16 Dec 15 | Awards, Events, mobile, Press Releases
A graffiti artist who paints murals in war-torn Yemen, a jailed Bahraini academic and the Ethiopia’s Zone 9 bloggers are among those honoured in this year’s #Index100 list of global free expression heroes.
Selected from public nominations from around the world, the #Index100 highlights champions against censorship and those who fight for free expression against the odds in the fields of arts, journalism, activism and technology and whose work had a marked impact in 2015.
Those on the long list include Chinese human rights lawyer Pu Zhiqiang, Angolan journalist Sedrick de Carvalho, website Raqqa is Being Slaughtered Silently and refugee arts venue Good Chance Calais. The #Index100 includes nominees from 53 countries ranging from Azerbaijan to China to El Salvador and Zambia, and who were selected from around 500 public nominations.
“The individuals and organisations listed in the #Index100 demonstrate courage, creativity and determination in tackling threats to censorship in every corner of globe. They are a testament to the universal value of free expression. Without their efforts in the face of huge obstacles, often under violent harassment, the world would be a darker place,” Index on Censorship CEO Jodie Ginsberg said.
Those in the #Index100 form the long list for the Index on Censorship Freedom of Expression Awards to be presented in April. Now in their 16th year, the awards recognise artists, journalists and campaigners who have had a marked impact in tackling censorship, or in defending free expression, in the past year. Previous winners include Nobel Peace Prize winner Malala Yousafzai, Argentina-born conductor Daniel Barenboim and Syrian cartoonist Ali Ferzat.
A shortlist will be announced in January 2016 and winners then selected by an international panel of judges. This year’s judges include Nobel Prize winning author Wole Soyinka, classical pianist James Rhodes and award-winning journalist María Teresa Ronderos. Other judges include Bahraini human rights activist Nabeel Rajab, tech “queen of startups” Bindi Karia and human rights lawyer Kirsty Brimelow QC.
The winners will be announced on 13 April at a gala ceremony at London’s Unicorn Theatre.
The awards are distinctive in attempting to identify individuals whose work might be little acknowledged outside their own communities. Judges place particular emphasis on the impact that the awards and the Index fellowship can have on winners in enhancing their security, magnifying the impact of their work or increasing their sustainability. Winners become Index on Censorship Freedom of Expression Awards Fellows and are given support for the year after their fellowship on one aspect of their work.
“The award ceremony was aired by all community radios in northern Kenya and reached many people. I am happy because it will give women courage to stand up for their rights,” said 2015’s winner of the Index campaigning award, Amran Abdundi, a women’s rights activist working on the treacherous border between Somalia and Kenya.
Each member of the long list is shown on an interactive map on the Index website where people can find out more about their work. This is the first time Index has published the long list for the awards.
For more information on the #Index100, please contact [email protected] or call 0207 260 2665.
25 Nov 15 | Bahrain, Bahrain Statements, Campaigns, mobile, Statements
Photographer Sayed Ahmed al-Mousawi
Award-winning photographer Sayed Ahmed al-Mousawi was sentenced on Monday, 23 November 2015, to 10 years in prison and had his nationality revoked, along with 12 others, after covering a series of demonstrations in early 2014. Security forces detained Al-Mousawi for over a year without trial or official charges, accused him of being a part of a terrorist cell and subjected him to torture. The undersigned NGOs condemn the government’s continued attacks on independent journalism, policy of media censorship and severe restrictions on freedom of expression in Bahrain.
Sayed Ahmed al-Mousawi, a winner of 127 international photography awards, has been incarcerated since his arrest on 10 February 2014, when security forces raided his home in Duraz village. According to al-Mousawi’s father, a group of plainclothes masked policemen arrested Sayed Ahmed and his brother. The police provided no arrest warrant and confiscated al-Mousawi’s cameras and electronic devices. Al-Mousawi alleges that he was tortured during his detention and interrogation.
Al-Mousawi’s torture follows a pattern of abuse Human Rights Watch documented in a new report released on 24 November on the ongoing use of torture in Bahraini police detention and prison. Police disappeared and tortured al-Mousawi for five days, subjecting him to severe beatings on his genitals, electrocution and hanging from a door. For the duration of his disappearance, he was stripped naked and forced to stand for long periods of time. Officers did not allow a lawyer to accompany al-Mousawi when they transferred him to the Public Prosecutor. Courts renewed al-Mousawi’s pre-trial detention six times, and he spent over a year in prison without formal charges.
“Sayed al-Mousawi’s torture took place at a time when the UK has been increasing its spending on a ‘reform programme’ for Bahrain to bolster its institutions,” said Sayed Ahmed Alwadaei, Director of Advocacy at BIRD. “It is becoming increasingly clear that this programme has failed. Torture is still systematic and unrelenting and the government has broken all promises of reform.”
During his extended detention, al-Mousawi continued to win international awards for his photography. In spite of this, the government accused him of giving SIM cards to “terrorist” demonstrators and taking photos of anti-government protests. As a result, Bahrain tried al-Mousawi under Bahrain’s vague anti-terrorism legislation. A judge later accused him and his brother of membership in a terrorist cell, which al-Mousawi continues to deny.
“Al-Mousawi’s case exposes Bahrain’s continued misapplication of its counterterrorism law to hide evidence of its human rights abuses,” said Husain Abdulla the Executive Director of ADHRB. “Taking photos of peaceful protestors is not a crime and Bahrain’s overreaction shows just how fearful the Bahraini government is of its own people.”
Bahrain’s continued arrest of journalists and photographers, who expose human rights violations, reflects a systematic campaign by the authorities to quell freedom of expression and the press. Bahrain is ranked 163 out of 180 in the 2015 World Press Freedom Index according to Reporters Without Borders. Last year, a Bahraini court also convicted another renowned photojournalist, Ahmed al-Humaidan to 10 years in prison under similar charges. Bahrain has revoked the citizenship of more than 130 individuals since 2012.
“Yet again the Bahraini government has wielded citizenship as a weapon of censorship against journalists,” said CPJ’s Middle East and North Africa program coordinator, Sherif Mansour. “We call on the Bahraini judiciary to overturn this disturbing sentence, recognize al-Mousawi’s citizenship, and free him immediately.”
We, the undersigned NGOs, call for the immediate release of Sayed Ahmed al-Mousawi, and on Bahrain to end the criminalization of free speech and press. We also call on the UK government to suspend its spending on technical assistance to Bahrain, and on the US government to reinstate the ban on arms sales to the country, until systematic torture has been eradicated and restrictions on the enjoyment of internationally-codified human rights are lifted.
Sincerely,
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Committee to Protect Journalists (CPJ)
Index on Censorship
24 Nov 15
Since 1972, our work has given a voice to those who face imprisonment, torture and even death for speaking out.
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20 Oct 15 | About Index, Campaigns, mobile, Statements
Farida Shaheed
Special Rapporteur in the Field of Cultural Rights
Mónica Pinto
Special Rapporteur on the Independence of Judges and Lawyers
David Kaye
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
Seong-Phil Hong
Chair-Rapporteur of the Working Group on Arbitrary Detention
Special Procedures Branch
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14 avenue de la Paix
1211 Geneva 10
Switzerland
Dear Special Procedure mandate holders,
We are writing to urge you to pay continuing attention to the arbitrary arrest, detention, and conviction of the Qatari poet Mohammed al-Ajami, widely known as Ibn al-Dheeb.
Al-Ajami’s case has been the subject of a December 2012 communication to the government of Qatar from the Special Rapporteur in the Field of Cultural Rights, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, and the Special Rapporteur on the Independence of Judges and Lawyers1, discernable steps to address the issues set forth in the communication.
The arrest of Mohammed al-Ajami for the contents of his poetry is a violation of his right to freedom of expression and his right not to be arbitrarily deprived of liberty, and his conviction to 15 years in prison results further from a violation of his right to a fair trial. Amnesty International considers him a prisoner of conscience and he should be released immediately and unconditionally.
Various UN mechanisms have addressed al-Ajami’s case, as well as the human rights situation in Qatar more generally. Shortly before al-Ajami’s conviction in November 2012, the UN Committee against Torture criticized violations of due process by the State of Qatar in its consideration of the country’s second periodic report.2 The Committee recommended that Qatar “promptly take effective measures to ensure that all detainees, including non-citizens, are afforded, in practice, all fundamental legal safeguards from the very outset of detention.” It also expressed concern that persons detained under provisions of the Protection of Society Law (Law No. 17 of 2002), the Law on Combating Terrorism (Law No. 3 of 2004),and the Law on the State Security Agency (Law No. 5 of 2003) “may be held for a lengthy period of time without charge and fundamental safeguards, including access to a lawyer, an independent doctor and the right to notify a family member and to challenge the legality of their detention before a judge.” The Committee specifically cited Mohammed al-Ajami as an example of the fact that persons detained under these laws are often subject to incommunicado detention or solitary confinement. Though the Committee urged Qatar to amend its laws and ensure that fundamental safeguards are provided, Qatar has not taken any steps to address these concerns.
As noted above, al-Ajami’s case received additional attention from special procedures of the Human Rights Council through a joint communication issued on 21 December 2012, shortly after his original sentencing. The Special Rapporteurs in the Field of Cultural Rights, on the Independence of Judges and Lawyers, and on the Promotion and Protection of the Right to Freedom of Opinion and Expression expressed concern in a joint communication to the Qatari government that the arrest, detention, and sentencing of al-Ajami may have been “solely related to the peaceful exercise of his right to freedom of opinion and expression.” The Special Rapporteurs further noted concerns regarding the fairness of his trial and his treatment while in detention.3
On 14 February 2013, the Qatari government responded to the UN human rights experts by asserting that the government followed the proper procedures throughout al-Ajami’s case, and that the State “[keeps] in mind [its] obligations under international conventions and standards related to human rights and their 1 but the Government of Qatar has thus far not taken any implementation.”4 We believe that the Qatari government’s response did not accurately represent the administration of justice in this case, and the authorities took no further action of which we are aware.
On 8 January 2013, the Office of the UN High Commissioner for Human Rights (OHCHR) again voiced concern over the situation of Mohammed al-Ajami. The OHCHR’s spokesperson told reporters: “We are concerned by the fairness of his trial, including the right to counsel.” She additionally pointed to allegations that al-Ajami’s initial statement may have been tampered with in order to wrongly incriminate him.
In 2014, during a review of its human rights record in the context of the Universal Periodic Review, the Government of Qatar expressly rejected a recommendation to release Mohammed al-Ajami.5 At the same session, the government pointedly accepted a recommendation to “continue and strengthen relations with OHCHR.”6 We urge you to remind the Qatari government of this commitment.To the best of our knowledge, the United Nations has not taken any action on Mohammed al-Ajami’s case since his final appeal in October 2013. Thus, we respectfully ask that you continue to dedicate attention to his case and follow up on his arbitrary imprisonment, and insist that Qatar take corrective action to address the human rights violations that have been committed against him. We also ask that you raise these concerns with the Government of Qatar and follow up on the unaddressed recommendations set forth in past communications.
While we understand that his treatment while in prison has been generally acceptable, it remains the case, in our view, that he has been unfairly tried and convicted and, for that reason, this is a matter of an ongoing injustice.
Thank you for your time and consideration. Please do not hesitate to contact us if you need more information or clarifications.
Yours sincerely,
Americans for Democracy & Human Rights in Bahrain
Amnesty International
Arabic Network for Human Rights Information
Article 19
Canadian Journalists for Free Expression
English PEN
FreeMuse
German PEN
Index on Censorship
International Federation for Human Rights
Irish PEN
PEN American Center
PEN International
Reporters Without Borders
Salam for Democracy and Human Rights
Split This Rock
Background
State security officials summoned Mohammed al-Ajami to a meeting on 16 November 2011. Upon arrival, authorities arrested him on suspicion of insulting the Emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, and “inciting to overthrow the ruling system.”
The charges against al-Ajami related to a 2010 poem (“The Cairo Poem”) he had recited and which the Qatari authorities allege to have criticized the Emir. The poem nevertheless referred to the Emir as “a good man” and expressed “thanks” to him, and it formed part of a ‘call-and-response’ type of exchange that is a popular form of recitation. Al-Ajami recited it during a private gathering in Cairo in August 2010, after which one of the attendees posted a video of the event online.
On 29 November 2012, a lower court sentenced al-Ajami to life imprisonment following an unfair trial. The court reportedly heard testimony from three “poetry experts” employed by the government’s culture and education ministries, who testified that the poem represents an insult to the Emir of Qatar and his son.
On 25 February 2013, an appeals court reduced al-Ajami’s life sentence to 15 years. The Court of Cassation, Qatar’s highest court, upheld the 15-year sentence on 20 October 2013. Al-Ajami’s only remaining path to freedom is a pardon from the Emir.
The administration of justice in this case has been grossly flawed and has resulted in the arbitrary detention of Mohammed al-Ajami.
We believe that the legal basis of the charges against Mohammed al-Ajami – based in Articles 134 and 136 of the Qatari Penal Code – do not constitute internationally recognizable criminal offenses, unlawfully restrict the right to freedom of expression, and expressly contradict Article 19 of the Universal Declaration of Human Rights (UDHR), which states that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”
The authorities held him for a prolonged period of pre-trial solitary confinement. Following his arrest on 16 November 2011, Mohammed al-Ajami was held incommunicado for three months before he was allowed visits from his family. The first trial session was held in March 2012. Throughout the pre-trial investigations and despite petitions to the judge about his treatment, he was held in solitary confinement in a very small cell.
While he was being held in solitary confinement, authorities forced al-Ajami during interrogations to sign a document falsely stating that the poem was read in a public place in the presence of the press, according to information available to our organizations. In November 2011 and, reportedly, in subsequent court sessions, the lawyer of Mohammed al-Ajami asserted to the court that the poem was recited only in private.
We are concerned that the period of pre-trial detention without charge may have exceeded even Qatar’s own laws. Court documents indicate that the duration of pre-trial detention was within the limits provided for in Qatari law – which allows, in specific circumstances, up to six months detention before trial.
However, Mohammed al-Ajami’s former lawyer indicated in writing that the period of pre-trial detention exceeded the six months provided for in law. He indicated that charges had first been set out in June 2012.
Our organizations are unable to resolve this contradiction. We urge the Special Procedures branch to investigate these competing claims.
The trial was held behind closed doors without legal basis, and the court disregarded Mohammed al-Ajami’s right to choose his own legal representation by its imposition of another lawyer in place of the one he had chosen.
There was a lack of separation of investigative and decision-making powers, infringing on the principle of impartiality. According to information available to the signatories, Mohammed al-Ajami’s lawyer requested at the first session of the Doha Criminal Court that the presiding judge exclude himself from the case as he had conducted the pre-trial investigation. The judge rejected the lawyer’s request.
Al-Ajami was denied the right to be present at the trial. During the final hearing in October 2012, the court expelled Mohammed al-Ajami for being unruly. In his absence, and without measures taken to preserve the rights of the defense, the court proceeded to schedule the judgment to be held on 29 November 2012. Mohammed al-Ajami was not informed of the date. On the day of the verdict, the prison authorities did not bring Mohammed al-Ajami to court. Nevertheless, according to sources who informed al-Ajami’s former lawyer, the judge pronounced to the court “on the attendance of Mohammed al-Ajami, we have sentenced him to life.”
State security officials in Qatar continue to detain people in the absence of due process under laws that increasingly contribute to an environment that stifles and criminalizes expression. Mohammed al-Ajami is just one of the victims of this political reality. The international community should not ignore this violation of the right to freedom of expression or the failure to ensure fair trials in Qatar.
1 The letter, dated 21 December 2012, is referenced AL Cultural rights (2009) G/SO 214 (67-17) G/SO 214 (3-3-16); QAT 1/2012 and can be accessed at https://spdb.ohchr.org/hrdb/23rd/public_-_AL_Qatar_21.12.12_(1.2012).pdf
2 See: Committee against Torture: Concluding observations on the second periodic report of Qatar, adopted by the Committee at its forty-ninth session (29 October-23 November 2012), 25 January 2013, UN reference: CAT/C/QAT/CO/2
3 The letter, dated 21 December 2012, is referenced AL Cultural rights (2009) G/SO 214 (67-17) G/SO 214 (3-3-16); QAT 1/2012 and can be accessed at: https://spdb.ohchr.org/hrdb/23rd/public_-_AL_Qatar_21.12.12_(1.2012).pdf
4 Referenced 532 and QAT 1/2012, the letter can be accessed at: https://spdb.ohchr.org/hrdb/23rd/Qatar_14.02.13_(1.2012)_rescan.pdf
5 See paragraph 125.7 of the Report of the Working Group on the Universal Periodic Review – Qatar, issued by the Human Rights Council at its twenty-seventh session, dated 27 June 2014, is referenced A/HRC/27/15.
6 See paragraph 122.16 of the UPR report.
