24 Nov 21 | News and features, Statements
Writer Catherine Belton
The undersigned organisations express their serious concern at the legal proceedings that are being brought against journalist and author Catherine Belton and her publisher HarperCollins.
The two defamation lawsuits are being brought by Russian businessman Roman Abramovich and the Russian state energy company Rosneft in relation to Belton’s book, Putin’s People: How the KGB took back Russia and then took on the West, which was published in April 2020.
Abramovich’s complaint relates to 26 extracts in the book, including the suggestion that his purchase of Chelsea Football Club in 2003 was directed by Russian president, Vladimir Putin. Rosneft’s complaint relates to claims that they participated in the expropriation of Yukos Oil Company, which had been privately owned by businessman Mikhail Khodorkovsky. Both claims were filed in March 2021.
“We believe that the lawsuits against Belton and HarperCollins amount to strategic lawsuits against public participation (SLAPPs),” the organisations said, referring to a form of legal harassment used by wealthy and powerful entities to silence journalists and other public watchdogs.
“SLAPPs are used to drain their targets of as much time, money, and energy as possible in order to bully them into silence. The individual may be sued personally and several lawsuits may be brought at the same time, including in different jurisdictions,” the organisations said. “These are hallmarks of SLAPPs, and they’re consistent with what Belton and HarperCollins have faced.”
Five separate claims were initially filed against Belton and HarperCollins, but three have since been resolved without the need for costs or damages being awarded to the claimants. In June 2021, Abramovich filed an additional lawsuit against HarperCollins in Australia in relation to Belton’s book.
“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect public watchdogs from being subject to burdensome, lengthy, and financially draining legal actions, which can stifle public debate,” the organisations concluded. “Our democracy relies on their ability to hold power to account.”
SIGNED:
ARTICLE 19
Association of European Journalists (AEJ)
AEJ Polish Section
Blueprint for Free Speech
Campaign for Freedom of Information in Scotland (CFoIS)
Citizen Network Watchdog Poland
Cyrus R. Vance Center for International Justice
English PEN
European Centre for Press and Media Freedom (ECPMF)
Index on Censorship
IFEX
Justice for Journalists Foundation
National Union of Journalists (NUJ)
OBC Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Society of Journalists, Warsaw
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
08 Oct 21 | Kazakhstan, Legal action against journalists, Media Freedom, News and features, Slapps, United Kingdom
[vc_row][vc_column][vc_column_text]
Metal Alloy plant. Worker in orange jacket and white hardhat on train with Eurasian Resources Group (ENRC). Alexey Rezvykh / Alamy Stock Photo
The undersigned organisations express their serious concern at the legal proceedings that have been filed in a UK court against journalist and author Tom Burgis, his publisher HarperCollins, and his employer the Financial Times (FT). Two lawsuits have been filed by Kazakh multinational mining company, Eurasian Natural Resources Corporation (ENRC), for what it claims are a series of “untrue” and “highly damaging” allegations made by the defendants about the company.
The first lawsuit, against Burgis and HarperCollins, centres around multiple passages in Burgis’ 2020 book Kleptopia: How Dirty Money is Conquering the World. The second lawsuit, against Burgis and the FT, relates to two FT articles by Burgis, eleven Twitter posts by Burgis based on the articles, and an FT podcast in which Burgis was interviewed about his investigation.
“We are extremely concerned that the lawsuits against Tom Burgis, HarperCollins, and the FT are Strategic Lawsuits against Public Participation (SLAPPs). SLAPPs are a form of legal harassment used by those with deep pockets to silence journalists and other public watchdogs by exploiting intimidatingly long and expensive legal procedures,” the undersigned organisations said.
The lawsuits filed in London follow earlier legal suits by ENRC in US courts against HarperCollins seeking disclosure of wide-ranging information relating to the publication of Burgis’ book and newspaper articles published in the FT. In the London lawsuits, ENRC claims that the publications defamed the company, including by falsely suggesting that it was involved in the deaths of two whistleblowers (former ENRC employees), whose bodies were found at a motel in Missouri in 2015.
A criminal investigation by the UK’s Serious Fraud Office into alleged corruption within ENRC opened in 2013 and is ongoing. It is understood to be focused on allegations of fraud, bribery and corruption around the acquisition of substantial mineral assets in the Democratic Republic of Congo and elsewhere. No charges have yet been brought. ENRC denies all allegations.
Since the SFO announced its investigation, ENRC has initiated a wave of more than 18 legal proceedings in the US and the UK against journalists, lawyers, investigators, contractors, and a former SFO official and the SFO itself. In June 2021, twenty-two organisations issued a statement condemning the ENRC’s lawsuits against public watchdogs.
“The lawsuits against Burgis, HarperCollins, and the FT are the latest in a deluge of litigation brought by ENRC as it attempts to robustly challenge corruption allegations,” the organisations said. “We are extremely concerned that ENRC’s legal tactics are a further attempt to silence those who interrogate any possible links between the company and incidents that warrant proper public scrutiny.”
“We urge the UK government to consider measures, including legal measures, that would protect journalists and other public watchdogs from abusive legal actions that are aimed at silencing them,” the organisations concluded. “Our democracy relies on their ability to hold power to account.”
The legal proceedings against Burgis, HarperCollins, and the FT were filed at the High Court of Justice of England and Wales on 27 August. The first hearing has yet to be scheduled.
Note to editors: ENRC was listed on the London Stock Exchange until 2013, when it became embroiled in controversy over governance issues and went private. Today it is owned by Eurasian Resources Group registered in Luxembourg. The ‘Trio’ who own the majority shares in ENRC (now ERG) are Alexander Machkevitch, Patokh Chodiev and Alijan Ibragimov. Mr Ibragimov died in February 2021. The Kazakh state owns an estimated 40 percent of the company.
SIGNED:
ARTICLE 19
Blueprint for Free Speech
Campaign for Freedom of Information in Scotland (CFoIS)
English PEN
IFEX
Index on Censorship
Justice for Journalists Foundation
Organized Crime and Corruption Reporting Project (OCCRP)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Rights and Accountability in Development (RAID)
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
The European Centre for Press and Media Freedom
[/vc_column_text][/vc_column][/vc_row]
29 Sep 21 | Malaysia, News and features, Statements
[vc_row][vc_column][vc_column_text]
- Clare Rewcastle Brown fears she will be arrested when she arrives in Spain later this week
- Charities have written to INTERPOL today seeking clarification over whether a Red Notice has been issued for her arrest
- On 23 September 2021, the Malaysian Government issued a warrant for her arrest regarding a book about the 1MDB scandal.
British journalist Clare Rewcastle Brown Photograph by Felix Clay
This morning ARTICLE 19, Index on Censorship and Fair Trials wrote to Interpol to request clarification about whether a Red Notice or Diffusion has been issued against the British journalist, Clare Rewcastle Brown. The fourteen undersigned organisations would like to reiterate calls for Interpol to clarify the situation in order to ensure Ms Rewcastle Brown’s unrestricted entry to Spain later this week.
Ms Rewcastle Brown is the founder and editor-in-chief of the Sarawak Report and known for exposing high-level corruption involving the former Prime Minister of Malaysia (popularly known as the ‘1MDB scandal’). In 2015, the Sarawak Report published an article on the diversion of USD 700m into the personal accounts of the prime minister of Malaysia, Najib Razak. Subsequently, Ms Rewcastle Brown faced charges of ‘activities detrimental to parliamentary democracy’, which formed the basis of a Red Notice request by the Malaysian authorities. In August 2015, Fair Trials wrote to Interpol expressing concerns that the Red Notice would likely violate Interpol’s rules. At the time, they took the unusual step of confirming that although a Red Notice request had been received, it was refused by the General Secretariat.
As of 23 September 2021, Ms Rewcastle Brown has been subject to a new arrest warrant in Malaysia. According to media reports, she is wanted over criminal defamation charges brought by the wife of the Sultan of Terengganu regarding statements made about her in Ms Rewcastle Brown’s 2018 book about the 1MDB scandal.
If a Red Notice has been issued, Ms Rewcastle Brown could be arrested when she travels to Spain later this week to visit an elderly relative who needs her support. There is also a risk that she could be held in detention and face extradition to Malaysia.
The undersigned organisations have serious concerns that the Malaysia National Central Bureau might be trying to use Interpol’s systems to judicially harass Ms Rewcastle Brown. The organisations are calling on Interpol to clarify whether there has been an attempt to issue a Red Notice or Diffusion by Malaysia, and whether such an attempt has been successful.
Clare Rewcastle Brown said: “These criminal charges are linked to a civil defamation case and my lawyers believe they represent an abuse of due process to put pressure on me as the defendant against a politically powerful litigant. When the original criminal complaint was brought in 2018 the police declined to action it. However, last month the political party behind the multi-billion dollar 1MDB sovereign wealth fund theft, which lost an election after I had exposed the scandal, returned to office.
“I am concerned that the same actors who tried to abuse Interpol by having me arrested as a terrorist in 2015 will, having returned to power, attempt to file another Interpol Red Notice alert with the aim of having me detained anywhere in the world. They are seeking to paint me as a criminal for exposing their corrupt practices which is my job as a journalist and they are using a claim of ‘criminal libel’ which is simply not a crime that exists in the UK or most democratic countries where the freedom of journalists to report on the politically powerful is rightly protected. I could be thrown into jail at a border by officials who have no idea about the background to this case or the spurious nature of these charges and then face months of legal action fighting extradition charges to get back to Britain.”
Bruno Min, legal director at Fair Trials said: “Some countries will go to extraordinary lengths to quash dissent, including by abusing Interpol Red Notices and Diffusions to harass and intimidate critics, wherever they might be. Interpol must send a clear message to the world that it will not tolerate the misuse of its systems as a tool of oppression by ensuring that journalists and writers like Clare Rewcastle Brown are protected from abusive Red Notices and Diffusions.”
Sarah Clarke, Head of Europe and Central Asia at ARTICLE 19 said: “This latest act of legal intimidation by the Malaysian authorities against Clare Rewcastle Brown is part of a pattern of serious judicial harassment against the journalist as a direct reprisal for her work in exposing massive corruption. Interpol must recognise this as a vexatious act of intimidation and ensure they are not complicit in the abuse of their system.”
Jessica Ní Mhainín, policy and campaigns manager at Index on Censorship said: “It’s an indictment of international policing that a journalist travelling from one jurisdiction to another should fear an arrest for her work, which is overwhelmingly in the public interest. Interpol should take immediate steps to block any efforts by the Malaysian authorities to abuse its systems to harass Clare Rewcastle Brown, and ensure her unrestricted entry to Spain.”
Read the letter to INTERPOL here
Contact: Jessica Ní Mhainín, policy and campaigns manager, [email protected]
SIGNED:
ARTICLE 19
Blueprint for Free Speech
The Daphne Caruana Galizia Foundation
English PEN
European Centre for Press and Media Freedom (ECPMF)
Fair Trials
IFEX
Index on Censorship
International Press Institute (IPI)
Justice for Journalists Foundation
OBC Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)[/vc_column_text][/vc_column][/vc_row]
09 Jul 21 | Media Freedom, Netherlands, News and features
[vc_row][vc_column][vc_single_image image=”117066″ img_size=”full” add_caption=”yes”][vc_column_text]Dutch crime journalist Peter R de Vries is fighting for his life in a hospital in Amsterdam, after he was shot in the head on Tuesday evening. He had just left the studio of a TV show to which he is a regular contributor. Two suspects have been arrested.
De Vries is one of the best-known journalists in the Netherlands and is recognised for his deep commitment to the victims of the crimes he investigates. Tenacious like a pitbull, he pursues their stories to deliver justice.
He doesn’t shy away from crossing the boundaries of journalism either: he recently started a crowdfunding campaign to raise one million euros to be used as tip money to help solve a cold case of a missing student dating back to 1983.
The attempt on his life is likely to be connected to another step he took away from journalism: he became the confidant of Nabil B., a Crown witness in a trial against an exceptionally violent drugs gang. Although police haven’t commented on the attempted murder yet, few doubt that this is the context in which it needs to be placed.
In an interview with Index on Censorship, De Vries’ colleague Gerlof Leistra, a crime reporter for weekly EW Magazine for more than 30 years, bluntly stated: “This murder attempt is not an attack on press freedom and is not related to journalism.”
Some may question this view; investigative journalists have often pushed at the boundaries in order to secure the story.
Leistra said he has always respected De Vries as a colleague, and pointed out that De Vries never focuses on organised crime in his journalistic investigations. Leistra said: “With his stories and book about the Heineken abduction and murder in 1983 as an exception, he focused on cold cases, deceit, scams. He’s a fantastic man, who could get genuinely wound up about an unjust parking ticket for an old lady. He crossed a journalistic line though when he became Nabil B.’s confidant.”
To be accepted as such by the authorities and get access to his client, De Vries became an employee of the lawyer’s office that represented the Crown witness. It was a clear risk.
The so-called Marengo trial revolves around one of the most violent organised crime organisations ever uncovered in the Netherlands. On trial are the gang’s leader Ridouan Taghi and more than a dozen of his accomplices.
The pursuit of the gang has already led to the murder of others connected with the case. In 2018, Nabil B.’s brother was murdered by Taghi’s men. A year later, Derk Wiersum, Nabil B.’s lawyer, was also murdered. Despite the risk, De Vries refused personal protection.
In a recent interview with magazine Vrij Nederland, De Vries said: “I’m not a scared person, but Nabil’s brother and his previous lawyer were murdered so you don’t have to be hysterical to think something may happen. That’s part of the job. A crime reporter who thinks ‘it’s all getting a bit too intense now’ when the going gets tough, should instead work for Libelle,” referring to a weekly women’s magazine.
Crime journalist Leistra said that the murder attempt is an attack on the rechtsstaat, the system of legal institutions that upholds and protects the state of law. Thomas Bruning, general secretary of the Dutch Journalists Union (NVJ) agrees in part. He told Index on Censorship: “We have to nuance the image of this murder attempt being about press freedom only. Nevertheless, for his colleagues, this is an attack on one of them, and it creates a chilling climate.”
This climate has become colder in the last couple of years. Research by the NVJ has shown that more journalists in the Netherlands are getting targeted verbally or physically for their work. National broadcaster NOS last year decided not to use vans with its logo any more because it is increasingly triggering agression.
On Twitter, Dutch Member of Parliament Geert Wilders recently called journalists ‘scum’.
Bruning said: “Criminals aren’t triggered by that of course, but this all complicates the role of journalists in society. There have been threats against journalists, and now one such threat was put into practice.”
This is also what Bruning discussed with the authorities this week during a meeting with Justice Minister Ferd Grapperhaus.
He said: “It’s positive that two suspects have been arrested. The authorities do take this seriously so I don’t think we can draw a parallel with murders of journalists elesewhere in Europe.”
Bruning was referring to the murders of Daphne Caruana Galizia in Malta in 2017 and Ján Kuciak in Slovakia in 2018, which laid bare corruption within the state.
Nevertheless, Bruning sees a development to which he drew Grapperhaus’s attention. He said: “Before, criminals killed each other, then they murdered a lawyer, now an attempted murder of a journalist for, most likely, his role in a trial. Who knows, maybe the next target is a journalist who only reports about crime. It’s a slippery slope.”[/vc_column_text][/vc_column][/vc_row]
