Israel’s “Prisoner X” case and the creep of military censorship

OPINION: In June 2010, Israel’s Ynet website reported on the detention, and then six months later on the death, of unknown detainee “Prisoner X” in solitary confinement.

A gag order issued by an Israeli court soon after put an end to any reporting on the case, or even reporting of the order itself. “Prisoner X” became a byword in the Israeli media for yet one more of the kind of security-related stories that no-one quite knows the truth of, and probably never will.

Nothing more was heard until this week, when an Australian TV documentary claimed that the man in question was one Ben Zygier, a 34-year-old father-of-two and an Australian citizen who had moved to Israel a decade earlier.

Zygier, who called himself Ben Alon in Israel, was apparently held in the cell — built to hold Yigal Amir, the assassin of Israeli prime minister Yitzhak Rabin — for a number of months before he was found hanged, and his body flown to Melbourne a week later. His father Geoffrey, a grandee of the Jewish community there, has refused to speak to the media regarding his son.

Military censorship and wide-reaching gag orders are a fact of life for Israeli journalists. But this gag order was absolute. Articles which appeared on a number of Israeli websites yesterday noting the Australian programme were soon removed.

Even more extraordinary was the meeting called that afternoon by the Prime Minister’s office convening the so-called “Editors’ Committee”, a grouping set up in the early years of the state through which senior media figures could be briefed on secret information if they agreed to not publish it.

Historically this was a sort of gentleman’s agreement between the hacks and the establishment, who in the nascent days of Israel were understood to be more or less on the same side. Now, the annual meeting between the PM and the Editors’ Committee has become largely a matter of show, open to the scrutiny of other journalists. Self-censorship is managed more obliquely.

The Prisoner X situation was so extraordinary that a number of MKs used parliamentary privilege yesterday to ask the outgoing Justice Minister, Yaakov Ne’eman about the Australian reports.  Zahava Gal-On, head of the left-wing Meretz faction pouring scorn on the implied complicity of the Israeli media.

“I want to hear your stance on the fact that journalists volunteer to censor information at the government’s request,” she said. “Is it proper that the Prime Minister’s Office invited the Editors’ Committee to prevent news from being publicised? Today, we hear that in a country that claims to be a civilized democracy, journalists cooperate with the government, and that anonymous prisoners, who no one knew existed, commit suicide.”

The gag order has now been softened, perhaps due to the MKs’ questions,  and Israeli media are now reporting on the Australian story. But it’s the press rather than politicians who should be charged with exposing this kind of event.

There is an argument to be made that there is a need for some level of censorship to protect national security. But the censors need to choose their battles.

It’s stupid and self-destructive to try and suppress a story after it appears on a foreign media outlet. The suppression will inevitably serves to draw additional attention to the story.

The danger is that security becomes its own justification for censorship with a creeping reach.

Daniella Peled is editor at the Institute of War and Peace Reporting and writes widely on the Middle East

Index Index – International free speech round up – 11/02/13

A boy has died today (11 February) after being shot by security forces in Kashmir during protests against the execution of a separatist. Ubaid Mushtaq, said to be 12 or 13 years old by doctors, died in a Srinagar hospital from bullet wounds following the 10 February protests in the village of Watergam, in which paramilitary forces opened fire on demonstrators.

The news of Mohammed Afzal Guru’s death in a New Delhi prison on 9 February ignited fierce objection and protests in three areas of India administered Kashmir, surrounding claims the men accused had not been given a fair trial.  The Kashmiri man was from a village close to Watergam, and had been convicted of helping to plot an attack on the Indian parliament in 2001 that left 14 people dead. Police said an inquiry has been launched into Mushtaq’s shooting.

Baden Roth - Demotix

Chinese authorities said Elton John dedicating his Beijing concert to Ai Weiwei was “disrespectful”

China has tightened its restrictions on foreign singers performing in the country after Elton John dedicated his Beijing concert to Ai Weiwei in November. Chinese police questioned John after his Beijing performance last year, which he had dedicated “to the spirit and talent of Ai Weiwei”. Authorities then allegedly asked John to sign a statement saying that he had been inspired by Ai’s artistic achievements exclusively, rather than for his efforts to defend free speech. John was permitted to go ahead with his Guangzhou show in early December, but an editorial letter in the state-run Global Times said that the singer was “disrespectful” to include political sentiment in his performance, adding that authorities would think more carefully before inviting foreign artists to perform in future. Culture minister Cai Wu is now allegedly requesting degree certificates from international performers since John’s appearance, only allowing them entry into the country if they can prove they have been university-educated. Classical musicians have reportedly been required to submit proof of degrees when performing in the country since the start of the year.

A Hong Kong activist has been sentenced to nine months in prison on 7 February after burning a Chinese flag. Koo Sze-yiu was also discovered to have burned a Hong Kong flag, during two separate demonstrations against the government. In June 2012, Koo burned a Chinese flag outside the Liaison Office of the Central People’s Government, in protest against the staged suicide of Chinese activist Li Wangyang, and on 1 January he was seen waving a Chinese and Hong kong flag with holes in both. He was charged with four counts of flag desecration. The maximum punishment for flag desecration is three years in prison and a fine of 50,000 HK dollars (approximately £4,000). Shortly after his arrest, a Chinese netizen was arrested for posting a picture of a defaced flag on to a social networking site.

A UK journalist is fighting a court application submitted by the police requiring him to hand over video footage of the English Defence League (EDL), it was reported today (11 February). Jason Parkinson has refused to hand over his footage, saying that journalists are “not evidence gatherers for the police”. He fought a similar case in 2011, where police attempted to seize his footage of the Dale Farm eviction of travellers in Essex. Greater Manchester police applied for a production order hearing on 18 February to view all published and unpublished footage obtained during an EDL and counter protest march by Unite Against Fascism in Bolton 20 March 2010. The National Union of Journalists intends to contest the application. Parkinson said that handing over the evidence “could overturn the incredibly important victory for press freedom” that was achieved during the Dale Farm eviction.

In Bangalore, India an artist was forced to remove his pantings from an art gallery on 5 February because they depicted Hindu deities in the nude. Anirudh Sainath Krishnamani was told by police that they received a complaint from a member of Hindu nationalist political group the Bharatiya Janata Party, claiming the paintings ”hurt the sentiments of society”. Police threatened to shut down Krishnamani’s exhibition at Chitrakala Parishath gallery if he refused to remove the offending pieces, which police said were a potential law and order threat and could cause protests or an attack. The paintings removed included a picture of a nude goddess Kali as well as Shiva and Sati hugging each other. MN Krishnamani, Anirudh’s father and a senior supreme court advocate will contest the decision.

Index Index – International free speech round up – 11/02/13

A boy has died today (11 February) after being shot by security forces in Kashmir during protests against the execution of a separatist. Ubaid Mushtaq, said to be 12 or 13 years old by doctors, died in a Srinagar hospital from bullet wounds following the 10 February protests in the village of Watergam, in which paramilitary forces opened fire on demonstrators.

The news of Mohammed Afzal Guru’s death in a New Delhi prison on 9 February ignited fierce objection and protests in three areas of India administered Kashmir, surrounding claims the men accused had not been given a fair trial.  The Kashmiri man was from a village close to Watergam, and had been convicted of helping to plot an attack on the Indian parliament in 2001 that left 14 people dead. Police said an inquiry has been launched into Mushtaq’s shooting.

Baden Roth - Demotix

Chinese authorities said Elton John dedicating his Beijing concert to Ai Weiwei was “disrespectful”

China has tightened its restrictions on foreign singers performing in the country after Elton John dedicated his Beijing concert to Ai Weiwei in November. Chinese police questioned John after his Beijing performance last year, which he had dedicated “to the spirit and talent of Ai Weiwei”. Authorities then allegedly asked John to sign a statement saying that he had been inspired by Ai’s artistic achievements exclusively, rather than for his efforts to defend free speech. John was permitted to go ahead with his Guangzhou show in early December, but an editorial letter in the state-run Global Times said that the singer was “disrespectful” to include political sentiment in his performance, adding that authorities would think more carefully before inviting foreign artists to perform in future. Culture minister Cai Wu is now allegedly requesting degree certificates from international performers since John’s appearance, only allowing them entry into the country if they can prove they have been university-educated. Classical musicians have reportedly been required to submit proof of degrees when performing in the country since the start of the year.

A Hong Kong activist has been sentenced to nine months in prison on 7 February after burning a Chinese flag. Koo Sze-yiu was also discovered to have burned a Hong Kong flag, during two separate demonstrations against the government. In June 2012, Koo burned a Chinese flag outside the Liaison Office of the Central People’s Government, in protest against the staged suicide of Chinese activist Li Wangyang, and on 1 January he was seen waving a Chinese and Hong kong flag with holes in both. He was charged with four counts of flag desecration. The maximum punishment for flag desecration is three years in prison and a fine of 50,000 HK dollars (approximately £4,000). Shortly after his arrest, a Chinese netizen was arrested for posting a picture of a defaced flag on to a social networking site.

A UK journalist is fighting a court application submitted by the police requiring him to hand over video footage of the English Defence League (EDL), it was reported today (11 February). Jason Parkinson has refused to hand over his footage, saying that journalists are “not evidence gatherers for the police”. He fought a similar case in 2011, where police attempted to seize his footage of the Dale Farm eviction of travellers in Essex. Greater Manchester police applied for a production order hearing on 18 February to view all published and unpublished footage obtained during an EDL and counter protest march by Unite Against Fascism in Bolton 20 March 2010. The National Union of Journalists intends to contest the application. Parkinson said that handing over the evidence “could overturn the incredibly important victory for press freedom” that was achieved during the Dale Farm eviction.

In Bangalore, India an artist was forced to remove his pantings from an art gallery on 5 February because they depicted Hindu deities in the nude. Anirudh Sainath Krishnamani was told by police that they received a complaint from a member of Hindu nationalist political group the Bharatiya Janata Party, claiming the paintings “hurt the sentiments of society”. Police threatened to shut down Krishnamani’s exhibition at Chitrakala Parishath gallery if he refused to remove the offending pieces, which police said were a potential law and order threat and could cause protests or an attack. The paintings removed included a picture of a nude goddess Kali as well as Shiva and Sati hugging each other. MN Krishnamani, Anirudh’s father and a senior supreme court advocate will contest the decision.

Index Index – International free speech round up 08/02/13

An anti-corruption activist who leaked a sex tape featuring a Chinese Communist party official and an 18-year-old girl has said he is being slandered and intimidated by authorities. Since Zhu Ruifeng released the five-year-old tape in 2012, causing 11 officials in Chongqing to topple, police have interrogated the whistleblower, as well as threatening his wife. Zhu was released uncharged after 60 days of investigation and has now alleged that police have published an article anonymously online to tarnish is reputation. The story, “True face of anti-corruption fighter Zhu Ruifeng”, accuses him of accepting a bribe from Zhengzhou Technical Supervision Department. Zhu established his website Supervision by the People in 2006 and has since exposed more than 100 officials. He said he is planning to release six more tapes to incriminate the Chinese authorities.

Rachael Cerrotti - Demotix

Led by the Aerosmith frontman, the Steve Tyler Act protects celebrities from paparazzi

An Egyptian Salafi preacher has said that rape and sexual assault of women protesting in Cairo’s Tahrir Square is justified, claiming the aren’t gathering there to demonstrate, but with the aim of being sexually harassed, as they want to be raped. Ahmad Mahmoud Abdullah, also known as Abu-Islam said in a video posted online on 6 February that female protesters are “no red line”. The preacher, who owns private TV station al-Ummah, described the women as devils and crusaders, who talk like monsters. Twenty-five women were sexually assaulted during protests in Tahrir Square to mark the second anniversary of the revolution which replaced Hosni Mubarak with an Islamist government.

The Australian Green Party has said that the government has organised a cover-up after refusing media access to immigration detention centres on Nauru and Manus Island. Greens Senator Sarah Hanson-Young called for journalists to be granted access to the centres, bans on photographs and videos to be lifted and said that asylum seekers and refugees willing to be interviewed by the media should be able to freely. The proposal was rejected by the Federal Government. The department of immigration said the restrictions were in place as they were still in negotiation with the governments of Nauru and Papua New Guinea. Hanson Young said that her visit to the detention centre was tightly controlled, and the living conditions were deplorable — there were no doors on the toilets and the men were living in cramped conditions. Journalists are allowed access to detention centres on the Australian mainland but must adhere to a legally enforceable Deed of Agreement, imposing restrictions such as allowing the immigration department the power to review all footage.

Finland’s minister for justice Anna-Maja Henriksson is backing a bill planning to extend anti-pornography laws. Under current Finnish law, the National Bureau of Investigation blocks access to child pornography, which would extend to porn containing animals and violence. Some members of the government have objected to the proposal, with Interior Minister Päivi Räsänen doubting the need to extend pornography censorship at all. Under laws adopted in 2006, the NBI maintains a block list of restricted sites, punishable under the Prevention of Distribution of Unchaste Publications Act 1927.

Aerosmith frontman Steve Tyler will attend a hearing in Hawaii today (8 February) to discuss a proposed law he backed to limit freedom to take pictures and video of celebrities. Hawaii’s Senate Judiciary Committee considered the Steven Tyler Act in a public discussion. The bill will allow families to receive damages from anyone who photographs, distributes or sells pictures taken in an offensive way, during a personal or private time. As well as Tyler, celebrities including the Osbourne family, Britney Spears and Tommy Lee have supported the measure. Famous people in support of the act have said that it would allow them to do everyday activities without fear of the paparazzi documenting their lives. Senator Kalani English, from Maui, said he introduced the law at the request of Tyler, who owns a multi million dollar mansion in Hawaii. More than two thirds of the states governors have co-sponsored the bill, which is hoped to encourage the visit of celebrity tourists, boosting the island’s economy. Laurie Temple, an attorney at the American Civil Liberties Union said stalking laws need to be improved, rather than creating new legislation.