Russia: Two years without justice for murdered journalist Akhmednabi Akhmednabiyev

“Impunity is a great threat to press freedom in Russia,” said Melody Patry, Index on Censorship’s Senior Advocacy Officer. “Failing to use appropriate measures to investigate the murder of Akhmednabi Akhmednabiyev is not only a denial of justice, it sends the tacit message that you can get away with killing journalists. When perpetrators are not held to account, it encourages further violence towards media professionals.”

Statement

On the 2nd anniversary of the murder of independent Russian journalist, Akhmednabi Akhmednabiyev, we, the undersigned organisations, call for the investigation into his case to be urgently raised to the federal level.

Akhmednabiyev, deputy editor of independent newspaper Novoye Delo, and a reporter for online news portal Caucasian Knot, was shot dead on 9 July 2013 as he left for work in Makhachkala, Dagestan. He had actively reported on human rights violations against Muslims by the police and Russian army.

Two years after his killing, neither the perpetrators nor instigators have been brought to justice. The investigation, led by the local Dagestani Investigative Committee, has been repeatedly suspended for long periods over the last year and half, with little apparent progress being made.

Prior to his murder, Akhmednabiyev was subject to numerous death threats including an assassination attempt in January 2013, the circumstances of which mirrored his eventual murder. Dagestani police wrongly logged the assassination attempt as property damage, and only reclassified it after the journalist’s death, demonstrating a shameful failure to investigate the motive behind the attack and prevent further attacks, despite a request from Akhmednabiyev for protection.

Russia’s failure to address these threats is a breach of the state’s “positive obligation” to protect an individual’s freedom of expression against attacks, as defined by European Court of Human Rights case law (Dink v. Turkey). Furthermore, at a United Nations Human Rights Council (HRC) session in September 2014, member States, including Russia, adopted a resolution (A/HRC/27/L.7) on safety of journalists and ending impunity. States are now required to take a number of measures aimed at ending impunity for violence against journalists, including “ensuring impartial, speedy, thorough, independent and effective investigations, which seek to bring to justice the masterminds behind attacks”.

Russia must act on its human rights commitments and address the lack of progress in Akhmednabiyev’s case by removing it from the hands of local investigators, and prioritising it at a federal level. More needs to be done in order to ensure impartial, independent and effective investigation.

On 2 November 2014, 31 non-governmental organisations from Russia, across Europe as well as international, wrote to Aleksandr Bastrykin calling upon him as the Head of the Investigative Committee of the Russian Federation, to raise Akhmednabiyev’s case from the regional level to the federal level, in order to ensure an impartial, independent and effective investigation. Specifically, the letter requested that he appoint the Office for the investigation of particularly important cases involving crimes against persons and public safety, under the Central Investigative Department of the Russian Federation’s Investigative Committee to continue the investigation.

To date, there has been no official response to this appeal. The Federal Investigative Committee’s public inactivity on this case contradicts a promise made by President Putin in October 2014, to draw investigators’ attention to the cases of murdered journalists in Dagestan.

As well as ensuring impunity for his murder, such inaction sets a terrible precedent for future investigations into attacks on journalists in Russia, and poses a serious threat to freedom of expression.

We urge the Federal Investigation Committee to remedy this situation by expediting Akhmednabiyev’s case to the Federal level as a matter of urgency. This would demonstrate a clear willingness, by the Russian authorities, to investigate this crime in a thorough, impartial and effective manner.

Supported by

ARTICLE 19
Albanian Media Institute
Analytical Center for Interethnic Cooperation and Consultations (Georgia)
Association of Independent Electronic Media (Serbia)
The Barys Zvozskau Belarusian Human Rights House
Belorussian Helsinki Committee
Center for Civil Liberties (Ukraine)
Civil Society and Freedom of Speech Initiative Center for the Caucasus
Crude Accountability
Helsinki Citizens’ Assembly – Vanadzor (Armenia)
Helsinki Committee of Armenia
Helsinki Committee for Human Rights in Serbia
Helsinki Foundation for Human Rights
The Human Rights Center of Azerbaijan
Human Rights House Foundation
Human Rights Monitoring Institute
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
International Partnership for Human Rights
International Press Institute
Kharkiv Regional Foundation -Public Alternative (Ukraine)
Kazakhstan International Bureau for Human Rights and Rule of Law
Moscow Helsinki Group
Norwegian Helsinki Committee
PEN International
Promo LEX Moldova
Public Verdict (Russia)
Reporters without Borders

Заявление по-русски

Padraig Reidy: Doubting Cambridge University Press’s commitment to academic freedom

(Image: /Demotix)

(Photo: Demotix)

Vladimir Putin has returned to his people after a noted absence. Like Jesus Christ, but with a longer interlude. Was Vladimir Vladimirovich on paternity leave? Has he been ill? Did a botox injection go wrong? Was he fending off a coup? Has there, in fact, been a coup? Is this even the real Putin we see before us? Has he been replaced by a KGB cyborg?

It’s all delightfully old-fashioned, as if global politics was being staged by the Secret Cinema people. Any day now, someone will declare that Kremlinology is the hot new thing among urban ABC1 early adopters.

As ever, this column aims to be ahead of the curve. So what do we know?

The near-coincidence of the murder of Boris Nemtsov and the temporary disappearance of the president is bound to raise suspicion. I recall a conversation with an old colleague who grew up under the Soviet system. The idea of “cock up versus conspiracy” came up. I explained haughtily how people were wrong to see invisible hands guiding events when sheer human incompetence was almost always the explanation when things went weird. “Yes,” my friend replied. “But where I’m from, there usually is a conspiracy.”

Fair point.

The rounding up of some Chechens to pin the assassination of Nemtsov on feels almost contemptuous. It’s like the Russian authorities are not even bothering any more, or as if they are hoping to win a medal for sheer chutzpah in the face of the facts.

The suggestion that seems to be gaining ground is that Putin is no longer in charge, or perhaps won’t be for much longer. People such as The Economist’s Ed Lucas, The Times’s Roger Boyes and The Interpreter’s Catherine Fitzpatrick now speak deadly seriously about a return to the Cold War, with Putin outflanked by people who think he is not hardline enough.

A long blogpost on the current situation by Fitzpatrick outlines the scenarios. Former Prime Minister Primikov has issued an ultimatum to Putin, but Primakov himself could not command a move against Putin. Nemtsov had to go because a popular outsider could have caused problems for a palace coup. What is the involvement of Duma Deputy Delimkhanov, a cousin of Chechen President Kadyrov? What is the position of Viktor Zolotov, head of internal troops? It all becomes dizzyingly complicated, like an epic Russian novel, or Woody Allen’s parody of the epic Russian novel, Love and Death: “Alexei loves Tatiana like a sister… Tatiana’s sister loves Trigorian like a brother… Trigorian’s brother is having an affair with my sister, who he likes physically, but not spiritually… The firm of Mishkin and Mishkin is sleeping with the firm of Taskov and Taskov.”

Putin returned this week, not offering an explanation for his 10-day absence, but instead wryly commenting, during a press conference with the president of Kyrgyzstan, Almazbek Atambayev, that “life would be boring without gossip”.

Indeed, Vladimir Vladimirovich. Indeed.

The miasma to the east of the European Union’s borders has become more impenetrable and more obvious since the outbreak of fighting in Ukraine. Events there now take on the characteristics of the title of Peter Pomerantsev’s recent book Nothing Is Real And Everything Is Possible — a state of affairs where the brazen manipulation of truth is taken to staggering levels, to the point where an invasion is not an invasion, a war is somehow not taking place.

The Kremlin and its oligarch clients may not care much for truth, but one would hope that Cambridge University Press would.

CUP has been criticised by the organisers of a book prize for its refusal to publish a book on Russia by one of its own authors in the United Kingdom. According to The Observer, judges of the Pushkin House Russian Book Prize attempted review Putin’s Kleptocracy by Karen Dawisha for competition, but CUP refused to submit it.

“We attempted to get hold of the Dawisha book but the publisher would not submit it to us because of legal advice about UK libel laws. Our judges noted the book and said it raised important issues that deserved a wider audience, but unfortunately could not all get hold of a copy to pass judgment,” Andrew Jack, chair of the judges told the paper.

Disappointing indeed, and confirmation of the continual refusal by CUP to publish this book in the UK. The depressing thing about this, as noted in this column last year, is that CUP has not questioned the veracity of Dawisha’s work.

John Haslam of CUP wrote last year that: “We have no reason to doubt the veracity of what you say, but we believe the risk is high that those implicated in the premise of the book — that Putin has a close circle of criminal oligarchs at his disposal and has spent his career cultivating this circle — would be motivated to sue and could afford to do so. Even if CUP was ultimately successful in defending such a lawsuit, the disruption and expense would be more than we could afford, given our charitable and academic mission.”

I don’t like the language of “bravery” around publishers, but frankly, I’m beginning to doubt CUP’s commitment to the cause of academic freedom. More particularly, one wonders who is offering the company legal advice. Substantive reform to the libel law has made it considerably more difficult for foreigners to bring cases in London. Dawisha is not a fly-by-night hack, but a serious researcher. Conditions for publication are favourable. And faced with an entire Kremlin apparatus which has perfected the use of smoke and mirrors, the world needs all the information it can get.

CUP says it has contacted Dawisha to see “whether we might be able to find a compromise”. But considering they have already admitted there is nothing wrong with the book, it’s difficult to see what Dawisha’s side of the compromise might be.

This thing has dragged on too long now. For God’s sake, Cambridge; just publish the bloody thing.

This article was posted on 19 March 2015 at indexoncensorship.org

Russia: End the cycle of impunity

Aleksandr Bastrykin
Head of the Investigative Committee of Russian Federation
The Investigative Committee of Russian Federation
105005, Russia, Moscow, Technicheskii Lane, 2

Sunday 2 November 2014

Dear Mr Bastrykin,

RE: Request for investigation into the murder of Akhmednabi Akhmednabiyev to be transferred to the Central Investigative Department of the Russian Federation’s Investigative Committee.

On the International Day to End Impunity for Crimes against Journalists (2 November) we, the undersigned organisations, are calling upon you, in your position as Head of the Investigative Committee of the Russian Federation, to help end the cycle of impunity for attacks on those who exercise their right to free expression in Russia.

We are deeply concerned regarding the failure of the Russian authorities to protect journalists in violation of international human rights standards and Russian law. We are highlighting the case of Ahkmednabi Akhmednabiyev, a Russian independent journalist who was shot dead in July 2013 as he left for work in Makhachkala, Dagestan. In his work as deputy editor of independent newspaper Novoye Delo, and a reporter for online news portal Caucasian Knot, Akhmednabiyev, 51, had actively reported on human rights violations against Muslims by the police and Russian army.

His death came six months after a previous assassination attempt carried out in a similar manner in January 2013. That attempt was wrongly logged by the police as property damage, and was only reclassified after the journalist’s death. This shows a shameful failure to investigate the motive behind the attack and prevent further attacks, despite a request from Akhmednabiyev for protection. The journalist had faced previous threats, including in 2009, when his name was on a hit-list circulating in Makhachkala, which also featured Khadjimurad Kamalov, who was gunned down in December 2011. The government’s failure to address these threats is a breach of the State’s “positive obligation” to protect an individual’s freedom of expression against attacks, as defined by European Court of Human Rights case law (Dink v. Turkey).

A year after Akhmednabiyev’s killing, with neither the perpetrators nor instigators identified, the investigation was suspended in July 2014. As well as ensuring impunity for his murder, such action sets a terrible precedent for future investigations into attacks on journalists in Russia. ARTICLE 19 joined the campaign to have his case reopened, and made a call for the Russian authorities to act during the United Nations Human Rights Council (HRC) session in September 2014. During the session, HRC members, including Russia, adopted a resolution on safety of journalists and ending impunity. States are now required to take a number of measures aimed at ending impunity for violence against journalists, including “ensuring impartial, speedy, thorough, independent and effective investigations, which seek to bring to justice the masterminds behind attacks”.

While the Dagestani branch of the Investigative Committee has now reopened the case, as of September 2014, more needs to be done in order to ensure impartial, independent and effective investigation. We are therefore calling on you to raise Akhmednabiyev’s case to the Office for the investigation of particularly important cases involving crimes against persons and public safety, under the Central Investigative Department of the Russian Federation’s Investigative Committee.

Sadly, Akhmednabiyev’s case is only one of many where impunity for murder remains. The investigations into the murders of journalists Khadjimurad Kamalov (2011), Natalia Estemirova (2009) and Mikhail Beketov (who died in 2013, from injuries sustained in a violent attack in 2008), amongst others have stalled. The failure to bring both the perpetrators and instigators of these attacks to justice is contributing to a climate of impunity in the country, and poses a serious threat to freedom of expression.

Cases of violence against journalists must be investigated in an independent, speedy and effective manner and those at risk provided with immediate protection.

Yours Sincerely,

ARTICLE 19
Amnesty International
Albanian Media Institute
Association of Independent Electronic Media (Serbia)
Azerbaijan Human Rights Centre
Center for Civil Liberties (Ukraine)
Center for National and International Studies (Azerbaijan)
Civic Assistance Committee (Russia)
Civil Society and Freedom of Speech Initiative Center for the Caucasus
Committee to Protect Journalists
Glasnost Defence Foundation (Russia)
Helsinki Citizens’ Assembly – Vanadzor (Armenia)
Helsinki Committee of Armenia
Human Rights House Foundation
Human Rights Monitoring Institute (Lithuania)
Human Rights Movement “Bir Duino-Kyrgyzstan”
Memorial (Russia)
Moscow Helsinki Group
Norwegian Helsinki Committee
Index on Censorship
International Partnership for Human Rights
International Press Institute
International Youth Human Rights Movement
IREX Europe
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
PEN International
Public Verdict Foundation (Russia)
Reporters without Borders
The Kosova Rehabilitation Center for Torture Victims
World Press Freedom Committee

cc.

President of the Russian Federation
Vladimir Putin
23, Ilyinka Street, Moscow, 103132, Russia

Prosecutor General of the Russian Federation
Yury Chaika
125993, GSP-3, Moscow, Russia
st. B.Dmitrovka 15a

Minister of Justice of the Russian Federation
Alexander Konovalov
Ministry of Justice of the Russian Federation
119991, GSP-1, Moscow, street Zhitnyaya, 14

Chairman of the Presidential Council for Civil Society and Human Rights
Mikhail Fedotov
103132, Russia, Moscow
Staraya Square, Building 4

Head of the Investigative Committee of the Russian Federation for the Republic of Dagestan
Edward Kaburneev
The Investigative Committee of the Russian Federation for the Republic of Dagestan
367015, Republic of Dagestan, Makhachkala,
Prospekt Imam Shamil, 70 A

Ambassador of the Permanent Delegation of the Russian Federation to UNESCO
H. E. Mrs Eleonora Mitrofanova
UNESCO House
Office MS1.23
1, rue Miollis 75732 Paris Cedex 15

Open journalism: “The media landscape has changed irreversibly”

Dunja Mijatovic, OSCE Representative on Freedom of the Media

Dunja Mijatovic, OSCE Representative on Freedom of the Media

“States must stop trying to define who is and isn’t a journalist. The media landscape has changed irreversibly,” said Dunja Mijatovic, OSCE Representative on Freedom of the Media, as she opened the organisation’s Open Journalism event in Vienna on Friday, 19 Sept.

Journalism – wherever you draw its boundaries – has more voices than ever, but are all they all being properly recognised and safeguarded? This was one of the main problems addressed by the expert panel, which included Index on Censorship, alongside delegates from Azerbaijan, Serbia, Estonia, Russia, Kazakhstan, Bosnia and many other OSCE member states.

Gill Phillips, the Guardian’s director of editorial legal services, spoke via pre-recorded video about difficulties in defining journalism and deciding who gets journalistic protection. She cited the Snowden scoop, which was led by Glenn Greenwald, a former lawyer, and later embroiled his partner, David Miranda. Who gets the protection? Greenwald? Miranda? Lead staff reporter David Leigh? All three?

There was widespread condemnation of Russia’s new law, which compels bloggers with more than 3,000 views per day to be registered with the authorities. “[The bloggers] have certain privileges and obligations,” said Irina Levova, from the Russian Association of Electronic Communications, who repeatedly defended the law. “Online and offline rights are not the same,” she said, adding that some of those who deemed the law a mode of censorship have been revealed as “foreign agents”.

Another topic – raised repeatedly by various attendees – was Russian media’s growing influence over citizens in nearby countries. Begaim Usenova of the Media Policy Institute in Kyrgyzstan said: “The common view being spread from the Russian media is that the United States is starting world war three and only Putin can stop him.”

Yaman Akdeniz, a Turkish cyber-rights activist, shared news of Twitter accounts that remain blocked in his country, including some with over 500,000 followers. Igor Loskutov, a business director from Kazakhstan, looked back on the first 20 years of internet in his country and how authorities have gone from ignoring their first rudimentary websites to now wanting complete control.

The thorny issue of “public interest” was also discussed. Jose Alberto Azeredo Lopes, professor of International Law at the Catholic University of Porto, raised some smiles with his theory: “It’s like pornography. You can’t define it. But you know it when you see it.”

As the day-long discussions wrapped up, one delegate asked: if a blogger’s first-ever post goes viral, are they immediately subject to the same laws as the press? Especially in countries that now insist bloggers register.

The debate over the difference between journalists and bloggers went round in circles – as it always does – but the OSCE is hoping to be able to compile all the findings from its expert meetings into an online resource to move the discussion forward.

Azeredo Lopes concluded: “If you don’t distinguish freedom of expression from freedom of the press, you end up with no journalists, and that is the crisis that journalism faces today.”

Read our interview with Dunja Mijatovic, OSCE’s Representative on Freedom of the Media, in the autumn issue of Index on Censorship Magazine, coming soon

 This article was published on Friday September 26 at indexoncensorship.org