The free speech Euros: Group C

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Razvan Pasarica/SPORT PICTURES/PA Images

North Macedonia fans at Euro 2020. Razvan Pasarica/SPORT PICTURES/PA Images

In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?

It’s simple, the worst is ranked first.

We continue today with Group C, which plays the deciding matches of the group stages today.

1st Ukraine

Ever heard of the “Information War”? It is probably the biggest threat to freedom of speech in Ukraine and consumes most of the attention directed towards the state where there is often a distinct lack of freedom of expression. The information war between Russia and Ukraine is supposedly solely pro-Russian propaganda, but recent trends show that Ukraine is just as guilty of press freedom violations in this area.

The former Index employee currently detained in his native Belarus Andrei Aliaksandrau explained the tensions and Information War between the two countries back in 2014.

He wrote: “The more you lie, the less you need to shoot. And if you are very good at propaganda, you don’t need to shoot at all to win a war. The principles of an information war remain unchanged: you need to de-humanise the enemy. You inspire yourself, your troops and your supporters with a general appeal which says: “We are fighting for the right cause – that is why we have the right to kill someone who is evil.””

Essentially, propaganda between the two has forced true, fact-checked information to become secondary to a slanging match that has accompanied a territorial dispute between Russia and Ukraine over Crimea.

Ukrainian law stripped three Russian state TV channels of their licences in February earlier this year and they can no longer be shown in Ukraine.

At the time Jeanne Cavelier, the head of RSF’s Eastern Europe and Central Asia desk said:Even if the desire to combat propaganda is legitimate, it does not justify the use of censorship, and banning these TV channels is liable to stir up violence against journalists. This violation of freedom of expression violates Ukraine’s international obligations.” 

The situation has also created an atmosphere in which journalists can be targeted and physically attacked. Eight journalists have been killed in Ukraine since 2014, according to the Committee to Protect Journalists, four of them seemingly in a crossfire between Ukrainian and pro-Russian separatist forces.

The most recent killing was in 2019 with the death of Vadym Komarov, killed after a Facebook post revealed that he planned to publish allegations of corruption within local authorities.

Komarov was found in the city of Cherkasy, central Ukraine, with blunt trauma injuries to the head on 4 May 2019, he died in hospital on 20 June.

2nd North Macedonia

In North Macedonia, journalists are no stranger to threats and harassment. This, added to the actions of corrupt officials leads to what Reporters Without Borders (RSF) describes as a “culture of impunity”.

Violent threats towards reporters are common. Journalist Miroslava Byrns was subjected to threatening messages online after reporting on a wedding with 200 guests in the town of Tetovo, during the Covid-19 pandemic in July 2020. Byrns received one message that read “you will see what will happen to you” and was given 24-hour police protection in response.

Similarly, journalist Tanja Milevska received equally disgusting abuse after questioning the use of “Macedonia” by Hungarian Prime Minister Viktor Orbán. The country’s name was changed in 2019, ending a long running dispute with Greece.

As a result, Milevska received a variety of awful online threats and abusive messages, including those of rape and graphically detailed violence.

Threats, sadly, are indicative of a culture of targeting bred by some North Macedonian officials.

In February 2020, then assistant head of department at North Macedonia’s Central Registry Emil Jakimovski, sent threats that included sexual comments to Meri Jordanovska and Iskra Korovesovska, the deputy editor of news website A1on and editor-in-chief of local broadcaster Alfa TV respectively. Jakimovski was later sacked.

The incident was not unusual. In 2019, local government staffers in the town of Aračinovo attempted to force a journalist and cameraman from TV21 to delete camera footage of interviews with local residents after requesting an interview with Mayor Milikije Halimi.

The two were locked in a room before being forcibly driven to the TV21 headquarters.

There is general distrust between the media and government. In 2015, the Macedonian government were found to have been wiretapping citizens, as well as over 100 journalists. The scandal led to the downfall of the then government.

It was found that the government was using the spying software FinFisher. FinFisher, according to Computer Weekly, is “a sophisticated and easy-to-use set of spying tools that is sold only to governments”.

Use of this technology is a clear violation of the rights of North Macedonian journalists to report without fear or intimidation.

3rd  Austria

Most of the concerns around free speech in Austria arise due to defamation suits.

Strategic lawsuits against public participation (Slapps) are common in Austria. Slapps are a type vexatious defamation lawsuit usually aimed at journalists by large corporations or governments. The aim is to stop the journalist from publishing certain information, or pressure them with court cases that are time consuming and extremely costly.

According to Georg Eckelsberger of the investigative media outlet Dossier, letters threatening legal action are often received by journalists in Austria.

In 2017, for example, vice president of the autonomous province Bolzano in Italy and its minister for agriculture Arnold Schuler filed a Slapp against the Jurek Vengels and the Munich Environmental Insititue (MEI) and author Alexander Schiebel. The MEI and Schiebel had helped uncover the use of dangerous pesticides by farmers in Germany.

Commissioner for human rights of the Council of Europe Dunja Mijatović cited the case in expressing her concerns over Slapps. She said: “While this practice primarily affects the right to freedom of expression, it also has a dramatic impact on public interest activities more broadly: it discourages the exercise of other fundamental freedoms such as the right to freedom of assembly and association and undermines the work of human rights defenders.”

The non-profit organisation Freedom House pointed towards libel laws protecting politicians from proper questioning, particularly members of the right-wing populist party, the Freedom Party of Austria (FPÖ). The FPÖ have been responsible for the targeted bullying of Austrian journalists.

A growing trend in the country is also tensions between press and anti-lockdown protesters, something that has been echoed across Europe (BBC Newsnight political editor Nick Watt was hounded outside Downing Street only last week).

On 6 March 2021, several photojournalists covered anti-lockdown demonstrations in the Austrian capital of Vienna. Once again, the FPÖ were heavily involved and signs and placards were seen that read “the lying press”.

4th Netherlands

The Netherlands’ record on free speech is generally good.

Perhaps one of the clearest developments regarding free speech in the Netherlands in recent years is the court case involving the online abuse of journalist Clarice Gargard.

The case, which took two years to reach a judgement, saw 24 people convicted of incitement, insult and discrimination after Gargard was abused during a live stream of a protest she took part in against Zwarte Pieta, a blackface caricature part of traditional Christmas celebrations in the Netherlands.

The case, which journalist Fréderike Geerdink wrote about for Index in the recent winter edition of the magazine, was a landmark moment in retributory action taken against those threatening journalists in the country.

The case exists now as a precedent that may deter people from sending the kind of racist and sexist abuse Gargard was subjected to.

Freedom of speech is protected by the Dutch constitution but is not absolute and it is the incitement law that is contentious. Dutch people can be charged with incitement even if the comment is in relation to an inanimate object.

Generally, however, there is little to stop someone one the Netherlands, legislatively speaking, from speaking out. Also, on the case of incitement, 70 to 90 per cent of cases don’t go to trial, according to an article by The New Republic.

That said, the International Press Institute (IPI) has expressed concern over an increase in threats to reporters after government-imposed coronavirus curfew restrictions. A number of senior reporters in news organisations have noticed increasingly threatening attitudes towards journalists during the pandemic. Partly, some believe, due to conspiracy theorists equating government restrictions such as lockdowns a face masks being supposedly due to a media narrative.

They said: “In 2020, monitoring groups in the Netherlands charted a significant increase in threats and acts of aggression against journalists, with figures nearly trebling on the previous year from 52 to 141. While this may in part be down to the success of the new PressVeilig (Press Safety) hotline – a joint initiative of the NVJ, the Association of Editors-in-Chief, the Police and the Public Prosecution Service – editors have still noted a clear increase in hostility.”

Other Groups

Group A

Group B

Group D

Group E

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Whistleblower Jonathan Taylor releases further allegations of corruption

[vc_row][vc_column][vc_column_text]An oil industry whistleblower who has been held in Croatia for almost a year on extradition charges has revealed further explosive claims about his former employer.

Jonathan Taylor, who in 2013 revealed a bribery and corruption scandal at the Monaco-based Dutch oil company SBM Offshore, claims the company was also involved in a deal which saw tens of millions of dollars promised to a Panamanian company run by a powerful and allegedly corrupt Angolan official. 

Taylor released documents to whistleblowing networks and the media which show that British oil company BP had paid $100 million to cancel a shipyard construction project in Angola. A third of the money owed from the cancellation of the deal to build floating oil platforms was earmarked for Sonangol International Inc, run by Baptiste Sumbe. There was no suggestion this agreement was reached with BP’s knowledge or consent.

Taylor’s revelations come as he approaches the anniversary of his arrest on an Interpol red notice while on holiday in Croatia with his wife and three teenage children. Taylor says he is being targeted as retaliation for his whistleblowing.

In 2013, Taylor gave evidence of bribery by SBM Offshore, for whom he worked as a lawyer, to the UK Serious Fraud Office, as well as investigators in the Netherlands and Brazil as well as the FBI.

Taylor’s allegations were at the centre of what became known as the “Petrobras scandal”, where SBM was accused of paying bribes to Brazilian government officials.

As a result of Taylor’s whistleblowing, SBM Offshore was fined over $827 million after being found to have used bribery payments in excess of $275 million.

Taylor now faces extradition to Monaco. On 18 May this year, despite a 10-month long appeal since his detention, the Supreme Court of Croatia issued a judgement confirming the extradition. In response, 40 legal experts, NGOs and campaigners signed an open letter calling for the extradition to be halted. The decision currently rests with Croatian justice minister Ivan Malenica, to whom the letter was addressed.

Taylor is also being targeted with a defamation suit in the Dutch courts, which many consider to be a strategic lawsuit against public participation or SLAPP. The company sought a public apology and damages of €630,000. The claim was not upheld in the Dutch courts, but Taylor faced lengthy and costly court dealings.

He was released on bail on 4 August 2020 and, although Interpol’s red notice has now been withdrawn, Taylor has been forced to remain in Croatia and is facing extradition to Monaco so he can be “interrogated” over alleged offences.

Taylor has been targeted by SBM ever since he blew the whistle on them.

In 2014, his former employers made a complaint to the authorities in Monaco that Taylor had attempted to extort them but could provide no evidence of this and have since withdrawn the complaint.

Taylor’s situation means there has been concern over his mental health. When British diplomats raised these concerns in response to the lawyer’s own fears, he was held in a psychiatric hospital overnight against his will in May earlier this year.

He described the experience, stating that a substance was “forcibly injected” into him.

“Shortly after this I was taken to a room, still cuffed, where I was strapped to a bed by my feet and legs and my hands,” he said. “I then refused unidentified tablets and was invited to swallow them whilst someone held a cup of water to my mouth. I refused. I was then forcibly turned and something was injected into my upper thigh.”

As the anniversary of Taylor’s arrest approaches, whistleblowing charity Protect has called on the UK government to take further action. It has currently only sought only sought assurances that Taylor will be treated fairly if extradited, but has not called on Monaco to withdraw the extradition request.

Andrew Pepper-Parsons, head of policy at Protect, said These latest disclosures from Jonathan Taylor show just how vital whistleblowers are to revealing corruption. Despite this, Taylor has been held in Croatia for months facing extradition on baseless claims. It is a clear abuse of process which threatens to set back whistleblowing years and sends a terrifying message to whistleblowers across the continent. The UK government needs to take a more robust stance. It must secure Taylor’s safe return home and call on the Monegasque authorities to drop the extradition”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”256″][/vc_column][/vc_row]

Urgent letter to Croatian Minister of Justice: Do not extradite whistleblower Jonathan Taylor

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Mr. Ivan Malenica

Minister of Justice

Ulica grada Vukovara 49

Maksimirska 63

10 000 Zagreb

Republic of Croatia

 

Tuesday 18 May 2021

 

Dear Minister,

Jonathan Taylor is a whistleblower; he is a witness to a crime who has cooperated with law enforcement bodies in seven different jurisdictions and should be protected as such.  He has been in Croatia for nearly 10 months appealing against a request for extradition from Monaco.  Now that the Supreme Court of Croatia has issued its judgment, the final decision on whether or not to extradite Mr. Taylor is up to you, the Minister of Justice.

The Supreme Court of Croatia fully recognises Mr. Taylor’s status as a whistleblower and for the reasons we set out below, we urge you, the Minister of Justice, to refuse Monaco’s abusive request to extradite Mr. Taylor to Monaco and to allow him to return home to the United Kingdom immediately.  

Mr. Taylor is a British national who, during the course of his employment as a lawyer for the Dutch-listed oil industry firm SBM Offshore N.V., with its main office in the Principality of Monaco, uncovered one of the largest corruption and bribery scandals in the world that resulted in criminal investigations in the United Kingdom, United States of America, Netherlands, Switzerland and Brazil. His evidence contributed to the company paying fines amounting to over US$800 million and, to date, the imprisonment of three individuals directly involved in the scandal, including the former CEO of SBM Offshore N.V.

Monaco to date has failed to initiate a single criminal investigation into highly credible and well documented allegations of bribery and corruption on the part of SBM Offshore.  Instead, it has targeted the one person who blew the whistle and brought public scrutiny to such widespread financial crimes.

On 30 July 2020, over eight years after blowing the whistle on corruption, Jonathan travelled to Dubrovnik, Republic of Croatia for a family holiday.  He was arrested at the airport on the basis of a communication issued by Monaco on what was originally stated to be allegations of bribery and corruption. Not only do these allegations have no proper basis in law or fact and constitute an abuse of process but crucially, Mr. Taylor, his lawyers and the Croatian Courts have since been informed in writing that Mr. Taylor is wanted for questioning to determine whether or not to charge him.

At no stage did the law enforcement or judicial authorities in Monaco seek his extradition from the United Kingdom, where Mr. Taylor has lived since 2013, until he was apprehended in Dubrovnik, for the very reason that they knew it would not succeed.

Mr. Taylor has made it clear since 2017, when he first became aware that his former employer, the Dutch listed SBM Offshore N.V. had lodged a criminal complaint in Monaco three years earlier, that he would answer any questions the authorities had of him from the United Kingdom, either remotely or in person.  And since his unlawful detention in Croatia, the offer to answer questions there has been repeated on the agreement that he is able to return home to the United Kingdom.

For Jonathan to be returned to Monaco to face questioning in order to determine whether charges should be laid amounts to a clear act of retaliation for his having disclosed the corrupt practices of a major offshore oil firm and one of the largest private sector employers in the small principality.

In March 2021, after the Supreme Court of Croatia partially upheld a second appeal against extradition, the Dubrovnik court was ordered to seek further clarification from the Monegasque authorities regarding the status of the criminal proceedings for which Mr. Taylor was allegedly charged.  A letter from the Director of Judicial Services in Monaco sent on 1 March 2021 confirmed there Mr. Taylor is not charged with anything as there are no criminal proceedings, nor is there any execution of a judgement for which he is wanted – which are the only two valid legal bases for seeking extradition.  In fact, Interpol confirmed yet again on the 23rd March 2021 that Mr. Taylor is no longer subject to Interpol Red Notice. This after Monaco withdrew the arrest warrant in December 2020.

Further, now that Mr. Taylor’s status as a whistleblower has been confirmed by the Supreme Court of Croatia, even if the Minister accepts that conditions for extradition have been met, in light of Croatia’s duties and obligations under the EU Directive on the protection of whistleblowers and the clearly retaliatory nature of the Monegasque request to extradite Mr. Taylor for questioning, we humbly submit that the decision by the Minister should be to reject it.

Croatia is part of the European Union and one of the 27 Member States which must transpose the EU Directive on the protection of whistleblowers into its national legal system by December 2021. The Directive seeks to harmonise protections for those who report wrongdoing and corruption across Europe. It is crucial that Croatia upholds both the spirit and obligations of the Directive to ensure that whistleblowers are protected by law and this includes ensuring they are immune from civil and criminal liability for having blown the whistle. In a case of such serious corruption like this one, it is essential that vital anti-corruption whistleblower protections do not fall down between borders. To do otherwise, allows those involved in corruption to send a chilling warning to whistleblowers and investigative journalists across the globe that undermines all the efforts of the European Union and the Croatian Government to prevent and root out the corruption that undermines the fabric of its societies and the well-being of its people.

For these very important reasons, and because of his protected status as a whistleblower, we, the undersigned, urge you, the Minister of Justice, to uphold the Rule of Law, reject the extradition order and allow Jonathan Taylor to return home immediately.

Yours sincerely,

Anna Myers, Executive Director, Whistleblowing International Network

on behalf of the Jonathan Taylor Support Committee

With support from:

Access Info Europe (Spain/Europe)

African Centre for Media & Information Literacy (Nigeria)

ARTICLE 19 (United Kingdom)

Blueprint for Free Speech (Australia)

Campax, Switzerland

Center for Whistleblowers Protection (Slovenia)

Centre for Free Expression (Canada)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

FIND – Financial Investigations (UK)

Free Press Unlimited (Netherlands)

General Workers Union Portugal (UGT-P)

GlobaLeaks (Italy)

Guernica 37 International Justice Chambers (United Kingdom)

Human Rights House Zagreb (Croatia)

Le Réseau Panafricain de Lutte contre la Corruption (UNIS)

Maison des Lanceurs d’Alerte (France)

OBC Transeuropa

Parrhesia Inc (UK)

Pištaljka (Serbia)

Protect (United Kingdom)

South East Europe Media Organisation (SEEMO), (Austria)

SpeakOut SpeakUp Ltd (United Kingdom)

Terra Cypria-the Cyprus Conservation Foundation (Cyprus)

The Daphne Caruana Galizia Foundation (Malta)

The Signals Network (USA/France)

Transparency International (Secretariat, Germany)

Transparency International Bulgaria

Transparency International EU

Transparency International Ireland

Transparency International Italia

Transparency International Slovenia

Vanja Jurić, Attorney at law (Croatia)

WBN – Whistleblower Netzwerk (Germany)

Whistleblowers UK

 

 

Baroness Kramer, Co-Chair of the All Party Parliamentary Group on Whistleblowing

Dr John O’Connor Physician and Whistleblower (Canada)

Martin Bright, Editor, Index on Censorship (United Kingdom)

Peter Matjašič, Senior Program Officer, Open Society Initiative for Europe (OSIFE)

Professor David Lewis, Middlesex University. (United Kingdom)

Professor Wim Vandekerckhove, University of Greenwich (United Kingdom)

Susan Hawley, Executive Director, Spotlight on Corruption (UK)

Thomas Devine, Legal Director, Government Accountability Project (USA)

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British whistleblower held overnight in Croatian psychiatric hospital

[vc_row][vc_column][vc_single_image image=”116596″ img_size=”full” add_caption=”yes”][vc_column_text]A British oil industry whistleblower was detained last night by armed police in Zagreb and held overnight against his will in a psychiatric hospital after British diplomats raised concerns about his mental health.

Jonathan Taylor has been stranded in Croatia since July last year, when he was arrested while entering the country for a holiday with his family. The authorities in Monaco, where he worked for oil company SBM Offshore, have accused him of extortion and requested his extradition to the Principality. He is awaiting a decision from the Croatian Supreme Court this week.

In 2013, Taylor blew the whistle on a multimillion dollar network of bribery payments made by SBM around the world and cooperated with prosecutors in the UK, the US, Brazil and the Netherlands. These investigations resulted in fines against the company to the tune of $827 million and the conviction of two former CEOs of SBM for fraud-related offences. However, Monaco has decided to target the whistleblower rather than those responsible for the bribes.

Freedom of expression organisations, including Index on Censorship, have been lobbying the British government to put pressure on Monaco and Croatia to allow Taylor to return England where his family is now based. Media Freedom Rapid Response partners have demanded an end the extradition proceedings.

Taylor had alerted the British Embassy and the Sofia-based regional consul last Friday about his deteriorating mental health and was asked to put his thoughts into writing. This set off a train of events in Zagreb that Jonathan Taylor relates in his own words here:

“I was met by two armed officers at the roadside to the entrance of the forecourt to my apartment at about 9:15pm last night. I was told I had to wait with them until a psychiatrist arrived in an ambulance. After about 45 minutes we went up to my apartment as it had started raining and the ambulance still hadn’t arrived.

“At about 10:15pm the ambulance drivers arrived and joined the two policemen in my apartment. I was then told I had to accompany them to hospital. I protested stating I had been told a psychiatrist would come to me. I made it clear I was not prepared to leave the apartment. Then four more other armed officers arrived. I again explained I was not happy to go to hospital (see picture top).

“Eventually two of the armed officers manhandled me to the ground causing my head to hit a wall and a resulting headache. I was the cuffed with face against the floor and manhandled out of my apartment into an ambulance where I was strapped into a stretcher. Upon arrival at hospital (no idea where I am) I was dragged out of ambulance and sat on a chair just inside the door to the hospital. I was left there under guard, still handcuffed, for about 30 minutes.

“A lady came to see me (apparently a psychiatrist, but she did not introduce herself) and she asked a few basic questions like ‘why did I arrive with the police?’ and ‘how long had they been following me?’ (!).

“Shortly after this I was taken to a room, still cuffed, where I was strapped to a bed by my feet and legs and my hands. I then refused unidentified tablets and was invited to swallow them whilst someone held a cup of water to my mouth. I refused. I was then forcibly turned and something was injected into my upper thigh. It was now at least 12:30am. At about 6:30am, again against my will, I had a further injection. Another psychiatrist came to see me at about 10:15am and she determined I could go…

“A smiling male nurse has just prodded my arm saying ‘everything will be OK, don’t hate Croatia now!” I have just discovered that I am at the University Hospital Vrapte. What to say?…Where I was looking for help, I got one of the worst twelve-hour experiences of my life.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”256″][/vc_column][/vc_row]