“Have you ever felt joy from finding out a loved one is in prison?”

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Yury Savitsky, his wife Ekaterina and their son Nikita.

At 6pm on 10 August, 32-year-old Yury Savitsky was working in his tyre repair shop when a group of unknown people burst in, forcefully put his hands behind his back and forced him into a van with tinted windows and drove off.

Savitsky’s abduction came a day after a disputed presidential election in the country which saw incumbent Alexander Lukashenko announced as the official winner, picking up 80% of the vote and giving Lukashenko, who has been president since 1994, another five-year term.

The night before, Savitsky had taken part in a protest against the election results. International observers say that only Lukashenko’s 1994 victory has been the result of free and fair elections and many governments around the world have said they do not accept the result.

Back in May, a number of rivals to Lukashenko’s two and a half decades of power began to emerge: Viktar Babaryka, tech entrepreneur Valery Tsepkalo, popular YouTuber Sergei Tikhanovsky and lawyer Hanna Kanapatskaya.

In independent polls, Babaryka quickly emerged as the frontrunner.

Savitsky was one of those who wanted change.

His wife Ekaterina told Index by email: “My husband joined a group whose initiative was to promote [Babaryka] for president, but due to being busy with family affairs – work, family, helping his pension-age mother – he was not very active.”

As part of this group, Savitsky helped collect just 10 signatures from friends for Babaryka’s electoral registration.

“He consistently read the news and actively discussed with his friends the injustice of what was happening. But I was very worried,” said Ekaterina.

In May, Viktar Babaryka was detained on charges of illegal financial activities and his name was later struck from the election due to alleged financial inconsistencies which he denies.

Two days after Tikhanovsky announced he would run against Lukashenko, he was arrested on charges of participating in an unauthorised protest in December 2019. When his registration to take part in the election was refused, his wife Svetlana Tikhanovskaya decided to run in his place and collected the required number of valid signatures.

Meanwhile, Valery Tsepkalo was told in June that he had not achieved the required 100,000 valid signatures on his registration to take part, despite submitting 160,000. In July, he fled to Russia, fearing for his life.

After the official election result emerged, Svetlana Tikhanovskaya made an official complant but was detained for seven hours and released a video, apparently filmed under duress, calling on the people of Belarus to accept Lukashenko’s victory. After her release she fled to Lithuania where she released another video claiming it was she, not Lukashenko, who had actually won the election and with 60 to 70% of the vote.

Since the disputed result was announced, mostly peaceful protests have sprung up around the country, including women dressed in white forming solidarity chains and handing flowers to the security forces and military which our CEO Ruth Smeeth wrote about here.

Many of Lukanshenko’s opponents as well as critical journalists have been detained or tortured. News outlet Onliner.by reported how blood-stained protesters including journalist Ivan Mourauyou had been detained and beaten in a gym.

After Savitsky’s disappearance on 10 August, his wife Ekaterina – who is currently writing a children’s book about the Belarusian capital Minsk and with whom Savitsky has a four-year-old son Nikita – spent the next five days desperately trying to find out what had happened to him.

“No one from the government would tell me anything about his whereabouts or what had happened to him,” she said.

Ekaterina constantly tried to ring government phone lines where “you can find the status of everything/everyone” but they were constantly busy.  She scoured lists of detained political prisoners that volunteers had been producing.

In desperation, she started visiting the prison in Okrestina Street in the town of Zhodino, where many protestors had been detained, in the hope of catching sight of her husband or hearing news of his fate.

It was a terrible place to wait for news.

“There are the screams and groans of political prisoners being beaten inside the prison walls. There is a non-stop chain of government prison trucks entering and ambulances exiting, taking beaten and traumatised political prisoners out. Every day you see terror, pain and tears in the eyes of mothers and wives awaiting for the release of political prisoners,” she said.

She told Index, “In this fiery jar of hell and blindness you find yourself for days at a time, in hopes of finding out at least something about your loved ones. I was praying that at least my husband would be in the Zhodino prison, because rumours are that at least they don’t beat their prisoners and possibly even feed them.”

This period of uncertainty was taking its toll on the family. Savitsky ‘s mother would only utter one thing – “I pray that he is alive”.  The couple’s four-year-old Nikita would constantly ask for his parents.

“In this ordeal, I have been forced to learn not to break out into tears myself and instead support others,” said Ekaterina.

With no official news on who was in the prison, Ekaterina resorted to another method – running up to each released prisoner with a photo of Savitsky and asking “I’m sorry, was there someone with you who looked like this?”

After days of anxious waiting with no news, Ekaterina’s approach bore fruit – one of the emerging prisoners recognised Savitsky’s photograph.

“Have you ever felt joy from finding out a loved one is in prison? As absurd as it sounds, at least I knew my husband was alive,” said Ekaterina.

That was the good news. The bad news was that the government was preparing a criminal case against him. “They had already interrogated him, without a lawyer and without notifying any relatives,” said Ekaterina.

“I started to look for lawyers but many right now are overwhelmed with work and many are not taking on criminal cases,” she said.

Ekaterina eventually found one who would take on the case and returned to Zhodino with the lawyer.

“I was finally able to find out the details – my husband is accused of ‘organising mass protests based on article 293 of the Republic of Belarus,’” she said.

“My husband is accused of participating in and organising massive unsanctioned/illegal protests. He is also charged with the crime of using his vehicle to block the critical movement of people and vehicles, even though he doesn’t own a car and was without a car that night.”

“He didn’t break anything, he didn’t throw anything, he didn’t use any means of force,” she said. “I supported my husband, because I consider him a brave and responsible person. He went to the peaceful protest, hoping to impact change in our country and for the future of our son.”

On 19 August, Alexander Lukashenko announced he had ordered security forces to end the unrest in Minsk, despite protests from around the world.

Savitsky faces up to 15 years in prison if convicted.

“I am overcome by horror,” said Ekaterina. “At the moment, my husband is the only breadwinner in our family. But the most terrifying thing – at home awaits his four-year-old son who doesn’t understand where his dad is. I don’t know what to tell him.”[/vc_column_text][/vc_column][/vc_row]

Ruth Smeeth: “In Belarus, Lukashenko has used every tool available to a totalitarian leader”

[vc_row][vc_column][vc_single_image image=”114568″ img_size=”full” add_caption=”yes” alignment=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]My Twitter feed this week, probably like yours, has been filled with terrifying, outrageous but also at points inspirational images from Belarus. The sham of an election that saw Alexander Lukashenko ‘re-elected’ with 80% of the vote has been dismissed and disputed by election observers, the European Union and the US State Department.

Lukashenko has used every tool available to a totalitarian leader. His opponent Svetlana Tikhanovskaya has had to flee the country to protect her family. The military have been deployed against protestors, with public beatings a seemingly normal occurrence.  The KGB has been raiding homes overnight arresting anyone considered a threat to the regime. Dozens of journalists have been apprehended. Over 6,700 people have been detained with reports now emerging of torture taking place in the prisons and during interrogations.  This is happening on European soil in the year 2020, less than 1,400 miles from London – we cannot ignore it. We must not.

As ever the repressive tools of the dictator rarely silence the population, who seem determined to stand up against Lukashenko and his allies, in numbers not seen in Belarus since the fall of communism.

Yesterday, women wearing white and carrying flowers marched on Minsk and formed solidarity chains in numerous other areas – the protest was clear “Flowers are better than Bullets”.  Impromptu strike action has followed at the state owned BelAZ truck factory, with chants that they all voted for Tikhanovskaya not Lukashenko, with other factories seemingly following suit. The protest that touched me most was the protest from the Belarusian State Philharmonic who stood in front of their building with placards stating: “My voice was stolen” as they sang together.

Each of these acts of protest have demonstrated extraordinary feats of personal courage and bravery from a population that is tired and is demanding their basic entitlement of a democratic government that respects the rule of law. Their individual and collective actions are inspirational and it is up to all of us to make sure that they know that they aren’t alone.

Index was established to provide a voice to Soviet dissidents in the 1970s, many of whom were from Belarus.  Our commitment to them remains as strong today as it was in 1971.  We stand with the people of Belarus against tyranny and repression and we will do all we can to make sure that the world keeps paying attention to their plight.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You might also like to read” category_id=”13527″][/vc_column][/vc_row]

Interview with Justice for Journalists’ Maria Ordzhonikidze: how Russia is using Covid to clamp down on the media

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In March 2020, Index on Censorship partnered with Justice for Journalists Foundation to keep track of attacks on media freedom under cover of the Covid-19 pandemic.

Four months on and the project has recorded more than 230 physical and verbal assaults, detentions and arrests and fines around the world. Authoritarian governments are increasingly using the pandemic to clamp down on media freedom. The largest number of incidents are in Russia and the former Soviet Union. Here associate editor Mark Frary talks to JFJ’s director Maria Ordzhonikidze about why media freedom is in decline in the region.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_video link=”https://www.youtube.com/watch?v=VpbIyNZ7WKI”][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You might also like to watch” category_id=”41199″][/vc_column][/vc_row]

Monitoring and Advocating for Media Freedom: Policy recommendations for Azerbaijan, Belarus, Russia, Turkey and Ukraine

 

Index on Censorship’s Monitoring and Advocating for Media Freedom project monitors threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine. Previously these countries were also included in the Mapping Media Freedom project, which Index incubated and managed between 2014 – 2018.

This report summarises policy recommendations based on analysis since April, 2019. The recommendations are based on research by in-country correspondents and Index staff. Country reports published by the project since April are available on the project webpage.

After a brief background section, the report sets out key policy recommendations that apply to all the project countries, followed by key recommendations for each project country.

 

Background

It is essential that media freedom groups and international organisations continue to monitor, verify and document threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine, continue to raise awareness about the challenges and to advocate for change. Media freedom is severely restricted in all these countries and journalists are under great pressure.

Violence against journalists; misuse of counter-terror and security legislation to silence journalists; travel bans that isolate journalists and impact them professionally; failure to investigate violent crimes against journalists and silencing and punishing journalists through defamation and insult laws – all these are familiar tactics and increasingly common. In more recent years the introduction of restrictive internet-related legislation, such as in Russia, has opened a new frontline in the fight to safeguard media freedom.

 

RECOMMENDATIONS FOR ALL PROJECT COUNTRIES 

 

  • Governments and the EU must take a stronger stand for media freedom

Governments and multilateral groups, in particular the European Union (EU), must take a strong stand in defence of media freedom and journalists, both in their bilateral relations with the project countries and in multilateral processes. Governments and the EU should ensure that issues such as proposed or existing legislation that restricts media freedom, violence against journalists and failures to investigate crimes against journalists, form part of the agenda in strategic bilateral and multilateral discussions.

Countries that have a version of the Magnitsky Act (in the EU, this includes Estonia, Latvia, Lithuania and The Netherlands) should consider making use of this legislation in cases where media freedom and the safety of journalists are at stake. Countries that have not yet introduced such legislation should consider doing so. The UK should put its Magnitsky amendment into use. 

 

  • Impunity must end

A man lays flowers near the picture of murdered journalist Anna Politkovskaya, during a rally in Moscow, Russia, 7 October 2009. CREDIT: EPA / Alamy Stock Photo

Impunity is a major challenge in all the project countries. In Azerbaijan, the death of freelance journalist Rafic Tagi, who died in hospital after a stabbing in 2011, has never been investigated properly. Belarussian cameraman Dzmitry Zavadski disappeared in 2000 on his way to meet journalist Pavel Sheremet, later killed in Ukraine in 2016. Zavadski’s body was never found.

The instigator of the 2006 contract killing of investigative journalist Anna Politkovskaya in Russia is still not known, nor is the motive. In 2018 the European Court of Human Rights found that the Russian authorities had failed to carry out an effective investigation into her killing. Turkey failed to investigate the death of editor Rohat Aktaş, killed when he was covering hostilities between Kurdish separatists and Turkish forces in 2016.

Ukrainan journalist Pavel Sheremet was killed by a car bomb in Kyiv in 2016 and, despite statements from the authorities that the case is a priority, there has been no progress. All the project countries should commit to investigating unsolved killings of journalists and should implement the guidelines in recommendation CM/Rec(2016)4 of the Committee of Ministers of the Council of Europe.

In relation to impunity, the guidelines envisage that when investigations and prosecutions have not resulted in justice member states can consider establishing special inquiries or independent specialised bodies, and that the latter could involve participation by respected media and/or civil society figures.  

 

  • Council of Europe member states must engage fully with the platform for journalism

Council of Europe member states must engage more actively with the Council of Europe’s Platform for the protection of journalism and safety of journalists. The partner organisations of the platform, which include Index on Censorship, should continue to use the platform to raise awareness of media freedom violations and threats to journalists. This should include advocating for states to respond to all alerts communicated to the platform.

The overall response rate from states in 2018 was only 39%. It is also important that states provide substantive replies to alerts and engage in follow-up dialogue with the partner organisations. The platform is an underused mechanism, with potential to achieve more. Partner organisations can also be of assistance to member states that are willing to engage fully.

Belarus is not a member of the Council of Europe, but other international organisations and processes, such as the special procedures of the United Nations human rights council, should be engaged to follow up cases and issues in Belarus.

 

Azerbaijan must halt its use of travel bans for journalists including Khadija Ismayilova

AZERBAIJAN

 

  • The EU must defend media freedom in negotiations with Azerbaijan

The EU must use its influence to defend media freedom and journalists in Azerbaijan. Negotiations on an agreement to replace the EU-Azerbaijan Partnership and Cooperation Agreement, in place since 1999, are at an advanced stage and will need to be brought to a conclusion by the new European Commission. It is extremely important that the EU raises media freedom and human rights in these negotiations.

In 2018, the European Parliament adopted a resolution which recommended that the EU should make deepening of relations with Azerbaijan conditional on respecting democratic values and human rights, and that it should ensure that Azerbaijan frees its political prisoners (including journalists such as Afgan Mukhtarli) before the negotiations on a new partnership agreement are concluded. Mukhtarli remains imprisoned. 

 

  • End digital attacks

Azerbaijan must refrain from targeting journalists’ online activities, including through call hacking, internet blocking and distributed denial-of-service (DDoS) attacks. In October, internet blockages and disruption to mobile phone services were reported in central Baku in connection with ongoing protests. Several journalists were also detained or subjected to physical violence during the protests. Social media platforms such as YouTube should respect Azerbaijani users’, including journalists’ right to seek, receive and impart information. Platforms should implement terms and conditions consistently and transparently, including when dealing with harassment of journalists by alleged state-sponsored trolls.

 

  • Stop using travel bans

Azerbaijan must halt its use of travel bans for journalists. For example, the well known journalist Khadija Ismayilova is currently under a travel ban. OSCE Media Freedom Representative Harlem Désir has stated that it is a serious hindrance to her work as a professional journalist.

 

BELARUS

 

  • Amend the law on mass media

Belarus must amend the law on mass media. The legislation currently requires journalists, including freelancers, who work for media outlets registered outside Belarus to obtain accreditation from the foreign affairs ministry.  This has led to journalists being fined repeatedly. At a very minimum, Belarus must urgently establish procedures that enable journalists to appeal rejected accreditation requests.

 

  • Other governments must signal that restrictions are not acceptable

Other governments must make it clear to Belarus that restrictive and repressive actions against journalists will not be tolerated. This applies to the requirements for accreditation for journalists working for non-Belarussian media outlets above, but also to the practice of detaining journalists for short periods. Some observers have credited Belarus’ tendency to impose fines on journalists or to detain them for short periods – rather than sentence and imprison them – as an attempt to build alliances in the West at a time when relations with Russia are weak. Other governments need to signal clearly it is not acceptable.

 

  • Train journalists in human rights and United Nations procedures

In the case of Belarus, which is not a member of the Council of Europe, it is important that support and training aimed at enabling journalists to defend their rights includes training on other international organisations and processes, such as the special procedures of the United Nations human rights council, including the special rapporteur on the situation of human rights in Belarus.

 

Ivan Golunov

Russia must investigate cases of trumped-up charges against journalists such as Ivan Golunov

RUSSIA

 

  • Halt the extension of foreign agent legislation to individual journalists

Russia must refrain from finalising the legislative changes that would extend the scope of “foreign agent” to individual journalists. Existing problematic legislation already requires media outlets that receive funds from abroad to register as foreign agents. At the time of writing the Duma has approved changes that would extend this to individual journalists, including freelance journalists and bloggers. Any one of these receiving payments for services, or a salary from abroad, would need to register with the ministry of justice. All published work would need to display a “foreign agent” label. This legislation should not proceed, and existing legislation that labels  media outlets as foreign agents should be reviewed.

 

  • Ensure access for journalists to court proceedings

Access to court proceedings is a frequent problem for journalists. As stated in Opinion No. 8 of the Consultative Council of European Prosecutors: “Transparency in the performance of the prosecutor’s duties is an essential component of the rule of law, and one of the important guarantees of a fair trial. Not only must justice be done, but it must also be seen to be done. In order for this to be possible, the media should be able to provide information on judicial, criminal or other proceedings” (paragraph 30). The authorities must review existing processes for compliance with international standards.

 

  • Investigate cases of trumped-up charges against journalists

The authorities must thoroughly investigate cases of trumped-up charges against journalists and ensure that the instigators are brought to justice. Recent incidents include the high-profile case of Ivan Golunov, arrested for possession and trafficking of drugs, and what appears to be a fake letter sent in the name of Nikita Telizhenko with the aim of discrediting him. 

 

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey's jailed journalists ahead of Erdogan visit to Downing Street

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey’s jailed journalists ahead of Turkish President Erdogan’s visit to Downing Street in May 2018

TURKEY

 

  • Other governments should not support Turkey’s judicial reform strategy, at least not in its current form

The judicial reform strategy (JRS), launched in May, 2019, will not achieve any meaningful change, at least not in its current form. Turkey’s judicial system is not independent: it is overloaded with cases, many which concern journalists, and it has been undermined through the large-scale dismissal of judges. It is extremely important that other countries and international organisations scrutinise the judicial reform strategy, and make it clear that in its current form it is completely inadequate when it comes to addressing the enormous structural problems of the judiciary. 

 

  • Implement the recommendations of the United Nations special rapporteur

In May 2019, the United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression published a follow-up report to an earlier visit to Turkey in 2016. The rapporteur had made a series of recommendations in 2016, which included releasing jailed journalists and reversing the closure of media outlets. The follow-up report found that Turkey had either failed to implement or had contravened all the recommendations, with the exception of one (lifting the state of emergency). Turkey should urgently implement all the recommendations made by the United Nations special rapporteur.

 

  • Support trial observation

Diplomatic representations and international organisations, including the EU, need to support observation of trials that involve journalists and media outlets. High-profile trials in central locations can be well-attended by observers, but coverage of trials in remote locations is more limited. Support can include sending representatives to follow trials and/or financial support for organisations that monitor trials.

 

Ukraine President Volodymyr Zelenskiy must engage with the media. Photo: Wikimedia

UKRAINE

 

  • The government must review state support for far-right groups associated with extremism

The government needs to undertake an independent and transparent review of state support, including financial support for far-right groups associated with extremism. The review should involve international experts. It should include investigating the possibility of state security force collusion with paramilitary and extremist organisations and thorough investigations of alleged involvement in violence against journalists, such as the unsolved murder of Oles Buzina.

 

  • Elected representatives must engage with the media

President Volodymyr Zelenskiy reportedly held a 14-hour press conference in October, attended by 300 journalists. Whether it signals a new era in the relationship between Ukraine’s elected representatives and the media remains to be seen. The failure of the president and lawmakers to engage meaningfully with the media in the past has been a challenge for journalists and this needs to change. 

 

  • Invest in the public service broadcaster

In the highly divisive media landscape, the role of the public broadcaster is extremely important. Ukraine’s public broadcasting company is severely underfunded and currently has a very small audience. As Index on Censorship outlined in its Demonising the Media report a year ago, a significant but underreported trend in the region is the threat to public broadcasters. A number of national broadcasters in the EU and neighbouring countries were brought under closer government control in 2014-18. Ensuring both sufficient funding and editorial independence are crucial in ensuring the public’s right to know is defended.