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

Groups endorse a United Nations resolution on human rights and the internet 

The following is a transcript of a joint oral statement, led by ARTICLE 19 and supported by several IFEX members, that was read aloud today, 19 June 2014, at the 26th UN Human Rights Council session in Geneva:

Thank you Mr. President,

Two years ago this Council affirmed by consensus that “the same rights that people have offline must also be protected online, in particular freedom of expression”.

In 2014, the outcome document of Net-Mundial in Brazil recognised the vital role of the internet to achieve the full realisation of sustainable development goals. 31 UN Special Rapporteurs recently affirmed that guaranteeing the free-flow of information online ensures transparency and participation in decision-making, enhancing accountability and the effectiveness of development outcomes.

Development and social inclusion relies on the internet remaining a global resource, managed in the public interest as a democratic, free and pluralistic platform. States must promote and facilitate universal, equitable, affordable and high-quality Internet access for all people on the basis of human rights and net-neutrality, including during times of unrest.

The blocking of communications, such as the shutdown of social media in Malaysia, Turkey, and Venezuela is a violation of freedom of expression and must be condemned. Dissent online must be protected. We deplore the detention of Sombat Boonngamanong in Thailand, who faces up to 14 years imprisonment for using social media to urge peaceful resistance to the recent military coup in the form of a three-finger salute.

One year after the Snowden revelations, this Council must recognise that trust in the internet is conditional on respect for the rights to freedom of expression and privacy online, regardless of users’ nationality or location. Any mass (or dragnet) surveillance, which comprises collection, processing and interception of all forms of communication, is inherently disproportionate and a violation of fundamental human rights.

The targeted interception and collection of personal data must be conducted in accordance with international human rights law, as set out in the necessary and proportionate principles. Critical and intermediate infrastructure must not be tampered with for this end, nor should any system, protocol or standard be weakened to facilitate interception or decryption of data.

ARTICLE 19 urges the Human Rights Council to take action to comprehensively address these challenges.

Thank you.

Signed,

ActiveWatch – Media Monitoring Agency
Africa Freedom of Information Centre
Albanian Media Institute
Arabic Network for Human Rights Information
ARTICLE 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility 
Egyptian Organization for Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Human Rights Watch
Index on Censorship
Institute for the Studies on Free Flow of Information
International Press Institute 
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa 
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association 
Pakistan Press Foundation
PEN Canada
Privacy International
Reporters Without Borders
Southeast Asian Press Alliance
South East European Network for Professionalization of Media
West African Journalists Association
World Association of Community Radio Broadcasters – AMARC
Access
Alternative Informatics
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Bangladesh Internet Governance Forum
Bangladesh NGOs Network for Radio and Communications (BNNRC)
Barys Zvozskau Belarusian Human Rights House
Big Brother Watch
Bir Duino (Kyrgyzstan)
Bits of Freedom
Bolo Bhi Pakistan
Bytes For All
Center for e-parliament Research
Centre for Internet & Society
Center for National and International Studies, Azerbaijan
Center for the Development of Democracy and Human Rights, Russia
Chaos Computer Club
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation, Pakistan
Electronic Privacy Information Center
English Pen
European Centre for Not-for-Profit Law (ECNL)
Helsinki Citizens’ Assembly – Vanadzor
Human Rights Monitoring Institute, Lithuania
International Centre for Not-for-Profit Law (ICNL)
International Federation for Human Rights (FIDH)
Kazakhstan International Bureau for Human Rights and Rule of Law
Kenya Human Rights Commission
Liberty
OpenMedia.org
Open Net Korea
Open Rights Group
Panos Institute West Africa
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Simon Davies, publisher of “Privacy Surgeon”
Thai Netizen Network
Zimbabwe Human Rights Forum

The future of journalism: Five ways the news is changing

Rafal Rohozinski, co-founder of cyber-research thinktank SecDev Group (Photo: Frontline Club)

Rafal Rohozinski, co-founder of cyber-research thinktank SecDev Group (Photo: Frontline Club)

What is the future of journalism? The innovation report leaked from the New York Times this week highlights the need for change to keep up with fast-moving technology. How do news gatherers and publishers adapt to the volume of online content produced every day? In Syria, the combined duration of wartime YouTube footage now outweighs the realtime number of hours since the conflict began. Rafal Rohozinski, co-founder of cyber-research thinktank SecDev Group, spoke at London’s Frontline Club on Tuesday about redefining news. Here we round-up five of his key points – affecting everyone from readers to citizen journalists to the world’s biggest media organisations.

“Verification is key”

The Boston bombings were one of the most tweeted about events in history, generating seven million tweets – yet 60% were deemed to include false information. We are now swamped with data, but the successful operators will be the ones that know how to interpret it and validate it. “The expert isn’t the algorithm; it’s the human being in the loop,” says Rohozinski. We will see the rise of the “virtual bureau” – which tap into streams of knowledge coming up from the ground, but will be manned by “super journalists”, who understand the local language, politics, way of life etc. These well-trained individuals are able to work their way around both the data and the subject.

“Focus on one platform at your own peril”

Technology is fickle; it will change. “Imagine,” says Rohozinski, “if the BBC had focused only on MySpace.” Twitter is not the one and only route to the truth. Firstly, because it has a bias towards a particular type of user; secondly, because local platforms can often offer as much – or potentially even more – insight. Weibo in China is one example, but little-known localised platforms also exist in Kazakhstan, Tajikistan … Why are they popular? Because they are more accessible (having been developed for a specific group in their native language) and they are often linked to local telecommunications companies, so they are less expensive to access on mobiles. The internet of the future will cut across more platforms and try to link them.

“Syria is the first war being fought in the full glare of cyberspace”

At start of the Syrian war, there were 14 million mobile-phone users (in a population of 20 million). As people have fled, the number of in-country mobile-phone users has grown; there are now 500,000 more. This has done a great deal to empower citizens, but data can also  be manipulated. Thousands of seemingly genuine pro-Assad posts – apparently backed up with pictures of houses and children – turned out to be entirely artificial when analysed by an algorithm. It was more subtle than propaganda; it was created to imply an act of discourse among a community. Twitter didn’t pick up that; field reports wouldn’t pick up on that.

“The social contracts that were formed over decades are now completely up in the air.”

News agencies and intelligence agencies are facing the same problems. Both are trying to answer questions that ultimately depend on people. Both are dependent on cyberspace. Do we use metadata? How much do we reveal? How much do we collect? The Snowden revelations have brought a lot of this to light. Biometric data collection is forcing change in social contracts between individuals and state. The rules are grey and undefined.  In Syria, doctors are being arrested, because their phones contain details of gun-shot victims. Journalists and intelligence agencies need to look to new ways to protect their sources.

“Facebook and Google have big ambitions, but they are necessarily realities.”

Although Facebook and Google have been buying drone companies to further their reach, Rohozinski predicts complications: “Ultimately, the internet is based on a physical infrastructure of connectivity. When Facebook says they will use their own fibre optic cables so they aren’t subject to control, they are kind of wrong because at some stage the government will step in and say, ‘You are now a telecommunications company, regulation applies.’  Ambitions for becoming common carriers with a physical embodiment, as opposed to simply a virtual overlay, means they will be subject to much more regulation than they have been in the past.”

Rafal Rohozinski co-developed Psiphon, a software application that allows people in closed societies to access censored information. He has worked across the world, including in the former Soviet Union, the Middle East and Africa. 

The next issue of Index On Censorship magazine – out in early June – explores citizen journalism and data-tracking in Syria. Subscribe from just £18 per year and find out about hard-hitting journalism under fire around the world.

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