Belarus: Wave of detentions must end

Dear Mr. President

We, 48 undersigned organizations from 24 countries, strongly condemn the continuing wave of detentions and harassment of peaceful protesters, journalists, human rights defenders, civil society activists, anarchists and opposition party members in Belarus.

Most of the detentions and harassment are linked to participation in peaceful protests demanding the cancellation of Presidential Decree No. 3, the so-called “social parasite” legislation, which imposes a tax on unemployed people in Belarus. Decree No. 3 obligates citizens to work a specific number of days or pay a special duty to the State under threat of arrest. This is contrary to Art. 41 of the Belarusian Constitution and violates international human rights law.

According to reports from Belarusian and international human rights organizations, as of 22 March 2017 more than 250 people have been detained since 3 March 2017, including at least 31 journalists. At least 110 people have been sentenced to 3-15 days of administrative arrest. Many of them remain in detention, while others have been subject to different forms of harassment.

We strongly condemn the fact that several detentions of peaceful protesters at different places across Belarus have been carried out with the excessive use of force by Belarusian security officers.

Several Belarusian organizations have announced a demonstration that will take place in Minsk and in other cities in Belarus on 25 March 2017. We are deeply concerned about the physical and psychological integrity of the participants of these protest marches.

As the president of Belarus we urge you:

  • to respect the right to peaceful assembly and expression
  • to ensure that there are no obstructions to the exercising of these rights in Belarus, including in relation to the planned demonstration on 25 March 2017 in Minsk and in other cities across the country
  • to guarantee in all circumstances the physical and psychological integrity of all peaceful protesters at the demonstration on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
  • to refrain from the use of excessive force by security officers on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
  • to ensure that journalists are able to fully exercise their professional duties, including during  peaceful demonstrations
  • to immediately and unconditionally release all protesters, journalists, human rights defenders, civil society activists and opposition members who have been detained in connection with the current wave of demonstrations solely for peacefully exercising their right to freedom of assembly and expression
  • to refrain from preventively detaining journalists, human rights defenders, civil society activists, anarchists and opposition activists
  • to immediately stop the persecution, harassment and intimidation of those who exercise their right to freedom of assembly, expression and association and ensure these rights to all Belarusian citizens
  • to abolish Presidential Decree No. 3 since it violates international human rights law

 

Signatories:

Albanian Helsinki Committee

Analytical Center for Interethnic Cooperation and Consultations (Georgia)

Article 19 (UK)

Association UMDPL (Ukraine)

Bir Duino (Kyrgyzstan)

Bulgarian Helsinki Committee

Center for Civil Liberties (Ukraine)

Center for the Development of Democracy and Human Rights (Russia)

Charity foundation “East-SOS” (Ukraine)

Civic Belarus (Czech Republic)

CIVICUS: World Alliance for Citizen Participation, Johannesburg

Committee to Protect Journalists (USA)

Crude Accountability (USA)

FIDH, Paris

Freedom Files (Russia/Poland)

German-Russian Exchange (Germany)

Helsinki Committee for Human Rights in Serbia

Helsinki Committee of Armenia

Helsinki Foundation for Human Rights (Poland)

Human Rights Center “Postup” (Ukraine)

Human Rights Center (Azerbaijan)

Human Rights Information Center (Ukraine)

Human Rights Monitoring Institute (Lithuania)

Humanrights.ch (Switzerland)

Index on Censorship (UK)

Institute Respublica (Ukraine)

International Partnership for Human Rights (Belgium)

IRFS (Azerbaijan)

JEF Europe: Young European Federalists, Brussels

Kazakhstan Interantional Bureau for Human Rights and the Rule of Law

Kharkiv Human Rights Protection Group (Ukraine)

KRF Public Alternative (Ukraine)

Libereco – Partnership for Human Rights (Switzerland/Germany)

Macedonian Helsinki Committee

Memorial International, Moscow

Menschenrechte in Belarus e.V. (Germany)

Moscow Helsinki Group (Russia)

NESEHNUTI – Independent Social Ecological Movement (Czech Republic)

Norwegian Helsinki Committee

Ostgruppen – Swedish Initiative for Democracy and Human Rights

Promo LEX (Moldova)

Protection of Rights without Borders NGO (Armenia)

Public Verdict Foundation Russia)

Reporters Without Borders International, Paris

The Netherlands Helsinki Committee

The Swiss Helsinki Committee

Ukrainian Helsinki Human Rights Union

World Organisation Against Torture (OMCT), Geneva

Hungary: Independent media facing soft censorship

hungary-4q-2015

Hungary’s media outlets are coming under increasing pressure from lawsuits, restrictions on what they can publish and high fees for freedom of information requests, according to a survey of the 15 verified reports to Index on Censorship’s media monitoring project during the fourth quarter of 2015.

The Mapping Media Freedom project, which identifies threats, violations and limitations faced by members of the press throughout the European Union, candidate states and neighbouring countries, has recorded 129 verified incidents in Hungary since May 2014. In the fourth quarter of 2015 the country had the second-highest total of verified reports among EU member states and the sixth highest total among the 38 countries monitored by Mapping Media Freedom.

In 2015, Hungary was ranked #65 (partially free) on the World Press Freedom Index compiled by Reporters Without Borders. Only two EU member states, Greece and Bulgaria received a worse score.

In autumn 2015, the law governing freedom of information (FOI) was amended after a series of investigative reports uncovered wasteful government spending through FOI requests. Under the changes, the Hungarian government was granted sweeping new powers to withhold information and allowed the government and other public authorities to charge a fee for the “labour costs” associated with FOI queries. Critics warned that fees would prevent public interest journalism, and, in at least one case, it appears they were right.

In other cases, journalists have been sued for slander and issued court orders for undercover reporting on the refugee crisis.

Here are the 15 reports with links to more information.

  1. 22 December 2015: Budapest Chamber of Commerce demands high price to answer FOI request

The Budapest Chamber of Commerce (BCCI) asked for 3-5 million HUF ($10,356-16,352) to answer a freedom of information (FOI) request submitted by channel RTL Klub. The Budapest Chamber of Commerce and Industry said that the price will cover the salaries of 2-3 employees who would be given the task to respond to the FOI regarding BCCI’s spending and finances.

  1. 22 December 2015: 129 fired in mass layoffs at public broadcaster

Even the jobs of those who work for the government-friendly state broadcaster are far from being secure. On 22 December 2015, 129 employees were laid off by the umbrella company for public service broadcasters (MTVA) in pursuit of “operational rationalisation”.

Those fired included journalists, editors and foreign correspondents. According to the MTVA, the reason for the dismissal was the “better exploitation of synergies”, “increase of efficiency” and “cost reduction”.

  1. 3 December 2015: Blogger suspect in slander case

András Jámbor, a blogger is suspect in a slander case because he refuted the claims of Máté Kocsis, the mayor of Józsefváros (8th district of Budapest). In August 2015, Mayor Kocsis published a Facebook post alleging that the refugees have been making fires, littering, going on rampage, stealing and stabbing people in parks.

In response, Jámbor wrote a post for Kettős Mérce blog, disproving the mayor’s claims. He added that “Máté Kocsis is guilty of instigation and scare-mongering”. The mayor denounced him for slander.

On 3 December 2015, Jámbor confirmed to police that he is the author of the blog post and sustains the affirmations he made. The police took fingerprints and mugshots of the journalist.

  1. 1 December 2015: Journalist receives court order for undercover report on refugee camps

Gergely Nyilas, a journalist working for Hungarian online daily Index.hu, was summoned to court for his undercover report on refugee camp conditions published in August 2015.

The journalist reentered Hungary’s borders with a group of asylum seekers and, upon being detained, told the border guards that he was from Kyrgyzstan. Dressed in disguise, Nyilas reported on his treatment by border guards, the conditions at the Röszke camp, a bus ride and his experience at the police station in Győr. He eventually admitted he was Hungarian, at which point the police let him go, the Budapest Beacon reported.

Based on a police investigation, prosecutors first charged Nyilas with lying to law enforcement officials and forging official documents. The charges were then dropped but prosecutors still issued a legal reprimand against the journalist.

  1. 20 November 2015: Parliament speaker bans RTL Klub TV

On 20 November 2015, László Kövér, the speaker of the parliament has banned RTL Klub television from entering the parliament building, saying that the crew broke parliament rules on press coverage. According to Kövér, the journalists were filming in a corridor, where filming was forbidden, and then refused to leave the premises after they were repeatedly asked to.

The day before, on 19 November, RTL Klub was not allowed to participate at a press conference held by Hungarian prime minister Viktor Orbán and NATO secretary general Jens Soltenberg in parliament.

RTL Klub, along with other Hungarian media outlets such as 444.hu or hvg.hu, were not invited to the press conference, but RTL Klub journalists still showed up. They attempted to enter the room with the camera rolling but were denied access. This incident reportedly led to the ban on their access.

  1. 19 November 2015: Multiple TV networks excluded from major press conference

RTL Klub TV, 444.hu and hvg.hu journalists were not invited to a joint press conference held in parliament by Hungarian prime minister Viktor Orbán and NATO secretary general Jens Soltenberg.

RTL Klub journalists still attempted to attend by entering the room with a camera already rolling but were still barred from entering.

They were told that the meeting was “private”, and journalists were not allowed to ask questions. Bertalan Havasi, the press secretary for the Hungarian prime minister, told them that their pass was only for the plenary session and that they must leave. However, state media outlets like M1 were allowed live transmission of the press conference, and MTI, the Hungarian wire service also published a piece about the meeting.

  1. 19 November 2015: MTI news agency refuses to publish press release

Publicly funded news agency MTI refused to publish a press release by Hungarian Socialist Party vice president Zoltán Lukács, where he asked for a wealth gain investigation into István Tiborcz, the son-in-law of the Hungarian prime minister. MTI refused to publish the press release, claiming that István Tiborcz is not a public figure.

The business interests of the son-in-law of Prime Minister Victor Orbán are widely discussed in the Hungarian media, especially because companies connected to Tiborcz are frequently winning public procurement tenders.

  1. 12 November 2015: Critical article removed from website of local newspaper

An article about a photo manipulation of Hungarian prime minister, Viktor Orbán was removed from the website of Szabolcs Online.

The article titled, A Mass of People Saluted Viktor Orbán at Nyíregyháza – Or Not?, had a photo showing that only two dozen people gathered around the Hungarian prime minister visiting the city of Nyíregyháza. Soon after the piece was published, it was removed from the szon.hu website. However, it was reportedly still available temporarily in Google cache.

The article was a reaction to a photo published by the state news agency, MTI, that was shot in such a way that it leaves the impression that there was a big crowd around the prime minister.

  1. 9 November 2015: TV technician assaulted at National Roma Council meeting

A technician working for Hír TV news television was assaulted at a meeting of the National Roma Council held in the city of Mohács. The technician was standing near a door, when the daughter of a member of the National Roma Council, hit him in the stomach, as she was leaving the room.

The mother of the aggressor, Jánosné Kis denied any wrongdoing, although her daughter actions were captured on film.

  1. 4 November 2015: Government could force media to employ secret service agents

Hungarian media is demanding that the government repeal a plan that could force newspapers, television and radio stations as well as online publications to add agents from the constitution protection office (national intelligence and counterintelligence) to their staff, the Associated Press reported.

The Hungarian publishers’ association claimed that if the draft proposal by the interior ministry is passed by parliament, it could “harshly interfere with and damage” media freedom, and would facilitate censorship. The association represents over 40 of Hungary’s largest media companies.

  1. 4 November 2015: Government official asks to criminalise defamation in media law

Geza Szocs, the cultural commissioner in the Hungarian Prime Ministry, has asked for a modification of Hungary’s media law that would criminalise defamation, in an article for mandiner.hu. Szocs has also asked for a stricter regulation of damages caused by defamatory articles.

The commissioner wrote the piece in response to a series of articles published by index.hu, which criticised the Hungary’s presence at the 2015 Milan World Fair, a project that Szocs was managing.

  1. 26 October 2015: Journalist told to delete photographs of government official

A journalist working on a profile of András Tállai, Hungarian secretary of state for municipalities, was asked to delete pictures he had taken of the politician eating scones.

“Don’t take pictures of the state secretary while he is eating,” a staff member told the journalist, who works for vs.hu.

The journalist briefly interviewed Tállai, who is also head of the Hungarian Tax Authority, in the township of Mezőkövesd, where the politician started the conversation by asking, “Why do you want to write a negative article about me?”. Tállai then smiled and asked the journalist, “You are registered at the Tax Authority, right?”

  1. 22 October 2015: Public radio censors interview with prominent historian

Editors at MR I Kossuth Rádió, part of Hungarian public radio, did not broadcast an interview with János M. Rainer, one of the most acclaimed historians on the 1956 Hungarian revolution.

“We don’t need a Nagy Imre-Rainer narrative!” was the justification given by one of the editors to censor the content, the reporter who interviewed Rainer claimed.

  1. 17 October 2015: State press agency refuses to publish opposition party press release

Hungarian state news agency MTI refused to publish a press release issued by Lehet Más a Politika (LMP), an opposition parliamentary party.

In the press release, LMP criticised MTI by stating the Hungarian government is spending more money every year on the news agency, yet MTI fails to meet the standards of impartiality and is being transformed into a government propaganda machine.

  1. 7 October 2015: National press barred from asking questions at conference

Hungarian journalists were not allowed to ask questions at a press conference held after a meeting between the Hungarian president János Áder and the PM of Croatia, Kolinda Grabar-Kitarovic.

Only international journalists from Reuters and the Croatian state television were allowed to ask the politicians questions.


Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


Azerbaijan: Suspension of sentences for Leyla and Arif Yunus is a welcome step, but justice still elusive

Leyla Yunus (Photo: Human Rights Watch)

Leyla Yunus (Photo: Human Rights Watch)

We — members of the Civic Solidarity Platform and the Sports For Rights Campaign — were relieved to learn that one of Azerbaijan’s most well-known political prisoners, Leyla Yunus, was released from detention yesterday and that that the Baku City Court of Appeal changed her sentence and that of her husband Arif into suspended sentences of 5 years, on probation. However, most of the charges against the couple have not been dropped and, while on probation, Leyla and Arif Yunus will not be able to leave the country. We remain seriously concerned about the state of health of Leyla Yunus, who has been diagnosed with diabetes and hepatitis C, and that of Arif Yunus, who suffers from high blood pressure. There are doubts that adequate medical assistance can be provided to Leyla Yunus in Azerbaijan.

As part of the ongoing civil society crackdown in Azerbaijan, Leyla and her husband Arif were arrested in late July and early August 2014, respectively. On 13 August 2015, they were convicted on charges of large‑scale fraud and tax evasion. Leyla was sentenced to 8.5 years in prison and Arif to 7 years. While in detention, they were humiliated by police officers, put in overcrowded cells, beaten several times and deprived of much needed medical treatment. On 13 November 2015, Arif Yunus was released under house arrest on health grounds. When ruling to change the sentences, the court of appeal dropped the charges of forgery, but retained others. The court also lifted the order to seize the house owned by the couple.

We, members of the Civic Solidarity Platform and the Sports for Rights Campaign, consider the new developments in the case of Arif and Leyla Yunus to be positive and a first step in the right direction. However, we continue to call for all charges against the couple to be dropped. Leyla Yunus requires an urgent medical examination and she should be granted the right to receive medical treatment abroad if necessary. Arif Yunus must also be provided with swift and adequate medical assistance.

Leyla and Arif Yunus are not the only political prisoners in Azerbaijan. Dozens of other civil society activists, human rights lawyers and journalists remain in detention or prison in Azerbaijan solely due to their professional activities and the peaceful and legitimate exercise of their fundamental rights and freedoms. They should be immediately and unconditionally released. The Azerbaijani government must respect its commitments before its own people, as well as its obligations under international human rights law.

 

Signed by:

Analytical Center for Interethnic Cooperation and Consultations

Article 19

Association UMDPL

Bulgarian Helsinki Committee

Baris Zvozkau Belarusian Human Rights House

Center for Civil liberties

Center for the Development of Democracy and Human Rights

Crude Accountability

Freedom Files

Helsinki Committee for Human Rights in Serbia

Helsinki Foundation for Human Rights

Human Rights House Foundation

Human Rights Monitoring Institute

Human Rights Movement “Bir Duino-Kyrgyzstan”

Index on Censorship

International Federation for Human Rights (FIDH)

International Partnership for Human Rights

Kazakhstan International Bureau for Human Rights and Rule of Law

Kosova Rehabilitation Centre for Torture Victims

KRF Public Alternative

Legal Transformation Center

Moscow Helsinki Group

Netherlands Helsinki Committee

Norwegian Helsinki Committee

Nota Bene

Promo LEX

Public Verdict Foundation

SOVA Center for Information and Analyses

Sports For Rights

Swiss Helsinki Committee

World Organization against Torture (OMCT)

Azerbaijan: Anniversary of journalist’s arrest highlights unprecedented repression in 2015

Khadija Ismayilova

Khadija Ismayilova

On the eve of the anniversary of the arrest of journalist Khadija Ismayilova, members of the Sport for Rights coalition and the Civic Solidarity Platform underscore the unprecedented nature of the repression that has taken place in Azerbaijan in the year that has passed. The groups reiterate their call for the immediate and unconditional release of Ismayilova and Azerbaijan’s other political prisoners, and for the international community to take steps to hold the Azerbaijani government accountable for its human rights obligations as matter of urgent priority.

“Ismayilova’s arrest a year ago signalled an escalation of repression in Azerbaijan”, noted Karin Deutsch Karlekar, Director of Free Expression Programs at PEN American Center. “Independent voices are being silenced at an unprecedented rate, and we urge the authorities to cease the legal and extra-legal harassment of journalists and media outlets immediately”.

On 5 December 2014, prominent investigative journalist Khadija Ismayilova was arrested on charges of inciting a local man, Tural Mustafayev, to attempt suicide. Two months later, authorities slammed her with additional politicised charges of embezzlement, illegal business, tax evasion, and abuse of power. After eight months in pre-trial detention, Ismayilova’s trial started on 7 August at the Baku Court of Grave Crimes.

Ismayilova referred to the proceedings as an “express trial”, and observers noted it was rife with due process violations, with the judges rarely granting any motions made by the defence. During the trial, Mustafayev publicly told the court that prosecutors forced him to make a statement against Ismayilova, and withdrew his accusations. Additionally, Ismayilova’s lawyer told the court that her employer did not report any funds missing, that she was not authorised to hire or dismiss other journalists, and that she was not engaged in any commercial enterprise.

On 1 September, the court convicted Ismayilova of the charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office, and sentenced her to 7.5 years’ imprisonment. She was acquitted of the charge of inciting Mustafayev to attempt suicide. On 25 November, the Baku Court of Appeals upheld this conviction, and Ismayilova was transferred to Prison Number 4 on 27 November.

Sport for Rights considers the charges against Ismayilova to be politically motivated and connected to her work as an investigative journalist, particularly her exposure of corruption among the ruling elite. Sport for Rights believes that in jailing Ismayilova, the Azerbaijani authorities sought to silence her critical voice before the country faced increased international media attention during the inaugural European Games, which took place in Baku in June. For this reason, Sport for Rights has referred to Ismayilova as a “Prisoner of the Games”.

“Ismayilova’s imprisonment is emblematic of the Azerbaijani authorities’ repression of independent journalists and human rights defenders”, said Melody Patry, Senior Advocacy Officer at Index on Censorship. “Every day Ismayilova and the other political prisoners spend in jail is another reminder to the world that the Azerbaijani government fails to respect and protect the democratic principles and fundamental rights it has committed to upholding”.

Ismayilova is one of dozens of political prisoners in Azerbaijan. Other prominent cases include journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu; bloggers Abdul Abilov, Faraj Karimli, Omar Mammadov, Rashad Ramazanov, and Ilkin Rustamzade; human rights defenders Intigam Aliyev, Rasul Jafarov, Taleh Khasmammadov, Anar Mammadli, Arif Yunus, and Leyla Yunus; NIDA civic movement activists Rashadat Akundov, Mammad Azizov, and Rashad Hasanov; opposition activist Yadigar Sadikhov; and opposition REAL movement chairman Ilgar Mammadov.

Besides politically motivated arrests and imprisonment, the Azerbaijani authorities continue to employ a wide range of tactics as part of an aggressive crackdown to silence the country’s few remaining critical voices. Independent online television station Meydan TV has been a particular target, with its staff and their relatives threatened, detained, and otherwise pressured in connection with Meydan TV’s critical news coverage of Azerbaijan. Other independent NGOs and media including the Institute for Reporters’ Freedom and Safety and its online television project Obyektiv TV, as well as Radio Free Europe/Radio Liberty’s Baku office, have also been aggressively targeted over the past year.

In addition to the post-European Games crackdown, the Azerbaijani authorities also worked to silence criticism ahead of the 1 November parliamentary elections. For the first time, the elections took place with almost no credible international observers, and with the majority of the traditional opposition boycotting. Independent domestic observers reported widespread fraud, such as carousel voting and irregularities in the vote counting and tabulation process. Now, in the run-up to the Formula One European Grand Prix, which will take place in Baku in June 2016, the crackdown shows no signs of relenting.

These issues and more are detailed in a new Sport for Rights report, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, which also contains specific recommendations to the Azerbaijani authorities and the international community on urgent measures needed to improve the dire human rights situation in the country. Sport for Rights and the Civic Solidarity Platform particularly urge the international community to sustain focus on Azerbaijan over the coming months, when critical voices will need concrete support more than ever before.

Supporting organisations:

ARTICLE 19
Association of Ukrainian Human Rights Monitors on Law Enforcement
Canadian Journalists for Free Expression
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Civil Rights Defenders
Committee to Protect Journalists
Crude Accountability
Freedom Now
Front Line Defenders
Georgian Young Lawyers’ Association
Golos Svobody Public Foundation (Kyrgyzstan)
Human Rights House Foundation
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH), within the framework of the
Observatory for the Protection of Human Rights Defenders
International Partnership for Human Rights
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
Kosova Rehabilitation Centre for Torture Victims
Norwegian Helsinki Committee
PEN American Center
People In Need
Platform
Promo-LEX (Moldova)
Public Verdict Foundation (Russia)
Reporters Without Borders
Sova Center for Information and Analysis (Russia)
World Organisation Against Torture (OMCT), within the framework of the
Observatory for the Protection of Human Rights Defenders