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Tomorrow is International Day To End Impunity. “When someone acts with impunity, it means that their actions have no consequences” explains IFEX, the global freedom of expression network behind the campaign. Since 1992, 600 journalists have been killed with impunity — that is 600 lives taken with all or some of those culpable not being being held responsible. Countless others — writers, activists, musicians — have joined their ranks, simply for exercising their right to freedom of expression.
This year has only added to the grim statistics. By the middle of January, six journalists had already been murdered. We are now getting close to the end of 2013, and 73 more journalists and two media workers have suffered the same fate — 48 in cases directly connected to their work, 25 with motives still unconfirmed. Out of these, 15 were killed without anyone — perpetrators or masterminds — convicted.
Russia is notorious for its culture of impunity. In July this year, Akhmednabi Akhmednabiev, a Russian journalist reporting on human rights violations in the Caucasus, was shot dead. In 2009 he had been placed on an “execution list” on leaflets distributed anonymously, and had in the past also received death threats. In January he survived an assassination attempt which local authorities reportedly refused to investigate. His case is still classed as murder with impunity.
Pakistan is also an increasingly dangerous place to work as a journalist. Twenty seven of the 28 journalists killed in the past 11 years in connection with their work have been killed with impunity. In the last year alone, seven journalists have been murdered. Express Tribune journalist Rana Tanveer told Index he has received death threats and been followed for reporting on minority issues. In October, Karak Times journalists Ayub Khattak was gunned down after filing a report on the drugs trade.
In July, Honduran TV commentator Aníbal Barrow was kidnapped together with his family and a driver. The others were released, but after two weeks, Barrow’s body was found floating in a lagoon. He was the second journalists with links to the country’s president Porfirio Lobo Sosa — they were close friends — to have been killed over the past two years. Four members of the criminal group “Gordo” were detained in connection with the case, but at one point, there were at least three other suspects on the run.
In September, Colombian lawyer and radio host Édison Alberto Molina was shot four times while riding on his motorcycle with his wife. His show “Consultorio Jurídico” (The Law Office), aired on community radio station Puerto Berrío Stereo, and often took on the topic of corruption. The Inter American Press Association in October called on authorities to open “a prompt investigation into the murders” of him and news vendor and occasional stringer José Darío Arenas, who was also killed in September.
Meanwhile in Mexico, a country for many synonymous with impunity for crimes against the media, three journalists were murdered in 2013. The state public prosecutor’s offices has yet to announce any progress in the cases of Daniel Martínez Bazaldúa, Mario Ricardo Chávez Jorge and Alberto López Bello, or disclose whether they are linked to their work. Notorious criminal syndicate Zetas took responsibility for the murder of Martínez Bazaldúa and warned the police about investigating the case. He was a society photographer and student, only 22 at the time of his death. Chavez Jorge, founder of an online newspaper, disappeared in May and his body was found in June, but in August the state attorney’s office said they did not have a record of his death. López Bello was a crime reporter who had published stories on the drugs trade.
This year, 20 journalists — from Naji Asaad in January to Nour al-Din Al-Hafiri in September — have also lost their lives covering the ongoing tragedy of the Syrian civil war. Their loved ones, like those of all the civilians killed, will have to wait for justice.
It is also worth noting that while an unresolved or uninvestigated murder is the most serious and devastating manifestation of impunity, it is not the only one. Across the world, journalists are being attacked and intimidated without consequences. In August there was a two-hour long raid on the home of Sri Lankan editor and columnist Mandana Ismail Abeywickrema, who recently started a journalists’ trade union. Despite her receiving threats related to her work prior to the attack, it was labelled a robbery by the police. Bahraini citizen journalist Mohamed Hassan experienced similar incident, also in August, when he was arrested and his equipment seized during a night-time raid. His lawyer Abdul Aziz Mosa was also detained and his computer confiscated, after tweeting about his client being beaten. In October, a group of Azerbaijani journalists were attacked by a pro-government mob while covering an opposition rally in the town of Sabirabad. One of the journalists, Ramin Deko, told Index of regular threats and intimidation.
International Day To End Impunity is a time to reflect on these staggering figures and the tragic stories behind them. More importantly, however, it represents an opportunity to stand up and demand action. Demand that Russia’s President Vladimir Putin, Mexico’s President Enrique Peña Nieto, Pakistan’s President Mamnoon Hussain and the rest of the world’s leaders provide justice for those murdered. Demand an end to the culture of impunity in which journalists, writers, activists, lawyers, musicians and others can be intimidated, attacked and killed simply for daring to speak truth to power. Visit the campaign website to see how you can take action.
This autumn the Russian authorities have made it clear that they are intent on extending the blocking of websites. In September, two prominent State Duma members of the ruling United Russia party, Robert Shlegel and Maria Maksakova, submitted amendments to an anti-piracy law, prohibiting illegal distribution of movie. These entered into force on 1 August. The deputies propose to supplement the law with measures that protect the copyright of musicians, writers and computer program developers.
In November, Andrei Lugovoi, a MP from the rightwing nationalist Liberal Democratic Party, submitted a bill proposing the extrajudicial blocking of sites containing calls for riots or extremist activities, including calls to take part in public events held deemed to be in violation of the established order. Hitherto, such sites have been subject to blocking by a court order. This initiative was met with general approval by members of the State Duma.
On 23 September the Chechen Republic prosecutor announced the filing of writs against internet service providers (ISPs), demanding restrictions on access to a website publishing the anti-Putin polemic “Putin’s plan is Russia’s misfortune”. The article is on the Federal List of Extremist Materials.
On 11 September the Chechen Republic prosecutor announced the filing of writs to restrict access to a website featuring the Islamist piece “Zaiavlenie komandovaniia mudzhakhidov Vilaiata Galgaiche” (Statement of the Mujahideen commanders of Vilayata Galgaiche), which is on the Federal List of Extremist Materials. The defendants were not identified in the report.
On 11 September it was reported the Leninsky district prosecutor had issued a writ to the ISP MAN Set for allowing public access to videos included on the Federal List of Extremist Materials. The ISP complied with the writ and those responsible for allowing access faced disciplinary charges.
On 10 September the Gorno-Altaysk city court granted the Altai Republic prosecutor’s motion demanding that the ISP Mobilnye Telesystemy restrict access “to an extremist video clip posted on 16 websites”. The clip in question was not specified. The decision was made in the absence of the defendant.
On 25 September the Moscow city prosecutor reported that the Kuzminsky district court had accepted the demand of the Kuzminskaia interdistrict prosecutor that the ISPs Click and Obiedinennye Lokalnye Seti limit access to five websites that made available Hitler’s Mein Kampf. The prosecutor also demanded a block on a website containing citizens’ personal data.
On 25 September the Krasnodar regional prosecutor reported that the Adlersky district court in Sochi had accepted the demand of the district prosecutor that it define two Islamist texts published on the VKontakte social network as extremist.
On 11 September the Urus-Martanovsky district prosecutor filed a lawsuit demanding that ISPs limit access to a website for publishing the video Videovestnik Russkoi Molodezhi (the Youth Messenger), included on the Federal List of Extremist Materials. The case is pending.
On 25 September the Ulyanovsk regional prosecutor reported that the Zavolzhsky district prosecutor had issued writs demanding the ISPs ER-Telecom Holding and Rostelecom cease offering access to the websites kcblog.info and t-kungurova.livejournal.com. Both are legally recognised as extremist [for being aliases] for the Chechen militants’ website Kavkazcenter.
On 13 September it was reported that the Petropavlovsk-Kamchatsky city prosecutor had issued demands that several schools install content filters to prevent access to websites containing extremist propaganda.
On 27 September it was reported that the Dankovskaia interdistrict prosecutor in Lipetsk region had demanded the director of Dankov Secondary School No 1 eliminate violations of the child protection law. An inspection had revealed that the internet filtering system installed on school computers was not blocking access to websites about drugs, pornography and suicide. It also allowed access to the texts of songs included in the Federal List of Extremist Materials.
On 17 September it was reported that the Omsk city prosecutor had identified a number of violations at Boarding School No 14 for visually impaired children. In particular, the school computers allowed access to Hitler’s Mein Kampf, included on the Federal List of Extremist Materials, as well as to websites containing pornographic images, violence and drug propaganda.
On 3 September it was reported that the Sverdlovsk regional arbitration court had accepted the demand of a fine for B N Yeltsin Ural Federal University, issued by the Ural regional office of the watchdog Roskomnadzor. The university had failed to submit an application for an access code to the register of banned websites. As a result, students had access to resources included on the register. The court imposed a fine of 30 thousand rubles on the university. The court’s decision has not yet entered into force.
On 11th September it became known that the local Penza’s prosecutor office asked the court to block access to the website Pobedish.ru (“You win”). The website is part of Perezhit.ru group – a suicide prevention resource that works with psychologists, psychiatrists, forensic experts and the clergy.
On 23 September it was reported that the Moskovsky district court of Kaliningrad had received a prosecutorial request that the ISP TIS-Dialo restrict access to several websites describing methods of committing suicide.
The Russian branch of Facebook came close to being blocked for publishing advertisements for illegal smoking blends in September, according to reports from the Itar-Tass news agency, citing Facebook’s Russian press service. Facebook said users had reported the ads for smoking blends on 16 September and the company had been unable to do so because of a technical glitch. The incident followed a warning from the Federal Antimonopoly Service (FAS) that it intended to inspect social networking sites for ads for banned substances. The media watchdog Roskomnadzor subsequently warned Facebook that it had been provisionally placed on the register of banned websites and would be shut down if it did not remove the ads. Facebook announced on 19 September that it removed the offending content.
On 18 September it was reported that the Kurgan regional office of Roscomnadzor had compiled reports on two ISPs that were not blocking access to websites advertising illegal drugs.
On 17 September it was reported that Sergei Trushin, deputy head of the Yekaterinburg administration, had sent a letter to the regional office of the interior ministry requesting action against websites advertising the sale of alcohol. The Ministry of Internal Affairs shut down the sites and the people behind them were fined.
On 3 September it became known that the Sverdlovsk regional court had accepted the demand of the Kirovsky district prosecutor in Yekaterinburg that the ISP VympelCom-Communications block five gambling websites based on foreign servers. The demand had been accepted by a district court but the ISP had appealed.
On 12 September the Tomsk regional prosecutor announced that the Strezhevoy town prosecutor had filed a lawsuit against the ISP Danzer demanding restrictions on access to eight online casinos. The ISP complied by blocking the sites.
On 5 September Rostelecom blocked its subscribers’ access to the largest UK betting website, williamhill.com. The ISP Qwerty in Moscow and the surrounding region also blocked access to the site.
Rostelecom subscribers could not access the website’s primary domain, online casinos or online poker sites. Instead, they saw a message announcing that the domain had been blocked by court order or that the address had been placed on the register of banned websites.
On 5 September Moscow city court accepted the claim of NTV-Profit against 11 online torrent sites — free-torrents.org, inetkino.org, rejtinga.net, nnm-club.me, hotbase.org, x-torrents.org, goldenshara.com, rutor.org, torrnado.ru, torrent-shara.org, nntt.org – that were distributing the popular Russian-made films Vor (The Thief), Krutoi Povorot (Sharp Turn) and Interny (The Interns).
On 5 September Moscow city court accepted a request by the Central Partnership Sales House requesting to block the torrent portal Rutracker.org to prevent it distributing the American films Now You See Me and Taken 2. Rutracker removed the films and avoided being blocked.
On 9 September it was announced that the Tsentralny district court had granted a request by the Zheleznodorozhny district prosecutor of Novosibirsk to declare an icon-like image of Pussy Riot, created by the artist Artyom Loskutov, banned from distribution via the internet. The image has been added to the register of banned websites.
On 24 September it was announced that the Yegoryevsk city court had granted the city prosecutor’s motion against Yegoryevskaia Telekommunikatsionnaia Kompaniia (Yegoryevsk Telecommunications Company) to limit access to an online casino website. Earlier, the same court had ruled in favour of the provider, but the prosecutors challenged the decision, and the Moscow regional court sent the case back for retrial. The Yegoryevsk city court ordered the provider to restrict access to the site, but the access to the website was found to already be blocked – perhaps, by the online casino’s owner or another operator. However, the court insists that Yegoryevskaia Telekommunikatsionnaia Kompaniia should be the one to implement access restrictions. The court provided no advice on how to block an already inaccessible site.
On 25 September the Stavropol regional prosecutor reported that the Novoaleksandrovsky district prosecutor had filed a claim in Leninsky district court against the Stavropol regional branch of Rostelecom, demanding restrictions on access to the website royallib.ru. The site provides public access to the book Skiny: Rus probuzhdaetsya (Skinheads: Rus Is Awakening) by Dimitri Nesterov, which is on the Federal List of Extremist Materials
On 13 September it was reported that Roscomnadzor had included the porn site redtube.com on the register of banned websites. The reason for placing the site on the register was not specified, but it might have been because it published a cartoon entitled “Hentai school girls fucking for better grades”.
On 6 September it was announced that the central investigations directorate of the ministry of internal affairs in the Moscow Region had demanded that the website of Dozhd (Rain) TV channel be blocked for violation of Part 2 of the Criminal Code Article 282 (“incitement to hatred or hostility and humiliation of human dignity”). TV Dozhd is the country’s most popular online TV news channel and is relatively independent. The exact nature of the material deemed objectionable was not reported. The Ru-Center domain registrar confirmed the existence of the police request, but, since the request was filled out incorrectly, the TV channel website was not blocked. Interior ministry representatives subsequently denied the reports. The administration of Dozhd also stated that they had received no such orders from the ministry of internal affairs.
On 6 September it was reported that the Kirovsky district prosecutor in Saratov had filed a lawsuit against the ISP Saratovskaia Sistema Sotovoi Sviazi (SSSS) demanding that it restrict access to an internet portal advertising a bankrupt company. The ISP refused to block the relevant IP address because it was also used by three unrelated sites. In addition, the provider stated that it had no control over IP address changes, while an advertiser could always change it. However, the court granted the prosecutor’s claim and ordered the ISP to restrict access to the site.
On 3 September it was announced that the Moscow arbitration court had fined the ISP KMC Telecom and that the Saratov regional arbitration court had fined the ISP Hemikomp for ignoring the requirement to sign up to the register of banned websites. In both cases, the decisions were made based on evidence from the media watchdog Roskomnadzor. It said the ISPs’ reluctance to register and block access to websites listed on the register was in violation of Part 3.14 of the Administrative Code (entrepreneurial activity without state registration).
On 14 September it was reported that the Amur office of Roscomnadzor had filed administrative responsibility reports against the following ISPs: Amurtelekom, A- Link, Transsvyaztelekom, Inter.kom, KRUG, GudNet, Moia Komputernaia Set, Gorodok, and Edinaia Gorodskaia Set. Roscomnadzor demanded penalties for their failure to comply with the register of banned websites. If the violation is not addressed, each provider faces a fine of up to 40,000 rubles.
On 26 September it was reported that www.i-zpp.ru, a consumers’ rights website, had been added to the register of banned websites. The addition was triggered by the decision of the Salekhard city court of 18 April 2013 to block access to websites containing extremist materials. The consumer protection website had been blocked because it had the same the IP- address as extremist websites. In late September the site was, once again, accessible from Moscow.
On 20 September it became known that Vladimir Kharitonov, the owner and administrator of the website Novosti elektronnogo knigoizdaniia (News of electronic book publishing, digital-books.ru), had filed an appeal with the Moscow city court against Roskomnadzor’s decision to include it on the register of banned websites. Kharitonov had previously attempted to appeal the decision, but the Tagansky district court dismissed his appeal in March. The Moscow city court did the same in September. The owner of the website intends to appeal to the European Court of Human Rights.
On 17 September it became known that the Omsk city prosecutor had succeeded in blocking 15 websites. Previously, the Tsentralny district court had dismissed the claim of the Omsk city prosecutor demanding that the local branch of Rostelecom restrict access to 15 sites selling certificates and diplomas. The prosecutor appealed the decision and the Omsk regional court overturned the lower court’s decision and ordered the internet provider to block the websites.
This article was originally posted on 22 Nov 2013 at indexoncensorship.org
News that UK journalist Kieron Bryan was granted bail by a Russian court was greeted with relief yesterday.
Kieron has been granted bail. This ordeal is not over, but this is a wonderful step in the right direction. Next step: bring KJ home
— Free Kieron (@FreeKieron) November 20, 2013
Bryan faces a charge of ‘hooliganism’ after he was arrested while filming a Greenpeace protest on an Arctic Ocean oil rig.
Hooliganism is defined in article 213 of the Russian criminal code as “a gross violation of the public order which expresses patent contempt for society, attended by violence against private persons or by the threat of its use, and likewise by the destruction or damage of other people’s property”
Bryon could end up with a two-year sentence should he be convicted. That’s what Nadezhda Tolokonnikova, Maria Alekhina and Ekaterina Samutsevic of Pussy Riot received after they were convicted of “hooliganism motivated by religious hatred” in October 2012. Samutsevic has been released on bail, but Alekhina and Tolokonnikova remain in prison. There were fears for the wellbeing of Tolokonnikova recently after authorities could not confirm her whereabouts in the course of a prison transfer.
In the past week, artist Pyotry Pavlensky was charged with hooliganism for nailing his scrotum to Red Square, in what he said was a protest against political apathy.
Azerbaijan meanwhile, defines it as “deliberate actions roughly breaking a social order, expressing obvious disrespect for a society, accompanying with application of violence on citizens or threat of its application, as well as destruction or damage of another’s property…”
In May of this year, Azerbaijani activist Ilkin Rustamzadeh was sentenced to two months pre-trial detention for a hooliganism charge after he allegedly took part in a “Harlem Shake” video. Rustamzadeh, who had been active in calling for investigations into the deaths of young soldiers in Azerbaijan’s army, denied ever having taken part in the videos.
Before that, in 2009, Azerbaijan had jailed two young activists for hooliganism after they posted a video on YouTube satirising the government’s expenditure on importing donkeys from Germany.
It was suggested that the donkey import was a cover for money laundering. Shortly after the video was posted, the activists, Emin Milli and Adnan Hadjizadeh, were attacked in a Baku cafe. They were blamed for the fight and sentenced two and a half years and two years respectively.
In Belarus, Alexander Lukashenko’s regime frequently uses hooliganism charges to harass journalists and activists. Lukashenko is so paranoid about dissent that he at one point banned clapping in public, so its unsurprising that moderators of online anti-government groups get arrested. In August 2012, Pavel Yeutsikheieu and Andrei Tkachou, administrators of the “We are fed up with Lukashenko” group on Russian social network VKontakte, were both given short prison sentences for “minor hooliganism”.
In the old Soviet Union, inconvenient people were often declared mad and locked up by the authorities. Now, they’re classified as hooligans.
The United Nations got together yesterday to adopt a resolution calling for a world truce during the Winter Olympics kicking off in Sochi, Russia in exactly three months. This has become a tradition over the past 20 years — a symbolic gesture in the months leading up to the games. For the first time, however, it called upon the host country to “promote social inclusion without discrimination of any kind.”
Obviously a thinly veiled reference to the overtly anti-LGBT legislation Russia passed back in June. The vaguely worded ban on “gay propaganda” aimed at minors has sparked outrage across the world, with some activists calling for a boycott of the games.
But have no fear — Sochi Games chief Dmitry Chernyshenko, present at the UN, reminded us all that President Putin has repeated “three times” that there will be “no discrimination”.
THREE TIMES, YOU GUYS.
While you will forgive me for reserving my judgment on that particular guarantee for now, it is worth noting what was not mentioned in the resolution and what we were not given any assurance about. The right to freedom expression — or rather lack thereof — stands at the core of this issue. Since the law came into power, LGBT protesters have been attacked and arrested. Authorities have warned that spectators and athletes can be fined for “gay propaganda”, like displaying rainbow flags.
I don’t know about you, but to me that seems to fly in the face of the the universal human right to freedom of expression and assembly. But maybe it was simply an oversight, and this is next on the agenda. In which case, I’ve got a few suggestions on where to start.
For one, there are currently 28 Greenpeace activists and two journalists under arrest in Russia. They were staging a peaceful protest by a Gazprom oil rig on September 18, when their ship was boarded by Russian security forces. They are currently detained in a prison in St Petersburg. Initially held on piracy charges with a potential 15 year sentence, they have now been downgraded to hooliganism. This could still mean up to seven year in jail. Again, that’s for a peaceful protest.
Then there’s the case of the TV crew from the Norway’s Olympic broadcaster TV2. While filming a recent report in Sochi, they were taken into custody, interrogated, harassed and denied contact with the Norwegian embassy. The journalists were also told that they were now ‘blacklisted’. Not very encouraging to hear if you’re a critical foreign reporter heading to Sochi in February, never mind a member Russia’s perpetually repressed independent press.
And of course, you can’t talk about freedom of expression in Russia without mentioning Pussy Riot. Two members of the feminist punk group have been in prison since February 2012. The latest news was the apparent disappearance of Nadezhda Tolokonnikova as she was moved between prisons. This came after the Guardian published an open letter where she detailed the horrible conditions they were being held under. It soon emerged that she might be, like in some sort of Soviet nightmare, sent to Siberia.
One of the fundamental principles of the Olympics deals with “preserving human dignity”, and there is no doubt that freedom of expression is a pretty big part of that. Rather than listening to Putin’s empty promises, we should be measuring up Russia’s commitment to “human dignity” where it counts.
This article was originally posted on 7 Nov 2013 at PolicyMic.com