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Report Finds News Censorship, Abuse of Public Money, across Latin America

Rampant government interference with press freedom threatens editorial independence and access to unbiased news in seven Latin American countries, according to a groundbreaking new report, The Price of Silence: The Growing Threat of Soft Censorship in Latin America. The study catalogues abuses in Argentina, Chile, Colombia, Costa Rica, Honduras, Peru, and Uruguay, including the widespread use of public funds to reward or punish news coverage.

Authorities in Latin America have long used violence, legal harassment, and intimidation to silence outspoken journalists. The report uncovers a less obvious but growing trend of officials using financial incentives and regulatory powers to control the press.

The Price of Silence documents various types of interference, including evidence of direct government payments to journalists in Colombia and Peru; local authorities in Chile dictating what journalists can write about; and a high-ranking official in Costa Rica attempting to use advertising contracts to influence the outcome of a protracted political battle.

Click here to read more and download the full text or the executive summary, available in English or Spanish.

A groundbreaking new report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY).
Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work.
The 134-page report provides a detailed look at the ICTY's role and challenges in:
• Dispelling the impunity of Serbians accused of playing a key role in atrocities committed in the Balkan wars of the 1990s;
• Contributing to Serbian society's progress in acknowledging and condemning Serbian leaders' and institutions' role in those atrocities; and
• Strengthening the rule of law in Serbia.
The report, by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is being published in conjunction with the fifteenth anniversary of the ICTY's founding.
The report is based on interviews with scores of key figures from the ICTY and knowledgeable sources in Serbia, as well as an extensive review of the court's history and jurisprudence.
Click here to read or download Shrinking the Space for Denial: The Impact of the ICTY in Serbia.

Rights Groups Press Czech Government on Roma Education
Despite changes in legislation and a landmark ruling from Europe’s highest court, racial segregation of Roma children remains a fixture of education in the Czech Republic, a coalition of rights groups said in September. The Czech government must take significant steps, including enacting new legislation, to desegregate the country’s schools, the groups said in an official communication to the Committee of Ministers of the Council of Europe. The statement was signed by the European Roma Rights Centre (ERRC), the Roma Education Fund, the Open Society Justice Initiative, and the Open Society Institute. The Czech Republic’s School Law of 2005, curriculum modification of 2007, and the European Court of Human Rights’ landmark decision in D.H. and Others v. the Czech Republic have all failed to end a segregated education system in which the vast majority of Roma students are still assigned to “special” schools with sub-standard curricula. Click here to read more.

AIDS Conference Looks at Pretrial Detention as a Public Health Issue
The role of pretrial detention in spreading disease was the focus of two sessions at the XVII International AIDS Conference held in Mexico City in August. Experts from the fields of human rights and public health — including staff from the Open Society Justice Initiative — examined the global over-use of pretrial detention as a threat to public health in two conference sessions: “HIV/AIDS in Prisons and Pretrial Detention Centers: A Public Health and Human Rights Disaster,” and “Sentenced to HIV, HCV and TB? Prisons and Pretrial Detention Centers.” The appearance of pretrial detention on the agenda of the 20,000-person conference is an important milestone in the process of reforming and reducing the use of pretrial detention. Click here for the Justice Initiative’s conference presentation, “The Scale and Health Consequences of Pretrial Detention around the World”.

Justice Initiative Intensifies West African Engagement with Taylor Trial
As part of its efforts to promote greater media coverage and public awareness of Charles Taylor’s trial in The Hague, the Justice Initiative intensified its work with Sierra Leonean journalists and civil society during the court’s judicial recess in August. Among other activities, the Justice Initiative provided training to Sierra Leonean journalists in the use of the www.CharlesTaylorTrial.org website as a resource for developing news stories and engaging in outreach efforts to inform local communities about the trial. For more information on the Taylor trial and Special Court in Sierra Leone click here.

Justice Initiative Helps Push Investigation of CIA “Black Sites” in Poland
Poland’s chief prosecutor, in early August, opened an investigation into the existence of secret CIA “black sites” in Poland and the possible complicity of Polish agents in torture and other abuses. The investigation—which top officials of the Council of Europe and the European Union have been calling for since 2007—was hailed by human rights groups as a major step in pursuit of accountability for abuses committed in the U.S. “war on terror.” The Polish Helsinki Foundation for Human Rights had been calling for such an investigation—and seeking information about Polish knowledge of CIA violations— since March 2006. In January of 2008 the Polish Helsinki Foundation, with input from the Justice Initiative and pursuant to Poland’s 2001 Access to Information Law, filed requests for information regarding Polish collaboration with the CIA’s rendition program. In response, in March, the Polish government released some information, the first time that the law had been used to obtain information considered by some to constitute state secrets. In addition, the Polish Helsinki Foundation helped a journalist from a leading Polish weekly to prepare an extensive article about CIA flights. Shortly after this article appeared, the prosecutor finally took action. Click here for a BBC News account of the investigation.

Justice Initiative Intervenes in Bosnian Constitution Case
In August, the Justice Initiative submitted to the European Court of Human Rights an amicus brief challenging provisions in the Constitution of Bosnia-Herzegovina that restrict eligibility for high-level political office to certain ethnic groups. According to the constitution, only ethnic Serbs, Croats, and Bosniaks can serve in the Bosnian legislature or as the country’s president. The provision excludes members of Bosnia’s other ethnic groups, as well as individuals who refuse to be classified by ethnicity. The Justice Initiative’s brief, filed in the case of Finci and Sedjic v. Bosnia, argues that the provision is ethnically discriminatory because it privileges dominant ethnic groups while barring ethnic minorities. Click here to read the brief.

Chile Adopts Historic Law on Transparency and Access to Information
President Michelle Bachelet of Chile promulgated the Law on Transparency and Access to Information in August, culminating a four-year campaign led by long time Justice Initiative partner Pro Acceso. The law recognizes the right to information held by public bodies, significantly narrows areas of exception, obliges public bodies to respond to citizen requests within 20 days and creates a four-person Council for Transparency to implement and interpret the law. Chile now has arguably the strongest access to information law in South America and will be the first country to establish an implementation body. The Justice Initiative provided technical assistance to support Pro Acceso’s campaign, which included colloquia, analyses of legislative drafts, forceful advocacy in the mass media, participation in parliamentary discussions, and organization of a British Council-supported study mission to England for legislators and government officials. Of particular importance was the 2006 decision of the Inter-American Court in the landmark case of Claude Reyes, in which the court—citing a joint Pro Acceso-Justice Initiative study—ruled that Chile was in violation of the American Convention on Human Rights’ guarantee of the right to information. The court called on Chile’s government not only to pass a law but also to train government officers in its implementation. For more on the Claude Reyes case, click here.

Inter-American Commission Orders Protective Measures for Victim of Arbitrary Deprivation of Nationality
In August, the Inter-American Commission on Human Rights granted the Justice Initiative’s request for precautionary measures in the case of Emildo Bueno, a Dominican citizen of Haitian descent whose public fight against arbitrary deprivation of his nationality resulted in threats and physical harm to him and his family. The commission granted the request of the Justice Initiative and the Center for Justice and International Law (CEJIL) to order the government of the Dominican Republic to investigate thoroughly attacks on the Bueno family and to provide them with security protection. The commission’s agreement to extend precautionary measures is the latest indication of international human rights bodies’ growing concern about discrimination in access to nationality in the Dominican Republic. Click here for more information, in Spanish.

Karadžić Arrest Hailed as a Triumph for Victims and for Justice
The arrest in July of one of the world’s most notorious fugitives, Radovan Karadžić, on genocide and other charges, is a milestone in international justice and signifies major if long overdue progress by Serbia, the Justice Initiative said. But Serbia must still move quickly to arrest Karadžić's wartime ally, Ratko Mladić , to fully stake its claim in the new Europe. “Karadžić’s arrest is a historic event, which indicates a sea-change in Serbia’s commitment to joining its neighbors as a full member of the European Union,” said Robert O. Varenik, then acting executive director of the Justice Initiative. “Serbia took a great leap forward but now must follow through with the immediate arrest of Mladić.” Karadžić and Mladić were indicted 13 years ago by the International Criminal Tribunal for the former Yugoslavia (ICTY) on charges of genocide, crimes against humanity, and war crimes for their roles as alleged architects of crimes committed during the Bosnian war in the 1990s. With the ICTY set to shut down by 2011, time is running out to bring the men to justice. Click here to read more.

German Employment Case Focuses on Religious and Ethnic Discrimination
In July, the Open Society Justice Initiative challenged religious and ethnic discrimination in a brief the organization filed in an employment case in Hamburg, Germany.
The case concerns a Christian charity, Diakonisches Werk Hamburg (DWK), which refused to hire a non-Christian woman unless she converted to Christianity. The applicant, a German citizen of Turkish ethnic origin, does not observe or practice any religion and refused to convert. The woman was applying for a non-religious position counseling immigrants, as part of a secular advice service that DWK provides on behalf of the German state. DWK acknowledges that the applicant met all substantive requirements for the job. Under German and European Union antidiscrimination law, religious institutions may treat individuals differently on the basis of religion only when religious faith is a genuine occupational requirement for a job, such as that of a pastor or a religious teacher. But this exception clearly does not apply in the DWK case, the Justice Initiative asserted in its filing. Click here to read the Justice Initiative’s brief, available in English or German.

U.S. Senate Hears Justice Initiative Testimony on Crimes against Humanity
In June, Justice Initiative Special Counsel Diane Orentlicher provided expert testimony on crimes against humanity to the U.S. Senate Judiciary Committee’s Subcommittee on Human Rights and the Law. Noting that “United States law does not yet proscribe crimes against humanity,” Orentlicher stated: “I urge this subcommittee to produce legislation making crimes against humanity a federal crime and establishing a jurisdiction to prosecute such crimes.” Orentlicher’s full testimony, which examines American leadership in defining the concept of crimes against humanity and explores recent and current examples of such crimes, is available here.

Justice Initiative Calls for Investigation of Torture Allegations in Kazakhstan
The Open Society Justice Initiative in June called for a government investigation into recent allegations of torture and ill-treatment in Kazakhstan. The victim, Denis Polienko, alleges that he was illegally detained by police and tortured into confessing to the murder of his neighbor. According to Polienko, he was severely beaten, suffocated with a plastic bag, and threatened with rape and harm to his wife. As a result, he sustained facial fractures, damage to his eyesight, and now suffers post-traumatic stress disorder.
According to statements submitted by Polienko, he was seized by police on Nov. 21, 2006 and held for more than 36 hours at the Schuchinsk Department of Internal Affairs, where he was tortured into confessing to murder. His confession was then used as evidence of his guilt in a criminal trial. Although a court halted the trial—citing “gaps in the investigation”—and returned the case to prosecutors for additional investigation, Polienko still faces charges. Click here to read more about the case.

Rights Groups Demand Investigation of CIA's Extraordinary Rendition Program
The European Center for Constitutional and Human Rights (ECCHR), the American Civil Liberties Union (ACLU), and the Open Society Justice Initiative, met in Berlin in June with lawyers from Germany, Macedonia, and the United Kingdom to discuss the latest developments in the CIA rendition case of German citizen Khaled El Masri.
El Masri was seized by Macedonian authorities on December 31, 2003. He was detained incommunicado for 23 days, then handed over by the Macedonians to CIA agents who videotaped, blindfolded, and injected him with drugs, then flew him in chains to Kabul, Afghanistan. In Kabul he was tortured in a prison that his lawyers believe was the infamous CIA-run "Salt Pit" detention center. The CIA soon realized they were holding an innocent man, yet El Masri was held for more than four months before being released without charge. On May 28th, 2004, El Masri was flown by the CIA to Albania and dumped on an isolated roadside in the middle of the night. Albanian authorities thereafter placed him on a return flight to Germany. At the meeting, participating attorneys presented further legal actions already filed or being prepared in the USA, Macedonia and Albania. In addition to the lawsuit against Germany filed today, these include a petition against the United States at the Inter-American Commission on Human Rights, an upcoming criminal complaint in Macedonia, and freedom of information requests in Albania and Macedonia. Click here to learn more.

Latest Khmer Rouge Tribunal Report Covers New Crime Site and Progress on the Five Cases
The Open Society Justice Initiative released in May its latest report on current challenges and progress at the Extraordinary Chambers in Courts of Cambodia (ECCC), the court established to try surviving leaders of the Khmer Rouge. The 25-page report provides an overview of recent developments in the cases of all five defendants now in the court’s custody: Ieng Sary, Khieu Samphan, Nuon Chea, Kaing Guek Eav, and Ieng Thirith. The report also looks at developments outside the courtroom, including the appointment of a UN expert advisor to help revise the court’s budget and streamline administrative operations of the UN’s side of the court. The report is available here.

New Book Examines the Global Cost of Pretrial Detention and Efforts to Reform and Reduce the Practice Worldwide
The Open Society Justice Initiative in April released a new publication examining pretrial detention—the practice of jailing criminal suspects, sometimes for years, before trial—and efforts to reform its use. Justice Initiatives: Pretrial Detention examines the global costs of the practice, as well as efforts to reduce its use. The excessive and irrational use of pretrial detention wastes public resources, undermines the rule of law, disrupts families and communities, and endangers public health. By definition, pretrial detention only affects people who have not yet been judged and are presumed innocent. In 2006, an estimated 7.4 million people around the world were held in pretrial detention, yet it remains an overlooked area of criminal justice. Abuses are common: conditions are often worse for pretrial detainees than for sentenced prisoners and torture more widespread. Fortunately, innovative approaches to reform, documented in the publication, are beginning to emerge. Click here to download or order a copy of the book.

New Report from Turkey Finds Accused Lack Legal Representation
Only ten percent of criminal defendants in Istanbul are represented by a lawyer, according to a report released by the Justice Initiative and Istanbul Bilgi University in April. The report, Alone in the Courtroom: Accessibility and Impact of Criminal Legal Aid before Istanbul Courts, presents astonishing results of an empirical study of legal aid in Istanbul, including:
• Although legal aid is free, less than two percent of defendants made use of it during their trials.
• Approximately 75% of defendants who were sentenced to prison were never represented by a lawyer.
• In only 7.3% of cases were lawyers present during police interrogations of suspects.
The study, which examined more than 600 case files opened in 2000-2001 and closed before 2005 and observed 173 court hearings in Istanbul courts, is available here.

Justice Initiative Commends Ruling on Prisoners’ Rights in Kazakhstan; Calls for Investigation of Torture
The Justice Initiative in March welcomed a ruling by Kazakhstan's Constitutional Council overturning a legal provision limiting the rights of prisoners who protested against widespread torture in prison. However, the group called on Kazakhstan's authorities to ensure a thorough investigation of complaints of widespread torture. The law criminalized self-mutilation as disruptive of prison operations. Two dozen inmates had been charged with violating it after nearly 100 cut themselves to protest torture and officials' failure to address their complaints. The Justice Initiative called on Kazakhstan's government to investigate fully the prisoners' claims of torture and demonstrate that it is improving its systems for preventing, investigating, and punishing torture. Click here to learn more about the case and read the Justice Initiative’s brief.

Justice Initiative Finds Racial Discrimination in Dutch Database
In March, the Justice Initiative urged the Dutch government to end its discriminatory gathering and processing of sensitive racial and ethnic data. The government-compiled database, known as the "Reference Index of Antilleans," violates both European and international legal norms, according to the Justice Initiative. The Justice Initiative's brief argues that the use of ethnic or racial data linked to a risk profile is a form of unlawful ethnic profiling amounting to racial discrimination. Click here to learn more about the case and read the brief.

Justice Initiative Highlights Progress, Promise in Mauritania
The progress and potential of Mauritania’s year-old, democratically-elected government was examined at a March 2008 colloquium organized by the Justice Initiative. The event, which featured Mauritania’s ambassador to the United States, a Mauritanian refugee, and anti-slavery activists, explored a new law criminalizing slavery, as well as efforts to repatriate thousands of black Mauritanians who were expelled in 1989. Audio highlights from the event, as well as excerpts from “Faces of Change,” a documentary about slavery in Mauritania, are available here.

Lawsuit Seeks Greater Freedom of Expression in Sierra Leone
In March, journalists in Sierra Leone challenged laws that criminalize free speech and authorize prison terms of up to seven years for those who criticize the government. Sierra Leone's criminal libel and false news laws allow prison sentences for expression that "excite(s) disaffection" against the government or "injure(s) the reputation" of the government or individual officials. The Justice Initiative, in partnership with West African groups, provided assistance with the suit. A brief filed in the case describes the repressive effect of the laws, which can provide severe criminal penalties even for true statements and entirely peaceful expression. Click here to read more or download the brief.

New Khmer Rouge Tribunal Report Gives Updates on Five Cases, Budget Needs, More
A new report on the Extraordinary Chambers in Courts of Cambodia (ECCC) covers several major events from January and February of 2008, including:
• The beginning of civil parties' participation in the ECCC;
• The announcement of a revised budget for the court, seeking an additional $113.7 million, amid reports that the Cambodian side of the court could exhaust its budget in a matter of months; and
• The participation of investigating judges in community outreach meetings held in Pailin, the former Khmer Rouge stronghold.
The 18-page report examines recent developments in the cases of all five defendants now in the court's custody and also looks at action outside the courtroom, including expansion of the Victims Unit, which will help victims become involved in the trials. Click here to read or download the report.

Rights Groups Applaud Torture Ruling
In February 2008, the European Court of Human Rights reaffirmed the ban on deporting people to countries where they are at risk of being tortured. In Saadi v. Italy, the court ruled unanimously that no circumstances, including the threat of terrorism, can justify exposing an individual to the genuine risk of torture or ill-treatment. The Justice Initiative joined with 10 other human rights and anti-torture groups including Human Rights Watch and Amnesty International in hailing the ruling. Click here for the groups' press release or the full text of the court's judgment.

Justice Initiative Hails German Court Judgment on Religious Discrimination
In February, the Justice Initiative welcomed a judgment from Germany's Hamburg Labor Court that a Christian organization engaged in discrimination when it refused to hire a non-Christian. The case concerned a Christian charity, Diakonisches Werk Hamburg (DWK), which refused to hire a non-Christian. While DWK acknowledged that the applicant met all substantive requirements for the position, which had no religious component, DWK required the applicant to convert to Christianity before it would consider her eligible for the position. The Justice Initiative supported the plaintiff's German lawyer and will submit a brief on the plaintiff's behalf if, as expected, DWK appeals the Hamburg Labor Court judgment. Click here for more.

Rights Groups Denounce Greek Prosecutor’s Racist Statement
Human rights groups in February 2008 denounced as racist a statement by Greece's top prosecutor suggesting that certain ethnic groups are involved in crime. The Open Society Justice Initiative and Greek Helsinki Monitor reacted to a statement made by Supreme Court Prosecutor George Sanidas in December 2007. Sanidas, in describing crime in a section of Athens, singled out as perpetrators "foreign women of African and non-African origin" and "athinganoi." The latter term is a pejorative reference to Roma. Sanidas has not amended or retracted his statement in the weeks since he made it. Click here to read more.

Website Tracks Resumption of Taylor Trial
After a six month delay, the trial of former Liberian President Charles Taylor resumed in January 2008—as did coverage by the trial monitoring website, www.CharlesTaylorTrial.org. The website provides daily updates from the courtroom, as well as expert analysis and background information regarding Taylor’s trial on war crimes and crimes against humanity. With the trial taking place in The Hague, the website—established by the Justice Initiative, the International Senior Lawyers Project, and the law firm Clifford Chance—is intended to be especially valuable for audiences in West Africa. Click here to go to www.CharlesTaylorTrial.org.