03 Mar 21 | Burma, News and features
[vc_row][vc_column][vc_single_image image=”116336″ img_size=”full” add_caption=”yes”][vc_column_text]The new military junta in Myanmar is continuing to assault and jail journalists as it progresses with its bloody coup.
At least 26 journalists have been arrested since Min Aung Hlaing seized power on 1 February and at least ten have been charged under section 505(a) of Myanmar’s penal code.
Two of the journalists, MCN TV News reporter Tin Mar Swe and The Voice’s Khin May San, have been granted bail but the remaining eight are still detained in the notorious military-run Insein prison in Yangon, known as “the darkest hell-hole” in the country and a byword for torture, abuse and inhumane conditions for inmates.
Section 505(a) makes it a crime to publish any “statement, rumour or report”, “with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman, in the Army, Navy or Air Force to mutiny or otherwise disregard or fail in his duty”, essentially making criticism of the military government impossible.
Reporters are particularly vulnerable during protests. Myo Min Htike, former secretary of the Myanmar Journalist Association, recently told Index that journalists are being targeted across the country, particularly if they have covered protests against the coup and many have fled in fear for their lives and liberty.
Credible reports from the country show the dangers facing reporters covering the protests. Shin Moe Myint, a 23-year-old freelance photo journalist was severely beaten and arrested by policemen while she covered a protest in Yangon on 28 February.
Democratic Voice of Burma (DVB) journalist Ko Aung Kyaw live-streamed a violent arrest in which, according to reports by The Irrawaddy, he had stones thrown through his window and police officers firing threateningly into the air when asked if they had obtained a warrant to enter his premises.
Aung Kyaw could “be heard shouting that a stone injured his head and appealing to neighbours for help before the security forces broke into his house and arrested him”.
Thein Zaw, covering the protests for Associated Press, has been charged with violating public law while Ma Kay Zon Nway of Myanmar Now and Aung Ye Ko of 7 Days News have also been arrested.
Others still detained include the journalists Hein Pyae Zaw, Ye Myo Khant, Ye Yint Tun, Chun Journal chief editor Kyaw Nay Min and Salai David of Chinland Post.
Sit Htet Aung of the Myanmar Times, who took the picture above, was one of the lucky ones who managed to escape a beating and detention.
Use of section 505(a) shows an automatic crackdown on criticism of the military regime and since the coup, the junta has implemented a number of problematic legislation changes which could easily be used against journalists in the country.
According to Amnesty International: “Courts routinely convict individuals under this section without evidence establishing the requisite intent or a likelihood that military personnel would abandon their duty as a result of the expression.”
“In practice, the section has often been used to prosecute criticism of the military – expression protected by international human rights law.”
The law has since been amended, meaning anyone charged under it can be arrested without a warrant and it is no longer a bailable offence, thus any future arrests – which are likely – will find journalists in Myanmar detained with little hope of an immediate reprieve.
The same amendments apply to 124(a) of the penal code, which previously made anti-government comments illegal.
Journalists also rely heavily on the internet to publish their stories, but amendments to the Electronic Transactions Law allow law enforcement to harvest the personal data of anyone deemed to be in breach of a cyber-crime, or – more broadly – those critical of the regime online.[/vc_column_text][three_column_post title=”You may also want to read” category_id=”38″][/vc_column][/vc_row]
16 Feb 21 | Belarus, News and features, Statements
[vc_row][vc_column][vc_single_image image=”116263″ img_size=”full” add_caption=”yes”][vc_column_text]Index on Censorship strongly condemns the politically motivated police raids and detentions that have been carried out against dozens of human rights defenders and journalists across Belarus this morning. The offices of the Belarusian Association of Journalists (BAJ) and the Human Rights Centre “Viasna” were among those raided by the authorities.
“We are once again appalled at the actions of the Belarusian authorities,” said Jessica Ní Mhainín, senior policy research and advocacy officer at Index on Censorship. “We express our solidarity with our colleagues in Belarus, who should be celebrated for their courageous and relentless work – not facing such repression.”
Since fraudulent elections last August, which triggered mass opposition protests and crackdowns by the regime, the work of journalists and human rights defenders in Belarus has been more important than ever. They have worked tirelessly to document and publish the blatant human rights violations being carried out by the Belarusian authorities, and have kept up-to-date lists of unjustly imprisoned journalists and political prisoners. As of 16 February, there are 256 political prisoners in Belarus.
“The regime is trying to kill the opposition movement by intimidating human rights defenders and journalists into silence. We cannot allow this to happen. We urge the international community to immediately and unreservedly condemn the actions of authorities and to ensure that civil society in Belarus are supported to continue to carry out their vital work,” Ní Mhainín said.
Index calls for the immediate release of all human rights defenders and journalists who remain in detention in Belarus, including our former colleague Andrei Aliaksandrau, who has now been in detention for 36 days.
Please sign the petition calling on the Belarusian authorities to free Andrei Aliaksandrau and his girlfriend Irina Zlobina.
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08 Feb 21 | News and features, Statements, United States
[vc_row][vc_column][vc_column_text]U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
February 8, 2021
Acting Attorney General Monty Wilkinson:
We, the undersigned press freedom, civil liberties, and international human rights advocacy organizations, write today to share our profound concern about the ongoing criminal and extradition proceedings relating to Julian Assange, the founder of Wikileaks, under the Espionage Act and the Computer Fraud and Abuse Act.
While our organizations have different perspectives on Mr. Assange and his organization, we share the view that the government’s indictment of him poses a grave threat to press freedom both in the United States and abroad. We urge you to drop the appeal of the decision by Judge Vanessa Baraitser of the Westminster Magistrates’ Court to reject the Trump administration’s extradition request.
We also urge you to dismiss the underlying indictment.
The indictment of Mr. Assange threatens press freedom because much of the conduct described in the indictment is conduct that journalists engage in routinely—and that they must engage in in order to do the work the public needs them to do. Journalists at major news publications regularly speak with sources, ask for clarification or more documentation, and receive and publish documents the government considers secret. In our view, such a precedent in this case could effectively criminalize these common journalistic practices.
In addition, some of the charges included in the indictment turn entirely on Mr. Assange’s decision to publish classified information. News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.
We appreciate that the government has a legitimate interest in protecting bona fide national security interests, but the proceedings against Mr. Assange jeopardize journalism that is crucial to democracy.
The Trump administration positioned itself as an antagonist to the institution of a free andunfettered press in numerous ways. Its abuse of its prosecutorial powers was among the most disturbing. We are deeply concerned about the way that a precedent created by prosecuting Assange could be leveraged—perhaps by a future administration—against publishers and journalists of all stripes. Major news organizations share this concern, which is why the announcement of charges against Assange in May 2019 was met with vociferous and nearly universal condemnation from virtually every major American news outlet, even though many of those news outlets have criticized Mr. Assange in the past.
It is our understanding that senior officials in the Obama administration shared this concern as well. Former Department of Justice spokesperson Matthew Miller told the Washington Post in 2013, “The problem the department has always had in investigating Julian Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists.”
It was reportedly the press freedom implications of any prosecution of Mr. Assange that led Attorney General Eric Holder’s Justice Department to decide against indicting him after considering doing so.
It is unfortunately the case that press freedom is under threat globally. Now more than ever, it is crucial that we protect a robust and adversarial press—what Judge Murray Gurfein in the Pentagon Papers case memorably called a “cantankerous press, an obstinate press, an ubiquitous press” —in the United States and abroad.
With this end in mind, we respectfully urge you to forgo the appeal of Judge Baraitser’s ruling, and to dismiss the indictment of Mr. Assange.
Respectfully,
(in alphabetical order)
Access Now
American Civil Liberties Union
Amnesty International – USA
Center for Constitutional Rights
Committee to Protect Journalists
Defending Rights and Dissent
Demand Progress
Electronic Frontier Foundation
Fight for the Future
First Amendment Coalition
Free Press
Freedom of the Press Foundation
Human Rights Watch
Index on Censorship
Knight First Amendment Institute at Columbia University
National Coalition Against Censorship
Open The Government
Partnership for Civil Justice Fund
PEN America
Project on Government Oversight
Reporters Without Borders
Roots Action
The Press Freedom Defense Fund of First Look Institute
Whistleblower & Source Protection Program (WHISPeR) at ExposeFacts[/vc_column_text][/vc_column][/vc_row]
05 Feb 21 | Belarus, News and features, Statements
[vc_row][vc_column][vc_single_image image=”116175″ img_size=”full” add_caption=”yes”][vc_column_text]Ahead of the International Day of Solidarity with Belarus on 7 February, the undersigned organisations working in the field of freedom of expression and media freedom call for the immediate and unconditional release of all journalists and media workers who continue to be arbitrarily detained.
Nearly six months since President Alexander Lukashenko claimed a landslide victory in what has been widely acknowledged and condemned as a fraudulent election, opposition leader Svetlana Tikhanovskaya remains in exile and thousands of protesters continue to take to the streets of Minsk calling for his resignation.
The regime has made every effort to prevent its citizens from accessing independent information. News outlets have had their publishing licences revoked. Some have their equipment seized. Independent newspapers are banned from printing and barred from sales through the national state monopolist retailer.
As part of this effort, the authorities have also used violence, threats, and arbitrary detention to intimidate journalists and prevent them from doing their jobs. Reporters and photographers wearing press vests have been deliberately targeted by law enforcement. According to the Belarusian Association of Journalists (BAJ), journalists were detained 480 times in 2020. They have spent over 1,200 days behind bars, often without being told what, if any, charges they face.
At least ten journalists and media workers remain in detention, among them are several of our friends and colleagues. They are: Katsiaryna Barysevich, Daria Chultsova, Yulia Slutskaya, Alla Sharko, Siarhei Alsheuski, Petr Slutski, Ksenia Lutskina, Andrei Aliaksandrau, and Aliaksandr Mikrukou.
As the International Day of Solidarity with Belarus approaches, we are calling for each and every journalist and media worker to be immediately and unconditionally released. We condemn the blatant violations to their human rights and once again remind the Belarusian authorities of their obligations under international law.
Signed:
Jessica Ní Mhainín, Senior Policy Research and Advocacy Officer, Index on Censorship
Dave Elseroad, Head of Advocacy and Geneva Office, Human Rights House Foundation (HRHF)
Maria Ordzhonikidze, Director, Justice for Journalists Foundation
Ricardo Gutiérrez, General Secretary, European Federation of Journalists (EFJ)
Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19
Laurens Hueting, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF)
Jaroslaw Wlodarczyk, Secretary General, International Association of Press Clubs (IAPC)
Marcin Lewicki, President, Press Club Polska
Daniela Kraus, General Secretary, Presseclub Concordia, Vienna
Andrei Bastunets, Chairperson, Belarusian Association of Journalists (BAJ)
Peter Spiegel, Press Freedom Committee Chair, Overseas Press Club of America (OPC)
Board of Frankfurter Presseclub
Board of Press Club Brussels Europe
Pierre Ruetschi, Executive Director, Geneva Press Club
Ryszard Bankowicz, President, Polish Club of International Columnists
S Venkat Narayan, President, FCC of South Asia, New Delhi, India
Uri Dromi, Director General, Jerusalem Press Club[/vc_column_text][/vc_column][/vc_row]
