Threats to the lives and freedom of expression of journalists
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 January 2007 (7th Sitting) (see Doc. 11143, report of the Committee on Culture, Science and Education,
rapporteur: Mr McIntosh). Text adopted
by the Assembly on25 January 2007 (7th Sitting).
- Thesaurus
1. The Parliamentary Assembly is deeply
concerned by the numerous attacks and threats to the lives and freedom
of expression of journalists in Europe in 2006 and January 2007.
It strongly condemns the murders of Hrant Dink in Turkey and Anna
Politkovskaya in the Russian Federation and the brutal attacks on
Fikret Huseynli, Bahaddin Khaziyev and Nijat Huseynov in Azerbaijan,
Ion Robu in Moldova and Ihor Mosiyshuck, Sergei Yanovski and Lilia
Budjurova in Ukraine. It is also shocked by the recent death decrees
by Iranian religious leaders against Rafiq Tagi and Samir Sedagetoglu
in Azerbaijan, and against Robert Redeker in France, as well as
by the death threats to Mubarak Asani in Bosnia and Herzegovina,
Drago Hedl and Ladislav Tomicic in Croatia, Slavica Jovanovic and
Jahja Fehratovic in Serbia and Vassil Ivanov in Bulgaria for their journalistic
work. Other attacks on journalists may have happened in Europe without
having been noted by a wider public. The Assembly strongly deplores
the fact that journalists in Europe have to work under fear for their
lives and physical safety.
2. The Assembly pays tribute to all journalists and media that
further democracy and the rule of law by investigative journalism
into political and social issues which are of public concern while
respecting the standards of journalistic ethics. Hate journalism,
which confuses propaganda with reporting, defames individuals and
inflames rather than illuminates public debate, is also growing
and needs to be confronted.
3. Freedom of expression and information in the media includes
the right to express political opinions and criticise the authorities
and society, expose governmental mistakes, corruption and organised
crime, and question religious dogmas and practices. This freedom
is guaranteed under Article 10 of the European Convention on Human
Rights (ECHR) (ETS No. 5) as one of the fundamental requirements
of a democratic society. The member states of the Council of Europe
have committed themselves to human rights, democracy and the rule
of law, and the vast majority of European citizens have embraced
these values after a sometimes long and often painful history of
having been deprived of their enjoyment. Where journalists must
fear for their lives and security, democracy is at risk. Freedom
of expression is one of the cornerstones of democracy in Europe.
4. The Assembly believes that to make democracy meaningful, freedom
of expression and freedom of religion should go hand in hand. Violent
attacks and threats, by any group invoking their religion, against expressions
of opinion by words, speech or visual images, have no place in European
democracies.
5. The Assembly recalls the legal obligation of member states,
in accordance with Articles 2 and 10 of the ECHR, to investigate
any murders of journalists as well as acts of severe physical violence
and death threats against them. This obligation stems from the individual
journalist’s rights under the Convention as well as from the necessity
for any democracy to have functioning media free from intimidation
and political threats. Where attacks against journalists can be
carried out with impunity, democracy and the rule of law suffer.
6. Public authorities should use restraint and respect proportionality
when applying legal restrictions to freedom of expression. Administrative
acts, such as the granting of licences for the electronic media
or awarding subsidies to the media, must be fair and provide equal
treatment for all journalists and media companies. Where arbitrary
or politically motivated discrimination of journalists and the media
occurs, freedom of the media is violated.
7. While being aware of the importance of Article 10 of the ECHR
for the protection of media freedom throughout Europe, the Assembly
believes that additional measures are needed to effectively protect
the lives and freedom of expression of journalists in Europe. Applications
to the European Court of Human Rights can only be made after the
violation has taken place and national legal remedies have been
exhausted; therefore judgments are delivered long after the violation.
8. The Assembly appreciates that several thousand signatures
have been collected and forwarded to the President of the Assembly
by Reporters Without Borders in Paris, demanding an investigation
into the murder of Anna Politkovskaya. The Assembly also welcomes
the initiatives of the International Press Institute in Vienna,
ARTICLE 19 in London, the Glasnost Defence Foundation in Moscow
and the South East Europe Media Organisation (SEEMO) in Vienna,
as well as other organisations, to make publicly known all murders
of journalists and attacks against them because of their journalistic
work. Professional organisations of journalists and the media can
help their members when they are faced with threats and attacks
by providing assistance and training to journalists and by raising
awareness among politicians and the public at large. The work of
such professional organisations is protected under Articles 10 and
11 of the ECHR against undue restrictions by state authorities.
10. The Assembly calls on national parliaments to:
10.1 closely monitor the progress
of such criminal investigations and hold the authorities accountable for
any failures to investigate or prosecute – for example, the Russian
Parliament as regards the murder of Anna Politkovskaya;
10.2 abolish laws which place disproportionate limits on freedom
of expression and are liable to be abused to incite extreme nationalism
and intolerance – for example, the Turkish Parliament as regards Article
301 of the Turkish Penal Code on the “denigration of Turkishness”.
11. The Assembly calls on all parliaments concerned to conduct
parliamentary investigations into the unresolved murders of journalists
as well as attacks and death threats against them, in order to shed
light on individual cases and develop as a matter of urgency effective
policies for the greater safety of journalists and their right to
carry out their work without threats.
12. The Assembly condemned the disappearance in 2000 and murder
of Ukrainian journalist Georgiy Gongadze and called for investigations
by the competent authorities. It is concerned at the lack of progress
in these investigations and stresses the need to ensure an environment
for independent judgment.
13. After the arrest of the alleged assassin of Hrant Dink, the
Assembly now unites in calling for the deletion of Article 301 of
the Turkish Penal Code, under which Dink and other journalists were
prosecuted. The continuing presence of such a law limiting freedom
of expression validates legal and other assaults on journalists.
14. The Assembly resolves to establish a specific monitoring mechanism
for identifying and analysing attacks on the lives and freedom of
expression of journalists in Europe as well as the progress made
by national law enforcement authorities and parliaments in their
investigations of these attacks, and consequently invites Reporters
Without Borders, the International Press Institute, the International
Federation of Journalists and other organisations to report such
attacks to the Assembly. The Assembly believes that fully representative, independent
organisations and unions of journalists are an important form of
protection for freedom of expression and rejects any concept of
state licensing or control over the profession of journalism.