26 Jul 2021 | Africa, Bosnia, Burma, China, Europe and Central Asia, Hong Kong, Hungary, India, Magazine, Magazine Contents, Slapps, Volume 50.02 Summer 2021, Volume 50.02 Summer 2021 Extras
Index’s new issue of the magazine looks at the importance of whistleblowers in upholding our democracies.
Featured are stories such as the case of Reality Winner, written by her sister Brittany. Despite being released from prison, the former intelligence analyst is still unable to speak out after she revealed documents that showed attempted Russian interference in US elections.
Playwright Tom Stoppard speaks to Sarah Sands about his life and new play title ‘Leopoldstatd’ and, 50 years on from the Pentagon Papers, the “original whistleblower” Daniel Ellsberg speaks to Index .
Features
Holding the rich and powerful to account by Martin Bright: We look at key whistleblower cases around the world and why they matter for free speech
The Index: Free expression round the world today: the inspiring voices, the people who have been imprisoned and the trends, legislation and technology which are causing concern
Why journalists need emergency safe havens by Rachael Jolley: Legal experts including Amal Clooney have called for a new type of visa to protect journalists
Spinning bomb by Nerma Jelacic: Disinformation and the assault on truth in Syria learned its lessons from the war in Bosnia
Identically bad by Helen Fortescue: Two generations of photojournalists document the political upheaval shaping Belarus 30 years apart
Always looking over our shoulders by Henry McDonald: Across the sectarian divide in Northern Ireland again, journalists are facing increasing threats
Crossing red lines by Fréderike Geerdink: The power struggle between the PUK and KDP is bad news for press freedom in Kurdistan
Cartoon by Ben Jennings: The reptaphile elite are taking over! So say the conspiracy theorists, anyway
People first but not the media by Issa Sikiti da Silva: There was hope for press freedom when Felix Tshisekedi took power in DR Congo, but that is now dwindling
Controlling the Covid message by Danish Raza and Somak Ghoshal: Covid-19 has crippled the Indian health service, but the government is more concerned with avoiding criticism
Special Report
Reality Winner. Credit: Michael Holahan/The Augusta ChronicleSpeaking for my silenced sister by Brittany Winner: Meet Reality Winner, the whistleblower still unable to speak out despite being released from prison
Feeding the machine by Mark Frary: Alexei Navalny has been on hunger strike in a penal colony outside Moscow, since his sentencing. Index publishes his writings from prison
An ancient virtue by Ian Foxley: A whistleblower explains the ancient Greek idea of parrhesia that is at the core of the whistleblower principle
Truthteller by Kaya Genç: Journalist Faruk Bildirici tells Index how one of Turkey’s most respected newspapers became an ally of Islamists
The price of revealing oil’s dirty secrets: Whistleblower Jonathan Taylor has been hounded since revealing serious cases of bribery within the oil industry
The original whistleblower: 50 years on from the Pentagon Papers, whistleblower Daniel Ellsberg speaks to Index
Fishrot, the global stench of scandal: Former Samherji employee Johannes Stefansson exposed corruption and the plundering of Namibian fish stocks
Comment
What is a woman? by Kathleen Stock and This is hate, not debate by Phoenix Andrews: Two experts debate the case of Maya Forstater, in which Index legally intervened, and if the matter is a case of hate speech
Battle cries by Abbad Yahya: The lost voice of the Israeli-Palestinian conflict
A nightmare you can’t wake up from by Nandar: A feminist activist forced to flee her home country after the military coup in February
Trolled by the president by Michela Wrong: Rwanda’s leader Paul Kagame is known for attacking journalists. What is it like to incur his wrath?
When the boot is on the other foot by Ruth Smeeth: People must fight not only for their own rights, but for the free speech of the people they do not agree with
Culture
Playwright Tom Stoppard. Credit: Liba Taylor/Alamy Stock Photo
Uncancelled by Sarah Sands: An interview with the playwright Sir Tom Stoppard on his new play, Leopoldstadt, and the inspiration behind it
No light at the end of the tunnel by Benjamin Lynch: Yemeni writer Bushra al-Maqtari provides us with an exclusive extract of her award-winning novel, Behind the Sun
Dead poets’ society by Mark Frary: The military in Myanmar is targeting dissenting voices. Poets were among the first to be killed
Politics or passion? by Mark Glanville: Contemporary poet Stanley Moss on his long-standing love for China
Are we becoming Hungary-lite? by Jolyon Rubinstein: Comedian Jolyon Rubinstein on the death of satire
19 May 2021 | Croatia, Monaco, News
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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
With support from:
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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27 Apr 2021 | News, Northern Ireland, Slapps, Statements, United Kingdom
[vc_row][vc_column][vc_single_image image=”116630″ img_size=”full” add_caption=”yes”][vc_column_text]“We call on governments to translate their public commitments on the protection of journalism and safety of journalists into working realities backed up by effective safeguards,” Index on Censorship and thirteen other organisations say in the newly launched Annual Report of the Council of Europe Platform.
According to the report, a total of 201 media freedom alerts were published on the Platform in 2020, the highest annual total recorded in any year since the platform was launched in 2015. Online harassment, physical attacks, surveillance, and strategic lawsuits against public participation (SLAPPs) are among the themes covered in the report, which draws on the media freedom alerts that were submitted to the platform over the course of 2020.
Although the United Kingdom’s National Action Plan is cited as an example of good practice, the UK is primarily mentioned in less favourable contexts in the report. The UK is mentioned, alongside Russia and Italy, as having one of the highest numbers of reported attacks on the physical integrity of journalists. Northern Ireland is mentioned as a particular area of concern, as journalists continue to face violent threats there on a recurring basis.
The UK was also mentioned in the context of SLAPPs. In May and June 2020, five Maltese media outlets received letters from a UK-based law firm demanding the removal of articles under threat of legal action, and in November 2020 legal action was filed in London against Swedish outlet Realtid as a result of their investigative work. “The UK has been identified as the foremost country of origin of such vexatious actions, and this practice threatens to bring the UK and its legal profession into disrepute in the eyes of the world,” the report says.
“SLAPPs are just one of the issues that demand immediate attention from the UK and other Council of Europe member states, from the Council of Europe itself, and from the European Union,” said Jessica Ní Mhainín, Index’s Policy and Campaigns Manager, who was involved in the creation of the report. “We need to stand behind our independent journalists and to ensure that they can carry out their work without interference. We will not be able to protect our democracies, our rule of law, and our human rights if we cannot protect our free press.”[/vc_column_text][/vc_column][/vc_row]
9 Apr 2021 | Opinion, Ruth's blog
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Photo: Epyc Wynn/Pixanay
I think two of the most unfashionable words in the political sphere at the moment are nuance and context. As a former politician, I completely understand why controversial and provocative statements win out; why polar positions make more entertaining viewing; why pitting people at odds with each other is more likely to inspire ongoing debate and will boost the number of Twitter likes and comments.
In other words, I know why some politicians and journalists are seeking to polarise. It boosts their profile, ensures that someone, somewhere will consider them relevant and for some even ensures that they have a payday.
But the question for me at least, is what cost is this having to our public space? Where is the place for debate rather than argument? How can we build consensus and solidarity if all we’re doing is shouting abuse at each other?
Some of the most contentious debates currently occurring in democratic societies seem to have descended into virtual screaming matches. No one is listening to each other, no one is seeking to find a middle ground and seemingly few people are seeking to build bridges – our collective focus at the moment seems to be to tear each other down.
Of course, the reality is this has always been part of our political discourse. There is a healthy tradition of challenge in our public space. But… my concern is it is no longer on the fringes of our national conversations, it now dominates and the damage that it is doing is untold.
In the last week, we have seen academics compared to the KKK, a trans writer attacked for being long-listed for a literary prize for women and a new narrative on intersectional veganism which attacks other vegans for not considering the role of white supremacy in their eating habits.
I am not saying that people don’t have the right to these views – of course they do. Index on Censorship exists to ensure everyone’s rights to free expression. But that doesn’t mean that our words and deeds don’t have impact or consequence.
We witnessed in America only this year where this form of populist politics can lead to, at the extreme end – the storming of the Capitol. This week we’ve riots on the streets of Northern Ireland, again. Anti-Chinese hate crime has spiked post-Covid. In Belarus, Hungary and Poland we witness daily the appalling impact of the combination of this political polarisation and authoritarian-leaning governments. Words have consequence.
Index was launched half a century ago to provide a published space for dissidents to tell their stories and to publish their works. As we matured we provided a platform for people to debate some of the most contentious issues of the day, from the Cold War to fatwa to vaccine misinformation. We’ve done this in the spirit of providing a genuine space for free expression, a home to ensure that the hardest issues are discussed in an open, frank but measured way. That there is a space for actual debate and engagement. It is this tradition that we seek to emulate – which is why our magazine features considered commentators and thinkers tackling some of the thorniest issues of the day.
We all need a little nuance and context in our lives.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”41669″][/vc_column][/vc_row]
