freedom of expression

Inter-American Court of Human Rights Officially Condemns Cuba for Restrictions on Free Expression

By: Ben Kaufman

Journal of Global Rights and Organizations, Associate Articles Editor

HAVANA, Republic of Cuba – In response to a renewed wave of imprisonment of critical journalists in Cuba, the Office of the Special Rapporteur for Freedom of Expression issued a condemnation of the Cuban government’s crackdown on journalists and other citizens. This condemnation comes after a series of requests for inspections and records concerning the arrests, detention, and state pressure to self-exile of journalists in the last year.

Despite anticipation for a more engaged press and civil society launched by the words of President Raul Castro in 2010 concerning reforms, journalists have felt increasing pressure by the state to cease dissenting and critical coverage or to leave the state entirely. A representative of the Cuban Prisoner Defenders and member of the Patriotic Union of Cuba told the Guardian that journalists were being increasingly pressured to choose the exile option as a result of prisons overfilled with political prisoners. “We have found a variety of cases. Cases where the activist cannot be broken and is put on a plane, cases where the activist has a weak point, through their child or mother, and they attack there hard, leading the activist to give in and he goes to Guyana to beg.”

The official condemnation specifically refers to the arrest of Roberto Jesús Quiñones Haces – a Cuban lawyer and journalist who was arrested on April 22, 2019 for trying to report on the trial of Cuban pastors who were educating their children at home for Cubanet. Quiñones Haces was charged with resistance and disobedience and was sentenced by the Municipal Court of Guantánamo to one year in prison. He has been in prison since September 11, 2019. The condemnation includes statements by his family that his condition has deteriorated due to poor hygienic conditions. Furthermore, the condemnation refers to the disciplinary process stemming from his reporting from prison on October 1, 2019.

Pursuant to Resolutions 34/18, 42/22, 34/5 of the Human Rights Council and Article 18 of the IACHR Statute, the condemnation states that the Office of the Special Rapporteur sent a letter to the Cuban government seeking information on Quiñones Haces’s punishment, concerns regarding the lack of due process by the Cuban government, and the “motivation of the judgment against said independent journalist.” In its response to that letter, the Cuban government denied the allegations and reiterates that the motivation behind his punishment was “‘the disobedience, disrespect, and resistance of police authorities on April 22, 2019,’ when he intended to cover a trial.”

The condemnation further references artist Luis Manuel Otero Alcántara who was arrested on March 1 for his attendance at a protest in front of the Cuban Institute of Radio and Television to protest a film broadcasted on Cuban television which censored a gay kiss. Otero’s 21 prior arrests for activities associated with freedom of expression and association were of chief concern to the Office of the Special Rapporteur. In urging the Cuban government to end its harassment of members of civil society, the condemnation also refers to the situations of journalists Rolando Rodríguez Lobaina and Luz Escobar who have been detained and are barred from leaving the country.

Directly accusing Cuban authorities of being “the main source of threats and attacks against the press in the country,” the condemnation refers Cuba to its obligations under the Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man, as well as Article 19 of the International Covenant on Civil and Political Rights to protect journalistic work, artistic work, and the defense of human rights.

For further information, please see:

OAS – The Office of the Special Rapporteur for Freedom of Expression condemns increased criminalization and harassment of journalists, activists, and artists who exercise freedom of expression in Cuba – 17 Mar. 2020

The Guardian – Cuba is driving dissidents off island with threats of violence and jail, report finds – 19 Jun. 2019

Radio Television Marti – Roberto Jesús Quiñones Haces humillado en prisión – 26 Dec. 2019

CPJ – Connecting Cuba: More space for criticism but restrictions slow press freedom progress – 28 Sep. 2016

African Commission Finds Cameroon Violated Rights of Broadcasting Company

By: Jordan Broadbent

Impunity Watch Staff Writer

YAOUNDE, Cameroon —  On September 18, 2019, the African Commission on Human and Peoples’ Rights found that Cameroon violated the freedom of expression, freedom of non-discrimination, and property rights when it failed to create an independent licensing authority for a broadcasting company.

African Commission on Human and Peoples’ Rights in Session. Photo Courtesy of International Justice Resource Center.

In 2002, Cameroon Radio Freedom FM, a current affairs radio station, applied for a broadcasting license and never received a conformation of this application, despite statutory deadlines. The station broadcasted anyway and was brought to court on charges of broadcasting without a license. In 2003, the Minister of Communication ordered the equipment of the station to be forcefully confiscated.

In 2004, the Open Society Justice Initiative took on the case on behalf of the radio station. After negotiations in 2005, the two parties reached an agreement where the government agreed to turn over the equipment and provide a license to the station. However, after a year the government reneged on the agreement by failing to grant a broadcasting license or a provisional authorization. In 2007, the Open Society Justice Initiative requested a reopening of communication procedure and a full review of the case by the African Commission on Human and Peoples’ Rights. It also asked the Commission to have Cameroon grant a provisional order allowing the station to broadcast while the complaint was pending.

The petitioners argued that there were three different violations of human rights. They first argued for freedom of expression. The initial claim states that Cameroon has a state-run monopoly over broadcasting in direct violation of Article 9 for the African Charter of Human and People’s Rights. Their second claim states that the state deprived the station of their right to property under Article 14 of the Charter by taking the equipment. Lastly, they argue that the state violated Article 2 of the Charter, which states one’s right of freedom of expression “without discrimination of political or other opinion,” by refusing to grant the license.

The African Commission on Human and Peoples’ Rights declared that such an arbitrary denial lead to a restraint of legitimate communication, drawing on the Declaration of Principles on Freedom and Expression in Africa. Under the Human Rights Committee General Comment number 34 the Commission stated that an independent regulatory body must be in place and that Cameroon violated this by failing to have an independent organization that oversaw issues of freedom of expression.

The Commission found that the government violated the radio station’s right to property and ordered the government to pay for the property taken, the rent of the station, the cost of installing the equipment, legal fees, and loss of earnings since 2003. The state has also been ordered to pay for the moral damages against the former owner of the station.

Cameroon will have 180 days to comply with the Commission’s ruling.

For further information, please see:

International Justice Resource Center – Africa Commission Finds Violations in Cameroon’s Denial of Broadcasting License –  26 Sept. 2019

African Commission on Human and Peoples’ Rights – Open Society Justice Initiative (on behalf of Pius Njawe Noumeni) v. the Republic of Cameroon – 18 Sept. 2019

Open Society Justice Initiative – Freedom FM v. Cameroon – Nov. 2016

Human Rights Court Finds Holocaust Denial Not Protected Under Freedom of Expression

By: Mujtaba Ali Tirmizey

Impunity Watch Staff Writer

BERLIN, Germany – On October 3, 2019, the European Court of Human Rights (“ECHR”) held that denying the Holocaust happened is not protected expression under Article 10.

Udo Pastörs being arrested by police following a far-right demonstration in May 2012. Photo Courtesy of the Reuters/Fabien Bimmer.

On January 28, 2010, the day after Holocaust Remembrance Day, Udo Pastörs, a far-right politician, a member of Parliament and chairperson of the National Democratic Party (“NDP”) of Germany at the time, delivered a speech in which he declared that commemorations of the Holocaust were “theater” and claimed that “the so-called Holocaust is being used for political and commercial purposes.” In August 2012, he was convicted by the district court for violating the memory of the dead and intentional defamation of the Jewish people. Subsequently, his appeals to the regional court, the Court of Appeals and the Federal Constitutional Court were also rejected. After exhausting all his remedies in Germany, Pastörs filed a complaint with the ECHR in 2014.

The Court firmly rejected Pastörs’ claim that his statements were protected under Article 10 of the Convention, which protects freedom of expression. The Court emphasized that Pastörs had planned his speech in advance and intentionally chose his words while denying the Holocaust, contradicting established historical facts, and exhibiting disdain to its victims. The Court further noted that while an interference with freedom of speech over statements made in a Parliament warranted close scrutiny, these specific statements deserved little protection, if any, given that they were at odds with the democratic values of the Convention. In addition, this case also had to be analyzed in the context of the special moral responsibility of States which had experienced Nazi horrors.

Ultimately, the Court held that Pastörs had deliberately stated lies in order to defame the Jewish people and the oppression they had endured. Therefore, the conviction by the domestic courts had been proportional to the goal pursued and was an essential decision in a democratic society.

Interestingly enough, Pastörs, who is a clockmaker by trade, had previously run into trouble with the German authorities as well. In 2010, he was convicted of treason for calling Turkish-German men “semen cannons” and for referring to Germany as a “Jew Republic.” He also referred to famous American economist, Alan Greenspan, as a “hooknose.”

The NDP was founded by the supporters of the former Hitler regime and has an extensive history of being rallying point for new generations of German Nazis. The party has consistently failed in local and national elections and has been unable to make a significant impact in the European Parliament. If their chairperson had not been disciplined for his remarks in the Parliament, the NDP could have gained some momentum. However, the ECHR and the domestic courts correctly determined that the freedom of expression defense was ill-founded in this scenario.

For further information, please see:

The Algemeiner – Denying Holocaust is not a Human Right, Eu Court Determines in Ruling Against German Neo-Nazi – 4 Oct. 2019

Courthouse News Service – Court Rules Holocaust Denial Not Protected by Rights Law – 3 Oct. 2019

European Court of Human Rights – Holocaust Denial is not Protected by the European Convention on Human Rights – 2 Oct. 2019

European Court of Human Rights – Pastörs v. Germany – Oct. 2019

Russian Film Producer’s Freedom of Expression Rights Violated

By: Mujtaba Ali Tirmizey

Impunity Watch Staff Writer

MOSCOW, Russia — On September 10, 2019, the European Court of Human Rights (ECHR) held that the refusal to grant a film reproduction license is a violation of Article 10 of the European Convention of Human Rights which concerns freedom of expression. 

Russian national, Sergey Pryanishnikov, is a producer who owns the copyright for over 1,500 erotic films. After receiving approval for public distribution of his films, Pryanishnikov’s application for a film reproduction license was rejected by the Russian Ministry of the Press in 2003 because he was deemed to be “involved in illegal production, advertising and distribution of erotic and pornographic material and films.”

In 2004, Pryanishnikov contested the rejection before the Commercial Court of Moscow, but the court upheld the decision. The court reasoned that while Pryanishnikov had never been officially charged with the distribution of pornography and had only been interrogated by the police as a witness, since no determination had yet been made in the criminal proceedings, “it could not be ruled out that he was involved in the illegal production of pornographic films.”

Later in 2004, the Appeal Court and Court of Cassation upheld the judgment of the lower courts with both courts using similar reasoning to make their decision. In 2005, relying on Article 10, Pryanishnikov filed a complaint with the ECHR.

The Court concluded that the refusal to issue a film reproduction license interfered with Pryanishnikov’s freedom of expression. The Court conceded that protecting morals and the rights of others, in particular shielding children from access to pornographic material, were justifiable goals. However, when determining whether the interference was also “necessary in a democratic society”, the Court noted that the lower court decisions had been based on assumptions rather than reasoned findings of fact. More specifically, the Russian courts did not rely on any document from the criminal case file indicating that Pryanishnikov was suspected of that offense. As a matter of fact, they had explicitly mentioned that he had been involved in the investigation as a witness rather than a suspect.

Additionally, the Court stated that the lower courts did not weigh either the impact their decision would have on Pryanishnikov’s ability to distribute all the films for which he had distribution certificates or his freedom of expression in general. In particular, they failed to perform a balancing test between the right to freedom of expression and the need to protect public morals and the rights of others, resulting in an unjustifiable restriction of freedom of expression. 

This decision is significant because it overturned four consecutive domestic judgments suppressing freedom of expression in Russia. Ideally, following this ECHR decision, citizens’ rights to freedom of expression in other member states will be respected more. By applying the suggested balancing test, future freedom of expression decisions might be more uniform and proportionally reasoned to reach sound judgments. 

For further information, please see:

European Court of Human Rights – Film Reproduction License Refused Because of Mere Suspicions: Violation of the Right to Freedom of Expression – 10 Sept. 2019

BAILII – Case of Pryanishnikov v. Russia – 10 Sept. 2019

European Court of Human Rights Judges that UK Surveillance Violates Freedoms

By: Katherine Hewitt
Impunity Watch Reporter, Europe

STRASBOURG, France – In the case of Big Brother Watch and Others v. the United Kingdom, the Chamber voted that some parts of the UK’s Investigatory Powers Act of 2016 violated human rights.  This is the latest occurrence in a five-year challenge directed towards the UK’s surveillance policies.

European Court of Human Rights rules that UK policies towards surveillance violate right to privacy and expression.  Photo Courtesy of European PhotoPress Agency. 

Applicants lodged complaints about the bulk interception of communications, obtaining data from communication service providers, and intelligence sharing with foreign governments.  Advocates such as Big Brother Watch note, “Under the guise of counter-terrorism, the UK has adopted the most authoritarian surveillance regime of any Western state, corroding democracy itself and the rights of the British public.”

The Chamber found that the bulk interception strategy violated Article 8 of the Convention that states individuals have a right to a private life without interference by a public authority.  The judges deemed that there was not enough oversight on filtering who was selected for interception or what communication data was read.  It is important to note that the Court did not find the idea of a bulk interception regime a violation of human rights but rather the way in which the UK was handling the strategy.  Additionally, using communication service providers to obtain data was found as a violation of privacy.

Both of these aspects were also found to violate Article 10 as well, which protects freedom of expression.  The Court ruled that there are no safeguards in place for the protection of the data that is collected.

Intelligence sharing was not found to violate Article 8 or 10.

This case involved three joined applications: Big Brother Watch and Others v. the United Kingdom, Bureau of Investigative Journalism and Alice Ross v. the United Kingdom, and 10 Human Rights Organisations and Others v. the United Kingdom.  Those included were Amnesty International, American Civil Liberties Union, Bytes for All, the Canadian Civil Liberties Association, the Egyptian Initiative for Personal Rights, the Hungarian Civil Liberties Union, the Irish Council for Civil Liberties, the Legal Resources Centre (South Africa), Liberty and Privacy International, Open Rights Group, English PEN and Dr Constanze Kurz.

Of the case decision, activist Carolina Wilson Palow says, “Today’s judgment rightly criticises the UK’s bulk interception regime for giving far too much leeway to the intelligence agencies to choose who to spy on and when. It confirms that just because it is technically feasible to intercept all of our personal communications, it does not mean that it is lawful to do so.”

The Chambers decision is not final.  During the next three months either side has the opportunity to appeal the decision to the Grand Chamber of the Court.  There is the possibility of appeal as many activists believe that the decision did not go far enough in condemning bulk surveillance.

For more information please visit:

Amnesty International – Campaigners win vital battle against UK mass surveillance– 13 September 2018

European Court of Human Rights- Press Release: Some aspects of UK surveillance regimes violate Convention- 13 September 2018  (link to download press release)

European Court of Human Rights: Convention for the Protection of Human Rights and Fundamental Freedoms 

EURACTIV – UK guilty of human rights abuse, ECHR finds in groundbreaking surveillance case -14 September 2018