Lawsuits are discouraging quality journalism in Albania

[vc_row][vc_column][vc_column_text]Albaia MMF October 2017

Albania’s mainstream media outlets have been reluctant to cover and expose corruption in the country, and observers blame vexatious lawsuits for the hesitancy.

In June 2017, Gjin Gjoni, a court of appeals judge in Tirana, and his wife Elona Caushi, a businesswoman, filed charges against BIRN Albania along with its journalist Besar Likmeta and Aleksandra Bogdani, and separate charges against the newspaper Shqiptarja, along with its journalists Adriatic Doci and Elton Qyno.

BIRN Albania, which specialises in investigative reporting, publishing and media monitoring, along with Likmeta and Bogdani were accused of causing the couple reputational damage and anguish, for which Gjoni and Caushi are demanding 7 million Lek (€54,000) in compensation.

The BIRN Albania journalists had written about the closure and subsequent reopening of an investigation, carried out by the High Inspectorate for Declaration and Audit of Assets and Conflicts of Interest, into Gjoni for concealing wealth, falsifying official documents and money laundering.

In another article, BIRN Albania listed Gjoni as one of the ten richest judges in the country.

In a separate lawsuit, Gjoni and Caushi, based on the same reference, are asking for 4 million Lek (€30,000) in compensation from Shqiptarja, Doci and Qyno.

Kristina Voko, the executive director of BIRN Albania, considers the lawsuit malicious in nature. She pointed to the high journalistic standards held by the organisation for the work it produces.

“We are confident we will win the case because our reporting has been in public interest and solidly based on facts,” she told Index.

Doci wrote on Facebook that he was honoured by the lawsuit and that he would not remove anything in his article about Gjoni because he considers it to be accurate.

Media organisations within the country and internationally have expressed solidarity with BIRN Albania and Shqiptarja. Many think the cases will further discourage investigative journalism, which is already scarce.

Flutura Kusari, a media lawyer, said in an article published at the website Sbunker that the Gjoni lawsuits fell under the category of Strategic Lawsuits Against Public Participation (SLAPP), which she believes are being used to intimidate Albanian journalists.

“In the SLAPP lawsuits you can see prima facie that are not based in facts and they are going to be unsuccessful in the court. With them the plaintiff does not aim to win the case, but aims to frighten and discourage journalists from further reporting issues of public interest, making them pass through long and costly court processes,” she wrote.

The Union of Albanian Journalists called for Gjoni to stand down while the case is ongoing as his position in the judicial system may influence the decisions.

Blendi Salaj, the vice chairman of Albanian Media Council, considers the case as one against investigative journalism that also aims to keep the media silent.

“There are no grounds for this case but the fact that true journalism and the dissemination of information goes against the interest of subjects whose shifty activities are revealed in the press,” he told Index.

Salaj also pointed to the large damages requested as compensation by the plaintiff.

“The amount of money they request is meant to scare, worry and intimidate journalists and outlets that expose facts they don’t want out there,” he said.

Kristina Voko also agrees that lawsuits are being used as a form of intimidation.

“It is true that during the last year, there has been an increased number of lawsuits against Albanian journalists or media outlets from judges or private companies involved in different concessionary agreements,” she told Index.

“This poses concerns related to media freedom in the country,” she said.

Investigating private companies also poses difficulties for journalists in the country. It is already a rare practice in the mainstream media as result of advertising contracts and strong ties that some of these companies have with politicians.

Albania has begun the implementation of an important judicial reform after almost two years of adopting laws that aim to clean up corruption in politics.

The reform was strongly pushed by the European Commission and the United States, and is considered crucial for Albania to advance in its bid to join the European Union.

A vetting process for all judges and prosecutors in the country supervised by an international body is underway as the first step to reform the system. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1506959873796-92fda719-8e40-6″ taxonomies=”6564″][/vc_column][/vc_row]

Film premiere: Chauka, Please Tell Us The Time

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Behrouz Boochani, Manus Island

Behrouz Boochani, Manus Island

Manus Island, in Papua New Guinea, is the location of a controversial detention centre which the Australian government uses to hold over 1,000 asylum seekers indefinitely. It is also home to Iranian journalist and 2017 Index journalism award nominee Behrouz Boochani. His film Chauka, Please Tell Us the Time, which exposes the realities of life as a detainee on Manus Island, has been selected for the BFI London Film Festival.

An urgent and powerful documentary, shot in a detention centre where asylum seekers trying to reach Australian shores are indefinitely detained. Secretly shot on a mobile phone by Boochani while detained on Manus, the film is a collaboration with Dutch-Iranian filmmaker Arash Kamali Sarvestani. Boochani recounts, via the testimonies of fellow inmates, the abuse and violence inflicted and the precarious state of limbo they find themselves in.

Chauka, the name of the dreaded solitary confinement unit within the detention centre, was originally the name of a beautiful bird and symbol of the Manus Island. By interweaving dialogue with two Manusian men and shots of daily life on the island, the film gives a much-needed voice to Manus inhabitants, understandably distressed by the current situation. With marked restraint, the film exposes lives broken by shocking immigration policies.

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When: Sunday 8 October, 5:45pm
Where: Vue Leicester Sq, Screen 7
Tickets: £9.00-£17.60

When: Monday 09 October 2017, 3:45pm
Where: BFI Southbank, NFT3
Tickets: £6.50-£9.90

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Index award nominee’s documentary to feature in London Film Festival

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Behrouz Boochani, Manus Island

Behrouz Boochani, Manus Island

Manus Island is the location of a controversial detention centre which the Australian government uses to hold over 1,000 asylum seekers indefinitely. It is also home to Iranian journalist and 2017 Index journalism award nominee Behrouz Boochani.

His film Chauka, Please Tell Us the Time, which exposes the realities of life as a detainee on Manus Island, has been selected for the London Film Festival in October after premiering at the Sydney Film Festival in June 2017. Shot with a smartphone acquired in return for his shoes, the feature length film exposes daily life as a Manus Island inmate.

Journalists are banned from the island but Boochani hopes that his film will expose the horrible conditions of the detention centre. He was forcibly relocated there after attempting to seek asylum by boat in May 2013. The Kurdish cultural magazine he wrote for had been raided and 11 of his colleagues were arrested forcing him to flee his native Iran.

Boochani was denied a visa to attend the premiere in Sydney but is hopeful of attending the London screening having written to the High Commissioner of the UK to Australia and the Sadiq Khan, the Mayor of London.

“The London Film Festival is one of the biggest cultural events in England and cinema can make our world more peaceful and remind us that we should care about our humanity and values,” Boochani told Index. “I’m sure the people who are running this festival want to make our world better. I wrote a letter to get a visa to go and share my ideas with people in London and I’m sure that the organisers of the festival and Mayor of London will support me.”

I hope that more people become aware of this concentration camp and know more about how the Australian government is torturing people in this remote prison,” Boochani added. “I have been working as a journalist and human rights defender in this prison for more than three years and have found that journalism is not powerful enough to tell the history of the suffering in this prison.

Boochani had been approached in the past about making a film but did not feel comfortable until he spoke to Dutch-Iranian filmmaker Arash Kamali Sarvestan. “Although some directors made contact with me two years ago we could not understand each other,” Boochani said.  “I did not want to make a simple movie but fortunately Arash could understand me.”

Making a feature-length film is hard enough, but Boochani had no previous experience. “Arash helped me a lot. We had long conversations every day and talked a lot about the shots and how we can make this movie. I’m a novelist and I think a novelist is able to do any kind of art.”

Boochani hopes his film will also show how Manus Island and its people are being affected by the centre. “A part of this movie is about Manusian people and their culture and how Australia is using this island for its political benefits,” he said.

“This movie is not only for me or Arash but is a voice of 2,000 children, women and men who have suffered under torture for more than four years and we want the world to hear their voice,” Boochani added.

He does not think that it is the current global attitudes towards refugees which are causing mistreatment of asylum seekers. “We should think deeply in a philosophical way about liberalism. Why has liberalism lost its human values? A lot of people died in Manus and Nauru but still, most people in Australia don’t care,” Boochani said.

Boochani describes Australia’s behaviour on Manus Island as a “new kind of fascism” which is “very dangerous to our values”.

Manus Island detention centre was scheduled to close last year after the Papa New Guinea Supreme Court declared it to be illegal. Many detainees now face resettlement in Papa New Guinea but face rising hostility from the locals. Many have been acknowledged as refugees but many still remain informal or waiting to know their status. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1504690014885-9d831161-78d0-4″ taxonomies=”9020, 9030, 8148″][/vc_column][/vc_row]

International Association of Prosecutors urged to promote adherence to their own standards

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The Hague, 5 September 2017

Dear members of the International Association of Prosecutors members, executive committee and senate,

In the run-up to the annual conference and general meeting of the International Association of Prosecutors (IAP) in Beijing, China, the undersigned civil society organisations urge the IAP to live up to its vision and bolster its efforts to preserve the integrity of the profession.

Increasingly, in many regions of the world, in clear breach of professional integrity and fair trial standards, public prosecutors use their powers to suppress critical voices.

In China, over the last two years, dozens of prominent lawyers, labour rights advocates and activists have been targeted by the prosecution service. Many remain behind bars, convicted or in prolonged detention for legal and peaceful activities protected by international human rights standards, including the Universal Declaration of Human Rights. Azerbaijan is in the midst of a major crackdown on civil rights defenders, bloggers and journalists, imposing hefty sentences on fabricated charges in trials that make a mockery of justice. In Kazakhstan, Russia and Turkey many prosecutors play an active role in the repression of human rights defenders, and in committing, covering up or condoning other grave human rights abuses.

Patterns of abusive practices by prosecutors in these and other countries ought to be of grave concern to the professional associations they belong to, such as the IAP. Upholding the rule of law and human rights is a key aspect of the profession of a prosecutor, as is certified by the IAP’s Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, that explicitly refer to the importance of observing and protecting the right to a fair trial and other human rights at all stages of work.

Maintaining the credibility of the profession should be a key concern for the IAP. This requires explicit steps by the IAP to introduce a meaningful human rights policy. Such steps will help to counter devaluation of ethical standards in the profession, revamp public trust in justice professionals and protect the organisation and its members from damaging reputational impact and allegations of whitewashing or complicity in human rights abuses.

For the second year in a row, civil society appeals to the IAP to honour its human rights responsibilities by introducing a tangible human rights policy. In particular:

We urge the IAP Executive Committee and the Senate to:

  • introduce human rights due diligence and compliance procedures for new and current members, including scope for complaint mechanisms with respect to institutional and individual members, making information public about its institutional members and creating openings for stakeholder engagement from the side of civil society and victims of human rights abuses.

We call on individual members of the IAP to:

  • raise the problem of a lack of human rights compliance mechanisms at the IAP and thoroughly discuss the human rights implications before making decisions about hosting IAP meetings;
  • identify relevant human rights concerns before travelling to IAP conferences and meetings and raise these issues with their counterparts from countries where politically-motivated prosecution and human rights abuses by prosecution authorities are reported by intergovernmental organisations and internationally renowned human rights groups.

Supporting organisations:

Amnesty International

Africa Network for Environment and Economic Justice, Benin

Anti-Corruption Trust of Southern Africa, Kwekwe

Article 19, London

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asia Justice and Rights, Jakarta

Asia Indigenous Peoples Pact, Chiang Mai

Asian Human Rights Commission, Hong Kong SAR

Asia Monitor Resource Centre, Hong Kong SAR

Association for Legal Intervention, Warsaw

Association Humanrights.ch, Bern

Association Malienne des Droits de l’Homme, Bamako

Association of Ukrainian Human Rights Monitors on Law Enforcement, Kyiv

Associazione Antigone, Rome

Barys Zvozskau Belarusian Human Rights House in exile, Vilnius

Belarusian Helsinki Committee, Minsk

Bir-Duino Kyrgyzstan, Bishkek

Bulgarian Helsinki Committee, Sofia

Canadian Human Rights International Organisation, Toronto

Center for Civil Liberties, Kyiv

Centre for Development and Democratization of Institutions, Tirana

Centre for the Development of Democracy and Human Rights, Moscow

China Human Rights Lawyers Concern Group, Hong Kong SAR

Civil Rights Defenders, Stockholm

Civil Society Institute, Yerevan

Citizen Watch, St. Petersburg

Collective Human Rights Defenders “Laura Acosta” International Organization COHURIDELA, Toronto

Comunidad de Derechos Humanos, La Paz

Coordinadora Nacional de Derechos Humanos, Lima

Destination Justice, Phnom Penh

East and Horn of Africa Human Rights Defenders Project, Kampala

Equality Myanmar, Yangon

Faculty of Law – University of Indonesia, Depok

Fair Trials, London

Federation of Equal Journalists, Almaty

Former Vietnamese Prisoners of Conscience, Hanoi

Free Press Unlimited, Amsterdam

Front Line Defenders, Dublin

Foundation ADRA Poland, Wroclaw

German-Russian Exchange, Berlin

Gram Bharati Samiti, Jaipur

Helsinki Citizens’ Assembly Vanadzor, Yerevan

Helsinki Association of Armenia, Yerevan

Helsinki Foundation for Human Rights, Warsaw

Human Rights Center Azerbaijan, Baku

Human Rights Center Georgia, Tbilisi

Human Rights Club, Baku

Human Rights Embassy, Chisinau

Human Rights House Foundation, Oslo

Human Rights Information Center, Kyiv

Human Rights Matter, Berlin

Human Rights Monitoring Institute, Vilnius

Human Rights Now, Tokyo

Human Rights Without Frontiers International, Brussels

Hungarian Civil Liberties Union, Budapest

IDP Women Association “Consent”, Tbilisi

IMPARSIAL, the Indonesian Human Rights Monitor, Jakarta

Index on Censorship, London

Indonesian Legal Roundtable, Jakarta

Institute for Criminal Justice Reform, Jakarta

Institute for Democracy and Mediation, Tirana

Institute for Development of Freedom of Information, Tbilisi

International Federation for Human Rights (FIDH)

International Partnership for Human Rights, Brussels

International Service for Human Rights, Geneva

International Youth Human Rights Movement

Jerusalem Institute of Justice, Jerusalem

Jordan Transparency Center, Amman

Justiça Global, Rio de Janeiro

Justice and Peace Netherlands, The Hague

Kazakhstan International Bureau for Human Rights and Rule of Law, Almaty

Kharkiv Regional Foundation Public Alternative, Kharkiv

Kosovo Center for Transparency, Accountability and Anti-Corruption – KUND 16, Prishtina

Kosova Rehabilitation Center for Torture Victims, Prishtina

Lawyers for Lawyers, Amsterdam

Lawyers for Liberty, Kuala Lumpur

League of Human Rights, Brno

Macedonian Helsinki Committee, Skopje

Masyarakat Pemantau Peradilan Indonesia (Mappi FH-UI), Depok

Moscow Helsinki Group, Moscow

National Coalition of Human Rights Defenders, Kampala

Netherlands Helsinki Committee, The Hague

Netherlands Institute of Human Rights (SIM), Utrecht University, Utrecht

NGO “Aru ana”, Aktobe

Norwegian Helsinki Committee, Oslo

Pakistan Rural Workers Social Welfare Organization (PRWSWO), Bahawalpur

Pensamiento y Acción Social (PAS), Bogotá

Pen International, London

People’s Solidarity for Participatory Democracy (PSPD), Seoul

Philippine Human Rights Advocates (PAHRA), Manila

Promo-LEX Association, Chisinau

Protection International, Brussels

Protection Desk Colombia, alianza (OPI-PAS), Bogotá

Protection of Rights Without Borders, Yerevan

Public Association Dignity, Astana

Public Association “Our Right”, Kokshetau

Public Fund “Ar.Ruh.Hak”, Almaty

Public Fund “Ulagatty Zhanaya”, Almaty

Public Verdict Foundation, Moscow

Regional Center for Strategic Studies, Baku/ Tbilisi

Socio-Economic Rights and Accountability Project (SERAP), Lagos

Stefan Batory Foundation, Warsaw

Suara Rakyat Malaysia (SUARAM), Petaling Jaya

Swiss Helsinki Association, Lenzburg

Transparency International Anti-corruption Center, Yerevan

Transparency International Austrian chapter, Vienna

Transparency International Česká republika, Prague

Transparency International Deutschland, Berlin

Transparency International EU Office, Brussels

Transparency International France, Paris

Transparency International Greece, Athens

Transparency International Greenland, Nuuk

Transparency International Hungary, Budapest

Transparency International Ireland, Dublin

Transparency International Italia, Milan

Transparency International Moldova, Chisinau

Transparency International Nederland, Amsterdam

Transparency International Norway, Oslo

Transparency International Portugal, Lisbon

Transparency International Romania, Bucharest

Transparency International Secretariat, Berlin

Transparency International Slovenia, Ljubljana

Transparency International España, Madrid

Transparency International Sweden, Stockholm

Transparency International Switzerland, Bern

Transparency International UK, London

UNITED for Intercultural Action the European network against nationalism, racism, fascism and in support of migrants, refugees and minorities, Budapest

United Nations Convention against Corruption Civil Society Coalition

Villa Decius Association, Krakow

Vietnam’s Defend the Defenders, Hanoi

Vietnamese Women for Human Rights, Saigon

World Organisation Against Torture (OMCT)

Zimbabwe Lawyers for Human Rights, Harare[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1504604895654-8e1a8132-5a81-8″ taxonomies=”8883″][/vc_column][/vc_row]

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