Freedom of Expression
Press Release R 128/14
PRESS RELEASE
R 128/14
OFFICE OF THE
SPECIAL RAPPORTEUR JOINS THE INTERNATIONAL DAY TO END IMPUNITY FOR CRIMES
AGAINST JOURNALISTS
Washington, D.C., November
2, 2014 – The Office of the Special Rapporteur for Freedom of Expression of the
Inter-American Commission on Human Rights (IACHR) joins the International Day
to End Impunity for Crimes against Journalists proclaimed by the United Nations
General Assembly on its resolution of December 2013. In the context of the
first celebration of this date, the Office of the Special Rapporteur urges the
States of the Americas to adopt the necessary measures to eradicate impunity
that characterizes those violations of the right to freedom of expression.
Impunity for crimes
against journalists and people who exercise their right to freedom of
expression has been an issue of great concern to this Office throughout its
mandate. As the Inter-American Court has noted, impunity – understood as the
total lack of investigation, prosecution, arrest, trial and conviction of those
responsible – fosters the chronic repetition of human rights violations and the
total defenselessness of victims and their relatives.
In 2014, the Office
of the Special Rapporteur has reported thirteen journalists and media workers murdered
in the hemisphere. Both the IACHR and the Inter-American Court have referred to
the chilling effect of crimes against journalists on the willingness of other
media professionals and of members of society in general to expose abuses of
power and illicit acts of all kinds. As the Commission has observed, such
chilling effect can only be avoided "by swift action on the part of the State
to punish all perpetrators, as is its duty under international and domestic
law".
Journalism is an arduous
profession that implies the permanent involvement in activities related to the
direct exercise of freedom of expression. The activity of journalists allows
society to understand why events happen. To make available information on
matters of public interest is the precondition for changing social and
governmental practices that affect societies.
As established by
the UN Plan of Action on the Safety of Journalists and the Issue of Impunity,
to which the Office of the Special Rapporteur is fully committed, "[e]fforts to
end impunity with respect to crimes against journalists must be associated with
the defence and protection of human rights defenders, more generally.
[P]romoting the safety of journalists and fighting impunity must not be
constrained to after-the-fact action. Instead, it requires prevention
mechanisms and actions to address some of the root causes of violence against
journalists and of impunity."
To this end, the Office
of the Special Rapporteur considers it necessary in the commemoration of the
International Day to End Impunity for Crimes against Journalists to remind the
States of the region of the importance of adopting a series of recommendations
that provide the essential roadmap for ensuring a truly and effective right to freedom
of expression presented in its report Violence
against journalists and media workers: Inter-American standards and national practices
on prevention, protection and prosecution of perpetrators, namely:
·
Adopt
adequate preventive mechanisms in order to avert violence against media
workers, including the public condemnation of all acts of aggression, omitting
any statement that may increase the risk for journalists; the respect for
journalists’ right to keep their sources of information; the training of public
officials, particularly police and security forces, and, if necessary, the
adoption of operation manuals or guidelines on the respect for the right of
freedom of expression, determining appropriate sanctions proportionate to the
damage done; as well as the development of accurate statistics on violence
against journalists.
·
Carry
out serious, impartial, and effective investigations into the murders, attacks,
threats, and acts of intimidation committed against journalists and media
workers, in accordance with this report. This entails the creation of
specialized units and special investigative protocols, as well as the
identification and exhaustion of all possible case theories related to the professional
work of the victim.
·
Bring
to trial, before impartial and independent tribunals, all those responsible for
the murders, attacks, threats, and acts of intimidation based on the exercise
of freedom of expression, remove legal obstacles to the investigation and
punishment of these crimes, and provide the victims and their family members
ample participation during the investigation and prosecution, as well as
adequate compensation, and eliminate gender barriers that obstruct access to
justice.
·
Adopt
specific, adequate and effective measures to prevent attacks and other forms of
violence perpetrated against women journalists, and prosecute and punish those
responsible. States must adopt effective measures to encourage reporting of
cases of violence against women journalists and combat the impunity that
characterizes those crimes.
·
Adopt
the measures necessary to guarantee the security of those who are at special
risk by virtue of exercising their right to freedom of expression, whether the
threats come from state agents or private individuals. Measures or protection
programs must be suitable and sufficient for its purpose.
The Office of the
Special Rapporteur for Freedom of Expression was created by the Inter-American
Commission on Human Rights (IACHR) to encourage the defense of the right to
freedom of thought and expression in the hemisphere, given the fundamental role
this right plays in consolidating and developing the democratic system.