Freedom of Expression

Inter American Commission on Human Rights Files Case Against Nicaragua for the Murder of Journalist and Calls for the Nation to Cease its Pursuit of Human Rights Activists

By: Emma Bissell

Impunity Watch News Staff Writer

 

Nicaragua – The Inter American Commission of Human Rights concluded the State of Nicaragua liable for the murder of journalist Ángel Gahona López while he was covering a protest and urgently calls for their continued human rights violations to cease.

 
Members of the community honor Ángel Gahona López after he was killed while covering a protest. Photo Courtesy of Noticiero El Meridiano.
  

On July 4th, 2024, The Inter-American Commission on Human Rights (The Commission) filed a case with the Inter American Court of Human Rights (IACHR) against Nicaragua concerning the execution of journalist Ángel Gahona López on April 21, 2018. The Commission concluded that the State of Nicaragua is responsible for violating Lopez’s rights to life and freedom of expression and concluded that the State failed to provide evidence to support the use of force against Lopez given the amplified and intense circumstances.

While covering protests against State violence in April 2018, Lopez was fatally shot. Although he did receive medical assistance from nearby civilians, witnesses reported that state officials present at the scene failed to provide any aid, further indicating that this was motivated by the state itself rather than being a random and unfortunate occurrence. Lopez died just a few hours later. The Merits Report indicated that a state agent was responsible for the murder and also indicated that the murder was linked to Lopez’s work as a journalist reporting on anti-government protests.

The Commission ultimately concluded that the State of Nicaragua violated the American Convention on Human Rights’ articles 4.1, 8.1, 13, and 25. These articles pertain to individuals having the right to an impartial hearing, freedom of thought and expression, to have their life respected, and the right to judicial protection.

Two young men were initially convicted of his murder but were released in 2019 under Law 966, which is also known as the amnesty law. This law was passed by the National Assembly of Nicaragua and intended to provide “broad amnesty” to all people who played a role in events throughout the country from April 18th, 2018, until the law entered force. This essentially applied to political crimes, and otherwise related crimes, which is why the two men were released. The Commission previously denounced this law on the grounds that it would exonerate those who committed grave human rights violations.

After finding the State of Nicaragua at fault, the Commission suggested that the State, in response to an array of human rights violations over the last 10 years, undertake reparations such as providing financial compensation to victims of human rights violations, conducting thorough investigations into matters such as Lopez’s death, and implementing protocols to prevent repetition of these ghastly acts.

The death of Ángel Gahona López was not an isolated incident. The State of Nicaragua has committed a lengthy series of human rights violations over the last several years. In fact, the Commission recently published a statement condemning the State for depriving its citizens of basic human rights and imprisoning many of them in appalling conditions. The Commission is not only calling upon the Nicaraguan government to cease its relentless persecution of human rights defenders but has also called upon the international community to provide support to those suffering at the hands of the government.

Unfortunately, as evidenced by the death of Ángel Gahona López, the plight of journalists in Nicaragua and other Central American countries, as well as internationally, is dire. In 2018 alone, there were 95 journalists killed on the job. Lopez’s death not only added to the number of journalists killed worldwide but is just one more example of the many heinous acts committed by the Nicaraguan government over the last decade.

 

For further information, please see:

IACHR – OAS – American Convention on Human Rights – 22 Nov. 1969

IACHR – OAS – Expresses Concern Over the Passing of Amnesty – 12 June 2019

IACHR – OAS – Files Case with IA Court Over Journalists Death and Ongoing Impunity in Nicaragua – 1 Oct. 2019

IACHR – OAS – Condems Grave Human Rights Violations Against People Deprived of Their Freedom in Nicaragua – 9 Oct. 2024

IFJ – In the Shadow of Violence; Journalists and Media Staff Killed in 2018 – 2019

 

 

 

 

Russia Violates Freedom of Expression in Recent ECHR Case

By: Neha Chhablani

Impunity Watch News Staff Writer

 

STRASBOURG, France – On October 15th, the European Court of Human Rights (ECHR) held that Russia violated the right to Freedom of Expression in the case of Gadzhiyev and Gostev v. Russia. The case concerned two applicants who were dismissed from their jobs after criticizing workplace practices without permission. The ECHR’s ruling challenged Russia’s strict prohibition on public statements issued by State employees.   

While the ECHR ruled on Mr. Gadzhiyev and Mr. Gostev’s cases together, their individual claims were slightly different. Mr. Gadzhiyev served as a police colonel for the Dagestan Ministry of the Interior since 1978. In 2013, after his previous attempts to raise awareness about corruption within regional police forces failed, Mr. Gadzhiyev arranged a meeting with the Federal Minister of Internal Affairs. In anticipation of this meeting, he gave four interviews with media outlets in which he claimed the presence of corruption. On March 1st, 2013, the Minister of the Interior of Dagestan opened an investigation and found that Mr. Gadzhiyev failed to get permission from the Public Relations Department for interviews. Ultimately, he was dismissed from his post because he failed to seek this approval and spoke out negatively against a government agency, which was a violation of domestic law. All national courts ruled against or dismissed Mr. Gadzhiyev’s case on the grounds that he criticized a government agency without concrete facts to support his claims.

 
Photograph of Moscow Metro. Photo Courtesy of David Burdeny.
  

Mr. Gostev was an employee of the Moscow Metro since 1992 and, in 2014, became chairman of the Metro Workers’ trade union. After a series of technical accidents, the trade union organized protests to draw attention to the safety conditions of the metro service. After further issues, Mr. Gostev gave two interviews with media outlets, during which he commented on the safety deficiencies of the metro system. The Moscow Metro Authority issued a reprimand to Mr. Gostev, as all employees were required to publish material through the metro press service and not engage with the press directly. After his second interview was published, the Authority fired Mr. Gostev. National courts rejected Mr. Gostev’s application, stating that he had been informed of the proper procedures for communicating with the press but chose to ignore them. They found that his dismissal was not an infringement of freedom of expression, only a restriction on his exercise of this right.

            Due to their similarity, the ECHR considered Mr. Gostev and Mr. Gadzhiyev’s case at the same time. The court determined that the purpose of their statements was to safeguard the public and they had no malintent. Although the domestic courts ruled a lack of evidence, numerous police officers corroborated Mr. Gadzhiyev’s claims, demonstrating their validity. Furthermore, while domestic courts claimed Mr. Gostev’s statements could have harmed Moscow Metro, they failed to show any evidence of harm.

            Ultimately, the ECHR ruled that the severity of punishment was disproportionate to the crime, given the relevance and legitimacy of Mr. Gostev and Mr. Gadzhiyev’s statements. They ruled that strict enforcement of Russian law prohibiting or discouraging any negative statements made to the public could deter employees, union representatives, and whistleblowers from voicing legitimate concerns.

            While the court held that Russia was to pay 9,950 and 10,500 euros to Mr. Gadzhiyev and Mr. Gostev, respectively, the ruling implied a broader disagreement with Russian law and its application regarding the prohibition of public statements against the State. Ultimately, the ECHR suggests Russia should evaluate the presence of democratic procedures within the State when claiming that interference with freedom of expression is unnecessary in a democratic society.

 

For further information, please see:

European Court of Human Rights – CASE OF GADZHIYEV AND GOSTEV v.

RUSSIA – (15 Oct. 2024)

European Court of Human Rights – European Convention on Human Rights – (20 Oct. 2024)

European Court of Human Rights – Gadzhiyev and Gostev v. Russia Press Release – (15 Oct. 2024)

 

ECHR Holds Turkey Violated Seven Individuals’ Right to Freedom of Expression

By: Sarah Peck

Impunity Watch News Staff Writer

 

STRASBOURG, France – On October 8, 2024, the European Court of Human Rights (ECHR) ruled in four separate cases that Turkey had violated Article 10 of the European Convention for Human Rights, the right to freedom of expression.  According to the ECHR, the Turkish government wrongfully imposed on seven individuals suspended sentences of imprisonment and lengthy probations for comments each had made criticizing the governing bodies of Turkey, including the President and Prime Minister at the time.

 
Photo of a crowd with a Turkish flag on a street. Photo courtesy of Emir Bozkurt.
 

The Convictions

Bayram Yorulmaz, Abuzer Serdar Özlü, Binali Erdoğan, Mihriban Şorli, Tugay Kurnaz, Saide İnaç, and Jinda Açıkgöz were all convicted by Turkish courts of offenses under the Turkish Criminal Code as a result of either verbal or written criticisms of the Turkish Government or its officials. The convictions included:

Bayram Yorulmaz: A public official at the Adana courthouse in Turkey charged with the offense of insulting a public official.

Abuzer Serdar Özlü: A Turkish national convicted of public denigration of the Turkish Nation, the Republic of Turkey, the Grand National Assembly of Turkey, and the judicial bodies of the state for nine publications he had made on his Twitter account in March and April 2016.

Binali Erdoğan: A Turkish national convicted of insulting the President of the Republic via a Facebook post.

Mihriban Şorli: A Turkish national convicted of insulting the President of the Republic via comments she made verbally during an altercation with police officers.

Tugay Kurnaz: A Turkish national convicted of insulting the President of the Republic and overtly insulting a public official via Facebook and Twitter.

Saide İnaç: A German national convicted of insulting the President of the Republic by sharing an article via Facebook post, which stated that the President of the Republic had provoked attacks on the Kurds and caused their massacre.

Jinda Açıkgöz: A Turkish national convicted of insulting the President of the Republic via Facebook posts.

 

The Criticisms

The individuals’ criticisms varied in severity. Some examples include:

Mr. Yorulmaz: “They sneeringly give each other as gifts the paintings of the people they condemned to death… What is this? Effrontery? Insolence? Perversion?”

Mr. Özlü: “You suspended the Constitution and cancelled out the police and the judiciary because of the bribes this man distributed to your Ministers!”

Mr. Erdoğan: “You and your damned presidency, that’s enough!”

Ms. Şorli: “You [your] dishonourable Tayyip (şerefsiz) can’t do anything to me, Tayyip’s soldiers killed my brother in the mountains, I’m going to retaliate.”

 

The Sentences

For each of the convictions, the Turkish Government handed down the following sentences:

Individual

Imprisonment

Probation

Bayram Yorulmaz

Eleven months and twelve days, suspended

Five years

Abuzer Serdar Özlü

Five months, suspended

Five years

Binali Erdoğan

Held for one month in pre-trial detention and sentenced to ten months, suspended

Five years

Mihriban Şorli

Ten months, suspended

Five years

Tugay Kurnaz

One year, two months and seventeen days, suspended

Five years

Saide İnaç

One year, five months and fifteen days, suspended

Five years

Jinda Açıkgöz

One year, two months and seventeen days, suspended

Five years

 

The ECHR’s Ruling

In each of the cases, the Turkish Government argued that the suspension of the prison sentence meant that the individuals had not suffered any obligations or restrictions, and therefore did not have victim status. However, the ECHR determined that despite the suspension of the imprisonment, the criminal convictions amounted to an interference with their exercise of the right to freedom of expression  as the sentences may have had  a deterrent effect. The ECHR further noted that the Turkish national authorities failed to weigh the interests at stake in accordance with the criteria in Turkey’s case law and the interferences were not shown to have been necessary in a democratic society.

Citing Durukan and Birol v. Türkiye, the ECHR explained that Article 231 of Turkey’s Code of Criminal Procedure, which provides for the suspension of pronouncement of judgments entailing convictions, did not offer the required protection against arbitrary infringement by the public authorities of the rights guaranteed by the European Convention for Human Rights.

The ECHR found that the Government of Turkey had violated the right to freedom of expression in each case and ordered Turkey to pay following penalties:

Individual

Non-Pecuniary Damages

Costs & Expenses

Bayram Yorulmaz

2,216 euros (EUR)

EUR 1,500

Abuzer Serdar Özlü

EUR 2,600

EUR 1,000

Binali Erdoğan

EUR 5,000

N/A

Mihriban Şorli

EUR 2,600

N/A

Tugay Kurnaz

EUR 2,600

N/A

Saide İnaç

EUR 2,600

N/A

Jinda Açıkgöz

EUR 2,600

EUR 1,000

 

For further information, please see:

ECHR – Case of Açikgöz v. Türkiye – 8 Oct. 2024

ECHR – Case of Durukan and Birol v. Türkiye – 3 Oct. 2023

ECHR – Case of Erdoğan and Others v. Türkiye – 8 Oct. 2024

ECHR – Case of Özlü v. Türkiye – 8 Oct. 2024

ECHR – Case of Yorulmaz v. Türkiye – 8 Oct. 2024

 

 

 

ICHR Finds Ecuador Responsible for Violating Whistleblower’s Freedom of Expression

By: Carlos Dominguez Scheid

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (ICHR) issued a decision on November 27, 2023, with formal notification delivered on March 22, 2024, ruling that Ecuador is responsible for violating the freedom of expression of a whistleblower who reported corruption within the country’s Armed Forces.

 
Julio Rogelio Viteri Ungaretti | Photo courtesy of BBC News.
  

The Court’s judgment emphasizes the critical role of freedom of speech in ensuring transparency and accountability in government operations. It brings to light the significant challenges faced by individuals exposing misconduct, especially within military contexts, and establishes an important precedent for handling similar cases across the region.

The case involves Mr. Julio Rogelio Viteri Ungaretti, who reported suspected corruption within the Armed Forces in 2000, resulting in several sanctions against him. The Court reviewed the effects of corruption on democracy and human rights, emphasizing the necessity for states to create a supportive environment for whistleblowers and individuals engaged in anti-corruption activities.

The Court discussed the responsibility following the exercise of free speech concerning corruption allegations, noting that such cases are of public interest due to their impact on human rights. It affirmed the importance of society’s right to be informed about corruption, making such disclosures a protected form of speech under Article 13 of the American Convention on Human Rights.

The Court stressed that public officials have both the right and duty to report corruption based on reasonable belief and are expected to verify the accuracy of their information as much as possible, without having to confirm its authenticity at the time of reporting. The state is urged to provide adequate channels to facilitate reporting and ensure the protection of whistleblowers, including safeguarding their identity and personal integrity.

Finally, the Court assessed the repercussions of penalizing individuals for exercising their freedom of expression in reporting suspected corruption. It recognized that allegations of corruption involving public officials hold significant public interest and affect human rights, warranting special protection under Article 13 of the Convention. The Court stressed the importance of providing adequate channels for reporting corruption, underscoring the need to facilitate these disclosures and protect those who come forward.

For further information, please see:

Caso Viteri Ungaretti y Otros vs. Ecuador—2022  

Corte Interamericana De Derechos Humanos Caso Viteri Ungaretti Y Otros Vs. Ecuador—27 Nov. 2023

Diplomat Flees To Market Town—26 Nov. 2022

IACHR refers case on Ecuador to the Inter-American Court—16 July 2021

 

 

 

 

 

ECHR Rules That Portuguese Defamation Judgement Violated Right to Freedom of Expression

By: Firdevs Okatan

Impunity Watch News Staff Writer

STRASBOURG, France – On March 19, 2024, the European Court of Human Rights (ECHR) delivered its judgment in the case of Almeida Arroja v. Portugal, raising important questions about the balance between the right to freedom of expression and the protection of individual reputation.

 
An aerial view of the European Court of Human Rights building in Strasbourg, France. | Photo Courtesy of European Court of Human Rights.
  

The case revolves around the conviction of José Pedro Almeida Arroja, an economist and university professor, for his comments on a private TV channel about a law firm and its director, P.R., a known politician and member of the European Parliament.

The background of the case lies in a dispute over the construction of a pediatric wing at São João Hospital in Porto. Almeida Arroja, chair of an association supporting the construction, criticized the legal advice provided by the law firm C., directed by P.R., accusing it of politically motivated interference. The domestic courts in Portugal found Almeida Arroja guilty of aggravated defamation and causing offense to a legal person, leading to his appeal to the ECHR.

The ECHR judgment focused on whether Almeida Arroja’s freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights, was unjustly violated. The Court acknowledged the importance of protecting reputation but emphasized that restrictions on freedom of expression must be carefully weighed, especially when public figures and matters of public interest are involved.

The Court observed that Almeida Arroja’s comments, although potentially harmful to P.R. and the law firm’s reputation, were part of a debate of significant public interest. The Court also considered P.R.’s status as a public figure, which requires a higher tolerance for criticism. Crucially, it found that the Portuguese courts had not balanced these factors correctly and that the penalties imposed had a disproportionate “chilling effect” on free speech.

The ruling has highlighted the complex relationship between the right to free expression and the need to protect individuals’ and legal entities’ reputations. It underscores the ECHR’s approach that public discussion, especially on matters of public concern, should be solid and that public figures like politicians must tolerate more scrutiny and potentially damaging statements.

This judgment does not only impact Portuguese law but resonates across Europe, where similar tensions exist between freedom of expression and the protection of reputation. It serves as a reminder of the delicate and nuanced judgments required in upholding fundamental human rights in a democratic society.

For further information, please see:

ECHR – Case of Almeida Arroja V. Portugal – 19 Mar. 2024

ECHR – Judgment concerning Portugal – 19 Mar. 2024

ECHRCaseLaw –  The size of the criminal conviction against the defendant for defamation of a lawyer and law firm for his comments on a television show was disproportionate. Violation of freedom of expression – 22 Mar. 2024

European Convention on Human Rights – 1950