust on Monday 05 October

Free thinking: Reading list for the Cambridge Festival of Ideas 2015

Autumn 2015 Index on Censorship magazine cover illustration by Ben Jennings

Autumn 2015 Index on Censorship magazine cover illustration by Ben Jennings

In conjunction with the Cambridge Festival of Ideas 2015, we will be publishing a series of articles that complement many of the upcoming debates and discussions. We are offering these articles from Index on Censorship magazine for free (normally they are held within our paid-for archive) as part of our partnership with the festival.

Index on Censorship is a global quarterly magazine with reporters and contributing editors around the world. Founded in 1972, it promotes and defends the right to freedom of expression.


Winter 2014 cover

From the winter 2014 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the Elections – live! session at the festival this year.

Thoughts policed

Have we created a media culture where politicians fear voicing an opinion that’s not the party line? Max Wind-Cowie reports

We are often, rightly, concerned about our politicians censoring us. The power of the state, combined with the obvious temptation to quiet criticism, is a constant threat to our freedom to speak. It’s important we watch our rulers closely and are alert to their machinations when it comes to our right to ridicule, attack and examine them. But here in the West, where, with the best will in the world, our politicians are somewhat lacking in the iron rod of tyranny most of the time, I’m beginning to wonder whether we may not have turned the tables on our politicians to the detriment of public discourse.

Read the full article

 


Summer 1995 cover

From the summer 1995 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the The body politic: censorship and the female body session at the festival this year.

Deliberately lewd

Erica Jong explains why pornography is to art as prudery is to the censors

Pornographic material has been present in the art and literature of every society in every historical period. What has changed from epoch to epoch – or even from one decade to another – is the ability of such material to flourish publicly and to be distributed legally. After nearly 100 years of agitating for freedom to publish, we find that the enemies of freedom have multiplied, rather than diminished.

Read the full article

 


spring 1987 cover

From the spring 1987 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the Banned books: controversy between the covers session at the festival this year.

My book and the school library

Norma Klein, the American writer of children’s books, describes how she successfully defended her Confessions of an Only Child before a school board meeting

I used to feel distinguished, almost honoured, when my young books were singled out to be censored. Now, alas, censorship has become so common in the children’s book field in America that almost no one is left unscathed.

Read the full article

 


summer 2014 cover

From the summer 2014 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the Privacy in the digital age session at the festival this year.

Future imperfect

Should concerns about privacy after the NSA revelations change the way we use the web? Jason DaPonte asks the experts about state spying, corporate control and what we can do to protect ourselves

“Government may portray itself as the protector of privacy, but it’s the worst enemy of privacy and that’s borne out by the NSA revelations,” web and privacy guru Jeff Jarvis tells Index.

Read the full article

 


Summer 2008 cover

From the summer 2008 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the Can writers and artists ever be terrorists? session at the festival this year.

The politics of terror

In the drive to tackle extremism, debate is being undermined and fear is driving the agenda. Conor Gearty makes the case for common sense.

I object to the ‘age of terror’ title. My anxiety about this is that it is already putting people like me at a disadvantage. I am forced to work within an assumption, which is shared by all normal, sensible people, that we live in ‘an age of terror’. Therefore the point of view that I am about to put – about the total appropriateness of the criminal law; about the relative security in which we live; about the fact of our being pretty secure in comparison with many previous generations – is deemed to be sort of eccentric, if not obstructive.

Read the full article

 


Spring 2014 cover

From the spring 2014 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those who plan to attend the War, Censorship and Propaganda: Does It Work session at the festival this year.

Drawing out the dark side

When it comes to depicting war, humour can be a critic’s most dangerous weapon, says Martin Rowson as he trips through the history of cartoons.

As a political cartoonist, whenever I’m criticised for my work being unrelentingly negative, I usually point my accusers towards several eternal truths. One is that cartoons, along with all other jokes, are by their nature knocking copy. It’s the negativity that makes them funny, because, at the heart of things, funny is how we cope with the bad – or negative – stuff.

Read the full article

 


This article is part of the autumn 2013 issue of Index on Censorship magazine. Click here to subscribe to the magazine.

From the autumn 2013 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those planning to attend the Hidden Voices; Censorship Through Omission session at the festival.

Moving towards inequality

In China, as hundreds of millions leave the countryside to seek employment in the cities, they are left without official jobs, legal protection or school places for their children. Jemimah Steinfeld and Hannah Leung report

When Liang Hong returned to her hometown of Liangzhuang, Henan province, in 2011, she was instantly struck by how many of the villagers had left, finding work in cities all across China. It was then that she decided to chronicle the story of rural migrants. During the next two years she visited over 10 cities, including Beijing, and interviewed around 340 people.

Read the full article

 


This article is part of the spring 2015 issue of Index on Censorship magazine. Click here to subscribe to the magazine.

From the spring 2015 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those planning to attend the A New Home: Asylum, Immigration and Exile in Today’s Britain session at the festival.

Escape from Eritrea

As refugees flee one of the world’s most repressive and secretive regimes, Ismail Einashe talks to Eritreans who have reached the UK but who still worry about the risks of speaking out

Television journalist Temesghen Debesai had waited years for an opportunity to make his escape, so when the Eritrean ministry of information sent him on a journalism training course in Bahrain.

Read the full article

 


Index on Censorship autumn magazine

From the autumn 2014 issue of Index on Censorship magazine. Subscribe.

“Free thinking” for those planning to attend the Technologies of revolution: how innovations are undermining regimes everywhere session at the festival.

From drones to floating smartphones: how technology is helping African journalists investigate

Data journalist Raymond Joseph reports on how low-cost technology is helping African newsrooms get hold of information that they couldn’t previously track

Deep in Mpumalanga province, in the far north-east of South Africa, a poorly resourced newspaper is using a combination of high and low tech solutions to make a difference in the lives of the communities it serves.

Read the full article

 


From the winter 2013 issue of Index on Censorship. Subscribe.

From the winter 2013 issue of Index on Censorship. Subscribe.

“Free thinking” for those planning to attend the Faith and education: an uneasy partnership session at the festival.

Defending the right to be offended

For Index on Censorship magazine Samira Ahmed takes a look at 15 years of multiculturalism and how some people’s ideas of it are getting in the way of freedom of expression.

In 1999, the neo-Nazi militant David Copeland planted three nail bombs in London – in Brixton, Brick Lane and Soho – targeting black people, Bangladeshi Muslims and gays and lesbians. Three people died and scores were injured.

Read the full article


Free Thinking! A unique partnership in 2015, Cambridge Festival of Ideas are working with Index on Censorship to offer in-depth articles and follow-up pieces from leading artists, writers and activists on all of our headline events.

Valentina Calà via Flickr https://www.flickr.com/photos/valentinacala/

When: Saturday 24 October: 1:00pm – 2:30pm
Full details.

Join us on 24 Oct for Can writers and artists ever be terrorists?

Anti-terror legislation has been used in several countries to effectively gag free speech about sensitive political issues, but can writing or painting be a terrorist act and what role do they play in radicalisation? Join Index on Censorship CEO Jodie Ginsberg at the Cambridge Festival of Ideas to explore the intersection of art and terrorism.

 

Question Everything

When: Sunday 25 October, 1:00pm – 6:00pm
Full details.

Join us on 25 Oct for Question Everything at the Cambridge Festival of Ideas

Question Everything is an unconventional, unwieldy and disruptive day of talks, art and ideas featuring a broad range of speakers drawn from popular culture, the arts and academia. Are we in a drought of new options? Start imagining the world anew with a series of provocateurs. Dissent encouraged. Hosted by Index on Censorship CEO Jodie Ginsberg.

 


Current issue: Spies, secrets and lies

Summer 2015: Fired, threatened, imprisoned

In the latest issue of Index on Censorship magazine Spies, secrets and lies: How yesterday’s and today’s censors compare, we look at nations around the world, from South Korea to Argentina, and discuss if the worst excesses of censorship have passed or whether new techniques and technology make it even more difficult for the public to attain information. Subscribe to the magazine.


Editorial: Spies in the new machines

index-cover-fall-2015In the old days governments kept tabs on “intellectuals”, “subversives”, “enemies of the state” and others they didn’t like much by placing policemen in the shadows, across from their homes. These days writers and artists can find government spies inside their computers, reading their emails, and trying to track their movements via use of smart phones and credit cards.

Post-Soviet Union, after the fall of the Berlin wall, after the Bosnian war of the 1990s, and after South Africa’s apartheid, the world’s mood was positive. Censorship was out, and freedom was in.

But in the world of the new censors, governments continue to try to keep their critics in check, applying pressure in all its varied forms. Threatening, cajoling and propaganda are on one side of the corridor, while spying and censorship are on the other side at the Ministry of Silence. Old tactics, new techniques.

While advances in technology – the arrival and growth of email, the wider spread of the web, and access to computers – have aided individuals trying to avoid censorship, they have also offered more power to the authorities.

There are some clear examples to suggest that governments are making sure technology is on their side. The Chinese government has just introduced a new national security law to aid closer control of internet use. Virtual private networks have been used by citizens for years as tunnels through the Chinese government’s Great Firewall for years. So it is no wonder that China wanted to close them down, to keep information under control. In the last few months more people in China are finding their VPN is not working.

Meanwhile in South Korea, new legislation means telecommunication companies are forced to put software inside teenagers’ mobile phones to monitor and restrict their access to the internet.

Both these examples suggest that technological advances are giving all the winning censorship cards to the overlords.


Autumn 2015: Spies, secrets and lies

Journalists in the former Yugoslavia on the legacy of the post-war period
Interview: Judy Blume and her battle against the bans
Editorial: Spies, secrets and lies and how yesterday’s and today’s censors compare
Full contents of the autumn issue
Subscribe to the magazine


But it is not as clear cut as that. People continually find new ways of tunnelling through firewalls, and getting messages out and in. As new apps are designed, other opportunities arise. For example, Telegram is an app, that allows the user to put a timer on each message, after which it detonates and disappears. New auto-encrypted email services, such as Mailpile, look set to take off. Now geeks among you may argue that they’ll be a record somewhere, but each advance is a way of making it more difficult to be intercepted. With more than six billion people now using mobile phones around the world, it should be easier than ever before to get the word out in some form, in some way.

When Writers and Scholars International, the parent group to Index, was formed in 1972, its founding committee wrote that it was paradoxical that “attempts to nullify the artist’s vision and to thwart the communication of ideas, appear to increase proportionally with the improvement in the media of communication”.

And so it continues.

When we cast our eyes back to the Soviet Union, when suppression of freedom was part of government normality, we see how it drove its vicious idealism through using subversion acts, sedition acts, and allegations of anti-patriotism, backed up with imprisonment, hard labour, internal deportation and enforced poverty. One of those thousands who suffered was the satirical writer Mikhail Zoshchenko, who was a Russian WWI hero who was later denounced in the Zhdanov decree of 1946. This condemned all artists whose work didn’t slavishly follow government lines. We publish a poetic tribute to Zoshchenko written by Lev Ozerov in this issue. The poem echoes some of the issues faced by writers in Russia today.

And so to Azerbaijan in 2015, a member of the Council of Europe (a body described by one of its founders as “the conscience of Europe”), where writers, artists, thinkers and campaigners are being imprisoned for having the temerity to advocate more freedom, or to articulate ideas that are different from those of their government. And where does Russia sit now? Journalists Helen Womack and Andrei Aliaksandrau write in this issue of new propaganda techniques and their fears that society no longer wants “true” journalism.

Plus ça change

When you compare one period with another, you find it is not as simple as it was bad then, or it is worse now. Methods are different, but the intention is the same. Both old censors and new censors operate in the hope that they can bring more silence. In Soviet times there was a bureau that gave newspapers a stamp of approval. Now in Russia journalists report that self-censorship is one of the greatest threats to the free flow of ideas and information. Others say the public’s appetite for investigative journalism that challenges the authorities has disappeared. Meanwhile Vladimir Putin’s government has introduced bills banning “propaganda” of homosexuality and promoting “extremism” or “harm to children”, which can be applied far and wide to censor articles or art that the government doesn’t like. So far, so familiar.

Censorship and threats to freedom of expression still come in many forms as they did in 1972. Murder and physical violence, as with the killings of bloggers in Bangladesh, tries to frighten other writers, scholars, artists and thinkers into silence, or exile. Imprisonment (for example, the six year and three month sentence of democracy campaigner Rasul Jafarov in Azerbaijan) attempts to enforces silence too. Instilling fear by breaking into individuals’ computers and tracking their movement (as one African writer reports to Index) leaves a frightening signal that the government knows what you do and who you speak with.

Also in this issue, veteran journalist Andrew Graham-Yool looks back at Argentina’s dictatorship of four decades ago, he argues that vicious attacks on journalists’ reputations are becoming more widespread and he identifies numerous threats on the horizon, from corporate control of journalistic stories to the power of the president, Cristina Fernández de Kirchner, to identify journalists as enemies of the state.

Old censors and new censors have more in common than might divide them. Their intentions are the same, they just choose different weapons. Comparisons should make it clear, it remains ever vital to be vigilant for attacks on free expression, because they come from all angles.

Despite this, there is hope. In this issue of the magazine Jamie Bartlett writes of his optimism that when governments push their powers too far, the public pushes back hard, and gains ground once more. Another of our writers Jason DaPonte identifies innovators whose aim is to improve freedom of expression, bringing open-access software and encryption tools to the global public.

Don’t miss our excellent new creative writing, published for the first time in English, including Russian poetry, an extract of a Brazilian play, and a short story from Turkey.

As always the magazine brings you brilliant new writers and writing from around the world. Read on.

© Rachael Jolley

This article is part of the autumn issue of Index on Censorship magazine looking at comparisons between old censors and new censors. Copies can be purchased from Amazon, in some bookshops and online, more information here.

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