Political speech is not a crime: Urgent appeal to stop the trial of opposition society leader Sheikh Ali Salman

[vc_row][vc_column][vc_column_text]We the undersigned call on Bahraini authorities to drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman, Secretary-General of Bahrain’s largest political opposition society, al-Wefaq National Islamic Society, who has been serving a four-year prison sentence for charges in response to political speeches he delivered in 2014, and who is now facing a potential death sentence in a groundless new trial on politically motivated charges.

Since his incarceration in 2014, several international bodies have spoken out against the imprisonment of Sheikh Ali Salman. On 30 December 2014, the UN High Commissioner for Human Rights (OHCHR) spokesperson urged Bahrain to immediately release Sheikh Ali Salman as well as all other persons convicted or detained for “merely exercising their fundamental rights to freedom of expression and assembly.” In addition, the European Union expressed concern about the sentence issued against Sheikh Ali Salman, and the United States Ambassador to the United Nations called the sentence against Sheikh Ali Salman a blow to freedom of expression.

However, despite the growing concern over the silencing of Sheikh Ali Salman and the subsequent 2017 dissolution of the political opposition society al-Wefaq, Bahraini authorities announced on 27 November 2017 the start of a new trial against him on charges of spying for Qatar.

The latest trial against Sheikh Ali Salman reinforces the closing of democratic space in the country; as the 2018 elections for Bahrain’s lower house of parliament approach, the government has forcibly dissolved Wa’ad, the largest secular leftist society, and indefinitely suspended Bahrain’s only independent newspaper Al-Wasat, in addition to upholding its arbitrary decision in 2017 to dissolve the political opposition society al-Wefaq.

On 24 April 2018, the High Criminal Court adjourned the new trial against Sheikh Ali Salman until 21 June, when it is expected to issue a verdict in the case. The Public Prosecution Office has called on the High Criminal Court to hand down the “maximum penalty” – which in this case could be a death sentence.

NGOs have decried this use of the judiciary to punish opposition activists for publicly expressing views that oppose the Bahraini government. The trial is in violation of Sheikh Ali Salman’s rights to liberty, fair trial, free expression, and free association.

We, the undersigned, call on Bahraini authorities to:
1. Drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman and the cancellation of the sentence issued against him in the previous case;
2. Stop prosecution of political dissidents and human rights activists for reasons related to freedom of expression;
3. Stop the arbitrary use of domestic legislation, including some articles of the Penal Code and the Law on the Protection of Society from Terrorist Acts, to criminalize the peaceful practice of freedom of opinion and expression;
4. Release all detainees who have been arrested for reasons related to exercising their fundamental rights to expression, organisation and peaceful assembly guaranteed by international laws.

Signed,

Bahrain Center for Human Rights
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bytes for All (B4A)
Cartoonists Rights Network International (CRNI)
Center for Media Studies & Peace Building (CEMESP)
Freedom Forum
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Maharat Foundation
MARCH
Media Institute of Southern Africa (MISA)
Media Watch
National Union of Somali Journalists (NUSOJ)
Norwegian PEN
Pakistan Press Foundation
PEN American Center
PEN Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation 
Vigilance for Democracy and the Civic State
World Association of Community Radio Broadcasters (AMARC)

Bahrain Interfaith
Danish Pen
Global Human Rights Geneva
MENA Monitoring Group
No Peace Without Justice
Salam for Democracy and Human Rights
Vivarta Limited[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter, our monthly events email and periodic updates about our activities defending free speech. We won’t share, sell or transfer your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1529484624151-5c87189d-f27a-5″ taxonomies=”6534″][/vc_column][/vc_row]

Kill drill: The death of freedom of expression?

[vc_row][vc_column][vc_video link=”https://youtu.be/KXX0b4hka4g”][vc_column_text]The right to freedom of expression is considered by many to be a cornerstone of a modern democratic society. Countries that fail to adequately protect this hallowed right – routinely censoring journalists, writers and musicians whose speech challenges and offends those in power – are rightly regarded by the West to be the worst examples of dictatorial, autocratic regimes.

But right here in the UK, artists are fighting the censorship of their work by global corporations bowing to pressure from and, arguably, colluding with the state and its organs. In May of this year YouTube, the video streaming platform owned by Google, succumbed to pressure from the Metropolitan Police and took down 30 music videos made by drill artists. The Met had been trying to persuade YouTube for almost two years to take down between 50 and 60 videos, alleging the material was contributing to the increase in violent crime on London streets.

This attack on the freedom of expression of musicians who make drill music does not stop at the removal of their videos from YouTube. Defendants convicted in criminal cases may in the future be banned from making music for a period up to three years if the offender is under 18 and indefinitely for adult offenders under criminal behaviour orders[1]. Crucially, the prosecution can use evidence to support the making of an order that would not have met the strict rules of admissibility as in a criminal trial[2]. The threat to freedom of expression goes further. The Met have expressed publicly their intention to push for new legislation, similar to anti-terrorism laws, that will criminalise the making of drill videos.

Drill is not for everyone. The lyrics are violent.  There is liberal use of expletives. Descriptions of acts of violence using knives and guns are common themes. The images portrayed in the accompanying videos are similarly hard-hitting. Large groups of mainly young, mainly black men can be seen inhabiting the screen wearing hoodies and tracksuit bottoms – the uniform of the young in some sections of society.

Drill DJs are not, however, pioneers of explicit lyrics and violent images in music. The genesis of what is known as drill in the UK today sprang from a trap-style rap that originated in Chicago in the early 2010s. The hip hop of the 1980s and the gangsta rap of the 1990s are all part of the same family tree of poetic verse poured over a thumping beat. Drill is a close relative.

Nor is it new to blame this type of music for inciting violence. In the 1990s C. Delores Tucker campaigned against violent lyrics aimed at women in rap music. Then, as now, there was little direct evidence of a causal link between rap music and particular acts of violence. What the critics of this music fail to grasp is that the lyrics of this genre of music are inspired by, and not the cause of, the violence that infects the lives of many of these young men.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Censorship of a form of music which affords an already marginalised minority a rare opportunity to express themselves publicly is an attack against their fundamental rights as human beings.

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]Looked at in its true context then, drill is less about inspiring violence and more about providing a narrative of lives defined by violence. They are telling the stories of their lives, minus the sugar-coating, just as other writers, poets and musicians have done before them.

The courtroom has often been the battleground of the clash between the values of the young minority against those of the old majority. In 1960 Penguin Books was prosecuted under the Obscenity Act 1959[3] for the publication of a book entitled Lady Chatterley’s Lover. The prosecution’s case was that the book had a tendency “to deprave and corrupt” those who read it in daring to portray the affair of a married woman with the family’s gamekeeper. Penguin Books was acquitted[4].

In 1971, the publishers of a satirical magazine were prosecuted when an issue of the magazine featured a sexualised cartoon of the children’s literary character Rupert the Bear. Known as the Oz trial, the three defendants were convicted by the Crown Court but were then acquitted on appeal[5].

Today, UK common law has arguably been strengthened by the enactment of the Human Rights Act 2000 by enshrining in law article 10 of the European Convention of Human Rights[6]. One former Court of Appeal judge said this of the importance of freedom of expression: “Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having.”[7]

You or I may not wish to stream drill music videos on our mobile device. Many people may find the content offensive. The videos may even be performed by individuals who are suspected of a crime or have criminal convictions[8]. None of this should confer on the state, aided and abetted by global corporations, a wide-ranging power that ultimately infringes the right of musicians to express themselves freely.

This censorship of a form of music which affords an already marginalised minority a rare opportunity to express themselves publicly is an attack against their fundamental rights as human beings.

We all need to sit up and take notice.


1. Under Part 2 of the Anti-social Behaviour, Crime and Policing Act 2014. Such an order may contain requirements for the defendant to inform the police of any activity that may be in breach of the order. The order may be varied, reviewed or discharged. Breach of the order is in itself a criminal offence.

2. An CBO was made recently against 1011 members Micah Bedeau, Jordean Bedeau, Yonas Girma, Isaac Marshall and Rhys Herbert. They are required under the CBO to inform the police 24 hours in advance of their intention to publish any videos online and are required to give a 48 hours warning of the date and locations any live performance.

3. The 1959 Act is still on the statute books.

4. R v Penguin Books Ltd. [1961] Crim LR 176.

5. R v Neville, Dennis & Anderson, The Times, 24 June 1971.

6. Article 10 (1) ECHR states: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.” Article 10 (2) sets out limitations to this right.

7. Sir Stephen Sedley in Redmond-Bate v Director of Public Prosecutions [1999] Crim LR 998.

8. A number of successful high-profile rap artists have criminal convictions.[/vc_column_text][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][three_column_post title=”Artistic Freedom” full_width_heading=”true” category_id=”15469″][/vc_column][/vc_row]

Digital Freedom

[vc_row full_width=”stretch_row_content_no_spaces” css_animation=”fadeIn” css=”.vc_custom_1529334171739{padding-top: 105px !important;padding-bottom: 105px !important;background-image: url(https://www.indexoncensorship.org/wp-content/uploads/2013/01/digitalthemepage.jpg?id=44322) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column][vc_custom_heading text=”DIGITAL FREEDOM” font_container=”tag:h1|text_align:center|color:%230a0a0a” use_theme_fonts=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The internet has provided new opportunities for some traditionally marginalised groups to speak out. But it has also provided new opportunities for governments and companies to silence speech.

Index campaigns against restrictions to freedom of speech online, including the growing use and abuse of national security legislation to silence government critics.

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Cuba’s first alternative art biennial: “We built an inclusive space of free creation and true collaboration”

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Cuban artist Yasser Castellanos

Cuban artist Yasser Castellanos

Despite official efforts to stop it in its tracks, Cuba saw the successful completion of its first independent art biennial, organised without the support of the state, on 15 May. Artist Luis Manuel Otero Alcantara and curator Yanelys Nuñez Leyva, members of the Museum of Dissidence, winner of the 2018 Index on Censorship Freedom of Expression Award for art, organised the ten-day #00Bienal de la Habana, which included over 170 artists, writers, musicians and theorists across nine different exhibitions in artists’ homes and studios around the country’s capital.

“Cuban culture is centralised culture and the government has absolute control,” Nuñez Leyva tells Index on Censorship. “The Ministry of Culture, together with all its branches such as the Union of Writers and Artists of Cuba and the National Council of Plastic Arts, are tentacles of the Ministry of the Interior, so all independent proposals, whether cultural, ecological or campaigns against gender violence, for example, are cursed with all the might of the government-controlled media.”

Even at schools pupils are served up propaganda intent on turning them against non-state-approved artists. Some art school students were shown a video portraying Otero Alcantara as a mercenary. “Such a campaign inevitably generates fear around independent projects which then suffer due to lack of both social and economic support,” Nuñez Leyva says.

Economic support was one of the biggest obstacles for #00Bienal. “At the beginning, we thought that we would produce it with what we had at hand, but along the way we realised that we needed more,” Nuñez Leyva says. So a Gofundme campaign was set up, which raised $6,574. “But this wasn’t easy: the impact of the US blockade, our isolation from the world of networks and the impossibility of having credit cards made the process anguishing.”

Otero Alcantara was also imprisoned without cause on several occasions as part of the Cuban government’s campaign of harassment. Others who took part in #00Bienal, whether Cuban or foreign, received similar harassment. Many were even denied entry to the country, including the Cuban-American artist Coco Fusco.

When #00Biennial was announced in September 2017, the Cuban government immediately began to show its discontent through its cultural institutions. In an official declaration they branded the organisers as “unscrupulous people”. In response, #00Bienal’s first slogan was: “From the official to the unscrupulous.”

As culture is so tightly controlled in Cuba, only artists seen to be working in the interests of the regime can operate without restriction. Approved artists usually receive perks, something that gives them a higher status in society. Some artists risked all of this by taking part in #00Bienal. “The system used the worst blackmail against them because they gave the event a legitimacy that the government did not want,” Otero Alcantara says. “These artists were threatened by having their government accreditation taken away. Without this, they would find themselves without ‘official work’.”

Day 2 #00Bienal

Government agents stalked the exhibitions while the organisers were accused of being in league with Cuba’s enemies. How does one respond to such accusations? “We responded by making an event that is as honest as possible, with a wide range of manifestations and artistic expressions that reflected the reality of Cuban art,” Nuñez Leyva says. “We responded with a list of more than 170 participants, not only Cubans, but from Mexico, Spain, Germany, the United States, Romania, Angola, Colombia, Denmark, Ukraine, Brazil, Venezuela, among them high-profile artists that Cuban institutions admire and collaborated with.”

The authorities even tried to prohibit the public from attending, sometimes successfully. Flyers and stickers were also confiscated. “But none of these actions were ever going to stop the energy of the event,” Otero Alcantara says.

“Despite all this pressure, the event went ahead, demonstrating that there is a group of people who are very courageous and have a real commitment culture,” Nuñez Leyva says. #00Bienal helped revive “a spirit of alternative rebellion” through the involvement of “countless numbers of totally unknown artists” that the state would never endorse.

For Otero Alcantara, the event’s success lies in the cohesion it created between artists, scholars and art enthusiasts, something that is unprecedented in the world of Cuban art. “We built an inclusive space of free creation and true collaboration between the people involved, exhibited the work of artists who were never going to have space in an official Havana Biennial and set a precedent for future projects,” he says. “This is one more step towards eliminating a fear that exists throughout Cuba.”

According to the organisers, the terms “revolution” or “revolutionary” have been hijacked and distorted by the Cuban regime. Such deformation has taken root so deep in the imagination of the Cuban people that just by mentioning the word “dissidence” is enough to be shunned, they explain.

“The #00Bienal was a humanistic project that brought to the fore essential values for any society such as unity, solidarity and collaboration,” Nuñez Leyva says. “The event also favoured the less privileged and created beauty and dialogue in favour of a new Cuba.”

The organisers of #00Bienal are under no illusions that life for Cuba’a dissident artists will magically become any easier under Cuba’s new president, Miguel Díaz‑Canel, who took over from Raúl Castro in April 2018. “The Cuban regime is more than any Castro,” Nuñez Leyva says. “It is a system based on a group of families that live both inside and outside the island, who have control over everything, which ultimately contributes to their own wealth.” This corrupt system relies on the deception of a people who have been left without even the strength even to protect themselves against poverty, she adds. “This situation leaves us with little hope, but we have to keep working.”

Otero Alcantara and Nuñez Leyva’s now want to show that #00Bienal wasn’t just a one-off, but is a serious project with longevity. “We will see if it is possible in two years to achieve something similar,” Otero Alcantara says.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_media_grid grid_id=”vc_gid:1528443291288-dfd45bff-0a16-7″ include=”100716,100712,100711,100710,100713,100709,100708,100707,100706,100704,100715,100705″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Artists, writers, musicians and theorists who took part in #00Bienal

Amaury Pacheco (Cuba), Iris Ruiz (Cuba), Coco Fusco (Cuba-USA), Tania Bruguera (Cuba), Reynier Leyva Novo (Cuba), Ernesto Oroza (Cuba), Gerardo Mosquera (Cuba), Katherine Bisquet (Cuba), Jose Ernesto Alonso, Yuri Obregón (Cuba), Alein Somonte (Cuba), Alejandro Barreras (Cuba), Anaeli Ibarra (Cuba), Alejandro Taquechel (Cuba), Ariel Maceo Tellez (Cuba), Aryam (Cuba), Aldeide Delgado (Cuba), Armando Cuspinera (Mexico), Antonio Mas (Spain), Alicia Torres (Spain), Ana Olema (Cuba), Alexis Ruiseco (Cuba-USA), Alexandru Raevschi (Germany), Andrés X (Cuba), Alain Aspiolea (Cuba), Alexandre Arrechea (Cuba), Antoni Muntadas (Spain), Biennial Project (USA), Boris González Arenas (Cuba), Colectivo Corason i uevo (Antonio A. Orta, Maykel Almenteros y Pedro Pablo Bacallao) (Cuba), Colectivo Guerrillas Girls, Celia y Yunior (Cuba), Colectivo 2.50 (Ana Gómez, Argelia Leodegarío, Marco Antonio Rodríguez, Itandehuitl Orta, Yuvia Pérez, Esmeralda Pérez) (Mexico), Carlos Manuel Álvarez (Cuba), Clara Astiasarán, Chu (Cuba), David de Omni, David León (Cuba), Danilo Maldonado (El Sexto), Diego Gil (Spain), Eliecer Jiménez Almeida (Cuba), Erish (Mexico), El Oficio (Cuba), Ernesto Hernandez Busto, Enfori García, Filipa César (Portugal), Fabián (2+2 =5) (Cuba), Francis Sánchez (Cuba), Francisco Méndez (Mexico), Francisco Masó (Cuba), Fabian Martínez, Filio Gálvez, Fredric Snitzer, Gabriel Coto (Cuba), Gerardo Stübing (España), Gean Moreno, Henri Eric Hernández (Cuba), Hamlet Lavastida (Cuba), Héctor Trujillo (Cuba), Hugo Patao, Italo Expósito (Cuba), Iván de la Nuez (Cuba), Jesús Hdez-Güero (Cuba), Jesús Benítez (Mexico), José Luis Marrero (Cuba), Josvan Gonzalez Agramonte (Cuba), Julián Yunda Yepes (Mexico), Jenifer Acuña (Cuba), Juan Melo (Colombia), Juan Carlos Alvarez Miranda (Cuba), Jean-Lorin Sterian (Romania), José Bedia (Cuba), Julio César Llopiz (Cuba), Javier Marimón, José Manuel Mesías (Cuba), Keyezua (Angola), Kevin Arrow, Lía Villares (Cuba), Luis Trápaga (Cuba), Luiso, Leandro Villanueva (Sam 33) (Cuba), Lester Dubé (Cuba), Lala Misosniky (Romania), La Alianza (Cuba), Liliam Dooley, Leandro Feal (Cuba), Lourdes Porrata, Miquel García (Spain), Marisol Maza (Mexico), Marcel Marquez (Cuba), Marianna Liosi (Germany), MO colectivo (Mariam Abrajim y Octavio Salazar) (Colombia), Magdiel Aspillaga, Mysora García, Nonardo Perea (Cuba), Natalia López (Colombia), Osmel Almaguer Delgado (Cuba), Osmany Carratalá (Cuba), Oscar Salamanca (Colombia), Orlando Hernández (Cuba), Pablo Pinto (Colombia), Polyanna Morgana (Brazil), Political Architecture: Critical Sustainability (PA:CS) (Denmark), Peter Menéndez, Rafael Carabano (Venezuela), Raúl Meriño (Cuba), Ras Yoe, Ricardo Figueredo, Rodolfo Peraza (Cuba), Rafael Domenech, Rirkrit Tiravanija, Svitlana Biedarieva (Ukraine), Soandry del Río (Cuba), Sandra Ceballos (Cuba), Santiago Alvarez Méndez (Colombia), Sandor (Cuba), Thiago Morandi (Brazil), Tomás Sánchez (Cuba), Tomas Vu, Tonel (Cuba), unx Pardo Ibarra (Colombia), Ulises Valdés (Mexico), Walfrido Valera (Cuba), Yaima Pardo (Cuba), Yasser Castellanos (Cuba), Yesica Suárez (Colombia), Yulier P. (Cuba), Yoenis Eloy Mayeta (Cuba), Yimi Konclase (Cuba), Yvelin Buenrostro (Mexico), Yucef Merhi (Venezuela), Yornel Martínez (Cuba), Yali Romagoza (Cuba), Yanier H. Palao (Cuba).[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1528443291296-0ad2c295-a239-7″ taxonomies=”104″][/vc_column][/vc_row]