Freedom of Speech

ECHR: Legislation Introduced by Russia to Stifle Dissent about War in Ukraine Violates Freedom of Expression.

By: Bridget Congo 

Impunity Watch News Staff Writer

 

STRASBOURG, FRANCE— On February 11, 2025, in the case Novaya Gazeta and Others v. Russia, the European Court of Human Rights (ECHR) issued a ruling against the Russian Federation, finding that it violated the European Convention on Human Rights by passing laws that oppressed free speech regarding the war in Ukraine. 

 
Yevgeny Roizman, a Russian opposition politician, was detained and investigated for criticizing Russia’s involvement in the military conflict in Ukraine. Photo Courtesy of REUTERS.
  

On February 24, 2022, when Russia invaded Ukraine, their Federal Services for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor, the “RKN”) mandated that media outlets utilize only official Russian sources for reporting on the operation, threatening immediate blocking of materials deemed “false” as well as issuing take-down requests (“TDRs”). Then, on March 4, 2022, Russia’s parliament enacted legislation that made sweeping amendments to their Code of Administrative Offences (the “CAO”) and their Criminal Code – criminalizing the dissemination of “fake news” about the military, with penalties of up to 15 years in prison. Subsequently, numerous independent media websites were blocked for their coverage of the conflict. Individuals were also implicated under these new laws. This case comprises two (2) independent media outlets, Novaya Gazeta and Dozhd TV, as well as 161 other individual applicants who faced convictions through criminal or administrative proceedings for expressing dissenting views on Russia’s military action in Ukraine. In May 2022, the RKN charged Novaya Gazeta with disseminating “fake news”, an offence under Article 13.15(9) of the CAO. Most individuals in this case were charged under either Article 207.3 of the Criminal Code or Articles 13.15 and 20.3 of the CAO. 

The ECHR concluded that Russia’s actions constituted a coordinated effort to suppress dissenting opinions regarding the war in Ukraine. The Court emphasized that the imposed sanctions were exceptionally severe and served to intimidate society, effectively silencing independent voices on matters of critical public interest. Consequently, the Court held that Russia violated Articles 10 and 34 of the European Convention on Human Rights, along with other provisions concerning specific applicants. 

The Court determined unanimously that Russia violated Article 10, citing systematic suppression of dissenting voices, with national courts penalizing any narratives using the term “war” instead of the official portrayals of the invasion as “special military operations.” The Court emphasized that even during emergencies, freedom of political speech must be protected under the public interest of democratic society and that applicant’s statements did not incite violence or unlawful activities. Finally, the Court noted an absence of efforts by Russia to balance national security interests with the public’s right to information on significant issues like armed conflict and alleged war crimes. 

 The Court found a violation of Article 34 concerning the Novaya Gazeta media outlet. Despite interim measures issued by the Court, Russian authorities revoked the newspaper’s publication license and blocked access to its websites, undermining the right to individual petition. 

The court identified additional breaches involving five (5) applicants. First, Article 3 (Prohibition of Inhuman or Degrading Treatment), applicants were subjected to confinement in metal cages or narrow glass cabins during detention hearings. Second, Article 5 §§ 1, 3, and 4 (Right to Liberty and Security), issues included unwarranted arrests, pre-trial detentions, and delays in reviewing appeals against detention orders. Finally, Article 8 (Right to Respect and Family Life), unjustified searches of applicants’ homes were conducted by Russian officials without proper justification. 



For further information, please see:

Blackstone Chambers — Novaya Gazeta and Others v. Russia — 12 Feb. 2025

ECHR — Judgment Novaya Gazeta and Others v. Russia — 2 Feb. 2025

Reuters News — Russia fights back in information war with jail warning — 4 Mar. 2022 





Green Card Holding Columbia Graduate Arrested by Federal Immigration Enforcement

By Leila Barghouty 

Journal of Global Rights and Organizations, Associate Articles Editor

New York City, U.S. — Mahmoud Khalil, a recent Columbia graduate and lawful permanent resident who was arrested by Immigration and Customs Enforcement (“I.C.E.”) on March 8 and faces deportation, will remain at a detention facility in Louisiana while the court determines whether or not to grant a motion to compel that would require the government to return Khalil to New York City, where he lives and was arrested.  

 
Mahmoud Khalil at Columbia University in New York during a pro-Palestinian protest on April 29, 2024. Photo Courtesy of AP Photo by Ted Shaffrey.
  

The motion was heard as part of a brief hearing before Judge Jesse M. Furman — a federal judge of the United States District Court for the Southern District of New York — on March 12, during which Judge Furman also ruled that Khalil would be granted one attorney-client call on March 12 and one the following day. Khalil had been previously barred from speaking to his lawyers or family while in detention. 

Despite being a green card holder, many believe Khalil has been targeted for his role as a pro-Palestine student activist. A petition for the writ of habeas corpus was filed by Khalil’s attorney, Amy Greer, on March 9, stated that this activism included “calling on the rest of the world to stop providing weapons and support to enable the genocide in contravention with international law.” The petition stresses that speech regarding international law and the obligations of the U.S. therein is “clearly protected by the First Amendment.” During his arrest, I.C.E. agents indicated that Khalil’s green card may have been revoked without due process. A March 10 order by Judge Furman blocked Khalil’s deportation pending court order. 

The American Civil Liberties Union and the New York Civil Liberties Union joined Khalil’s legal team shortly after his arrest. An amended petition for the writ of habeas corpus was filed on March 13. The amended petition states that the respondents, members of the Trump administration, have adopted a retaliatory policy to punish non-citizen protesters who are critical of Israel, a U.S. ally. A motion to compel  under the All Writs Act, 28 U.S.C. § 1691, was also filed on behalf of Khalil for an order to return him to New York for the duration of proceedings.

Khalil’s arrest has gained widespread criticism by First Amendment and international human rights advocates as many view it as an attempt by the Trump administration to chill free speech — particularly by international students on college campuses — as it ramps up aggressive deportation campaigns. The ACLU called Khalil’s arrest and possible deportation “unlawful” and a representation of the administration’s “efforts to silence speech of which they are critical.” 

 

For further information, please see: 

 

ACLU – Khalil v. Trump, Amended Petition for Writ of Habeas Corpus and Complaint – 13 Mar. 2025

ACLU – Khalil v. Trump, Notice of Conference – 10 Mar. 2025

ACLU  – Khalil v. Trump, Petition for Writ of Habeas Corpus – 9 Mar. 2025

The Associated Press – Columbia grad student’s detention will stretch on as lawyers spar over Trump’s plan to deport him – 12 Mar. 2025

The Associated Press – Federal agents are seen arresting Palestinian activist Mahmoud Khalil in a newly released video – 14 Mar. 2025

PACER – Khalil v. Trump, Order of the court – 12 Mar. 2025




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

 

 

 

 

IACHR and Special Rapporteurship for Freedom and Expression Show Concern Over Continued Repression of Indigenous Communities in Nicaragua

By: Gavin Gretsky

Impunity Watch News Staff Writer

NICARAGUA – The Special Rapporteurship for Freedom and Expression (RELE) of the Inter-American Commission of Human Rights (IACHR) recently released a statement expressing concern over the repression of indigenous communities along the Caribbean coast of Nicaragua. RELE and the IACHR expressed concern over violence by settlers against native communities, the shutdown of indigenous radio stations, and the YATAMA party having its status revoked.

 
A woman protests outside of the Organization of the American States against human rights violations committed by the Nicaraguan government | Photo Courtesy of AP
  

Settlers encroaching into indigenous communities has been an ongoing issue for indigenous communities in Nicaragua, however the encroachment and violence has escalated recently. The land inhabited by the Mayanga and Miskito along the Atlantic coast of Nicaragua is traditionally used for small scale farming, hunting, and fishing. According to community leaders, settlers forcibly occupy these lands for the purpose of commercial exploitation of natural resources. This occupation is often combined with violence, resulting in property destruction, kidnappings, and murder. Despite this violence, there has been no action by the government to prevent further conflict.  While the IACHR has directed the Nicaraguan government to protect these communities the government has not responded despite Nicaragua’s acceptance of the IACHR’s jurisdiction.

The closure of indigenous radio stations also concerned the IACHR and RELE. In the coastal Caribbean region, there were two indigenous radio stations that had been in operation for over two decades, run by the YATAMA opposition party, and were primarily used to advocate for and spread indigenous culture, often in indigenous languages. The Nicaraguan telecommunications regulator stated that the radio stations were confiscated by the government due to operating without the proper permits. However, local leaders state that this was done to silence opposition to the government. The IACHR and RELE are concerned with the closure of the radio stations because they served an important role in facilitating public debate and their closure creates “silence areas” where only state run media is available.

Lastly, the IACHR and RELE brought attention to the legal status of the YATAMA party being revoked. YATAMA was a political party in opposition to the governing FSLN party and is rooted in the Miskito people, the largest indigenous community in Nicaragua. The Supreme Electoral Council announced the revocation came because YATAMA “misrepresented reality in the country” in violation of Act 1055. Prior to its revocation, YATAMA was the only political party that could challenge the FSLN in the coastal regions of Nicaragua. The revocation also comes on the eve of regional elections, which advocates state was done to create a single-party system.

Additionally, YATAMA leaders have also come under attack from the government. Former party leaders, Brooklyn Rivera and Elizabeth Henriquez were both arrested with no reason given by the government and their whereabouts are currently unknown according to IACHR. The IACHR stated that this restriction on political opposition would violate many rights and freedoms, including the freedom of expression and association.

In its conclusion, the IACHR and RELE called on the Nicaraguan government to end its repression against indigenous peoples, against YATAMA, and to provide the location and health conditions of those arrested.

For further information, please see:

ABC News – Indigenous people in northeast Nicaragua say armed settlers are pushing them off their land – 10 Aug. 2023

Confidencial – Ortega’s Elimination of the Yatama Party: A mistake of the past and present – 10 Oct. 2023

Havana Times – Police Arrest Indigenous Legislator from Her Home – 2 Oct. 2023

IACHR – IACHR and Its Special Rapporteurship for Freedom of Expression Urge Nicaragua to End Repression Against Indigenous Communities in Its Caribbean Coast – 10 Oct. 2023

UNHR – Oral update by the ASG on the Situation of Human Rights in Nicaragua – 3 Mar. 2023

Reuters – Nicaraguan indigenous party says government has barred it ahead of local elections – 4 Oct. 2023

The Tico Times – Nicaragua Accused of Attacking Miskito People – 8 Oct. 2023

The European Court of Human Rights Vindicates Dismissed Bulgarian Judge on Grounds of Freedom of Expression

By: Angelica Judge

Journal of Global Rights and Organizations, Associate Articles Editor

STRASBOURG, France – The European Court of Human Rights ruled in favor of Miroslava Todorova, a Bulgarian judge, on October 19, 2021 regarding a violation of her freedom of expression.

Photograph of Judge Miroslava Todorova. Photo Courtesy of noinvite.com.

Todorova is a judge in the criminal division of Sofia City Court in Bulgaria, and was elected president of the Bulgarian union of Judges (BUJ) in 2009.  During that time, she was publically critical of certain leadership decisions and statements within the Supreme Judicial Council (SJC).

A proposal was brought to the SJC Inspector General in July of 2011 for disciplinary proceedings to be instated against judges with a backlog of cases – with Todorova being named as one such judge. She suffered a salary reduction followed later by dismissal, and after a series of appeals, her case came before the ECtHR.

She alleged several claims under the European Convention on Human Rights, and the court found that her Article 10 right to freedom of expression had been violated. The court argued that “Those proceedings and sanctions could… have had a chilling effect on the applicant’s exercise of her freedom of expression and on that of all members of the national judiciary,” as a result of her previous comments criticizing the SJC. In coming to this decision, the court weighed what they felt to be an inadequate showing by the domestic authorities that the sanctions here were “necessary and appropriate to the legitimate aims pursued in the case.”  

The ECtHR recognized that judges still must be subject to appropriate sanctions following breaches of professional duty due to exercising their right to freedom of expression. However, if the discipline is suspected of being retaliatory, the domestic authorities must show that the sanctions were legitimate.  

Todorova had several other claims that were either unsuccessful, or were read in conjunction with the Article 10 violation. For example, the court did not find that there was a violation to Article 8 of the Convention, which provides for an individual’s right to respect for their private and family life. The basis for this claim was that the disciplinary proceedings caused significant media coverage that may have damaged her reputation. However, the court found that the media coverage was fairly balanced in terms of positive and negative attention. Proving this violation requires a standard of severity that the court felt was lacking.

Despite Todorova being unsuccessful in some of her claims, the court unanimously agreeing that there was a violation of her freedom of expression is a significant victory after a legal battle that had lasted for several years.

For further Information, please see:

American Society of International Law – ECtHR Issues Two Judgments on Freedom of Expression – 19 Oct. 2021

EU Law Live – Disciplinary proceedings against Bulgarian judge Miroslava Todorova breached freedom of expression ECtHR rules – 19 Oct. 2021

European Court of Human Rights – European Convention on Human Rights – 2 Oct. 2013

European Court of Human Rights – Disciplinary Proceedings Against and Sanctions Imposed on the Applicant, a Judge and President of the Bulgarian Union of Judges, Violated her Right to Freedom of Expression – 19 Oct. 2021

Radio Bulgaria – Judge Miroslava Todorova wins case against Bulgaria at the European Court of Human Rights – 19 Oct. 2021