Monitoring and Advocating for Media Freedom: Policy recommendations for Azerbaijan, Belarus, Russia, Turkey and Ukraine

 

Index on Censorship’s Monitoring and Advocating for Media Freedom project monitors threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine. Previously these countries were also included in the Mapping Media Freedom project, which Index incubated and managed between 2014 – 2018.

This report summarises policy recommendations based on analysis since April, 2019. The recommendations are based on research by in-country correspondents and Index staff. Country reports published by the project since April are available on the project webpage.

After a brief background section, the report sets out key policy recommendations that apply to all the project countries, followed by key recommendations for each project country.

 

Background

It is essential that media freedom groups and international organisations continue to monitor, verify and document threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine, continue to raise awareness about the challenges and to advocate for change. Media freedom is severely restricted in all these countries and journalists are under great pressure.

Violence against journalists; misuse of counter-terror and security legislation to silence journalists; travel bans that isolate journalists and impact them professionally; failure to investigate violent crimes against journalists and silencing and punishing journalists through defamation and insult laws – all these are familiar tactics and increasingly common. In more recent years the introduction of restrictive internet-related legislation, such as in Russia, has opened a new frontline in the fight to safeguard media freedom.

 

RECOMMENDATIONS FOR ALL PROJECT COUNTRIES 

 

  • Governments and the EU must take a stronger stand for media freedom

Governments and multilateral groups, in particular the European Union (EU), must take a strong stand in defence of media freedom and journalists, both in their bilateral relations with the project countries and in multilateral processes. Governments and the EU should ensure that issues such as proposed or existing legislation that restricts media freedom, violence against journalists and failures to investigate crimes against journalists, form part of the agenda in strategic bilateral and multilateral discussions.

Countries that have a version of the Magnitsky Act (in the EU, this includes Estonia, Latvia, Lithuania and The Netherlands) should consider making use of this legislation in cases where media freedom and the safety of journalists are at stake. Countries that have not yet introduced such legislation should consider doing so. The UK should put its Magnitsky amendment into use. 

 

  • Impunity must end

A man lays flowers near the picture of murdered journalist Anna Politkovskaya, during a rally in Moscow, Russia, 7 October 2009. CREDIT: EPA / Alamy Stock Photo

Impunity is a major challenge in all the project countries. In Azerbaijan, the death of freelance journalist Rafic Tagi, who died in hospital after a stabbing in 2011, has never been investigated properly. Belarussian cameraman Dzmitry Zavadski disappeared in 2000 on his way to meet journalist Pavel Sheremet, later killed in Ukraine in 2016. Zavadski’s body was never found.

The instigator of the 2006 contract killing of investigative journalist Anna Politkovskaya in Russia is still not known, nor is the motive. In 2018 the European Court of Human Rights found that the Russian authorities had failed to carry out an effective investigation into her killing. Turkey failed to investigate the death of editor Rohat Aktaş, killed when he was covering hostilities between Kurdish separatists and Turkish forces in 2016.

Ukrainan journalist Pavel Sheremet was killed by a car bomb in Kyiv in 2016 and, despite statements from the authorities that the case is a priority, there has been no progress. All the project countries should commit to investigating unsolved killings of journalists and should implement the guidelines in recommendation CM/Rec(2016)4 of the Committee of Ministers of the Council of Europe.

In relation to impunity, the guidelines envisage that when investigations and prosecutions have not resulted in justice member states can consider establishing special inquiries or independent specialised bodies, and that the latter could involve participation by respected media and/or civil society figures.  

 

  • Council of Europe member states must engage fully with the platform for journalism

Council of Europe member states must engage more actively with the Council of Europe’s Platform for the protection of journalism and safety of journalists. The partner organisations of the platform, which include Index on Censorship, should continue to use the platform to raise awareness of media freedom violations and threats to journalists. This should include advocating for states to respond to all alerts communicated to the platform.

The overall response rate from states in 2018 was only 39%. It is also important that states provide substantive replies to alerts and engage in follow-up dialogue with the partner organisations. The platform is an underused mechanism, with potential to achieve more. Partner organisations can also be of assistance to member states that are willing to engage fully.

Belarus is not a member of the Council of Europe, but other international organisations and processes, such as the special procedures of the United Nations human rights council, should be engaged to follow up cases and issues in Belarus.

 

Azerbaijan must halt its use of travel bans for journalists including Khadija Ismayilova

AZERBAIJAN

 

  • The EU must defend media freedom in negotiations with Azerbaijan

The EU must use its influence to defend media freedom and journalists in Azerbaijan. Negotiations on an agreement to replace the EU-Azerbaijan Partnership and Cooperation Agreement, in place since 1999, are at an advanced stage and will need to be brought to a conclusion by the new European Commission. It is extremely important that the EU raises media freedom and human rights in these negotiations.

In 2018, the European Parliament adopted a resolution which recommended that the EU should make deepening of relations with Azerbaijan conditional on respecting democratic values and human rights, and that it should ensure that Azerbaijan frees its political prisoners (including journalists such as Afgan Mukhtarli) before the negotiations on a new partnership agreement are concluded. Mukhtarli remains imprisoned. 

 

  • End digital attacks

Azerbaijan must refrain from targeting journalists’ online activities, including through call hacking, internet blocking and distributed denial-of-service (DDoS) attacks. In October, internet blockages and disruption to mobile phone services were reported in central Baku in connection with ongoing protests. Several journalists were also detained or subjected to physical violence during the protests. Social media platforms such as YouTube should respect Azerbaijani users’, including journalists’ right to seek, receive and impart information. Platforms should implement terms and conditions consistently and transparently, including when dealing with harassment of journalists by alleged state-sponsored trolls.

 

  • Stop using travel bans

Azerbaijan must halt its use of travel bans for journalists. For example, the well known journalist Khadija Ismayilova is currently under a travel ban. OSCE Media Freedom Representative Harlem Désir has stated that it is a serious hindrance to her work as a professional journalist.

 

BELARUS

 

  • Amend the law on mass media

Belarus must amend the law on mass media. The legislation currently requires journalists, including freelancers, who work for media outlets registered outside Belarus to obtain accreditation from the foreign affairs ministry.  This has led to journalists being fined repeatedly. At a very minimum, Belarus must urgently establish procedures that enable journalists to appeal rejected accreditation requests.

 

  • Other governments must signal that restrictions are not acceptable

Other governments must make it clear to Belarus that restrictive and repressive actions against journalists will not be tolerated. This applies to the requirements for accreditation for journalists working for non-Belarussian media outlets above, but also to the practice of detaining journalists for short periods. Some observers have credited Belarus’ tendency to impose fines on journalists or to detain them for short periods – rather than sentence and imprison them – as an attempt to build alliances in the West at a time when relations with Russia are weak. Other governments need to signal clearly it is not acceptable.

 

  • Train journalists in human rights and United Nations procedures

In the case of Belarus, which is not a member of the Council of Europe, it is important that support and training aimed at enabling journalists to defend their rights includes training on other international organisations and processes, such as the special procedures of the United Nations human rights council, including the special rapporteur on the situation of human rights in Belarus.

 

Ivan Golunov

Russia must investigate cases of trumped-up charges against journalists such as Ivan Golunov

RUSSIA

 

  • Halt the extension of foreign agent legislation to individual journalists

Russia must refrain from finalising the legislative changes that would extend the scope of “foreign agent” to individual journalists. Existing problematic legislation already requires media outlets that receive funds from abroad to register as foreign agents. At the time of writing the Duma has approved changes that would extend this to individual journalists, including freelance journalists and bloggers. Any one of these receiving payments for services, or a salary from abroad, would need to register with the ministry of justice. All published work would need to display a “foreign agent” label. This legislation should not proceed, and existing legislation that labels  media outlets as foreign agents should be reviewed.

 

  • Ensure access for journalists to court proceedings

Access to court proceedings is a frequent problem for journalists. As stated in Opinion No. 8 of the Consultative Council of European Prosecutors: “Transparency in the performance of the prosecutor’s duties is an essential component of the rule of law, and one of the important guarantees of a fair trial. Not only must justice be done, but it must also be seen to be done. In order for this to be possible, the media should be able to provide information on judicial, criminal or other proceedings” (paragraph 30). The authorities must review existing processes for compliance with international standards.

 

  • Investigate cases of trumped-up charges against journalists

The authorities must thoroughly investigate cases of trumped-up charges against journalists and ensure that the instigators are brought to justice. Recent incidents include the high-profile case of Ivan Golunov, arrested for possession and trafficking of drugs, and what appears to be a fake letter sent in the name of Nikita Telizhenko with the aim of discrediting him. 

 

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey's jailed journalists ahead of Erdogan visit to Downing Street

Index on Censorship magazine editor Rachael Jolley leads chants in support of Turkey’s jailed journalists ahead of Turkish President Erdogan’s visit to Downing Street in May 2018

TURKEY

 

  • Other governments should not support Turkey’s judicial reform strategy, at least not in its current form

The judicial reform strategy (JRS), launched in May, 2019, will not achieve any meaningful change, at least not in its current form. Turkey’s judicial system is not independent: it is overloaded with cases, many which concern journalists, and it has been undermined through the large-scale dismissal of judges. It is extremely important that other countries and international organisations scrutinise the judicial reform strategy, and make it clear that in its current form it is completely inadequate when it comes to addressing the enormous structural problems of the judiciary. 

 

  • Implement the recommendations of the United Nations special rapporteur

In May 2019, the United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression published a follow-up report to an earlier visit to Turkey in 2016. The rapporteur had made a series of recommendations in 2016, which included releasing jailed journalists and reversing the closure of media outlets. The follow-up report found that Turkey had either failed to implement or had contravened all the recommendations, with the exception of one (lifting the state of emergency). Turkey should urgently implement all the recommendations made by the United Nations special rapporteur.

 

  • Support trial observation

Diplomatic representations and international organisations, including the EU, need to support observation of trials that involve journalists and media outlets. High-profile trials in central locations can be well-attended by observers, but coverage of trials in remote locations is more limited. Support can include sending representatives to follow trials and/or financial support for organisations that monitor trials.

 

Ukraine President Volodymyr Zelenskiy must engage with the media. Photo: Wikimedia

UKRAINE

 

  • The government must review state support for far-right groups associated with extremism

The government needs to undertake an independent and transparent review of state support, including financial support for far-right groups associated with extremism. The review should involve international experts. It should include investigating the possibility of state security force collusion with paramilitary and extremist organisations and thorough investigations of alleged involvement in violence against journalists, such as the unsolved murder of Oles Buzina.

 

  • Elected representatives must engage with the media

President Volodymyr Zelenskiy reportedly held a 14-hour press conference in October, attended by 300 journalists. Whether it signals a new era in the relationship between Ukraine’s elected representatives and the media remains to be seen. The failure of the president and lawmakers to engage meaningfully with the media in the past has been a challenge for journalists and this needs to change. 

 

  • Invest in the public service broadcaster

In the highly divisive media landscape, the role of the public broadcaster is extremely important. Ukraine’s public broadcasting company is severely underfunded and currently has a very small audience. As Index on Censorship outlined in its Demonising the Media report a year ago, a significant but underreported trend in the region is the threat to public broadcasters. A number of national broadcasters in the EU and neighbouring countries were brought under closer government control in 2014-18. Ensuring both sufficient funding and editorial independence are crucial in ensuring the public’s right to know is defended.

Azerbaijan: Press freedom violations October 2019

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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.

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Several Journalists detained and beaten during protests

19 October 2019 – Multiple media outlets reported the arrest and assault of journalists during an unsanctioned rally against corruption and low wages in Baku.

Journalists detained during the rally included Gulnaz Gambarli, Nurlan Libre (Gahramanli), Farid Ismayilov, Mehin Kerimi, Abulfat Bakhshali, Vugar Mirzabay and Fatima Movlamli, as well as blogger Mehman Huseynov. All were released shortly after.

According to the independent reporter Ulviyya Ali, Nurlan Libre was assaulted in the police car after being detained at the rally. At least three journalists were reported to have sustained minor injuries as a result of police actions: Sevinc Vagifqizi sustained bruises on her arms, while Ramin Deko and Shahla Abbasova also sustained minor injuries. Journalist Tazakhan Miralamli was held at the police station for more than four hours. None of the journalists filed complaints against the police.

More than 80 people were reportedly arrested during the protests in October, including at least eight journalists.

Limitation to media freedom: arrest/detention/interrogation; property damage; physical assault

Source of violation: public/state security;

Links: https://twitter.com/UlviyyaAli/status/1185478151754924032?s=20

https://www.reuters.com/article/us-azerbaijan-opposition-protests/azeri-police-detain-scores-of-protesters-including-opposition-party-leader-idUSKBN1WY0DM

https://www.rferl.org/a/police-arrest-opposition-activists-ahead-of-baku-rally/30225138.html

https://www.meydan.tv/az/article/19-oktyabr-mitinqinde-polisin-hedefine-cevrilen-jurnalistler/?ref=homepage-featured-video

 

Journalist Seymur Hezi arrested ahead of protests

17 October 2019 – Meydan TV journalist Seymur Hezi was arrested while leaving his house in Baku two days before a scheduled protest, Hezi’s wife Nigar told the Committee to Protect Journalists. He was sentenced to 15 days in administrative detention for alleged hooliganism and noncompliance with police orders. Hazi was reportedly intending to cover the protests, which were due to take place on 19 October.

The arrest came less than two months after the journalist was released from prison, where he served 5 years on charges of hooliganism. Hazi was recognized as a prisoner of conscience by Amnesty International. The European Court of Human Rights had ruled that his detention was illegal.

Updates:

29 October 2019 – Azadliq Radio reported that Seymur Hezi was sentenced to an additional 15 days in administrative detention.

17 November 2019 – Azadliq Radio reported that Seymur Hezi was released.

Limitation to media freedom: arrest/detention/interrogation;

Source of violation: court/judicial

Links: https://cpj.org/2019/10/azerbaijani-journalist-seymur-hazi-detained-in-run.php

https://eurasianet.org/azerbaijan-detains-opposition-leader-and-reportedly-many-more

https://www.azadliq.org/a/otuz-gunluk-hebs-muddeti-basha-chatan-seymur-hezi-azadliqda/30275204.html

https://www.azadliq.org/a/mitinqd%C9%99-tutulanlar%C4%B1n-h%C9%99bs-m%C3%BCdd%C9%99ti-niy%C9%99-art%C4%B1r%C4%B1l%C4%B1r-xeberler/30242796.html

https://turkustan.info/2019/10/29/seymur-h%C9%99zinin-h%C9%99bs-mudd%C9%99ti-uzadildi/

http://teref.az/hadise/132289-seymur-hezinin-hebs-muddeti-uzadildi.html

 

Arson attempt on journalist Javid Shiraliyev’s house 

16 October 2019 – Online news site Sozcu.az reported that 7gun.az’s editor, Javid Shiraliyev, was the victim of an attempted arson attack. His house was set on fire in the early hours of 16 October. 7gun.az had previously published a series of stories about corruption in Azerbaijan.

Shiraliyev said that despite the family being at home at the time of the incident, no one was injured. He had reported the incident to the police.

Shiraliyev said he believed that the attack was in retaliation for the series of stories his outlet published about corruption and local governance violations in Masalli administrative district.

Links: https://www.abzas.net/2019/10/jurnalist-yazilarina-gor%c9%99-evinin-yandirilmasina-c%c9%99hd-gost%c9%99rildiyini-deyib/

https://sozcu.az/masallida-jurnalistin-evini-yandirmaq-ist-yibl-r/

Limitation to media freedom: property damage;

Source of violation: unknown[/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:1574783884308-a5185785-918d-4″ taxonomies=”8996″][/vc_column][/vc_row]

Azerbaijan: Press freedom violations September 2019

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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.

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Journalist beaten and then detained while reporting 

Journalist Nurlan Gahramanli was attacked by police and private security staff in September

30 September 2019 – Freelance journalist Nurlan Gahramanli was filming a group of Karabakh war veterans being beaten by the State Oil Company security staff when he was attacked by the police and SOCAR security staff. He was beaten and sustained an injury on his face, before being taken to the police station where he was questioned. He was released later the same day.

In interviews with Meydan TV, the war veterans said that they were attacked by the SOCAR staff over a property which they say they acquired legally. SOCAR, in a statement, said that the building was acquired illegally and requested that the veterans pay a bribe to keep the property.

They say that their staff engaged in no physical violence and that the police were called. Police and the relevant government institutions are investigating.

Links:

https://www.facebook.com/MeydanTelevision/videos/2457266644371148/

https://www.facebook.com/HamamTimes/videos/953324968350052/

Categories: arrest/detention/interrogation; attack to property;

Source of violation: public/state security;

 

Journalist detained outside court room

23 September 2019 – Voice of America’s Azerbaijan correspondent Tapdig Farhadoglu was detained outside the Grave Crimes Investigation Unit building, according to the independent outlet Contact.az.

Farhadolgu was filming protesters outside the building when police abruptly stopped him, confiscated his camera and microphone, and took him to the police station where his phone was also confiscated. He was prevented from contacting his family or his lawyer.

He was released half an hour later, after receiving a warning not to engage in such activities again.

Links: http://www.contact.az/ext/news/2019/9/free/Social/ru/83950.htm

https://criminal.az/jurnalist-tapdiq-ferhadolunu-polisler-saxlayib/

https://www.amerikaninsesi.org/a/amerikan%c4%b1n-s%c9%99sinin-jurnalisti-tapd%c4%b1q-f%c9%99rhado%c4%9flu-aksiya-zaman%c4%b1-polis-t%c9%99zyiqi-il%c9%99-%c3%bczl%c9%99%c5%9fib/5094592.html?utm_source=twitter&utm_medium=social&utm_campaign=dlvr.it

Categories: arrest/detention/interrogation; attack to property;

Source of violation: public/state security;

 

Journalist subject to physical violence

11 September 2019 – Tezehan Miralamli, a journalist with the opposition newspaper Azadliq, was covering a court case against opposition activist and member of Popular Front, Ruslan Amirli, when he was attacked by police officers who tried to push a group of journalists away from the courthouse.

Miralamli fell to the ground and received minor injuries. Azadliq condemned the forceful removal of journalists from the scene, and called for a fair investigation into the actions of the police.

Links: https://www.facebook.com/Gozetciportali/videos/361360401484419/

https://www.amerikaninsesi.org/a/s%C9%99rh%C9%99dsiz-reportyorlar-jurnalistin-fiziki-t%C9%99qibi-informasiya-azadl%C4%B1%C4%9F%C4%B1n%C4%B1n-pozulmas%C4%B1d%C4%B1r/5080562.html

http://toplum.tv/az/jurnalist-mehkemeye-muraciet-edeceyini-deyir/

https://gozetci.az/azadliq-q%c9%99zeti-%c9%99m%c9%99kdasina-zor-t%c9%99tbiq-olundugunu-b%c9%99yan-edib/

Categories: physical assault/injury

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Azerbaijan: Press freedom violations August 2019

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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.

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Court upholds Khadija Ismayilova’s probation period

Journalist Khadija Ismayilova was the subject of both violations this month.

12 August 2019 – Investigative reporter, Khadija Ismayilova’s request for an early end to her probation period was rejected, according to the Turan news agency.

The Binagadi district court refused to satisfy journalist’s request on the grounds the journalist was not fully recovered. 

Ismayilova was released on probation in 2016 after having served a year and a half of her seven and a half year sentence. Her probationary sentence forbids Ismayilova from leaving the country or working. 

Links: https://ifex.org/azerbaijan-khadija-ismayilovas-request-for-early-end-to-her-probation-rejected/

https://www.contact.az/ext/news/2019/8/free/Social/en/83009.htm

https://www.azadliq.org/a/x%C9%99dic%C9%99-ismay%C4%B1l-m%C9%99hkumlu%C4%9Fun-l%C9%99%C4%9Fvini-ist%C9%99yir/30083659.html 

Categories: criminal charges/fines/sentences; subpoena/court order/lawsuit; 

Sources of violation: court/judicial

Court upholds charges of tax evasion against Khadija Ismayilova

7 August 2019 – The Supreme Court of Azerbaijan upheld charges of tax evasion against investigative reporter Khadija Ismayilova, the independent Turan News Agency reported. 

The journalist has been ordered to pay 45,145 Azerbaijani manats to tax authorities, who claim Ismayilova intentionally avoided paying taxes during her time as Bureau chief of Azadliq Radio. 

Ismayilova said she considers the decision unlawful and that now she has exhausted all domestic legal remedies, she will take the case to the European Court of Human Rights. 

Links: https://www.azadliq.org/a/x%C9%99dic%C9%99-ismay%C4%B1l%C4%B1n-m%C9%99hk%C9%99m%C9%99si/30098186.html

https://www.contact.az/ext/news/2019/8/free/Social/en/82962.htm

Categories: criminal charges/fines/sentences; subpoena/court order/lawsuit; 

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