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International Free Expression Review 2010 PROFILES IN COURAGE

AWARD WINNERS

GLOBAL UPDATE


CBC News is proud to sponsor the CJFE International Press Freedom Awards

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Contents

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Message from the President & Executive Director International Free Expression Review 2010 editorial director

Julie Payne

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About CJFE Letter From Evening Sponsor Masters of Ceremonies On the Cover: The Story Behind the Photo

managing editor

Jaclyn Law art director

Victor Szeto copy editor/writer

Cara Smusiak contributors

Lyndsie Bourgon Raina Delisle Kisha Ferguson Dana Lacey Karolina Olechnowicz Roxana Olivera Shanee Prasad Kevin Robertson Emmanuel Samoglou Mary Deanne Shears Amy Smart Fiona Wagner Thank you to the writers who volunteered their time to tell these stories of free expression.

INTERNATIONAL PRESS FREEDOM AWARD WINNERS Luis Horacio NĂĄjera & Emilio GutiĂŠrrez Soto Bibi Ngota, Robert Mintya & Serge Sabouang

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Vox Libera Award Winner The Citizen Lab

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On the Record: Who Inspired You to Become a Journalist?

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Evening Program

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Free Expression Index Map: Journalists in Jeopardy Gala Sponsors

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Profiles in Courage Brankica Stankovic Alejandro Carrascal Carrasco Harun Najafizada Samuel Osseh Sarr

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Free Expression in Canada: G20 Summit

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Inexcusable Errors in Air India Investigation CJFE Remembers Journalists Killed in 2010 Thank You Join CJFE

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Message From the President & Executive Director

Does Canada Measure Up?

E

very year we read about the state of free of many volunteers who helped pull it together. Special expression around the world, about journalists mention must go to Bob Carty, our veteran CJFE board killed and imprisoned, corrupt judiciaries and repressive member who conceived the project and served as the regimes. In this international review, we’ll put faces to Review’s editorial director. Additional credit goes to art those statistics and introduce you to some of those director Gigi Lau and copy editor Jaclyn Law. Thanks also fearless reporters and their stories. to the Canadian Commission for UNESCO, which made Interestingly, until now, there has been no annual a substantial financial contribution, and The Globe analysis of the state of free expression in Canada. This and Mail and Transcontinental for having the 40-page year CJFE launched the first annual review of the state of Review printed. freedom of expression in Canada. Why now? So, in addition to CJFE’s work managing IFEX, which Over the past couple of years, we have noticed a monitors free expression around the world on a daily basis, disturbing trend: The volume of Canadian free speech we are committing to monitoring and assessing free issues and cases has been steadily on the rise. We have speech in Canada and providing a yearly analysis. There witnessed violent attacks on editors of the ethnic press; will be no shortage of raw material—new court cases, the muzzling of bureaucrats, the servants of the people; continuing threats against the protection of sources, the and the crippling of the Access to Information system problem of libel chill, the continuing banning of books, to the point of crisis. and the very troubling events at the 2010 G20 summit In the Canadian Free Expression Review, CJFE in Toronto, where voices were silenced and the rights of documented cases of American journalists stopped at the citizens and media workers abused. border and questioned about their intent to write critically Our Canadian Free Expression Review will docuabout the Vancouver Olympics; cases of police impersonat- ment these matters and, in doing so, provide both a ing journalists, thus jeopardizing the necessary trust “report of record” and unique educational tool for media between reporters and the public; and reviewed important workers, human rights organizations, scholars, students court cases involving various issues of free expression, and politicians. And we welcome your continued support including journalists’ rights to protect their sources. CJFE for our work and invite you to engage with us in protecting is also an active intervener in major legal cases before the and defending our rights to freedom of expression. Supreme Court and provincial appeal courts. When this new publication launched on May 3, World Sincerely yours, Press Freedom Day, the response exceeded our expectations. Of particular interest to the public was our Report Card on Canada’s free expression performance in 2009, in which the Supreme Court got an “A” for establishing the Annie Game defence of “responsible communication” in defamation Arnold Amber cases, and the federal government received an “F” for its For an online version of the Canadian Free Expression handling of access-to-information requests. The success of CJFE’s first Review is due to the work Review, visit cjfe.org/2009/foe-review.pdf.

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CJFE 2010


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About CJFE

What We Do CJFE’S WORK INCLUDES: • management of the global free expression network IFEX, which has more than 90 member organizations around the world • advocacy of free expression issues both in Canada and around the world • publicizing and profiling free expression issues through events and outreach • protection of journalists through its Journalists in Distress Fund • programs such as the Scotiabank/CJFE Fellowship at Massey College for Latin American journalists • collaboration with other free expression organizations in Canada and abroad

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CJFE 2010

Outreach and Education Throughout the year, CJFE works to raise awareness and understanding about important free expression issues. In commemoration of World Press Freedom Day, we launched the first Canadian Free Expression Review: An annual report on the health of free expression in Canada. With its Report Card and in-depth articles on current free speech issues, it provided much-needed analysis of how this fundamental right fares in Canada. After a very successful first year, we will be making it an annual publication. Thank you to the Canadian Commission for UNESCO, Transcontinental and The Globe and Mail for their support. CJFE has also been engaged in the year-long process of changing our look, working with the wonderful Erin Kawalecki and Yasmin Sahni from Juniper Park, who gave us the huge gift of their time to develop a new logo and give us new ideas for how to communicate our messages to the Canadian public. In tandem with that, we have also been redesigning our website with web designer Christy Rutherford. Visit cjfe.org to check out our new look! International Free Expression Exchange (IFEX) CJFE has been both a member and the manager of IFEX since its inception in 1992. IFEX is a dynamic global network that monitors, promotes and defends freedom of expression worldwide. Based in Toronto, IFEX produces urgent daily alerts and weekly information products, helps build the capacity of members regionally, facilitates campaigns and advocacy, and creates the space for its members to discuss, learn and collaborate on common strategies to address critical free expression issues. As part of this important community, CJFE brings a Canadian perspective to the table and collaborates with like-minded organizations around the world on a variety of initiatives key to our mandate.


Advocacy Work in Canada In 2009/10, CJFE intervened on a number of important cases that we hope will result in the creation of better laws to protect free expression in Canada. These include: Defamation and Libel Cases • Crooks v. Newton—issue of hyperlinks and defamation Protection of Sources • National Post, Matthew Fraser and Andrew McIntosh v. Her Majesty the Queen Access to Information • CBC v. Attorney General of Quebec, SCC no. 32920—issue of electronic access to the courts

Journalists in Distress CJFE’s Journalists in Distress Fund provides humanitarian assistance to journalists whose lives and well-being are threatened. In most cases, the journalists we help have been attacked or threatened because of their profession. In addition to disbursing its own fund, CJFE also coordinates an email group of 18 international organizations that provide some type of distress assistance to writers and journalists, allowing all of us to share information, coordinate joint efforts and avoid duplication. This year, CJFE helped one journalist get the surgery he needed after being shot. Another received psychological counselling after a traumatic experience. We paid a journalist’s rent for four months after he was forced to flee his home country, and we provided money for translation for a court case for another journalist. These are just a few examples of the kinds of cases we see.

“I have received the money that you sent CJFE also launched a Charter application to me. I really want to forward my deep address the troubling practice of police forces thanks for helping us out of this trouble and their officers impersonating journalists for that we are facing. I am really grateful investigative purposes. for your unreserved help for me and my daughter. Thank you very much.”

—Ethiopian journalist

THE JOURNALISTS IN DISTRESS FUND The fund helps journalists: • pay lawyers’ fees when they are detained • pay for medical expenses when they are caught in the line of fire • pay for transportation costs when they are forced to flee With the help of a Journalists in Distress grant, CanadianEritrean journalist Aaron Berhane was finally reunited with his family in Canada after nine years apart.

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Letter From Evening Sponsor

Wendy Hannam Executive Vice-President Sales & Service, Products & Marketing International Banking

The Bank of Nova Scotia Executive Offices, Scotia Plaza 44 King Street West Toronto, Ontario Canada M5H 1H1

November 25, 2010 Scotiabank is pleased to welcome you to the 2010 Canadian Journalists for Free Expression (CJFE) Gala, A Night to Honour Fearless Reporting. We are very proud to join with CJFE for the fourth consecutive year to sponsor this year’s awards gala, which recognizes the courage and commitment of international journalists who face significant risks to bring their stories to the public. This evening always provides thoughtful and thought-provoking perspectives, opinions and ideas, which are the foundation of freedom of expression—an essential element of a free and democratic society. Tonight’s event reminds us that the protection of this right is not universal. As Canada’s most international bank, we are privileged to work with talented journalists around the world. We commend the contribution they make to the societies around them, and we are honoured to have this opportunity to celebrate their exceptional work. I commend all those being recognized this evening, as well as those acknowledged in years past. Your courage and commitment to free expression are truly inspiring, and we are privileged to share this evening with you. Sincerely,

Wendy Hannam

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CJFE 2010


Masters of Ceremonies

VICTOR MALAREK

ANNE-MARIE MEDIWAKE

Victor Malarek has more than 30 years’ experience in Canadian news. At present, he is an investigative reporter for CTV’s W5. Prior to W5, he was the investigations editor for The Globe and Mail and host of CBC’s The Fifth Estate. He has won many awards for his work; in 2001, his hard-hitting investigation into the Toronto Police union led to a fourth Michener Award, and in 1997, he won a Gemini Award as Canada’s Top Broadcast Journalist. Born in Lachine, Que., Malarek began his journalism career as a copy boy at Weekend Magazine in Montreal in 1968. Two years later, he joined The Montreal Star as a police reporter and was one of the first to report on the October Crisis. He has since reported from across Canada and the U.S., and from countries such as Afghanistan, Iran, Kurdistan, Ethiopia, Somalia, Mexico, Chile and Colombia. Malarek has written six non-fiction books. His most recent include The Johns: Sex for Sale and the Men Who Buy It (2009) and The Natashas: Inside the New Global Sex Trade (2003), which was published in 12 languages and 14 countries. Malarek has also written books about Canada’s illegal drug scene and Canada’s immigration and refugee system. In his first book, Hey… Malarek! (1984), he wrote about his own tumultuous youth in the so-called care of Quebec’s child welfare system.

News anchor Anne-Marie Mediwake is the cohost of CBC News Toronto at 5, 5:30 and 6 p.m. The award-winning journalist has been connecting with viewers on Canadian airwaves since the early ’90s, most recently as the weekday morning anchor on CBC News Network. Mediwake’s broadcast portfolio includes prominent roles in local, national and international news coverage. Prior to joining CBC, she co-anchored Global Television’s Toronto flagship newscast. Mediwake also cohosted CTV’s national, Gemini Award-winning investigative current affairs show 21C. While at CTV, she also reported for CTV National News with Lloyd Robertson, Canada AM and Newsnet. In 2004, Mediwake hosted Sri Lanka: A Journey Home, a network news documentary that gave Canadians unprecedented access to her birth country, Sri Lanka, after the tsunami. Mediwake has been nominated for Canada’s Top 35 Under 35, and is passionate about her involvement with local charities, connecting with the community through her many speaking engagements. In 2007, Mediwake and her husband, TV journalist Darryl Konynenbelt, added triplets to their lives; she opened up to Canadians about the experience in a popular National Post column. Mediwake cites her Scottish-Sri Lankan heritage as the source for her natural curiosity and love of sharing stories. cjfe.org

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On the Cover

The Story Behind the Photo

“I

was defenseless … There wasn’t anything I could do, other than wait for the first blow. Then a Reuters friend of mine came and made me pretty famous.” Dario Lopez Mills wasn’t looking for fame when he set off to photograph the 2009 coup d’état in Honduras—he’s usually covering the news, not being the news. But what happened in Tegucigalpa is a testament to journalism’s power to protect. Lopez Mills flew into the city on June 29, 2009. One day earlier, the Honduran military had surrounded the presidential palace, arrested President Manuel Zelaya and flown

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CJFE 2010

him to Costa Rica. to say that the situation was tense Zelaya had been battling the but stable. Lopez Mills remembers military leadership, the Supreme the words of the next call: “All hell is Court and Congress for months breaking loose.” to hold a referendum on creating The taxi pulled up to a chaotic a constituent assembly to draft a scene with protesters, police and new constitution. Zelaya’s critics soldiers running in every direction. warned that he was trying to extend “There were battles going on here and his presidency beyond the mandated there … You could hear the tear-gas single term. Zelaya denied having any detonations, and then they started such ambition. shooting live rounds,” says Lopez Mills. By the morning of June 29, proThe driver told him it was too testers had squared off with soldiers dangerous, but Lopez Mills got out and riot police in front of the palace. of the car and walked behind a gas Lopez Mills stopped briefly at his station. “I see these [protestors] gethotel, then found a taxi driver willing ting detained, and some of them were to take him toward the protests. An being hit with batons. So I started Associated Press colleague called heading over there … I start raising

Photo: Reuters/Oswaldo Rivas

By Kevin Robertson


“There were battles going on here and there … You could hear the tear-gas detonations, and then they started shooting live rounds.” my camera and, all of a sudden, this group of policemen start pushing me against the wall.” Lopez Mills was surrounded by police officers with helmets, body armour and truncheons. “At that point I thought, ‘Well, this is it. I’m gonna get pummelled.’ … I was the only photographer there at that moment. I guess they figured they could keep me out of the picture … Already they were [hitting] my shins. I was trying to protect my legs and protect my gear.’” This wasn’t the first time Lopez Mills had been hurt on the job. About five years earlier, he was badly beaten by a street gang while covering water protests in Mexico City. Now, behind the gas station, it looked like he would suffer another brutal attack. Suddenly, the police turned around, says Lopez Mills. “At that moment, a bunch of other photographers arrived … A Reuters colleague actually came to my rescue.” Oswaldo Rivas from Reuters had been taking photos of clashes between protesters and police along Tegucigalpa’s main street when he saw the skirmish by the gas station. “I saw a group of policemen, and they’re hitting somebody. Then I’m afraid, because I realize it’s a photographer … [Until then], I didn’t know Dario was in Honduras …. At that moment I

just started taking photos, and taking photos and taking photos.” Rivas vividly remembers what he witnessed. “It was bad. He was scared. Dario kept saying, ‘I’m a journalist. I’m a photographer.’ But they didn’t care. They were hitting everyone in their way …. Then they turned around and saw me with a camera, and they stopped hitting him.” Lopez remembers it like this: “[The police] realized they weren’t alone.” The police moved away and joined their colleagues to load protestors, many injured, onto a pickup truck. Rivas and Lopez Mills also got back to work. There was no shortage of action to capture: Water cannons doused crowds with bright-red liquid. Stones rained down on police riot shields. Soldiers fired their weapons, and riot police continued to wield their batons. Late that evening, Lopez Mills got a call from a Reuters editor, who told him that Rivas had a good shot of him. Would he mind if they moved it on the wire? Lopez Mills assented, and the next day, the image was in papers and on screens all around the world. The protests in Tegucigalpa continued for months. In September, Zelaya smuggled himself back into the country, but the provisional government persevered. In November,

Porfirio Lobo, an opponent of Zelaya, was elected president. Upon taking office in January, Lobo signed a decree granting amnesty for political crimes committed during the coup. Safety for journalists has deteriorated since Lobo took office. Nine have been murdered, and there are numerous reports of journalists being harassed, threatened and attacked. On Sept. 20, the Special Rapporteur for Freedom of Expression at the Inter-American Commission on Human Rights condemned “the persistence of the attacks against journalists and the media, as well as by the lack of results in the investigations into the murder of journalists committed this year in Honduras.” In November, the Honduran government agreed to investigate the murders, following international lobbying by members of IFEX. Meanwhile, Lopez Mills is recovering from his 15 minutes of fame. “It wasn’t very pleasant, to tell you the truth. I would have much preferred to have a photo of mine be the centre of attention instead of a photo of me.” But he’s grateful all the same. “If the other journalists hadn’t arrived, I think I would have at least got my head opened.” Kevin Robertson is a CBC radio and television producer.

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International Press Freedom Award Winners

Nájera (left) and Gutiérrez were forced to flee Mexico after their families were threatened

Luis Horacio Nájera Emilio Gutiérrez Soto

&

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CJFE 2010

Mexico By Amy Smart

In Mexico, death threats come in many forms. A police officer may press an AR-15 rifle to your chest and tell you that you’d better be careful, because you could be “disappeared and nobody would find you.” You may receive strange phone calls at night. An unknown vehicle, filled with men holding guns, might pull up beside you while you’re driving.


› Mexican journalist Luis Horacio Nájera, who along with Emilio Gutiérrez Soto is a recipient of this year’s CJFE International Press Freedom Awards, has experienced each of these scenarios. The threats also come in subtler, but equally grave, forms. “The most common threat,” says Nájera, “is when a police officer comes to you and says, ‘You know, my friend, you better not write more about this thing. It’s better for you.’” As journalists covering the northern border region of Mexico, including the notoriously dangerous city of Juárez, Nájera and Gutiérrez have been targeted by drug traffickers, police and members of the army. Reporting simple facts—that four members of a drug cartel were killed in a shooting, for example—can hold deadly consequences for journalists; the cartel will likely intimidate the journalists into changing the story to avoid appearing weak to the public. Nájera and Gutiérrez were each forced to flee the country after the threats were extended to their families. “[The scariest moment was] seeing my son in danger of being assassinated next to me,” says Gutiérrez. He and his son are seeking political asylum in El Paso, Texas, just across the border from Juárez. Nájera, his wife and three children were granted “protected person” status in Canada in June 2010. They are not unique. According to free expression organizations, more and more Mexican journalists have been seeking refuge in the face of increased threats. Nájera and Gutiérrez both fled in 2008, just two years after President Felipe Calderón took power and intensified drug enforcement—a move that has made reporting significantly more dangerous. With more than 50,000 soldiers deployed in the country, violence has worsened and basic human rights are violated in the name of martial law. There have been over 28,000 drug-related homicides since Calderón took office.

In some areas, the escalation of violence has tipped the precarious balance of power between cartels. One cartel has historically controlled Juárez, for example—but a second cartel is competing for territory. The state is cracking down on drug trafficking by air, so criminal organizations are fighting to control transport to the U.S. by water and land—making border cities all the more valuable. At the same time, corruption within the army and police is rampant. Many officials have direct links with the cartels, and abuses against civilians

“How can you trust in the government if the same government is trying to kill you or target you?” have fostered a climate of fear. If the army receives an anonymous call that there are weapons in your house, says Nájera, your rights are ignored. “They just go and break your walls and your doors. They take people to the military base and torture them, asking about weapons.” The authorities are responsible for 65 per cent of attacks on the press, according to a recent study by Article 19 and the National Centre for Social Communication (Cencos), a Mexican nongovernmental organization. “One of the threats that I received before I came to Canada was from the army. Why? Because I was following an investigation about kidnappings, illegal intrusions and even killings by the military,” says Nájera. “How can you trust in the government if the same government is trying to kill you or target you?” “We are at the mercy of a powerful state and organized crime,” says Gutiérrez. “In the end, we feel they are one and the same.” Mexico ranks 137th on RSF’s Press Freedom Index—a place it shares with the Gambia, below Colombia and Thailand. Since January, CJFE has recorded that 13 journalists have been killed in Mexico, which makes it the most dangerous place to work as a journalist in the Western Hemisphere. But offenders face little or no persecution. ››

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International Press Freedom Award Winners

“I hope the international community puts pressure on the Mexican government to begin real investigations and give real protection to journalists.” “Impunity is what hurts Mexicans most, since the state has obvious direct links with criminal gangs,” says Gutiérrez. “It has taken society hostage and effectively silenced journalists with threats.” CJFE reported in July that some media organizations like Noticias de El Sol de la Laguna have decided to stop covering crime altogether in an attempt to protect their employees. The Special Federal Attorney’s Office for Combating Violence Against the Media was created in 2006, but not one murder case or journalist disappearance has been solved. “Worst of all, it has frequently closed the file on the most serious ones, particularly those in which governors or their associates are suspected, systematically ruling out any link between the death of or attack on a journalist and their media work,” reports RSF. Press freedom is further threatened because many journalists have little support from their employers. Wages are very low, often with no benefits, and journalists are often required to sign waivers that absolve media organizations of legal and medical responsibility. “You can’t be a good journalist if you know that you don’t have enough money in your account to buy food, clothes and medicine for your children,” says Nájera. Yet Nájera and Gutiérrez continued reporting for many years before going into exile. “If we don’t say anything, we become complicit,” says Nájera, adding, “If, with my job, I can do something to make change—this is priceless.” Despite being top journalists in Mexico, Nájera and Gutiérrez have faced hardships in their current countries of residence. Nájera and his wife work as janitors in Vancouver, and he is concerned that living in fear for years has traumatized his children. He himself has been diagnosed with

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severe post-traumatic stress disorder. When Gutiérrez crossed the border into Texas, he was held in a detention centre for seven months, for no specific reason—a regular situation for those seeking refuge, under the Bush administration. His hearing for political asylum is scheduled for January 2011. He has not yet found a job in El Paso. Sandra Spector, who is helping with Gutiérrez’ case, says that cases in the U.S. are scheduled years away, in hopes that the climate in Mexico will improve by the time of the hearings, and asylum seekers will be able to return home. “We feel very confident that he is going to win his case—and unfortunately, part of it is because the situation is worsening in Mexico,” says Spector. Gutiérrez and Nájera continue fighting for the rights of their colleagues. Gutiérrez co-founded Mexican Journalists in Exile (PEMEXX), which helps exiled journalists find refuge. Nájera has started a Facebook group, Periodista No te Calles (“Journalists Don’t Shut Up”), and sends news of abuses against journalists in Mexico to organizations such as CJFE, RSF and Article 19. “I hope the international community puts pressure on the Mexican government to begin real investigations and give real protection to journalists.” Nájera is hopeful that he can return to his profession. “This is the job that I love. I’ve been a journalist for 18 years and I hope that I can still be a journalist—until the day I can’t write, or I can’t speak, or I can’t take a picture.” Amy Smart is a freelance journalist. She has written for Canadian Geographic and CBC Radio’s Q. She is pursuing a master’s degree in journalism at Ryerson University.


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International Press Freedom Award

Bibi Ngota, Robert Mintya & Serge Sabouang Cameroon By Fiona Wagner

From left: Ngota, Mintya and Sabouang

This year marks the 50th anniversary of Cameroon’s independence from colonial rule, but under the 28-year authoritarian regime of President Paul Biya, journalists have yet to gain any real degree of freedom. The escalating attacks on press freedom, characterized by the New York-based Committee to Protect Journalists (CPJ) as “a wave of arrests, harassment, criminal prosecutions and even abuse,” gained international exposure this year with the prison death of Cameroun Express editor Ngota Ngota Germain Cyrille a.k.a. Bibi Ngota, and the continuing detention of two other journalists: Serge Sabouang, publisher of the bimonthly newspaper La Nation, and Harrys Robert Mintya, editor of the weekly newspaper Le Devoir.

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› In nominating these journalists for CJFE’s “Arbitrary arrests and criminal International Press Freedom Award, exiled prosecution of journalists, as well Cameroonian journalist Jean-Marc Soboth explains, as torture, have become routine “The work of journalists such as Mintya, Sabouang and [the] late Bibi Ngota is symbolic; it brings at forms of abuse against press least knowledge and comprehension on dangers freedom, inflicting huge damage to journalists face when they are investigating cor- any confidence in the rule of law ruption at the highest level of the state.” Under Operation Sparrowhawk, an anti- and democracy in Cameroon.” corruption drive launched in February 2006, scores purportedly from top presidential aide Laurent Esso, of officials have been weeded out and prosecuted; currently the minister of state and secretary-general still, rampant corruption continues. Investigative of the president’s office, and also the chairman media coverage of high-profile corruption cases is of Cameroon’s state-run oil company, National routinely met with official resistance. Cameroon Hydrocarbons Company; it included instructions to is regarded by many free expression groups to be pay illegal “commissions” totalling 1.3 billion CFA one of the worst jailers of journalists in Africa. francs to three company officials involved in the Despite the ruling party’s ostensible commit- 2008 purchase of the luxury hotel ship Rio Del Rey. ment to basic rights, including freedom of speech, Reportedly, Mintya had sent interview questions high-ranking politicians commonly use threats and with a copy of the memo to Esso in preparation for judicial action to censor critical coverage of national a story, which had not been published. affairs. According to a report by the Federation of Mintya and Ngota were interrogated for 12 African Journalists, Journalists Under Fire, “Arbitrary hours before being released, while Sabouang and arrests and criminal prosecution of journalists, as Nko’o were held incommunicado for a week without well as torture, have become routine forms of abuse charge. DGRE agents allegedly used psychological against press freedom, inflicting huge damage to and physical torture to force the editors to reveal any confidence in the rule of law and democracy their sources for the document. This was despite in Cameroon.” Cameroonian law, which dictates journalists can The government routinely uses the Penal Code only release sources in chambers before a judge. to criminalize “media offenses” despite long-time Mintya, Ngota and Sabouang were re-arrested, lobbying from free expression organizations for and on March 10, they were sent to the infamous the Cameroonian government to align with other Kondengui prison in Yaoundé under terms of preAfrican countries and introduce penalties for trial detention, by order of Esso, who had lodged a press offences that are more appropriate than criminal complaint accusing them of committing imprisonment. “joint forgery” in an attempt to discredit him. Nko’o Troubles started for the three journalists has gone into hiding. on Feb. 5, 2010. Ngota, Sabouang, Mintya and The odds were stacked against the already frail another journalist, Simon Hervé Nko’o, were ar- and sick Ngota. According to the Maryland-based rested and detained without reason by Cameroon’s non-profit Progressive Initiative for Cameroon intelligence agency, the Directorate General for (PICAM), “Acts of mistreatment of prisoners of External Investigation (DGRE), and were later conscience—including torture, starvation, detenaccused of possessing “documents compromising tion in filthy cells, denials of medical attention, to key figures in the Republic.” and other crude forms of dehumanizing treatThe leaked document in question was ments—are reportedly routine occurrences at the

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“Journalists at work in Cameroon need to be respected, protected and organized in their capacity as agents of good governance, transparency and truth without distinction.” Kondengui prison facility.” Built for 800 inmates, “These zealous officials tried to protect themselves the prison routinely holds nearly five times that from any accusation of ‘good treatment’ towards number. Detained journalists, political activists journalists.” and juveniles are habitually placed in cells with Many observers believe that Cameroonian hardened criminals. officials are simply trying to close the case as Mintya, Ngota and Sabouang were housed with quickly as possible and silence further inquests 30 other prisoners in a collective cell without beds or into Ngota’s death and the continued detention sanitary facilities. By April 22, 2010, six weeks after of Mintya and Sabouang. his arrest, Ngota was dead. According to a prison But Cameroonian journalists aren’t so easily death certificate obtained by his family, he died due silenced. Hundreds met for a peaceful sit-in outside to “abandonment, improper care” and “failure to the prime minister’s office on May 3, World Press render assistance,” despite repeated requests for Freedom Day, to pay tribute to Ngota and protest medical attention. the continued attacks against the press. It was the International pressure prompted President first such demonstration in 20 years. Sadly, armed Biya to open an independent inquiry into Ngota’s security forces responded with violence. death. Despite Biya’s ostentatious announcement Both Sabouang and Mintya face the possibilon April 26 of an official investigation “with a ity of 15 years in prison if found guilty of forgery. concern of objectivity and impartiality … in view of What’s more, CJFE is deeply concerned over Mintya, establishment of the truth,” Ngota’s death has yet who was taken from Kondengui prison to hospital to be adequately explained and remains a matter more than two weeks after being clubbed over of dispute. the head and seriously injured in an attack by a In September, more than five months after fellow inmate. Ngota’s death, Justice Minister and Deputy Prime According to sources, Mintya wrote many letMinister Amadou Ali presented the result of this ters to Esso, begging forgiveness for the fact that presidential inquiry. Quoting from an internal re- the document was forged. He then wrote letters port from Norbert Francis Ndi, Kondengui prison’s accusing other top Cameroonian officials of being chief doctor, Ali said that Ngota died “as a result of responsible; the attack on Mintya may have been opportunistic infections linked to HIV.” He also carried out in retribution. noted that no signs of torture were on the body. Jean-Marc Soboth says, “We should ... honour This mirrors what Issa Tchiroma Bakary, these colleagues that were tortured, sent to jail and communication minister and government spokes- who died in order to let the world know that journalperson, said just four days after Ngota’s death: ists at work in Cameroon need to be respected, that Ngota died due to his seropositivity and not protected, organized and enforced in their capacity to mistreatment. Ngota’s family maintains he as agents of good governance, transparency and had asthma and hypertension, but not HIV/AIDS. truth without distinction.” “Bibi Ngota died because officials of the prison refused to consider his critical disease [hyperten- Fiona Wagner (fionawagner.com) is a sion] because they were just afraid of the ‘boss,’ freelance writer and editor in Hastings the secretary of the presidency,” says Soboth. County, Ont.

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MEDIA PROFILE supports CJFE and the journalists who dedicate their lives to telling the stories that define the world in which we live.

PROUDLY SUPPORTS THE 2010 INTERNATIONAL PRESS FREEDOM AWARDS

*SOURCE: THE CANADIAN JOURNALISTS FOR FREE EXPRESSION (CJFE)


Vox Libera Award

The Citizen Lab By Lyndsie Bourgon

T

he Munk School for Global Affairs, tucked inside the

downtown campus of the University of Toronto, is a labyrinthine building that can easily confound visitors trying to get inside and downstairs, below the stone pillars. Persistence is rewarded, however—beneath the stately halls where political discourse occurs is a computer lab where some of today’s most important human rights work is taking place. The Citizen Lab, the winner of this year’s CJFE Vox Libera Award, is a pioneer in the world of “hacktivism”—its members document cases of cyber-espionage and Internet censorship around the world. Founded in 2001, The Citizen Lab is based at the University of Toronto. It is a partner of Ottawa’s SecDev Group, and has received research funding from The International Development Research Centre and the MacArthur Foundation. Through their efforts to unmask the online world’s censorship villains, the team at The Citizen Lab has become a veritable group of heroes dedicated to championing free speech for all while making it harder for governments and private companies to censor information online. Through its ongoing OpenNet Initiative and The Information Warfare Monitor research projects, Citizen Lab tracks the trackers, determining who’s watching the web activity of non-governmental organizations and human rights groups that

20

CJFE 2010

suspect they’re being monitored or attacked through malware online. (Malware is software designed to infiltrate a computer’s system without consent.) In March 2009, the lab announced that it had uncovered GhostNet, a cyber-espionage network operating out of servers in China that was responsible for attacking hundreds of computers in 103 countries, including those linked to the Dalai Lama’s offices and various embassies. Though The Citizen Lab wasn’t able to identify the people behind the servers, its findings were proof that a cyber-espionage system was breaching computers belonging to important institutions. In April 2010, The Information Warfare Monitor and the Shadowserver Foundation released Shadows in the Cloud, a report that builds on work started in the Tracking GhostNet investigation. The report documents the “increasingly dangerous ecosystem of crime and espionage and its embeddedness in the fabric of global cyberspace.” With about 10 to 15 employees working on various projects, and an international cast of on-theground workers in countries including Vietnam and Iran, Citizen Lab is working towards a difficult goal: an open, public Internet. “Our method is to start with victims who are suspected targets of espionage or surveillance, typically through malware and suspicious email attachments,” explains Ronald Deibert, The Citizen Lab’s director and a political science professor at the University of Toronto.

photo: glenn lowson

The Citizen Lab’s Ron Deibert


“We’ll work with a group—for example, Human Rights in China—and do a kind of forensic audit of their offices and undertake a very long, detailed investigation… We’re raising awareness and putting a spotlight on what’s going on.” Citizen Lab may have even assisted your media organization—in 2006, it helped develop a tool called Psiphon, which provides circumvention services for users abroad who are unable to access certain Internet pages. “Say you live in Canada and you have a friend in Iran or China and you want to help them get access to the free Internet,” explains Deibert. “You set [Psiphon] up on a computer at home and it turns it into a proxy. You give them the connection to your computer, they connect and then fetch content.” Psiphon is widely credited with helping to provide Internet access during the media crackdown in Iran before, during and after the disputed 2009 presidential election. Workers at the lab gave people in Iran links that led to Psiphon’s web server, allowing unrestricted access. This made it easier to communicate, share information and coordinate a response to the crackdown. After that, Deibert says, the researchers realized that there was a market for a service like Psiphon. A friend at the BBC told him that the broadcaster was investing heavily in its Internet presence, but was being filtered in countries like Vietnam, Iran and China. He asked Deibert, “Can Psiphon help us?” Now, Psiphon Inc. is an independent company that offers services to clients including the BBC, Voice of America, Radio Free Asia and Radio Farda. (A portion of the profits support research.) Deibert insists that The Citizen Lab doesn’t work to enable protesters or dissidents, and that it simply places a spotlight on and raises awareness about Internet censorship. But its work supports those who speak out against repressive regimes, and allows the sharing of information with fellow citizens and across borders. “It’s not just research for research’s sake,” he says. “The aim of The Citizen Lab is working in the arena of Internet, global security and human

rights… And a lot of that [affects] journalists.” Deibert says journalists are regularly targeted with malware. The Citizen Lab has worked with foreign correspondents in China who were attacked through email attachments. “When you hear somebody is appreciating [your work], especially from a community like CJFE, it makes us think we’re on the right track, and we’re in it for a good reason.” In the future, The Citizen Lab hopes to help more human rights groups, adds Deibert. “We need to work with the organizations, to help them better defend themselves from these attacks, and to find out where they’re coming from.” He also wants to help establish Canada as a leader in preventing and punishing cyber-censorship, especially considering our already-established peacekeeping reputation. “I feel very strongly that we, as a nation, can do so much more,” he says. “We’re a country that has a strong appreciation of the importance of communications. We’re a large landmass, and communications have held us together for the time we’ve been in existence. But when it comes to cyberspace, where are we? We’re absent.” Deibert notes that the United States has a cyber command, and that its military has defined the Internet as a domain where it wants to fight and win wars. “Whatever you think of those things, at least they have a concerted strategy of it,” Deibert says. “A lot of work needs to be done [to nurture] the Canadian government to understand the importance of this area. In the past, I would do things more from the outside—shake my fists and so on. But now it’s so important to engage.” For more information about The Citizen Lab, visit citizenlab.org. Lyndsie Bourgon (lyndsiebourgon.com) is a freelance writer based in Toronto. Her work has been published in Canadian Business, The Globe and Mail and the National Post.

cjfe.org

21


On the Record

Who inspired you to become a journalist? By Karolina Olechnowicz

Journalists around the world share a passion for honest and objective reporting. The right to free expression and a free press continues to be threatened in certain countries, and journalists there are harassed by authorities, subjected to arbitrary arrests and even killed. Journalists who continue their craft despite hostile environments inspire others to follow their brave examples. CJFE asked journalists who inspired their careers and what sparked their interest in journalism.

‘‘

A.J. (Joe) Liebling could be gentle and compassionate or vicious and funny—whatever the story required. He was a great city reporter and war correspondent, but best of all were his Wayward Press columns in The New Yorker—savage takes on what happens when newspapers forget their readers have brains.” – Paul Knox, associate professor, School of Journalism at Ryerson University, and former newspaper reporter, editor and foreign correspondent

‘‘

My father always read articles by Roberto Blanco Moheno (1920-2001), and many times I did too. His biography A Reporter’s Memories gave me the feeling of journalism: the adrenaline rush of looking for information or getting the exclusive; the travels; the opportunity to help others through my job. I read it, and I wanted this way of life for myself, and I got it.” —Luis Horacio Nájera, journalist, photographer, videographer and 2010 CJFE International Press Freedom Award winner

22

CJFE 2010


‘‘

While I was mightily impressed by the work journalists like Ann Medina were doing on CBC’s The Journal, I also noticed the absence of women’s stories. It was the women readers and viewers who responded to my early reports about women’s issues in zones of conflict that inspired me to make it my beat.” —Sally Armstrong, human rights activist, documentary filmmaker, award-winning author and recipient of the Calgary Peace Prize

‘‘

One of the journalists who particularly inspired me for his courage was Cameroonian Pius N. Njawe, who was killed in an accident in Norfolk, United States, in June 2010. He was a kind of African Joseph Pulitzer and a model of independence who had a great influence on us since the time when we were students in university in 1990/1991. He was arrested for his opinions at least a hundred times. We were quite close up until his death; I feel so proud.”

‘‘

—Jean-Marc Soboth, award-winning investigative journalist, co-founder of the Federation of African Journalists, and former chair of the National Syndicate of Cameroonian Journalists

William L. Shirer was my first inspiration. I read The Rise and Fall of the Third Reich at age 14, and my aspirations were set. This singular journalist combined his on-the-ground reporting of the worst gangster regime in history with the millions of secret documents that came to light after the war and produced what I believe to be one of the most important and exhaustively researched books of the 20th century.” —Terry Gould, award-winning investigative journalist, best-selling author and recipient of the 2009 CJFE Tara Singh Hayer Press Freedom Award

cjfe.org

23


Free Expression Index

Computers at NGOs and embassies attacked by the GhostNet cyberespionage network uncovered by The Citizen Lab

1,295

28,000

Approximate number of police officers sent to arrest Peruvian journalist Alejandro Carrascal Carrasco

Years Burmese opposition leader Aung San Suu Kyi had been under house arrest when she was released on Nov. 13, 2010

Evening Program

Free Expression Index

Weeks Cameroonian journalist Bibi Ngota spent in prison before dying of unconfirmed causes

Evening Sponsor Opening Remarks MCs: Anne-Marie Mediwake and Victor Malarek

Reception Sponsor

Platinum Sponsor

13

Presentation of the Vox Libera Award The Citizen Lab By Madeline Ziniak Tribute to Shokoor Feroz By Denise Donlon

Gold Sponsors

101

Moment of Silence: CJFE Remembers

Friends of Roy Bennett

Dinner Silent Auction Closes

Bronze Sponsors

6

Al Jazeera English Barrick Gold Blake, Cassels & Graydon LLP Canadian Bankers Association Canadian Media Guild Canadian Newspaper Association

31

32

CJFE 2010

The Canadian Press CBC Radio CEMA CHIN Radio International CNW Group Edelman Integrated Asset Management

Law Society of Upper Canada Margaret Atwood Massey College in the University of Toronto Power Corporation of Canada Rwanda Press Freedom Ryerson University

ShawCor Shira Herzog – The Kahanoff Foundation St. Joseph Communications Toronto Star Interns Veritas Communications

Thank Yous Carol Off

Approximate percentage of the contents of Richard Colvin’s memos on Afghan detainees that have been blacked out by the government, despite the fact that the memos are in the public record before the Military Police Complaints Commission:

Closing Remarks MCs: Anne-Marie Mediwake and Victor Malarek Cash Bar in Foyer

cjfe.org

25

26

CJFE 2010

34

Journalists killed in 2009

1

Presentation of the International Press Freedom Award Luis Horacio Nájera & Emilio Gutiérrez Soto, Mexico By Frank Switzer Presentation of the International Press Freedom Award Serge Sabouang, Robert Mintya & Bibi Ngota, Cameroon By Patrick Gossage and Lori Abittan

Table Sponsors

Number of weeks Afghan journalist and fixer Shokoor Feroz was held in an Afghan prison after trying to get help for his Canadian colleague Mellissa Fung

cjfe.org

Tribute to Richard Colvin By Annie Game 101 Wingold Ave., Toronto, ON M6B 1P8 • Tel: 416-785-4300 • Fax: 416-781-7698 • Web: www.multimedianova.com

Age of Canadian journalist Michelle Lang when she was killed in Afghanistan on Dec. 30, 2009

6

Message from CJFE Arnold Amber

Drug-related homicides in Mexico from the time President Felipe Calderón took office in December 2006 to July 2010

Number of journalists killed in Mexico in the first 10 months of 2010

25

Gala Sponsors

Number of civil servants out of 21 asked to testify before the Special Commission on the Canadian mission in Afghanistan who did

70


Free Expression Index

Computers at NGOs and embassies attacked by the GhostNet cyberespionage network uncovered by The Citizen Lab

1,295

28,000

Approximate number of police officers sent to arrest Peruvian journalist Alejandro Carrascal Carrasco

Years Burmese opposition leader Aung San Suu Kyi had been under house arrest when she was released on Nov. 13, 2010

Evening Program

Free Expression Index

Weeks Cameroonian journalist Bibi Ngota spent in prison before dying of unconfirmed causes

Evening Sponsor Opening Remarks MCs: Anne-Marie Mediwake and Victor Malarek

Reception Sponsor

Platinum Sponsor

13

Presentation of the Vox Libera Award The Citizen Lab By Madeline Ziniak Tribute to Shokoor Feroz By Denise Donlon

Gold Sponsors

101

Moment of Silence: CJFE Remembers

Friends of Roy Bennett

Dinner Silent Auction Closes

Bronze Sponsors

6

Al Jazeera English Barrick Gold Blake, Cassels & Graydon LLP Canadian Bankers Association Canadian Media Guild Canadian Newspaper Association

31

32

CJFE 2010

The Canadian Press CBC Radio CEMA CHIN Radio International CNW Group Edelman Integrated Asset Management

Law Society of Upper Canada Margaret Atwood Massey College in the University of Toronto Power Corporation of Canada Rwanda Press Freedom Ryerson University

ShawCor Shira Herzog – The Kahanoff Foundation St. Joseph Communications Toronto Star Interns Veritas Communications

Thank Yous Carol Off

Approximate percentage of the contents of Richard Colvin’s memos on Afghan detainees that have been blacked out by the government, despite the fact that the memos are in the public record before the Military Police Complaints Commission:

Closing Remarks MCs: Anne-Marie Mediwake and Victor Malarek Cash Bar in Foyer

cjfe.org

25

26

CJFE 2010

34

Journalists killed in 2009

1

Presentation of the International Press Freedom Award Luis Horacio Nájera & Emilio Gutiérrez Soto, Mexico By Frank Switzer Presentation of the International Press Freedom Award Serge Sabouang, Robert Mintya & Bibi Ngota, Cameroon By Patrick Gossage and Lori Abittan

Table Sponsors

Number of weeks Afghan journalist and fixer Shokoor Feroz was held in an Afghan prison after trying to get help for his Canadian colleague Mellissa Fung

cjfe.org

Tribute to Richard Colvin By Annie Game 101 Wingold Ave., Toronto, ON M6B 1P8 • Tel: 416-785-4300 • Fax: 416-781-7698 • Web: www.multimedianova.com

Age of Canadian journalist Michelle Lang when she was killed in Afghanistan on Dec. 30, 2009

6

Message from CJFE Arnold Amber

Drug-related homicides in Mexico from the time President Felipe Calderón took office in December 2006 to July 2010

Number of journalists killed in Mexico in the first 10 months of 2010

25

Gala Sponsors

Number of civil servants out of 21 asked to testify before the Special Commission on the Canadian mission in Afghanistan who did

70


Free Expression Index

Computers at NGOs and embassies attacked by the GhostNet cyberespionage network uncovered by The Citizen Lab

1,295

28,000

Approximate number of police officers sent to arrest Peruvian journalist Alejandro Carrascal Carrasco

Years Burmese opposition leader Aung San Suu Kyi had been under house arrest when she was released on Nov. 13, 2010

Evening Program

Free Expression Index

Weeks Cameroonian journalist Bibi Ngota spent in prison before dying of unconfirmed causes

Evening Sponsor Opening Remarks MCs: Anne-Marie Mediwake and Victor Malarek

Reception Sponsor

Platinum Sponsor

13

Presentation of the Vox Libera Award The Citizen Lab By Madeline Ziniak Tribute to Shokoor Feroz By Denise Donlon

Gold Sponsors

101

Moment of Silence: CJFE Remembers

Friends of Roy Bennett

Dinner Silent Auction Closes

Bronze Sponsors

6

Al Jazeera English Barrick Gold Blake, Cassels & Graydon LLP Canadian Bankers Association Canadian Media Guild Canadian Newspaper Association

31

32

CJFE 2010

The Canadian Press CBC Radio CEMA CHIN Radio International CNW Group Edelman Integrated Asset Management

Law Society of Upper Canada Margaret Atwood Massey College in the University of Toronto Power Corporation of Canada Rwanda Press Freedom Ryerson University

ShawCor Shira Herzog – The Kahanoff Foundation St. Joseph Communications Toronto Star Interns Veritas Communications

Thank Yous Carol Off

Approximate percentage of the contents of Richard Colvin’s memos on Afghan detainees that have been blacked out by the government, despite the fact that the memos are in the public record before the Military Police Complaints Commission:

Closing Remarks MCs: Anne-Marie Mediwake and Victor Malarek Cash Bar in Foyer

cjfe.org

25

26

CJFE 2010

34

Journalists killed in 2009

1

Presentation of the International Press Freedom Award Luis Horacio Nájera & Emilio Gutiérrez Soto, Mexico By Frank Switzer Presentation of the International Press Freedom Award Serge Sabouang, Robert Mintya & Bibi Ngota, Cameroon By Patrick Gossage and Lori Abittan

Table Sponsors

Number of weeks Afghan journalist and fixer Shokoor Feroz was held in an Afghan prison after trying to get help for his Canadian colleague Mellissa Fung

cjfe.org

Tribute to Richard Colvin By Annie Game 101 Wingold Ave., Toronto, ON M6B 1P8 • Tel: 416-785-4300 • Fax: 416-781-7698 • Web: www.multimedianova.com

Age of Canadian journalist Michelle Lang when she was killed in Afghanistan on Dec. 30, 2009

6

Message from CJFE Arnold Amber

Drug-related homicides in Mexico from the time President Felipe Calderón took office in December 2006 to July 2010

Number of journalists killed in Mexico in the first 10 months of 2010

25

Gala Sponsors

Number of civil servants out of 21 asked to testify before the Special Commission on the Canadian mission in Afghanistan who did

70


Journalists in Jeopardy 2010 The numbers on the map indicate how many journalists have been killed in 2010 while doing their jobs. At press time (Nov. 18) the total was 76. The profiles are of journalists who have risked their safety to report the truth as they see it. Two have lost their lives. CJFE monitors and reports on violations of free expression worldwide, through the IFEX network.

TARA SINGH HAYER * was the publisher of Indo-Canadian Times. He survived a 1998 assassination attempt, but was killed in 1998 at his home in Surrey, B.C. His killer has not been brought to justice.

Mexico

Honduras Guatemala

EMILIO GUTIÉRREZ SOTO* worked in Ciudad Juárez in Mexico, one of the most dangerous countries for journalists. He left the country in 2008 and is seeking asylum in Texas. Gutiérrez continues to fight for the rights of his colleagues.

ALEJANDRO CARRASCAL CARRASCO, editor of the Peruvian weekly Nor Oriente, was sentenced to a year in prison for defamation in January 2010. Free speech groups believe authorities were retaliating against his reports on contentious investigations related to indigenous protests.

Visit cjfe.org and ifex.org for updates on free expression around the world.

* International Press Freedom Award Winners

LUIS HORACIO NÁJERA* worked in Ciudad Juárez and other hotspot areas along the Mexican-U.S. border. Frequently threatened by drug traffickers, police and army members, he fled to Canada with his family in 2008.

* Killed

Nigeria Colombia

Cameroon

Brazil

SAMUEL OSSEH SARR is the editor of Foroyaa Newspaper in the Gambia. He was arrested in 2009 for sedition and criminal defamation and sentenced to two years in jail. He received a presidential pardon after public pressure forced the government to reverse the conviction.


BRANKICA STANKOVIC, an investigative journalist for Insider, a Serbian documentary program, has won prestigious awards for her work. She has been subjected to harassment and numerous threats of rape and murder. Stankovic has been under police protection for two years.

Russia

Latvia

HARUN NAJAFIZADA is known for his passionate defence of human rights and freedom of speech in Afghanistan. He has spoken internationally about the challenges that Afghan journalists regularly face in a country where freedom of speech is still considered by many to be a primarily western phenomenon.

Bulgaria Turkey Greece

Lebanon Israel

Iran

Afghanistan Pakistan

Nepal India Thailand

Yemen Somalia

Democratic Republic of Congo Angola

Uganda Rwanda

Philippines

BIBI NGOTA** was the editor of the Cameroun Express. In March 2010, he was sent to Kondengui prison with his colleagues Serge Sabouang and Robert Mintya on forgery charges. Ngota died in April after repeatedly being denied medical treatment.

Indonesia

SERGE SABOUANG* is publisher of the bimonthly newspaper La Nation in Cameroon. He is currently in prison, accused of forging a politician’s signature. Press freedom organizations consider Cameroon one of the worst jailers of journalists; threats and judicial action are often used to censor critical coverage of national affairs.

ROBERT MINTYA* is the publisher of Le Devoir newspaper in Cameroon. Charged with forgery along with Serge Sabouang and Bibi Ngota in March 2010, Mintya is still in Kondengui prison. If convicted, he may serve up to 15 years in prison.


Free Expression Index

Computers at NGOs and embassies attacked by the GhostNet cyberespionage network uncovered by The Citizen Lab

1,295

28,000

Approximate number of police officers sent to arrest Peruvian journalist Alejandro Carrascal Carrasco

Years Burmese opposition leader Aung San Suu Kyi had been under house arrest when she was released on Nov. 13, 2010

Evening Program

Free Expression Index

Weeks Cameroonian journalist Bibi Ngota spent in prison before dying of unconfirmed causes

Evening Sponsor Opening Remarks MCs: Anne-Marie Mediwake and Victor Malarek

Reception Sponsor

Platinum Sponsor

13

Presentation of the Vox Libera Award The Citizen Lab By Madeline Ziniak Tribute to Shokoor Feroz By Denise Donlon

Gold Sponsors

101

Moment of Silence: CJFE Remembers

Friends of Roy Bennett

Dinner Silent Auction Closes

Bronze Sponsors

6

Al Jazeera English Barrick Gold Blake, Cassels & Graydon LLP Canadian Bankers Association Canadian Media Guild Canadian Newspaper Association

31

32

CJFE 2010

The Canadian Press CBC Radio CEMA CHIN Radio International CNW Group Edelman Integrated Asset Management

Law Society of Upper Canada Margaret Atwood Massey College in the University of Toronto Power Corporation of Canada Rwanda Press Freedom Ryerson University

ShawCor Shira Herzog – The Kahanoff Foundation St. Joseph Communications Toronto Star Interns Veritas Communications

Thank Yous Carol Off

Approximate percentage of the contents of Richard Colvin’s memos on Afghan detainees that have been blacked out by the government, despite the fact that the memos are in the public record before the Military Police Complaints Commission:

Closing Remarks MCs: Anne-Marie Mediwake and Victor Malarek Cash Bar in Foyer

cjfe.org

25

26

CJFE 2010

34

Journalists killed in 2009

1

Presentation of the International Press Freedom Award Luis Horacio Nájera & Emilio Gutiérrez Soto, Mexico By Frank Switzer Presentation of the International Press Freedom Award Serge Sabouang, Robert Mintya & Bibi Ngota, Cameroon By Patrick Gossage and Lori Abittan

Table Sponsors

Number of weeks Afghan journalist and fixer Shokoor Feroz was held in an Afghan prison after trying to get help for his Canadian colleague Mellissa Fung

cjfe.org

Tribute to Richard Colvin By Annie Game 101 Wingold Ave., Toronto, ON M6B 1P8 • Tel: 416-785-4300 • Fax: 416-781-7698 • Web: www.multimedianova.com

Age of Canadian journalist Michelle Lang when she was killed in Afghanistan on Dec. 30, 2009

6

Message from CJFE Arnold Amber

Drug-related homicides in Mexico from the time President Felipe Calderón took office in December 2006 to July 2010

Number of journalists killed in Mexico in the first 10 months of 2010

25

Gala Sponsors

Number of civil servants out of 21 asked to testify before the Special Commission on the Canadian mission in Afghanistan who did

70


Friends of Roy Bennett remember

AD BIBI NGOTA winner of this year’s International Press Freedom Award and other brave journalists who have died in the fight for press freedom


Profiles in Courage In addition to this year’s award winners, many other journalists are fighting for press freedom around the world. We’d like to share a few of their exceptional stories.

Brankica Stankovic SERBIA

show Insider, the most-watched documentary program in Serbia. The report revealed more than 100 criminal charges filed by police in recent years against members of extremist soccer fan groups, named the alleged perpetrators and their supporters, and showed their images. Viewers saw footage of hooligans rioting, vandalizing and looting—and beating up people who got in their way. Insider alleged the extremists were involved in racketeering and even killed people under the pretext of patriotism or love of the sport. The Insider team, led by award-winning journalist “ou are poisonous like a snake. You will end up like Curuvija,” Stankovic, received much of its information for soccer fans chant in Serbian at a game in the program in accordance with the Law on Free Belgrade. Slavko Curuvija was a Serbian newspaper Access to Information of Public Importance. Insider publisher who was fatally shot in 1999; his killer concluded that the charges against the hooligans has not been found. At this December 2009 game, largely failed to result in adequate legal verdicts. the far-right supporters of the Partizan fan club Following the airing of the exposé, Stankovic are directing their threat at another investigative faced additional threats of rape and murder, many journalist, Brankica Stankovic, who angered them made via social networking websites and written with a report exposing the criminal activities of on buildings, including the homes of journalists. extremist soccer fan clubs. While the hooligans “The question for Brankica is, would you die for repeat the death threat, they bat around a blow-up your ideas?” read one threat on Facebook, among doll in a black bikini that resembles the 35-year-old the few appropriate for repetition here. Stankovic. After several hits, the blow-up doll is In response to the threats, Serbian president stripped of her bikini and deflated over a banner Boris Tadic said the state would not tolerate violence of St. Tzar Lazarus, a Serbian martyr. The soccer from hooligans and criminals, and insisted it had fans cheer. taken all necessary steps to protect journalists, The report that instigated the uproar, (Lack of) which included putting Stankovic under police proPower of the State, ran on station B92’s investigative tection. In an interview with B92 in July, Stankovic

“Y

34

CJFE 2010

photo: Slobodan Polic and Mirjana Zivanovic, SEEMO Photo and Video Team

By Raina Delisle


› stressed that being under police protection made it impossible for her to do her job and, as a result, new episodes of Insider were not being produced. Stankovic said she has repeatedly asked for security to be lifted because she doesn’t believe her safety is in jeopardy. Still, she remains under police protection today. “I understand the decision of the state and its obligation to protect all vulnerable citizens, including journalists, but the state also has an obligation to solve the problem,” she said. “Does that mean I should live for years with security as a journalist or shall the state confront those who threaten or who are potentially dangerous to anyone, including me?”

Court of Appeal overruled the decision of the Court of First Instance and sentenced the leader of the Partizan fan club to 16 months in prison and returned the case to the Court of First Instance for further proceedings against the other accused. Stankovic is not the first B92 journalist to be placed under police protection. In recent years, B92 employees have been targeted as they fight for freedom of expression, democracy and lawfulness. The journalists have faced pressure when covering stories such as the riots in Belgrade after the unilateral declaration of Kosovo independence; the protests over the arrest of war-crimes suspect Radovan Karadzic (when a B92 cameraman was seriously injured); the cancellation of a gay pride march due to the threat of violence; and the rash of attacks on foreigners and the beating murder of French citizen Brice Taton. Soccer hooligans have been implicated in many stories. Due to fears for the safety of B92 journalists covering these charged issues, they—and the building in which they work—have been under police protection. It’s clear Stankovic and her colleagues make great personal sacrifices for what they believe in. Stankovic has been credited with improving the standards of Serbian journalism and tackling significant issues that have been covered up for years. Some B92 investigative reports have even prompted authorities to launch investigations, press charges and issue warrants against members of the Insider team. Despite opposition and resistance from many—including other Serbian journalists and politicians—Stankovic said she will continue to seek the truth and push boundaries with Insider. In doing so, she will lead the way to ensuring greater freedom of speech and democracy for her country.

Despite opposition and threats against her life, Stankovic says she will continue to seek the truth and push boundaries. Six people were charged with threatening Stankovic, but in April the Serbian Court of First Instance rejected the charges, saying the matter involved a personal insult, rather than a death threat. “The court verdict is a negative example of the Serbian court system and can now only be a motivation for those who want to continue attacking journalists in Serbia, since clearly journalists are not protected enough,” said Oliver Vujovic, secretary-general of South East Europe Media Organisation (SEEMO). “Verbal threats are dangerous, especially if they come from organized groups such as the extremist football fans, and should not be underestimated …. The release of the people allegedly involved spreads fear amongst journalists who work on investigative stories. SEEMO is very alarmed that the court has taken a step that endangers independent reporting, investigative journalism and press freedom in Serbia.” Despite the court verdict, Stankovic continued to receive police protection as if her life were in danger. However, in a promising move, the Higher

Raina Delisle is a freelance journalist based in Vancouver.

cjfe.org

35


Profile in Courage

Alejandro Carrascal Carrasco PERU

By Roxana Olivera

A

lejandro Carrascal Carrasco knew there was a cover-up

going on. He also knew that if he exposed it, he would be treading in sensitive political territory. He had good reason to feel that way—as soon as he got the incendiary story out, he was put behind bars. On Jan. 11, 2010, a heavy contingent of police officers arrested Carrascal Carrasco, editor of Peruvian weekly Nor Oriente, outside his home in Bagua Grande, Peru. As many as 25 officers dragged him to the police station to take his statement, then to court and subsequently to a detention centre, where they held him overnight to await sentencing

36

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on defamation charges. The following day, he was sentenced to one year in prison and fined 5,000 soles (approximately $1,750 US). His crime? The case presented against him in court was ostensibly based on a series of articles he had written about five years earlier alleging corruption at a public institute, a case already abandoned by the claimant. From out of the blue, the Ministry of Justice had reactivated the longforgotten file. But there is another side to the Carrascal Carrasco episode. “To understand it fully, one needs to think about the context and the timing of events surrounding this case,” says Liisa North, professor emerita of political science at York University in Toronto, and one of the people who nominated Carrascal Carrasco for CJFE’s International Press Freedom Award. “Then, the key question one has to ask is: What is the intent of his incarceration?” Carrascal Carrasco had been reporting on contentious government investigations related to indigenous protests that took place in the Bagua region of the Peruvian Amazon last year. On June 5,


› 2009, Amazonian indigenous groups organized a violence” during the protests. A Peruvian judge series of protests— blocking roads, waterways and then issued an arrest warrant for Alberto Pizango, pipelines—in reaction to controversial legislative the leader of Peru’s Amazon Indians, on charges decrees issued by President Alan García. The de- of “sedition, conspiracy and rebellion.” He, along crees were designed to enable foreign multinational with other indigenous leaders, fled to Nicaragua, corporations to pursue oil, gas, lumber and mining where he was granted political asylum. Authorities projects on ancestral communal homelands without also apprehended Asterio Pujupat, another member obtaining the consent of native residents. President of the indigenous community, accusing him of García issued the decrees under special powers involvement in the murder of a police officer during granted by the legislature in order to facilitate free the same protests. trade agreement negotiations with the U.S. (He On Jan. 10, 2010, just one day prior to his arrest, has since reportedly parcelled out 72 per cent of Carrascal Carrasco released a detailed, two-page the Peruvian Amazon to private interests.) news report—based on forensic test results—sugWhen Peruvian police and armed forces gesting that the photograph the authorities used as were sent in to thwart the protests and break evidence in the murder charge against Pujupat had up a roadblock along a stretch of highway near been doctored. It seems clear that the authorities’ the town of Bagua, all hell broke loose. Officially, damage-control efforts were behind Carrascal 24 policemen and 10 protesters were reported Carrasco’s arrest as well. dead. But human rights lawyers and eyewitnesses Journalism associations in Peru and abroad contended there was a discrepancy in the figures, called for Carrascal Carrasco’s immediate release, estimating that between 60 and 200 indigenous denouncing the court ruling against him as a lives had been extinguished in the deadly encounter. “vendetta” and an “assault on freedom of speech.” Worse, Survival International, the London-based Only days after the first anniversary of the pressure group that works to help indigenous Bagua crisis, I met Juan José Quispe, Carrascal peoples, charged that Peruvian security forces had Carrasco’s lawyer, in Lima. He told me that his burned and buried corpses in an effort to conceal client had asked whether he could have my photothe scale of the massacre. On its website, Survival graph. “He wants to see who is behind his liberation posted a dossier of photographs that two Belgian campaign,” he said rather timidly. aid workers took and subsequently showed to Fortunately, on the evening of June 18, Carrascal MPs at Britain’s House of Commons. Not only Carrasco was quietly released from prison, appardid Carrascal Carrasco echo these reports in his ently as a result of a statute of limitations. writings, but he diligently set out to reveal the dirty A couple of weeks later, Carrascal Carrasco and secrets behind the killings. I met for the first time. “We are family now,” he In the face of severe criticism at home and told me as he hugged me, tears flooding from his abroad, President García sought to contain the eyes. “And so are the New Internationalist and the crisis with rhetorical speeches, blaming the indigen- CJFE for picking up the story … We can no longer ous community for the killings while exonerating let the disappeared Amazonian indigenous people government security forces from any wrongdoing. remain mere rumours.” The indigenous people, according to him, had Roxana Olivera is a freelance journalist become violent. In the days following the massacre, the govern- and a CJFE contributing editor. She lives in ment shut down the region’s radio station, La Voz Toronto. A separate version of this article de Bagua, accusing it of “supporting and inciting was published by New Internationalist.

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Profile in Courage

Harun Najafizada AFGHANISTAN By Cara Smusiak

It started with a simple download. Sayed Parvez Kambakhsh, an Afghan journalist and student, downloaded a 12-page document from the Internet that was said to be critical of Islam and the Qur’an, and he gave copies to friends. With that simple action, Kambakhsh unleashed a series of events that would lead to a blasphemy conviction and a death sentence. But Kambakhsh had at least a little bit of luck on his side: BBC Persia reporter Harun Najafizada helped launch the story into the international spotlight. At just 29, Najafizada has gained a reputation as a respected journalist with a passion for human rights and freedom of speech—not really surprising considering his career began while his family was in exile. When the Taliban took control of the northern Afghanistan city Mazar in 1998, Najafizada’s father, a politician, was captured and held for 24 hours. But the family feared he would be captured again, so they fled to Pakistan and then to Iran. In Iran, Najafizada began his career as a journalist, working for refugee newspapers. In 2002, Najafizada returned to Afghanistan and became an editor for Radio Dari, Iran’s government radio station in Afghanistan. The following year, he signed on with the BBC to serve as its reporter in northern Afghanistan, and in 2008 he joined BBC Persia TV as a reporter/producer. Najafizada was just recently promoted to correspondent in Afghanistan and Pakistan, so his work will now take him through both countries. Najafizada is also working to improve press freedom and the quality of reporting in Afghanistan. He participates in seminars and talks about the “universal value of freedom of speech.” He lectures to students, and he has written a book about modern journalism that is used in universities

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throughout the country. “I hope a new generation of students who use the book before they graduate rise as the defenders of freedom of speech and pursue the course,” he says. His impressive body of work is also an example for young reporters. He was the first to report on the controversial Shia Family Law, which was approved by President Karzai in 2009 and allows husbands to withhold food and money if their wives deny them sex. His influential reports on other human rights abuses, smuggling and drug trafficking have also helped shape the political landscape in northern Afghanistan. Najafizada’s stories deal with serious and complex issues, but they are ultimately about his fellow Afghans. “I enjoy telling the stories of the people in Afghanistan,” he says. “There are many interesting stories in the country. I recently filed a story on the life of a gang-rape victim who luckily found the rare chance to get married. ... Where can you find a story like this from?” Given this interest in the people of his country and human rights issues, it was no surprise that Najafizada zeroed in on Kambakhsh’s case. This case was particularly shocking because Kambakhsh’s lawyers were not present for the


› closed-door trial, the ruling was unconstitutional, and the death penalty was handed down largely because of a lack of understanding. “Deeply conservative Afghan clerics, most of whom have never used a computer or the Internet, believe Kambakhsh himself wrote the article and therefore found him guilty of blasphemy,” Najafizada wrote in an article published on human rights websites. Najafizada wrote several articles about the case and the ruling and produced reports for the BBC, all of which fostered international attention that eventually led to the sentence being commuted to 20 years in prison. Kambakhsh was later pardoned, and he fled the country. The case was especially compelling because it showed the power of clerics in every aspect of Afghan law and policy. “You have a red line here and this is defined by the clerics,” Najafizada says. “Even the government has to remain in the red line frame. Northern Afghanistan is rather freer than the south, but when it comes to issues like Sayed Parvez [Kambakhsh] and Islamic issues, nothing is different. All are biased against it.” The clerics aren’t the only obstacle to improving journalism and freedom of speech in his country. Reporting on the Taliban can be dangerous, corruption can be “a big headache” for reporters to address, and warlords are setting up shop in the TV, radio and newspaper business to clean up their image, Najafizada says. As if these issues weren’t enough, the profession itself is beset by a general lack of professional training opportunities for journalists, and Najafizada says low wages for reporters is a factor in the lack of media coverage that is critical of the government. Local reporters also face difficulties that international media don’t have to contend with, such as the custom-based Shariah law, which blends principles of the Qur’an, the Hadith (stories about the prophet Muhammad) and fatwas, which are rulings from Islamic scholars. “The local media cannot at all report critically on Shariah law,” Najafizada says. “They can be punished, imprisoned, kidnapped and

Afghan journalist Harun Najafizada has a passion for human rights and freedom of speech.

killed. We have several examples. On the other hand, if [reporters] put the women’s rights and human rights into an Islamic context, [they] will have no problem. But because the pro-Islamic groups have the upper hand [over] the seculars in the traditional society, facing them means you are risking your life.” Indeed, choices about what to report can be lifeor-death decisions for journalists in Afghanistan. Two Afghan reporters were killed in 2009, including CTV fixer Javed “Jojo” Yazamy, and three reporters in 2007, according to CJFE’s records. Perhaps the most horrific story of 2007 was of Zakia Zaki, the owner of Peace Radio in Parwan province, who was shot several times as she lay sleeping beside her baby. This sort of targeted murder continues today. “[In September], a friend of mine, Sayed Hamed, was stabbed and killed in front of his flat in Kabul city,” Najafizada says. “His [flat] was located in the ‘safest’ place in the town, in Microryan, but he was cruelly killed. This shows that every journalist can lose their life for writing a few lines.” Cara Smusiak is a freelance writer and copy editor based in Barrie, Ont. Her writing has been published in Style at Home, Holmes Magazine and The Queen’s Alumni Review, and on LATimes.com.

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Profile in Courage

Samuel Osseh Sarr

THE GAMBIA

By Kisha Ferguson

T

he Gambia Press Union (GPU) called Aug. 6, 2009, “one of the

darkest days in the history of the Gambian judiciary.” That Thursday, six journalists were charged with crimes including conspiracy to publish seditious publication, conspiracy to commit criminal defamation, and criminal defamation. All six were sentenced to two years in jail and each fined $10,000 US. If the journalists were unable to pay the fine, they would face an additional two years in jail. The journalists sentenced were Samuel Osseh Sarr, editor of the Foroyaa Newspaper; Pap Saine, publisher of The Point; Ebrima (Ebou) Sawaneh, editor of The Point; Sarata Jabbi-Dibba, GPU’s vice-president; Emil Touray, GPU’s secretary-general; and Pa Modou Faal, GPU’s treasurer. (Abubakar Saidykhan, a Foroyaa reporter, was arrested for taking photographs of Sarr’s arrest; he was also charged with sedition and defamation but later acquitted.) In his verdict, Judge Emmanuel Fagbenle stated, “the journalists conspired among themselves to defame the name of the president and the Gambia as a country.” On June 11, 2009, Sarr received a “request for publication” via email from Nday Tapha Sosseh, GPU’s president. It was a reaction to an interview President Yahya Jammeh gave to the Gambia Radio and Television Services (GTRS). In the interview, Jammeh spoke at length about Ghanaians who were allegedly killed in the Gambia, as well as the killing of journalist Deyda Hydara. In the press release, titled “GPU Reacts to the President’s interview,” the union expressed its “shock and disappointment”

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over Jammeh’s accusation that Hydara’s 2004 murder was the result of a lover’s quarrel. Foroyaa recorded the interview with the president and published a summary, as well as a summary statement about Hydara. To be fair, Sarr also published the GPU press release (as did his colleagues at The Point). Sarr chose to represent himself at trial. Describing freedom of expression and freedom of the press as “the cornerstone of all human rights,” his goal in court was to defend those rights, rather than fighting for his own liberty. Sarr testified that he felt it was necessary to publish the GPU’s press release after he himself found factual inaccuracies in what the president said during the interview. He testified that the role and responsibility of the media in a democratic society is to scrutinize the executive. Saine and Sarr stated they had not intended to defame Jammeh. The article never stated that Jammeh and the government of the Gambia had a hand in Hydara’s killing. Despite the fact that the statement was neither derogatory nor contentious, and that the prosecution failed to prove Sarr or anyone else was involved in a conspiracy, the six journalists were convicted. They spent a month in prison before Jammeh pardoned them. According to free speech groups, his grounds for issuing the pardon was to mark Ramadan. Kisha Ferguson is a senior writer and producer at CBC News Network.


Q+A with Samuel Osseh Sarr

Can you please describe your experience in prison? I went to prison with a clear conscience knowing that I did nothing wrong. I had closely observed the muted but deep concern of the public and the international interest shown during our trial and the defiant crowd waved as we were driven from the high court to the prison late that afternoon. I was convinced that our trial had an impact and that our imprisonment would have even a greater impact. Soon after we were locked in our cells, our imprisonment was in the news on the state-owned television station. The cell in which I was kept contained 30 to 36 prisoners. Some inmates came to me to express solidarity and to show that there is no free speech in the country. I was pleased that they understood what we stood for. Hence, right from the start my mind was at ease. ‌ We were treated with respect by both prison wardens and inmates because they understood what we stood for. Since we were sentenced to hard labour, prison wardens were required to give us work every Monday to Friday. ‌ I gave my colleagues courage, emphasizing that the world was

including ministers, is afraid to speak. ‌ Some [family members] even get angry with us when we publish the arHave you been arrested before rest of their loved ones. They have the in relation to your work? wrong notion that that will prolong My colleagues and I were of the opin- their detention when in actual fact ion that unless Gambians were aware it makes their disappearance more of their rights and responsibilities, difficult. progress will be an illusion. We used Regarding dissemination, some to publish materials and circulate members of the public, particularly them. In 1981 there was a foiled civil servants, are afraid of buying and coup and a state of emergency was reading our newspaper openly. Some declared, which was extended on sev- companies and state institutions eral occasions until 1985. In 1983, we sometimes refuse or hesitate to give were arrested and detained without advertisements to Foroyaa because trial under a state of emergency for of fear. But this trend is slowing down seven months before being charged as Foroyaa asserts itself all the more. in court for publishing seditious material. We were six in number What drives you to keep working including my wife, who at the time as a journalist in the Gambia? of her arrest was breastfeeding her I am still in pursuit of my goal of 10-month-old baby. After our second not only informing the people, but appearance, the case was withdrawn enlightening them. Once they are and we were all released uncondition- enlightened on their civic rights ally. In 1987, we established Foroyaa and duties, their minds will become to regularly inform and enlighten the free and independent. Moreover, the public on constitutional, political and lack of free expression necessitates that I continue my work as a journaleconomic matters. ist. Our children and grandchildren How does working in a climate should not go through what we have of fear impact your work? gone through. They need a Gambia It is very difficult to source informa- where democracy and good governtion in the Gambia because everybody, ance thrive. with us and that the truth shall one day prevail.

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Free Expression in Canada

Allegations of Police Misconduct and the Treatment of Journalists During the G20

S

By Mary Deanne Shears

ome were hit with rubber bullets, some beaten by police.

Their cameras were seized, sometimes broken. Film was destroyed. Some were arrested and charged. Several were held in cages for up to 20 hours, denied food, water and access to legal help. Others were “kettled”—hemmed in by police for up to four hours in pouring rain. One was asked if he was born in Canada. Another had her power wheelchair taken. All had one thing in common: They were journalists, simply doing what journalists do— reporting, recording and taking pictures of a news event, the G20 summit in downtown Toronto, on the weekend of June 26, 2010. As Canadian Journalists for Free Expression (CJFE) President Arnold Amber said in a June 28

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news release: “When a major disturbance occurs in Canada’s largest city, the role of the journalist is to inform the public.” Most reporters say they were targeted because they were journalists—harassed by police, their credibility questioned. Many felt they were no longer in Canada, that democracy and freedom of speech had vanished, that journalism had become a risky business. Lisan Jutras, blogging for The Globe and Mail, told a police officer she was with CTV Globemedia, and “immediately my wrists were grabbed and I was forced into handcuffs. I said my press ID was in my bag but nobody was interested in seeing it. Nobody said anything, except my police escort, who said, ‘You have been charged with

photo: Vincenzo D’Alto


› conspiracy to commit portable toilet with no door and no toilet paper. public mischief.’” Bethany Horne, a freelancer with Alternative Immediately fol- Media Centre (AMC) credentials, was kettled. “I lowing the summit, was wearing my accreditation pass at all times … CJFE asked journalists and it felt like a liability,” she says. who had covered the Horne adds that the psychological conditions events to tell us about were unlike anything she’d experienced before. their experiences in an “The police made me feel like reporting was a risky online survey. Thirty business. They made me feel like there might be responded: Seven something wrong with carrying a camera, or with w e r e f r o m m a i n - being in the presence of a peaceful protest.” stream media, two Wyndham Bettencourt-McCarthy, on assignwere student journal- ment for Torontoist, was struck by police. “While ists, nine worked for running through the crowd of protestors being smaller publications pursued by police, I was struck from behind by or alternative media, 11 an … officer ….” identified themselves as Bettencourt-McCarthy also states: “I did not freelance/independent interact with police at all prior to the hit.” Like or volunteers, and one others arrested, she was not able to see the officer’s was not a journalist. All badge. In early November, Toronto Police Chief Bill but two had problems Blair admitted to a House of Commons committee with police simply for investigating the policing of the G20 protests that trying to do their work. up to 90 officers face disciplinary charges because “The press was their identification was not visible. treated like a potential David Parker represented a campus community enemy of the police paper. “They asked me if the AMC was a legitimate and was systematic- press or if it was ‘underground press.’ The officer ally denied access and who harassed me asked if I was born in Canada….” information. In many cases this included violence, Shawney Cohen, an independent filmmaker detention, confiscation of equipment,” says Jesse who has worked for the National Film Board and Freeston of The Real News Network, a subsidiary TVO, told CJFE: “In my years being a documentary of Independent World Television. filmmaker ... I have never witnessed more police in Christopher Pike, a freelancer with the numbers in one contained area of a city including National Post & Xinhua News Agency, told CJFE: [in] countries at war.” “An Edmonton police officer demanded to see my These journalists want to say loudly and clearly press credentials, taking my Parliament Hill pass that they were just doing their job, acting within forcibly off my neck and telling me ‘That doesn’t their rights. mean shit to me,’ and I was then told to get on the “I think that [the] Charter is very clear on the ground. … I was never warned … I was verbally point that all Canadians have the right to a free threatened before and after I was arrested, and press,” Freeston stated, adding that “for a press to never advised of my legal rights, was never given be free, people who are entrusted with authority … a phone call.” need to be open to scrutiny by media.” Pike was kept in a 20x10-foot cell with up to Colin O’Connor, a G20-accredited photog40 people for just under 24 hours. There was a rapher who was arrested and detained for nearly

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photo: Vincenzo D’Alto

anxious because I was tightly zip-tied with my hands behind my back … I had difficulty breathing due to the anxiety and position of my arms and body.” Talbot also reports that the conditions inside the Eastern Avenue detention centre were “grim.” “Someone must be held accountable for the decisions which robbed so many innocent individuals of their rights,” he says, adding, “I am merely a citizen and whether I’m taking photos for a website or marching for a cause I should be able to freely assemble and walk down any street without being arrested and thrown in a cage when I have committed no crime.” Vincenzo d’Alto, an independent photographer, Police arrest G20-accredited photojournalist had his Fédération Professionnelle des Journalistes Colin O’Connor at Queen’s Park. du Québec press pass hanging around his neck, and says he is “not sure why I was the target of a 24 hours while covering protests for the National rubber bullet.” Post, asked, “Why [was] a professional photographer Farzad Fatholahzadeh, a field producer for CTV with clearly visible credentials … arrested? … I News with G20 accreditation clearly visible around was shocked to be sitting in a jail as a professional his neck, recalls, “I was not warned. I was arrested photojournalist working for a national publication.” and detained for nine hours. … I witnessed a lot of He says the conditions were bleak. There was questionable conduct by police and the conditions a cold, open toilet. It took “endless hours” to get the prisoners were held in.” any real response for food and water. Horne wants to see reform of policing tactics Norman Morcos is a photojournalist working in Canada. “Intimidation is an infringement on for the agency Zuma Press. “Without any warning our right to speech and the police were readily we were kettled … [We] were complying with the engaging in this through the weekend.” implied order of moving towards the small exit but Adds Pike, “For the time of the G20 it felt as police kept hitting us with their batons. Toronto if we were no longer in Canada, we stepped into a police were involved. There were no protestors … universe where the Charter of Rights didn’t exist.” at the time. My hand was crushed from a baton All of the journalists who shared their stories with hit. I have three fractures to one bone. [It was an] CJFE remain haunted by the experience, as should unwarranted brutal assault.” all who care about democracy, the right of journalists Michael Talbot is with Citytv/Rogers. “Like to pursue their jobs without fear and, above all, our many I became cornered by riot police. There inherent right to freedom of expression. was no way out. [I] approached a wall of officers, handing [them] my business card and explaining CJFE has filmed interviews with some of the journalists that I was a member of the media. I was pulled affected by the G20 policing. To view the videos, please visit cjfe.org. out and arrested at that time.” Talbot doesn’t recall anyone reading him his Mary Deanne Shears is a CJFE board member and rights, and he wasn’t given the chance to make a phone call or contact anyone. “I was angry and former managing editor of the Toronto Star.


IDRC - Citizen Lab_Layout 1 1/11/10 10:20 AM Page 1

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Ideas. Innovation. Impact.

YEARS

Two reasons to celebrate in 2010

IDRC ■ Canada’s International Development Research Centre marks 40 years of support for ideas and innovation ■ IDRC research partner The Citizen Lab wins the Vox Libera Award

IDRC supports research in developing countries to promote growth and development.

idrc.ca


Update: Tara Singh Hayer

Commission report cites “inexcusable errors” in Air India investigation

T

ara Singh Hayer’s

editorials in IndoCanadian Times agitated a lot of people. The outspoken publisher used his paper to condemn violence in the Sikh separatist community, and for that he received numerous threats: Anonymous phone calls. Not-so-anonymous radio broadcasts. A bomb, wrapped neatly in newspaper, left on office steps. In 1988, a young Sikh walked into the newspaper’s office and shot the outspoken publisher in the spine, putting him in a wheelchair. Still, Hayer continued to criticize the violence of the separatist Khalistan movement. In 1998, he was forever silenced when he was gunned down at his Surrey, B.C., home. His killer has not been brought to justice. At the time of his death, Hayer was planning to testify as the Crown’s best witness in the trial of Ripudaman Singh Malik and Ajaib Singh Bagri. The pair was accused of masterminding the bombing of a Japanese airport and Air India Flight 182, which altogether killed 331 people, mostly Canadians. Hayer’s death made his accusations

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inadmissible. In 2005, both Malik and Bagri were acquitted. An inquiry into the investigation was held, led by former Supreme Court Justice John C. Major. The resulting report, Air India Flight 182: A Canadian Tragedy, published in June 2010, numbered 4,000 pages, 56 of which explore Hayer’s attempted murder and the subsequent investigation. Major concluded that Hayer’s case “demonstrates serious deficiencies in the RCMP’s ability to deal with, and protect, an individual who was in possession of information that was vital to the Air India investigation….” Over a dozen-year period, Hayer had to deal with numerous RCMP units that, without an understanding of the Punjabi language or Sikh culture, often failed to recognize obvious threats. In February 1996, Hayer received a letter, written in Punjabi, which included statements such as “... [s]ometimes I think what a big mistake he did who just made you handicapped. Well that’s okay there is delay but not darkness at God’s house,” and made reference to big “punishment.” An RCMP officer

PHOTO COURTESY OF RUPINDER BAINS

By Dana Lacey


Major’s report details the numerous failures of both CSIS and the RCMP to share important intelligence, and outlines “unacceptable negligence” and procedural mistakes that compromised Hayer’s safety.

dismissed the letter, which he said contained no “overt threats.” In 2007, Hayer’s son, Dave Hayer, Liberal MLA for Surrey-Tynehead, testified that in the Punjabi language, words can carry a different significance depending on who reads them. He said that “...if you know the whole picture, you know the culture, then you can go back and say, yes, they are very definite threats.” In March 1998, Hayer wrote a letter titled “Serious Threats to my life,” which asked the RCMP to investigate threats broadcast on Surrey’s community radio stations and published in Punjabi newspapers, which he said were “escalating and becoming more severe in nature.” He had clippings and tapes. He suggested a Sikh officer “who understands the community and its problems” be assigned to the investigation, as Sikhs “are not very open to discussing in-depth details with non-Indians.” An RCMP officer, unaware of the 1988 murder attempt, directed Hayer to dial 911 if he felt he was in immediate danger. Major’s report also details the numerous failures of both CSIS and the RCMP to share important intelligence, and outlines “unacceptable negligence” (CSIS erased surveillance tapes of suspects) and procedural mistakes (faulty video cameras installed at Hayer’s residence recorded only snow on the night of the murder) that compromised Hayer’s safety and eventually rendered his evidence inadmissible in court. In 1988, Hayer wrote an article that plainly alleged that Bagri had confessed his involvement in the Air India bombing. A week later, Hayer was shot and paralyzed. The article wasn’t part of the

subsequent police investigation, so the connection to Bagri wasn’t established. Hayer gave the article to the RCMP in 1997 and it sat on a shelf, translated but unread, for another five years. In 2002, a judge ruled that by failing to disclose the information in a timely matter, the RCMP and the Crown had violated Bagri’s Charter rights. That meant that Bagri’s alleged confession and his alleged involvement in Hayer’s attempted murder were inadmissible during the trial. It also meant that the connection between the 1988 murder attempt and the Air India bombing was only discovered by police four years after Hayer died. The report calls for the federal government to give Canada’s security czar real power to prevent further communication breakdown between CSIS and the RCMP. Rupinder Bains, Hayer’s daughter, hopes that the details of her father’s death and the threats he received will “lead to some serious changes to our legal system [and] the way CSIS and RCMP view and handle the safety of the witnesses.” John Major notes that fear and intimidation in the Sikh community have only escalated since the Air India acquittals. Despite this, Indo-Canadian Times, now run by Bains, continues Hayer’s journalistic tradition and refuses to stay silent. To read the report of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182, please visit tinyurl.com/2w42x36. Dana Lacey (danalacey.wordpress.com) is a freelance writer in Toronto. She investigates journalism for J-Source.ca.

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CJFE Remembers

JANUARY José Luis Romero, journalist Bobi Tsankov, journalist Valentín Valdés Espinosa, journalist Rupert Hamer, journalist Stanislas Ocloo, journalist Konstantin Popov, journalist Jorge Alberto Ochoa Jiménez, editor

Mexico Bulgaria Mexico Afghanistan Angola Russia Mexico

February Mohammed Shu’i Al-Rabu’i, journalist Ashiq Ali Mangi, journalist

Yemen Pakistan

March Arun Singhaniya, publisher Joseph Hernández Ochoa, radio broadcaster Jorge Rábago Valdez, journalist David Meza Montesinos, radio journalist Evaristo Pacheco Solís, journalist Nahúm Palacios Artiaga, journalist Clodomiro Castilla Ospino, journalist, editor and magazine owner José Bayardo Mairena Ramírez, journalist Manuel Juárez, journalist

Nepal Honduras Mexico Honduras Mexico Honduras Colombia Honduras Honduras

The total number of journalists killed this year, as of Nov. 18, is 76. 48

CJFE 2010


Journalists Killed in 2010

April Metin Alataş, journalist Patient Chebeya Bankome, journalist and camera operator Hiro Muramoto, camera operator Enrique Villicana Palomares, journalist Luis Antonio Chévez Hernández, journalist and radio presenter Malik Arif, camera operator Grigorijs Ņemcovs, publisher Azmat Ali Bangash, journalist Jorge Alberto Orellana, television anchor Ngota Ngota Germain Cyrille, a.k.a. Bibi Ngota, journalist Nathan S. Dabak, editor Sunday Gyang Bwede, journalist

Turkey Democratic Republic of the Congo Thailand Mexico Honduras Pakistan Latvia Pakistan Honduras Cameroon Nigeria Nigeria

May Sheik Nur Mohamed Abkey, journalist Jerry Usanga, camera operator Sardasht Osman, journalist Ghulam Rasool Birhamani, journalist Shamil Aliyev, media director Sayid Ibragimov, media director Fabio Polenghi, photojournalist Ejazul Haq, journalist

Somalia Nigeria Iraqi Kurdistan Pakistan Russia Russia Thailand Pakistan

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CJFE Remembers

June Cevdet Kılıçlar, journalist Luis Arturo Mondragón, TV station owner and news director Desidario Camangyan, radio journalist Joselito Agustin, radio commentator Nestor Bedolido, journalist James P. Hunter, journalist Jean-Léonard Rugambage, editor Faiz Muhammad Sasoli, journalist Juan Francisco Rodríguez Ríos, journalist María Elvira Hernández Galeana, journalist

International waters near Israel Honduras Philippines Philippines Philippines Afghanistan Rwanda Pakistan Mexico Mexico

July Hem Chandra Pandey, journalist Hugo Alfredo Olivera Cartera, editor Marco Aurelio Martínez Tijerina, radio journalist Guillermo Alcaraz Trejo, camera operator Vijay Pratap Singh, journalist Sokratis Giolias, journalist Muhammad Syaifullah, journalist Ardiansyah Matra, journalist

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CJFE 2010

India Mexico Mexico Mexico India Greece Indonesia Indonesia


Journalists Killed in 2010

August Assaf Abu Rahal, journalist Ridwan Salamun, journalist Israel Zelaya Diaz, radio journalist Kamal Qassim Mohamed, editor Barkhad Awale Adan, journalist Abdullahi Omar Gedi, journalist

Lebanon Indonesia Honduras Iraq Somalia Somalia

September Alberto Graves Chakussanga, journalist Aijaz Raisani, camera operator Ryad Al-Saray, journalist Safaa Al-Dine Abdul Hameed, journalist Paul Kiggundu, journalist Misri Khan Orakzai, journalist Dickson Ssentongo, journalist Luis Carlos Santiago Orozco, photographer Mujeebur Rehman Saddiqui, newspaper correspondent VĂ­ctor Hugo JuĂĄrez, journalist

Angola Pakistan Iraq Iraq Uganda Pakistan Uganda Mexico Pakistan Guatemala

October Tahrir Kadhem Jawad, camera operator Rodolfo Maya Aricape, journalist Francisco Gomes de Medeiros, radio journalist

Iraq Colombia Brazil

November Carlos Alberto Guajardo Romero, journalist

Mexico

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Thank You MANY THANKS!

CJFE BOARD

CJFE VOLUNTEERS

We are deeply grateful to all the wonderful volunteers who have helped keep CJFE running over the year. They have assisted us with mailings, listservs and J-Source, and helped for extended stints in the office and at all of our events. Thanks also to the many volunteers who serve on CJFE committees and juries. We also want to give a huge “thank you” to several companies and their staff who have provided us with pro bono services and support throughout the year: • CNW • Juniper Park • Massey College • Media Profile CJFE owes you all a huge debt of thanks!

Arnold Amber (President), The Newspaper Guild Morteza Abdolalian, Journalist Bob Carty, CBC Radio, The Sunday Edition Havoc Franklin, CBC Radio Peter Jacobsen, Bersenas Jacobsen Chouest Thomson Blackburn LLP Anjali Kapoor, The Globe and Mail Alice Klein, NOW Magazine Donald Livingstone, Promeus Inc. Anita Mielewczyk, Journalist/Lawyer John Norris, Criminal Lawyer Mary Deanne Shears, Journalist Frank Switzer, Sun Life Financial Paula Todd, CTV Anna Maria Tremonti, CBC Radio, The Current Philip Tunley, Stockwoods LLP

Maryam Aghvami Sally Armstrong Yohannes Ayalew Aaron Berhane Alexander Besant Andrew Bracht Grant Buckler Erin deCoste Juan Pablo de Dovitis Douglas Donegani Dan Eng Erica Fyvie Susanne Gossage Jenny James Keith Jones Erin Kawalecki Nikahang Kowsar Paul Knox Jaclyn Law Willa Marcus Roberto Martella Robert Morphy Umu Nabie Jaclyn Nardone Roxana Olivera Diane Partenio Diana Pereira Meena Nallainathan Shanee Prasad Max Rothschild Brian Rogers Christina Rutherford Jason Sahlani Yasmin Sahni Emmanuel Samoglou Joe Schlesinger Amy Smart Cara Smusiak Jean-Marc Soboth Marianna Tzabiras Genc Tirana

2010 GALA CO-CHAIRS Lori Abittan, President & CEO, Multimedia Nova Corporation Denise Donlon, General Manager, CBC Radio Patrick Gossage, Chairman, Media Profile John A. Honderich, Chair, Torstar Corp. Frank Switzer, Vice-President Corporate Communications, Sun Life Financial Madeline Ziniak, National Vice-President, Rogers OMNI Television

2010 GALA STEERING COMMITTEE Carol Off (Chair) Arnold Amber Jet Belgraver Diane Eros Annie Game Susanne Gossage Jaclyn Law Dara McLeod

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CJFE 2010

Anita Mielewczyk Jennifer Murray Karolina Olechnowicz Julie Payne Susan Reisler Mary Deanne Shears Michelle Shephard Sarah Spinks

CJFE/IFEX STAFF Annie Game, Executive Director Julie Payne, CJFE Manager Karolina Olechnowicz, CJFE Events Coordinator Mark King, CJFE/IFEX Finance and Administrative Coordinator Karen Knopf, CJFE/IFEX Finance and Accounting Consultant Rachael Kay, IFEX Manager Maureen James, IFEX Fundraising and Outreach Coordinator Zaynah Khanbhai and Kristina Stockwood, IFEX Development/Outreach Coordinators Heather Orrange and Katie Meyer, IFEX Campaigns/Outreach Coordinators Natasha Grzincic, IFEX Online Editor Michaël Elbaz, IFEX Senior Action Alert Coordinator Khadija Mahi, Lidija Sabados, Erin Woycik and Elysse Zarek, IFEX Action Alert Coordinators Christina Rutherford, IFEX Web Coordinator


In a conflicted and often dangerous world... Multimedia Nova, publisher/printer of diversity and community publications, along with its more than 500 partners in Diversity Media Services, commends CJFE and its 2010 award winners for their work in support of free expression.

MultimediaNova.com • DiversityMediaServices.com • TheNewMainstream.ca • LinguaAds.com MulticomMedia.ca • www.NewsWebPrinting.ca • TalentOyster.com Corriere.com • CorriereTandem.com • elCorreo.ca • MyTownCrier.ca • VaughanToday.ca CdnExperience.ca • BringBackTheAct.ca • LaLoi1867ChezNous.ca

OMNI Television Embracing Diversity Recognizing courageous journalists here and internationally.

OMNITV.CA


Join CJFE

Yes, I’ll join CJFE and help defend the rights of journalists around the world! Enclosed is my membership fee of

$75 or my membership + donation of $

I would prefer to make a donation of $

I would prefer to make a monthly donation of which will include my membership fee

$10

$20

Other $

My cheque made payable to CIFET (Canadian International Freedom of Expression Trust) is enclosed. PLEASE CHARGE MY CREDIT CARD

VISA

MASTERCARD

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Signature: Name: Address:

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Receipts for tax purposes will be issued for any contribution of $10 or more.

PLEASE RETURN TO: CJFE 555 Richmond St. W, Suite 1101, PO Box 407 Toronto, ON M5V 3B1 Charitable #BN 89104 3747 RR0001

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CJFE 2010


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CJFE International Free Expression Review 2010  

Read about the state of free expression around the world, about journalists killed and imprisoned, corrupt judiciaries and repressive regime...

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