9 Feb 2022 | News and features
Since returning home to the Democratic Republic of Congo in the winter of 2020, after spending several years travelling throughout Africa, I found the winds of change blowing over the country. Expectations were high that these winds would bring new freedoms, including freedom of expression and the media, which had been overlooked under the old administration.
But it was not to be. I quickly found that yesterday’s victims – the current ruling party leaders – had turned into the new oppressors. Journalists and thought leaders, even musicians, were arrested, threatened, taken to court and jailed. Others would self-censor to avoid trouble. They did not want to get in trouble with the authorities. The new leader of the DRC, Felix Tshisekedi, failed in his promise to protect the media, just like previous leaders had.
DRC leader Felix Tshisekedi, who has presided over a crackdown on the press. Credit: www.kremlin.ru/Wikimedia
Many would decry the way I reported, saying that I was putting myself in danger. But I was trained in South Africa, where the media is more free. I didn’t want to self-censor. So when Index on Censorship asked me to write about Tshisekedi’s failed promises to put the media first, I accepted.
I did not realise then quite how much it would put me in danger. A few weeks after filing, I was told that those in power were angered by my article and that spies were being sent to look for me. I also heard allegations that a list of anti-regime journalists had been issued by ruling party supporters – each person to be hunted down. Apparently, my name was on that list.
The weeks that followed were a sort of hell. I slept uneasily, fearing for my life. My wife and I were separated – pending a divorce – and on a level that felt like a blessing. At least I knew she and our children would be safe, away from me. If a hitman came to finish me off, I would die alone, and spare the lives of our kids.
I wanted to leave the capital city, my birthplace, but I did not know where to go. At the time I was staying in a hotel due to the breakup of my marriage. I quickly packed a suitcase with my clothes. While I wasn’t sure exactly when or if someone would come for me, I couldn’t take the risk. I left in haste. I didn’t even have time to pick up my trousers and shirt that were being repaired at a makeshift dressmaker.
The money I had was very little. It would be hard to purchase a ticket to West Africa, a region that I love and that I believe is one of the world’s underreported zones. With the money that I did have, I travelled to the troubled east of the country. It wasn’t a decision made lightly. Rather from there it would be relatively easy to cross the border into other, safer countries.
In the DRC’s east many journalists have been killed and others threatened in recent years. The media work under duress. They face threats and attacks from security forces and intelligence agencies, and from armed groups. For example, in October 2020 a radio journalist went into hiding after army generals threatened to kill her.
While there I was told that I had to be very careful; two gunmen in army uniforms had come looking for a journalist near where I was staying. Once again, I started to make plans to leave, and this time round to leave the DRC for good. Again, I had very little money. Index fortunately gave me an advance on my next article, which really helped. It was time to go. Before it is too late.
I went first by ship, the whole night, 100.4 km to the south, then by car crisscrossing mountains, hills and valleys, another 100 km further south, all amid the presence of dozens of armed groups.
I finally made it safely out of the “danger zone”. I was out of reach, both from the government, its army, and militia.
But new challenges quickly emerged. On the way to where I was supposed to go to be able to seek refuge I was robbed. My laptop was taken and all my money. Those who robbed us said that if we ever tried to report the incident to the authorities they would hunt us down. Again, silenced and gagged.
Back to square one. Those days were a struggle. Minimal food and money, no laptop, no phone, no permanent place to stay. I felt hopeless and helpless in a strange country.
I worried about where I would sleep and eat and also about the stories I would struggle to report.
These beautiful and exciting lands have been transformed into a hostile zone run by political leaders who hate the media. I long for West Africa – “my second home”. I want to go there and be at peace and rest. Not to retire though, no, because I firmly believe that I was born to write, expose, criticise and hold the powerful to account.
This account was given to Index in January. Since then the writer has managed to leave the DRC and is reporting for Index in the upcoming 50th anniversary special issue.
8 Oct 2021 | Kazakhstan, Legal action against journalists, Media Freedom, News and features, Slapps, United Kingdom
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Metal Alloy plant. Worker in orange jacket and white hardhat on train with Eurasian Resources Group (ENRC). Alexey Rezvykh / Alamy Stock Photo
The undersigned organisations express their serious concern at the legal proceedings that have been filed in a UK court against journalist and author Tom Burgis, his publisher HarperCollins, and his employer the Financial Times (FT). Two lawsuits have been filed by Kazakh multinational mining company, Eurasian Natural Resources Corporation (ENRC), for what it claims are a series of “untrue” and “highly damaging” allegations made by the defendants about the company.
The first lawsuit, against Burgis and HarperCollins, centres around multiple passages in Burgis’ 2020 book Kleptopia: How Dirty Money is Conquering the World. The second lawsuit, against Burgis and the FT, relates to two FT articles by Burgis, eleven Twitter posts by Burgis based on the articles, and an FT podcast in which Burgis was interviewed about his investigation.
“We are extremely concerned that the lawsuits against Tom Burgis, HarperCollins, and the FT are Strategic Lawsuits against Public Participation (SLAPPs). SLAPPs are a form of legal harassment used by those with deep pockets to silence journalists and other public watchdogs by exploiting intimidatingly long and expensive legal procedures,” the undersigned organisations said.
The lawsuits filed in London follow earlier legal suits by ENRC in US courts against HarperCollins seeking disclosure of wide-ranging information relating to the publication of Burgis’ book and newspaper articles published in the FT. In the London lawsuits, ENRC claims that the publications defamed the company, including by falsely suggesting that it was involved in the deaths of two whistleblowers (former ENRC employees), whose bodies were found at a motel in Missouri in 2015.
A criminal investigation by the UK’s Serious Fraud Office into alleged corruption within ENRC opened in 2013 and is ongoing. It is understood to be focused on allegations of fraud, bribery and corruption around the acquisition of substantial mineral assets in the Democratic Republic of Congo and elsewhere. No charges have yet been brought. ENRC denies all allegations.
Since the SFO announced its investigation, ENRC has initiated a wave of more than 18 legal proceedings in the US and the UK against journalists, lawyers, investigators, contractors, and a former SFO official and the SFO itself. In June 2021, twenty-two organisations issued a statement condemning the ENRC’s lawsuits against public watchdogs.
“The lawsuits against Burgis, HarperCollins, and the FT are the latest in a deluge of litigation brought by ENRC as it attempts to robustly challenge corruption allegations,” the organisations said. “We are extremely concerned that ENRC’s legal tactics are a further attempt to silence those who interrogate any possible links between the company and incidents that warrant proper public scrutiny.”
“We urge the UK government to consider measures, including legal measures, that would protect journalists and other public watchdogs from abusive legal actions that are aimed at silencing them,” the organisations concluded. “Our democracy relies on their ability to hold power to account.”
The legal proceedings against Burgis, HarperCollins, and the FT were filed at the High Court of Justice of England and Wales on 27 August. The first hearing has yet to be scheduled.
Note to editors: ENRC was listed on the London Stock Exchange until 2013, when it became embroiled in controversy over governance issues and went private. Today it is owned by Eurasian Resources Group 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. The Kazakh state owns an estimated 40 percent of the company.
SIGNED:
ARTICLE 19
Blueprint for Free Speech
Campaign for Freedom of Information in Scotland (CFoIS)
English PEN
IFEX
Index on Censorship
Justice for Journalists Foundation
Organized Crime and Corruption Reporting Project (OCCRP)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Rights and Accountability in Development (RAID)
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
The European Centre for Press and Media Freedom
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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
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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.
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