31 May 2018 | Mapping Media Freedom, Media Freedom, News and features
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From the beginning of 2017 until April 2018, 143 reports of blocked access, in which journalists were expelled from a location or prevented from speaking to a source, were submitted to Index on Censorship’s Mapping Media Freedom project. Out of the 25 countries in which such violations have occurred, the five worst were: Ukraine, Russia, Belarus, Turkey and France.
“Mapping Media Freedom has highlighted is a continual prevention of journalists from doing their job by way of blocked access,” Joy Hyvarinen, head of advocacy at Index on Censorship, said. “For the sake of the public’s right to know, journalists must be granted access in order to eliminate the problem of important issues going underreported.”
Ukraine
With 20 separate incidents of blocked access, Ukraine tops the list. Thirteen of the reports involved Russian or Georgian media outlets, highlighting the tension between the three countries, with November 2017 being the busiest month, with five violations recorded. At least 12 journalists were barred from entering the country in the last 15 months, with another six being deported. Among those deported was Georgian television channel Rustavi-2 journalist Tamaz Shashvishvili, who was forcibly detained in November 2017 by around 15 armed members of Ukraine’s security services who stormed his apartment, hit him in the face with a pistol and blindfolded him.
In another case, two Spanish journalists were deported to the Netherlands in August 2017 and banned from entering the country for three years after being detained for about 20 hours at Kyiv International Airport. They say they were treated like “criminals” and blacklisted from the country until 2020. A spokeswoman for the Ukrainian secret service said that the journalists were barred because of their “activities that contradict the national interest of Ukraine”.
Russia
In Russia, journalists were denied access on 18 occasions, including 10 times from courtrooms and state assemblies. In March 2018, while live reporting from the Dzerzhinsky District Court of St. Petersburg, Sasha Bogino, a correspondent for the online news site Mediadzona, and her colleague photographer David Frenkel were dragged from the hall. In January 2018, journalists were barred from former Kirov governor Nikita Belykh’s court hearing for bribery.
In January 2018, investigative website Russiangate was closed down three hours after publishing an article claiming to have traced expensive properties to director of Russian secret service FSB Aleksandr Bortnikov, following a request of the General Prosecutor’s Office. Editor-in-chief Aleksandrina Elagina was subsequently dismissed from her position, with investors pulling funding for the site causing it to close.
Belarus
In Belarus eight cases, usually with inadequate explanation, were reported. Pavel Dailid, a journalist for the website Pershy Regiyon, was barred from reporting at a local council meeting in December 2017, when deputy chairman of the Ivatsevichi district Ideology department Aliaksandr Velikaselets demanded to see “an accreditation by the local government” despite the council meeting being as open to the public. In another case, a correspondent for the independent newspaper Hazeta Slonimskaya was barred from local meeting in May 2017 by a government official who stood in front of the entrance calling the paper biased. The journalist was invited to the meeting by local residents.
Photojournalists have also been targeted. In July 2017 city authorities in Babruisk banned photography and filming during Belarus’ Independence Day. Journalists for the newspaper Bobruiski Courier and others, therefore, had no opportunity to photograph the festivities during the public holiday. Two months later a journalist was denied accreditation by the Foreign Ministry for the eighth time. The ministry noted that Victar Parfionenka’s accreditation had been rejected because he “had carried out journalistic activities on behalf of a foreign media outlet without accreditation of the Ministry of Foreign Affairs in Belarus”.
Turkey
In the seven out of nine reports from Turkey, access to a number of websites and TV stations was denied. Sendika, a left-wing labour-oriented news website, has been blocked 23 times in all. In January 2018 access to five news websites was banned, including feminist and pro-Kurdish news website jinnews.org, over a report on the murder of three Kurdish women in Paris in January 2013. Access to daily-German newspaper BILD was blocked online in February 2017 after its harsh criticism of the arrest of German-Turkish reporter Deniz Yucel, a correspondent for daily newspaper Die Welt. Kurdish-language newspaper Rojava Medya was also blocked online in May 2017, most likely for its position as the informal successor of Azadiya Welat, which was shut down under State of Emergency rules introduced after the coup attempt on 15 July.
France
Eight reports of blocked access were reported in France. With a presidential election underway in 2017, five of these involved journalists being denied access to candidates, usually by force.
In April 2017, two Buzzfeed News journalists, David Perrotin and Paul Aveline, were physically prevented from filming a meeting with Francois Fillon. The journalists were filming two people who had interrupted a meeting with Filion when security personnel grabbed the men, threatened them and demanded they delete their footage. It was only when the journalists threatened to write an article about the incident that security backed off.
A similar incident occurred in February 2017 when three journalists were violently expelled from a conference with Marine Le Pen, president of the National Front. Working for the daily current affairs show Quotidien, the journalists were violently kicked out of a conference after attempting to ask Le Pen a question about claims she had misused European Parliament funds to pay her bodyguards. Before journalist Paul Larrouturou could finish his question, he was grabbed, ejected by security and was prevented, along with his two colleagues, to regain access, despite his official accreditation. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1528726702751-832c0106-cd52-7″ taxonomies=”6564″][/vc_column][/vc_row]
24 May 2018 | Campaigns -- Featured, Press Releases
[vc_row][vc_column][vc_single_image image=”100566″ img_size=”full”][vc_row_inner][vc_column_inner width=”1/3″][vc_single_image image=”74586″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/3″][vc_single_image image=”88957″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/3″][vc_single_image image=”100560″ img_size=”full”][/vc_column_inner][/vc_row_inner][vc_column_text]International human rights lawyers Doughty Street Chambers have lodged a complaint to the United Nations on behalf of Egyptian campaigner Amal Fathy, her husband and their son after the family was seized by police.
Ms Fathy and her husband Mohamed Lotfy, co-founder of award-winning human rights group the Egyptian Commission for Rights and Freedoms, were arrested by police in the early hours of May 11. Their Cairo apartment was raided by armed police, searched and Ms Fathy, Mr Lotfy and their two year-old son Zidane taken to a police station.
Mr Lotfy and Zidane were released several hours later but Ms Fathy remains in custody. The trigger for the arrests was said at the time to be a short 12-minute Facebook video posted by Ms Fathy in which she complained about having been sexually harassed at a bank and the difficulties of being a woman in Egypt. Ms Fathy has since been charged with membership of a terrorist organisation.
“Unfortunately, the case of Mr Lotfy, his son, and Ms Fathy, are not isolated, nor in many ways surprising,” said Caoilfhionn Gallagher QC, one of the lawyers acting for the family. “Over the past several years, many Egyptian human rights defenders, bloggers and journalists have been subjected to state harassment, disproportionate police and judicial treatment, and arbitrary curtailment of their most fundamental rights.”
Ms Fathy is a communications student and former activist and actress who is active on social media, especially Facebook, where she advocates and expresses her views on ongoing issues in Egypt especially on women’s rights.
Mr Lotfy leads the Egyptian Commission for Rights and Freedoms, which coordinates campaigns for those who have been tortured or disappeared. Between August 2016 and August 2017, the ECRF documented 378 cases of enforced disappearance, many of them concerning students.
Caoilfhionn Gallagher QC and Jonathan Price of Doughty Street Chambers have submitted their complaint on the treatment of Mr Lotfy and his son, and the continued detention of Ms Fathy, to the UN rapporteurs on freedom of expression and human rights defenders. The complaint has been lodged jointly with ECRF and freedom of expression organisation Index on Censorship, which in April awarded ECRF one of its Freedom of Expression Awards Fellowships.
“We have grave concerns given the inevitable lack of due process for Ms Fathy. We also have serious concerns for her wellbeing given the likelihood of prolonged detention, away from her young son, and for the wellbeing of Zidane himself, removed from his primary carer,” said Index on Censorship CEO Jodie Ginsberg.
Egypt has seen an escalation in violence against women and prominent women human rights defenders and activists are routinely harassed and silenced by the authorities. A 2017 poll named Cairo as the most dangerous major city for women.
The organisations have asked the rapporteurs to:
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- gather, request, receive and exchange information and communications from the Egyptian Government in relation to this case;
- publicly make concrete recommendations to the Egyptian authorities on their duty to adhere to their international obligations; and
- issue an opinion finding that Egypt has failed to adhere to its own obligations, and violated the rights of the complainants, under international law.
For more information, please contact Joy Hyvarinen at Index on Censorship: [email protected]. [/vc_column_text][vc_separator][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_single_image image=”97988″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2018/04/campaigning-fellow-2018/”][/vc_column][vc_column width=”1/2″][vc_column_text]
Egyptian Commission for Rights and Freedoms
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22 May 2018 | News and features, Turkey
[vc_row][vc_column][vc_single_image image=”81952″ img_size=”full” alignment=”center”][vc_column_text]While the scale of Turkey’s crackdown on freedom of expression in the post-coup-attempt emergency rule era has been intense, the assault on dissenting voices predated the failed putsch.
Whether it they were Kurdish writers at the turn of the decade, or worked for Feza Publications just months before the night elements of the military betrayed their fellow Turks, journalists that offered alternative viewpoints were long in president Recep Tayyip Erdogan’s crosshairs.
In the case of Feza’s popular publications — among them Zaman and the English-language Zaman Daily — which had been raided and its employees arrested on several occasions since 2014 as the shakey rule of law eroded in Turkey. In a March 2016 move that was condemned internationally, Feza Publications was targeted with the imposition of government-appointed trustees. This resulted in the termination of hundreds of media professionals from journalists to advertising reps and the literally overnight change from independent and critical outlets to government propaganda sheets.
An appeal on the takeover of Feza was made to the European Court of Human Rights to address a clear violation of the right to freedom of expression, among others. Yet the application was rejected on what was seen as questionable grounds, becoming one of the many disappointing decisions taken by the international court.
Takeover
The assault on Feza Publications was ordered by the Istanbul 6th Criminal Court of the Peace on Friday 4 March 2016. By nightfall, the police had raided the Zaman newspaper office, using tear gas and water cannons on the protestors outside. The Saturday edition of Zaman was the last version of a free newspaper. The front page headline declared “the constitution suspended” and noted that Turkish press had seen one of its “darkest days”. The Sunday edition, under new ownership, was a disconcerting contrast. The front page showed a smiling president Erdogan holding hands with an elderly woman, coupled with an announcement that was he hosting a Women’s Day event. The main headline was “Historic excitement about the bridge”, a reference to a span being built across the Bosphorus with state funding.
Newly appointed government trustees immediately interfered with editorial decisions. A staff member commented that: “Before the takeover, our deadline was 7:30pm. The trustees moved that deadline to 4:30pm, and in the remaining three hours they censored and changed the paper to fit their new ‘line’.” The new management had also banned staff access to the newspapers’ archives.
The police who had raided the office on the Friday, stayed on to check staff IDs and prevent groups of three or more from assembling. Hundreds of Feza Publications employees were then dismissed under Article 25 of the Turkish labour law which lays out that contracts can be annulled without prior notice if an employee displays “immoral, dishonourable or malicious conduct”. Those dismissed have recounted how they received a generic letter which gave no explanation the accusations.
Considered enemies of the state, former Feza Publications employees found it difficult to obtain new jobs. They were left to survive on little to no income; Article 25 outlines that those dismissed are not eligible for redundancy packages or other compensation And recruiters were right to be weary; four-and-a-half months after the takeover, the July 16th coup attempt occurred, and purges began on a massive scale. Thousands of journalists were dismissed, and dozens were detained on terrorism-related charges. Feza Publications, already marked as Gulen-linked and thus terrorist – without the presumption of innocence – during the takeover, was a prime target. Thirty-one Zaman employees are currently standing trial, with nine, including Şahin Alpay, facing life sentences. In January 2018, Turkey’s constitutional court ordered that Şahin Alpay, alongside journalist Mehmet Altan, be released from pre-trial detention.
After the lower courts refused to comply, the ECtHR ruled that their detention was unlawful and that they should each be compensated €21,500.
The other journalists, unable to garner the same international support, have remained in pre-trial detention. Zaman’s Ankara chief Mustafa Ünal, arrested purely because of his newspaper columns and facing the same circumstances as Alpay, has also applied to the ECtHR. But his application was rejected, and after almost two years behind bars he expresses in despair “my scream for justice has faded away in a bottomless pit”. He is not alone, with the ECtHR and international community doing little in light of the Feza Publications debacle and abolishment of the freedom of expression in Turkey.
Appeal to the ECtHR
The Feza Publications takeover and ensuing rights violations, on top of individual pleas for justice, has led to appeals for the entity itself. Two shareholders of Feza Gazetecİlİk A.Ş. (the Feza stock company) took the matter of government-appointed trustees to the Turkish constitutional court. When this appeal failed, they applied to the ECtHR regarding violations of: Article 10, right to freedom of expression; Protocol Article 1, right to property; Article 7 and 6.2, no punishment without law and presumption of innocence; and Article 8, respect for private and family life. Dated 29 July 2016, the application was rejected by ECtHR Judge Nebojsa Vucinic on 14 December 2017 with reference to the Köksal v. Turkey decision.
The decision is reference to a case surrounding Gökhan Köksal, a teacher and one of over 150,000 dismissed from their jobs after the coup attempt. The ECtHR had rejected his appeal on the basis that he must first apply to the Turkish State of Emergency Commission, i.e., first exhaust all domestic avenues. The Köksal decision was problematic. The State of Emergency Commission was established in January 2017 for appeals against dismissals and closures assumed under the state of emergency imposed since 20 July 2016. To date, the Commission has only approved 310 out of 10,010 finalised cases, a 3% success rate. There are almost 100,000 cases still under examination. Many consider the mechanism to be inefficient, and its impartiality questionable. It should not be considered a reliable domestic avenue. Reference to the State of Emergency Commission in relation to Feza Publications poses a further problem; the appointment of government trustees occurred four-and-a-half months before the state of emergency was implemented.
The ECtHR decision is completely inadequate. Although some Feza employees were dismissed under state of emergency decrees, other dismissals and violations pertaining to the Human Rights Convention commenced well before. Although all Feza media outlets (Zaman and Zaman Daily, the Cihan News Agency, Aksiyon magazine, and the Zaman Kitap publishing house) were closed via emergency decree in July 2016, Feza shareholders are not entitled to apply to the State of Emergency Commission. Only persons in charge of the legal entities or institutions at the time of closure – by that point, the government appointed trustees – have the right to apply. Such a situation is implausible, leaving the ECtHR as the only option. Besides, it has been shown that regardless, neither the State of Emergency Commission nor the Turkish judicial system should be considered viable domestic avenues to appeal rights violations.
This ECtHR decision, one in a long line of disappointing rulings for Turkish victims, is seriously flawed. The ECtHR must reconsider the Feza Publications application, alongside those such as Köksal v. Turkey which only pave the way for future rejections. Without adequate ECtHR rulings there is little hope for the upholding of human rights, such as freedom of expression, in Turkey.
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16 May 2018 | News and features, Turkey, Turkey Uncensored
[vc_row][vc_column][vc_single_image image=”100382″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Seda Taşkın had just been sent to Muş, a tiny eastern Turkish city on a fertile plain surrounded by high mountains, to report on a few stories when police started to track her down. Hot on the case, police apparently availed themselves of a time machine, arresting the Mezopotamya news agency reporter late in December half an hour before a prosecutor had even issued an arrest warrant in concert with an informant’s tipoff. Taşkın’s subsequent trial, however, suggests that rather than breaking new grounds in physics, Turkey’s authorities are probably just breaking the law.
Taşkın appeared in court for the first time on 30 April to face charges of “membership in a terrorist organisation” and “conducting propaganda for a terrorist organisation.” The court date, however, exposed serious irregularities regarding her arrest, the treatment she received in custody and the evidence against her. During the hearing at the 2nd High Criminal Court of Muş, Taşkın’s lawyer highlighted the email address used to tip off authorities to the journalist’s alleged crimes.
According to the official document in the case file seen by Mapping Media Freedom’s Turkey correspondent, the email address denouncing Taşkın as a “militant” bore an “egm” extension, signifying the Turkish abbreviation for “general department of police.” Gulan Çağın Kaleli told the court that a mere 20 minutes were required to locate Taşkın and arrest her – a period that’s even less than the time it took to issue a mandatory arrest warrant. Questioning whether the anti-terror unit had, in fact, fabricated the tipoff, Kaleli requested that the source of the email be identified according to its IP number, but the court ultimately rejected the demand.
“The police tipped her off and the state caught her. This was the mise-en-scène,” said Hakkı Boltan, the co-president of the Free Journalists’ Initiative (ÖGİ), a Diyarbakır-based journalistic group that monitors press freedom violations and aids journalists who face legal proceedings in Kurdish provinces.
Taşkın is a journalist based in the city of Van who mainly covers social and cultural news. At the time of her arrest, she was working on several reports, including a story about the family of Sisê Bingöl. Authorities jailed the 78-year-old woman in June 2016 in Muş’s Varto district on accusations of being a “terrorist” before sentencing her to four years and two months in prison. Boltan told MMF that this type of reporting is often considered as threatening to the state as it reveals police violations. “The public has the right to be informed about this unjust imprisonment. This is what Seda was trying to do when she was targeted by the state.”
Ill treatment from police, threats from the prosecutor
Turkish authorities arrested Taşkın on 20 December 2017 before freeing her four days later. The prosecutor, however, filed an objection against the court’s release order. A month later, on 23 January, officers again arrested Taşkın in Ankara, where the journalist had gone to join her family.
In her defense, Taşkın told the court that police subjected her to a strip search after her initial arrest. “When I refused, they said they would force me,” she said via a judicial video conferencing system from Ankara’s Sincan Women Prison Facility, where she remains in custody pending trial. She was subjected to a second strip search before finally seeing her lawyer. “I was also physically beaten when I refused to get in the armoured vehicle. If I’m telling this, it’s because I want the court to take it into consideration,” she said.
The court didn’t appear greatly concerned.
Taşkın was also threatened after her initial release from custody. “The prosecutor told her ‘How can you be freed? You will see, we will file an objection’ in front of her lawyer as a witness,” Kaleli told the court.
The lawyer also said the evidence against her client was restricted to retweets and Facebook shares – mostly of news articles. There is not even a single article written by Taşkın in the case file, she said. “You may not like the agency where my client works. But this agency is still operating legally, and this is about freedom of expression and press freedom.”[/vc_column_text][vc_row_inner][vc_column_inner][vc_single_image image=”100383″ img_size=”full” add_caption=”yes” alignment=”center”][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner][vc_column_text]Touring villages with her camera
Included in the indictment as evidence was a “package” that a colleague sought to give Taşkın. There was a certain air of mystery to the private Instagram conversation between Taşkın and her colleague, Diyarbakır-based journalist and photographer Refik Tekin, but the item in question was only a fleece – and police could have ascertained the innocence of the matter had they clicked on the embedded link in the conversation.
Tekin told MMF that the pair had merely discussed the logistics of Taşkın receiving the fleece in Muş. He eventually sent the item of clothing to the prison in Ankara after she was jailed, but Taşkın was still unable to obtain it: The fleece is dark blue – a color that is banned in prison because it matches the uniforms of guards.
Tekin said Taşkın loves photography. She would tour villages around Lake Van in search of news and human stories. “She is a very friendly person. People in villages are usually somewhat shy, but they would immediately open up to Seda,” Tekin said. “She took photos of children in villages, women working in fields… Those were beautiful, very touching. They would tell a story. She would be on the top of the world when her photos appeared in [the now-closed newspaper] Özgürlükçü Demokrasi,” he said.
Her close friend Nimet Ölmez, also a Van-based reporter for Mezopotamya, said Taşkın’s picture of two children returning from school with their dirty clothes and large baskets instead of backpacks helped raise awareness about the precarious situation of children living in the impoverished villages of the region. “They were shared on social media for days. So many people called and asked us how they could help.”
But she admits that Taşkın’s love for photography was perhaps a bit on the excessive side. “She would take so many photos that all our memory sticks would fill up. She once went to a village to report on some shepherd. He had around 200 sheep, but Seda still managed to come back with 230 photos – more than one photo per sheep,” she joked. “I really miss fighting for photos, memory sticks and news with her.”
On 30 April, the court ruled against Taşkın’s release on the grounds that she doesn’t use the name on her ID card, Seher, in daily life, even though everyone, including her close family, calls her Seda.
The next hearing will be held on 2 July in Muş – a town that appears in a popular song with the lyrics “the road to Muş is uphill.” Rather than just Muş, it seems the song’s writers were talking about the road to justice in Turkey today.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-file-excel-o” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]
[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Media freedom violations reported to MMF since 24 May 2014
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