07 Nov 18 | Burma, Campaigns -- Featured, Statements
At the recent World Economic Conference in Hanoi, Viet Nam, Aung San Suu Kyi defended the 3 September conviction and sentencing of Reuters reporters Wa Lone and Kyaw Soe Oo and invited anyone who believes in the rule of law to point out why the judgment was problematic. 52 IFEX members and other groups have taken her up on this invitation.
Aung San Suu Kyi
State Counselor
Naypyidaw
Myanmar
Your Excellency,
Recently, at the World Economic Conference in Hanoi, Viet Nam, you defended the September 3 conviction and sentencing of Reuters reporters Wa Lone and Kyaw Soe Oo for violating the Official Secrets Act, and invited anyone who believes in the rule of law to point out why the judgment was problematic. As a concerned group of more than 50 human rights and free expression organizations from around the world, we would like to take this opportunity to respond to your invitation and to call for Wa Lone and Kyaw Soe Oo’s immediate and unconditional release.
First and foremost, contrary to your comments, the case is a clear attempt to restrict freedom of expression and independent journalism in Myanmar. Wa Lone and Kyaw Soe Oo were arrested on December 12, 2017, in the course of doing their job as professional journalists: investigating military operations in northern Rakhine State. Specifically, the two men were investigating a massacre that took place in the village of Inn Din, during which 10 Rohingya men and boys were summarily executed by the security forces—a crime which the military later admitted to. This investigation—which came at a time when the Myanmar military and the civilian-led government rejected mounting reports of human rights violations in northern Rakhine State—was clearly in the public interest, and still is.
The law that was then used to prosecute them—the colonial-era Official Secrets Act—is one of a number of repressive laws that have been used to prosecute journalists and stymie media freedom. The Act is broadly worded, and grants wide powers to the government to determine what classifies as a “secret”—indeed, the entire Act goes well beyond the restrictions on the right to freedom of expression which are permitted under international human rights law on the grounds of national security.
Even within the terms of the Act itself, for a conviction under Section 3.1 (c), evidence should demonstrate that the accused had in their possession secret documents that “might be or is intended to be, directly or indirectly, useful to an enemy.” However, evidence and testimony presented during the pre-trial and trial hearings failed to demonstrate this was the case and instead established the following facts:
• The documents Wa Lone and Kyaw Soe Oo are accused of possessing are not secret, but contain information already in the public domain;
• There is no evidence of intent to turn documents over to an enemy or to harm the country;
• Police testimony regarding the circumstances of their arrest was contradictory;
• Moreover, a police whistleblower credibly testified that the two journalists had been framed: namely, that police were ordered by their superiors to invite Wa Lone to a meeting so he could be handed documents and then immediately arrested;
• Wa Lone and Kyaw Soe Oo were subject to ill-treatment after their initial arrest, including incommunicado detention for two weeks, hooding, and sleep deprivation.
In summary, we believe that that Wa Lone and Kyaw Soe Oo should never have been arrested in the first place, let alone prosecuted, convicted and imprisoned. Their trial, which was already manifestly unfair, was made more so by the repeated failure to uphold key tenets of the rule of law and to build a convincing evidence-based case against these journalists.
We therefore call on the Myanmar authorities to immediately and unconditionally release these two men, and reject the convictions against them. We further urge your government to work towards the swift review and amendment of all laws that can be used to unlawfully restrict the right to freedom of expression, so as to bring them into line with international human rights law and standards.
Yours respectfully,
PEN America
Adil Soz – International Foundation for Protection of Freedom of Speech
Afghanistan Journalists Center (AFJC)
Africa Freedom of Information Centre (AFIC)
Albanian Media Institute
Americans for Democracy & Human Rights in Bahrain (ADHRB)
ARTICLE 19
Association for Freedom of Thought and Expression (AFTE)
Bytes for All (B4A)
Cambodian Center for Human Rights (CCHR)
Cartoonists Rights Network International (CRNI)
Center for Media Freedom and Responsibility (CMFR)
Centre for Independent Journalism (CIJ)
Committee to Protect Journalists (CPJ)
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Globe International Center
Human Rights Watch (HRW)
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Mediacentar Sarajevo
Media, Entertainment and Arts Alliance
Media Foundation for West Africa (MFWA)
Media Institute of Southern Africa (MISA)
Media Rights Agenda (MRA)
Mizzima News
Norwegian PEN
OpenMedia
Pakistan Press Foundation
PEN Canada
Reporters Without Borders (RSF)
Southeast Asian Press Alliance (SEAPA)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
World Association of Newspapers and News Publishers
Amnesty International
Athan – Freedom of Expression Activist Organization
Burma Campaign UK
Civil Rights Defenders
CSW
English PEN
Equality Myanmar
Free Expression Myanmar
Myanmar Media Lawyers’ Network
Norwegian Myanmar Committee
PEN Myanmar
Society for Threatened Peoples – Germany
South East Asian Journalist Unions (SEAJU)
The Swedish Burma Committee
26 Jul 18 | Campaigns -- Featured, Egypt, Middle East and North Africa, Statements
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Screenshot from Mona el-Mazbouh’s apology video.
The below signatories express grave concern for the status of free speech and expression in Egypt. The authorities continue to openly silence anyone who is critical of the Egyptian government and of the state of affairs in Egypt. The arrest of Lebanese tourist Mona el-Mazbouh last month is yet another episode in President Abdel Fattah al-Sisi’s continued crackdown on rights and freedoms. We call for the immediate and unconditional release of Mona el-Mazbouh, who was sentenced to eight years in prison earlier this month.
Background
Lebanese Mona el-Mazbouh, 24, posted a 10-minute video to her Facebook account in May after she was allegedly sexually harassed, a lived reality that is experienced on a daily basis by most women in Egypt. The video included profanity against Egypt and Egyptians. Mona was stopped and arrested on 31 May at Cairo airport before leaving Egypt, after her video went viral on social media. Egyptian lawyer Amr Abdelsalam had filed a report against her with the general prosecution, accusing her of insulting the Egyptian people and the president. Abdelsalam has asked that she be added to the scores of Egyptians barred from leaving the country while her case remains open and until her sentence is completed, and to later permanently prevent her from entering the country.
The Egyptian attorney general ordered the immediate referral of Mona to an expedited criminal trial on 3 June for insulting the Egyptian people on social media. The prosecution accused Mona of “spreading false rumours that aim to harm society and defame religions, as well as creating inappropriate content and displaying it through her Facebook page”.
A Cairo misdemeanours court sentenced Mona to eight years in prison on 7 July for publishing a video with indecent content, defaming religion, insulting the Egyptian people and insulting the president. She was also fined EGP10,700 (around $598 USD).
Draconian laws that curtail free expression in Egypt
Accusations such as insulting the Egyptian people or the president are a serious transgression of the right to freedom of expression, which is guaranteed and protected by the Egyptian constitution and international human rights law. Over the past two years, there have been rapid and disturbing developments concerning the closure of physical and digital public spaces in Egypt, and an increased surveillance of social media and digital content.
A few weeks before Mona’s arrest, on 11 May, Egyptian activist Amal Fathy was arrested two days after she posted a video on Facebook condemning sexual harassment and disapproving of the government’s negligence on the issue. Fathy was charged with “disseminating a video on social media to publicly incite overthrowing the government”, “publishing a video that includes false news that could harm public peace”, and “misusing telecommunication tools”.
In addition, the Egyptian government continues to draft and approve laws that significantly curtail freedom of expression online, while heightening surveillance and censorship of social media users. On 5 June, Parliament approved the final draft of the new Cybercrime Law, titled “the Law on Combating Cybercrimes” that legalises broad censorship of the internet and facilitates comprehensive surveillance of communications.
Most recently, Parliament also approved a final reading a bill allowing authorities to monitor social media users and combat “fake news”, whereby individuals whose social media accounts have more than 5,000 followers could be placed under the supervision of Egypt’s Supreme Council for Media Regulations.
These developments reinforce the troubling and ongoing trend in Egypt of silencing public discourse and shrinking civic space that has now led to Mona’s arrest and detention.
Urgent action required
Before her arrest, Mona published a second video addressing the public response she received for the first. In her second video, Mona apologised for the content of the first, and clarified that she was not making a political statement and did not mention the Egyptian President at all in her initial video.
She was initially sentenced to 11 years in prison, however, her sentence was reduced to eight years after her lawyer provided the court with evidence that she “underwent a surgery in 2006 to remove a blood clot from her brain, which has impaired her ability to control anger”. Mona awaits her appeal date set for 29 July.
The below signatories believe that Mona el-Mazbouh’s arrest is a violation of her basic rights and freedoms, and connotes an even bigger threat to the general state of free expression in Egypt. We demand the immediate and unconditional release of Mona el-Mazbouh, and request that all charges be dropped allowing Mona to leave and enter Egypt freely.
Signed,
Association for Freedom of Thought and Expression (AFTE)
7amleh – Arab Center for the Advancement of Social Media
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Article 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies (CIHRS)
Cartoonists Rights Network International (CRNI)
Electronic Frontier Foundation (EFF)
Freedom Forum
Human Rights Network for Journalists – Uganda (HRNJ-Uganda)
I’lam Arab Center for Media Freedom Development and Research
Independent Journalism Center (IJC)
Index on Censorship
Maharat Foundation
March
Mediacentar Sarajevo
Media Institute of Southern Africa (MISA)
Pacific Islands News Association (PINA)
Pen American Center
Pen Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
Visualizing Impact (VI)[/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:1532684122469-2df2f596-084e-2″ taxonomies=”147″][/vc_column][/vc_row]
20 Jun 18 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
[vc_row][vc_column][vc_column_text]We the undersigned call on Bahraini authorities to drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman, Secretary-General of Bahrain’s largest political opposition society, al-Wefaq National Islamic Society, who has been serving a four-year prison sentence for charges in response to political speeches he delivered in 2014, and who is now facing a potential death sentence in a groundless new trial on politically motivated charges.
Since his incarceration in 2014, several international bodies have spoken out against the imprisonment of Sheikh Ali Salman. On 30 December 2014, the UN High Commissioner for Human Rights (OHCHR) spokesperson urged Bahrain to immediately release Sheikh Ali Salman as well as all other persons convicted or detained for “merely exercising their fundamental rights to freedom of expression and assembly.” In addition, the European Union expressed concern about the sentence issued against Sheikh Ali Salman, and the United States Ambassador to the United Nations called the sentence against Sheikh Ali Salman a blow to freedom of expression.
However, despite the growing concern over the silencing of Sheikh Ali Salman and the subsequent 2017 dissolution of the political opposition society al-Wefaq, Bahraini authorities announced on 27 November 2017 the start of a new trial against him on charges of spying for Qatar.
The latest trial against Sheikh Ali Salman reinforces the closing of democratic space in the country; as the 2018 elections for Bahrain’s lower house of parliament approach, the government has forcibly dissolved Wa’ad, the largest secular leftist society, and indefinitely suspended Bahrain’s only independent newspaper Al-Wasat, in addition to upholding its arbitrary decision in 2017 to dissolve the political opposition society al-Wefaq.
On 24 April 2018, the High Criminal Court adjourned the new trial against Sheikh Ali Salman until 21 June, when it is expected to issue a verdict in the case. The Public Prosecution Office has called on the High Criminal Court to hand down the “maximum penalty” – which in this case could be a death sentence.
NGOs have decried this use of the judiciary to punish opposition activists for publicly expressing views that oppose the Bahraini government. The trial is in violation of Sheikh Ali Salman’s rights to liberty, fair trial, free expression, and free association.
We, the undersigned, call on Bahraini authorities to:
1. Drop all charges and ensure the immediate and unconditional release of Sheikh Ali Salman and the cancellation of the sentence issued against him in the previous case;
2. Stop prosecution of political dissidents and human rights activists for reasons related to freedom of expression;
3. Stop the arbitrary use of domestic legislation, including some articles of the Penal Code and the Law on the Protection of Society from Terrorist Acts, to criminalize the peaceful practice of freedom of opinion and expression;
4. Release all detainees who have been arrested for reasons related to exercising their fundamental rights to expression, organisation and peaceful assembly guaranteed by international laws.
Signed,
Bahrain Center for Human Rights
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arabic Network for Human Rights Information (ANHRI)
Bytes for All (B4A)
Cartoonists Rights Network International (CRNI)
Center for Media Studies & Peace Building (CEMESP)
Freedom Forum
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Maharat Foundation
MARCH
Media Institute of Southern Africa (MISA)
Media Watch
National Union of Somali Journalists (NUSOJ)
Norwegian PEN
Pakistan Press Foundation
PEN American Center
PEN Canada
Social Media Exchange (SMEX)
South East Europe Media Organisation
Vigilance for Democracy and the Civic State
World Association of Community Radio Broadcasters (AMARC)
Bahrain Interfaith
Danish Pen
Global Human Rights Geneva
MENA Monitoring Group
No Peace Without Justice
Salam for Democracy and Human Rights
Vivarta Limited[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.
Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter, our monthly events email and periodic updates about our activities defending free speech. We won’t share, sell or transfer your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1529484624151-5c87189d-f27a-5″ taxonomies=”6534″][/vc_column][/vc_row]
12 May 17 | Asia and Pacific, Campaigns -- Featured, Maldives, Statements
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Yameen Rasheed’s family submit a petition to Maldives Police Services to investigate his murder.
Your Excellency,
The undersigned civil society organisations write to you to condemn in the strongest terms the murder of internationally recognised Maldivian blogger Yameen Rasheed. We call on the government to take all necessary measures to ensure that the perpetrators of this heinous crime are brought to justice and to end the cycle of impunity for attacks on journalists, bloggers, and human rights defenders that has taken root in the Maldives.
Yameen Rasheed was an impassioned critic who reported on issues related to corruption, radicalism, and impunity, mainly through his popular blog The Daily Panic. In 2015, IFEX helped to support Yameen to speak out on these issues at the UN Human Rights Council in Geneva. His witty and relentless condemnation of systemic injustice earned him praise but also drew the attention of religious extremists and government officials who felt threatened by his social and political commentary.
Yameen Rasheed had reported numerous death threats before his attack. The police refused to act on any of his complaints. Reports since his killing suggest that the crime scene had been tampered with before a thorough review of evidence could be carried out. Furthermore, the family of Yameen Rasheed has reported harassment by local police who sought to prevent them from making public calls for justice for the death of their son. Such troubling reports raise doubts about the authorities’ commitment to ensure that a proper investigation takes place.
Yameen’s case is emblematic of the growing intolerance for ideas and opinions that challenge the role of religion in society throughout South Asia. Similar to countries like Pakistan and Bangladesh, in the Maldives, harassment of individuals that promote moderate or secular views has been common, and is justified by both militant criminal groups and sympathetic politicians on the grounds that these ideas are “un-Islamic.”
Yameen is one of three recent high-profile cases of attacks on media personnel in the Maldives over the past five years. In 2012 Ismail Rasheed, a freelance journalist and human rights campaigner, barely survived after having his throat slit near his home in the Maldivian capital, Malé. In 2014, Ahmed Rilwan, journalist for Minivan News, was abducted from his office and remains missing to this day. Rilwan was a close friend of Yameen’s, and much of Yameen’s work was focused on finding justice for Rilwan’s abduction. In all cases there has been a lack of adequate police investigation and response.
There are further causes for concern in the broader Maldivian free expression environment. The country ranks 117th out of 180 countries in Reporters Without Borders’ 2017 Press Freedom Index, due in large part because of restrictive laws such as the 2016 “Protection of Reputation and Good Name and Freedom of Expression Bill”, which criminalises defamation based on an overly broad definition of the offence. Public threats have frequently been issued against independent media by politicians, criminal gangs and religious extremists and have helped to create a climate of hostility that has led to self-censorship. Imprisonment of journalists and activists is also a common tactic used to silence critical voices.
Yameen Rasheed’s death should serve as a strong indicator of the need for immediate steps to protect space for dissent and debate in the Maldives, space that is threatened by draconian laws and impunity for attacks committed against individuals expressing controversial or adversarial opinions. As such, we call on the government to take the following measures:
• Ensure that a timely, thorough, and transparent investigation into the killing of Yameen Rasheed takes place and all perpetrators of this crime against freedom of expression are brought to justice. Similar action should be taken in the cases of Ismail Rasheed and Ahmed Rilwan;
• Investigate and hold accountable all those who make threats or incite violence against journalists, bloggers, and human rights defenders, as well as against the family of Yameen Rasheed;
• Amend or repeal laws that create disproportionate and unnecessary limits to legitimate expression, according to standards specified in Article 19 of the International Covenant on Civil and Political Rights, ratified by the Maldives in 2006;
• Implement legislation and other measures to create a safe and enabling environment for journalists and human rights defenders, according to relevant recommendations accepted by the Maldives during its 2nd cycle Universal Periodic Review (UPR);
• Improve independence of the judiciary and build technical capacity of the police force through international assistance and other reforms, as agreed to by the Maldives during its 2nd cycle UPR.
Signed,
Bytes for All
Adil Soz – International Foundation for Protection of Freedom of Speech
Afghanistan Journalists Center
ARTICLE 19
Association for Media Development in South Sudan
Bahrain Center for Human Rights
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Media Freedom and Responsibility
Committee to Protect Journalists
Foundation for Press Freedom – FLIP
Freedom Forum
Free Media Movement
Global Voices Advox
Globe International Center
Human Rights Network for Journalists – Uganda
Index on Censorship
Institute of Mass Information
International Federation of Journalists
International Press Centre
International Publishers Association
MARCH
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Reporters Without Borders
Vigilance pour la Démocratie et l’État Civique
Asian Forum for Human Rights and Development
Awaz Foundation Pakistan, Centre for Development Services
Banglar Manabadhikar Suraksha Mancha
Bangladesh Manobadhikar Sangbadik Forum
Center for Social Activism
Center for Media Research – Nepal
Commonwealth Human Rights Initiative
FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Free Press Unlimited
Maldivian Democracy Network
Peoples’ Vigilance Committee on Human Rights
People’s Watch India
Pakistan NGOs Forum
Programme Against Custodial Torture and Impunity
South Asian Women in Media – Sri Lanka
South India Cell for Human Rights Education and Monitoring
World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders[/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:1494603115837-be75a009-7c8a-9″ taxonomies=”9143, 4002, 8875, 9028″][/vc_column][/vc_row]
