Padraig Reidy: Courageous journalism should not come with a price

People taking part in the funeral procession of Lasantha Wickrematunge (By Indi Samarajiva [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

People taking part in the funeral procession of murdered journalist Lasantha Wickrematunge (Photo by: Indi Samarajiva [CC-BY-2.0], via Wikimedia Commons)

Lasantha Wickrematunge knew he would be murdered. The founding editor of Sri Lanka’s Sunday Leader was unpopular because he wanted his paper to tell the truth. During his country’s long civil war, Wickrematunge’s loyalty was not to Colombo, or to the Tamil Tigers, but to journalism.

This would be no defence for Lasantha. President Mahinda Rajapaksa repeatedly referred to him as a “terrorist journalist” and “Kotiyek” (a Tiger).

According to exiled journalist Uvindu Kurukulasuriya, shortly before Lasantha was killed, the president offered to buy the Sunday Leader, with the intention of muting its voice. Lasantha declined the generous offer. On 8 January 2009, he was shot dead.

Days later, an astonishing editorial, written by Lasantha before his death, appeared in the Sunday Leader, and subsequently in newspapers throughout the world. After describing his pride in the Sunday Leader’s journalism, Wickrematunge wrote chillingly: “When finally I am killed, it will be the government that kills me.”

Lasantha’s murder was shocking. As was the murder of Hrant Dink, the Armenian editor who “insulted Turkishness” by daring to speak of the genocide of his people; as was the murder of Anastasia Barburova, the young Novaya Gazeta reporter who investigated the Russian far right; as was the murder of Martin O’Hagan, who took on the criminality of Northern Ireland’s loyalist gangs. As were the murders of the dozens of Filipino journalists killed in the Maguindanao massacre in 2009, too numerous to name, caught up in a ruthless turf war.

Then there are the reporters killed in war zones. The conflict in Syria has been a killing field for journalists. Where once the media were seen as protected, even potential allies, now they are seen as targets. The killings of Steven Sotloff and James Foley by ISIS in Iraq brought back memories of the beheading of Daniel Pearl in Pakistan in 2002. As Joel Simon of Committee to Protect Journalists relates in his forthcoming book, the New Censorship, that crime marked a turning point. In the Pearl case, even Osama bin Laden, who viewed the media as a potential tool in his global war, was shocked by the tactic employed by his lieutenant Khalid Sheikh Mohammed, who claimed to have carried out the murder himself. From that point on, journalists were not just fair game, but trophies.

As money is drained from news, many organisations choose not to send correspondents to areas where reporters are needed most. Too dangerous, too expensive. As a result, freelancers, local journalists and fixers take ever greater risks. Under-resourced, undersupported and out on a limb, they are picked off.

Regional journalists covering tough domestic beats are easy prey. In Mexico, drug cartels boast of their ability to murder reporters. In Burma, the army kills a reporter who dares report its activities.

The numbers are horrifying: over 1,000 media workers have been killed because of their work since 1992.

Every single time, the message is sent: don’t get involved; don’t ask questions; don’t do your job. No journalism here. No inconvenient truths, no dissenting voices.

With rare exceptions, those responsible for these crimes act with impunity. Sometimes, as in the case of Anna Politkovskaya, outspoken on war crimes in Chechnya, the man who pulled the trigger is traced but those who gave the orders remain untouched. In over 90 per cent of cases of attacks on journalists, there are no convictions.

There is no greater infringement of human rights than to deliberately take an innocent life. The killing of a journalist also signals contempt for the concept of free expression as a right. As the United Nation’s Plan of Action on the Safety of Journalists and the Issue of Impunity, states, violent attacks on journalists and free expression do not happen in a vacuum: “[T]he existence of laws that curtail freedom of expression (e.g. overly restrictive defamation laws), must be addressed. The media industry also must deal with low wages and improving journalistic skills. To whatever extent possible, the public must be made aware of these challenges in the public and private spheres and the consequences from a failure to act.”

In that famous final editorial, Lasantha Wickrematunge wrote: “In the course of the last few years, the independent media have increasingly come under attack. Electronic and print institutions have been burned, bombed, sealed and coerced. Countless journalists have been harassed, threatened and killed. It has been my honour to belong to all those categories.”

Like many journalists, Lasantha prided himself on bravery: there is no higher compliment in the profession than to call a colleague “courageous”.

But there is a danger in this that we create martyrs: that we become enamoured of the idea that a good journalist should die for the cause. That persecution and suffering are marks of valour.

They are not. Journalism should be intrepid, of course, but we shouldn’t accept the idea that intrepid journalism comes with a price. Journalism, the exercise of free expression, is a basic right both for practitioners and for the readers, viewers and listeners who benifit from it. They should be able to practice this right without fear of persecution from states, criminals or terrorists. If they are to suffer, their oppressors must face justice.

Correction 10:02, 10 November: An earlier version of this article stated that a government minister offered to buy the Sunday Leader.


Index on Censorship is mapping harassment and violence against journalists across the European Union and candidate countries at mediafreedom.ushahidi.com.

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This article was posted on 6 November 2014 at indexoncensorship.org

Azerbaijan: Lawyers dismissed from jailed rights activist’s case

leyla-yunus

Two lawyers representing Azerbaijani human rights activist Leyla Yunus’s have been dismissed from her case. Javad Javaldi announced his suspension on 29 October, followed by Khalid Bagirov on 5 November. This comes as Azerbaijan’s ambassador to the United Kingdom says the government is “deeply committed” to  strengthening its cooperation with the country’s civil society.

The prosecutor general’s office has not provided explanations for the suspensions. They have also prevented Bagirov from meeting with his client Rasul Jafarov, another prominent Azerbaijani human rights activist currently imprisoned.

The lawyers’ dismissal comes less than two weeks after Yunus said she had been denied access to her lawyers. In late September, her lawyers expressed concern at being unable to meet with Yunus in person or speak on the phone with her, saying they were concerned about her physical wellbeing. She has reportedly been beaten by both guards and her cellmate and denied medical attention.

The court has also reportedly extended Yunus’s detention until 28 February. She was initially arrested on July 30 with her husband, Arif, who recently had his pretrial detention extended until 5 March. The two are charged with high treason, spying for Armenia, illegal business activities, document forgery and fraud.

Both detention extensions go against calls from the European Parliament to Azerbaijan to release political prisoners and reform human rights. Last month the European Union praised President Ilham Aliyev when he announced he would release 80 prisoners, including some human rights activists.

Thorbjørn Jagland, secretary general of the Council of Europe and chair of the Norwegian Nobel Committee, wrote on Monday that Azerbaijan has been “repeatedly warned…over its poor human rights record”.

In a response to Jagland, Ambassador Tahir Taghizadeh wrote in a letter in The Guardian on Thursday that his country has “come a long way in strengthening democracy and human rights over the last 23 years.”  He added that “there still exists a long way to go,” and the government looks forward to working with civil society to resolve “human rights issues”.

This article was originally posted on 6 November 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

Azerbaijan crackdown continues with new arrest and activist deprived of lawyer

Arif and Leyla Yunus (Photo: HRHN)

Arif and Leyla Yunus (Photo: HRHN)

A journalist from Azerbaijani opposition newspaper Azadliq was today sentenced to 25 days of administrative detention. Khalid Garayev, who also hosts online show Azerbaijani Hour, was found guilty of hooliganism and insubordination to the police by a court in the capital Baku. He told the court the case against him is “fabricated, and politically motivated” because of his “journalistic activities and active civil position” reports contact.az.

Also today, jailed human rights activist Leyla Yunus said she has been denied access to her lawyer. Yunus made the claim in a letter sent from the detention centre in Baku where she is being held. This comes a day after her husband Arif Yunus, who was arrested with her in July, had his pretrial detention extended until 5 March, 2015. Azerbaijani authorities also announced yesterday that police will be able to use electric shockers, following an amendment to the police law.

Leyla Yunus’ lawyers have previously reported being denied access to her cell or an opportunity to see her. She has also reportedly been beaten and denied medical attention. The lawyers say the conditions she is being exposed to in prison “raise a lot of concerns”.

In addition to the Yunus couple, rights activist Rasul Jafarov, lawyer Intigam Aliyev and journalist Seymur Hezi have been detained since late this summer.

Last week, the European Union praised an announcement from President Ilham Aliyev that 80 prisoners, including at least four activists, would be granted amnesty. This was “a positive first step in reversing the trend of recent months,” said the EU in a statement.

Previously, the European Parliament has called on Azerbaijan to release political prisoners, including Arif and Leyla Yunus. The parliament also called on the government to cease its harassment of civil society organisations, opposition politicians and independent journalists.

On 13 October, thousands protested in Baku, calling for the resignation of President Ilham Aliyev, the release of political prisoners and an end to human rights abuses in the country. Two days prior, a travel ban had been placed on journalist Khadija Ismayilova. She currently faces a lawsuit over libel and document forgery, accusations she denies. As Index has reported, government supporters have threatened Ismayilova in the past.

Fellow journalist Arzu Geybulla was threatened on social media and accused of treason following a recent interviewed with Azerbaijani news site Modern.az. In July, the Index award-winning newspaper Azadliq was forced to suspend publication due to financial pressure from authorities.

Nominations are now open for the Index Freedom of Expression Awards 2015. Put forward your free expression heroes here.

This article was posted on 29 October 2014 and updated on 30 October at indexoncensorship.org