Bahrain: Rights of Nazeeha Saeed and all journalists to report must be respected

Nazeeha Saeed has been arbitrarily curtailed by Bahrain’s Information Affairs Authority.

Nazeeha Saeed has been arbitrarily curtailed by Bahrain’s Information Affairs Authority.

We, the undersigned, express our deep concern with the Bahraini Public Prosecution’s decision to charge Nazeeha Saeed, correspondent for Radio Monte Carlo Doualiya and France24, with unlawfully working for international media. We consider this an undue reprisal against her as a journalist and call on Bahrain’s authorities to respect fully the right of journalists to practice their profession freely.

Nazeeha Saeed is an award-winning journalist and correspondent for Radio Monte Carlo Doualiya and France24. She has previously reported on the protest movement in 2011, and has reported on the mounting dissent against the Bahraini government for the last several years.

On Sunday 17 July 2016, the Public Prosecution summoned Nazeeha Saeed for interrogation based on a legal complaint from the Information Affairs Authority (IAA). The prosecution charged her under article 88 of Law 47/2002, which regulates the press, printing and publication. Article 88 states that no Bahraini can work for foreign media outlets without first obtaining a license from the Information Affairs Authority (IAA), which must be renewed annually.

Prior to the expiration of her license, Nazeeha Saeed applied for a new one at the end of March 2016, at which point, the IAA refused a renewal. This is the first time she has received such a rejection. Following this, Saeed continued to work as a correspondent for France24 and Radio Monte Carlo Doualiya. She now faces trial in the civil courts and a fine of up to 1000 Bahraini Dinars (USD $2650) if found guilty.

This is not the first time Nazeeha Saeed has been subjected to harassment by the Bahraini authorities. In May 2011, during a state of emergency imposed in response to Arab Spring protests, police summoned Saeed to the station and detained her there. For her coverage of events in Bahrain – Nazeeha Saeed witnessed police killing a man at a protest and rejected the government narrative of events – police allegedly subjected her to hours of torture, ill-treatment and humiliation, which only ended when she signed a document placed before her. She was not allowed to read it. Despite complaining to the Ministry of Interior and the new Special Investigations Unit, the body under the Public Prosecution charged with investigating claims of torture and abuse, in November 2015 the authorities decided against prosecuting the responsible officers on the basis of there being insufficient evidence.

In June 2016, Bahrain’s authorities placed Nazeeha Saeed on a travel ban, preventing her from leaving the country. The ban was applied without informing Saeed, who only discovered it after she was refused boarding on her flight. The police officer at the airport was unable to explain the reason for this travel ban, and officials from the immigration department, the public prosecution and the Criminal Investigation Department (CID), told the journalist that they were not even aware of its existence. Saeed is one of approximately twenty individuals known to have been banned from travel in Bahrain since the beginning of June 2016. Other journalists working for international media face similar threats and have also reported facing increased pressure from the government in the last year, making their work difficult. RSF and the Committee to Protect Journalists both list Bahrain as one of the leading jailers of journalists in the world. One of them, Sayed Ahmed Al-Mousawi, was stripped of his citizenship by a court in November 2015.

As organisations concerned with the right to freedom of expression, we call on the Government of Bahrain to end the reprisals against Nazeeha Saeed, lift her travel ban and drop the charges against her. We also call on the authorities to stop arbitrarily withholding license renewals and to allow journalists to report with full freedom of expression as protected under Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights.

Signed,

Adil Soz, International Foundation for Protection of Freedom of Speech
ACAT
Albanian Media Institute
Americans for Democracy and Human Rights in Bahrain
ARTICLE 19
Bahrain Center for Human Rights
Bahrain Institute for Rights and Democracy
Bahrain Press Association
Bytes for All
Canadian Journalists for Free Expression
Cartoonists Rights Network International
Center for Media Freedom and Responsibility
Committee to Protect Journalists
Egyptian Organization for Human Rights
English PEN
European Centre for Democracy and Human Rights
Foro de Periodismo Argentino
Freedom Forum
Freedom House
Free Media Movement
Front Line Defenders
Gulf Centre for Human Rights
Hisham Al Miraat, Founder, Moroccan Digital Rights Association
Human Rights Network for Journalists – Uganda
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
Instituto de Prensa y Libertad de Expresión – IPLEX
International Press Institute
Justice Human Rights Organization
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Watch
Norwegian PEN
Pacific Islands News Association
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Reporters Without Borders
Social Media Exchange – SMEX
Vigilance pour la Démocratie et l’État Civique

One year on from Charlie Hebdo, dissenting voices must be protected

On the anniversary of the brutal attack on the offices of Charlie Hebdo we, the undersigned, reaffirm our commitment to the defence of the right to freedom of expression, even when that right is being used to express views that some may consider offensive.

The Charlie Hebdo attack, which left 11 dead and 12 wounded, was a horrific reminder of the violence to which journalists, artists and other critical voices are subjected in a global atmosphere marked by increasing intolerance of dissent. The killings inaugurated a year that has proved especially challenging for proponents of freedom of opinion.

Non-state actors perpetrated violence against their critics largely with impunity, including the brutal murders of four secular bloggers in Bangladesh by Islamist extremists, and the killing of an academic, M M Kalburgi, who wrote critically against Hindu fundamentalism in India.

Despite the turnout of world leaders on the streets of Paris in an unprecedented display of solidarity with free expression following the Charlie Hebdo murders, artists and writers faced intense repression from governments throughout the year. In Malaysia, cartoonist Zunar is facing a possible 43-year prison sentence for alleged ‘sedition’; in Iran, cartoonist Atena Fardaghani is serving a 12-year sentence for a political cartoon; and in Saudi Arabia, Palestinian poet Ashraf Fayadh was sentenced to death for the views he expressed in his poetry.

Perhaps the most far-reaching threats to freedom of expression in 2015 came from governments ostensibly motivated by security concerns. Following the attack on Charlie Hebdo, 11 interior ministers from European Union countries including France, Britain and Germany issued a statement in which they called on Internet service providers to identify and remove online content ‘that aims to incite hatred and terror.’ In July, the French Senate passed a controversial law giving sweeping new powers to the intelligence agencies to spy on citizens, which the UN Human Rights Committee categorised as “excessively broad”.

This kind of governmental response is chilling because a particularly insidious threat to our right to free expression is self-censorship. In order to fully exercise the right to freedom of expression, individuals must be able to communicate without fear of intrusion by the State. Under international law, the right to freedom of expression also protects speech that some may find shocking, offensive or disturbing. Importantly, the right to freedom of expression means that those who feel offended also have the right to challenge others through free debate and open discussion, or through peaceful protest.

On the anniversary of the Charlie Hebdo attacks, we, the undersigned, call on all Governments to:

  • Uphold their international obligations to protect the rights of freedom of expression and information for all, and especially for journalists, writers, artists and human rights defenders to publish, write and speak freely;
  • Promote a safe and enabling environment for those who exercise their right to freedom of expression, and ensure that journalists, artists and human rights defenders may perform their work without interference;
  • Combat impunity for threats and violations aimed at journalists and others exercising their right to freedom of expression, and ensure impartial, timely and thorough investigations that bring the executors and masterminds behind such crimes to justice. Also ensure victims and their families have expedient access to appropriate remedies;
  • Repeal legislation which restricts the right to legitimate freedom of expression, especially vague and overbroad national security, sedition, obscenity, blasphemy and criminal defamation laws, and other legislation used to imprison, harass and silence critical voices, including on social media and online;
  • Ensure that respect for human rights is at the heart of communication surveillance policy. Laws and legal standards governing communication surveillance must therefore be updated, strengthened and brought under legislative and judicial control. Any interference can only be justified if it is clearly defined by law, pursues a legitimate aim and is strictly necessary to the aim pursued.

PEN International
ActiveWatch – Media Monitoring Agency
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre
ARTICLE 19
Bahrain Center for Human Rights
Belarusian Association of Journalists
Brazilian Association for Investigative Journalism
Bytes for All
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility
Comité por la Libre Expresión – C-Libre
Committee to Protect Journalists
Electronic Frontier Foundation
Foundation for Press Freedom – FLIP
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Globe International Center
Independent Journalism Center – Moldova
Index on Censorship
Initiative for Freedom of Expression – Turkey
Institute for the Studies on Free Flow of Information
Instituto de Prensa y Libertad de Expresión – IPLEX
Instituto Prensa y Sociedad de Venezuela
International Federation of Journalists
International Federation of Library Associations and Institutions
International Press Institute
International Publishers Association
Journaliste en danger
Maharat Foundation
MARCH
Media, Entertainment and Arts Alliance
Media Foundation for West Africa
National Union of Somali Journalists
Observatorio Latinoamericano para la Libertad de Expresión – OLA
Pacific Islands News Association
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
Reporters Without Borders
South East European Network for Professionalization of Media
Vigilance pour la Démocratie et l’État Civique
World Association of Community Radio Broadcasters – AMARC

PEN Mali
PEN Kenya
PEN Nigeria
PEN South Africa
PEN Eritrea in Exile
PEN Zambia
PEN Afrikaans
PEN Ethiopia
PEN Lebanon
Palestinian PEN
Turkish PEN
PEN Quebec
PEN Colombia
PEN Peru
PEN Bolivia
PEN San Miguel
PEN USA
English PEN
Icelandic PEN
PEN Norway
Portuguese PEN
PEN Bosnia
PEN Croatia
Danish PEN
PEN Netherlands
German PEN
Finnish PEN
Wales PEN Cymru
Slovenian PEN
PEN Suisse Romand
Flanders PEN
PEN Trieste
Russian PEN
PEN Japan

Azerbaijan: Anniversary of journalist’s arrest highlights unprecedented repression in 2015

Khadija Ismayilova

Khadija Ismayilova

On the eve of the anniversary of the arrest of journalist Khadija Ismayilova, members of the Sport for Rights coalition and the Civic Solidarity Platform underscore the unprecedented nature of the repression that has taken place in Azerbaijan in the year that has passed. The groups reiterate their call for the immediate and unconditional release of Ismayilova and Azerbaijan’s other political prisoners, and for the international community to take steps to hold the Azerbaijani government accountable for its human rights obligations as matter of urgent priority.

“Ismayilova’s arrest a year ago signalled an escalation of repression in Azerbaijan”, noted Karin Deutsch Karlekar, Director of Free Expression Programs at PEN American Center. “Independent voices are being silenced at an unprecedented rate, and we urge the authorities to cease the legal and extra-legal harassment of journalists and media outlets immediately”.

On 5 December 2014, prominent investigative journalist Khadija Ismayilova was arrested on charges of inciting a local man, Tural Mustafayev, to attempt suicide. Two months later, authorities slammed her with additional politicised charges of embezzlement, illegal business, tax evasion, and abuse of power. After eight months in pre-trial detention, Ismayilova’s trial started on 7 August at the Baku Court of Grave Crimes.

Ismayilova referred to the proceedings as an “express trial”, and observers noted it was rife with due process violations, with the judges rarely granting any motions made by the defence. During the trial, Mustafayev publicly told the court that prosecutors forced him to make a statement against Ismayilova, and withdrew his accusations. Additionally, Ismayilova’s lawyer told the court that her employer did not report any funds missing, that she was not authorised to hire or dismiss other journalists, and that she was not engaged in any commercial enterprise.

On 1 September, the court convicted Ismayilova of the charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office, and sentenced her to 7.5 years’ imprisonment. She was acquitted of the charge of inciting Mustafayev to attempt suicide. On 25 November, the Baku Court of Appeals upheld this conviction, and Ismayilova was transferred to Prison Number 4 on 27 November.

Sport for Rights considers the charges against Ismayilova to be politically motivated and connected to her work as an investigative journalist, particularly her exposure of corruption among the ruling elite. Sport for Rights believes that in jailing Ismayilova, the Azerbaijani authorities sought to silence her critical voice before the country faced increased international media attention during the inaugural European Games, which took place in Baku in June. For this reason, Sport for Rights has referred to Ismayilova as a “Prisoner of the Games”.

“Ismayilova’s imprisonment is emblematic of the Azerbaijani authorities’ repression of independent journalists and human rights defenders”, said Melody Patry, Senior Advocacy Officer at Index on Censorship. “Every day Ismayilova and the other political prisoners spend in jail is another reminder to the world that the Azerbaijani government fails to respect and protect the democratic principles and fundamental rights it has committed to upholding”.

Ismayilova is one of dozens of political prisoners in Azerbaijan. Other prominent cases include journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu; bloggers Abdul Abilov, Faraj Karimli, Omar Mammadov, Rashad Ramazanov, and Ilkin Rustamzade; human rights defenders Intigam Aliyev, Rasul Jafarov, Taleh Khasmammadov, Anar Mammadli, Arif Yunus, and Leyla Yunus; NIDA civic movement activists Rashadat Akundov, Mammad Azizov, and Rashad Hasanov; opposition activist Yadigar Sadikhov; and opposition REAL movement chairman Ilgar Mammadov.

Besides politically motivated arrests and imprisonment, the Azerbaijani authorities continue to employ a wide range of tactics as part of an aggressive crackdown to silence the country’s few remaining critical voices. Independent online television station Meydan TV has been a particular target, with its staff and their relatives threatened, detained, and otherwise pressured in connection with Meydan TV’s critical news coverage of Azerbaijan. Other independent NGOs and media including the Institute for Reporters’ Freedom and Safety and its online television project Obyektiv TV, as well as Radio Free Europe/Radio Liberty’s Baku office, have also been aggressively targeted over the past year.

In addition to the post-European Games crackdown, the Azerbaijani authorities also worked to silence criticism ahead of the 1 November parliamentary elections. For the first time, the elections took place with almost no credible international observers, and with the majority of the traditional opposition boycotting. Independent domestic observers reported widespread fraud, such as carousel voting and irregularities in the vote counting and tabulation process. Now, in the run-up to the Formula One European Grand Prix, which will take place in Baku in June 2016, the crackdown shows no signs of relenting.

These issues and more are detailed in a new Sport for Rights report, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, which also contains specific recommendations to the Azerbaijani authorities and the international community on urgent measures needed to improve the dire human rights situation in the country. Sport for Rights and the Civic Solidarity Platform particularly urge the international community to sustain focus on Azerbaijan over the coming months, when critical voices will need concrete support more than ever before.

Supporting organisations:

ARTICLE 19
Association of Ukrainian Human Rights Monitors on Law Enforcement
Canadian Journalists for Free Expression
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Civil Rights Defenders
Committee to Protect Journalists
Crude Accountability
Freedom Now
Front Line Defenders
Georgian Young Lawyers’ Association
Golos Svobody Public Foundation (Kyrgyzstan)
Human Rights House Foundation
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH), within the framework of the
Observatory for the Protection of Human Rights Defenders
International Partnership for Human Rights
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
Kosova Rehabilitation Centre for Torture Victims
Norwegian Helsinki Committee
PEN American Center
People In Need
Platform
Promo-LEX (Moldova)
Public Verdict Foundation (Russia)
Reporters Without Borders
Sova Center for Information and Analysis (Russia)
World Organisation Against Torture (OMCT), within the framework of the
Observatory for the Protection of Human Rights Defenders

Free expression groups call on Turkey to release Mohammed Ismael Rasool

H.E. Recep Tayyip Erdoğan
President of the Republic of Turkey
T.C. Cumhurbaşkanlığı Genel Sekreterliği
06689 Çankaya, Ankara
Turkey

Dear President Erdoğan,

We, the undersigned free expression organisations, call for the immediate and unconditional release of Mohammed Ismael Rasool, a Kurdish fixer for VICE News. Rasool has remained imprisoned in Turkey on charges of “aiding a terrorist organization” for over two months despite the release of two British colleagues with whom he was initially detained.

Rasool, correspondent Jake Hanrahan, and cameraman Philip Pendlebury were all taken into police custody in the city of Diyarbakir, on 27 August while covering the current conflict in southeastern Turkey for VICE News. Specifically, they were reporting on clashes between Turkish security forces and the Patriotic Revolutionary Youth Movement, the youth wing of the outlawed Kurdistan Workers’ Party (PKK).

The lawyer representing Rasool, Hanrahan and Pendlebury has stated that the police responded to a tipoff by an anonymous caller who alleged that they were assisting the Islamic State of Iraq and the Levant (ISIL). Following their detention, the journalists were questioned by anti-terrorism police, and on 31 August, all three were charged on baseless and false accusations using Turkey’s broad anti-terrorism laws. On 3 September, Hanrahan and Pendlebury were released, while Rasool continues to languish in prison.

We add our voice to communities, organisations and governments around the world calling for Rasool’s immediate release. A petition created by the Committee to Protect Journalists (CPJ) has obtained over 80,000 signatures so far, and PEN International, along with almost 80 writers, journalists and press freedom organisations, have published an open letter to President Erdoğan. The United States Department of State has also called on Turkey to uphold due process for Rasool.

From 19 to 21 October 2015, a joint emergency mission to Turkey was conducted to investigate the status of press freedom and free expression in the country. Representatives from international, regional and local groups involved in the mission found that the pressure on journalists operating in Turkey has sharply escalated in the time between the 7 June parliamentary elections, which resulted in a hung parliament, and the recent election held on 1 November. The mission determined that such pressure has severely affected the ability of journalists to report independently and freely, which may in turn have had a critically negative effect on the ability of voters in Turkey to share and obtain important information, and therefore engage fully in the democratic process.

Broadly worded anti-terror and penal code statutes have allowed Turkish authorities to conflate the coverage of banned groups like the PKK with terrorism or other ‘anti-state’ activity. As a result, journalists seeking to objectively cover PKK activities have often beenimprisoned or obstructed. The use of these anti-state offense charges is just one way that the Turkish media is being intimidated and silenced in an increasing and long-term crackdown on legitimate journalism.

Media personnel must be allowed to operate freely without fear of unfounded persecution. We express solidarity with all of the journalists operating in Turkey, including Rasool and the other journalists imprisoned in the country. We, the undersigned, call on President Erdoğan and the Turkish authorities to drop all charges against Mohammed Ismael Rasool and ensure his immediate release. We further call for increased efforts to hold those responsible for violations of, and attacks on, free expression rights, and press freedom in the post-election environment and beyond.

Signed,

ARTICLE 19
Albanian Media Institute
Association for Civil Rights
Canadian Journalists for Free Expression
Cartoonists Rights Network International
Child Rights International Network
Committee to Protect Journalists
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
International Federation of Journalists
International Publishers Association
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Watch
Pacific Islands News Association
Pakistan Press Foundation
PEN American Center
PEN Canada
PEN International
Privacy International
Public Association “Journalists”
Reporters Without Borders
Social Media Exchange – SMEX
World Association of Newspapers and News Publishers

Canadian Association of Journalists
Canadian Media Guild
Centre for Law and Democracy
International Partnership for Human Rights
Newspapers Canada
Openmedia
Platform London
VICE
VICE News