7 Jun 2021 | Kazakhstan, News and features, Slapps, Statements, United Kingdom
[vc_row][vc_column][vc_single_image image=”116855″ img_size=”full” add_caption=”yes”][vc_column_text](7 June 2021, London) – A legal case currently before the UK courts highlights the egregious tactics being used by Eurasian Natural Resources Corporation Limited (ENRC), a privately-owned Kazakh multinational mining company, in what appear to be deliberate attempts to escape public scrutiny.
The civil case brought by ENRC is against the UK’s anti-corruption authority, the Serious Fraud Office (SFO), and ENRC’s former lawyers, Dechert LLP. The SFO launched a formal corruption investigation into ENRC in April 2013, but has yet to bring any charges. The investigation has become one of the SFO’s longest running and most complicated cases. ENRC denies all allegations.
ENRC is suing the SFO for misfeasance in public office claiming the SFO mishandled the corruption investigation, induced Dechert lawyers to breach duties owed to ENRC, and leaked information to the media. ENRC claims Dechert and its partner, Neil Gerrard, were negligent and acted in breach of contract and fiduciary duties, including by leaking confidential information to the press. The SFO, Gerrard and Dechert all deny the allegations.
This is by no means an isolated example of ENRC using the courts in a way that discourages scrutiny and shuts down accountability. Since the SFO announced its investigation, ENRC has initiated a wave of more than 16 legal proceedings in the US and the UK against journalists, lawyers, investigators, contractors, a former SFO official and the SFO itself. The SFO has had to divert significant staff time and funding away from its corruption investigation to respond to the claims brought by ENRC.
The 22 undersigned human rights, freedom of expression and anti-corruption organisations are concerned that ENRC’s tactics are either a deliberate attempt to undermine the SFO’s corruption investigation and to silence those seeking to expose the company’s misdeeds or will serve to do so.
The groups believe that ENRC’s legal tactics include Strategic Lawsuits Against Public Participation or SLAPPs, a form of legal harassment used by powerful individuals and companies as a means of silencing public watchdogs, including journalists, peaceful protesters and whistleblowers. SLAPPs typically involve long and costly legal procedures, or the threat thereof, to intimidate and harass critics into silence.
The conduct of corruption investigations by state officials and others must, of course, be lawful and follow appropriate procedures, the undersigned organisations said, but they nonetheless raised concerns about what appeared to be vexatious litigation by ENRC.
“ENRC’s campaign of legal action across two jurisdictions targeting more than a dozen people and other entities seems a deliberate attempt to shift the focus away from ENRC’s alleged corruption to those conducting legitimate investigations, whether journalists or public authorities. If such efforts succeed, not only could it derail proper public scrutiny of the original allegations, but it risks setting a damaging example for how others can thwart corruption investigations and shut down public discourse,” the organisations said.
A recent legal suit by ENRC was initiated in September 2020 in US courts against publisher HarperCollins seeking disclosure of wide-ranging information relating to the publication of a book, Kleptopia, and newspaper articles published in the Financial Times by investigative journalist Tom Burgis. The book and articles investigate possible corruption and other alleged offences by ENRC and its owners, notably Alexander Machkevitch, one of the three oligarchs (known as the Trio), who – alongside the Kazakh state – own the controlling stake in ENRC.
Shortly after initiating the US action, ENRC’s lawyers also initiated legal action in the UK, sending a Letter Before Claim notifying HarperCollins UK, the Financial Times and Burgis of intended court proceedings for defamation. The case has yet to be issued. In January 2021, ENRC followed with another legal claim, this time against the SFO and John Gibson, a former SFO case controller, who led the investigation into ENRC, accusing him of leaking to the press, including to Burgis.
In a submission to the court, counsel for HarperCollins in the US described ENRC’s tactics as a “relentless campaign to squelch any coverage of its corruption.” She added, “ENRC has undertaken a campaign to silence all who dare expose its misdeeds, through initiating or threatening legal action….It has pursued its critics (even law enforcement) with numerous lawsuits…. HarperCollinsUS is now the latest target.”
Court documents filed in the numerous legal proceedings reveal not only the aggressive legal tactics, but also allege unlawful surveillance and spying by agents linked to ENRC, including of Burgis and current or former SFO officials.
“The UK and US courts will need to decide the merits of these cases, but we are deeply troubled by the chilling effect this wave of legal action has on legitimate investigative and anti-corruption work by journalists, law enforcement officials, and others,” the civil society groups said. “We cannot permit powerful actors with deep pockets to silence their critics, thwart legitimate investigations and target those whose efforts are crucial to ending corruption.”
The groups called on the UK government to urgently consider measures, including legal measures, that could be put in place to protect public watchdogs and journalists from abusive legal actions that are intent on silencing them. The rule of law, protection of human rights, and democracy rely on their ability to hold power to account, said the organisations.
They further urged the SFO to swiftly move forward its investigation into ENRC. “If the SFO has evidence of corruption to charge ENRC then it should do so. Lengthy corruption investigations with no end in sight provide fertile ground for dirty tactics against journalists, whistle-blowers, and other critics to flourish,” the groups said.
Notes to editors:
ENRC was listed on the London Stock Exchange until 2013, when it became embroiled in controversy over governance issues and its purchase of disputed mining concessions in the Democratic Republic of Congo. It went private and today its ultimate parent company is Eurasian Resources Group S.à.r.l., registered in Luxembourg. The ‘Trio’ who own the majority shares in ENRC (now ERG) are Alexander Machkevitch, Patokh Chodiev and Alijan Ibragimov. Mr Ibragimov died in February 2021.
Dechert took over an internal investigation initiated by ENRC in 2010 into alleged corruption by company officials in Kazakhstan and later in Africa. ENRC abruptly fired Dechert on 27 March 2013, just before it was due to report to the SFO about its activities in Africa. In April 2013, the SFO launched a formal corruption investigation into ENRC.
—
For further information, please contact:
Anneke Van Woudenberg, Executive Director of RAID, on (44) 77 11 66 4960 or [email protected]; twitter @woudena
Jessica Ni Mhainin, Policy and Campaigns Manager of Index on Censorship, [email protected]
The organisations who signed this statement are:
- Index on Censorship
- Rights and Accountability in Development (RAID)
- Human and Environmental Development Agenda (HEDA)
- Blueprint for Free Speech
- Corner House
- OBC Transeuropa
- Reporters Without Borders (RSF)
- IFEX
- Justice for Journalists Foundation (JFJ)
- European Centre for Press and Media Freedom (ECPMF)
- Transparency International UK (TI-UK)
- PEN International
- ARTICLE 19
- Global Witness
- Spotlight on Corruption
- RECLAIM
- Whistleblowing International Network (WIN)
- The Daphne Caruana Galizia Foundation
- Rainforest Rescue (Germany)
- Mighty Earth
- Publish What You Pay UK
- English PEN
[/vc_column_text][/vc_column][/vc_row]
4 Aug 2020 | News and features
[vc_row][vc_column][vc_single_image image=”114463″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]“Journalists are very, very afraid. They are being seen as enemies of the state because of this surveillance, because of their political activism, opposition politicians are afraid, everybody is afraid of the government,” said Issa Sikiti da Silva, a journalist from the Democratic Republic of Congo who has travelled to and reported from many countries across Africa. Sikiti da Silva was speaking at the digital launch party of the Index on Censorship summer magazine, held on Friday 31st July.
The summer issue looks at the ways in which our privacy is being increasingly infringed upon in the coronavirus era. From health code apps in China dictating when people can leave their homes to poor digital literacy levels in Italy (and beyond) leaving people vulnerable to exploitation, the magazine takes a broad view.
Sikiti da Silva was joined by Turkish writer and journalist Kaya Genç and Spanish journalist Silvia Nortes. The panel was chaired by Rachael Jolley, editor-in-chief of Index on Censorship magazine.
“The state is tapping our phones, the state is following us into Starbucks branches…they’re all around you. But with online surveillance it’s impossible for me to know whether someone from the Turkish embassy in Britain is watching this event or someone from the intelligence agency in Turkey is watching this event. So it puts us on the spot, this new age of digital surveillance, and that’s what my piece was about for the new issue of Index,” said Genç as part of the discussion.
When asked if recent increased surveillance, in light of the Covid-19 pandemic, was a cause for concern in terms of media freedom all panellists said it was.
Genç explained how digital surveillance is a more insidious form of government espionage, which is causing a fresh set of worries: “In a country like Turkey the state is a very palpable thing, you see it on the street…and its presence makes it a bit vulnerable because we are the one that is scrutinising that visible entity. But now it seems with apps like Life Fits Home [a Covid-19 tracing app], the state became invisible and its surveillance powers have increased.”
Nortes discussed how, in Spain, reactions to Covid-19 tracing apps and state surveillance have fallen along generational lines: “Younger people are more open to using this kind of app because, of course, they are aware that we live in a hyper connected society.”
She suggested that historical precedents may have imbued older generations with a different perspective on security around their personal information: “They feel more reluctant to give in their data and I believe this is connected somehow with [General] Franco’s dictatorship.”
She continued: “The surveillance of these years really has something to do with the concept of private life that older generations have in Spain.”
Sikiti da Silva painted a picture of Africa as a continent in which dictators continue to rule.
“Journalists are being watched over [by the state] and by the time they have enough evidence then they will move on you or arrest you or kill you whatever they want to do with you.”
When Jolley asked if anyone was fighting back against this kind of oppression, Sikiti da Silva was blunt in his reply. He said that without money or power, there is no fighting back. “What people do mostly is to run away. In Africa we only have one solution. You run away…that’s all you can do. You just leave the country before it is too late.”
This has informed Sikiti da Silva’s travels around Africa: “Where there is media freedom I stay. Where there is no media freedom I do two or three stories, then I run away.”
Nortes said that the national security force in Spain is working on detecting ‘fake news’ which could “generate hostility toward the government’s decisions”.
“This is targeted surveillance, they’re just looking for news that could affect in a bad way the government’s management of the pandemic.” This is a trend that Index has been reporting on as part of a global project to map media freedom during the coronavirus crisis.
“We need to be sure that once the pandemic is over we will have the same rights that we had before,” added Nortes.
Click here to read more about the current magazine [/vc_column_text][/vc_column][/vc_row]
16 Jun 2020 | Magazine, Magazine Editions, Volume 49.02 Summer 2020
Journalist
Issa Sikiti da Silva is an award-winning freelance journalist who has traveled extensively across Africa. Born in Kinshasa, the capital of the Democratic Republic of Congo, he has lived in South Africa and worked as a foreign correspondent in West Africa. His work has been published in nearly 40 media outlets
Actor and playwright
Katherine Parkinson is a Bafta-award winning English actress. She has appeared in several television series, including The IT Crowd and Humans. She has also appeared in such films as How to Lose Friends & Alienate People and The Boat That Rocked, as well as on stage in various high profile West End shows. In 2019 Parkinson’s debut work as a playwright, Sitting, had its London premiere, after a month-long run at the Edinburgh Fringe
Playwright
David Hare is a playwright and film-maker. He has written over thirty stage plays which include Plenty and Pravda (with Howard Brenton). For film and television, he has written nearly thirty screenplays which include Licking Hitler, The Hours, The Reader and Denial. In a millennial poll of the greatest plays of the 20th century, five of the top 100 were his
17 Oct 2019 | News and features, Student Reading Lists
[vc_row][vc_column][vc_column_text]Index on Censorship was established in 1972 in a febrile period: Idi Amin had taken power in Uganda, the Vietnam war continued, direct rule was imposed in Northern Ireland, there was a coup in Bolivia and Congo was renamed Zaire by its dictator president. As writer Robert McCrum said in our 40th anniversary issue: “The abuses of freedom worldwide in the 1970s were so appalling and so widespread that the magazine rapidly found itself in the frontline of campaigns. Index became a clarion voice in the cause of free expression.” The right to protest and freedom of expression are now being sought in Hong Kong and elsewhere, and Index is still to the forefront in reporting abuses. Here are just some of the conflicts between freedom and dictatorship we have reported on in the past 47 years.
The first issue of Index on Censorship magazine, in March 1972
The Clockwork Show vol 1, issue 1, March 1972
In an anonymous article about life in Greece under the regime of the Colonels’ junta, the writer considered the psychology of the situation; the feelings and attitudes, the long-ranging impact of this harrowing experience. “There is nothing more demoralizing than to be bound to a public body, an administration, a government with which one can never for a moment identify, which is the exact opposite of everything one believes in. One cannot live side by side with Philistinism, chauvinism, bigotry, blatant hypocrisy, crass ignorance, injustice, violence and brutality and not be affected by them, even if one manages—only just—to keep them out of one’s own life. Under this regime there is no relief; no exception: the regime has penetrated every single aspect of public life.”
Read the full article
March 1974: TV, politics and Chile Index on Censorship magazine
Book burning and brutality vol 3, issue 1, March 1974
A fascinating insight into life in Chile six months after a coup ended the tyranny of President Salvador Allende: worse was to come under a military dictatorship, reported Michael Sanders, an Englishman in Santiago. “When Allende left Chile to address the UN in December 1972, a leading opposition newspaper had as its front-page a photo depicting the president flushing himself down a lavatory, with the caption ‘ good riddance’. The contrast in December 1973 is gloomy indeed. Not so much, or not only because of the drab uniformity of censored newspapers that, for all they may be censored, willingly reflect the views of the Military Junta. But for the fact that 43.6% of the population have been deprived of all means of expression, of all normal communication, and live in daily fear of their lives and jobs.”
Read the full article
Russia, East Germany, South Africa: May 1979 Index on Censorship magazine
Black journalists under apartheid volume 8, issue 3, May 1979
William A Hachten reports: Black journalists came to the fore in the Soweto riots of 1976 when they reported from the ghetto for a white press without access. Yet black journalists still faced daily harassment under apartheid, which worsened with the death of Steve Biko in 1977. Vusi Radebe, a black stringer for the Rand Daily Mail, said: “The situation is worse since the 1976 riots. Police will beat up reporters on the slightest provocation for what they consider obstruction of justice.” While whites had 23 newspapers, there were none for non-whites to express their political frustration. Black journalist Pearl Luthuli said: “The black journalist can’t be objective. We try to tell it like it is but the white editors won’t print it.” Another said: “We are black people first, journalists second. If it comes to a conflict between the struggle and the job, the struggle comes first.”
Read the full article
Beckett and Havel: Index on Censorship magazine, February 1984
Iran under the party of God, volume 13, issue 1, February 1984
“Censorship was planned by the regime of the Islamic Republic even before the February 1979 revolution brought Ayatollah Khomeini’s theocratic oligarchy to power. This particular kind of censorship may not be without precedent in history, but it must certainly be rare. There were attacks on coffee-houses, restaurants and other public places by men armed with clubs and stones; unveiled women were harassed; slogans of the opposition were cleaned from the walls; banks, cinemas and theatres were burned” – a personal account of the first years of the revolution and its attack on culture, by one of Iran’s leading writers Gholam Hoseyn Sa’edi. “And it keeps on happening. The Islamic regime of today has gone a step beyond censoring the creations of science, culture and art, beyond censoring life itself: it has rendered life vain and all but unliveable.”
Read the full article
Romania, Albania, USSR: Index on Censorship magazine January 1991
A sense of solidarity, volume 20, issue 1, January 1991
Romania’s celebrated poet, Ana Blandiana, on censorship under Ceausescu and how she fought back. Her work was completely banned three times. “In my case, the form of censorship progressed from the banning of a word to that of a line, then of a poem, then of a book, to the total erasure of my signature as author: an eradication of identity. My inner freedom was assured by a decision I took in 1980, a personal one rather than as a writer. I decided to be outspoken and say what I thought at the risk of becoming a victim myself, rather than suspect a possibly honest person. At first it kept me sane, and then it helped me to be a normal writer, relatively free of self-censorship. This was the strongest form of censorship under Communism in the last 10 or 15 years, and was much more refined and subtle than the official censorship.”
Read the full article
How free is the Russian media? Index on Censorship, Spring 2007
The Big Squeeze, volume 37, issue 1, Spring 2008
“The fact remains that since the departure of the oligarchs, Russian media freedom has gone from the imperfect and beleaguered to the moribund. At national television, which 90 per cent of Russians say is their main source of news, editors receive weekly or even daily instructions from the Kremlin on the ‘line to take’ on important stories; around half of Russian viewers think that what they watch is objective, a 2007 poll said. Foreign coverage is polemical and outrageously politicised. The message of all this is ‘be quiet’. If you annoy the rich and powerful you face threats, beatings or death. Even when the Kremlin is not directly involved, its reaction to the persecution of journalists sends a clear message: if you offend the powerful, don’t expect the law to protect you.” Edward Lucas gave an early taste of what freedom of expression meant under Putin.
Read the full article
40 years of Index on Censorship March 2012
Grit in the engine, volume 41, issue 1, Spring 2012
Robert McCrum on the 40th anniversary of Index on Censorship. “The success of Index was not a foregone conclusion. Stephen Spender, its founder, was fully alert to the potential for windbaggery and failure. There was, he wrote, ‘the risk that the magazine will become simply a bulletin of frustration’. Actually, the opposite came to pass. Index became a clarion voice in the cause of free expression. The abuses of freedom worldwide in the 1970s were so appalling and so widespread that the magazine rapidly found itself in the frontline of campaigns. Perhaps the most important thing Index did, from the beginning, was to universalise an issue in peril of becoming a special interest: freedom was not ‘a luxury enjoyed by bourgeois individualists’. Along with self-expression, it was a human right, and an instrument of human consciousness.
Read the full article
The big squeeze: Index on Censorship magazine Spring 2017
Freedom of expression under pressure, volume 46, issue 1, Spring 2017
The spring 2017 issue of Index on Censorship magazine looks at how pressures on free speech are currently coming from many different angles, not just one. Special features on how to spot fake news, articles from former BBC World Service director Richard Sambrook and former UK attorney general Dominic Grieve, an exclusive interview with the Spanish puppeteer arrested last year, and fiction from award-winning writer Karim Miské.
[/vc_column_text][/vc_column][/vc_row]
