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Resolution 2141 (2017)
Attacks against journalists and media freedom in Europe
1. The right to freedom of expression
and information through the media is a necessary requirement for any
democratic society. The Parliamentary Assembly therefore welcomes
the establishment, in 2015, of the Platform to promote the protection
of journalism and safety of journalists and notes with concern that, unfortunately,
the relevance of this tool has been confirmed by the high number
of cases which have given rise to alerts about serious threats to
media freedom in Europe. The Assembly therefore remains attentive
to the situation of media freedom and the safety of journalists
in Europe.
2. Following Resolution
2035 (2015) on the protection of the safety of journalists
and of media freedom in Europe, a few cases referred to therein
have been resolved. The Assembly welcomes in particular the fact
that, as suggested in Opinion No. 715/2013 of the European Commission
for Democracy through Law (Venice Commission), the Italian Parliament
is debating a government bill aimed at abolishing detention for
cases of defamation through the media. The Assembly also welcomes
the release from detention of Khadija Ismayilova, but expresses
concern with regard to the legal proceedings, travel bans and restrictions
on freedom of movement imposed on her and on other journalists in
Azerbaijan that are designed to prevent them from carrying out their
independent work. The Assembly also welcomes Georgian legislation
which provides a framework for freedom and stability of the media,
as well as the law on broadcasting, and encourages all responsible
authorities to continue strengthening the independence and diversity
of the public and private media. The Assembly invites member States
to promote the dissemination of information about criminal proceedings
against organised crime and to discourage all those who try to reduce
the visibility of the above proceedings.
3. The Assembly regrets, however, that some concerns expressed
in Resolution 2035 (2015) have
to be reiterated, regarding:
3.1. the
Ukrainian film producer Oleg Sentsov, who was abducted from the
Crimean Peninsula and sentenced by a Russian military court in Rostov-on-Don
to 20 years’ imprisonment in Yakutsk, in Russia; the Assembly urges
the Russian authorities to transfer him to the competent law-enforcement
authorities of Ukraine without further delay;
3.2. the closure of the broadcaster ATR and other Crimean-Tartar
media in the wake of the illegal occupation and annexation of the
Crimean Peninsula of Ukraine by Russian authorities; concerned about
the general situation of media freedom in the Crimean Peninsula
occupied by Russia, the Assembly calls on the Russian authorities
to also respect freedom of expression and information through the
media in areas which are de facto controlled
by them outside the territory of Russia, in violation of Resolution
A/RES/68/262 of the United Nations General Assembly on the territorial
integrity of Ukraine;
3.3. media freedom and security for journalists in the eastern
parts of Ukraine which are still under the de
facto control of belligerent separatist military forces
supported by the Russian Federation;
3.4. the previous and continuing changes in media ownership
in Georgia, which have an impact on media pluralism and diversity
in Georgia. Efforts to change the ownership of the country’s most
popular pro-European TV station have caused continual concern among
many international interlocutors and in civil society.
4. The Assembly notes with sadness that 16 journalists have died
violently in member States since January 2015 and strongly calls
on the competent prosecutors to thoroughly investigate the still
not fully resolved deaths of:
4.1. Pavel
Sheremet, a Belarusian journalist who was working for Ukrayinska Pravda and Radio Vesti in Ukraine when he died
in a car explosion in Kyiv on 20 July 2016;
4.2. Mustafa Cambaz, a Turkish photojournalist with the newspaper Yeni Şafak, who died from a gunshot
wound to the head in Istanbul in the early hours of 16 July 2016
during the failed military coup d’état;
4.3. Naji Jerf, a Syrian journalist who had made several films
about atrocities committed by both “IS”/Daesh and the current Syrian
Government, who was shot dead in Gaziantep (Turkey) on 27 December 2015.
5. Referring to Resolution A/RES/68/163 of the United Nations
General Assembly on the safety of journalists and the issue of impunity,
the Assembly reiterates its call for member States to fully investigate
the deaths of Elmar Huseynov (2005) and Rafiq Tagi (2011) in Azerbaijan,
Paul Klebnikov (2004) and Anna Politkovskaya (2006) in the Russian
Federation, Dada Vujasinović (1994) and Milan Pantić (2001) in Serbia, Hrant
Dink (2007) in Turkey, Georgiy Gongadze (2000) and Vasil Klementiev
(2010) in Ukraine, as well as Martin O’Hagan (2001) in the United
Kingdom.
6. Conscious of the difficulties and serious challenges Turkey
is facing with regard to the failed coup d’état, the terrorist attacks,
the crisis caused by the enormous number of refugees and the war
in Syria, the Assembly expresses its concerns regarding the dire
situation for the media and journalists in Turkey under the decrees passed
during the state of emergency, in particular the dissolution and
seizure of assets of media companies, the detentions of writers,
journalists, editors and executives of media companies, as well
as the cases of deviations from criminal procedure law, including
access to a lawyer and the right to be informed promptly of the
nature and cause of the criminal charges.
7. The Assembly calls on the Turkish authorities to:
7.1. release from detention all journalists
who have not been indicted for actively participating in terrorist
acts – among others the journalist and writer Nazlı Ilıcak, as well
as the head of the board of the newspaper Cumhuriyet,
Akin Atalay, its editor-in-chief Murat Sabuncu, its cartoonist Musa
Kart, Kadri Gürsel and several of its columnists – and to immediately
check and improve their conditions of detention; the Assembly welcomes
the statement by the Minister of Culture and Tourism of Turkey, Mr Nabi
Avci, that writers, journalists and cartoonists should not be tried
while in detention like murderers;
7.2. review the emergency decrees in so far as they order the
arrest of writers and media staff and the public seizure of media
companies and their assets;
7.3. consider treating as a priority the applications submitted
to the Constitutional Court by media outlets or media staff;
7.4. revise Articles 216, 299, 301 and 314 of the Penal Code
in accordance with Opinion No. 831/2015 of the Venice Commission;
7.5. revise Law No. 5651 on regulation of publications on the
internet and combating crimes committed by means of such publication,
in accordance with Opinion No. 805/2015 of the Venice Commission;
7.6. strengthen the editorial independence of the state broadcaster
Türkiye Radyo Televizyon in accordance with the Assembly’s Resolution 1636 (2008) on
indicators for media in a democracy;
7.7. take into account the new country report on Turkey by
the United Nations Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression.
8. Concerned about media freedom in the Russian Federation, the
Assembly calls on the Russian authorities to:
8.1. drop its criminal charges for “separatism” and related
offences against the Ukrainian journalists Anna Andrievska, Natalya
Kokorina and Mykola Semena for their reports about the illegal occupation and
annexation of the Crimean Peninsula by the Russian Federation;
8.2. release Roman Sushchenko, a correspondent for the Ukrainian
national information agency Ukrinform in France since 2010, who
has been detained in Moscow on charges of “espionage” since 30 September
2016;
8.3. exert its influence over the belligerent separatist military
forces in eastern Ukraine in order to ensure that journalists can
report safely from those areas in accordance with Assembly Resolution 1438 (2005) on
freedom of the press and the working conditions of journalists in
conflict zones;
8.4. respond to the alerts published on the Platform to promote
the protection of journalism and the safety of journalists, and
collaborate effectively with the Council of Europe in upholding
media freedom.
9. Referring to paragraph 9 of its Resolution 2062 (2015) on the functioning
of democratic institutions in Azerbaijan, the Assembly reiterates
its concern with regard to retaliation against independent media
and advocates of freedom of expression in Azerbaijan. In this regard,
it deplores the arbitrary application of criminal legislation to
limit freedom of expression, in particular the reported recent use
of different criminal laws against journalists and bloggers, and
recommends taking the measures necessary to ensure a genuinely independent and
impartial review by the judiciary of cases involving journalists
and others expressing critical opinions.
10. Recalling the decision adopted by the Committee of Ministers
between 6 and 8 December 2016 on the Mahmudov and Agazade group
of cases against Azerbaijan, the Assembly regrets the absence of
information on measures taken to ensure the adequacy of legislation
on defamation and expresses, in this context, grave concern about
recent legislative amendments to the Criminal Code that introduce
new defamation offences subject to imprisonment, irrespective of
whether incitement to violence or hatred is involved.
11. In particular the Assembly calls on the Azerbaijani authorities
to:
11.1. cease targeting the Institute
for Reporters’ Freedom and Safety (IRFS) and guarantee necessary conditions
for the organisation to be able to operate freely in the country;
11.2. stop harassment against independent blogger and IRFS Chairman
Mehman Huseynov, return his identification documents and investigate
allegations of ill-treatment against him;
11.3. drop the criminal case against independent media outlet
Meydan TV, refrain from pressuring its staff and contributors and
lift all travel bans imposed on them;
11.4. lift all investigations against Radio Free Europe/Radio
Liberty and allow its office in Baku to carry out its normal activities.
12. The Assembly furthermore notes with deep concern that the
protection of media freedom under Article 10 of the European Convention
on Human Rights (ETS No. 5) is also lacking in other territories
of member States which are de facto controlled
by separatist regimes, namely in Nagorno-Karabakh of Azerbaijan, Abkhazia
and South Ossetia of Georgia and Transnistria of the Republic of
Moldova. Therefore, the Assembly pays particular tribute to the
few investigative journalists who dare shed light on the situation
in those otherwise totally non-transparent and lawless areas.
13. Referring to paragraph 2.7 of its Resolution 2064 (2015) on the situation
in Hungary following the adoption of Resolution 1941 (2013), the Assembly
welcomes progress in combating racist and xenophobic expression
in the media and also welcomes the constructive dialogue between
the Hungarian authorities and the European Commission in this regard,
and calls on the Hungarian authorities to:
13.1. revise certain parts of its media legislation in accordance
with Opinion No. 798/2015 of the Venice Commission, which acknowledges
the efforts of the Hungarian Government in terms of improving legislation
in this field so far;
13.2. reconsider, in accordance with Decision No. SA.39235 of
4 November 2016 by the European Commission, Act XXII of 2014 on
Advertisement Tax, which created a discriminatory tax on the publication
of advertisements in the media in Hungary;
13.3. ensure that advertising contracts involving public authorities
and State companies are concluded with all media in a fair and transparent
manner;
13.4. strengthen media pluralism and diversity and ensure transparency
of media ownership, especially where a media outlet is effectively
held or controlled by a commercial entrepreneur who has been awarded
public contracts.
14. Noting that on 22 June 2016 the Polish Parliament passed,
as an interim law, an act on the National Media Council – a new
pluralistic body with the power to nominate and dismiss management
and supervisory boards of public media – thus enhancing the influence
of the governing majority over public media, the Assembly holds
this matter under consideration. It further notes that the Polish
authorities have confirmed that the opinion of Council of Europe
experts will be taken into account in the legislative process.
15. Expressing concern about reports of plans by Euronews to close
down its Ukrainian service and to limit the rights of journalists
to apply for some vacant positions within the company, contrary
to French and European labour laws and with clear signs of potential
discrimination, the Assembly notes that dozens of Euronews employees
joined a strike at the company’s headquarters in Lyon on 5 December
2016 against the plans to close its Ukrainian service and to cut
several other Euronews services. The Assembly calls on the French
authorities to closely monitor the situation and to make sure that
none of the concerned employees’ legal rights are violated or limited.
16. Noting the recent auction of private broadcasting licenses
by the current Greek Government, the Assembly recalls that, while
Article 10 of the European Convention on Human Rights allows States
to require licenses for broadcasting, restrictions need to be necessary
in a democratic society and the award of licenses has to be made
in a transparent and reasoned process. The Assembly notes that Greece
has suspended the initiation of a public auction until the official
publication of the relevant judgment of the Greek Council of State and
that it has declared that it will comply fully and unreservedly
with that judgment. The Assembly also notes that the Greek Government
has legislated that the number of television broadcasting licenses
will be determined with the consent of the National Board for Radio
and Television, the relevant independent authority, which will also
conduct the public auction.
17. Regarding the media situation in Belarus, the Assembly welcomes
the report of 21 September 2016 by the United Nations Special Rapporteur
on the situation of human rights in Belarus. The Assembly regrets
that media pluralism and diversity are still absent. This fact limits
the Belarusian people in exercising public control over government
conduct and especially hampers the respect of democratic standards
during elections.
18. Several governments have tightened their anti-terrorism legislation
by enlarging the criminal offence of aiding and abetting terrorist
activities, as well as by allowing law-enforcement authorities to
search and seize the work of journalists. However, overbroad applications
of such laws are not permissible under Article 10 of the European
Convention on Human Rights.
19. The Assembly is alarmed that journalists have sometimes been
targeted by police action during violent demonstrations. While law-enforcement
authorities can stop such demonstrations and order journalists to leave
the scene, the physical integrity of those journalists and the integrity
of their equipment must be respected. Media must not be hindered
when reporting on such demonstrations, which are of public concern in
a democracy.
20. Welcoming the fact that investigative journalists have revealed
government misconduct in some member States, the Assembly is nonetheless
alarmed that many of these journalists have faced pressure from governments,
law-enforcement authorities or organised crime. The rights of whistle-blowers
and the right of journalists not to disclose their sources must
be respected. The Assembly invites the Group of States against Corruption
(GRECO), Transparency International and the Global Investigative
Journalism Network to co-operate more closely in their work in this
context.
21. Noting that the situation of public service broadcasting is
difficult in several member States, the Assembly recalls that the
independence of such broadcasters from governments has to be ensured
through law and practice. Governments and parliaments must not interfere
in the daily management and editorial work of such broadcasters,
which should establish in-house codes of conduct for journalistic
work and editorial independence from political sides. Senior management
positions should be refused to people with clear party political
affiliations.
22. Welcoming the efforts of the Ukrainian authorities to establish
a strong public broadcasting system, the Assembly emphasises the
importance of continuing without delay the full implementation of
the public broadcasting law adopted by the Ukrainian Parliament
in April 2014, and of transforming State media outlets into public
service media.
23. Welcoming the fact-finding work on serious violations of media
freedom by professional media organisations throughout Europe, the
Assembly calls on member States, the European Union, the Organization
for Security and Co-operation in Europe (OSCE) and the United Nations
to join forces with the Council of Europe and support its Platform
to promote the protection of journalism and safety of journalists.
The Platform alerts and governmental responses should be used for
in-depth analyses of serious cases of attacks on journalists and
media freedom, especially where the severity and frequency of such
attacks indicate systemic problems in member States.