2013-2012
***29.11.2013. BURKINA FASO. Assassinat du journaliste Norbert Zongo: les plaignants accusent le frère du président burkinabè
(AFP) Les avocats des proches de Norbert Zongo ont mis en cause vendredi le frère du président burkinabè Blaise Compaoré dans l'assassinat du journaliste en 1998, au dernier jour d'un procès devant la Cour africaine des droits de l'Homme et des peuples. Depuis jeudi, la Cour, basée à Arusha (Tanzanie), examine une plainte des proches du journaliste et du Mouvement burkinabè des droits de l'Homme et des peuples contre le Burkina Faso, qu'ils accusent d'avoir failli à ses obligations de rechercher et juger les auteurs du meurtre.
"Ce que nous voulons, c'est savoir qui a tué Norbert Zongo", a réaffirmé vendredi l'avocat des plaignants, Me Bénéwendé Sankara, sans cacher que ses clients avaient "des raisons de croire" que le responsable était François Compaoré, frère du président.
"Une expertise balistique a été faite, une enquête internationale a été menée. L'Etat ne pouvait faire mieux", a répondu Me Antoinette Ouedraogo, avocate du Burkina Faso.
Le jugement sera rendu l'année prochaine.
Norbert Zongo, journaliste d'investigation et directeur de la publication de l'hebdomadaire L'Indépendant, avait été retrouvé mort calciné dans sa voiture avec trois compagnons en 1998, à une centaine de kilomètres de Ouagadougou.
Il enquêtait sur la mort de David Ouédraogo, chauffeur du frère cadet du chef de l'Etat, François Compaoré.
L'affaire avait provoqué un scandale et d'importantes manifestations populaires au Burkina Faso, et avait eu un retentissement international.
Six "suspects sérieux" avaient été identifiés par une Commission d'enquête indépendante mise en place par le pouvoir. Seul l'adjudant Marcel Kafando, ex-chef de la garde rapprochée du président burkinabè, avait été inculpé, avant de bénéficier d'un non-lieu.
En 2006, la justice burkinabè avait classé le dossier, officiellement pour manque de preuves.
Interrogée par l'AFP, Geneviève, la veuve de Norbert Zongo, s'est dite prête à poursuivre son combat jusqu'au bout pour obtenir la lumière sur ce qu'elle considère comme "un assassinat politique".
La Fédération internationale des Ligues des droits de l'Homme, qui parle dans cette affaire de "déni de justice", a estimé que la Cour avait "une occasion très importante de montrer qu'elle est aux côtés des victimes et qu'elle a une véritable utilité pour garantir la souveraineté et l'indépendance de la justice en Afrique".
La Cour, créée par l'Union africaine peut ordonner à un Etat de conduire une enquête ou de verser des dommages et intérêts.
Ses jugements ne sont pas susceptibles d'appel. Si un Etat refuse d'exécuter une décision, la Cour saisit la conférence ministérielle de l'Union africaine, qui en réfère au sommet des chefs d'Etat. er/aud/de
***26.11.2013. PHILIPPINES. Groups respond to claim that there is "no more culture of impunity" in Philippines
On 26 November 2013, the Freedom Fund for Filipino Journalists (FFFJ) issued the following statement in response to Secretary Herminio Coloma's claim that there is "no more culture of impunity".
Is there "no more culture of impunity" as Secretary Herminio "Sonny" Coloma of the Presidential Communication Operations Office argued during a press conference November 22, 2013 on the eve of the fourth anniversary of the November 23, 2009 Ampatuan Massacre?
Secretary Coloma was reacting to allegations that the Aquino administration has pulled ahead of past administrations because of the number of journalists killed - 19, or an average of six per year - during the first three years of its watch. He bases this argument on another argument: that the number of journalists and media workers killed during the first three years of President Benigno Aquino III, from 2010 to 2013, which, as documented by the Center for Media Freedom and Responsibility (CMFR), currently stands at 19, is inflated because "a driver of a network, employees of 'fly-by-night' newspapers, and a blocktimer selling skin whiteners" are included in the count.
The CMFR includes media workers, such as drivers and grips, because of the indispensable support these give to journalists. They perform services required by journalists to do their work. CMFR also includes blocktimers and those working for tabloids who may be sponsored by political and commercial interests, because whatever the quality of their work, they remain part of the free media community, exercising a crucial role in a democracy and equally protected by the Constitution.
When they're killed in the course of their work or for their work, it has an impact on the state of the press and media because the killings serve as a deterrent against other journalists' doing their jobs without fear. The CMFR list does not look into the compliance of practitioners with ethical and professional standards, that being a separate issue altogether from the fundamental one: that no one who does journalistic work or who supports the work of journalists deserves to be killed, and their killing has a chilling effect on the way the press and the media provide the information and analysis citizens need. CMFR and other advocate groups believe that their killers must be punished.
CMFR looks very closely into every report, whether from the news media or from its own network, on the killing of a journalist or media worker. CMFR alerts and threats officers call the Philippine National Police and local journalists to confirm if indeed the killing took place. If it did, CMFR interviews the local police for the details of the killing, and the colleague of the slain to establish if the victim was indeed regarded by the local press and media community as a journalist; what he was working on; his history in the profession; whether he has received any death or other threats; and if the opinion of the press community his killing was work related. CMFR also contacts the family to verify if the slain was indeed working as a journalist and if he had mentioned any threats to his life, and from whom the slain thought they were coming from. CMFR then contacts whoever, if at all, the slain had told his family was threatening him to get his side.
CMFR, which also serves as the Secretariat for the Freedom Fund for Filipino Journalists (FFFJ), continues to validate its early findings by verifying them with other sources. Only when there is a high probability that the motive for the killing was work related is the name of the slain included in the CMFR database and a report on it released to the CMFR national and international networks, and if approved by its member organizations, to FFFJ networks as well. CMFR is aware that a journalist or media worker could be killed for other than work-related reasons, such as a private dispute or a love triangle, and has excluded thirteen (13) non-work related killings from its list of journalists killed during the Aquino administration, whose three-year record would otherwise total 32.
As far as the number of journalists killed during the first three years of the Aquino government (19) is concerned, only the gunman in the January 2011 killing of Palawan broadcaster and environmental advocate Gerry Ortega has been convicted. Meanwhile, in 2013 alone, 66 threats, whimsical and politically-motivated libel suits, illegal arrests, physical assaults, being barred from covering events of public concern, and other harassments have been recorded, with no one being held to account for them.
Impunity is the name for the fact that only one gunman and no mastermind has been tried or even arrested in 18 out of the 19 killings of journalists from 2010 to 2013, and for the continuing harassments many journalists have to contend with in the course of their work.
FFFJ holds that the primary reason why the killings and harassments are continuing today is the slow progress of the Ampatuan Massacre trial, which is still hearing petitions for bail three years after it began, while 89 out of the 194 accused of masterminding and carrying out the Massacre are still at large.
But whatever the numbers - whether the driver of a TV network should be excluded from the list of 32 journalists and media workers killed during the Ampatuan Massacre or not - what is at issue is State responsibility for the safety of all its constituencies including journalists and media workers.
This has always been FFFJ's stand, which is shared by CMFR and the other members of the FFFJ. That is why it continues to ask for government action. It is also the international standard, as United Nations Special Rapporteur on Freedom of Expression Frank La Rue has reminded media and media advocacy groups, by which to determine the persistence of the culture of impunity in the Philippines and in other countries.
***21.11.2013. IFJ Marks International Day to End Impunity with Focus on Iraq, Russian & Pakistan
To mark the upcoming 2013 International Day to End Impunity, the International Federation of Journalists (IFJ) has today written to the embassies of Iraq, Russia and Pakistan in Belgium, urging their governments to address the issue of impunity for violence against journalists in their countries.
Signed by IFJ President Jim Boumelha and IFJ General Secretary Beth Costa, the letters express the IFJ's concern about the lack of accountability for those who carry out acts of violence against journalists and urge the governments to do everything in their power to resolve all the cases of killed journalists in their countries.
The IFJ underscores that the issue of impunity for violence against journalists is "of the highest importance for the rule of law and respect for human rights in any democratic society."
The letters have been sent as part of the IFJ's high profile campaign to End Impunity which is urging the authorities of the countries with the highest death tolls of journalists to investigate these killings and bring their perpetrators to justice. The campaign is initially focusing on Iraq, Pakistan and Russia.
The campaign, which was launched on 23 October, one month before International Day to End Impunity, is already having an important impact, with many of IFJ's affiliates across the world, including the Iraqi Journalists' Syndicate and the Association of Journalists of the Republic of Poland, showing their solidarity and support by sending their own letters to the embassies of Iraq, Pakistan and Russia in their countries.
As International Day to End Impunity approaches, the IFJ is marking the important day with a range of actions and events:
- The IFJ General Secretary Beth Costa has recorded a video message calling for affiliates to take action. Watch it here
- IFJ and its affiliates across the world are holding a number of actions to mark the important day. On Saturday, the IFJ and the EFJ are holding a public debate in Kiev on the status of key cases across the former Soviet Union region and the efforts needed to e maintain pressure on authorities for action and pay tribute to the killed journalists. IFJ President Jim Boumelha and EFJ President Mogens Blicher-Bjerregård will be present to mark the day of action which will also include a silent march through the street of the city.
Find out what other actions are being taken across the world at: http://www.ifj.org/en/pages/end-impunity-international-day-to-end-impunity-page
IFJ Affiliates can show their support for International Day to End Impunity by:
- Supporting the IFJ's End Impunity campaign by sending their own letters to the embassies of Iraq, Pakistan and Russia in their regions, or directly to the governments of the three countries. To print off or download a copy of each of the letters go to: http://www.ifj.org/en/pages/end-impunity
- Visiting the IFJ's?End Impunity' Facebook page, which is full of information and updates on the issue of impunity in Russia, Pakistan and Iraq. We encourage you LIKE the campaign page and write a message of support.
- Following theIFJ Twitter page @IFJGlobal. You are welcome to share and schedule tweets to go out, culminating on Saturday 23, the International Day to End Impunity. Wherever possible, please use our hashtag #EI_IFJ
Below are some sample tweets you can use to highlight impunity in Russia, Pakistan and Iraq:
#EndImpunity for Violence Against Journalists in #Iraq #EI_IFJ @IFJGlobal
#EndImpunity for Violence Against Journalists in #Russia #EI_IFJ @IFJGlobal
#EndImpunity for Violence Against Journalists in #Pakistan #EI_IFJ @IFJGlobal
***01.11.2013. IFEX network launches 2013 International Day to End Impunity campaign
When those who commit crimes against free expression are not held to account, it hurts us all. IFEX, the global network defending and promoting free expression, is launching its third annual campaign to end impunity on 1 November. The campaign culminates on 23 November – the International Day to End Impunity.
Today IFEX launches the third annual International Day to End Impunity campaign. And while there is a growing awareness of the problem of impunity and how it allows – even exacerbates – violations of human rights, the pressure needs to be kept up. The IFEX network comprises over 80 organisations working in more than 60 countries around the world. With this campaign we join our voices to raise awareness about how a culture of impunity stifles freedom of expression, and to inspire people to take action to weaken its power.
Countless citizens, artists, bloggers, scientists, musicians and journalists have been harassed, threatened, tortured, intimidated, jailed and worse for exercising their basic human right to free expression. Over 500 journalists have been killed in the last decade. Most of the perpetrators of these crimes can count on never being brought to justice.
This year’s campaign includes calls for actions to be taken now in support of five courageous individuals:
Yorm Bopha, a Cambodian human rights activist repeatedly threatened, beaten and currently in prison for peacefully protesting against land grabs;
Eren Keskin, a rights defender in Turkey threatened and shot at while seeking justice for women who have been raped and tortured; Doaa Eladl, an Egyptian cartoonist threatened for creating cartoons which have been deemed blasphemous;
Martin Pallaras, an Ecuadorean journalist threatened for reporting on government corruption; and
Rommy Mom, a lawyer in Nigeria fighting for government transparency and accountability, who has had to flee his home following death threats and a public denunciation over the radio by the governor of the state. Joining in this effort IFEX member organisations around the globe will be launching their own initiatives, adding their voices to the call to end impunity.
The campaign’s hub is
daytoendimpunity.org. Something new will be featured there every day between 1 and 23 November – the International Day to End Impunity. We’ve created multimedia resources to help people understand the problem and find ways to add their voices to a global network of activists working together. Through infographics, videos, online interactive experiences, articles, country profiles and interviews, we hope to engage more people than ever in this campaign that strikes at the very roots of the injustice and insecurity that silence expression.
The right to free expression is not only an important right in itself; it is the right that allows violations of other rights to be exposed. Visit daytoendimpunity.org every day from 1-23 November, and take action to end impunity.
For more information, contact media@ifex.org
***23.09.2013. NEPAL. Police arrest alleged mastermind of journalist’s 2009 murder
Reporters Without Borders welcomes last week’s announcement by the police that they have arrested the suspected mastermind of the murder of journalist and women’s rights activist Uma Singh in the southeastern city of Janakpur in January 2009.
“We hail this determination to bring the person responsible for Singh’s murder to justice and we hope that five years of impunity in this case will soon be over,” Reporters Without Borders said. “We also urge the police to keep investigating the murders of two other journalists, Arun Singhaniya and Jamin Shah, in 2010.
“As the Federation of Nepali Journalists (FNJ) has said, last week’s arrest in the Singh murder has helped to make the police more credible and, we hope, will help to deter other attacks against journalists.”
A reporter for
Radio Today and
Janakpur Today Daily, Singh was fatally stabbed in her Janakpur apartment on 11 January 2009 by around 15 intruders armed with knives.
The police thought the murder motive was of a personal nature but the Federation of Nepali Journalists pointed out that Singh was an outspoken critic of the region’s Maoists and blamed them for the deaths of her father and brother in 2005.
The police announced on 19 September that the suspected mastermind of Singh’s murder, Umesh Yadav (also known as Swamiji), was arrested as he was about to cross the border into India. He was being actively sought by the police and is suspected of involvement in other similar cases.
Prosecutors intend to request a sentence of life imprisonment and confiscation of all his property for Singh’s murder.
The police have also announced that they are pursuing a lead in the murder Arun Singhaniya, the owner Janakpur Today and Radio Today, and hope to make an arrest soon.
When Singhaniya was gunned down by two men on a motorcycle in Janakpur on 1 March 2010, three armed groups claimed responsibility. They were Teri Janatanrik Party-Madesh (TJPM), Terai Army (TA) and Janatanrik Terai Mukti Morcha (JTMM).
***09.08.2013. BRAZIL. Gunman sentenced in murder of Brazilian journalist
New York, August 9, 2013--The Committee to Protect Journalists welcomes Tuesday's conviction for the 2010 murder of Brazilian radio journalist and blogger Francisco Gomes de Medeiros. João Francisco dos Santos was sentenced to 27 years in prison on charges of shooting and killing the journalist in the northeastern city of Caicó, according to news reports."This conviction is an important counter-step to Brazil's worsening record on impunity," said Carlos Lauría, CPJ's senior program coordinator for the Americas. "Authorities must now ensure that all those involved in the crime--including the masterminds--are brought to justice in order to send a clear signal to those who wish to violently silence journalists that they will not go unpunished."
Gomes was shot at least five times in front of his home on October 18, 2010, and pronounced dead that night at a local hospital, according to news reports. The news director of local broadcaster Radio Caicó, Gomes had reported on local topics including government corruption, crime, and drug trafficking.
Authorities investigated several possible motives linked to Gomes' reporting. Francisco, who is known as "Dão," was arrested a day after the murder and confessed to committing the crime, the reports said.
In 2011 and 2012, authorities accused a group of local men of having ordered, planned, and carried out the crime. The individuals, reports said, had grievances with Gomes in relation to his coverage of local crime, corruption, and drug trafficking. Police charged a businessman, Lailson Lopes, known as "Gordo da Rodoviária," as the mastermind of the crime. Lopes has been indicted and is awaiting trial. Four other men, including a local army lieutenant colonel, military police officer, lawyer and a former pastor who is currently serving a jail sentence for drug trafficking, have been charged and are awaiting trial, according to news reports. All five men deny any involvement in the murder.
A spike in lethal violence has made Brazil one of the most dangerous countries for journalists in the world, according to CPJ's annual publication, Attacks on the Press. In June, a media executive was shot and killed in a suburb of Rio de Janeiro. In 2013, Brazil was the 10th worst country in CPJ's Impunity Index, which spotlights countries where journalists are murdered regularly and the killers go free. The country was also named to CPJ's Risk List, which identified 10 places where press freedom suffered in 2012.
***03.08.2013. SOMALIA. NUSOJ Welcomes the Somali Military High Court decision against the Journalist’s Killer
The National Union of Somali Journalists (NUSOJ) today welcomed the
decision by the Military high court against the convict, who was
Shabab member and was identified as Aadan Sheik Abdi Sheik Hussein,
announced today.
The convict was accused of killing the Somali journalist, late Hassan
Yusuf Absuge, who was assassinated after leaving the premises of the
Radio Maanta, in Yaqshid neighborhood, where he worked as an editor on
September 21, 2012.
A regional military court sentenced the alleged criminal to death on
17 March 2013, according to the court judgment received by NUSOJ.
Later, he appealed against the ruling to the Military high court. On
August 3, the military high court sentenced again to death and
announced he will be executed in a short time.
The Secretary General of the National Union of the Somali Journalists
(NUSOJ), Mohamed Ibrahim who spoke to the journalists at the court
following the decision by the military high court, welcomed the
decision and called it, “a beginning for justice to the murdered
Somali journalists.”
“We welcome this decision of the military high court for justice to
our murdered colleague.” Mohamed Ibrahim, NUSOJ Secretary General
said, “This is a beginning to the road for justice to all our murdered
colleagues and call for the other remaining criminals be booked and
tried.”
At least 18 media workers and journalists were killed in 2012, where
14 of them were killed in Mogadishu. In 2013, five journalists were
killed, two were killed in suicide bombing attacks and three were
assassinated and none of the killers have caught and brought to court.
NUSOJ urges the Federal Government of Somalia to take a thorough
investigation into the journalists’ murders and bring the criminals to
a court of justice.
***24.07.2013. RUSSIA. Politkovskaya family boycott murder trial over jury (BBC, news agencies)
The alleged killers of Russian journalist Anna Politkovskaya have gone on trial in Moscow, with her family boycotting proceedings.
Her children Vera and Ilya said the court had chosen the jury without asking them and rushed the trial date.
In their statement, they said they had waited nearly seven years for a trial that was now "patently illegitimate".
All five defendants, who include four members of the same Chechen family, say they are innocent.
Three of the accused were acquitted of the murder in 2009 but that verdict was overturned by Russia's supreme court.
Politkovskaya, a strong critic of the Kremlin, was gunned down in the lift of her Moscow apartment block in October 2006, in a crime that was condemned internationally.
A Moscow city court spokeswoman said the jury had been selected in full compliance with the law.
'Patently illegitimate'
Ilya and Vera said the court had rushed the trial date knowing full well they both could not take part on that date, as they were outside Moscow.
"In this way, the court has violated our legal rights," they said in a statement released on Tuesday.
"We have waited almost seven years for the killers to stand trial but the state could not wait a few days. Tomorrow [Wednesday], a patently illegitimate process begins. We refuse to take part in such a trial."
They called on the jurors to recuse themselves.
The editor of Novaya Gazeta, Politkovskaya's former paper, said he supported the children's decision.
"We are not doubting the jurors..." Dmitry Muratov told Russian news agency Interfax. "We do not trust the procedure by which the jurors were selected so frenetically and rapidly."
At the opening of the trial on Wednesday, the judge rejected a request from the defence to halt proceedings, given the absence of the dead woman's family, AFP news agency reports.
Lom-Ali Gaitukayev is accused of organising the assassination while one of his nephews, Rustam Makhmudov, is suspected of being the actual gunman.
Two other nephews, Ibragim and Dzhibrail Makhmudov, and a former policeman, Sergei Khadzhikurbanov, are accused of being accomplices.
Last year a former police lieutenant-colonel, Dmitry Pavlyuchenkov, was convicted of supplying the murder weapon, and was sentenced to eleven years in jail.
But investigators have yet to provide any details of who they believe ordered the killing.
***13.07.2013. PHILIPPINES. NEW DELAYS in the TRIAL OF THE AMPATUAN MASSACRE (Center for Media Freedom and Responsibility and Freedom Fund for Filipino Journalists (FFFJ).
The deferment of the arraignment of two of the principal accused in the November 23, 2009 Ampatuan town massacre adds to the already long list of delays in the judicial process that for four years have thrown one obstacle after another in the path of credibly concluding the trial of those accused. Justice for the victims is the only sign that would demonstrate to the killers of journalists and other citizens of this country that they cannot keep killing with impunity.
Sajid Islam and Akmad "Tato" of the Ampatuan clan are charged with 58 counts of murder. Sajid Islam is the son of Ampatuan patriarch Andal Sr. and was the Officer-in-Charge of the province of Maguindanao at the time of the massacre. Akmad "Tato" is the son-in-law of Andal Sr., who is also among the principal accused.
Sajid Islam and Akmad "Tato" were originally scheduled for arraignment on June 26, 2013. This was moved to July 3, 2013 when their defense counsel filed a motion seeking the deferment of their arraignment until their separate petitions before the Court of Appeals (CA) and the Supreme Court (SC) are resolved.
On July 2, 2013, the trial court denied the motion on the ground that the pendency of such petitions before the higher courts is not a ground for deferring arraignment.
Despite its own written order denying the motion, the trial court nevertheless granted the oral motion of the defense counsel of the two accused to have their arraignment postponed for another month. Their arraignment has been reset to August 7, 2013.
The defense counsel of Sajid Islam and Akmad "Tato" argued that for the two to be arraigned despite the pendency of their CA and SC petitions would violate their right to due process. He also claimed that the postponement will not damage or injure the People of the Philippines, the plaintiff in the 58 consolidated murder cases.
Sajid Islam and Akmad "Tato" were arrested in early December 2009 right after then President Gloria Macapagal Arroyo placed Maguindanao under Martial Law. They were indicted on February 2010 for 56 counts of murder. On May 2010, they were also indicted in the 57th murder case, that involving the killing of Victor Nunez, and on June 2012 in the 58th case for the murder of Reynaldo Momay.
Like their fellow accused, both have availed of every possible legal remedy allowed under the law and the Rules of Court. They have repeatedly cited the pendency of their various petitions, motions and appeals to delay their arraignment.
Arraignment marks the completion of a court's jurisdiction over the accused, and is an important stage in the criminal proceedings. It is that part of the judicial process in which charges are read to the accused followed by his plea of guilty or not guilty. The arraignment of the accused would finally, after nearly four years, begin the equally tedious and lengthy process of presenting evidence to establish guilt.
The deferment - for the third time - of the arraignment of Sajid Islam and Akmad "Tato" will continue to delay the trial, despite the urgency of concluding it not only for the sake of justice for the families of the 58 murdered victims, but also for the People of the Philippines, for the press, and for the democracy that supposedly reigns in this land.
***03.07.2013. BANGLADESH. Nine individuals sentenced in 2005 killing of Bangladeshi journalist (Media Watch)
The culture of impunity has been dealt a serious blow in Bangladesh. For the first time in the 42-year history of the country, on Thursday 27 June 2013 a Dhaka court handed down life sentences to nine individuals, accused of murdering journalist Gautam Das eight years ago. Judge Shahed Nur Uddin, of the Dhaka Speedy Trials Tribunal-1, pronounced the verdict.
Gautam Das was the Faridpur Bureau Chief for the daily Samakal. He was killed inside his office on 17 November 2005, for publishing a report on corruption. He was tortured and suffocated to death for exposing corruption and irregularities involved in the restoration of Mujib road in the town of Faridpur.
Almost eight years after his killing, nine individuals were sentenced to life in prison and a fine of Tk 50,000 (approx. US$640). Failure to pay the fine will lead to another year of imprisonment. The Judge noted that Gautam Dad had legitimate reasons for publishing his report on corruption.
Of the 10 originally accused in the case, one, Jahid Khan, had passed away. The others are: Asif Imran, Asif Imtiaz Bulu, Kazi Murad, Kamrul Islam Apan, Asad Bin Kadir, Siddiqur Rahman Mia, Tamzid Hossain Babu, Rajib Hassan Mia and Abu Taher Mortaza, all of whom were sentenced to life. Another accused named Mortaza, alias Apollo, is at large. The rest of the accused and their relatives were present at the court when the verdict was pronounced
However, the convicted seemed indifferent to the verdict. Complainant Hasanuzzaman, who is a local correspondent for Samakal, told bdnews24.com that they would have been happier if the accused were hanged. "This verdict paves the way for justice for all the journalists who have faced a similar fate," he noted.
After the verdict was pronounced, Dipali, the wife of the slain journalist Gautam Das stated: "I am not happy with this verdict. I was hoping that the murderers would be severely punished and that they would be sentenced to death. But that is not what happened. I waited year after year for justice, but I have not received it . . . I demand that the Samakal authorities appeal against this verdict."
Gautam's mother, Satee Rani, passed away on 2 September 2007, while his father Bolram Das died on 23 November 2008 while awaiting for a judgment in the case.
The case's plaintiff, "Gautam Das Smriti Shongshod", and his colleagues from the Faridpur Press Club also had similar reactions. The plaintiff in the case Hasanuzzaman said, "We did not receive justice. I am not happy with the verdict. An appeal will be filed in the High Court."
Siraj-e Kabir Khokon, the Secretary of "Gautam Das Smriti Shongshod", said, "Gautam was brutally killed. I was hoping that the killers would get an exemplary punishment."
The President of the Faridpur Press Club Kabirul Islam Siddiky said the verdict has disappointed the people of Faridpur. "They were waiting for justice for long. Sadly they didn't receive it."
***25.06.2013. Bahrain. Court upholds acquittal on charge of torturing journalist (RSF)
Reporters Without Borders and Media Legal Defence Initiative condemn yesterday’s decision by a Manama appeal court to uphold Police Lt. Sarah Al-Moosa’s acquittal on charges of torturing and mistreating
Nazeeha Saeed, Bahrain correspondent for France 24 and
Radio Monte Carlo Doualiya.
“The appeal court’s decision to confirm the police officer’s acquittal clearly shows the lack of independence of the Bahraini judicial system and the duplicitous nature of the government’s concern for its image in the eyes of the international community,” RWB and MLDI said.
“We call on the prosecutor-general to take charge of the case and refer it to the Court of Cassation.”
“This verdict encourages impunity among security system in Bahrain. I have three medical reports, two of them from Ministry of interior, and still nobody is punished", Saeed said to RWB.
Saeed was tortured and mistreated at Rifaa police station on 22 May 2011, when she was summoned for questioning about her coverage of pro-democracy protests and was accused of lying in her reports. She was also interrogated about possible links with the Hezbollah TV station
Al-Manah and Iran’s Arabic-language TV station
Al-Alam. The treatment Saeed received during interrogation was condemned by Reporters Without Borders at the time.
The Media Legal Defence Initiative sent a Letter of Allegation to UN Special Rapporteurs earlier this year, asking them to make enquiries with the Bahraini authorities on the handling of Nazeeha’s case.
A Manama court originally acquitted Lt. Al-Moosa on 22 October 2012, describing Saeed’s evidence as “contradictory” and “not consistent with the forensic report.”
Following a great deal of media criticism of the verdict, the prosecutor’s office appealed against the acquittal in an apparent attempt to emphasize Bahrain’s respect for its international obligations.
But, operating out of sight of the cameras, the judicial system stood by its decision to clear the policewoman on grounds for which there has been little substantiation.This denial of justice is unfortunately not isolated. Other cases have highlighted how difficult it is for journalists to work freely in Bahrain, which is ranked 165th out of 179 countries in the 2013 Reporters Without Borders press freedom index.
***23.05.2013. TURKEY. Hrant Dink murder to be retried, but concerns remain
By Özgür Öğret/CPJ Istanbul Correspondent
A decision last week in the murder case of Hrant Dink will lead to a retrial, but Dink's supporters are still not satisfied. The ruling on May 15 by Turkey's Supreme Court of Appeals in Ankara acknowledged that there was a criminal conspiracy to murder the ethnic Armenian journalist, but stopped short of opening the way to a deeper investigation into potential involvement by Turkey's powerful institutions.The Supreme Court reviewed a verdict by an Istanbul court, passed on January 17, 2012, which was heavily criticized for failing to recognize Dink's murder as an organized and deliberately planned crime, or that state agents bore responsibility, at a minimum, for neglecting threats against the journalist prior to his murder.
Dink, founder and former chief editor of the weekly newspaper Agos, was murdered in front of his Istanbul office in January 2007. The suspects were quickly arrested and put on trial, but the journalist's family and friends--as well as human rights defenders--believed the masterminds were protected by the state. Dink had received threats for a long time before he was killed, and he had publicized those threats through his columns. Hate mail and threatening calls to Agos were part of the newspaper's daily routine.
Supporters of the journalist from the independent Hrant Dink's Friends Platform repeatedly pointed to evidence that government officials, police, military personnel, and members of the National Intelligence Agency (MIT) had played roles in the murder--at least, by neglecting their duty to protect the journalist. Evidence presented in court showed that more than one intelligence unit had been aware of the planning stage of Dink's murder but had done nothing to prevent it. The defense also pointed out the triggerman and his immediate associates were not sophisticated enough to organize the professional hit that was Dink's assassination.
On Wednesday, while the Supreme Court acknowledged the existence of a "criminal organization" behind the murder, it failed to recognize that an "armed terrorist" group was responsible for masterminding it. The distinction between the two formulations is crucial in Turkey's law; the latter provides ground for the prosecution to treat the crime as a conspiracy that could involve government officials. The former essentially downgrades the murder to the stature of a regular crime. The investigation is therefore exempt from going beyond the immediate killers of Hrant Dink to seeking the commissioners of the murder among power structures.
The date for the retrial is yet to be determined. The details of the Supreme Court ruling are as follows:
Ogün Samast, the convicted triggerman who had confessed to the murder, had received 22 years and 10 months in prison (a relatively lighter sentence since he was not an adult on the day of the murder and was tried by a juvenile court in Istanbul) on July 25, 2011. The Supreme Court upheld this sentence.
A second defendant, Yasin Hayal, who had confessed to arming Samast and instructing him to kill Dink, had received the punishment of life without the possibility of parole. The Supreme Court upheld this sentence but demanded that Hayal also be tried for founding and leading the criminal organization behind Dink's murder.
Back in January 2012, a third suspect, Osman Hayal (Yasin's brother), was tried and acquitted of aiding the conspiracy to murder Dink. The Supreme Court overturned his acquittal, saying that the investigation into his alleged involvement had been insufficient. Dink's defense team claims that Osman Hayal was with Samast on the day of the murder, based on security camera records.
Also in January 2012, a fourth suspect, Erhan Tuncel, a police informant accused of involvement in the conspiracy to murder Dink, was acquitted of the charge of being a leader of the armed terrorist organization behind Dink's assassination. With the Supreme Court of Appeals' ruling that no such organization existed, Tuncel will be retried on the lesser charge of being a member of a criminal organization.
Three other defendants will be retried on similar charges as Tuncel.
Dink family lawyer Fethiye Çetin told CPJ that justice cannot reach the masterminds of the murder when the perpetrators are classified as a "criminal organization" rather than an "armed terrorist organization." Any group of persons that join together for the purpose of committing even a petty crime may be considered a criminal organization under the Turkish legal system, Çetin said. The term "terrorist organization" would invoke a different set of legal articles that would allow the investigation to go deeper--or, in this case, higher.
The Hrant Dink murder was "committed by an extremely well organized and professional organization," Çetin said. The planning before, during, and after the murder, including removal of the evidence from the scene, shows that this was not the work of just another fanatical nationalist who one day decided to kill a public figure, Çetin said, and the investigation must go further to catch the culprits.
***08.04.2013. IFJ Marks 10th Anniversary of Palestine Hotel Attack with Iraq War Documentary Screening
The International Federation of Journalists (IFJ) has today marked the 10th anniversary of the attack on the Palestine Hotel in Baghdad, with the screening of a powerful documentary telling the stories of journalists who were killed and kidnapped during the war in Iraq. Two journalists were killed on 8 April 2003 when a US army tank fired a mortar at the hotel from which foreign reporters were reporting on the conflict.
The documentary, ‘Shooting v. Shooting; Dying for the Truth’, was made by Nikos Megrelis, a Greek journalist who also led the discussion after the screening.
The groundbreaking documentary uses real time news and archive footage to examine deliberate attacks and kidnappings of journalists as well as other cross fire incidents involving media personnel during the US led invasion to remove Saddam Hussein from power in Iraq.
“The evidence provided by the groundbreaking documentary screened today helps to prove that there should be a review of the case and a convincing process of investigation that honours the commitment of the United States to democracy, human rights and justice," said Beth Costa, IFJ General Secretary.
The film focuses on the story behind the shelling of the Palestine Hotel on April 8 by a US tank, which killed José Couso, of Spain’s Telecinco, and Taras Protsyuk, a Ukrainian cameraman working for Reuters. It has also a detailed account of the attack on the same day by US forces on the offices of Al-Jazeera in Baghdad, in which reporter Tareq Ayyoub died.
The IFJ has campaigned to have these attacks investigated and urged governments whose nationals lost their lives to secure the American administration’s cooperation in this regard.
“The failure to investigate and hold accountable those involved in bombing Hotel Palestine and the Al-Jazeera offices, is a denial of justice to the victims, their families and colleagues,” added Costa. “These incidents stand out as bad precedents likely to entrench further the culture of impunity for violence against media.”
***29.03.2013. SOMALIA. Al –Shabab Militant Convicted of Journalist’ Murder (IFJ)
A military tribunal in Somalia has convicted an alleged Al-Shabab militant of killing journalist Hassan Yusuf Absuge, according to the National Union of Somali Journalists (NUSOJ).
Absuge, who worked for Radio Maanta as head of programmes, was gunned down in Mogadishu on 21 September last year. Yesterday, dan Sheikh Andi Sheikh Hussein was found guilty of the murder and sentenced to death, NUSOJ says.
“We hope that the investigation and prosecution of this case signal the commitment to eradicate the impunity for crimes against journalists in Somalia,” said Beth costa, IFJ General Secretary. “Many families of Somali journalists who died in violence deserve justice. This conviction raises their hopes of achieving that and they should not be let down.”
NUSOJ, an IFJ affiliate, quoted the presiding judge as saying that there was compelling evidence against Hussein, including the murder weapon which was seized on him by security forces. The tribunal was also shown message exchanges on his mobile phone discussing the journalist’s murder with his superiors.
Omar Faruk Osman, NUSOJ’s General Secretary, said that this is the first case of a journalist’s murder to be resolved by Somali authorities. He urged them to pursue other killers who continue to enjoy impunity.
“We hope that justice will be similarly done for colleagues who were murdered by criminals who are not afraid of rule of law,” he added. “This verdict sends a powerful message to them that their crimes will not remain unpunished.”
Hussein was put on trial before a military tribunal as an Al-Shabab fighter. The Islamist group claimed responsibility for Absuge’s murder, accusing him of ‘spying against Allah’s forces’.
Last year, Somalia was ranked as one the deadliest countries for journalists in the IFJ annual report on journalists and media staff killed in 2012, with 18 killings.
***19.03.2013. PAKISTAN. Daniel Pearl Family Hails Murder Suspect's Arrest (AFP)
NEW YORK: The family of slain US journalist Daniel Pearl welcomed Monday the arrest in Pakistan of a former leader of a banned militant outfit allegedly involved in his 2002 murder.Qari Abdul Hayee, popularly known as Asadullah and from Karachi’s eastern Gulshan-e-Iqbal neighbourhood, was detained in a raid on his hideout on Sunday, according to a spokesperson for Rangers paramilitary force. Hayee was the former Sindh chapter chief of banned outfit Lashkar-e-Jhangvi (LeJ).
Ruth and Judea Pearl, who live in the Los Angeles area, hailed the news, in a statement issued through the New York-based Daniel Pearl Foundation.
“We are gratified with this latest arrest and hope that justice will be served in a timely manner on all those who were involved in the abduction and murder of our son, Danny,” they said.
Pearl, 38, was the South Asia bureau chief for
The Wall Street Journal when he was abducted in Karachi on January 23, 2002, while researching a story about militants.
A graphic video showing his decapitation was delivered to the US consulate in the city nearly a month later.
***15.03.2013. COLOMBIA. IFJ Welcomes Indictment of Former Security Operatives over Journalist’s Torture in Colombia
Seven former members of the former secret service in Colombia, the Administrative Department for Security (DAS), face charges of ‘psychological torture and intimidation’ inflicted on prominent journalist Claudia Julieta Duque, the office of the national human rights prosecutor announced on 10 March.
They include a former deputy director general of the service, three former heads of intelligence, a former head of counterintelligence, a former chief of operations and a former chief of the technological intelligence. Five are currently in detention while two are fugitives.
“We welcome the prosecutor’s action which is long overdue,” said IFJ President Jim Boumelha. “This is an opportunity to ensure accountability for those who broke the law and caused terrible hardship to our colleague. However, we must also unravel the entire chain and identify who ordered these unlawful activities.”
The prosecutor has ordered the arrest of the men, accusing them of subjecting the journalist and her family to years of harassment, including illegal surveillance, communications interception and threats. In charging them, he stressed that the “systematic abuse was designed to morally and psychologically undermine a human rights defender and a journalist who was critical of the former government.”
The IFJ has learned that it is the first time a charge of ‘psychological torture’, which carries a 20 year jail term, is brought against a defendant in Colombia.
Claudia Julieta Duquet has long campaigned against the practice of psychological torture within the secret service in Colombia and spoke of her relief at the announcement of the charge. “This is the culmination of years of campaigning not only by me but by human rights activists all over the world, including the IFJ,” she said. The Federation, through its International Safety Fund, supported her participation in the court proceedings which concluded in the charges announced last week.
The journalist, who was made an honorary member of the National Union of Journalists in England and Ireland (NUJ) - IFJ affiliate, recounted her ordeal between 2001-2008, after she had exposed irregularities in the investigation into the murder of journalist Jaime Garzon.
During this period of time, she was subjected to threatening phone calls, including a threat to kill her daughter. “Your daughter is going to suffer, we will burn her alive, we will spread her fingers throughout the house,” one caller said.
Claudia was kidnapped in 2011 and escaped another kidnap in 2004. In 2009, she uncovered a guide reportedly produced by the DAS, giving graphic details on how to intimidate her, which included tips on making threats to kill her and rape her daughter.
The IFJ shares her hope that the prosecution of former DAS members will lead to justice for other journalists who were victims of similar systematic abuses in Colombia and abroad.
“We owe a huge debt of gratitude to Claudia for her dogged determination to report independently in the face of a ruthless campaign to silence her,” added Beth Costa, IFJ General Secretary. “The infamous DSA was active in many countries in the region and beyond, hunting any journalist who crossed them. Today, the victims can finally put behind them such horrific experiences.”
***08.03.2013. MEXICO. PEN International Report to UN Warns of Continued Violence Against Journalists and Writers in Mexico Due to Slow Reform
March 7, 2013—Three years after Mexico accepted United Nations (UN) recommendations for combating violence against journalists and eradicating impunity for human rights violations, “the rate at which journalists are being attacked and killed in the country continues to spiral,” PEN International warned today in a submission to the UN’s Universal Periodic Review (UPR) process, calling government initiatives to stem the violence since the 2009 review “largely cosmetic.” A PEN delegation will be visiting Mexico next week to press for concrete action on the dozens of unsolved killings and disappearances of journalists and writers.
In a keynote speech at the Inter-American Press Association in Puebla, Mexico on March 8, PEN International president John Ralston Saul will be raising concerns about freedom of expression and highlighting measure that should be implemented to protect journalists, writers and advocates of freedom of speech in the country.
Since the 2009 UPR review the Mexican government has introduced a number of institutional and legal measures aimed at protecting journalists and the right to freedom of expression, but these mechanisms have proved largely ineffective and superficial. The rate at which journalists are being killed in Mexico continues to accelerate, while those who commit crimes against journalists go unpunished. Since December 2006 at least 46 print and internet journalists and writers have been killed in the country. There is little or no investigation into these cases with less than 10 per cent of attacks resulting in convictions.
This climate of impunity owes much of its existence to the corruption and inertia that are so prevalent throughout the Mexican states. Police and employees of local administrations are frequently implicated in attacks on journalists, and threats to journalists’ right to free expression often come directly from the state authorities themselves.
In January 2012, the President of PEN International, John Ralston Saul, led a delegation of writers to Mexico, to raise concerns about the continued violence suffered by Mexican writers and journalists in meetings with key government figures. On 27 January 2012 PEN International published a letter in the Mexican paper El Universal and Canadian Le Devoir standing in solidarity with the writers and journalists of Mexico. The letter was signed by 170 of the world’s leading authors, including seven Nobel Laureates.
As part of its continued efforts in Mexico, PEN International launched Write Against Impunity in August 2012. The campaign brought together PEN Centres across Latin America in a wide-reaching literary protest with over 40 writers contributing poetry and prose commemorating murdered colleagues and protesting against impunity. In October, PEN International was at Hay Festival Xalapa highlighting the escalating violence against writers in the region.
In its UPR submission PEN International calls for full and transparent federal-level investigations into the murder and disappearance of journalists and writer and for all allegations of attacks carried out by government entities to be fully and promptly investigated PEN also calls for the strengthening of Mexico’s new protection mechanism for journalists and human rights defenders, among other recommendations.
PEN’s full UPR report on Mexico, with a full list of recommendations, can be viewed here.
For more information contact Tamsin Mitchell: tamsin.mitchell@pen-interntional.org
For press contact Sahar Halaimzai: sahar.halaimzai@pen-international.org
For more information on Write Against Impunity campaign click here.
For more information on PEN Protesta! click here.
For information on PEN International’s participation in UN Plan of Action on the Safety of Journalists and the Issue of Impunity click here.
***17.02.2013. SOMALIA. NUSOJ Welcomes Somali Prime Minister’s Pledge for Justice to the Somali Journalists
Mogadishu, 17 February, 2013
The National Union of Somali Journalists (NUSOJ) welcomes the Somali
Prime Minister’s pledge for justice both the slain journalists and the
jailed journalist during meeting with the Somali Journalists and the
media representatives on Saturday 16 February, 2013 held at the prime
Minister’s office at Villa Somalia.
Journalists’ leaders and media representatives met with the Somali
Prime Minister, Abdi farah Shirdoon at his office at Villa Somalia in
a roundtable meeting. The minister of Information, Posts and
Telecommunication, Abdullahi Elmoge Hersi and his deputy, Abdishakur
Mire were also present at the meeting.
The Secretary General of the National Union of Somali Journalists
(NUSOJ), Mohamed Ibrahim who spoke on behalf of the Somali Journalists
at large raised the concerns of the Somali Journalists including
getting justice for the slain colleague, the working conditions of the
Somali journalists and getting fair trail for Abdilaziz Abdinur who
was sentenced to one year in prison.
Somali prime minister, Abdi Farah Shirdon, responded to the concerns
raised by the Union’s Secretary General and pledged justice for the
slain journalists and the jailed journalist, Abdiaziz Abdinur Ibrahim.
“I respect the important work you do in Somalia in what are often
extremely difficult circumstances and I understand your concern,” the
Prime Minister said. “One journalist killed is one journalist too
many. We don’t want any to be killed.”
The Prime Minister said the government would provide a reward of
$50,000 for information leading to the arrest of any person involved
in the murders of the slain journalists.
Regarding the case of Abdiaziz Abdinur Ibrahim, the prime minister
said that, “after listening to your concerns, I will personally stand
for making sure journalist Abdilasis gets a fair trail in the appeals
court.”
The appeals court set 20 February, 2013 for the trail hearing of the
appeal of Abdilasis against the one year prison term.
The National Union of Somali Journalists (NUSOJ) welcomes the prime
minister’s pledge for justice to the slain Somali journalists and his
personal commitment for justice for the trail of Abdiaziz Abdinur
Ibrahim.
“We welcome the prime minister, Abdi Farah Shirdoon’s assurances for
justice and respect for the freedom of the press and the freedom of
expression.” Mohamed Ibrahim, Secretary General of the National Union
of Somali Journalists (NUSOJ) said, “We urge the trail of the jailed
journalist be conducted without political interference.” <END>
***08.02.2013. PEC aplaude creación de comisión mexicana para detener crímenes a periodistas (EFE)
Ginebra (EFE) La asociación Campaña Emblema de Prensa (PEC, por sus siglas en inglés) celebró hoy el establecimiento de una Comisión Especial del Senado de México para investigar las agresiones que sufren los periodistas y detener la criminalidad contra este colectivo profesional.
La Comisión investigará unas 843 quejas de agresiones a periodistas, el ochenta y uno por ciento aún sin resolver, que han sido registradas por la Comisión Nacional de Derechos Humanos desde 1999 y dirigidas a las autoridades mexicanas, según la PEC.
"México es el país más peligroso para ejercer la profesión en toda América y el segundo en el mundo. Desde el año 2000 unos 93 periodistas han sido asesinados, 78 de ellos lo fueron a partir de el comienzo de la guerra contra el narcotráfico en 2008", denunció la PEC en un comunicado de prensa.
En este sentido, la organización no gubernamental llamó al gobierno mexicano a enfrentar la seria situación de las matanzas de periodistas y de acoso a medios de información.
"El Presidente Enrique Peña Nieto, que de momento tiene un saldo blanco de crímenes contra la prensa, debe refrendar el compromiso de respetar y hacer valer la Ley para la Protección de Personas Defensoras de Derechos Humanos y Periodistas promulgada en junio de 2012", señaló la organización.
La PEC agregó que es el mejor momento para que esta ley no sea olvidada por falta de recursos financieros y humanos, y consideró que enfrentar la impunidad y promover la justicia pondrá coto a los asesinatos de periodistas.
"Los periodistas en México son el blanco directo tanto de instituciones del Estado como del crimen organizado. Ahora es cuando México tiene la oportunidad de dejar de ser el país más peligroso para los periodistas en el continente americano", sentenció la organización.
***05.02.2013. BRAZIL. Police think they have solved sports reporter’s murder (RSF)
Reporters Without Borders notes that Mauricio Sampaio, the former deputy chairman of the Atlético-Goiás football club, was arrested during the weekend on suspicion of hiring a hit man to murder sports journalist Valério Luiz de Oliveira in Goiânia, the capital of the central state Goiás, last July.
A reporter for Radio Jornal 820 AM, Luiz was one of a total of five journalists who were killed in connection with their work last year in Brazil. Aged 49, he was gunned down outside the station on 5 July.
“Sampaio’s arrest seems to support that theory that Luiz was killed as a reprisal for criticizing the Atlético-Goiás management on the air,” Reporters Without Borders said. “While respecting the presumption of innocence, we welcome the progress in the police investigation.
“The grave security problems to which Brazilian journalists are exposed, especially at the local level, had an impact on Brazil’s ranking in the latest Reporters Without Borders press freedom index. But the efforts it often makes to combat impunity distinguish it from other countries in the region.”
Sampaio was arrested at his home on 2 February, a day after the arrest of three other men on suspicion of involvement in the murder. One was Marcos “Marquinhos” Vinicius, a butcher by trade, who immediately confessed to being the perpetrator, police said. The other two – a military policeman and a friend and business partner of Luiz – allegedly paid Vinicius 200,000 réais (74,000 euros) to do it.
Sampaio, who is due to give a statement to the judicial authorities today, has so far denied any role in Luiz’ murder. Luis was very critical of Sampaio and both he and other members of the radio station’s staff had been banned from visiting the football club.
Read the Reporters Without Borders report on Brazil, entitled “The country of 30 Berlusconis”.
***04.02.2013. SEEMO/IPI Press Release: SEEMO welcomes Serbia commission to investigate journalist murders
Vienna 4 February 2013- The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), supports the establishment and work of the Commission to investigate the murders of journalists Radislava Dada Vujasinovic, Slavko Curuvija and Milan Pantic in Serbia.
The decision to establish the Commission came into force on 2 February, 2013. The goal of the Commission is to determine the agenda and time frame for fact-gathering and ascertaining other circumstances related to the investigations into the murder of the journalists, thus establishing cooperation with the bodies authorised to lead investigations. Based on the gathered information and circumstances related to the ongoing investigations, the commission will prepare a review of the current course of the investigations, including preparing its opinion on the effective ways of leading the investigations that could result in further progress, and offering concrete measures to be taken in that respect.
SEEMO Secretary General Oliver Vujovic said: “SEEMO supports the work of the Commission established with the aim of resolving the murders of the journalists Radislava Dada Vujasinovic, Slavko Curuvija and Milan Pantic. It is notable that the Commission's establishment was initiated by journalists, and that they successfully exerted pressure on the Government of the Republic of Serbia to make this initiative offical. Up till now, there have been several initiatives and investigations, but never has such a strong front been formed by the united forces of journalists and representatives of the authorised institutions. The advantage of a Commission established in such a manner lies in its diverse character. Due to their personal relations with the journalists in question, journalist-members of the Commission, will most certainly make the work of the Commission more effective, which will, in turn, contribute to its achieving expected results. We call on international institutions and experts to contribute their experience and professional practice to the work of the Commission which - due to the way in which it was established and due to its constitution and mandate - represents novelty on the international level”.
“We expect to get impartial information on what were the major obstacles in the investigations, and who is responsible for them, and that the final outcome of the Commission's work will be the solving of these murders, including revealing the perpatrators and those who gave the orders, as well as convictions in criminal trials - which will bring relief to everyone, especially to the families of the victims”.
“It is of the utmost importance that the Commission works without any pressure to come up with the results as soon as possible, as the most important thing is to achieve its aim, a process supported by the broad mandate of the Commission. It would be very significant to make the best of the investigations conducted so far, in a process resulting in the identification of the perpetrators, as this would be the best way to dispel suspicions concerning its establishment, its members and the motives involved – all of which should be completely separated from everyday political influences seeking to maintain the status quo”.
SEEMO will offer all its existing resources in order to support the Commission and its activities.
***31.01.2013. UKRAINE. IFJ/EFJ welcome conviction of Gongadze’s killer in Ukraine
The International Federation of Journalists (IFJ) today hailed as a step to end impunity in Ukraine the conviction of General Oleksiy Pukach with the murder of Georgy Gongadze by a court in Kiev on 29 January. The Federation joined its affiliates in Ukraine and Europe in welcoming the decision which capped a long and hard campaign waged by journalists and the journalist's family.
"After more than a decade of tireless pursuit of justice for Gongadze, the conviction of his killer is good news indeed," said Jim Boumelha, IFJ President. "Unfortunately, the decision feels like partial justice as others involved in his murder are still being shielded from responsibility."
Ukraine media reported that the court found General Pukach, a former chief of surveillance department in the Interior Ministry, guilty of strangling the journalist and sentenced him to life imprisonment. The defendant, who confessed to the killing in 2009, told the court the murder had been ordered by former President Leonid Kuchma, his former chief of staff Volodymyr Lytvyn and former Interior Minister Yuriy Kravchenko who died in 2005 in suspicious circumstances.
Prosecutors brought charges against Kuchma in 2011 but dropped them, citing lack of evidence. Pukach's trial was held behind closed doors, restricting access of families to court hearings and raising suspicions of a cover up.
Georgy Gongadze, publisher of the Internet journal Ukrainska Prawda, was kidnapped on 16 September 2000 and his body found later beheaded. The journalist had been investigating corruption at senior levels of the Ukrainian government led by former President Leonid Kuchma. Revelations of secret tape recordings of Kuchma ordering Interior Ministry' services to kill Gongadze sparked accusations of his involvement.
The IFJ spearheaded journalists' campaign to have his killers face justice and its European group, the European Federation of Journalists, has warned that failure to hold all suspects in Gongadze's murder would delay further the true rule of law in Ukraine. The IFJ/EFJ is opposed to the idea of holding a Court in a closed mode, which may give reasons to doubt the fairness of the sentence, and they call for greater openness in the proceedings.
"We urge the authorities to reconsider their decision not to prosecute other individuals mentioned by Pukach," added Arne König, EFJ President. "They should answer for their role in a public and transparent trial. It is the only way to do justice to Gongadze and allow his family to move on."
For more information, please contact IFJ on + 32 2 235 22 00
***30.01.2013. SERBIA. OSCE media freedom representative welcomes commission on unsolved murders of Serbian journalists, stresses responsibility of government
VIENNA, 30 January 2013 – Dunja Mijatović, the OSCE Representative on Freedom of the Media, welcomed today the establishment of a commission to assess progress in the investigations of unsolved murders of journalists in Serbia, but emphasized that the government needed to step up its own efforts to protect journalists.
“I fully support the new commission and I hope it will help to ensure that justice is served and will raise awareness of the issue of journalists’ safety. The journalists’ families and colleagues deserve justice and deserve to know who was behind their deaths,” said Mijatović.
“However, the responsibility remains with government institutions and the commission should in no way be perceived as relieving the government of this responsibility to investigate the murders and to ensure a safer working environment for media workers in general.”
“There is still a long way to go to end the impunity of those who instigate violence against journalists, in Serbia and beyond.”
The initiative by the Serbian government to establish an international commission to assess the progress of the investigations into the killings of Dada Vujasinović in 1994, Slavko Ćuruvija in 1999 and Milan Pantić in 2001was raised during Mijatović’s visit to Belgrade in 2012.
The international commission is headed by the Editor-in-Chief of Serbian broadcaster B92, Veran Matić. It is part of the Balkan Freedom Network, which is composed of representatives of journalist associations, human rights NGOs, independent regulatory bodies, and associations of prosecutors and judges.
For PDF attachments or links to sources of further information, please visit: http://www.osce.org/fom/99008
***25.01.2013. NORTHERN IRELAND. No prosecutions over the murder of ‘Sunday World’ journalist (Independent.ie)
EIGHT people investigated over the murder of a Northern Ireland journalist more than a decade ago will not be prosecuted because of concerns about a key witness's evidence, the Director of Public Prosecutions (DPP) in the North said today.
Sunday World reporter Martin O'Hagan, 51, was shot dead by loyalists in Lurgan, Co Armagh, in September 2001.
Neil Hyde gave an account to police which could not be independently verified, the prosecution authority said.
DPP Barra McGrory QC said: "The prosecution of any of the accused in this case would depend on the evidence of Neil Hyde.
"Having regard to all the circumstances, it has been concluded that, in the absence of any corroboration, the available evidence is insufficient to provide a reasonable prospect of obtaining a conviction against any individual."
Mr O'Hagan worked for the Sunday World, a Dublin-based tabloid which targets terrorism and organised crime, and built a reputation for covering paramilitary and drugs-related stories.
He was the first journalist believed to have been murdered in the line of work in the history of Northern Ireland's troubles, killed as he returned from the pub in his home town.
A car pulled alongside and a gunman shot him. Marie O'Hagan escaped death when her husband pushed her into a hedge to protect her.
During the police investigation a suspect, Hyde, indicated that he was willing to assist the authorities. He was interviewed at length by detectives about his knowledge of the killing and his own involvement.
The Public Prosecution Service (PPS) prosecuted him for a range of offences including conspiring to carry a firearm with intent to wound in connection with the murder, which had been claimed by the Red Hand Defenders, a cover name used by the Loyalist Volunteer Force (LVF) and Ulster Defence Association (UDA).
Hyde was jailed for three years last February. Sentencing judge Patrick Lynch QC told him if he had not agreed to identify the alleged culprits in Mr O'Hagan's murder and give evidence about the activities of the outlawed LVF, he would have been imprisoned for 18 years.
The PPS is considering whether Hyde should be referred back to court so his sentence can be reviewed and that decision hinges on whether he gave an untruthful account.
Mr McGrory said: "I know this decision will be disappointing to Mr O'Hagan's widow, family, friends and colleagues but the evidence that can be given by an assisting offender must be carefully evaluated and the test for prosecution applied on a case by case basis.
"Every case is different and the question whether the test for prosecution is met can only be determined on the merits of each individual case."
He said his approach had been assisted by detailed consideration given by Mr Justice John Gillen, who highlighted the dangers of convicting on the uncorroborated evidence of an accomplice after an Ulster Volunteer Force (UVF) supergrass trial last year. Twelve of the 13 men were acquitted of all charges following one of the longest trials in Northern Ireland's legal history.
The judge in that case said the supergrasses confused the roles of those they alleged were present.
Sunday World northern editor Jim McDowell said he was disappointed, annoyed and angry.
"Myself and the staff have worked hard since that black Friday in September 2001 to try to get justice for Martin O'Hagan.
"It now seems, that old adage, while there there may be a law in this country, where is the justice?"
He added that today's announcement had come as a complete shock to him and the dead man's family.
"This will not diminish in any way our resolve to continue to try to get justice for Martin," he said.
Mr McGrory insisted he had no reservations about legislation covering the use of supergrasses and said it set off the process of evaluating the evidence of an accomplice.
"There is a legislative framework which is helpful rather than a hindrance," he said.
"The legislation is structured in such a way that there are safeguards built in."
He said the absence of corroboration did not in itself mean no prosecution could be taken but meant the evidence of an accomplice had to be scrutinised to an even greater degree than it might otherwise have been.
"It becomes all the more difficult to prosecute, not necessarily impossible," he added.
"I have to apply as the DPP, in as fair and accurate a way as possible, the test for prosecution, requiring me to act only on evidence which I feel I can confidently bring to court and it will be relied upon and in this case I do not feel that that is the case. In this case the principles of justice are being rigorously applied."
- Michael McHugh
***11.01.2013. PHILIPPINES Ampatuan Massacre trial update
THE TRIAL of the accused killers and masterminds of the Ampatuan Massacre continued in 2012—but with hardly the kind of progress that press freedom groups and the families left behind by the 58 men and women killed Nov. 23 have been demanding.Three years have passed since the Ampatuan Massacre. The trial of the 196 alleged masterminds and perpetrators has been stalled by the lengthy processes involved in addressing the bail petitions of 58 of the accused.
(The Department of Justice originally filed murder charges against 197 persons. But the court has dismissed charges against a police officer for lack of probable cause in 2010.)
On Nov. 23, 2009, more than 100 men intercepted the convoy of Genalin Mangudadatu which included 32 reporters, editors, publishers, photographers, and cameramen. All 52 members of the convoy were killed on a hilltop in Ampatuan town, Maguindanao province; six others who happened to be on their way to Cotabato City were also stopped with the convoy and were also shot to death.
Genalin Mangudadatu together with relatives and supporters of her husband, former Buluan town vice-mayor and now Maguindanao governor Esmael “Toto” Mangudadatu, was supposed to file the latter’s certificate of candidacy for the 2010 gubernatorial race.
The trial
Branch 221 of the Regional Trial Court (RTC) of Quezon City is currently hearing the 57 counts of murder filed against 197 alleged perpetrators in connection with the Nov. 23, 2009 Massacre. The alleged perpetrators include prominent members of the Ampatuan clan—Andal Sr., Andal “Unsay” Jr., Zaldy, Sajid Islam, Akmad “Tato”, Anwar Sr., Anwar “Ipi” Jr. and Anwar Sajid “Ulo” who are all detained in the Quezon City Jail-Annex in Camp Bagong Diwa, Bicutan. Other members of said clan such as Bahnarin and Kanor are still at large.
The case for Reynaldo “Bebot” Momay was filed by the Department of Justice in September 2012.
Only 81 out of the 98 (QC RTC figure) arrested suspects have been arraigned by the QC court as a result of delays caused by the numerous petitions and motions filed by both the defense and the prosecution.
Observers have criticized the prosecution’s strategy which included everyone mentioned during the preliminary investigation without assessing the ability of the police to arrest and detain suspects and the lengthy trial of over 100 persons in a system hat has not been noted for speed.
Simultaneous bail hearings and evidence-in-chief
Sadly, the trial of the Ampatuan Massacre has been stalled by the need under the rules of court to show “strong evidence of guilt” on the part of the 58 suspected perpetrators who have filed petitions for bail.
Observers have noted with surprise how a bail hearing can last so long, and can involve the presentation of the “evidence-in-chief,” or the evidence that wll be presented during the trial itself. (For the accused who did not file petitions for bail, the proceedings are already in the trial stage.) In many court systems around the world, bail hearings are simply about whether the accused should be allowed liberty while the trial proceeds, involving a judgment of the gravity of the crime he or she is accused of and the risk of flight.
Even during the extended bail hearing, the defense lawyer of three accused members of the Ampatuan clan achieved delays with nine motions so far asking the judge to recuse herself. This number is much more limited in other judicial systems. In the Philippine courts, there is no limit to this delaying option.
Petitions in higher courts
During the bail hearings, the accused can ask for clarification of some of the court’s decisions, as defense lawyers representing different accused have asked the appellate courts and the Supreme Court to nullify their indictment in the multiple murder case, petitions which of course have delayed their arraignment.
One such petition was filed by defense counsels for Zaldy Ampatuan, one of the primary suspects and a brother of Unsay, with the Court of Appeals (CA) in June 2010. It was denied in November 2011 and again in April 2012; it was raised to the Supreme Court (SC) in April 2012.
SC affirmed the CA decision “with finality” in November 2012, saying the appellate court did not commit any reversible error and that the subsequent motion for reconsideration lacked merit.
There are four more pending petitions for certiorari, three for primary suspects, all members of the Ampatuan clan and one for a member of a civilian voluntary organization or CVO: Anwar Ampatuan Sr., Sajid Islam Ampatuan, Akmad “Tato” Ampatuan Sr., and CVO member Nicomedes Tolentino.
Defense Petition of Andal “Unsay” Ampatuan Jr. questioning the dismissal of the indirect contempt charges against lawyer Nena Santos Unsay’s petition questioning the admission of police officer Rainer Ebus’ testimony (Post-facto evidence) by the QC RTC Andal Ampatuan Sr.’s petition of a Manila RTC resolution dismissing his civil case vs DOJ seeking asking indictment of witness Kenny Dalandag
Prosecution Petition for certiorari asking for the reversal of the trial court’s dismissal of their motion to discharge Mohammad Sangki to be state witnesses
Last Oct. 3, the First Division of the SC upheld the filing of multiple murder charges against Anwar Ampatuan Sr. The Court in its resolution said Anwar failed to show that the CA committed mistake in retaining him as an accused in the Ampatuan Massacre trial.
The multiple petitions and motions by both the defense and the prosecution have delayed the trial. From January 2010 to October 2012, the defense has filed approximately 540 pleadings (motions/manifestations/petitions/comments) before the QC RTC Branch 221. The prosecution filed about 210 pleadings.
According to SC, Judge Solis of QC RTC Branch 221 had resolved 204 out of the 307 motions (excluding oral manifestations) filed by both defense and prosecution. This leaves 103—including 58 bail petitions—still unsolved.
Live coverage
A month before the third year anniversary of the Massacre, SC revoked its earlier ruling allowing live broadcast media coverage of the hearings on the Ampatuan Massacre. The 23 October 2012 decision gave weight to the appeal of Andal Ampatuan Sr. , saying that allowing real-time showing of the trial would be undermine his and the other accused’s right to due process.
The court, however, ordered the establishment of out-of-court viewing areas where the press and other interested citizens can watch the proceedings. Viewing areas will be put up in General Santos City, Koronadal City and Cotabato City.
The National Union of Journalists of the Philippines, which led in the petition for the live coverage request, filed a motion for reconsideration last Dec. 7. But it is unlikely that the Court would change its original decision.
***14.12.2012. RUSSIA. Amnesty International Hails Verdict to Politkovskaya Killer
LONDON, December 14 (RIA Novosti) – Human rights organization Amnesty International welcomed on Friday the conviction of the killer of Russian journalist Anna Politkovskaya and called on Russian prosecutors “not to rest” until the masterminds of the killing are brought to justice.
“While we welcome today’s verdict and the long-awaited prosecutions of Anna Politskovskaya’s killers, this case can never truly be closed until those who ordered her murder are named and brought to justice,” said John Dalhuisen, Amnesty International’s Director for Europe and Central Asia.
A Moscow court sentenced a former police officer to 11 years in prison on Friday for his role in the 2006 killing of investigative journalist Politkovskaya. Dmitry Pavlyuchenkov was convicted in a separate trial from the others accused of involvement in the killing, the mastermind of which remains at liberty.
“We are urging prosecutors to keep digging up the truth, no matter how politically inconvenient,” Dalhuisen said in a statement.
Politkovskaya, a reporter with opposition-minded Novaya Gazeta newspaper, was shot dead in the elevator of her apartment building on October 7, 2006. Investigators suspect the murder was linked to her work, which frequently produced reports critical of the Kremlin’s policy in the North Caucasus and the leadership in Chechnya.