Contents – Playing with fire: how theatre is resisting the oppressor

The Winter issue of Index magazine highlights the battles fought by theatre of resistance across the world and how they’ve been enduring different forms of censorship.

Writer Jonathan Maitland dives deeply into the history of theatre censorship in the United Kingdom and explains why British playwrights need to lose their fear and be bolder. Kaya Genç and Meltem Arikan provide a good overview of the situation in Turkey in the most recent years, where theatres have been closed down in Istanbul.

Natasha Tripney analyses the impacts of an exaggerated nationalism and how it restrains plays from moving forward.

The theatre of resistance, by Martin Bright: Index has a long history of promoting the work of dissident playwrights.

The Index: Free expression around the world today: the inspiring voices, the people who have been imprisoned and the trends, legislation and technology which are causing concern.

Women journalists caught in middle of a nightmare, by Zahra Nader: Many Afghan journalists –women in particular – have fled the Taliban or are in hiding from the brutal regime.

Hope in the darkness, by Jemimah Steinfeld: Nathan Law, one of the leaders of Hong Kong’s protest movement, is convinced that the repression will not last forever. We publish an extract from his new book.

Speaking up for the Uyghurs, by Flo Marks: Exeter university students have been successfully challenging the institution’s China policy, but much more needs to be done.

Omission is the same as permission, by Andy Lee Roth and Liam O’Connell: Malaysia’s introduction of emergency powers to deal with “fake news” was broadly ignored by the Western media – and that only emboldened the government.

I can run, but can I hide?, by Clare Rewcastle Brown: Journalist Clare Rewcastle Brown is a wanted woman in Malaysia – and the long reach of Interpol means there are now few places where she can consider herself safe.

Dream of saving sacred land dies in the dust, by Scarlett Evans: Australia’s mining industry is at odds with the traditional beliefs of the Aboriginal population and it is taking its toll on the country’s indigenous heritage.

Bylines, deadlines and the firing line, by Rachael Jolley: It’s not just pens and notebooks that journalists need in the USA, it’s sometimes gas masks and protective vests, too.

Cartoon, by Ben Jennings: “I’ve done my own research.”

Maltese double cross, by Manuel Delia: Four years on from Daphne Caruana Galizia’s murder, lessons have not been learned and justice for the investigative journalist’s family remains elusive.

“Apple poisoned me physically, mentally and spiritually”, by Martin Bright: A former Apple employee, who was fired by the tech giant after blowing the whistle on toxic waste under her office, says her fight will go on.[

]Keeping the flame alive as theatre goes dark, by Natasha Tripney: Theatre across the world is fighting new waves of repression, intolerance and nationalism, as well as financial cuts, at a time when a raging pandemic has threatened its existence.

Testament to the power of theatre as rebellion, by Kate Maltby: The Belarus Free Theatre, whose 16 members have now gone into exile to escape the Lukashenka regime, are preparing to perform at the Barbican in London.

My dramatic tribute to Samuel Beckett and catastrophe, by Reza Shirmarz: More than three decades after Index published the celebrated playwright’s work dedicated to the Czech dissident Vaclav Havel, the censored Iranian writer Reza Shirmarz has responded with his own play, Muzzled.

Why the Taliban wanted my mother dead, by Hamed Amiri: The author of The Boy with Two Hearts on why and how the family fled Afghanistan.

The first steps- Across Europe with Little Amal, by Joe Murphy and Joe Robertson: Good Chance Theatre on their symbolic take on the long journey of refugees from Syria to the UK.

Fighting Turkey’s culture war, by Kaya Genç: Theatres have been shuttered in Istanbul but the fightback by directors and playwrights continues.

I wrote a play then lost my home, my husband and my trust, by Meltem Arikan: The exiled Turkish playwright’s Mi Minör was blamed for the Gezi Park protests.

Where silence is the greatest fear, by Issa Sikiti da Silva: How Kenyan theatre has suffered under a succession of corrupt rulers, hot on the heels of colonial repression.

Censorship is still in the script, by Jonathan Maitland: British theatre has lost its backbone and needs to be more courageous.

God waits in the wings…ominously, by Guilherme Osinski and Mark Seacombe: A presidential decree that art must be ‘sacred’ has cast a free-speech shadow over Brazilian theatre.

Elephant that should be in Nobel Room, by John Sweeney: The winners of this year’s Peace Prize deserve their accolade, but there is another who should have taken the award.

We academics must fight the mob – now, by Arif Ahmed: The appalling hounding of Kathleen Stock at Sussex University is a serious threat to freedom of speech on campus.

So who is judging Youtube?, by Keith Kahn-Harris: Accused by the video behemoth of spreading misinformation, the author conducted an experiment in an effort to understand how the social media platform policies its content.

Why is the world applauding the man who assaulted me?, by Caitlin May McNamara: It is time for governments and businesses to decide where their priorities lie when it comes to the Middle East.

Silence is not golden, by Ruth Smeeth: As we enter a new year, Index will continue to act as a voice for those unable to use their own.

The road of no return, by Flo Marks and Aziz Isa Elkun: The Uyghur activist and poet, exiled in the UK, yearns for his family and friends imprisoned in Chinese concentration camps.

Bearing witness through poetry, by Emma Sandvik Ling: Poets are often on the frontlines of protest.

The people’s melody, by Mark Frary: For the first time, English readers can now experience the joys of Ethiopian poetry written in Amharic thanks to the work of Alemu Tebeje and Chris Beckett.

No corruption please, we’re British, by Oliver Bullough: The UK has developed a parallel vocabulary to avoid labelling anyone with the c-word … until now.

Lawsuits against the author and publisher of Putin’s People are SLAPPs

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

Index condemns lawsuits brought by ENRC against Tom Burgis

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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

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Interpol must clarify its involvement in the arrest warrant issued against British journalist Clare Rewcastle Brown

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  • 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]

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