Journalist and human rights activist Rafael Marques de Morais (Photo: Sean Gallagher/Index on Censorship)
Angolan investigative journalist and Index on Censorship award-winner Rafael Marques de Morais was handed down a six-month suspended sentence in Luanda on Thursday 28 May 2015, less than a week after celebrating an apparent dismissal of all charges.
Last Thursday, it had been widely understood that the case against him – in which he was accused of defaming several generals in a 2011 book about human-rights violations in the diamond industry – had been dropped. All parties appeared to have reached an agreement, whereby Marques would not republish his book but could continue his work.
However, the public prosecutor said on Monday 25 May 2015 that Marques’ statement was an admission of guilt and called for him to receive a suspended sentence.
Speaking to Index ahead of the sentencing, Marques said: “The public prosecutor put words in my mouth. He said that I had apologised, and had admitted to have written falsehoods.”
Marques’ witnesses, including a mother of a victim who was hacked to death in the Lundas mining region, were never given the chance to speak in court, after the case was “dismissed” in a move that Marques now believes was “a trick”.
Marques has been convicted for malicious prosecution, not defamation. The malicious prosecution charges (saying that he intentionally submitted false evidence) were added – in another unexpected move – on his first day in court in March.
The six-month suspended sentence has a term of two years, during which if he engages in any behaviour the state deems as criminal, the sentence will be implemented. Marques will be launching an appeal.
Over 50 signatories – including Index on Censorship, Amnesty International, Human Rights Watch and other international NGOs – have written a letter to Angolan President José Eduardo Dos Santos, demanding urgent action on Marques’ case and calling for Angola’s criminal defamation laws to be abolished.
In March, just days before the trial started, Marques attended Index on Censorship’s Freedom of Expression Awards in London, where he received the journalism award for his courageous and vital investigations. In a speech, he said: “I am proud and honoured to stand up against such a mighty power to enable many of the victims to speak out through my reports, which I have been producing for the past 10 years.”
Index on Censorship’s CEO Jodie Ginsberg said: “We are appalled to hear that Rafael has been sentenced after an absurd process. This is a clear violation of rights to free expression, to a free press and to a fair trial. We are extremely concerned not only about Rafael, whose work is so incredibly important, but also that cases like this are being used to deter others from speaking out. We feel a suspended sentence over two years will curb his ongoing work, which has recently included highlighting Angola’s press restrictions and reporting on a massacre of members of a sect by police forces.”
Kostas Vaxevanis won the 2013 Index on Censorship Journalism award for his investigative journalism through his work on the magazine Hot Doc. On 30 March 2015 he was convicted of criminal defamation for his reporting on banking irregularities in Greece and given a 26 month suspended sentence.
The justice system of Greece is often compared to a very thin fishing net, which catches the small fish, but which allows the bigger, stronger fish to break free.
It is a widely-held belief in Greece that there is a lack of justice administered by the country’s judicial system, and this belief is confirmed if one looks at recent history.
None of the major scandals of recent years — ranging from that of the Athens Stock Exchange to the scandal involving judges who conspired in the rigging of court cases — resulted in any guilty verdicts.
A few days ago, the Greek justice system sentenced former finance minister Giorgos Papakonstantinou to a mere 12 months’ imprisonment for his removal of names from the so-called Lagarde List of alleged Greek tax evaders with Swiss bank accounts, while he was not convicted for the most serious charges against him, namely, his inaction with regard to the individuals named on the list. However, this paradoxical situation, in which the Greek justice system charged and attempted to prosecute me on two occasions over the publication of the Lagarde List but did not sentence the government minister who concealed it, does not stop here. At the same time that a Greek court issued a paltry 12 month prison sentence to Papakonstantinou, a different court sentenced me to a 26 month suspended sentence, following charges that were filed against me by one of Greece’s major oligarchs, businessman Andreas Vgenopoulos.
Investigative reports which were publicised in the magazine which I publish, Hot Doc, revealed that Andreas Vgenopoulos had purchased the Cyprus-based Marfin Bank, which he then utilized in order to provide capitalization to other business interests of his and to those of his fellow oligarchs. According to the Cypriot government, Vgenpoulos’ actions with Marfin Bank was one of the main factors which resulted in the collapse of the country’s economy.
All of the reports which were published in Hot Doc were derived form official documents from the parliament of Cyprus, from Cypriot prosecutors, from Greek courts, and from the central banks of Greece and Cyprus. On the basis of documentation, anti-corruption prosecutors were obliged to launch an investigation regarding the financial activities of Vgenopoulos.
Even though this investigation is still in progress, along with a parallel investigation being conducted by Cypriot authorities, who have also issued a warrant for the freezing of Vgenopoulos’ assets totaling €2.4 billion, I was tried and sentenced by a Greek court on charges of libel. In court, I provided documentation from the vice prosecutor of the Greek Court of Appeals, who was requesting that Greek authorities investigate Vgenopoulos on allegations of bribery and money laundering based on evidence held by Cypriot authorities. Despite this, I was found guilty and issued a sentence that is greater than that issued by the Greek judicial system to a former Greek government minister, Giorgos Papakonstantinou.
In contrast to the standards of European law and European court decisions, which have made it clear that journalists are obligated to maintain a critical stance and, often, a strong and aggressive tone towards public figures, the Greek court which tried me concocted “malicious intent” on my part. Indeed, it is notable that the prosecutor, who was the same individual which had requested that I be sentenced for my revelation of the Lagarde List, on the basis of an unprecedented assertion: that I am “a very good journalist”, which means that my actions were undertaken “with malicious intent, and not out of ignorance”. This is unprecedented in global legal history.
Following my sentencing, numerous international organizations and actors responded, including the OSCE and the International Federation of Journalists, but once again, the only reaction in Greece was a guilty silence. At the present time, I am personally facing, along with Hot Doc magazine, no less than 42 different criminal cases and lawsuits. These are charges filed by politicians and oligarchs, whom we have investigated as part of our journalistic responsibilities. None of these individuals have officially responded to any of our revelations, as public figures are obliged to do.
Instead, they have resorted to legal means while attempting to influence public opinion by saying that they “will punish the slanderer in court”. In this way, they avoid responding to the revelations made against them and employ the justice system in their favour, to hold journalists hostage. It should be noted that Hot Doc’s legal bills for all of these different cases have surpassed €100,000.
The ultimate aim of this coordinated effort of charges and lawsuits against me and my magazine is to force us to reach a settlement, or to otherwise lead to our economic obliteration. It is rare for a journalist to challenge a coordinated and corrupt system, which also holds influence over specific individuals within the legal system, who then hold the power to issue specific sentences and decisions upon request.
Meanwhile, freedom of the press is rapidly being transformed into an altar upon which everyone pretends to worship, but which contains many skeletons within.
Unfortunately, the same is true of justice in Greece as well, resulting in a system where even honest justices often operate in fear of displeasing a government minister or major business figure, who has the power to file charges against them and destroy them.
When former defense minister Akis Tsohatzopoulos was arrested, his personal effects included notes on coordinated actions he would undertake with business figures, in order to destroy prosecutors who were continuing investigations against him. The justice system, in turn, did not have the courage to further examine this and to investigate those who plotting to kill their fellow prosecutors, instead allowing these crucial pieces of evidence to get “lost” in the mountains of paperwork relating to this case.
In this most blatant of manners, judges and prosecutors who depart from the judicial branch in Greece later become legal consultants to the same business figures which, until recently, they held a responsibility to investigate and prosecute. And this convoluted web of corruption and injustice is veiled behind a legal system which issues harsh punishments for charges such as that of libel. This legal system arrests and prosecutes “slanderers”, but, God forbid, never any major fraudsters or corrupt politicians. The very concept of an independent judiciary is devalued on a daily basis in Greece, in the eyes of justice and common sense. If one asks judicial professionals to tell you about justice, they can refer you to a whole range of laws, but to far fewer instances of true justice being served or public figures having been imprisoned.
A picture from the Do You See What I See project which teaches photography skills to young refugees, Zaatari camp, Jordan (Credit: Mohamed Soleman/Do You See What I See)
In an article from the refugee voices special issue of Index on Censorship Magazine, Jason DaPonte looks at how migrants are using technology to keep in touch with distant relatives, and the security risks this can bring
“My wife changes her sim card every week,” said Omid, an Iranian refugee who hasn’t seen his wife in the seven years he has been awaiting a decision in his UK asylum case. The couple use Viber, a mobile app that allows free voice calls over the internet, but his wife remains in constant fear of surveillance. Omid is wanted by the Iranian state for political offences. He’s also a convert to Christianity and his wife fears discussing his new religion, as even members of his own family have branded him an infidel.
Refugees may be some of the most excluded people in society, but social media and new technology nevertheless play a crucial role in many of their lives. Across the globe, refugees are finding ways of using them to stay connected to families, homelands and political causes, in ways they couldn’t have a decade ago – even though it can have security implications. A number of refugees, particularly from Syria, suggested they use the free messaging mobile app, WhatsApp, because they believe the messages are secure. Whether WhatsApp messages can be hacked or intercepted is not clear, however.
Ismail Einashe, a British journalist and Africa expert, originally from Somaliland, explained another way social media is changing the refugee experience. He said how his teenage cousin, who fled Somaliland for Austria, uses Facebook for photo-sharing, to craft an image of success and happiness. But this can potentially hide the true difficulties of refugee life.
“My cousin is inspired by American hiphop. He wears baseball caps and baggy jeans – so his friends at home see the glamorous ‘other’ and they don’t see the high unemployment or poverty among refugees. It’s partly encouraging the young generation. Before, people didn’t see what life on the other side could be and now they can see it,” he told Index.
Nearly every refugee interviewed for this article said that free calls on Skype and the ability to connect with relatives for free using standard social platforms (like Facebook) is invaluable to them. But for some, sharing stories from exile goes beyond simple messaging and status updates. Some refugees use blogs and social media channels to publish content banned at home to try to fight the repression they escaped.
Moses Walusimbi fled Uganda’s anti-gay laws for The Netherlands and now runs Uganda Gay On Move – a blog, Facebook and Twitter movement that helps gay Ugandans and Africans who have fled persecution, as well as providing information for those who are left behind and remain under threat.
“When I came to Holland, I realised the more you keep quiet the more you suffer,” Walusimbi told Index. “I was very eager to know if there were any other Ugandans who are in Holland who are like me, in the same situation. And when I started these social media things, many Ugandans responded.”
His movement now has almost 9,000 followers on Facebook, which he says is the most popular platform for his content. He also has followers on Twitter and his blog. Uganda Gay On Move is providing a support network that goes beyond publishing, with many photos of meetings between its members for social and political reasons.
“Uganda Gay On Move is like a family to us now. It’s like a family because we come together, we discuss, we find solutions,” said Walusimbi. These solutions have included the group petitioning and lobbying the Dutch parliament to raise awareness about the denial of the human rights of gay Ugandans and other Africans. It also publishes information that helps asylum-seekers manage their cases and gather evidence. But Walusimbi still worries about those in Uganda who could face jail sentences simply for reading it.
“Ugandan LGBTI people – unless well-known human rights defenders – tend to use false names on Facebook. There is also a danger when people attend internet cafes and do not securely log off. There is also a danger – and I have had several direct reports of family or friends seeing the Facebook pages left open on computers in homes. Some people have been exposed this way,” Melanie Nathan, an LGBTI activist and publisher who has worked closely with African LGBTI movements, told Index. “Using Facebook could result in meetings or revealing real names through trust and then in entrapment.” Walusimbi corroborated that there are real cases where this has happened.
Blogs by and for refugees from various conflict zones are building audiences. The Medeshi Somaliland blog is one example. It was founded with a desire to keep in touch with a dispersed family and diaspora in 2007 by Mo Ali, who left Somaliland to seek asylum in the UK in 2004. His work of aggregating and creating new content quickly became more political.
“There are many websites about Somaliland and those who are publishing there have been harassed by the police. They’ve been ordered to shut down because of being critical of the government on freedom of speech and press,” Ali told Index, saying he knows of at least three websites that have been shut down and explaining why he has to publish from abroad.
Even publishing from the UK, he doesn’t feel totally safe, “I’ve received death threats via email but I published the threat online and nothing happened. I’m still alive. It was just intimidation.”
Like Uganda Gay On Move, Ali has used the blog’s following to campaign, and in 2010 and 2012 rallied more than 1,000 of his followers to lobby outside London’s Parliament for official recognition of Somaliland.
Refugees are working on their own and with professional content and software creators to find bespoke ways to tell their stories. Dadaab Stories and the related Refugee News are two of the most elegant projects that have used the power of free social media tools (particularly Tumblr and YouTube) to help refugees publish stories. In these cases, professional filmmakers and refugees worked together to create ongoing social media coverage of the refugee camp for Somalians in Kenya.
Globally available and free technology platforms are helpful, but tools, platforms and projects are now emerging that are specifically aimed at refugees to allow them to self-organise and connect digitally.
Refunite is a social network designed to connect dispersed families that have low access to technology following displacement. It allows refugees to remain anonymous to everyone other than their family members, which aids those who may not be able to register with formal institutions because they are awaiting asylum decisions or are stateless. The platform currently reaches more than 500,000 refugees and is aiming to connect 1 million during 2015. It is geared towards low-end mobile technology to ensure that nearly anyone can use it. It can even be accessed using an interactive voice response system or text-messaging for those who are illiterate or don’t have internet access.
Low-cost and low-barrier-to-entry technologies such as these are proving to be a key part of connecting refugees in crisis. The UNHCR is telling the world the story of Jordan’s Zaatari camp via Twitter (which has claimed to be the first refugee camp with an official Twitter account). Nasreddine Touaibia, a UNHCR communications associate at the camp described how WhatsApp, a free or low-cost mobile messaging system, is being used by Syrian refugees to self-organise. “Urgent messages are sent to these groups and they are reflected in the Facebook group later. It’s their own emergency broadcast network,” he told Index, describing how WhatsApp had been used to give warnings when flooding occurred at the camp.
South African technology startup Vumi is now trying to build on this trend of using low-cost messaging services to create technical products that can empower refugees to self-organise at scale. Its platform uses mass mobile messaging and low-fi browsing to enable access to civic information.
Building on its success in Libya of technically enabling Wikipedia Zero (a Wikipedia Foundation project which gives access to Wikipedia without data charges in 35 countries) and distributing voter information, the company is now in the planning stages for a project focussed on empowering refugees, in partnership with South Africa’s Lawyers for Human Rights, an NGO that deals largely with refugees in South Africa.
Various NGOs and other services are also using social media to provide platforms that help refugees re-settle. These are largely regionally based and aim to help refugees understand the legal and social contexts they are in. In the UK, the Refugee Council and Bail for Immigration Detainees provide online resources and tools that help refugees build and understand their legal cases. Migrant Voice, another UK-based organisation, provides training and tools to allow migrants (including refugees) to publish and communicate their stories.
Refugees and migrants certainly benefit from the uses of social media that everyone with internet access does; but the emerging platforms in the space are where the traditional model of solitary, isolated migrants can be disrupted. Tools specifically tailored to the needs of the excluded have the potential to create the most significant change in a networked world.
To read other articles from the issue, subscribe to the magazine in print, iPad, or phone find out more here or on iTunes, search for “Index on Censorship”.
A Kenyan woman speaking out for women in one of the world’s most dangerous regions and a female journalist who exposed an unreported uprising in Saudi Arabia are among the winners of this year’s Index on Censorship Freedom of Expression Awards.
“Our shortlisted nominees are all tackling direct and serious threats to stifle free speech,” said Index on Censorship CEO Jodie Ginsberg. “We were humbled and inspired by their stories, and their dedication to ensuring we can all speak freely.”
Index on Censorship 2015 Freedom of Expression award winners: Rafael Marques de Morais (journalism), Safa Al Ahmad (journalism), Amran Abdundi (campaigning), Mouad “El Haqed” Belghouat (arts) and Tamas Bodoky (digital activism) (Photo: Alex Brenner for Index on Censorship)
Awards are presented in four categories: journalism, arts, campaigning and digital activism. The winners were Saudi journalist Safa Al Ahmad and Angolan reporter Rafael Marques de Morais (journalism – jointly awarded); Moroccan rapper “El Haqed” (arts); Kenyan women’s rights campaigner Amran Abdundi (campaigning); and Hungarian freedom of information website Atlatszo (digital activism).
The crime of free expression
Journalist and campaigner Mariane Pearl, journalism award recipient Rafael Marques de Morais, Guardian editor Alan Rusbridger and journalism award recipient Safa Al Ahmad (Photo: Alex Brenner for Index on Censorship)
Al Ahmad was recognised for her documentary Saudi’s Secret Uprising, which exposed details of an unreported mass demonstration in Saudi Arabia. “Safa Al Ahmad dared to go into places that are difficult for women and for reporters, to bring that information back and share it with the world,” said Turkish author Elif Shafak, one of the five judges. Saudi Arabia is a mystery, even to its own people, said Al Ahmad in her acceptance speech: “Parts of our history is deliberately concealed, the present is muddled with rumours and half-truths. The government-owned and controlled media play a major role in the dissemination of those false realities of ourselves and others. This makes facts a precious commodity in Saudi Arabia.”
Angolan investigative reporter Marques de Morais has been repeatedly prosecuted for his work exposing government and industry corruption and will go on trial on 24 March charged with defamation. “Rafael is a very important individual doing very important work in a very, very difficult environment,” said judge Sir Keir Starmer QC. Marques de Morais dedicated his speech to the Zone 9 group of Ethiopian bloggers currently in jail “for the crime of exercising their right to freedom of expression”.
Doughty Street barrister Keir Starmer, campaigning award recipient Amran Abdundi and Index on Censorship CEO Jodie Ginsberg (Photo: Alex Brenner for Index on Censorship)
The winner in the campaigning category, Amran Abdundi, is a women’s rights activist based in north-eastern Kenya and runs a group helping women along the dangerous border with Somalia, where terrorism and extremist violence dominate. Judge Martha Lane Fox said: “Amran Abdundi was a standout candidate for me. She is doing something incredibly powerful in an unbelievably complicated and dangerous situation.” Abdundi dedicated her award to the “marginalised women of northern Kenya… who will now know that their struggles and their efforts to fight for their rights are being recognised internationally”.
Help us let the world know the truth
Arts category winner Mouad “El Haqed” Belghouat, novelist Elif Shafak and actor Stella Odunlami (Photo: Alex Brenner for Index on Censorship)
Arts category winner Mouad “El Haqed” Belghouat is a Moroccan rapper and human rights activist whose music highlights widespread poverty and endemic government corruption in Morocco. He has been imprisoned on spurious charges three times in as many years, most recently in 2014. Belghouat said in his acceptance speech: “I have been through difficult times: I was jailed, fired from my work, rejected by many friends. I am still forbidden to sing in my own country. But after all that I am still determined that I will never change my position. I will fight for freedom, equality and human rights for ever.” Lane Fox said Belghouat had taken his music and “translated it into a kind of online activism, but then, crucially, mobilised people in the street”.
The digital award, decided by public vote, went to Hungarian investigative news outlet Atlatszo.hu managed by Tamás Bodoky. The website acts as watchdog to a Hungarian government which has increasingly tightened its grip on press freedom in the country. Editor-in-chief Bodoky said Atlatszo.hu called on all those who believe that independent journalism in Hungary is under threat. “All those who agree that politics and business interests have sunk their claws into everyday life. All those who know that taxpayer money is vanishing. We are calling on you to help us let the world know the truth.”
Entrepreneur Martha Lane Fox, digital activism award recipient Tamas Bodoky and actor Jolyon Rubinstein (Photo: Alex Brenner for Index on Censorship)
The awards were presented by the judges along with special guests including Guardian editor Alan Rusbridger.
A special award was also given on the evening to honour the many Azerbaijani journalists and activists jailed or forced into exile or hiding following a recent crackdown by the government. Former award winner and journalist Idrak Abbasov, who was forced to flee Azerbaijan last year, accepted the award on behalf of all those facing persecution in the country. “I call upon the world community to help Azerbaijan… so that our colleagues might be released and that our country might become a normal state in which we and others might live freely,” Abbasov told the audience in a video speech.
The evening featured an exhibition of specially commissioned cartoons by international cartoonists, reflecting on the past 12 months for free expression. Most of the artists had direct experience of persecution over their work, including Syrian political cartoonist Ali Ferzat – a former Index award winner – and Malaysia’s Zunar. “In the wake of the attacks on Charlie Hebdo, we wanted to pay homage to the work of cartoonists who are so often the first to face censorship in any move to stifle free expression,” said Index’s Jodie Ginsberg.
