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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:
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
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
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
Ukrainian President Petro Poroshenko signed a decree on Wednesday 16 September banning at least 38 international journalists and bloggers from Ukraine for one year. The decree, published on the presidential website, says those listed are banned for being “actual or potential threat to national interests, national security, sovereignty and territorial integrity of Ukraine.”
Poroshenko said the people targeted were involved in Russia’s 2014 annexation of Crimea and the current aggression in eastern Ukraine.
“This ban is a serious blow to media freedom,” Index senior advocacy officer Melody Patry said. “There is no explanation whatsoever on what press coverage constitutes an actual or potential threat to national security. We appreciate that the situation in eastern Ukraine is sensitive but preventing journalists from reporting from within the country is not the solution and it’s undermining freedom of information.”
The Committee to Protect Journalists reports that the 34 journalists and seven bloggers named in the ban come from Bulgaria, Estonia, Germany, Hungary, Israel, Kazakhstan, Latvia, Macedonia, Moldova, Poland, Russia, Serbia, Slovakia, Spain, Switzerland and the United Kingdom.
The original list included three BBC media staff members – Moscow correspondent Steve Rosenberg, producer Emma Wells and cameraman Anton Chicherov – who were later removed from the ban list, media reported.
“We cannot accept that kind of censorship”, said Mogens Blicher Bjerregård, president of the European Federation of Journalists. Censorship is never the right answer, even to counter propaganda or to sanction journalists who allegedly crossed the Russian-Ukrainian border illegally. The ban is simply inappropriate. Peace and Development of our democracies need press freedom not banning journalists. We and the international society must firmly urge the Ukraine government to lift immediately the ban on named journalists.”
Over 380 people in total have been banned, including activists and Russian officials.
This measure was added to the Mapping Media Freedom platform, which monitors and map threats and violations to media freedom in Europe, including Ukraine and Russia.
The environment for media freedom in Ukraine has been deteriorating against the backdrop of the conflict in the eastern part of the country, making it one the the deadliest countries for journalists, with at least eight media workers killed since the beginning of 2014.
This statement was updated to reflect the later removal of three BBC journalists from the ban list.
Mapping Media Freedom
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