In recent years, some of the leading investigative journalists in Europe have fallen victim to brutal killings: Hrant Dink in Turkey, Georgyi Gongadze in Ukraine and Elmar Huseynov in Azerbaijan. On 7 October 2011 it will be five years since Anna Politkovskaya was murdered in Russia. No effort must be spared to apprehend and bring to justice not only the actual killers, but also those who ordered these murders.
But these are far from the only cases of violence directed towards journalists. Since 1992 more than one hundred journalists in the Council of Europe region have been killed because of their work. Many, many more have been physically attacked or have received threats.
Also, the Organization for Security and Co-operation in Europe (OSCE) has documented that of the close to 30 murders of journalists in the region since 2007, only one-tenth have resulted in the apprehension of suspects and successful prosecutions. This casts serious doubts on the effectiveness of law-enforcement bodies and the judiciary. It is a blatant neglect of human rights when authorities allow perpetrators to remain immune to punishment.
Fundamental for democracy
Free, independent and pluralistic media based on freedom of information and expression are a core element of any functioning democracy. Freedom of the media is also essential for the protection of all other human rights. There are many examples where misuses of power, corruption, discrimination and even torture have come to light because of the work of investigative journalists.
The purpose of journalism is not to please those who hold power or to be the mouthpiece of governments - the most important role is to be “public watchdogs”.
A form of censorship
Threats against one journalist can have the devastating effect of silencing many others. The threat of violence has thus become a form of censorship.
The same goes for restrictive laws and other measures to control media. For example, defamation is still criminalised in several parts of Europe and journalists can be put in prison for what they have reported. Such offences should be decriminalised and instead dealt with in civil law courts in a proportionate manner.
Governments must ensure safety
Public authorities, civil society and the international community, as well as media-owners and journalist’s organisations, all have important roles to play in ensuring the safety of journalists – from law-enforcement, education, monitoring and setting of universal standards to ethical conduct and self-regulation.
This important matter must be given priority throughout the whole system of justice:
• Law enforcement and judicial authorities have a key responsibility in ensuring that murders and other serious violent crimes against journalists are investigated promptly and efficiently.
• Governments and parliaments must make sure that prosecutors and investigators are independent, trained and qualified for the job, and that no political interference in sensitive cases hinders them from doing their professional work.
• Prosecutors and judges have to be aware of the importance of bringing everyone responsible for violence against journalists to justice. Unless the real culprits are investigated, tried and punished, they may go on planning and ordering the killings of journalists.
The right of journalists to carry out their work under safe conditions, without fear of being harassed, attacked, beaten or killed is a topic of paramount importance for freedom of the press and freedom of expression in Europe today.
Thomas Hammarberg
Further reading: Issue Discussion Paper on Protection of Journalists from Violence
Link to the video of the Open discussion: "Protection of journalists in Europe" in original version, in English and in French
Speakers: Thomas Hammarberg, Council of Europe Commissioner for Human Rights; Dunja Mijatović, OSCE Representative on Freedom of the Media;
Sergey Sokolov, Deputy Editor in Chief of Novaya Gazeta