Index calls on US Department of Justice to drop Julian Assange appeal

[vc_row][vc_column][vc_column_text]U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
February 8, 2021

 

 

Acting Attorney General Monty Wilkinson:

We, the undersigned press freedom, civil liberties, and international human rights advocacy organizations, write today to share our profound concern about the ongoing criminal and extradition proceedings relating to Julian Assange, the founder of Wikileaks, under the Espionage Act and the Computer Fraud and Abuse Act.

While our organizations have different perspectives on Mr. Assange and his organization, we share the view that the government’s indictment of him poses a grave threat to press freedom both in the United States and abroad. We urge you to drop the appeal of the decision by Judge Vanessa Baraitser of the Westminster Magistrates’ Court to reject the Trump administration’s extradition request.

We also urge you to dismiss the underlying indictment.

The indictment of Mr. Assange threatens press freedom because much of the conduct described in the indictment is conduct that journalists engage in routinely—and that they must engage in in order to do the work the public needs them to do. Journalists at major news publications regularly speak with sources, ask for clarification or more documentation, and receive and publish documents the government considers secret. In our view, such a precedent in this case could effectively criminalize these common journalistic practices.

In addition, some of the charges included in the indictment turn entirely on Mr. Assange’s decision to publish classified information. News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.

We appreciate that the government has a legitimate interest in protecting bona fide national security interests, but the proceedings against Mr. Assange jeopardize journalism that is crucial to democracy.

The Trump administration positioned itself as an antagonist to the institution of a free andunfettered press in numerous ways. Its abuse of its prosecutorial powers was among the most disturbing. We are deeply concerned about the way that a precedent created by prosecuting Assange could be leveraged—perhaps by a future administration—against publishers and journalists of all stripes. Major news organizations share this concern, which is why the announcement of charges against Assange in May 2019 was met with vociferous and nearly universal condemnation from virtually every major American news outlet, even though many of those news outlets have criticized Mr. Assange in the past.

It is our understanding that senior officials in the Obama administration shared this concern as well. Former Department of Justice spokesperson Matthew Miller told the Washington Post in 2013, “The problem the department has always had in investigating Julian Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists.”

It was reportedly the press freedom implications of any prosecution of Mr. Assange that led Attorney General Eric Holder’s Justice Department to decide against indicting him after considering doing so.
It is unfortunately the case that press freedom is under threat globally. Now more than ever, it is crucial that we protect a robust and adversarial press—what Judge Murray Gurfein in the Pentagon Papers case memorably called a “cantankerous press, an obstinate press, an ubiquitous press” —in the United States and abroad.

With this end in mind, we respectfully urge you to forgo the appeal of Judge Baraitser’s ruling, and to dismiss the indictment of Mr. Assange.

Respectfully,

(in alphabetical order)

Access Now
American Civil Liberties Union
Amnesty International – USA
Center for Constitutional Rights
Committee to Protect Journalists
Defending Rights and Dissent
Demand Progress
Electronic Frontier Foundation
Fight for the Future
First Amendment Coalition
Free Press
Freedom of the Press Foundation
Human Rights Watch
Index on Censorship
Knight First Amendment Institute at Columbia University
National Coalition Against Censorship
Open The Government
Partnership for Civil Justice Fund
PEN America
Project on Government Oversight
Reporters Without Borders
Roots Action
The Press Freedom Defense Fund of First Look Institute
Whistleblower & Source Protection Program (WHISPeR) at ExposeFacts[/vc_column_text][/vc_column][/vc_row]

International Day of Solidarity with Belarus

[vc_row][vc_column][vc_single_image image=”116175″ img_size=”full” add_caption=”yes”][vc_column_text]Ahead of the International Day of Solidarity with Belarus on 7 February, the undersigned organisations working in the field of freedom of expression and media freedom call for the immediate and unconditional release of all journalists and media workers who continue to be arbitrarily detained.

Nearly six months since President Alexander Lukashenko claimed a landslide victory in what has been widely acknowledged and condemned as a fraudulent election, opposition leader Svetlana Tikhanovskaya remains in exile and thousands of protesters continue to take to the streets of Minsk calling for his resignation.

The regime has made every effort to prevent its citizens from accessing independent information. News outlets have had their publishing licences revoked. Some have their equipment seized. Independent newspapers are banned from printing and barred from sales through the national state monopolist retailer.

As part of this effort, the authorities have also used violence, threats, and arbitrary detention to intimidate journalists and prevent them from doing their jobs. Reporters and photographers wearing press vests have been deliberately targeted by law enforcement. According to the Belarusian Association of Journalists (BAJ), journalists were detained 480 times in 2020. They have spent over 1,200 days behind bars, often without being told what, if any, charges they face.

At least ten journalists and media workers remain in detention, among them are several of our friends and colleagues. They are: Katsiaryna Barysevich, Daria Chultsova, Yulia Slutskaya, Alla Sharko, Siarhei Alsheuski, Petr Slutski, Ksenia Lutskina, Andrei Aliaksandrau, and Aliaksandr Mikrukou.

As the International Day of Solidarity with Belarus approaches, we are calling for each and every journalist and media worker to be immediately and unconditionally released. We condemn the blatant violations to their human rights and once again remind the Belarusian authorities of their obligations under international law.

Signed:

Jessica Ní Mhainín, Senior Policy Research and Advocacy Officer, Index on Censorship

Dave Elseroad, Head of Advocacy and Geneva Office, Human Rights House Foundation (HRHF)

Maria Ordzhonikidze, Director, Justice for Journalists Foundation

Ricardo Gutiérrez, General Secretary, European Federation of Journalists (EFJ)

Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19

Laurens Hueting, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF)

Jaroslaw Wlodarczyk, Secretary General, International Association of Press Clubs (IAPC)

Marcin Lewicki, President, Press Club Polska

Daniela Kraus, General Secretary, Presseclub Concordia, Vienna

Andrei Bastunets, Chairperson, Belarusian Association of Journalists (BAJ)

Peter Spiegel, Press Freedom Committee Chair, Overseas Press Club of America (OPC)

Board of Frankfurter Presseclub

Board of Press Club Brussels Europe

Pierre Ruetschi, Executive Director, Geneva Press Club

Ryszard Bankowicz, President, Polish Club of International Columnists

S Venkat Narayan, President, FCC of South Asia, New Delhi, India

Uri Dromi, Director General, Jerusalem Press Club[/vc_column_text][/vc_column][/vc_row]

Behind Belarus’ shocking statistics are real people

[vc_row][vc_column][vc_column_text]Last week one of our former colleagues and correspondents – Andrei Aliaksandrau – was detained in Belarus. Our friend, colleague and human rights defender is now being arbitrarily held for defending the right to free expression.

Our team is anxious for news and, honestly, even though we report on and cover attacks on journalists every day and campaign for people to be released from prison, we still feel impotent about what we can do to help.

Andrei and his partner, Irina Zlobina, are expected to be charged with “education or other preparation of persons for participation in group actions that grossly violate public order, as well as financing or other material support of such activities”.

Under Lukashenko’s regime these charges could result in a two-year sentence. Two years in prison for supporting people’s peaceful right to assembly. Two years’ detention for demanding free and fair elections. Two years for standing up for free speech.  Their lawyer has been forced to sign a non-disclosure agreement, so we are struggling to get information about their wellbeing and future legal sanctions.

As upset as we are, Andrei’s case wasn’t the most unsettling part of the week.

 Andrei and Irina are just two of the 187 people that the Viasna human rights center identify as political prisoners – journalists, activists and citizens who have been arrested and detained by Lukashenko’s regime. Their collective ‘crimes’ are being brave enough to keep fighting against tyranny and to stand up for both what is right and their human rights.

Statistics can be shocking – 187 prisoners of conscience logged with the EU. But behind every statistic there is a person, a family, a story, a life. Andrei is a friend to many of the Index family so we know he was a Liverpool fan. We know that he likes malt whisky and when in London a visit to the Betsey Trotwood pub. We know he loves dogs. We know that because we know him.

And we know that Andrei wouldn’t want us to forget about the others that have also been arrested. He wouldn’t want us to stop exposing the actions of Lukashenko. He wouldn’t want us to be silent. So, for him, for Irina and the hundreds of other people currently detained in Belarus we will keep using our voices to fight for their freedom, while they cannot.

Index was established to be a voice for the persecuted – our friend is being persecuted and we will make sure his voice is heard – together.[/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]

Index calls for the release of Andrei Aliaksandrau

[vc_row][vc_column][vc_single_image image=”116010″ img_size=”full”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Dedicated and principled. Brave and committed. Optimistic and humorous. A fan of Liverpool FC and of pubs.

This is Andrei Aliaksandrau, a journalist who has been detained this week in Belarus on charges of “organisation and preparation of actions that grossly violate public order, or active participation in them”. A video of him making a “confession” of paying the fines of those who have been protesting at the rigged re-election of President Alexander Lukashenko has been released by the authorities in Belarus.

His arrest and forced confession have hit home hard at Index on Censorship, where he was on the staff for a number of years, leading a project looking at freedom of the media across the Caucasus, and writing regularly about Belarus and Ukraine. After he returned to Belarus, he also continued working for Index as a freelance contributor from the region.

Former Index on Censorship editor-in-chief Rachael Jolley says he is the sort of person who puts his life and soul into the cause of making people realise what is going on in Belarus.

“He feels really strongly about media freedom and feels the world doesn’t pay enough attention to what is going on there,” she says.

“He worked so hard to bring stories out of Belarus when most journalists would be too worried to cover them. He keeps covering stories when others have given up.”

Natasha Schmidt, editor of IranWire and who worked at Index for 13 years, most recently as deputy editor, says,He is such an amazing journalist and a great colleague.”

She says, “Andrei is so knowledgeable about Belarus and the wider region, including Ukraine from where he produced a lot of reports in recent years.”

That Aliaksandrau is in Belarus at this time of huge popular protest comes as no surprise.

Jolley added, “A lot of people have come onto the streets of Belarus feeling there was a moment of hope that there might be change. Andrei would have been on the front line of this.”

Schmidt says, “Given what has been going on in Belarus, he would have thought if he wasn’t already there then it was time for him to go back and join in this important movement.”

She adds, “Andrei is one of those people who is brave without trying to be. He is very committed to his work and freedom of expression in the region.”

Sean Gallagher, who also worked alongside Aliaksandrau at Index, says his arrest is of great concern but not entirely unexpected.

“I hate to be fatalistic but it was only a matter of time before he was detained, given the nature of the regime,” he says.

“I remember clearly talking to him about how we should communicate and whether he should continue to use Gmail or whether we should move to an encrypted platform. His response was ‘Gmail is fine because using encryption raises a flag’”.

“He was well aware he was being watched,” says Gallagher, “but knowing that he has been detained just for telling the truth, that pisses me off.”

Aliaksandrau is devoted to his work but he also has a life outside work. All of his former colleagues mention his love of British pubs. He was a regular at the Betsey Trotwood pub in Farringdon in London when Index was based at the Free Word Centre and has a particular passion for a good malt whisky, taking trips to various distilleries in Scotland during his time in the country.

They also reflected on his easy-going nature.

“As a colleague, he was very easy to spend time with and has a great sense of humour. He was a good person to have around, he was so relaxed and would have a laugh and ease any tension in office politics,” said Schmidt.

Andrei is also a keen supporter of Liverpool FC and has a love of nature.

Despite his detention and enforced confession, former editor Jolley says Aliaksandrau is an “optimist”.

“He always felt there would be change and would do everything he could to make it change. He strongly believes Belarus will one day have a free society,” says Jolley.

That time cannot come soon enough. Aliaksandrau – no Andrei – must be released.

Schmidt speaks for us all when she says: “We all hope we can see him soon and hear he is safe.”

Index has sent letters to the foreign secretary Dominic Raab and Belarussian ambassador to the UK Maxim Yermalovich calling for Andrei’s release.

Please sign this petition to call on the Belarusian authorities to release Andrei and his girlfriend Irina.  [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”172″][/vc_column][/vc_row]

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