Brutal repression of human rights

29 September 2010

Brutal repression of human rights defenders in historic crackdown

BCHR president Nabeel Rajab is skyped into a Human Rights Council meeting on Bahrain, organised by CIHRS.

CIHRS

Hundreds of Bahraini political activists, human rights defenders and Shiite religious figures have been arrested in recent months - many of them tortured in detention - in the worst crackdown on free expression the country has ever seen, report the Bahrain Center for Human Rights (BCHR), the Cairo Institute for Human Rights Studies (CIHRS), the Arab Network for Human Rights Information (ANHRI) and Human Rights Watch. Authorities have blocked numerous websites, shut down independent rights groups and threatened rights defenders who have criticised the torture of prominent activists.

The international community's silence about repressive measures in Bahrain only gives tacit support to authorities to continue stifling dissident voices who are potential monitors to parliamentary elections on 23 October, say 26 rights groups, including BCHR, CIHRS, ANHRI and the Egyptian Organization for Human Rights (EOHR). It is widely expected that there will be elections abuses as part of a long-held pattern of political marginalisation of Shiite and opposition communities.

To prevent independent and critical information from being published, the Bahrain Information Affairs Authority has censored the website of Al-Wefaq Society, the largest political society in the country. The Society had recently announced plans to launch a visual and audio service on its website, as well as plans to participate in the elections.

There has been a systematic campaign to create a complete media blackout, says BCHR. Among the blocked websites is BahraniNet.net, known for its rapid media coverage and photos of protests. Most of the blocked websites are discussion forums that belong to Shiite villages that continue to deal with unrest and arrests of protesters.

The Information Affairs Authority has also banned the publication of information about detained activists and has ordered all civil society organisations to support the regime or face harassment. As a result of this intense repression, BCHR and the Bahrain Youth Society for Human Rights (BYSHR) have been forced to temporarily relocate to Europe. Some human rights activists have been prevented from travelling, including Nabeel Rajab of BCHR, and Laila Dashti of BYSHR, who was supposed to attend the 15th session of the United Nations Human Rights Council last week, where CIHRS was organising events on Bahrain, including delivering an oral intervention before the Council.

The minister of development and social solidarity issued a decree to dissolve the managing board of the Bahraini Association for Human Rights and replace the elected chairman with a government official - guaranteeing the government's control over the organisation. This decision came after the organisation expressed solidarity with victims of the crackdown. The society has made several statements affirming the basic rights of detainees, including access to lawyers and family members and their right to a fair trial.

BCHR and other local human rights groups have also strongly criticised the government's treatment of detainees and published reports saying that security forces have carried out torture.

Human Rights Watch has called on King Hamad bin Isa Al Khalifa to conduct an independent investigation into recent allegations of torture and ill-treatment of prominent opposition leaders and demonstrators by security forces. Recent arrests of high-profile opposition leaders and activists are linked to their criticism of government policies.

In response to the crackdown, rights organisation Front Line went on a mission to Bahrain that was completed on 29 September. The mission focussed on the case of imprisoned blogger and human rights activist Ali Abdulemam, who has been held incommunicado for the last three weeks, denied so much as a phone call.

Iran : A blogger been sentenced 19.5 years in prison

29 September 2010

The "Blogfather" gets 19 years in regime's war on opinion

One blogger has just been sentenced to 19.5 years in prison, another faces the death penalty and three journalists have been handed multi-year prison terms in Iran, report IFEX members. Take action now to support "The Blogfather," as Hossein Derakhshan is known, by signing the petition at: http://www.freetheblogfather.org/

The 19.5-year sentence for Derakhshan, a dual Canadian-Iranian citizen, has shocked free expression advocates around the world, many of whom admire the 35-year-old for being the first to post Farsi instructions on how to blog in 2001. ARTICLE 19, Canadian Journalists for Free Expression, the Committee to Protect Journalists (CPJ), Index on Censorship and PEN Canada have prepared a joint action on Derakhshan's case, which they have appealed to other IFEX members to sign.

Calling on Iran to immediately release Derakhshan and for the international community to step up pressure in support of Iran's political prisoners, the statement attests that, "Prison is no place for Hossein Derakhshan or for the dozens of other writers, journalists, academics and bloggers who continue to languish in Iran’s jails."

Derakhshan's sentencing occurred in a closed-door courtroom on 28 September, but was confirmed by Reporters Without Borders (RSF) with his family in Canada, who were informed via a telephone call from the judge on the case.

Derakhshan returned to Iran from Canada in November 2008 after authorities promised him he would not face charges. Yet, he was arrested at the airport on grounds of "insulting government leaders and Islam's holy texts." The blogger has published posts critical of Ahmadinejad and other fundamentalist clerics in the past but, in light of his recent writings in support of Ahmadinejad's policies, Derakhshan did not think he would be prosecuted, let alone tortured in prison.

The lengthy term does not bode well for Vahid Asghari, a 24-year-old pro-reform blogger and student who is currently awaiting sentencing and for whom prosecutors have suggested the death penalty, report several IFEX organisations. Asghari was arrested in the spring of 2008 and tortured into falsely confessing that he ran an online pornographic network. His actual crime, however, was hosting the websites of dissidents and opposition members.

Meanwhile, three journalists arrested in the months following Iran's disputed June 2009 elections, have been sentenced to prison. Shiva Nazar Ahari is a 26-year-oldreporter for the Committee of Human Rights Reporters and an advocate for women's, children's and prisoners' rights. She has been convicted of "waging war against God" among other crimes and sentenced to six years. She had been facing the death penalty.

Emadeddin Baghi also received six years for a 2007 interview he conducted for the BBC during which he challenged a since-deceased cleric. The International Federation of Journalists (IFJ) is calling his sentence "punitive and absurd."

Finally, CPJ reports that prominent columnist Issa Saharkhiz was sentenced to three years on 27 September for "insulting the Supreme Leader." Saharkhiz, a veteran journalist, has already reportedly suffered a heart attack while behind bars since he was detained shortly after the elections.

Behind the ludicrous charges is Iran's notorious security agency, the Revolutionary Guards, which was created a few months prior to the country's last election. Amid the mass street protests and state killings that marked the summer of 2009, the Revolutionary Guards announced they were going after a "network" of supposedly incendiary bloggers and journalists that were "urging the population to rebel," says RSF.

The Arabic Network for Human Rights Information, urged the Iranian regime to consider the geopolitical consequences of its actions at a time when appeals to consciousness seem to fall on dead ears: "Going further into repressing opposition voices and violating public freedoms will only bring about more animosities with the international community at the time Iran is in bad need to keep good relations."

5 August 2010

Take action!

Sign a petition for blogger facing execution

Blogger and human rights activist Shiva Nazar Ahari

Reporters Without Borders (RSF) is urging you to sign a petition to save the life of jailed Iranian blogger and human rights activist Shiva Nazar Ahari. She has been charged with assembly and collusion to commit a crime, propagating against the regime and, the heaviest charge of all, "mohareb", or rebellion against God. She is facing possible execution.

Ahari is scheduled to be tried on fraudulent charges before the Revolutionary Court of Iran on 4 September. She is a spokesperson for the Committee of Human Rights Reporters (CHHR) and has been in prison since December 2009. She had been jailed for four months immediately after the disputed June presidential election and was free on bail when she was rearrested in December.

To sign, please see RSF Germany's petition at:
Save Shiva Nazar Ahari

25 August 2010

Crackdown on rights defenders speaking out about torture and discrimination

Bahraini rights defender Abdul-Jalil Al-Singace has been imprisoned for his criticism of the regime's policies of arbitrary arrests, torture and discrimination.

Kristina Stockwood

Four Bahraini human rights defenders are among those recently jailed incommunicado, charged with inciting violence and terrorism, report the Bahrain Center for Human Rights (BCHR) and other IFEX members. Twenty-six human rights groups, including the Cairo Institute for Human Rights (CIHRS), the Arabic Network for Human Rights Information (ANHRI) and BCHR, say the counter-terrorism law is being deployed to criminalise free expression and to crush dissent in the lead up to elections on 23 October.

Abdul-Jalil Al-Singace was arrested on 13 August after returning from London where he spoke to the House of Lords about an increase in human rights violations and environmental degradation in Bahrain. He has criticised the systematic use of torture in prisons and discrimination against the country's Shiite population. Al-Singace, a blogger, is the head of the human rights office of the Haq Movement for Rights and Liberties (which has advocated boycotting elections), and an academic at the University of Bahrain. He has difficulty getting around without a wheelchair or crutches and is on medications he was not able to take with him to jail.

Abdul-Ghani Al-Khanjjar was arrested on 15 August after taking part in the same seminar in London as Al-Singace. Al-Khanjjar heads the National Committee of Martyrs and Torture Victims, which documents violations of torture. He is also the spokesperson of the Bahraini Coalition for Truth and Equity, made up of 11 Bahraini political and human rights groups.

On 17 August, BCHR reports that Board member Dr. Mohammed Saeed Al-Sahlawi and another rights activist, Jaffar Ahmed Jassim Al-Hisabi, were arrested. Al-Sahlawi has been arrested and imprisoned in the past for demanding political change. Al-Hisabi has lived in the United Kingdom for the past 15 years and was arrested at Bahrain airport, as he returned from a trip to Iran; he is known for his participation in protests in the UK demanding the release of detainees.

During this period, four religious and political activists were also arrested: Sheikh Mohammed Al-Moqdad, Sheikh Saeed Al-Nori, Sheikh Mirza Al-Mahroos and Sheikh Abdulhadi Al-Mukhuder.

All the activists are being held in unknown places and their families and lawyers have been barred from visiting them. "We fear they are at risk of maltreatment or torture inside detention facilities," say the 26 rights groups. The Bahraini Authority is moving towards charging the activists according to the Bahraini Anti-Terrorism Law, which has been condemned by the UN Special Rapporteur on Promoting and Protecting Human Rights and Fundamental Freedoms in the context of counter-terrorism.

The arbitrary arrests sparked a wave of protests which have been brutally suppressed with sound bombs, tear gas, rubber bullets and physical violence. Members of Al-Singace's family were forcibly removed from the Bahrain airport after declaring a sit-in to protest his arrest. The same day, security forces violently dispersed a peaceful assembly of dozens of people, among them rights advocates, expressing their solidarity with Al-Singace in front of his home. Al-Singace's sister was injured by a rubber bullet. Several communities in the country demonstrated against the regime's policies of arbitrary arrests, torture, discrimination and raids on villages by security forces.

Meanwhile, state-owned media have launched a smear campaign against the activists. As well, Human Rights Watch reports that, on 15 August, the state-run Bahrain News Agency cited a source at the National Security Agency as saying Al-Khanjjar, Al-Nori and Al-Moqdad were arrested for activities that intended to "undermine security and stability in the country."

The state is tightening control over the electoral process in the parliamentary and municipal elections scheduled for late October 2010, says the joint action, in a step toward the political marginalisation of the Shiite majority. All of the activists being targeted are Shiite.

Iraq: Journalist kidnapped and killed

1 September 2010

Journalist kidnapped and killed

An Iraqi journalist was found dead on 24 August, six days after he was kidnapped, reports Reporters Without Borders (RSF) and the International Press Institute (IPI). Journalist Kamal Qassim Mohamed had been shot. In a separate incident in Baghdad, police stormed the home of a journalist, injuring his family members.

Mohamed's case underscores the need for legislation to protect journalists. At least 114 Iraqi journalists have been murdered in the past seven years. According to the Iraqi-based Journalistic Freedoms Observatory (JFO), attacks on journalists are rising.

On 27 August, police in Baghdad raided the home of the head of the Iraqi Press Agency, Haydar Hassoun Al-Fizaa, firing at his wife and relatives who were later hospitalised. Officials said the police had not known that Al-Fizaa owned the house and claimed no shots were fired.

1 September 2010

Newspaper suspended for exposing President's brother's crimes

A Togolese court has indefinitely suspended the distribution of a Benin newspaper after crippling it with a defamation charge and heavy fines for publishing an article linking Togolese President Faure Essozimna Gnassingbé's brother with drug trafficking, report the Media Foundation for West Africa (MFWA), the Committee to Protect Journalists (CPJ) and Reporters Without Borders (RSF). A newspaper photographer covering the court case was violently detained by gendarmes.

"Tribune d'Afrique", a private bi-monthly based in Benin, has a bureau in the Togolese capital of Lomé. The paper is sold and distributed in seven West African countries, with its highest circulation in Togo. Mey Gnassingbé sued the newspaper in May after it published the first of a three-part series, titled "The white powder darkening presidential palaces: Drug trafficking at the top of the state." It was charged with publishing false news and defamation.

The judge ordered the newspaper to pay US$113,000 to Mey Gnassingbé and fined Togo-based editor Aurel Kedoté, reporter Cudjoe Amekudzi and chief executive officer Marlène de la Bardonnie US$3,800 each. In a punishing twist, the newspaper has been ordered to publish the judgement in three newspapers with large circulation or risk paying US$200 each day it refuses to carry out the order. And the court has also ordered the destruction of copies of "Tribune d'Afrique" with the offending article, currently being sold.

The paper's critical coverage of the Togolese state has resulted in threats from officials and the government-controlled media regulatory authority and loss of government advertising revenue.

Didier Ledoux, a reporter for the privately owned "Liberté" daily newspaper covering the defamation trial, was arrested and beaten by security officers for photographing the court building. The gendarmes wanted to delete the photo he had just taken because they thought they were in it. The Union of Independent Journalists of Togo (UJIT) and the Committee of Newspaper Owners immediately called the head of the gendarmerie and Ledoux was released.



http://www.ifex.org/togo/2010/09/01/suspension_fine/

Bangladesh: Opposition Newspaper Raided by Police And Forced to Close

PRESS RELEASE

4 June 2010

Bangladesh: Opposition Newspaper Raided by Police
And Forced to Close

ARTICLE 19 is deeply concerned that daily newspaper Amar Desh has been forced to close after 200 police entered the printing press in the middle of the night and halted production.

Police entered the printing press and the newspaper’s office following the government’s cancellation of Amar Desh’s licence to publish. Deputy Commissioner of Dhaka, Muhibul Haque ordered the cancellation following a dispute between the acting-editor and the publisher. Acting editor Mahmudur Rahman was also arrested in the raid and has been charged with resisting arrest, assault, and obstruction.

Acting-editor Rahman worked as an energy advisor to the previous Prime Minister Khaleda Zia and the Bangladesh National Party, who were in government from 2001 to 2006. Since the Awami League came to power in 2006, Amar Desh has aligned with the opposition, and staff have been charged with more than 20 counts of criminal defamation.

Amar Desh’s licence was cancelled by the deputy commissioner under Article 5 and 7 of the 1973 Printing Presses and Publications (Declaration and Registration) Act on the grounds that it has “no publisher”. The previous publisher, Hashmat Ali, had lodged a complaint on 1 June claiming that although he had left the newspaper, it continued to publish under his name, and may attract new criminal defamation cases against him as proprietor. Staff staged a sit-in when police later raided the newspaper.

Speaking to ARTICLE 19, leading journalist and former president of the Bangladesh Federal Union of Journalists, Monjurul Ahsan Bulbul commented that the: “closure and highhanded manner it was done is unacceptable, however the matter of conformity with the provisions of the Printing Presses and Publications (Declaration and Registration) Act,1973, with regard to the use of authentic publisher should be left to be determined by the course of the law.”

ARTICLE 19 is deeply concerned that the raid and closing of the opposition newspaper was inappropriate and disproportionate.

ARTICLE 19 calls on the government to match their electoral pledge of upholding “freedom of all types of mass media and flow of information” (Pledge 19 of the Election Manifesto of the Bangladesh Awami League – 2008). We call on the government to adhere to its national and international obligations to protect alternative and critical voices and sources of information.

NOTES TO EDITORS:

• For more information please contact: Tahmina Rahman, Country Director, ARTICLE 19 Bangladesh, tahmina@article19.org +0171-303-9669.

Artist Alert: May 2010

May 2010

Artist Alert: May 2010

Art, in any form, constitutes a key medium through which information and ideas are imparted and received. Artist Alert, launched by ARTICLE 19 in 2008, highlights cases of artists around the world whose right to freedom of expression has been curtailed and abused, and seeks to more effectively promote and defend freedom to create.

Somalia: Music, sound effects and jingles banned

Extremist religious groups in Somalia have threatened radio stations telling them to stop playing all music, sound effects and even radio jingles. According to Freemuse, on 3 April Hisbul Islam leader Ma’allin Hashi Mohamed Farah gave radio stations 10 days to stop airing music or face undisclosed penalties. In response, on 19 April the leader of the government’s regional administration Abdikafi Hilowle Osman threatened to close down any radio stations that acquiesced to the threat. Four stations, Tusmo, Somaliweyn, Voice of Peace, and Xurmo, which reside within the government-controlled area of Mogadishu, have come under direct threat of closure from the government.

Côte d'Ivoire: Music banned for critiquing government

Two musicians alleged on 22 May that Côte d'Ivoire’s national television station has refused to air their popular music because it contains social and political commentary. Newspaper L'Expression quotes musicians Fadal Dey and Lago Paulin as saying that their “subversive” music is seen as critical of President Gbagbo’s government. Highlights of some of their tracks include songs forgiving previous governments on the basis that the present government is similarly as corrupt, and others stating that human rights and social securities are absent in the country. Media Foundation for West Africa states that the national television station, Radio Television Ivoirienne, regularly broadcasts pro-government music by groups that label themselves “patriot.”

Burma: Hip-hop defiance

After studying in London’ SAE Institute and inspired by regular visits to the British Library to read about traditional Burmese folk songs, Thxa Soe has become a hugely successful hip-hop artist in Burma, singing about current affairs in the country. According to the UK Guardian newspaper, Thxa’s concerts are policed by security uniformed and plain-clothed officers, attempting to monitor growing crowds that are using hip-hop to express issues in Burma. Unlike Burmese music and lyrics, which have to be approved by government censors before broadcast, the fluidity, dynamism and underground nature of hip-hop is proving hard to control. A number of Burmese bands are utilising the growth in new technologies to share un-censored music.

UAE: Controversy over Sex and the City 2 filming location

According to Time Out Dubai, the United Arab Emirate (UAE) media council announced that they had banned the film Sex and the City 2, released on 27 May, because the “theme of the film does not fit with our cultural values.” A representative from the national media council stated that the film was also banned for attempting to portray that it had been shot in UAE, when in fact in had been filmed in Morocco. According to film company New Line Cinema, the producers had asked to shoot in Abu Dhabi and Dubai in order to highlight the growing importance and modernity of the cities. Their application was refused without reason, which is why they filmed in Morocco. Interestingly, the media council have now removed all reference to the film ban from their website.

China: Uighur banned from cultural conference

Economist and writer Ilham Tohti has been warned not to try to attend a conference on Turkic culture by police visiting his home in Beijing. Ilham Tohti who is an ethnic Uighur had both a visa and official permission to leave China and was due to leave for Turkey on 15 April when police effectively banned him from travel two days prior. According to PEN, Tohti’s case follows a similar restriction on the writer Liao Yiwu who was due to make an appearance at Cologne literary festival but was removed from the aeroplane moments before leaving China.

Iran: Tim Burton calls for release of Jafar Panahi at Cannes

In an interview at the Cannes film festival on X, Tim Burton, head of the film festival jury, called on the Iranian government to immediately free Iranian film maker and Cannes prize-winner, Jafar Panahi. Burton told a news conference: “All of us are for freedom of expression. We fight for that every day and in our lives. So of course one should be free to express oneself.” Iranian security forces detained Panahi along with his wife, daughter and 15 guests on 1 March for allegedly making a film inside his own home on the Green Movement. Whilst his wife, daughter and guests have since been released, Panahi remains in the notorious Evin prison.

Egypt/Morocco: Bans and protests for Elton John

According to the news website Monsters and Critics, the Egyptian musicians’ union successfully lobbied authorities to ban the pop star Elton John from performing in a private concert in Egypt on 18 May. The union’s head, Mounir al-Wasimi, claimed that Elton should be banned due to his sexuality, asking: “How do we allow … calls for Middle Eastern countries to allow gays to have sexual freedom?!”

Elton John held another concert in front of 60,000 fans in Morocco on 26 May, despite calls from the Islamist Justice and Development Party to ban his attendance. According to Reuters, Mustapha Ramid stated the ban was because: “This man - sorry, I should say this person, not this man - is known for bragging about his homosexuality.”

Burma: Poet released five months after sentence finished

Burmese poet Saw Wei has been freed from detention five months after his sentence had officially run out. Sam Wei had served almost three years in prison because one of his poems was deemed by the government as “inducing crime against public tranquillity”. PEN American Centre states that Sam was detained in January 2008 for the poem titled ‘February the Fourteenth’, a short poem published in Love Journal in Burma for Valentines Day. The journal quickly sold out in Rangoon as word spread that the poem’s first letter on each line spelled out “General Than Shwe is crazy with power.”

Egypt: Minister attempts to ban Sufi ceremony

In May, the Egyptian Ministry of the Interior attempted to ban Sufi dhikr (a religious group ceremonial activity) from taking place in mosques, following the submission of an obscenity case by lawyers in the country against traditional stories One Thousand and One Nights. The government claims that such ceremonies are undermining public morality by allowing men and women to mix in tents and dance in ways that are not officially approved of.

NOTES TO EDITORS:

• For more information: please contact Oliver Spencer, oliver@article19.org, +44 20 7324 2500
• ARTICLE 19 is an independent human rights organisation that works around the world to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech.

Thailand: Attacks on Media Must Stop

20 May 2010

Thailand: Attacks on Media Must Stop

Following the surrender of “Red Shirt” leaders and the imposing of curfew in Bangkok, all sides must stop attacking the media in order to allow the media to report freely on the development of the crisis. The media must also uphold the professional standards of objectivity to gain public trust and credibility.

Protests across Thailand have continued today following weeks of growing conflict. Yesterday the Thai army surrounded and used live arms to disperse protesters calling for the dissolving of parliament and announcing early elections, killing many. Members of the Red Shirts, largely consisting of rural poor, have in recent weeks targeted national media houses claiming that they are biased towards the urban elite. The government, on the other hand, has blocked around 4,500 websites and former Prime Minister Thaksin Shinawatra’s Twitter feed amongst other censorship measures.

On Wednesday, the Red Shirts stormed national TV station Channel 3 and set cars on fire. Journalists at The Bangkok Post and The Nation also evacuated their building in fear of their safety. Following the crackdown, some protestors also turned on the media, threatening photographers taking pictures of retreating Red Shirts in particular.

The crisis has taken a heavy toll on journalists. International and national journalists have been killed and injured in the course of the crisis. In Wednesday’s army crackdown, Fabio Polenghi, an Italian photojournalist was killed by gunshot. He is the second journalist to have lost his life after Japanese cameraman for Reuters, Hiroyuki Muramoto, who was fatally shot on 10 April. At least five other international journalists from the Netherlands, USA, Canada and the UK, and a Thai photographer working for Australian Broadcasting Corporation have been injured thus far. Besides journalists working for foreign media, two local newspaper photographers - one working for Matichon and the other for The Nation – also suffered injuries in recent clashes.

“Such attacks, as well as threats to journalists and media censorship, seriously undermine a free media environment much needed at this critical moment when the public needs updated information from all sources to understand the situation,” says Dr Agnes Callamard, ARTICLE 19 Executive Director.

ARTICLE 19 calls on both sides to end the attacks on journalists and media censorship, and to ensure the right to information and right to expression are not compromised.

ARTICLE 19 also urges journalists to adhere to the professional standards of reporting, upholding objectivity and refraining from inciting violence.

NOTES :

• For more information please contact: Amy Sim, Asia Programme Officer, amy@article19.org, ARTICLE 19, +44 20 7324 2500

Pakistan: Freedom of Expression on Internet Must be Respected

For immediate release – 21 May 2010

Pakistan: Freedom of Expression on Internet Must be Respected

Decisions by a Pakistani High Court to ban numerous international websites and services violate international human rights law.

The Lahore High Court on 19 May ordered the Pakistan Telecommunication Authority to block the social network website Facebook and hundreds of other pages in response to a Facebook user calling for an “Everybody Draw Mohammed Day”. The court later ordered the blocking of YouTube for the same reason. The ban has resulted in numerous other websites also being affected, including Flickr, Wikipedia, Google, Twitter, some parts of the BBC, and accessing the internet through the Blackberry mobile service. The Express Tribune has reported that the total number of blocked websites has reached 1,000.

Participants of a media forum held yesterday in Karachi to discuss the ban were attacked by protesters accusing the organisers of blasphemy.

Previously, Pakistan has banned access to YouTube, Blogspot and Flickr, along with sites relating to corruption by political officials, human rights abuses by the army, nationalist political parties and religious minorities. An attempt to block YouTube in 2008 resulted in most of Pakistan being cut off from the internet after Pakistan Telecom rerouted all YouTube visitors worldwide to a false site, leading to a massive overload of traffic and YouTube being blocked worldwide for a short time. A cybercrime law adopted in 2008 authorises the death penalty for some offenses.

These expansive blocks of internet content violate Article 19 of the International Covenant on Civil and Political Rights, which states that all individuals have a fundamental human right to “to seek, receive and impart information and ideas of all kinds, regardless of frontiers … through any other media of his choice.” Pakistan signed the ICCPR in 2008.

Any curbs on the right to free expression must be strictly limited. The curb must be provided by a law which is clear and understandable, the interference must pursue a legitimate aim as set out under Article 19(3) of the ICCPR, and the restrictions must be necessary and proportionate. The blocking of millions of pages is clearly disproportionate.

“Leaders of countries around the world must understand that speech and information in new media such as the internet are equally protected under the fundamental right to freedom of expression,” says Dr Agnes Callamard, ARTICLE 19 Executive Director . “It is not lawful to ban millions of pages to prevent access to a few.”

ARTICLE 19 calls on the government to remove all blocks that are not justifiable under international human rights law and to reform legislation that allows for blocks to be imposed without due consideration of the freedom of expression.

NOTES :

• For more information please contact: David Banisar, Senior Legal Counsel, ARTICLE 19, banisar@article19.org +44 20 7324 2500

Mexico: A Fourth Journalist Goes Missing in Michoacan State‏

8 April 2010

Mexico: A Fourth Journalist Goes Missing in Michoacán State

Another journalist has been reported missing in Mexico, the fourth to disappear in Michoacán since 2006. Ramón Ángeles Zalpa, a journalist with more than ten years’ reporting experience, was last seen on 6 April at 13h00, when he left home for the National Pedagogical University, where he is also a professor.

ARTICLE 19 has initiated legal proceedings with local and federal authorities in an attempt to speed up the search for Ramón Ángeles. The organisation has also requested that the National Human Rights Commission grant him “precautionary measures”, a special status intended to guarantee the safety of an individual at risk, along with their family. The Special Prosecutor for Crimes against Journalists and the local Office of the General Attorney’s in Michoacán has now opened a file (number ACPGR/MICH/U-II/034/2010).

Ramón Ángeles is a correspondent for the local newspaper Cambio de Michoacán in Uruapan and Paracho municipality. He has covered government policy, public safety, and agricultural and environmental issues. Recently, he reported on an armed attack against an indigenous family on the boundaries of the municipalities of Angahuen and San Juan Nuevo Parangaricutiro.

Ramón Ángeles is the tenth journalist to have disappeared in Mexico since 2000 and the climate for media workers trying to exercise their professional duties remains risky across the country.

In an interview with ARTICLE 19, his family explained that they had received several unusual phone calls on Friday 2 April, the last of which was answered by Ángeles himself. The caller never spoke or identified themselves and the family was unable to say whether Angeles had received a message or not.

On 11 November 2009, Maria Esther Aguilar Casimbe, a crime reporter in Zamora working for Cambio de Michoacán, also went missing in similar circumstances. She has not yet been found.

ARTICLE 19 expresses its solidarity with the family of Ramón Ángeles, his colleagues and all employees of Cambio de Michoacán.

ARTCLE 19 is deeply concerned about the escalating number of attacks against journalists in Mexico, and especially about the evident pattern of violence in Michoacán

ARTICLE 19 urges the local and federal authorities to undertake all necessary measures to find Ramón Ángeles Zalpa, with all the urgency that is required in such cases. We also urge the authorities to launch a proper investigation into the perpetration of this abduction and ensure that those responsible are brought to justice.

NOTES :

• For more information please contact: Nicola Spurr, Senior Media Officer, nicola@article19.org, +44 20 7324 2500 or +44 772 686 7868.
• For information in Spanish, please contact Ricardo González, ricardo@article19.org, +52 551 054 6500 ext. 103 or +52 1 551 452 9008.

Maldives: Defamation Decriminalised

25 November 2009

Maldives: Defamation Decriminalised

The Maldives parliament has passed an amendment to the Penal Code abolishing five articles providing for criminal defamation. ARTICLE 19 welcomes these developments and calls on the authorities to ensure that they are brought into force as soon as possible.

The Bill was passed overwhelmingly by the People’s Majlis on 23 November, in a clear victory for freedom of expression. This was despite the fact that the parliamentary committee reviewing the Bill, proposed by the government, had recommended that it be rejected and the crime of defamation retained. The Bill was part of the government’s wider platform to enhance respect for freedom of expression. It was also prompted by the announcement last year of the newly appointed independent Prosecutor General that he would start pursuing criminal defamation cases, reversing a prior practice of not bringing such cases. A few criminal defamation cases have been brought over the last year.

The decriminalisation of defamation was also one of the recommendations in a joint report by ARTICLE 19 and UNESCO, Assessment of Media Development in the Maldives, which applies UNESCO’s Media Development Indicators to the Maldives. The Assessment was launched in the Maldives on 28 October 2009.

ARTICLE 19 is very pleased to welcome the Maldives to the growing community of democracies around the world that have decriminalised defamation and we call on the government and parliament to continue to introduce needed reforms in the area of freedom of expression, including in the areas of broadcasting and the right to information.

NOTES TO EDITORS:

• The Assessment of Media Development in the Maldives is available at: http://www.article19.org/pdfs/press/maldives-assessment-of-media-development.pdf
• For more information please contact: Toby Mendel, Senior Legal Advisor, a19law@hfx.eastlink.ca, +1 902 431-3688

Concerned About Continued Harassment of Oleg Orlov Under Criminal Defamation Laws

16 December 2009

Russia: ARTICLE 19 Concerned About Continued Harassment of Oleg Orlov Under Criminal Defamation Laws

ARTICLE 19 expresses its concern about the ongoing civil and criminal defamation proceedings against Oleg Orlov, head of the Russian human rights organisation Memorial. ARTICLE 19 is especially concerned that Orlov faces criminal charges after his civil trial – for the same alleged defamatory remarks about Chechen President Ramzan Kadyrov – has already been settled.

The cases against Oleg Orlov relate to remarks he made after the kidnapping and murder of Natalia Estemirova on 15 July 2009. Estemirova was a prominent human rights defender and represented Memorial in Chechnya. She was abducted near her home in Grozny and her body was found later the same day near Nazran, in neighbouring Ingushetia.

Orlov stated that he believed that Ramzan Kadyrov was morally responsible for the murder of Natalia Estemirova and for the overall deteriorating human rights situation in Chechnya. These remarks were later published on the Memorial website and Kadyrov sued Orlov for defamation.

On 6 October, the Tverskoy District Court of Moscow partially satisfied Kadyrov’s claims and ordered Orlov and Memorial to pay 70,000 rubles (approximately USD2,400), as well as publishing a retraction saying that the statement "does not correspond to reality”. Orlov and Memorial currently have a pending appeal against this ruling.

Subsequently, on 20 October, Orlov was further charged with defamation under Article 129.3 of the Russian Criminal Code, for the same original statement. This trial is now underway and he faces up to three years’ imprisonment if convicted.

ARTICLE 19 considers that criminal defamation is a breach of the fundamental right to freedom of expression. The organisation believes that all criminal defamation laws should be abolished and replaced, where necessary, with appropriate civil defamation laws. The criminalisation of a particular opinion or expression implies a clear State interest in controlling it, and imparts a social stigma to it, neither of which is justified in relation to the protection of individuals’ reputations. The use of civil proceedings in defamation cases is sufficient for the protection of one’s honour and reputation.

These proceedings against Oleg Orlov also come at a time when the Government of the Russian Federation has been specifically urged by the UN Human Rights Committee to protect the right to freedom of expression, as part of its obligations under the International Covenant for Civil and Political Rights (ICCPR).

The UN Human Rights Committee, in its sixth periodic review of the Russian Federation’s performance under the ICCPR in October this year, expressed concern over the use of criminal defamation legislation in Russia stating “that the practical application of the Mass Media Act as well as the arbitrary use of defamation laws has served to discourage critical media reporting on matters of valid public interest, adversely affecting the freedom of expression in the State party.” In its recommendations, the Committee called on the government to de-criminalise defamation and subject it only to civil lawsuits, capping any damages awarded, and to amend its Criminal Code to reflect the principle that public figures should tolerate a greater degree of criticism than ordinary citizens and ensure that the laws have a proper balance between the protection of a person’s reputation and freedom of expression.

In addition, the European Court of Human Rights (ECtHR) is very clear that public officials should tolerate more, not less, public criticism, especially in matters of significant public interest. The Court also stresses the fact that public officials have voluntarily accepted posts that may leave them open to criticism and that there are often alternative means of redress rather defamation cases, namely by publicly countering accusations.

In particular, a 2007 ruling in the Dyuldin and Kislov v. Russia case states, “ dominant position which the government occupies makes it necessary for it to display restraint in resorting to libel proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries or the media.”

ARTICLE 19 also stresses that the ECtHR is clear about the distinction between statements of fact and statements of opinion. In practice, the Court allows a considerable degree of leeway to statements of opinion and has been liberal in its interpretation of what constitutes a fact and what constitutes a value judgement, normally deciding in favour of the latter. The Court has also held that requiring defendants to prove the truth of value judgements is illegitimate. This is because the existence of facts can be demonstrated, whereas the truth of a value judgment is not susceptible of proof. Furthermore, even in the cases of the absence of hard proof for allegations and strong language, the Court stressed that when the discussion is on a matter of important public concern freedom of expression should prevail.
Based on the above, ARTICLE 19 therefore calls on the Russian Federation to:

• To drop the criminal defamation case against Oleg Orlov and to take all necessary steps for decriminalisation of defamation as a matter of urgency.
• Immediately open a full and impartial investigation into the murder of Natalia Estemirova and ensure that both the perpetrators and instigators are brought to justice.
• Take all measures necessary to protect those reporting on human rights violations in Russia, and especially in the North Caucasus, against acts of violence, threats and intimidation.

NOTES TO EDITORS:

• For more information please contact Anoush Begoyan, Programme Officer for Europe at anoushb@article19.org or tel: +44 20 7324 2500.

also read
http://www.hrw.org/en/news/2009/11/03/russia-drop-criminal-libel-charges-against-activist

Concerns about the Retreat of Freedom of Expression in 2009

21 December 2009

Western Europe: ARTICLE 19 Raises Concerns about the Retreat of Freedom of Expression in 2009

According to an ARTICLE 19 statement, media freedom has been “retreating” in the countries of Western Europe throughout 2009. Research into incidents across the region has highlighted a number of problem areas where states have failed to abide by their obligations under international law to uphold the right to freedom of expression. ARTICLE 19 calls on the governments to fulfil their obligation to uphold the right to freedom of expression contained in international and European standards.

All countries within the region have committed themselves through key international and European treaties to safeguard freedom of expression as a fundamental human right. 2009 has witnessed violent assaults on journalists, limitations on their rights to report protests as well as violations of their right to protect the confidentiality of their sources. The statement also raises over-intrusive and far-reaching anti-terrorism legislation, internet surveillance and limitations of the right to information framework as key concerns. Further, the statement criticises the continuing existence of criminal defamation on the statute books of Western Europe and the considerable chilling effect this has on free speech. Several concerns are raised in relation to the increasing usage of civil defamation law, especially in relation to disproportionate awards for damages and the targeting of speech in the public interest. Worrying trends have also been reported in relation to media ownership and media plurality.

“The countries of Western Europe must be seen as leaders in the fight for freedom of expression,” says Dr Agnès Callamard, ARTICLE 19 Executive Director. “ARTICLE 19’s research demonstrates incidents where states have actively inhibited the right to freedom of expression – in direct contravention of their international obligations.”

The statement makes a series of recommendations to Western European states to address specific problem areas and abide by their obligations under international law.

NOTES :

• To view the full text of the open letter, please go to: http://www.article19.org/pdfs/press/western-europe-freedom-of-expression-in-retreat-in-2009.pdf
• For more information please contact: Oliver Spencer, oliver@article19.org or Barbora Bukovska, Senior Director for Law, barbora@article19.org, +44 20 7324 2500

Copenhagen: Transparency Disregarded

A Changed Climate for Free Expression and Freedom of Information




22 December 2009

Copenhagen: Voices of those Affected Ignored and Transparency Disregarded

The outcome of the Copenhagen summit was deeply disappointing. It failed to deliver the legally binding and fair global climate deal sought by civil society organisations and individuals, and promised by many governments. The process lacked transparency, and restrictions on freedom of expression were widespread.

“Whilst at the summit, we were especially alarmed by various restrictions on human rights - notably freedom of expression and the right to protest - which were imposed during the Copenhagen meeting,” says Dr Agnes Callamard, Executive Director of ARTICLE 19.

Over one thousand people were arrested during the middle weekend of the summit and also many accredited non-governmental organisation representatives were unable to attend the final stages of the meeting. Too much of the political negotiations took place behind closed doors and were led by the principal CO2 emitting states.

The resulting political document, the Copenhagen Accord represents the summit’s marginalisation of the voices, interests and participation of the states and peoples who are particularly vulnerable to the impacts of climate change.

Progress can only be made by honouring and elaborating upon the transparency provisions contained in the text and the drafting of a legally binding agreement at the next possible opportunity. ARTICLE 19 calls on states to resist adopting any such legally binding agreement in small groups without the participation of countries and communities most exposed to climate threats. A planet-saving treaty requires a multilateral approach in which all voices may be heard.

NOTES :

• Read ARTICLE 19’s analysis of the Right to Information and Freedom of Expression in Climate Change debates in English at: http://www.article19.org/pdfs/publications/changing-the-climate-for-freedom-of-expression-and-freedom-of-information.pdf
In Spanish at: http://www.article19.org/pdfs/publications/cambiar-el-clima-para-la-libertad-de-expresion-y-la-libertad-de-informacion.pdf
In French at: http://www.article19.org/pdfs/publications/changer-le-climat-pour-la-liberte-d-expression-et-la-liberte-d-information.pdf
In Portuguese at: http://www.article19.org/pdfs/publications/mudando-o-clima-para-a-liberdade-de-expressao-e-a-liberdade-de-informacao.pdf
In Arabic at: http://www.article19.org/pdfs/publications/arabic-changing-the-climate-for-freedom-of-expression-and-freedom-of-informa.pdf
• For more information please contact: Sejal Parmar, sejal@article19.org +44 20 7324 2500





9 December 2009

Copenhagen: ARTICLE 19 Calls for a Changed Climate for Free Expression and Freedom of Information

In a report released today to coincide with the United Nations Climate Change Conference in Copenhagen, ARTICLE 19 shows how responses to climate change will not be effective unless there is transparency in their development and implementation, a free flow of information and respect for freedom of expression.

“Across the globe, we have found instances of media reporting on climate change being silenced; scientists being censored; climate change protests repressed; activists investigating environmental disasters intimidated, arrested or even killed. Even the amount, origin and use of climate change funds are shrouded in secrecy,” says Dr Agnès Callamard, ARTICLE 19 Executive Director.

The ARTICLE 19 report – Changing the Climate for Freedom of Expression and Freedom of Information – shows that climate change debates and interventions have failed so far to fully integrate a freedom of expression perspective, and that this is evident in many national and regional responses to climate change.

For example, the report details examples where journalists and others have been threatened, harassed or prosecuted by authorities or large corporations, or risked their lives to cover environmental degradation in some parts of the world. In July 2009, the French journalist Cyril Payen was arrested by security guards and handed over to the police while investigating illegal logging by a leading Indonesian industrial group in Sumatra. In November 2009, Kumkum Dasgupta, senior assistant editor with the Delhi-based Hindustan Times and Raimondo Bultrini, reporter for the Italian newspaper L’Espresso were arrested while covering a Greenpeace protest against uncontrolled deforestation in Pelalawan district in the province of Riau, on Sumatra. In Brazil, Vilmar Berna, the editor of the Niterói-based environmentalist daily Jornal do Meio Ambiente, which exposes clandestine overfishing and threats to protected marine life in Rio de Janeiro Bay, has been a constant target of threats and intimidation attempts since May 2006.

With scientists being accused of trying to manipulate the debate on one hand, and on the other, evidence that scientists in the USA were pressured to delete references to climate change in scientific papers, or were prevented by authorities from talking to the media, the importance of transparency cannot be overstated.

“To date, public participation globally in planning for effective mitigation and adaptation in the face of climate change has been marked by high degrees of inequality of access to critical information in what is an increasingly technical but opaque international debate,” adds Callamard.

“This is a profoundly wrong departure point for our joint efforts to secure the future of the planet. No matter what positive outcome emerges from the Copenhagen Conference, little will be delivered unless and until implementation is accompanied by full respect for the free flow of information, the free exercise of public debate, a free and independent media, transparency and accountability.”

The Copenhagen Conference offers the international community an unprecedented opportunity to forge a legally enforceable framework to combat climate change.

ARTICLE 19’s report includes 34 recommendations addressed to states, the media and civil society aimed at addressing some flagrant but often unrecognised flaws in current climate change agreements and practices. The recommendations call for a strengthening of the environment for effective climate change responses by ensuring that human rights, and particularly freedom of expression and freedom of information, are fully integrated into climate change strategies and respected in their implementation.

In particular, ARTICLE 19 calls for:

• Strengthening the legal framework for protection of information and expression rights;

• Promoting the Aarhus Principles (contained in the 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters) in international agreements;

• The pro-active disclosure and updates of high quality information on climate change;

• Protecting and promoting the free flow of information and public debate;

• Promoting the participation of vulnerable groups;

• Open, effective and transparent systems of accountability at national and international level; and

• Addressing the disparities and inequality between states negotiating climate change agreements.

NOTES :

• To view the ARTICLE 19 report Changing the Climate for Freedom of Expression and Freedom of Information, go to: http://www.article19.org/pdfs/publications/changing-the-climate-for-freedom-of-expression-and-freedom-of-information.pdf
• For more information please contact: Sejal Parmar, Senior Legal Officer at ARTICLE 19, tel: +44 20 7324 2500; email: sejal@article19.org.

MARTIN ENNALS AWARD

CALL FOR NOMINATIONS FOR MARTIN ENNALS AWARD

The Martin Ennals Foundation is seeking nominations for its 2010 award for
human rights defenders. The deadline is 9 December 2009.

The award, worth 20,000 Swiss Francs (US$17,500), is given annually to
individuals or organisations that have demonstrated an exceptional record
of combating human rights violations by courageous and innovative means.
Special consideration is given to those who are at risk and in need of
immediate protection.

This year's award went to Emad Baghi, a leading Iranian human rights
defender based in Tehran. Baghi has been a vociferous opponent of the death
penalty in Iran and has campaigned to challenge interpretations of Islamic
law on the subject. He has spent four years in prison within the last
decade and still faces charges related to his work for prisoners' rights.

To download a nomination form or get more information, please visit:
Martin Ennals Award for Human Rights Defenders:
http://www.martinennalsaward.org/

CHINESE DISSIDENTS BARRED FROM MEETING WITH PRESIDENT OBAMA

 ASIA: CHINESE DISSIDENTS BARRED FROM MEETING WITH PRESIDENT OBAMA; CALLS
FOR AUNG SAN SUU KYI'S RELEASE

During U.S. President Barack Obama's first visit to Asia as president this
month, Human Rights Watch urged him to call on the 10-member Association of
Southeast Asian Nations (ASEAN) to resolve issues of impunity and major
restraints on freedom of expression throughout the region. As well, IFEX
members called on the President to press for the release of imprisoned
Chinese journalists and writers on his first official visit to the People's
Republic of China.

Obama met with ASEAN leaders on 15 November, the day after the annual
Asia-Pacific Economic Cooperation (APEC) forum in Singapore.

Human Rights Watch asked the President to communicate the importance to
ASEAN leaders of joining forces to challenge Burma and call for the release
of all political prisoners, including the democracy leader Aung San Suu
Kyi, as well as for an inclusive political process ahead of the 2010
elections.

The President personally asked Burmese Prime Minister Gen. Thein Sein to
free Suu Kyi and other political prisoners while in Singapore, says Mizzima
News. But a post-summit statement by ASEAN did not call for the Burmese
democracy leader's release, allegedly as a result of pressure from the
Burmese junta. 

Human Rights Watch also called on Obama to encourage Vietnam to improve its
human rights policies and to begin by releasing the hundreds of peaceful
government critics, independent church activists, bloggers and democracy
advocates currently imprisoned on baseless national security charges simply
for expressing dissent.

As well, Human Rights Watch appealed to Obama to directly challenge
Cambodian Prime Minister Hun Sen's authoritarian rule, as he and other
ruling party officials use violence, threats, and the country's notoriously
corrupt judiciary to eliminate dissent by imprisoning opposition party
members, journalists, land rights activists and other government critics.

Elsewhere in the region, Malaysia also takes advantage of overbroad
national security laws. Cambodia, Indonesia, and Singapore use criminal
defamation laws to control free speech and Thailand makes arbitrary use of
the "lese majeste" law and the Computer Crimes Act.

In China, IFEX members asked that human rights not be ignored in the midst
of discussions on reducing greenhouse gas emissions and trade tariffs.
Chinese authorities counted on Obama not to raise human rights, while
society activists, lawyers, and peaceful critics - the people Obama
normally allies himself with - hoped he would, said Human Rights Watch.
Obama himself is a writer and constitutional lawyer.

Chinese Human Rights Defenders (CHRD) reports that police clamped down on
dissidents across the country, with arbitrary detention and intimidation
tactics, so that critics would not be able to attempt to meet Obama or
foreign journalists. Others were strictly warned not to travel to Shanghai
and Beijing during the President's visit.

Obama tried to have a candid discussion with Chinese students in Shanghai
at a meeting of about 500 students. According to the International Press
Institute (IPI), Obama did respond to a question related to Internet
censorship. "I've always been a strong supporter of open Internet use. I'm
a big supporter of non-censorship," Obama said. However, he also added, "I
recognise that different countries have different traditions."

The International Federation of Journalists (IFJ) reports that Chinese
authorities forbade questions to Obama on the Internet, and ordered media
outlets to delete news about questions raised at the student forum. Despite
the ban, Obama responded to a question about Twitter that he got through
the Internet: "I should be honest, as President of the United States, there
are times where I wish information didn't flow so freely because then I
wouldn't have to listen to people criticising me all the time." According
to news reports, he added, "Because in the United States, information is
free, and I have a lot of critics in the United States who can say all
kinds of things about me, I actually think that that makes our democracy
stronger and it makes me a better leader because it forces me to hear
opinions that I don't want to hear."

In a letter to Obama, the PEN American Center called on the President to
intervene on behalf of more than 40 detained Chinese writers. IFEX members
highlighted several cases. Hu Jia, a freelance reporter and blogger and a
civil rights, environmental and AIDS activist, is serving a
three-and-a-half-year sentence for "inciting subversion." Liu Xiaobo, a
renowned writer, intellectual and literary critic, who has been detained
since December 2008, is facing 15 years in prison. Other detained writers
mentioned: Shi Tao, imprisoned for allegedly "leaking state secrets;" and
Du Daobin, Yang Tongyan and Zhang Jianhong, all serving long prison
sentences.

PEN said: "Finding writers in prison is a warning sign not only of the
state of fundamental liberties in a country but also of the health,
character, and vitality of the ideas in play and of the ability of citizens
to act on these ideas."

IPI called on Obama to focus on the link between press freedom and elements
of sustainability, poverty and governance, citing the Chinese famine of
1958-1961 in which 23 to 30 million people died. The absence of a free and
independent press meant the central government believed its economic
policies were working; in reality, millions were starving.

Similarly, the tragic outcome of the 2008 earthquake that struck China's
Sichuan province, killing more than 80,000 and rendering five million
homeless, was made worse because of poor infrastructure which investigative
journalism might have exposed, reports IPI.

Activists Tan Zuoren and Huang Qi are facing charges of subversion for
investigating the deaths of schoolchildren in the 2008 earthquake and
posting the information they had gathered online, report IFEX members.
Huang Qi remains in prison, along with at least 50 bloggers and 30
journalists throughout China.

PEN American Center concluded: "We do not write to suggest how or when you
should raise these cases or what you should say. We only ask that you not
be persuaded by those who would argue that pressing for the release of
writers is somehow counterproductive or inappropriate to the occasion."

Related stories on IFEX.org:
- PEN calls on President Obama to stand up for free expression in China:
http://ifex.org/china/2009/11/10/pen_letter_to_obama/

More on the web:
- Obama should raise human rights in China (Human Rights Watch):
http://www.hrw.org/en/news/2009/11/09/uschina-obama-should-raise-human-rights-china
- Obama should press Asian leaders on rights (Human Rights Watch):
http://www.hrw.org/en/news/2009/11/12/usasean-obama-should-press-asian-leaders-rights
- IPI calls on U.S. President to raise press freedom concerns during trip
to Asia:
http://www.freemedia.at/startpage/singleview/ipi-calls-on-us-president-to-raise-press-freedom-concerns-during-trip-to-asia/a530ea43ff/
- United States President touches upon human rights concerns during
official visit to China (IPI):
http://www.freemedia.at/startpage/singleview/press-freedom-update-united-states-president-touches-upon-human-rights-concerns-during-official-visit-to-china/2b202a1f59/
- China enforces new restrictions as Obama speaks out (IFJ):
http://asiapacific.ifj.org/en/articles/china-enforces-new-restrictions-as-obama-speaks-out
- U.S.-ASEAN meet fails to call for Suu Kyi's release (Mizzima News):
http://www.mizzima.com/news/world/3047-us-asean-meet-fails-to-call-for-suu-kyis-release.html

Iran: Government Launches Web Crime Unit

17 November 2009

Iran: Government Launches Web Crime Unit

The government of Iran has bolstered its censorship regime with the launch of a new Web Crime Unit tasked with policing the internet for “insults and lies”. The launch comes just months after the disputed election and the so called ‘Green Revolution’ which saw demonstrators utilise the web as an important tool for organising.

The 12 member Web Crime Unit will search the web ostensibly for cyber crimes and report them directly to the Chief Prosecutor. Although vowing to fight cyber crime in general, the Unit’s political nature is indicated by its emphasis on “insults and lies” – a term often used by the judiciary to describe opposition statements.

Iran’s Green Revolution in 2009 showed that the web is one of the last remaining bastions of free expression. Before, during and after the elections, opposition leaders Mir Hossein Mousavi and Mehdi Karroubi, as well as other reformists demonstrated the web’s potential to communicate views, inspire debate and organise support. The new Unit is the latest attempt to suppress the reform movement’s last real means of keeping its campaign alive. It also shows the Iranian authorities’ attempts to isolate the Iranian media and academic community from its global counterparts, and curtail cross-cultural dialogues and debates, with the view of maintaining tight control over information, ideas, and opinions.

“This new Web Crime Unit is clearly censorship and intimidation under the pretence of fighting crime,” says Dr Agnès Callamard, ARTICLE 19 Executive Director. “If the Iranian government arrests bloggers, activists and journalists, they are not only attacking individuals, but also undermining the rights of their fellow Iranians and others to hear the experiences and opinions of others.”

The Islamic Republic of Iran has ratified the International Covenant on Civil and Political Rights (ICCPR), and is therefore obliged as a matter of international law to respect the right to freedom of expression as guaranteed by Article 19.

NOTES :

• For more information please contact: For more information: please contact Amir Bayani: Amir@article19.org; Tel: +44 2073242514.
• Read ARTICLE 19’s Submission on Iran to the UN Human Rights Council Universal Periodic Review at: http://www.article19.org/pdfs/submissions/iran-article-19-submission-to-the-un-universal-periodic-review.pdf

Document: Aggressions Against Journalists

19 November 2009

Mexico: ARTICLE 19 Releases Third Quarterly Report Documenting Aggressions Against Journalists

ARTICLE 19, in conjunction with its partner Cencos, has launched a report pointing to a continuing deterioration of freedom of expression in Mexico and stating that the authorities remain the principal perpetrators of aggressions against journalists.

This is the third quarterly report detailing a total of 59 attacks against journalists and the media, including the killing of three journalists, from July to September 2009. ARTICLE 19 and Cencos have recorded 201 aggressions so far this year, as well as eight deaths.

In Mexico, journalists work in an evironment where organised crime and drug traffickers operate largely with impunity, often colluding with the authorities. Usually the most serious violations, such as assassinations and forced disappearances, can be attributed to organised crime.

However, ARTICLE 19’s figures continue to point to state authorities as the principal aggressors in nearly 72 per cent of cases. The deployment of the military and police in many parts of the country have not only resulted in an escalation of violence but, in some cases, new human rights violations committed by security forces. The ARTICLE 19 report also details several serious incidents involving government officials, including the harassment of staff at the political magazine Proceso by officials of the Ministry for Public Security.

The report further emphasises an increased number of aggressions commited by supporters of political parties, during recent elections at state level and in Congress. Local police forces and municipal officials are also responsible for attacks against media workers in various states, including Sinaloa, Veracruz, Oaxaca, Coahuila, Chihuahua, Guerrero and Mexico City.

Dario Ramirez, ARTICLE 19 Director for Mexico comments: “An assassination constitutes the most severe form of aggression and is an indicator of the adverse environment in which journalists and media workers are currently being forced to operate. Many of these cases have not been effectively investigated or resolved, and this constitutes a real and sustained campaign against the right to freedom of expression in this country.”

ARTICLE 19 and Cencos calls on the authorities to make a serious effort to tackle these violations of fundamental human rights and bring Mexico into line with international standards. This includes developing prevention policies, including adequate and effective human rights training for security forces, at all levels of national, state and local government.

ARTICLE 19 and Cencos reminds the Mexican State that the right to freedom of expression, which is established in the International Covenant on Civil and Political Rights implies a double obligation. The state is not only obliged not to violate the right, but also to protect it and promote an environment in which free expression is allowed to flourish.

ARTICLE 19 and Cencos reiterates its call on the Mexican State to tackle the impunity that is being allowed to prevail in the majority of cases of violations of the right to freedom of expression. This can only be achieved through the effective investigation of such crimes and the sanctioning of those responsible, as well as the strengthening of the bodies that are responsible for dealing with crimes against freedom of expression.

NOTES :

• To view the full report Attacks on Freedom of Expression in Mexico: Third Quarterly Bulletin go to: http://www.article19.org/pdfs/publications/mexico-attacks-on-freedom-of-expression-3rd-quarterly-report-.pdf
• For more information please contact: Ricardo Gonzalez, Programme Officer Freedom of Expression and Journalist´s Protection, Ricardo@article19.org +52 55 10546500
• For more information please contact: Iñigo Prieto Beguiristáin, Education and Research Unit, CENCOS, educacion@cencos.org, +52 (55) 55 33 64 75; +52 (55) 55 33 64 75 / 76 Ext. 108
• The Social Communications National Centre (Cencos) was the first organisation documenting attacks against the media in Mexico. Its work focused in promoting freedom of expression and press freedom as an individual right of all journalists and as a collective right of society to be informed.

New Attempts to Legitimise Religious Defamation using Principles of Blasphemy

20 November 2009

UN/Ireland: ARTICLE 19 Expresses Concern at New Attempts to Legitimise Religious Defamation using Principles of Blasphemy

ARTICLE 19 is extremely concerned that the submissions on defamation of religions brought by Pakistan on behalf of the Organisation of Islamic Conference (“OIC”) before the UN Ad Hoc Committee on the Elaboration of Complementary Standards (“Ad Hoc Committee”) adopted the exact wording of the provisions of Irish legislation on blasphemous libel contained in that country’s Defamation Act, passed in July 2009. This clearly shows that the Irish legislation is being used to legitimise the proposals of Pakistan and the OIC to establish defamation of religion as a principle of international law.

The Ad Hoc Committee is mandated to “elaborate, as a matter of priority and necessity, complementary standards in the form of either a convention or additional protocol(s) to the International Convention on the Elimination of All Forms of Racial Discrimination, filling the existing gaps in the Convention, and also providing new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred” (Human Rights Council resolution 6/21). Pakistan and the OIC seek to establish defamation of religions as a new normative standard. The Irish Defamation Act 2009 has also reintroduced the offence of blasphemous libel this year. This represents a dangerous trend towards the standardisation of blasphemous libel internationally.

ARTICLE 19 has previously raised its concerns with both the Irish legislation and the Pakistan proposal to the Ad Hoc Committee, and warned that both pose serious threats to freedom of expression and have no basis in established international standards. International human rights standards protect individuals and groups on the basis of their religion or ethnicity, but do not protect religions per se. Constituting defamation of religion in international law or domestic legislation distorts and undermines existing international human rights protection of both the right to freedom of expression and the right to equality. Furthermore, the concept of defamation of religions has been abusively relied upon to stifle religious dissent and criticism of religious adherents and non-believers in a number of countries around the world.

At the adoption of the Irish Defamation Act, the Irish Minister for Justice, Dermot Ahern, referred to the constitutional basis of the Act and assured that the Act is formulated in a way to make it almost impossible to successfully prosecute. However, the reliance by representatives of Pakistan on the Irish legislation shows that the Irish law has provided an extremely dangerous international precedent.

Sweden, on behalf of the European Union, responded to Pakistan’s submission to the Ad Hoc Committee specifically opposing defamation of religions as a human rights concept. It is ironic that the text to which the European Union is opposed is extracted directly from the law of a Member State and consolidated democracy.

ARTICLE 19 therefore urges:
• The Government of the Republic of Ireland to recognise the effect its legislation has globally on freedom of expression, and to amend its legislation concerning blasphemy and blasphemous libel in order to uphold the right to freedom of expression and set an important example to other states;
• The Ad Hoc Committee not to accept the proposals for a convention or additional protocol that oversteps in any way the long-established limits of international human rights law, principles and values which protect individuals and groups, rather than religious ideas, objects and symbols; and
• The European Union to call on the Republic of Ireland to comply with its obligations under international law to safeguard freedom of expression.

NOTES :

• For more information please contact Barbora Bukovska, Senior Director for Law, ARTICLE 19, at barbora@article19.org or +44 20 7324 2500;
• For a copy of the submission of Pakistan to the Ad hoc Committee on the Elaboration of Complementary Standards, see http://www.article19.org/pdfs/publications/racism-racial-discrimination-xenophobia-and-all-forms-of-discrimination.pdf
• For a copy of the Defamation Act 2009 of Ireland, see http://www.oireachtas.ie/documents/bills28/acts/2009/a3109.pdf.
• For a copy of open letter of ARTICLE 19 to UN Ad Hoc Committee on the Elaboration of Complementary Standards, see: http://www.article19.org/pdfs/press/open-letter-to-the-un-ad-hoc-committee-for-the-elaboration-of-complementary-.pdf. For a copy of the ARTICLE 19 statement on the Irish Defamation Act 2009, see http://www.article19.org/pdfs/press/ireland-blasphemy-amendment-contrary-to-free-speech.pdf

Sri Lanka: Journalists Still Under Threat

28 October 2009

Sri Lanka: Journalists Still Under Threat, Even As Conflict Ends

ARTICLE 19 is concerned that Sri Lankan journalists remain under threat, despite the official ending of the country’s decades-long civil conflict in May this year. Two editors from the Sri Lankan newspaper The Sunday Leader, Frederica Jansz and Munza Mushataq, are the latest to receive death threats, handwritten in red ink and delivered on 22 October.

The death threats arrived after the paper published a report on video footage allegedly showing Sri Lankan government soldiers executing Tamil prisoners. The footage, which was broadcast in the UK on Channel Four news, was deemed inauthentic by the government. However, The Sunday Leader ran a technical report from the USA stating that it had not been faked.

The Sunday Leader’s previous editor, Lasantha Wickrematunge was assassinated in January this year, three weeks after receiving a similar letter. After his death, The Sunday Leader published a posthumous editorial by Wickrematunge in which he blamed the Sri Lankan Government for attacks on journalists. He wrote: “Electronic and print media institutions have been burnt, bombed, sealed and coerced. Countless journalists have been harassed, threatened and killed. It has been my honour to belong to all those categories and now especially the last.”

The Sunday Leader’s managing editor Lal Wickrematunge told ARTICLE 19 today that they have lodged an official complaint and written to President Mahinda Rajapaksa this morning.

Journalist and former Convener of the Sri Lankan Free Media Movement Uvindu Kurukulasuriya comments: “The Sri Lankan government has failed to investigate the murder of Lasantha and bring his killers to justice and now there are the same death threats against his successors.”

ARTICLE 19 calls on the Sri Lankan government to immediately investigate the death threats against The Sunday Leader editor-in-chief Frederica Jansz and news editor Munza Mushataq, and to ensure the safety of both women.

“It is completely unacceptable to subject journalists and editors to the kind of violence and harassment that has become so commonplace in Sri Lanka,” comments Dr Agnès Callamard, ARTICLE 19 Executive Director. “The Sri Lankan government must take responsibility for the safety of working journalists and must ensure that the country’s commitment to the rule of international and domestic law is upheld.”

NOTES

• For more information please contact: Oliver Spencer, oliver@article19.org, +44 20 7324 2500

Russia: UN Human Rights Committee on Free Expression

2 November 2009

Russia: Government Must Respect Recommendations of UN Human Rights Committee on Free Expression

ARTICLE 19 welcomes recommendations by the United Nations Human Rights Committee (the Committee) in its concluding observations on the Russian Federation’s implementation of the International Covenant on Civil and Political Rights (the ICCPR). At the same time, ARTICLE 19 urges the Russian Government to take immediate steps to implement these recommendations, in particular those related to freedom of expression.

ARTICLE 19 submitted a shadow report for the 97th session of the Committee from 12- 30 October 2009 in Geneva that provided detailed evidence of a range of abuses of the right to freedom of expression in Russia.

In the Concluding Observations issued on 29 October 2009, the Committee expressed its concern “at the alarming incidence of threats, violent assaults and murders of journalists and human rights defenders, which has created a climate of fear and a chilling effect on the media, including for those working in the North Caucasus, and regrets the lack of effective measures taken to protect the right to life and security of these persons.” These concerns are similar to those of ARTICLE 19 in the shadow report.

Likewise, the Committee also recommended an amendment to the Criminal Code, in order to reflect the principle that public figures should tolerate a greater degree of criticism than ordinary citizens, and to decriminalise defamation, making it a civil matter with a cap on potential damages.

“These recommendations are particularly relevant today as Yuri Orlov, head of the Moscow-based human rights organisation Memorial, currently faces charges of criminal defamation,” says Dr Agnès Callamard, Executive Director of ARTICLE 19. “ARTICLE 19 wants defamation to be decriminalised worldwide because it has such a chilling effect on freedom of expression,” continues Callamard.

In addition, the Committee also reiterated previous recommendation to revise the Federal Law on Combating Extremist Activity, making the definition of "extremist activity" more precise and excluding any possibility of arbitrary application. ARTICLE 19 had expressed concerns that anti-extremist legislation had been used to suppress independent and critical viewpoints, especially with regard to definitions of “extremist literature” and “social groups” accused of inciting hatred in Russia.

When determining whether written materials constitute “extremist literature”, the Committee recommended that the government ensure that the experts giving evidence in court cases must be independent and that defendants in such cases must be able to offer counter-expertise. The Committee also found that the loose definition of “social groups” was open to interpretation by courts in a manner that afforded protection to state organs and agents.

ARTICLE 19 noted several cases from around Russia where law enforcement agencies, state prosecution officials and the military were recognised as “social groups” by experts and the courts, and subsequently effectively protected from public criticism or scrutiny under anti-extremism and hate speech laws. This practice clearly illustrates a tendency to use legislation to silence criticism of powerful state actors.

The Human Rights Committee has issued a clear call to the Russian Federation to make urgent changes to its domestic laws and practice, in order to bring the country fully in line with its obligations under the International Covenant on Civil and Political Rights. ARTICLE 19 endorses these recommendations, especially those that apply to the fundamental right to freedom of expression, and intends to continue monitoring the government’s implementation of these recommendations, along with all of the country’s freedom of expression obligations.

• For more information please contact: Nathalie Losekoot, Senior Programme Officer: Europe at Nathalie@article19.org or +44 20 7324 2500.
• For a copy of ARTICLE 19 shadow report, submitted to the Human Rights Committee as part of its preparation for the review of the sixth periodic report by the Russian Federation, see http://www.article19.org/pdfs/submissions/russia-written-comments-of-article-19-global-campaign-for-free-expression-co.pdf.
• For a copy of the Concluding observations of the Human Rights Committee on the sixth periodic report of the Russian Federation, see http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR.C.RUS.CO.6.doc (advanced version).