8 Jul 2021 | Croatia, Monaco, News and features, Statements
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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 The Red Notice was withdrawn by Monaco last December on the eve of Interpol making a determination on its validity.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]
11 Jun 2021 | Events
[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]
19 May 2021 | Croatia, Monaco, News and features
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Mr. Ivan Malenica
Minister of Justice
Ulica grada Vukovara 49
Maksimirska 63
10 000 Zagreb
Republic of Croatia
Tuesday 18 May 2021
Dear Minister,
Jonathan Taylor is a whistleblower; he is a witness to a crime who has cooperated with law enforcement bodies in seven different jurisdictions and should be protected as such. He has been in Croatia for nearly 10 months appealing against a request for extradition from Monaco. Now that the Supreme Court of Croatia has issued its judgment, the final decision on whether or not to extradite Mr. Taylor is up to you, the Minister of Justice.
The Supreme Court of Croatia fully recognises Mr. Taylor’s status as a whistleblower and for the reasons we set out below, we urge you, the Minister of Justice, to refuse Monaco’s abusive request to extradite Mr. Taylor to Monaco and to allow him to return home to the United Kingdom immediately.
Mr. Taylor is a British national who, during the course of his employment as a lawyer for the Dutch-listed oil industry firm SBM Offshore N.V., with its main office in the Principality of Monaco, uncovered one of the largest corruption and bribery scandals in the world that resulted in criminal investigations in the United Kingdom, United States of America, Netherlands, Switzerland and Brazil. His evidence contributed to the company paying fines amounting to over US$800 million and, to date, the imprisonment of three individuals directly involved in the scandal, including the former CEO of SBM Offshore N.V.
Monaco to date has failed to initiate a single criminal investigation into highly credible and well documented allegations of bribery and corruption on the part of SBM Offshore. Instead, it has targeted the one person who blew the whistle and brought public scrutiny to such widespread financial crimes.
On 30 July 2020, over eight years after blowing the whistle on corruption, Jonathan travelled to Dubrovnik, Republic of Croatia for a family holiday. He was arrested at the airport on the basis of a communication issued by Monaco on what was originally stated to be allegations of bribery and corruption. Not only do these allegations have no proper basis in law or fact and constitute an abuse of process but crucially, Mr. Taylor, his lawyers and the Croatian Courts have since been informed in writing that Mr. Taylor is wanted for questioning to determine whether or not to charge him.
At no stage did the law enforcement or judicial authorities in Monaco seek his extradition from the United Kingdom, where Mr. Taylor has lived since 2013, until he was apprehended in Dubrovnik, for the very reason that they knew it would not succeed.
Mr. Taylor has made it clear since 2017, when he first became aware that his former employer, the Dutch listed SBM Offshore N.V. had lodged a criminal complaint in Monaco three years earlier, that he would answer any questions the authorities had of him from the United Kingdom, either remotely or in person. And since his unlawful detention in Croatia, the offer to answer questions there has been repeated on the agreement that he is able to return home to the United Kingdom.
For Jonathan to be returned to Monaco to face questioning in order to determine whether charges should be laid amounts to a clear act of retaliation for his having disclosed the corrupt practices of a major offshore oil firm and one of the largest private sector employers in the small principality.
In March 2021, after the Supreme Court of Croatia partially upheld a second appeal against extradition, the Dubrovnik court was ordered to seek further clarification from the Monegasque authorities regarding the status of the criminal proceedings for which Mr. Taylor was allegedly charged. A letter from the Director of Judicial Services in Monaco sent on 1 March 2021 confirmed there Mr. Taylor is not charged with anything as there are no criminal proceedings, nor is there any execution of a judgement for which he is wanted – which are the only two valid legal bases for seeking extradition. In fact, Interpol confirmed yet again on the 23rd March 2021 that Mr. Taylor is no longer subject to Interpol Red Notice. This after Monaco withdrew the arrest warrant in December 2020.
Further, now that Mr. Taylor’s status as a whistleblower has been confirmed by the Supreme Court of Croatia, even if the Minister accepts that conditions for extradition have been met, in light of Croatia’s duties and obligations under the EU Directive on the protection of whistleblowers and the clearly retaliatory nature of the Monegasque request to extradite Mr. Taylor for questioning, we humbly submit that the decision by the Minister should be to reject it.
Croatia is part of the European Union and one of the 27 Member States which must transpose the EU Directive on the protection of whistleblowers into its national legal system by December 2021. The Directive seeks to harmonise protections for those who report wrongdoing and corruption across Europe. It is crucial that Croatia upholds both the spirit and obligations of the Directive to ensure that whistleblowers are protected by law and this includes ensuring they are immune from civil and criminal liability for having blown the whistle. In a case of such serious corruption like this one, it is essential that vital anti-corruption whistleblower protections do not fall down between borders. To do otherwise, allows those involved in corruption to send a chilling warning to whistleblowers and investigative journalists across the globe that undermines all the efforts of the European Union and the Croatian Government to prevent and root out the corruption that undermines the fabric of its societies and the well-being of its people.
For these very important reasons, and because of his protected status as a whistleblower, we, the undersigned, urge you, the Minister of Justice, to uphold the Rule of Law, reject the extradition order and allow Jonathan Taylor to return home immediately.
Yours sincerely,
Anna Myers, Executive Director, Whistleblowing International Network
on behalf of the Jonathan Taylor Support Committee
With support from:
Access Info Europe (Spain/Europe)
African Centre for Media & Information Literacy (Nigeria)
ARTICLE 19 (United Kingdom)
Blueprint for Free Speech (Australia)
Campax, Switzerland
Center for Whistleblowers Protection (Slovenia)
Centre for Free Expression (Canada)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
FIND – Financial Investigations (UK)
Free Press Unlimited (Netherlands)
General Workers Union Portugal (UGT-P)
GlobaLeaks (Italy)
Guernica 37 International Justice Chambers (United Kingdom)
Human Rights House Zagreb (Croatia)
Le Réseau Panafricain de Lutte contre la Corruption (UNIS)
Maison des Lanceurs d’Alerte (France)
OBC Transeuropa
Parrhesia Inc (UK)
Pištaljka (Serbia)
Protect (United Kingdom)
South East Europe Media Organisation (SEEMO), (Austria)
SpeakOut SpeakUp Ltd (United Kingdom)
Terra Cypria-the Cyprus Conservation Foundation (Cyprus)
The Daphne Caruana Galizia Foundation (Malta)
The Signals Network (USA/France)
Transparency International (Secretariat, Germany)
Transparency International Bulgaria
Transparency International EU
Transparency International Ireland
Transparency International Italia
Transparency International Slovenia
Vanja Jurić, Attorney at law (Croatia)
WBN – Whistleblower Netzwerk (Germany)
Whistleblowers UK
Baroness Kramer, Co-Chair of the All Party Parliamentary Group on Whistleblowing
Dr John O’Connor Physician and Whistleblower (Canada)
Martin Bright, Editor, Index on Censorship (United Kingdom)
Peter Matjašič, Senior Program Officer, Open Society Initiative for Europe (OSIFE)
Professor David Lewis, Middlesex University. (United Kingdom)
Professor Wim Vandekerckhove, University of Greenwich (United Kingdom)
Susan Hawley, Executive Director, Spotlight on Corruption (UK)
Thomas Devine, Legal Director, Government Accountability Project (USA)
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25 Feb 2021 | Malta, News and features
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Daphne Caruana Galizia
A change of plea to guilty in a Maltese court this week by a man accused of being one of three hitmen who murdered investigative reporter Daphne Caruana Galizia in 2017 has brought hopes that her family may be one step closer to getting both answers about her assassination and justice.
On 16 October 2017, Caruana Galizia was assassinated by the triggering of an explosive device planted under her car seat outside her home in Bidnija, Malta. Her body was found by her son Matthew who said at the time, “I looked down and there were my mother’s body parts all around me”.
Caruana Galizia had been active for over thirty years as a journalist in the country and broke many exclusive stories around corruption on her Running Commentary blog, which remains on the web today as a testament to her tireless work.
Her work exposed corruption among politicians and business people in the country and their links with criminals outside the country’s borders which made her a target.
At the time of her death, Caruana Galizia had more than 40 lawsuits pending against her, which her son Matthew said were like a “never-ending type of torture” to his mother and which her sister, Corinne Vella, told Index the family were still facing even after her murder.
Since her death, there has been a renewed focus on Slapps (strategic lawsuits against public particiption) in Europe, in which Index on Censorship is playing a key role.
On Tuesday, Vincent Muscat, also known as Il Koħħu, changed his plea to guilty as he faced Judge Edwina Grima. Muscat, who had been accused of being one of the three hitmen who had conspired to kill Caruana Galizia, had asked for a presidential pardon two years ago but is now understood to have reached a deal with prosecutors to provide information about the murder.
Malta’s Newsbook has this week published details of the pardon, which required him to reveal the full story from being contracted to the murder itself, the identities of who planned the murder and who actually carried it out.
Muscat has now been given a 15-year sentence but has already spent three years in jail and could be out in seven years with remission.
The case against the other two alleged hitmen – brothers George and Alfred Degiorgio, known as “Ic-Ciniz” or the Chinese, and “Il-Fulu”, the Bean – will continue as a separate case.
The family’s lawyer, Jason Azzopardi, made a statement to the court following Muscat’s change of plea.
“A person who has admitted his involvement in the murder of Daphne Caruana Galizia has denied her her right to life and has denied her her right to enjoy her family, including her grandchildren who were born after she was killed,” the lawyer said.
“The macabre murder of Daphne Caruana Galizia was intentional and should have been prevented. The victim has paid with her life and her family is suffering the loss of their loved one.
“I have said all this because if Daphne Caruana Galizia’s family were to respond to this admission on the basis of emotion alone, it is obvious what their response would be.
“However, in the circumstances, and given that they were informed by the Attorney General about the process in this case, the family expresses the hope that this step will begin to lead to full justice for Daphne Caruana Galizia.”
On Wednesday, the day after the plea change, two men – Robert Agius, and Jamie Vella – were arrested on suspicion of supplying the bomb and complicity in the murder of Caruana Galizia, based on information believed to have been provided by Muscat as part of his pardon.
Malta’s prime minister Robert Abela said that the charges meant that there is evidence of the “rule of law in Malta”. However, Abela would not rule out political involvement in the journalist’s murder.
Bernard Grech, leader of the opposition Maltese Nationalist party, said of the news: “Had our institutions not been hijacked by those seeking to protect themselves, Daphne Caruana Galizia would still be alive. We have gotten to this point thanks to the perseverance of those who persisted in pursuing justice no matter what.”
Reacting to Abela’s comments, Daphne’s son Andrew said, ”To move forward a country first needs to publicly acknowledge its failures. There is no shame in this. Only the promise of hope that we could one day be a better country. We’ve sacrificed too much to be robbed of this opportunity.”
- Index spoke to Daphne Caruana Galizia’s sister Corinne Vella in October about their childhood and Daphne’s desire to be a writer
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