October 2021 in Europe and Central Asia: A free expression round up produced by IFEX's Regional Editor Cathal Sheerin, based on IFEX member reports and news from the region.
October saw more names added to the lists of “extremists” in Belarus and “foreign agents” in Russia. There were also important developments regarding laws that criminalise insults to the head of state in Belgium and Turkey, plus welcome progress in the campaign against SLAPPs.
Smothering dissent, targeting lawyers
In Belarus, the Lukashenka government continued its efforts to stamp out political resistance and independence of thought as it tightened its chokehold on free expression, civil society and digital freedoms.
October saw the authorities announce a measure that would make subscribing to “extremist” independent Telegram channels, such as Nexta, a criminal offence, potentially punishable by up to seven years in prison (opposition activists point out, however, that there is no mention of criminal liability in the text). It also saw MPs unanimously pass a bill that would make calling for sanctions against Belarus a crime, and reports that the Ministry of the Interior is drawing up a list of “extremist” individuals.
Among those Telegram channels branded “extremist” was Golos (Voice), the official channel of the exiled opposition leader Sviatlana Tsikhanouskaya, against whom another criminal case was opened this month. Tsikhanouskaya has called for a day of solidarity with Belarus’s political prisoners, who now number over 830, in November.
Independent media were again in the firing line. A new case was opened against an unspecified number of Tut.by journalists, who are accused of inciting hatred and social discord, and who could face up to 12 years in prison if convicted. Employees of the independent newspaper Novy Chas were interrogated, and had their homes and offices searched by the authorities. The websites of Novy Chas, Deutsche Welle, and Current Time were also blocked.
Towards the end of October, attorneys representing the jailed former presidential candidate Viktar Babaryka were barred from practising by the authorities. In total, four of Babaryka’s legal representatives have been banned from their profession. Human Rights Watch reports that “at least 27 lawyers have already been banned or suspended in reprisal for speaking out against the recent wave of repressions”. And new restrictive amendments will come into force in November, increasing the Ministry of Justice’s authority over Belarusian lawyers and greatly restricting their independence.
Holding accountable those members of the Belarusian regime who have committed serious human rights violations is a long-term goal of many rights advocates. This month saw the European Center for Constitutional and Human Rights (ECCHR), together with the World Organisation Against Torture (OMCT), file a criminal complaint with the Attorney General in Germany against six high-ranking members of the Belarusian security apparatus for crimes against humanity.
For insightful discussion about the ‘Assault on Freedom of Expression and Human Rights in Belarus’, check out the video of this UN virtual side event, co-sponsored by various permanent missions, and by PEN America, Human Rights Watch, and the Committee to Protect Journalists. Speakers include Chair of PEN Belarus Svetlana Alexeivich, Anaïs Marin, UN Special Rapporteur on the situation of human rights in Belarus, Rachel Denber from Human Rights Watch, Gulnoza Said from the Committee to Protect Journalists, Polina Sadovskaya from PEN America and others.
Also check out PEN Belarus’s recent report on the violation of cultural workers’ rights.
Insulting the head of state
The case of exiled Spanish rapper Valtonyc – living in Belgium but convicted in Spain and sentenced to 3.5 years in prison for “insulting the monarchy” and “glorifying terrorism” – has led to a welcome outcome in his host country. Considering Spain’s request to extradite the artist, the Belgian Constitutional Tribunal ruled in late October that the crime of “insulting the monarchy” – which has been on the books in Belgium since 1847 – was unconstitutional. Thus, an anachronistic law threatening free speech was removed and Valtonyc’s extradition on grounds of his conviction for “insulting the monarchy” was rejected. However, the Appeal Tribunal in Ghent will have the final say on the extradition order.
[Translation: I have always been clear that I wanted to put my case in the hands of fundamental rights for the collective good. We have succeeded, we have won and Belgium will remove insults to the Crown from the penal code. I didn’t bow my head but you didn’t leave me on my own. Thank you. ]
Numerous European countries retain laws against insulting the monarchy, including Denmark, France, Germany, Greece, Iceland, Italy, Poland, Portugal, Slovenia, and Sweden.
Prosecutions for insults to the head of state are particularly common in Turkey, where, according to a recent report, “insulting the president” and “terrorist propaganda” were the two most common charges used to stifle critics during the period 2015-2019. President Erdoğan is particularly active in this regard, having reportedly filed 38,581 lawsuits for “insulting the president” between 2014 and 2020 (the previous five presidents filed 1,816 cases in total). Journalists and ordinary citizens alike are targeted with this charge: just last month, a man was sentenced to 1 year and 3 months in prison solely for sharing online a newspaper headline that described President Erdoğan as a dictator. October saw an important development, however: the European Court of Human Rights (ECtHR) called on Turkey to revise legislation criminalising “insulting the president” after it ruled that Turkey had violated a citizen’s freedom of expression by detaining him under the law.
There’s little chance that Turkey will comply with the ECtHR ruling, just as it has refused to comply with the Court’s other high profile decisions. Indeed, days after the ECtHR ruling, Turkey sentenced lawyer Sedat Ata to 11 months and 20 days in prison for “insulting” Erdoğan.
Failure to comply with ECtHR rulings is one of the major concerns highlighted in the European Commission’s 2021 Report on Turkey (issued this month). The authors also point to the ongoing pressure on civil society, the lack of judicial independence, the continuing deterioration of press freedom and fundamental rights, Turkey’s withdrawal from the Istanbul Convention and its undermining of women’s rights, and the increase in discriminatory discourse directed at LGBTQI+ people.
Meanwhile, the number of physical attacks on journalists in Turkey continues to soar. The BİA Media Monitoring Report records 29 assaults carried out during the 3rd quarter of 2021. According to the same report, 248 news articles (including 141 articles by Bianet) faced online access blocks during the period.
Looking ahead to November
A decision on Julian Assange’s extradition case is expected in the next few weeks. The final week of October saw the US authorities in court, where they were appealing an earlier decision by a UK judge not to allow the extradition of the Wikileaks founder. Reporters Without Borders and PEN Norway, who attended the hearing as trial observers, have provided useful summaries of the proceedings. Shortly before the hearing, rights groups made a joint plea to the US Attorney General to drop the case against Assange, who, if extradited to the US, faces 175 years in prison.
The threat posed to journalists, NGOs and civil society by Strategic Lawsuits Against Public Participation (SLAPPs) is widely acknowledged. The campaign for EU-wide anti-SLAPP legislation took a great leap forward in October when MEPs from two committees voted in favour of a draft report for anti-SLAPP measures, including legislation. The report, which will be voted on by the European Parliament plenary in November, makes several recommendations including proposals for early dismissals of SLAPPs, sanctions for claimants, the prevention of ‘libel tourism’ and an EU directive establishing minimum standards to protect victims.
In Turkey, jailed civil society leader Osman Kavala will be in court again on 26 November (PEN Norway will be observing). The bogus charges against him – attempting to “overthrow the constitutional order” and “espionage” – have been condemned internationally and the European Court of Human Rights (ECtHR) has ruled that he should be immediately released. In September, the Council of Europe’s Committee of Ministers announced that it would begin infringement proceedings if Turkey does not comply with the ECtHR ruling, and the Committee will vote on the decision in late November. In October, 10 ambassadors issued a joint call for Kavala’s release. President Erdoğan’s subsequent order declaring the 10 ambassadors “personae non gratae” threatened to cause a diplomatic crisis; however, the potential crisis was soon averted.
The International Press Institute’s first annual Turkey Media Symposium, entitled “The New Media Rising”, will take place over 4-5 November. Please register online to attend.
In brief
- 16 October marked the fourth anniversary of the murder of journalist Daphne Caruana Galizia in Malta. IFEX joined other press freedom groups in reiterating our call for all those involved in the crime to be held accountable. Representatives from ARTICLE 19, the Committee to Protect Journalists, the European Centre for Press and Media Freedom, the European Federation of Journalists, and Reporters Without Borders undertook a high-level press freedom mission to Malta where they called on Prime Minister Abela to strengthen media freedom.
- Shortly after journalist Dmitry Muratov was awarded this year’s Nobel Peace Prize, Russia added another batch of journalists and independent media organisations to its ‘foreign agents’ list (which currently includes more than 50 media entities and individuals). The recent wave of new additions to the list began in September, just before the parliamentary elections. Activities that can lead to a journalist being labelled a ‘foreign agent’ include reporting on problems in the country’s military, space agency and security service.
- October saw the first anniversary of the Constitutional Tribunal ruling that virtually banned legal abortion in Poland. A short report by Human Rights Watch provides an overview of how the ruling is doing ongoing harm to women, not just in terms of denying them access to their reproductive rights, but also via the increasingly hostile and dangerous environment that women’s rights activists have faced since the decision. In September 2021, a group of ultra-conservative activists introduced a new civic initiative “Stop Abortion” bill to parliament. If the bill becomes law, Human Rights Watch says, “It would consider abortion at any stage a homicide and would bring criminal penalties against women who have abortions, and anyone who assists them, with punishment of up to 25 years in prison.”
- In Greece, members of the Media Freedom Rapid Response (MFRR) mechanism called on the government to withdraw proposed amendments that would introduce fines and jail sentences of at least six months for journalists found guilty of publishing ‘false news’. You can subscribe to MFRR’s newsletter for the latest on their monitoring of violations of media freedom.
