ODEE and Fishrot: Index signs letter in support of artistic freedom

We are writing to bring attention to the case of the visual and performance artist and master’s student, ODEE, who is being sued for damages (including legal fees likely upwards of £500,000) in the High Court in London on the 25 and 26 September 2024. The  lawsuit has been brought against ODEE by Samherji, one of Europe’s largest fishing companies based in Iceland, for the unauthorised use of its website and brand.  

ODEE’s art piece centres around the concept of corporate responsibility through a fictional apology – via a website he created and a mural at the Reykjavík Art Gallery – for the alleged corruption committed by Samherji to secure fishing quotas in Namibia revealed in 2019 by the whistleblower, Jóhannes Stefansson, and which quickly became known as the #Fishrot Scandal.  

Samherji has exercised its rights to challenge ODEE by issuing an interim injunction to require him to take down the website with the spoof apology, and he did so in May 2023.  The court will need to decide whether to vary or discharge the injunction, and whether the artist should be liable for Samerjhi’s legal costs and alleged damages. However, the question remains as to whether such action is proportionate, or an attempt to  silence those who speak out against corruption. 

The alleged corruption is currently the focus of a high-profile trial in Namibia in which 10 suspects have been charged including the former Ministers of Justice and Fisheries – the majority of whom have been held in custody since 2019, and who may face even longer jail terms if convicted. Investigations into Samherji’s activities are continuing in Iceland.

Ensuring that whistleblowers can disclose information about wrongdoing in the public interest is vital for democratic accountability – so that proper investigations can occur, and those responsible are held to account. Protecting whistleblowers safeguards the  public’s right to know, an essential element of the right to freedom of expression. 

Artistic freedom of expression – through film, theatre, literature, painting and conceptual art, among many other media – is also vital to a healthy democracy and to public discourse and the development of ideas. Artistic expression allows individuals, communities and societies to consider and examine moral and ethical choices, as well as how power works and affects us, whether it is political, social or economic.

Freedom of expression links whistleblowers and artists – individuals must be protected from the powerful who wish to stop them speaking up. Jóhannes Stefansson and ODEE deserve our support. In today’s world, where we face existential challenges to protect  our natural resources, environment and climate systems, we can ill afford to let these voices be silenced. 

We, the undersigned, therefore, urge Samherji to drop its disproportionate case against the artist, ODEE. 

SIGNED BY: 

African Centre for Media & Information Literacy (Nigeria) 

Artistic Freedom Initiative (International) 

Blueprint for Free Speech (International)  

Daphne Caruana Galizia Foundation (Malta) 

Disruption Network Lab e.V. (Germany) 

Centre for Free Expression (Canada) 

Civil Liberties Union for Europe 

Citizens Network Watchdog Poland 

Climate Whistleblowers (France) 

GlobaLeaks (Italy) 

Government Accountability Project (USA) 

Index on Censorship (UK) 

Institute for Public Policy Research (Namibia) 

Justice and Environment (EU) 

Oživení (Czech Republic) 

Pištaljka (Serbia) 

Platform to Protect Whistleblowers in Africa (PPLAAF) 

Pro Publico (International) 

Protect (UK) 

Shadow World Investigations (UK) 

Spotlight on Corruption (UK) 

The Whistleblower House (South Africa) 

Transparency International Ireland 

Transparency International Italy 

Whistleblowers-Netzwerk e.V. (Germany) 

Whistleblower Chile 

Whistleblowing International Network 

* Protect is a registered Charity in England and Wales No.1025557 

** WIN is a Scottish Charitable Incorporated Organisation No. SC048595

Undercover freedom fund

Andrej Strizhak, a human rights activist and Belarus exile, uses an electric scooter to go around the streets of Vilnius’s old town.

“It is a very convenient means of transportation,” he told Index, sitting in a coffee shop at The House of the Signatories where Lithuania’s Act of Independence was signed in 1918.

Strizhak is founder of the Belarus Solidarity Foundation, Bysol, a humanitarian organisation which gives financial help to political prisoners, striking workers and other activists critical of the repressive regime of President Aliaksandr Lukashenka. Recently Bysol has also focused on aid to Ukraine in its fight against the Russian invasion that Vladimir Putin launched in February 2022.

For Strizhak, both struggles are connected.

“Belarus’s ‘freedom key’ is in Ukraine, and many Belarusians are helping fight the war in Ukraine,” he said. “If Putin fails, then Lukashenka will lose his principal ally.”

His colleague, former male model, fitness trainer and media celebrity turned political activist Andrey Tkachov, joined us in the café. Tkachov like Strizhak is in his thirties. He’s an immensely tall and striking figure, dressed in black. He oversees the management of the Medical Solidarity Fund, operating under the Bysol Foundation umbrella. He sees the conflict in stark terms.

“It is a war between good and evil. Russia is knowingly bombing hospitals and we are working on getting medical supplies and equipment.”

Bysol has raised over $10.7 million and acts as a platform for other organisations or individuals to raise funds for humanitarian causes.

Most of it has been done through cryptocurrency because, as Strizhak explained, it is “hard for the government to trace these transactions.”

During the first days of the Ukrainian war, Bysol received requests for cash to buy vehicles, drones and first aid kits; funds were needed for emergency contraceptive and rape kits for Ukrainian war victims of sexual abuse and for legal fees to pursue justice for war crimes. Within a few days, Bysol raised over $130,000 for Ukrainian humanitarian causes and for Belarusian volunteers working in Ukraine.

As the war progressed, the foundation used its money to aid wounded Belarusian fighters to obtain medical assistance, move to Poland or Lithuania and heal from PTSD. Bysol handed over radios, sets of uniforms for medical doctors and anti-thermal camouflage cloaks to the Belarusians fighting in Ukraine.
They gave others help too.

For those who refused to fight or faced repression for opposing the war, Bysol staff drafted manuals on evacuation from Belarus, Russia and Ukraine. They also posted instructions in a Telegram chat group, BysolEvacuation. Users issued advice on how to leave the war zone, discussed visa procedures and shared experiences on border crossings.

Strizhak and other activists first established Bysol in August 2020, as a response to violence against the opposition after the Belarus presidential election which saw Lukashenka winning a sixth term in office. Strizhak had already been detained several times by the police for his political activities and during the election summer, friends advised him to go on “vacation” abroad. He traveled to Kyiv, hoping to spend a month in Ukraine. There, building on his humanitarian work and crowdfunding skills, Strizhak came up with the idea of a fund-raising organisation.

He was joined in Ukraine by Tkachov, with whom he had worked during the Covid-19 pandemic and who had just been released from police custody. Tkachov had stayed in Belarus and joined anti-government protests in Minsk, witnessing police using grenades and shooting at peaceful opposition.

“The day after the elections, my friend and I took a ride around Minsk to check the aftermath of the protests,” Tkachov told Index. “An OMON (special police force) car stopped us and took us to a detention centre.” Officers gave Tkachov some “special attention” for his critical political opinions. He was handcuffed and beaten.

“Some of us fainted from the pain and from the inflicted injuries. We laid in puddles of blood and urine and prayed to be alive,” he said. Eventually, he lost consciousness when a soldier stepped on his neck.

“I regained consciousness only when police brought me to the prison, and a soldier poured water on me,” he said.

Together with the other 35 detainees, he spent three days in a cell suitable to accommodate 10 people.

In the late autumn of 2020 both dissidents decided to move to Lithuania, a member state of the EU and NATO, determined to expand Bysol. “Ukraine did not feel safe enough for us,” explained Strizhak.

Strizhak first raised money through a friend in the Netherlands who opened a fundraising account on Facebook. “We couldn’t do it from Belarus or Ukraine. Only people who live in ‘the white-world’ – the USA or Western Europe – can open fundraising accounts on Facebook,” he said.

Help started pouring in and more so when they were established in Vilnius. The most active supporters of the fund were and still are the Belarusian diaspora.

Walking a thin line between publicity and safety, Bysol has come to rely on cryptocurrency. Using traditional currency, customers rely on bank services and often pay high fees for financial transactions that might take a few days to complete, but cryptocurrency is a digital currency based on a network spread across many computers, unregulated by central government authorities. Unlike traditional financial institutions, opening a cryptocurrency wallet does not require identification verification, credit, or background checks: a person needs just a laptop or a smartphone with an internet connection and there is virtually no way for the government officials to stop, censor or reverse these transactions.

People find Bysol through social media and by word of mouth and the foundation follows a rigorous verification process before providing any help.

“We can’t name recipients and they can’t say ‘Thank you’ to us,” Strizak said.

Tkachov focuses on supporting Belarusian medical professionals and medical causes.

“Medical doctors actively expressed their opposition to the government’s actions. They were the ones who saw wounded, beaten and dead protesters. They described people arriving at the hospital as if they were brought from a battlefield with gunshot wounds or limbs ripped off by grenade explosions,” he said. Many medical doctors who expressed their disagreement about the government’s actions were laid off from state-run hospitals.

The Department of Investigation Committee in Minsk has initiated criminal proceedings against Strizhak who is accused of providing “training of individuals to take part in group activities, grossly violating public order” and financing extremism. Bysol itself has been labelled an extremist organisation and Belarus has listed its founders on the country’s wanted list and the wanted list of the Commonwealth of Independent States (CIS), made up of Russia and other ex-Soviet states still in Russia’s orbit.

Tkachov said he was always interested in history, especially events leading to the outbreak of World War II. “I could not understand why the powerful states could not prevent it,” he said. “Witnessing unfolding events in Ukraine, I finally understood it. When I think about how much more needs to be done, I worry my efforts are not enough, or are not effective enough. We need to help many people.”

Since his early years, Strizhak was determined to bring change to society: “I can’t tolerate hypocrisy, lies or double standards,” he said. He travelled to the Donbas region of Ukraine from 2017 to 2020 to document war crimes committed by pro-Russian separatists. He has mourned the death of close work partners.

Although he is now far from the war zone, he visualises his efforts with a consciousness of the samurai way of “dying before going into battle.” Like Japan’s ancient warriors, he said, he is waging his humanitarian efforts fully committed and without fear.

Russia: Index welcomes release of Vladimir Kara-Murza and Evan Gershkovich from jail

Index on Censorship welcomes the news that Vladimir Kara-Murza, a journalist, author, filmmaker and fierce Putin critic, and Wall Street Journal reporter Evan Gershkovich have today been released as part of a multi-country prisoner exchange including Russia and the USA. 

The prisoner swap, one of the largest ever, has taken place in Ankara under the auspices of the Turkish National Intelligence Agency and involves 26 people held in Russia, Belarus, the USA, Germany, Slovenia, Norway and Poland. The exchange follows private discussions between the intelligence services of Russia and the United States and is the largest such exchange in decades.

Index has long championed the causes of Kara-Murza and Gershkovich.

Kara-Murza, a British citizen and father of three, had been a tireless pro-democracy campaigner and a champion of legislation that has provided for human rights violators and corrupt officials around the world to be subject to asset freezes and visa bans (so-called Magnitsky Acts). Kara-Murza was sentenced to 25 years in prison in 2022; he was awarded the Václav Havel Human Rights Prize the same year. 

In mid-July, WSJ reporter Gershkovich was sentenced to 16 years in a high-security penal colony on espionage charges. He was arrested in March 2023 while on a reporting trip in the city of Yekaterinburg 1,600 km east of Moscow with prosecutors arguing that he worked for the US Central Intelligence Agency, claims which the journalist, his employer and the US government denied.

Jessica Ní Mhainín, Head of Policy and Campaigns at Index on Censorship, said, In most of Europe, Kara-Murza is rightly lauded for his work in defence of human rights and was awarded the Václav Havel Human Rights Prize in 2022. During his time in detention, he was held in solitary confinement and has had access to medical treatment restricted despite suffering from polyneuropathy, a condition affecting his central nervous system, brought on by two failed poisonings by FSB agents in 2015 and 2017.”

Index on Censorship CEO Jemimah Steinfeld said: “Evan Gershkovich’s trial was held in secret and his conviction is widely regarded as politically motivated. Index will continue to stand up for press freedom both in Russia and in other countries worldwide. His release has come not a moment too soon but we will continue to fight for the release of reporters unjustly held in countries around the globe for doing their jobs.”

Sasha Skochilenko, who was sentenced to a seven-year jail term for distributing anti-war leaflets in a Russian grocery store, and Alsu Kurmasheva, a Russian-American reporter for Radio Free Europe/Radio Liberty who was seized by Russian authorities on a trip to visit her mother and has been in prison since October, are among those have who also been released. Former US Marine Paul Whelan, who was sentenced to 16 years in prison in 2020 on espionage charges, has also been freed.

Vadim Krasikov, a colonel in Russia’s FSB intelligence service, who has been serving a life sentence in a German jail since 2019 for the murder in broad daylight in a Berlin park of dissident Zelimkhan Khangoshvili, is also part of the exchange.

For more information, please contact policy and campaigns manager Jessica Ní Mhainín on [email protected] or acting editor Sally Gimson on 07890 403338 or [email protected]

First they came for the Greens

On 14 February, as the upper echelons of Germany’s Green Party prepared to descend on the south-western town of Biberach for their annual meeting, demonstrators blocked access to the town hall with tractors, paving stones, sandbags and manure.

Things took a more aggressive turn when three police officers were injured by protesters hurling objects. Police intervened with pepper spray and a protester smashed a window of federal minister of agriculture Cem Özdemir’s car. The Green Party cancelled the meeting because of safety concerns.

In the state of Thüringen, 200 farmers and demonstrators attempted to block roads to stop a company visit by vice-chancellor Robert Habeck. They insulted the company’s employees and threatened to hang journalists. A week later, an angry crowd followed and heckled party leader Ricarda Lang in Schorndorf, in the southern state of Baden-Württemberg, until police stepped in – then the crowd attacked the officers, injuring some of them.

These attacks were far from isolated incidents. In 2021, the party was the most successful of its kind in Europe and the poster child of the continent’s hopeful environmentalist movement, having joined a government coalition for the first time.

Today, it is coming under attack – verbally and violently – unlike any other party.

According to German parliament figures, 44% of the politically motivated attacks recorded in 2023 targeted Green Party representatives, three times as many as their coalition partners or the opposition.

Early this year, another angry mob prevented Habeck, once one of Germany’s most popular politicians, from getting off a ferry in northern Germany. In September 2023, a man threw a rock at party leaders at a campaign event in Bavaria. And earlier that year, Lang found a gun cartridge in her letterbox.

Violence against MPs and politicians is on the rise across the EU, and in May Slovakia’s Prime Minister Robert Fico was shot in an assassination attempt. But in Germany, this violence disproportionately targets Green Party politicians.

Local party members and supporters have refused to join the electoral campaign out of fear, according to Carolin Renner, a local party speaker in Görlitz, a far-right stronghold where the Alternative für Deutschland (AfD) party won 32.5% of the vote in the 2021 election.

It’s hard to pin down when the mood began to swing against the Green Party. “I think this hate was always there,” Renner told Index, adding that it might have been when AfD drifted to the far-right around 2015.

But things took a turn for the worse in 2020 and 2021 when Covid restrictions generated massive anti-lockdown movements in Germany. At the end of 2021, the Green Party formed a government coalition with the centre-left Social Democratic Party (SPD) and the liberal Free Democratic Party (FDP).

“That’s when it really got out of hand,” Renner said. “We had people calling to say they were coming into our office and going to kill us and our families.” People slapped stickers on the doors, others spat on the windows and others glued the building’s doors so members couldn’t get in. “I was handling all the reporting to the police at the time, and I had to file at least one report per week,” she said. “It was pretty bad.”

Since the 2021 election, several political parties have tried to portray the Green Party as an urban elitist movement out of touch with the population. It is a favourite target of the far-right AfD, and its representatives have recently said it was “not surprising” that it was coming under attack.

But other parties have joined in attacking them, too. “It seems that the Greens were identified as the main political opponent by several, very different parties,” said Hannah Schwander, a professor of political sociology and social policy at the Humboldt University of Berlin.

Markus Söder, the leader of the centre-right Christian Social Union in Bavaria, said the Greens were “the number one party of prohibition”, falsely claiming it planned to ban meat, firecrackers, car washing and balloons. And the far-left party leader Sahra Wagenknecht has branded the Greens “the most dangerous party in the Bundestag”.

Even Olaf Scholz, the German chancellor from coalition partner the SPD, said it “remains a party that likes bans”.

“When you have politicians or the media who take up these narratives, that creates an atmosphere in which it seems legitimate to attack politicians – verbally, at first,” said Schwander. “But as we see now, that translates into action as well.”

The politicians’ rhetoric was accompanied by an onslaught of online campaigns. According to Raquel Miguel, a senior researcher with EU Disinfo Lab – an independent non-profit that gathers intelligence on disinformation campaigns in Europe – Green Party members were the most targeted by hoaxes during the 2021 election year. She said that they exaggerated the party’s inexperience and proposals, falsely claiming the party planned to ban fireworks or family barbecues, for example.

“Online campaigns contributed to stirring up hatred against individuals but also to discrediting and undermining trust in politicians, dehumanising them and making them more susceptible to attacks,” Miguel told Index. “And dehumanising contributes to accepting violence.”

In conspiracy-minded far-right groups congregating on the social messaging platform Telegram, the party was depicted as an enemy trying to “take away your way of life, your steak, the sugar from your coffee”, said Lea Frühwirth, a senior researcher with the non-profit Centre for Monitoring, Analysis and Strategy. “What that does psychologically is [make it feel] like an invasion of your personal space.”

The media have reported that the attacks on the Green Party’s annual meeting in Biberach and the heckling of the party’s leader in February originated from conspiratorial Telegram channels.

Violence against the party is on the rise, just as green parties faced the worst losses in the 2024 European Parliament elections. The party’s share in Germany appears to have plummeted since the last elections. However, researchers say that the population has not turned against climate issues. “The data shows that there hasn’t really been a widespread backlash against green policies,” said Jannik Jansen, a policy fellow focusing on social cohesion and just transition policies at the Jacques Delors Centre think-tank within Berlin’s Hertie School, which focuses on governance. Jansen co-authored a recent study of attitudes to climate policy among 15,000 voters in France, Germany and Poland. “The political mainstream hasn’t really shifted in this sense,” he said.

But polarisation and extremism have risen. Schwander said some climate issues had become more politicised, and society in general has become more polarised – although in a peculiar way. “People don’t seem to be more polarised on issues than they were before, but they dislike people who think differently more,” she said.

Political violence has risen considerably. Police recorded 2,790 incidents of physical or verbal violence against elected politicians in 2023 – and the figure has nearly doubled in the last five years. Attacks resulting in physical injury also appear to be on the rise.

Twenty-two politicians have been attacked so far in 2024, compared with 27 for all of 2023, according to federal police.

The number of politically motivated crimes has also risen to record-high levels, driven by a rise in right-wing extremism. According to government figures, the country recorded 60,028 offences in 2023 – the highest level since records began in 2001.

But things appear to be going better in the far-right stronghold of Görlitz. “This year, we only had maybe two or three direct attacks,” said Renner. She said the biggest incident happened during the farmers’ protests that shook Europe in late 2023 and early 2024.

“Shortly before Christmas, someone dumped a big load of horse shit right in front of our door at the Zittau office,” she said, adding that the decrease in attacks might be due to the police being more actively involved.

She said the party had also put in place a safety plan ahead of the European elections, requiring members to move in groups of at least three and sharing the list of party events and members’ whereabouts with the police at all times.

Attacks seem to have spilled over to other parties. In early May, European MP Matthias Ecke, from the SPD, was seriously injured when four young men assaulted him while he put up campaign posters in Dresden. He had to be taken to hospital and required surgery. That same evening, a Green Party campaigner was assaulted in the same area, allegedly by the same group. And a few days later, it was the turn of AfD politician Mario Kumpf, who was attacked in a supermarket.

Renner told Index that someone tore down nearly every party’s electoral posters in the northern part of the Görlitz district. “There’s not one poster left except for the far-right,” she said. “It’s not just the Greens anymore – it’s democracy itself that’s being attacked.

SUPPORT INDEX'S WORK