Attacks on journalists covering protests increase says new report

Physical attacks on journalists have increased dramatically over the past year, according to the latest annual report from the Council of Europe Platform on media freedom in Europe.

The platform, of which Index on Censorship is a partner, reports on serious threats to the safety of journalists and media freedom in Europe in order to reinforce the Council of Europe’s response to the threats and member states’ accountability.

The new report, Defending Press Freedom in Times of Tension and Conflict, reveals that the number of cases involving the safety and physical integrity of journalists has jumped by 51% year-on-year, with 82 cases reported to the platform.

Many of the attacks on journalists have taken place during public protests.

“Violence against journalists during street protests is fed by a wave of media bashing and an avalanche of hate speech on social networks – very often prompted by political figures – which directly target journalists, questioning their independence and legitimacy and therefore making them more vulnerable to physical aggression,” the report says.

Overall, the number of alerts in all categories published by the CoE platform has sky-rocketed to 280 in 2021, up from around 200 in 2020 and more than double the level reported in 2016. Of the 280 alerts, 110 related to the harassment and intimidation of journalists.

Index’s policy and campaigns manager Jessica Ní Mhainín

Speaking at the launch of the report, Index’s policy and campaigns manager Jessica Ní Mhainín highlighted cases of impunity in CoE’s report.

“Impunity for crimes against journalists refer to failure of states to identify, prosecute and punish anyone including the assailants and masterminds involved in committing a crime against a journalist,” she said. “Cultures of impunity contribute to self-censorship by making journalists more vulnerable to pressures out of fear of reprisals or harm.”

Some 35 cases of impunity have been registered on the platform since 2015 and two new impunity cases – those of Turkish journalist Uğur Mumcu, murdered in 1993, and Turkish-Cypriot journalist Kutlu Adalı, murdered in Cyprus in 1996 – were added to the impunity category during the year.

“In 2021, we welcomed the Slovak Supreme Court’s decision to overturn the not-guilty verdicts of the suspected masterminds of the 2018 murder of journalist Ján Kuciak and his fiancée Martina Kušnírová. The case will be heard in the Specialized Criminal Court later this year,” said Ní Mhainín.

Last year also saw the publication of a 438 page-report from the public inquiry into the assassination  of investigative journalist Daphne Caruana Galizia, which concluded that the state of Malta “must bear responsibility for the assassination because it created an atmosphere of impunity”.

“We once again call on the Maltese authorities and the Commission of Experts to implement the recommendations of the Public Inquiry,” said Ní Mhainín.

Russia, Turkey and Ukraine account for 60% of all the cases relating to impunity on the platform. Last October marked the 15th anniversary of Russian journalist Anna Politkovskaya’s murder.

Ní Mhainín said, “The masterminds of her murder are still at large, sending the incredibly dangerous message that killing a journalist is a low-risk crime.”

Yet impunity is not restricted to these countries.

A BBC Spotlight investigation has uncovered serious concerns over the police investigation and the failure to prosecute those behind the murder of Irish journalist Martin O’Hagan, who was killed in September 2001 for his reporting on paramilitary activities in Northern Ireland. The concerns raised in the programme, which aired on 2 March 2022, came in the wake of several Police Ombudsman reports that uncovered collusive behaviour between the police and loyalists in Northern Ireland. According to the BBC’s investigation, police did not act on important information – including individual names – that were handed over to them within 48 hours of the murder. The journalist’s family are now taking legal action against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence.

“Press freedom is the canary in the coal mine – it is a key indicator of the clear and worrying degree of democratic backsliding that is taking place across Europe,” said Ní Mhainín. “That’s why we once again call on Council of Europe member states to ensure that the highest priority is given to conducting thorough and transparent investigations into all crimes against journalists and we remind member states of the 2016 Recommendation of the Committee of Ministers which requires states ‘adopt appropriate criminal law provisions to prevent impunity’”

Attempted murder of Dutch crime reporter Peter R de Vries “a slippery slope of violence”

[vc_row][vc_column][vc_single_image image=”117066″ img_size=”full” add_caption=”yes”][vc_column_text]Dutch crime journalist Peter R de Vries is fighting for his life in a hospital in Amsterdam, after he was shot in the head on Tuesday evening. He had just left the studio of a TV show to which he is a regular contributor. Two suspects have been arrested.

De Vries is one of the best-known journalists in the Netherlands and is recognised for his deep commitment to the victims of the crimes he investigates. Tenacious like a pitbull, he pursues their stories to deliver justice.

He doesn’t shy away from crossing the boundaries of journalism either: he recently started a crowdfunding campaign to raise one million euros to be used as tip money to help solve a cold case of a missing student dating back to 1983.

The attempt on his life is likely to be connected to another step he took away from journalism: he became the confidant of Nabil B., a Crown witness in a trial against an exceptionally violent drugs gang. Although police haven’t commented on the attempted murder yet, few doubt that this is the context in which it needs to be placed.

In an interview with Index on Censorship, De Vries’ colleague Gerlof Leistra, a crime reporter for weekly EW Magazine for more than 30 years, bluntly stated: “This murder attempt is not an attack on press freedom and is not related to journalism.”

Some may question this view; investigative journalists have often pushed at the boundaries in order to secure the story.

Leistra said he has always respected De Vries as a colleague, and pointed out that De Vries never focuses on organised crime in his journalistic investigations. Leistra said: “With his stories and book about the Heineken abduction and murder in 1983 as an exception, he focused on cold cases, deceit, scams. He’s a fantastic man, who could get genuinely wound up about an unjust parking ticket for an old lady. He crossed a journalistic line though when he became Nabil B.’s confidant.”

To be accepted as such by the authorities and get access to his client, De Vries became an employee of the lawyer’s office that represented the Crown witness. It was a clear risk.

The so-called Marengo trial revolves around one of the most violent organised crime organisations ever uncovered in the Netherlands. On trial are the gang’s leader Ridouan Taghi and more than a dozen of his accomplices.

The pursuit of the gang has already led to the murder of others connected with the case. In 2018, Nabil B.’s brother was murdered by Taghi’s men. A year later, Derk Wiersum, Nabil B.’s lawyer, was also murdered. Despite the risk, De Vries refused personal protection.

In a recent interview with magazine Vrij Nederland, De Vries said: “I’m not a scared person, but Nabil’s brother and his previous lawyer were murdered so you don’t have to be hysterical to think something may happen. That’s part of the job. A crime reporter who thinks ‘it’s all getting a bit too intense now’ when the going gets tough, should instead work for Libelle,” referring to a weekly women’s magazine.

Crime journalist Leistra said that the murder attempt is an attack on the rechtsstaat, the system of legal institutions that upholds and protects the state of law. Thomas Bruning, general secretary of the Dutch Journalists Union (NVJ) agrees in part. He told Index on Censorship: “We have to nuance the image of this murder attempt being about press freedom only. Nevertheless, for his colleagues, this is an attack on one of them, and it creates a chilling climate.”

This climate has become colder in the last couple of years. Research by the NVJ has shown that more journalists in the Netherlands are getting targeted verbally or physically for their work. National broadcaster NOS last year decided not to use vans with its logo any more because it is increasingly triggering agression.

On Twitter, Dutch Member of Parliament Geert Wilders recently called journalists ‘scum’.

Bruning said: “Criminals aren’t triggered by that of course, but this all complicates the role of journalists in society. There have been threats against journalists, and now one such threat was put into practice.”

This is also what Bruning discussed with the authorities this week during a meeting with Justice Minister Ferd Grapperhaus.

He said: “It’s positive that two suspects have been arrested. The authorities do take this seriously so I don’t think we can draw a parallel with murders of journalists elesewhere in Europe.”

Bruning was referring to the murders of Daphne Caruana Galizia in Malta in 2017 and Ján Kuciak in Slovakia in 2018, which laid bare corruption within the state.

Nevertheless, Bruning sees a development to which he drew Grapperhaus’s attention. He said: “Before, criminals killed each other, then they murdered a lawyer, now an attempted murder of a journalist for, most likely, his role in a trial. Who knows, maybe the next target is a journalist who only reports about crime. It’s a slippery slope.”[/vc_column_text][/vc_column][/vc_row]

UK whistleblower Jonathan Taylor finally freed from extradition torment almost one year on

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Whistleblower Jonathan Taylor

We are delighted to announce that on Wednesday 7 July 2021, Croatian Justice Minister Ivan Malenica formally rejected the request by Monaco to extradite UK whistleblower Jonathan Taylor. Jonathan Taylor’s Support Group extends its gratitude to the Minister for taking the right decision.

The move comes following sustained calls for the past 11 months from human rights and civil liberties campaigners across Europe – and UK MPs –  for his immediate release and safe return home. Legal experts backing the release of Jonathan Taylor said there was no proper legal basis for Monaco to seek Mr. Taylor’s extradition and the process was retaliatory in nature. Lawyers acting on behalf of Jonathan Taylor argued that it constituted an abuse of process.

Jonathan Taylor was arrested whilst on a family holiday in Croatia last July, and has been restrained there since. He has been isolated, away from his family, and unable to support himself or his family, all of which have taken an extreme toll on his mental wellbeing.

A former in-house lawyer for oil firm SBM Offshore based in Monaco, Jonathan Taylor blew the whistle in 2013 on a massive bribery scheme. Jonathan’s whistleblowing disclosures led to SBM Offshore paying over $800 million in fines in the US, Netherlands and Brazil and investigations which led to successful prosecutions of two former CEOs for fraud-related offences.

Yet nine years later, he was arrested on a questionable Interpol Red Notice  whilst on holiday, and wanted for questioning in Monaco over allegations made by his former employer over his settlement. The Red Notice was withdrawn by Monaco last December on the eve of Interpol making a determination on its validity. Jonathan denies wrongdoing and his lawyers have long argued there is no legal basis for extraditing him for questioning as he is neither charged nor convicted of any offences.

“I am of course elated that justice has finally prevailed and I am appreciative that Minister of Justice Ivan Malenica was able to pay regard to the salient legal arguments of my lawyers that were seemingly overlooked by the Courts in making his decision to reject Monaco’s flawed attempt at extraditing me,” states Jonathan Taylor.

“Special thanks go to all my supporters in Europe, overseas and in Croatia who somehow kept me sane in my year of need! Be assured that I remain resolute and proud of exposing serious wrongdoing at SBM Offshore and I will never be intimidated by the corrupt and those that shamefully seek retaliation against me for exposing them. I continue to stand ready to assist the Monaco Prosecutor in the event that a decision is made to pursue those responsible for SBM Offshore’s illicit business practices instead of me.”

We agree with Jonathan. The Minister of Justice of Croatia, Ivan Malenica, carefully considered the position of Jonathan Taylor as a whistleblower and a protected witness. His decision in this case has wider implications for the rule of law in Europe: it is a victory for the public’s right to know about wrongdoing by protecting the messengers of that information. Whistleblowers play a vital role in Europe’s fight against global corruption. Croatia has demonstrated its commitment to the rule of law and to the protection of whistleblowers.

We now call on Monaco to drop any further proceedings against Jonathan Taylor and to focus on the actions of SBM Offshore as a proper target for their investigations.

We wish Jonathan a safe return to the UK where he can begin to rebuild his life.

European Centre for Press and Media Freedom (ECPMF)

Whistleblowing International Network (WIN)

Martin Bright, Editor, Index on Censorship (United Kingdom)

Protect (United Kingdom)

Guernica 37 International Justice Chambers (United Kingdom)

Centre for Free Expression (Canada)

Free Press Unlimited

The Government Accountability Project (USA)

ARTICLE 19

The Platform to Protect Whistleblowers in Africa (PPLAAF)

Transparency International EU

The Daphne Caruana Galizia Foundation (Malta)

Pištaljka (Serbia)

Blueprint for Free Speech (Germany and Australia)

The Signals Network (USA/France)

Transparency International – Bulgaria

Transparency International Italy

SpeakOut SpeakUp Ltd

European Organisation of Military Associations and Trade Unions (EUROMIL)

Transparency International Secretariat

Access Info Europe

GlobaLeaks

European Federation of Journalists (EFJ)

Eurocadres – Council of European Professional & Managerial Staff

Professor David Lewis, Middlesex University (UK)

Osservatorio Balcani Caucaso Transeuropa (OBCT)

Sherpa (France)

WhistleblowersUK

Baroness Kramer, Co-Chair of the All Party Parliamentary Group on Whistleblowing (UK)

Mary Robinson MP, Co-Chair of the All Party Parliamentary Group on Whistleblowing (UK)[/vc_column_text][/vc_column][/vc_row]

Don’t SLAPP the Messenger

[vc_row][vc_column][vc_single_image image=”116887″ img_size=”large”][vc_column_text]Why abusive legal threats and actions against journalists must be stopped.

Journalists are public watchdogs: by bringing information that is in the public interest to light, they help to hold power to account. But what if powerful or wealthy people wanted to keep their wrongdoings a secret? Abusive legal threats and actions, known as strategic lawsuits against public participation – or SLAPPs, are increasingly being used to intimidate journalists into silence. They are used to cover up unethical and criminal activity and to prevent the public of their right to know. SLAPPs have a devastating impact, not only on media freedom, but on human rights, rule of law, and our very democracies. This webinar hosted by Index on Censorship, the European Centre for Press and Media Freedom (ECPMF) and Foreign Policy Centre (FPC), will examine the issue of SLAPP and why we need to take action in the UK and the EU to stop them.

Speakers:
Bill Browder, Head of Global Magnitsky Justice Campaign (chair)
Annelie Östlund, financial journalist
Herman Grech, Editor in Chief of Times of Malta
Justin Borg Barthet, Senior Lecturer at University of Aberdeen

With contributions from:
Jessica Ní Mhainín, Policy and Campaigns Manager at Index on Censorship
Paulina Milewska, Anti-SLAPP Project Researcher at ECPMF
Susan Coughtrie, Project Director at Foreign Policy Centre

 

Register for tickets here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row][vc_row][vc_column][vc_column_text][/vc_column_text][/vc_column][/vc_row]