06 Aug 21 | Canada, Eritrea, Hong Kong, Netherlands, News and features, Philippines, Syria, Volume 50.02 Summer 2021, Volume 50.02 Summer 2021 Extras
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The number of journalists killed while doing their work rose in 2020. It’s no wonder, then, that a team of internationally acclaimed lawyers are advising governments to introduce emergency visas for reporters who have to flee for their lives when work becomes too dangerous.
The High Level Panel of Legal Experts on Media Freedom, a group of lawyers led by Amal Clooney and former president of the UK Supreme Court Lord Neuberger, has called for these visas to be made available quickly. The panel advises a coalition of 47 countries on how to prevent the erosion of media freedom, and how to hold to account those who harm journalists.
At the launch of the panel’s report, Clooney said the current options open to journalists in danger were “almost without exception too lengthy to provide real protection”. She added: “I would describe the bottom line as too few countries offer ‘humanitarian’ visas that could apply to journalists in danger as a result of their work.”
The report that includes these recommendations was written by barrister Can Yeğinsu. It has been formally endorsed by the UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Inter-American Commission on Human Rights special rapporteur for freedom of expression, and the International Bar Association’s Human Rights Institute.
As highlighted by the recent release of an International Federation of Journalists report showing 65 journalists and media workers were killed in 2020 – up 17 from 2019 – and 200 were jailed for their work, the issue is incredibly urgent.
Index has spoken to journalists who know what it is like to work in dangerous situations about why emergency visas are vital, and to the lawyer leading the charge to create them.
Syrian journalist Zaina Erhaim, who has worked for the BBC Arabic Service, has reported on her country’s civil war. She believes part of the problem for journalists forced to flee because of their work is that many immigration systems are not set up to be reactive to those kinds of situations, “because the procedures for visas and immigration is so strict, and so slow and bureaucratic”.
Erhaim, who grew up in Idlib in Syria’s north-west, went on to report from rebel-held areas during the civil war, and she also trained citizen journalists.
The journalist, who won an Index award in 2016, has been threatened with death and harassed online. She moved to Turkey for her own safety and has spoken about not feeling safe to report on Syria at times, even from overseas, because of the threats.
She believes that until emergency visas are available quickly to those in urgent need, things will not change. “Until someone is finally able to act, journalists will either be in hiding, scared, assassinated or already imprisoned,” she said.
“Many journalists don’t even need to emigrate when they’re being targeted or feel threatened. Some just need some peace for three or four months to put their mind together, and think what they’ve been through and decide whether they should come back or find another solution.”
Erhaim, who currently lives in the UK, said it was also important to think about journalists’ families.
Eritrean journalist Abraham Zere is living in exile in the USA after fleeing his country. He feels the visa proposal would offer journalists in challenging political situations some sense of hope. “It’s so very important for local journalists to [be able to] flee their country from repressive regimes.”
Eritrea is regularly labelled the worst country in the world for journalists, taking bottom position in RSF’s World Press Freedom Index 2021, below North Korea. The RSF report highlights that 11 journalists are currently imprisoned in Eritrea without access to lawyers.
Zere said: “Until I left the country, for the last three years I was always prepared to be arrested. As a result of that constant fear, I abandoned writing. But if I were able to secure such a visa, I would have some sense of security.”
Ryan Ho Kilpatrick is a journalist formerly based in Hong Kong who has recently moved to Taiwan. He has worked as an editor for the Hong Kong Free Press, as well as for the South China Morning Post, Time and The Wall Street Journal.
“I wasn’t facing any immediate threats of violence, harassment, that sort of thing, [but] the environment for the journalists in Hong Kong was becoming a lot darker and a lot more dire, and [it was] a lot more difficult to operate there,” he said.
He added that although his need to move wasn’t because of threats, it had illustrated how difficult a relocation like that could be. “I tried applying from Hong Kong. I couldn’t get a visa there. I then had to go halfway around the world to Canada to apply for a completely different visa there to get to Taiwan.”
He feels the panel’s recommendation is much needed. “Obviously, journalists around the world are facing politically motivated harassment or prosecution, or even violence or death. And [with] the framework as it is now, journalists don’t really fit very neatly in it.”
As far as the current situation for journalists in Hong Kong is concerned, he said: “It became a lot more dangerous reporting on protests in Hong Kong. It’s immediate physical threats and facing tear gas, police and street clashes every day. The introduction of the national security law last year has made reporting a lot more difficult. Virtually overnight, sources are reluctant to speak to you, even previously very vocal people, activists and lawyers.”
In the few months since the panel launched its report and recommendations, no country has announced it will lead the way by offering emergency visas, but there are some promising signs from the likes of Canada, Germany and the Netherlands. [The Dutch House of Representatives passed a vote on facilitating the issuance of emergency visas for journalists at the end of June.]
Report author Yeğinsu, who is part of the international legal team representing Rappler journalist Maria Ressa in the Philippines, is positive about the response, and believes that the new US president Joe Biden is giving global leadership on this issue. He said: “It is always the few that need to lead. It’ll be interesting to see who does that.”
However, he pointed out that journalists have become less safe in the months since the report’s publication, with governments introducing laws during the pandemic that are being used aggressively against journalists.
Yeğinsu said the “recommendations are geared to really respond to instances where there’s a safety issue… so where the journalist is just looking for safe refuge”. This could cover a few options, such as a temporary stay or respite before a journalist returns home.
The report puts into context how these emergency visas could be incorporated into immigration systems such as those in the USA, Canada, the EU and the UK, at low cost and without the need for massive changes.
One encouraging sign came when former Canadian attorney-general Irwin Cotler said that “the Canadian government welcomes this report and is acting upon it”, while the UK foreign minister Lord Ahmad said his government “will take this particular report very seriously”. If they do not, the number of journalists killed and jailed while doing their jobs is likely to rise.
[This week, 20 UK media organisations issued an open letter calling for emergency visas for reporters in Afghanistan who have been targeted by the Taliban. Ruchi Kumar recently wrote for Index about the threats against journalists in Afghanistan from the Taliban.] [/vc_column_text][/vc_column][/vc_row]
16 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]Nine days after he was shot multiple times, Dutch crime reporter Peter R de Vries has died of the injuries he sustained, his family announced on Thursday afternoon. Peter will be remembered not only for his investigations and stories, but also for the way he stood in solidarity with crime victims, deeply motivated to help them find justice. It is widely believed that his decision to act as the confidant of a crown witness in a big organised crime trial was the reason for his murder.
Reactions to De Vries’s death have started to pour in. RTL, the station that broadcasts the daily news show RTL Boulevard, in which De Vries had appeared on the day he was attacked, said: “Peter’s influence remains stronger than any act of hate can ever be. We will continue to speak freely about wrongs and injustice in society, like he did his whole life.” The Dutch Association of Editors-in-Chief said: “Peter R de Vries was an icon of Dutch journalism and an incredible support for many people. It is intensly sad that he is no longer among us. With Peter, we lost an tireless and courageous fighter for justice.”
Many victims of crimes he investigated and solved expressed their sadness over De Vries’ death.
The crime beat
De Vries started his career in 1978 as a trainee-journalist at De Telegraaf, the biggest newspaper in the Netherlands. He started using the R of his second name Rudolf to distinguish himself from a colleague with the same name. Crime journalism wasn’t really a beat yet, but he took it up and soon published his first story about a murder.
He became more famous in 1983, when he reported about the kidnapping of beer magnate Freddy Heineken. The book he published about the kidnapping a few years later remained the bestselling true crime book in the Netherlands for years.
He left the paper within a year to become the editor-in-chief of the weekly Aktueel, which he soon turned into a crime magazine. After that, he switched to TV, although he always continued to write as well.
In the early 1990s, he went freelance and started the weekly TV show ‘Peter R de Vries, crime journalist’. An episode in 2008 brought international fame: he used an undercover reporter to trigger Joran van der Sloot, a suspect in the disappearance of US teenager Natalee Holloway on the Caribbean island of Aruba, into confessing. He won an Emmy Award for it.
Another one of De Vries’s investigations revealed one of the biggest errors of judgement in Dutch judicial history: two brothers were convicted of murder, but De Vries’ investigations lead to a re-trial and acquittal, after which the real murderer could be apprehended.
Apart from his investigation into the Heineken kidnapping, De Vries was not known for reporting organised crime. He mostly focused on cold cases, deceit and scams, standing beside the victims and often confronting perpetrators in front of the camera. Him being there carrying out his own investigations with a thorough knowledge of both the criminal world and the justice system became a fact of life for both police and prosecutors, who were relentlessly held to account by De Vries as well.
Looking in the mirror
Soon after the attack on De Vries’s life last week, two suspects were arrested: a 21-year old man from Rotterdam and a 35-year old man from Poland. Although the police investigation into the murder continues, it is assumed that they were hired by suspects in the so-called Marengo case, which revolves around an extensive, exceptionally violent drugs gang, lead by Redouan Taghi, who was arrested in 2019. Peter R de Vries was the confidant of the Crown witness in the case, Nabil B.
In an interview with monthly magazine Vrij Nederland, De Vries explained: “I couldn’t have looked at myself in the mirror anymore if I had refused his request. I hold the police and the prosecutor to account and I couldn’t do that if I recoiled from requests for help myself, even if they involved risks.”
The risk was clear: in 2018, Nabil B’s brother was murdered by Taghi’s men. A year later, Derk Wiersum, Nabil B’s lawyer, was murdered. To be able to get access to his client, he gave up his position in the law office of his son Royce, where he was director and advisor.
In the last couple of years, Peter R de Vries became increasingly vocal about social issues in the Netherlands, speaking up for the rights of refugees and against racism. Even though he was respected and popular in the Netherlands, this stance triggered a flood of hate and threats against him like never before, he said.
In 2016, he won an award for speaking out against racism and inequality with ‘courage and nerve, with arguments and substance and without fear’ – which sums up De Vries quite accurately.
Peter R de Vries was 64 years old. He leaves behind a partner and two children.[/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]
08 Jul 21 | Croatia, Monaco, News and features, Statements
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Whistleblower Jonathan Taylor
We are delighted to announce that on Wednesday 7 July 2021, Croatian Justice Minister Ivan Malenica formally rejected the request by Monaco to extradite UK whistleblower Jonathan Taylor. Jonathan Taylor’s Support Group extends its gratitude to the Minister for taking the right decision.
The move comes following sustained calls for the past 11 months from human rights and civil liberties campaigners across Europe – and UK MPs – for his immediate release and safe return home. Legal experts backing the release of Jonathan Taylor said there was no proper legal basis for Monaco to seek Mr. Taylor’s extradition and the process was retaliatory in nature. Lawyers acting on behalf of Jonathan Taylor argued that it constituted an abuse of process.
Jonathan Taylor was arrested whilst on a family holiday in Croatia last July, and has been restrained there since. He has been isolated, away from his family, and unable to support himself or his family, all of which have taken an extreme toll on his mental wellbeing.
A former in-house lawyer for oil firm SBM Offshore based in Monaco, Jonathan Taylor blew the whistle in 2013 on a massive bribery scheme. Jonathan’s whistleblowing disclosures led to SBM Offshore paying over $800 million in fines in the US, Netherlands and Brazil and investigations which led to successful prosecutions of two former CEOs for fraud-related offences.
Yet nine years later, he was arrested on a questionable Interpol Red Notice whilst on holiday, and wanted for questioning in Monaco over allegations made by his former employer over his settlement. The Red Notice was withdrawn by Monaco last December on the eve of Interpol making a determination on its validity. Jonathan denies wrongdoing and his lawyers have long argued there is no legal basis for extraditing him for questioning as he is neither charged nor convicted of any offences.
“I am of course elated that justice has finally prevailed and I am appreciative that Minister of Justice Ivan Malenica was able to pay regard to the salient legal arguments of my lawyers that were seemingly overlooked by the Courts in making his decision to reject Monaco’s flawed attempt at extraditing me,” states Jonathan Taylor.
“Special thanks go to all my supporters in Europe, overseas and in Croatia who somehow kept me sane in my year of need! Be assured that I remain resolute and proud of exposing serious wrongdoing at SBM Offshore and I will never be intimidated by the corrupt and those that shamefully seek retaliation against me for exposing them. I continue to stand ready to assist the Monaco Prosecutor in the event that a decision is made to pursue those responsible for SBM Offshore’s illicit business practices instead of me.”
We agree with Jonathan. The Minister of Justice of Croatia, Ivan Malenica, carefully considered the position of Jonathan Taylor as a whistleblower and a protected witness. His decision in this case has wider implications for the rule of law in Europe: it is a victory for the public’s right to know about wrongdoing by protecting the messengers of that information. Whistleblowers play a vital role in Europe’s fight against global corruption. Croatia has demonstrated its commitment to the rule of law and to the protection of whistleblowers.
We now call on Monaco to drop any further proceedings against Jonathan Taylor and to focus on the actions of SBM Offshore as a proper target for their investigations.
We wish Jonathan a safe return to the UK where he can begin to rebuild his life.
European Centre for Press and Media Freedom (ECPMF)
Whistleblowing International Network (WIN)
Martin Bright, Editor, Index on Censorship (United Kingdom)
Protect (United Kingdom)
Guernica 37 International Justice Chambers (United Kingdom)
Centre for Free Expression (Canada)
Free Press Unlimited
The Government Accountability Project (USA)
ARTICLE 19
The Platform to Protect Whistleblowers in Africa (PPLAAF)
Transparency International EU
The Daphne Caruana Galizia Foundation (Malta)
Pištaljka (Serbia)
Blueprint for Free Speech (Germany and Australia)
The Signals Network (USA/France)
Transparency International – Bulgaria
Transparency International Italy
SpeakOut SpeakUp Ltd
European Organisation of Military Associations and Trade Unions (EUROMIL)
Transparency International Secretariat
Access Info Europe
GlobaLeaks
European Federation of Journalists (EFJ)
Eurocadres – Council of European Professional & Managerial Staff
Professor David Lewis, Middlesex University (UK)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
Sherpa (France)
WhistleblowersUK
Baroness Kramer, Co-Chair of the All Party Parliamentary Group on Whistleblowing (UK)
Mary Robinson MP, Co-Chair of the All Party Parliamentary Group on Whistleblowing (UK)[/vc_column_text][/vc_column][/vc_row]
