12 April 2016
HM Hamad bin Isa al-Khalifa
King of Bahrain
Riffa Palace
Manama, Bahrain
Dear King Hamad,
We, the undersigned Bahraini and international non-governmental organizations (NGOs), would like to unequivocally condemn your government’s arrest of human rights defender Zainab Al-Khawaja along with her infant son. The implementation of Ms. Al-Khawaja’s prison sentence for merely exercising her right to free expression and assembly amounts to arbitrary detention is wholly unacceptable. While Foreign Minister Sheikh Khaled bin Ahmed Al-Khalifa indicated an intention to release her, she has not yet been freed from prison and we are concerned that these arbitrary charges remain against her. We therefore call on the Government of Bahrain to secure her immediate and unconditional release.
On 14 March 2016, security forces raided the home of Ms. Al-Khawaja’s parents-in-law looking for her. When they did not find her there, they went to her apartment and arrested Ms. Al-Khawaja along with her 15-month-old son, Abdulhadi. After they temporarily detained her and her son at the Al-Hoora police station, the authorities informed Ms. Al-Khawaja that she would be taken for a medical examination at the Ministry of Interior before being transferred to the Isa Town Detention Center to serve out her prison term. From the time of her arrest at 3:45 pm until her midnight arrival at the detention facility, security services denied Ms. Al-Khawaja any food for her son, despite repeated requests. Isa Town Detention Center has recently suffered an outbreak of Hepatitis C which puts both mother and son at risk. The demeaning and dangerous conditions of the detention center where Ms. Al-Khawja and her infant son are kept indicate a gender specific attempt to destabilize and hinder her peaceful human rights advocacy.
Bahraini courts sentenced Ms. Al-Khawaja to a total of three years and one month in prison, as well as a BHD 3,000 fine, on several charges related to her peaceful dissent and free expression. In December 2014, a court sentenced Ms. Al-Khawaja to three years and three months in prison on charges related to allegedly insulting a police officer during a peaceful protest and insulting the king by tearing up a photograph. In October 2015, Bahrain’s appeals court confirmed her conviction for insulting the king but reduced her sentence to one year in prison. Additionally, on 2 February 2016, the appeals court upheld a 9-month prison sentence against Ms. Al-Khawaja after she tried to visit her father, human rights defender Abdulhadi Al-Khawaja, in Jau Prison when he was on a hunger strike in August 2014.
The international community has repeatedly expressed grave concern over your government’s decision to prosecute Ms. Al-Khawaja for exercising her right to free expression and assembly. In 2014, the UN Chair-Rapporteur of the Working Group on Arbitrary Detention and the UN Special Rapporteurs on freedom of opinion and expression, human rights defenders, and freedom of peaceful assembly and of association urged your government to drop all charges against Ms. Al-Khawaja, warning that her detention could be considered arbitrary. A year later, these same Special Procedures issued a joint communication to your government stating that Ms. Al-Khawaja’s sentencing appears to “indicate a prima facie violation of the rights to freedom of opinion and expression and to freedom of association, as set forth in articles 19 and 22 of the ICCPR [International Covenant on Civil and Political Rights].” The United States Government has previously expressed concern over the fairness of Ms. Al-Khawaja’s trial, and – most recently – the Government of Denmark has raised Ms. Al-Khawaja’s case at the 31st session of the Human Rights Council in Geneva, insisting that she and her son be released. Furthermore, Ms. Al-Khawaja’s arrest comes during a session of the UN Committee on the Status of Women, where your government is taking part in discussions on how to protect women rights globally, while targeting women human rights defenders locally.
On 7 April 2016, the Foreign Minister, Sheikh Khaled bin Ahmed Al-Khalifa, stated that the authorities intend to release Ms. Al-Khawaja on humanitarian grounds. Sheikh Khaled provided no timeline for her release and her family has received no further guarantee that the government will release Ms. Al-Khawaja from prison. However, the foreign minister did indicate that the government will not drop any of the charges against Ms. Al-Khawaja, leaving her vulnerable to her re-arrest at any time.
We would like to join this growing chorus of international voices in calling for the immediate and unconditional release of Zainab Al-Khawaja and her infant son. The broad criminalization of peaceful dissent and free expression in Bahrain, as well as the government’s continued harassment and detention of human rights defenders, contravenes your obligations under international law, and is wholly unacceptable.
Sincerely,
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arab Center for the Promotion of Human Rights (ACPHR)
Association for Women’s Rights in Development (AWID)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Canadian Journalists for Free Expression (CJFE)
Cartoonists Rights Network International
CIVICUS World Alliance for Citizen Participation
Electronic Frontier Foundation (EFF)
European-Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
Freedom Forum
Gulf Centre for Human Rights (GCHR)
Human Rights Network for Journalists – Uganda
Human Rights Sentinel
Index on Censorship
Institute for the Studies on the Free Flow of Information (ISAI)
Institute of the Press and Freedom of Expression (IPLEX)
International Federation for Human Rights (FIDH)
International Federation of Journalists (IFJ) Asia Pacific
Justice Human Rights Organization (JHRO)
Khiam Rehabilitation Center for Victims of Torture
Lawyers Rights Watch Canada (LRWC)
Maharat Foundation-Lebanon
MARCH
National Union of Somali Journalists (NUSOJ)
Nazra for Feminist Studies (Egypt)
Observatorio Latinoamericano para la Libertad de Expresión (OLA)
Pacific Islands News Association
Pakistan Press Foundation (PFF)
PEN America
PEN Canada
Saudi Organization for Rights and Freedoms
Salam for Democracy and Human Rights
Social Media Exchange (SMEX)
Vigilance for Democracy and the Civic State
World Association of Newspapers and News Publishers
Italy might soon introduce fines against vexatious defamation lawsuits against journalists, as part of a large-scale reform being discussed by the parliament.
On 10 March, the chamber of deputies passed a set of recommendations to reform civil proceedings, which would include penalties to discourage the use of libel suits to intimidate journalists.
The recommendations, called delegation to the government with instructions on the efficiency of civil proceeding and sponsored by ministry of justice Andrea Orlando (Democratic Party) and vice-president of the justice committee Franco Vazio, of the same party, would punish plaintiffs who are proved to be in mala fides, i.e. knowing their claims to be false, by making them reimburse journalists an amount between two and five times the trial’s expenses.
The recommendations are what Italian law calls a “delegated law”. With them, the parliament delegates the government to legislate in its place – but only following a set of restrictions and recommendations, which are what the chamber of deputies approved on 10 March.
Before the government turns them into law, the recommendations now need to be approved by the Italian senate, which has not yet released a timeline for debating the recommendations.
If the senate approves the recommendations, the government will have an 18-month window to enforce them. However, according to Italian law, no individual minister is in charge of the measure, and there won’t be a backlash against the government if it fails to take action.
Nevertheless, president of the National Federation of Italian Press Giuseppe Giulietti has expressed satisfaction about the recommendations, saying in a statement it is a “relevant first step in the right direction”.
Alberto Spampinato, director of Ossigeno per l’Informazione, an Italian organisation that monitors threats to journalists, also thinks that although the measures aren’t a major step forward, they are a good start.
“The fines would drive down the number of vexatious defamation lawsuits brought against journalists,” Spampinato told Index.
According to data by Ossigeno, defamation lawsuits have become the most used tool to silence journalists in the country.
Journalists have no access to insurance schemes to cover defamation trials expenses in Italy, and only 10% of them can rely on their organisations to cover the costs, making it hard for journalists to afford to be sued for libel.
Ossigeno argues that even the threat of legal action has a chilling effect on the media.
According to Spampinato, an older law had already established fines for these cases. However, as it failed to specify the amount of the fines, judges have been unable to impose any at all.
“It’s important that the parliament has begun to address the issue,” he says.
The vote came just after the chamber of deputies ratified a parliamentary report on the protection of journalists on 3 March.
The report recommends differentiating between malicious falsehood and defamation, and to make it “a criminal offence to punish any threat, pressure, and violent or damaging behaviour to limit the press’s freedom”.
Ossigeno’s Spampinato says both would be important measures.
“Just like when a patient dies, we don’t always blame the surgeon for it, we must be able to distinguish between a journalist’s mistakes and the cases in which he disseminates falsehood intentionally,” he said.
He also agreed with the report that in most cases it should be a criminal offence to limit press freedom. He argued that the right to be informed is the only fundamental human right not protected by criminal law – not just in Italy but also in other European countries.
The report was approved by the chamber unanimously but isn’t a binding resolution.
However, Ossigeno thinks it is an important milestone, calling it a “historic vote” on its website.
“The vote on the committee’s report paves the way for other proposals,” explained Spampinato. “MPs will introduce new measures to protect journalists.”
The 17 March 2016 cover of Informer featured a photograph of Stevan Dojcinovic, editor-in-chief of the Crime and Corruption Reporting Network (KRIK), with accusations that he was part of a “mafia” trying to bring down the Serbian government.
The front page of Serbian tabloid Informer stands out from the other newspapers displayed at Belgrade’s countless cigarette kiosks. Its red and yellow coloured headlines scream in block capitals at everyone who passes by.
It is the word “Mafija” that attracts most attention on the morning of 17 March 2016. It’s printed on the front page, as is a blurry photo of a journalist. The journalist, Stevan Dojcinovic, is editor-in-chief at Crime and Corruption Reporting Network (KRIK). The headline translates: “Mafia is planning attack on family Vucic.” According to Informer, Dojcinovic and his colleagues at KRIK are the mafia and want to bring down the government of Serbian Prime Minister Aleksandar Vucic.
Psychological attacks on KRIK by the tabloid have happened so often that this was hardly surprising. KRIK has become well known throughout Serbia, not because of its investigative reporting, but because of the attention from Informer.
Informer was founded in 2012 and its editorial coverage has been called “pro-regime oriented” by Konrad-Adenauer-Stiftung, a German political foundation. The paper’s editor-in-chief, Dragan Vucicevic, is said to be a close friend of the prime minister’s.
Since its launch in July 2015, KRIK has published a series of revealing stories about corruption and misuse of office by several high-profile government officials. And ever since, KRIK has been targeted by Informer: KRIK journalists have been called foreign spies trying to bring down the government; they have been accused of spreading lies; they have been personally discredited on Informer’s front pages.
Exposing Mali, who is a political ally of Vucic’s, soon sparked a new round of allegations by Informer.
Early November 2015 Informer claimed that KRIK, as well as two other independent media organisations BIRN and CINS, were given foreign grants for publications of “false affairs against people close to the government”. Informer’s Vucicevic said on national broadcaster TV Pink, in a special 4-hour-long programme called “Bringing down Vucic”, that the media organisations were planning a step-by-step plot to bring down the government.
Serbia’s journalist unions condemned what they called a smear or lynch campaign. The chairman of the Independent Journalists Association of Serbia (NUNS), Vukasin Obradovic, said that Informer created “an atmosphere of fear and lynching in the society, which may have serious consequences for the personal safety of the journalists involved”.
But the investigative journalists from KRIK were not scared off. They were, in fact, working on their next investigation into another government official: the minister of health, Zdravko Loncar.
KRIK found out that Loncar had been involved with Serbia’s most notorious criminal gang known as the “Zemun clan” when he was still an unknown doctor working at an emergency ward back in 2002. He allegedly had received a free apartment as a reward for “finishing off” a severely wounded gang member by “injecting him with a fatal cocktail”.
KRIK published the full story on February 22. A day later Dojcinovic’s photo was featured on the Informer’s front page again. The article stated that KRIK’s editor-in-chief was “launching false scandals” and was “intentionally creating chaos in the country”. Health minister Loncar was invited to talk on TV Pink, where he did not respond to the allegations but instead accused KRIK of not paying taxes.
Up to that point KRIK had investigated cases of corruption involving high-profile state officials in Vucic’s inner circle. But what everybody was waiting for was an investigation into Vucic himself.
Then came March 18 2016. Informer once again published a photo of KRIK’s Dojcinovic on its front page. But this time it was different.
The tabloid revealed a story KRIK had not yet published about Vucic’s large real estate assets in Belgrade, which he is supposedly hiding under the names of family members.
Informer exposed details of an investigation by KRIK that they could not have obtained in an ordinary manner. According to KRIK, the Informer appears to have relied on information that could only have been gathered through secret service surveillance techniques including physically following journalists and phone tapping.
“For about a year Informer has been attacking us regularly,” Dojcinovic told Index on Censorship. “This is the first time we are being attacked before we even publish the story. Now they are using information from state intelligence agency to discredit us. I don’t care about a smear campaign, they can’t destroy my credibility with a smear campaign. But now the state is after us.”
Currently KRIK is still working on finishing their newest investigation, which is indeed about Vucic’s real estate assets. But meanwhile Dojcinovic fears for the fate of his sources.
“We’ve now seen that they know exactly who we are meeting with. There is pressure on our sources, most of them work in state institutions. Some have already been fired,” Dojcinovic said.
In the late 1980s, US author and activist Mary Elizabeth “Tipper” Gore claimed, in an interview with the Los Angeles Times, that she was not a “raunchy, inflexible prude”. Rappers and hair-metal rockers in the same era may have felt otherwise. What’s more, they may not have utilised such wholesome language.
Gore, then the wife of politician and future vice-president Al Gore, helped found the Parents Music Resource Center in April 1985, with the goal of increasing parental control over children’s access to music deemed too violent, sexual or even loud. Some of PMRC’s suggestions on how to purify the airwaves included developing a rating system, forcing record stores to hide albums with explicit covers under the counters, and pressuring television stations into censoring performances.
Such an act of censorship received aggressive retaliation by musicians, including Frank Zappa, John Denver and Dee Snider of Twisted Sister.
On the anniversary of the creation of the PMRC, here are five tracks so foul in the group’s eyes they were included in the “Fifteen Filthy” list from a hearing in 1985.
Twisted Sister – We’re Not Gonna Take It Lyrical content: Violence
Prince – Darling Nikki Lyrical content: Sex/Masturbation
Cyndi Lauper – She Bop Lyrical content: Sex/Masturbation
Judas Priest – Eat Me Alive Lyrical content: Sex
Black Sabbath – Trashed Lyrical content: Drug and alcohol use
Index on Censorship has teamed up with the producers of an award-winning documentary about Mali’s musicians, They Will Have To Kill Us First, to create the Music in Exile Fund to support musicians facing censorship globally. You can donate here, or give £10 by texting “BAND61 £10” to 70070.
