Philippines No. 3 worst case of impunity vs media — CPJ

TOMORROW, MAY 3, is World Press Freedom Day.

Yet instead of joyful celebration, solemn tribute through action on the cases of journalists who had been killed, and whose killers remain at large, should mark the day, according to the New York-based Committee to Protect Journalists (CPJ).

The CPJ launched today, May 2, its 2013 Impunity Index (“Getting Away With Murder”), which details the cases of “unpunished violence against the press” as a percentage of each country’s population.

The Impunity Index, published annually, “identifies countries where journalists are murdered regularly and governments fail to solve the crimes.”

The latest index covers murders that occurred from January 1, 2003, through December 31, 2012, and remain unsolved. Only nations with five or more unsolved cases are listed. The Index’s methodology considers cases unsolved “when no convictions have been won.”

Twelve countries that are the deadliest places in the world for journalists made it to the 2013 Impunity Index.

The Philippines landed in third slot after Iraq and Somalia.

Highlights of the CPJ’s 2013 Impunity Index follow:

1. IRAQ: “Iraq has the world’s worst record on impunity. No convictions have been obtained in 93 journalist slayings in the past decade. The vast majority of the victims, 95 percent, were local journalists. They include freelance cameraman Tahrir Kadhim Jawad, who was killed on assignment outside Baghdad in 2010 when a bomb attached to his car exploded. Jawad was a ‘courageous cameraman’ known for getting footage ‘where others had failed,’ Mohammad al-Jamili, Baghdad bureau chief for the U.S. government-funded outlet Al-Hurra, said at the time. Police opened an investigation but made no arrests.”

Impunity Index Rating: 2.818 unsolved journalist murders per million inhabitants last year: Ranked 1st with a rating of 2.906

2. SOMALIA: “In a country with a long history of media killings, 2012 was the deadliest year on record for the press. Twelve journalists were murdered in reprisal for their work in 2012 despite relative calm in the capital, Mogadishu. Given the ouster of Al-Shabaab insurgents from Mogadishu in 2011, the killings raised concern that reporters were being targeted by a widening field of politically motivated antagonists. Journalists with the aggressive Shabelle Media Network paid a high price: Four were slain in 2012 and three in the preceding years. The 2012 victims included Hassan Osman Abdi, known by the nickname ‘Fantastic,’ the network’s director and the producer of news programs. Nationwide, 23 journalist murders over the past decade have gone unsolved.”

Impunity Index Rating: 2.396 unsolved journalist murders per million inhabitants last year: Ranked 2nd with a rating of 1.183

3. PHILIPPINES: “Despite President Benigno Aquino III’s vow to reverse impunity in journalist murders, the Philippines ranked third worst worldwide for the fourth consecutive year. Fifty-five journalist murders have gone unsolved in the past decade. The 2011 Ortega murder reflects the politically inspired nature of the large majority of Philippine killings, along with the general breakdown in the rule of law that has allowed the killings to continue. Ortega, a radio talk show host who exposed corruption, was shot in the back of the head while shopping in a Puerto Princesa City clothing store. Police soon made arrests and traced the murder weapon to a provincial governor’s aide. But the case suffered a severe blow in 2013 when an alleged conspirator who had turned state witness was killed in prison.”

Impunity Index Rating: 0.580 unsolved journalist murders per million inhabitants last year: Ranked 3rd with a rating of 0.589

4. SRI LANKA: “Sri Lanka’s impunity rating was unchanged from 2012. But four years after the end of the nation’s long civil war, President Mahinda Rajapaksa’s administration has shown no interest in pursuing the perpetrators in nine journalist murders over the past decade. All of the victims had reported on politically sensitive issues in ways that were critical of the Rajapaksa government. The cases include the fatal 2009 beating of prominent newspaper editor Lasantha Wickramatunga. ‘If there are really independent investigations, many murders and attacks may be traced back to highest-level government politicians and military officials,’ said Ruki Fernando, a human rights defender with the Law and Society Trust.”

Impunity Index Rating: 0.431 unsolved journalist murders per million inhabitants last year: Ranked 4th with a rating of 0.431

5. COLOMBIA: “Colombia’s rating showed little change from 2012, but the nation, once one of the world’s deadliest for the press, has made steady progress over time. No journalists have been murdered for their work in Colombia since 2010. Improvements in the overall security climate have generally outpaced judicial gains, said Carlos Cortez, one of the founders of the Colombian press freedom group Foundation for a Free Press. The government provides security directly to journalists under threat. Among the eight unsolved murders over the past decade is the 2003 shooting of Jaime Rengifo Revero, a radio host who had criticized government security efforts in the north. Two former right-wing paramilitary members face charges in the killing.”

Impunity Index Rating: 0.171 unsolved journalist murders per million inhabitants last year: Ranked 5th with a rating of 0.173

6. AFGHANISTAN: “No journalists have been murdered in Afghanistan since 2008, but authorities have shown no progress in pursuing suspects in the five unsolved cases over the past decade. The most recent victim was Abdul Samad Rohani, Helmand correspondent for the BBC’s Pashto service and a contributor to the Pajhwok Afghan News agency. Rohani, abducted and shot in 2008, had recently reported on drug trafficking and its links to government officials. The planned 2014 withdrawal of NATO troops has raised new concerns about the overall security climate and, with it, the news media’s safety.”

Impunity Index Rating: 0.142 unsolved journalist murders per million inhabitants last year: Ranked 7th with a rating of 0.145

7. MEXICO: “President Enrique Pena Nieto has inherited a 90 percent impunity rate in journalist murders. Fifteen slayings have gone unsolved over the past decade, with most of the killings attributed to criminals affiliated with the country’s powerful cartels or to corrupt police and government officials. Journalist murders have declined slightly over the past three years, but CPJ research has concluded that the drop is due in part to the self-censorship that has taken hold in virtually every corner of the nation outside the capital. In May 2012, a Nuevo Laredo newspaper officially announced that it would no longer cover anything related to criminal groups. Congress and the states federalized crimes against free expression last year in a series of promising moves designed to move cases out of corrupt local jurisdictions.”

Impunity Index Rating: 0.131 unsolved journalist murders per million inhabitants last year: Ranked 8th with a rating of 0.132

8. PAKISTAN: “Pakistan’s failure to prosecute a single suspect in the 23 journalist murders over the past decade has pushed it up two spots on the index. A new onslaught of violence came in 2012, with five murders. One of the few cases to progress from investigation to trial was derailed last year when an eyewitness to the 2011 murder of Geo TV reporter Babar was gunned down two days before he was due to testify. Pakistani news media are vibrant and unified in speaking out against impunity; in March, representatives of dozens of outlets and groups began crafting a plan to improve journalist safety as part of the U.N. effort. But any optimism is tempered by a stark reality: CPJ research shows that journalists face an astonishing array of threats, not only from militants and warlords but from military, security, and government officials.:

Impunity Index Rating: 0.130 unsolved journalist murders per million inhabitants last year: Ranked 10th with a rating of 0.109

9. RUSSIA: “With 14 unsolved murder cases since 2003, Russia is the ninth worst country on the index. Journalists in the North Caucuses have been the most vulnerable in recent years; the most recent victim is Kazbek Gekkiyev, a state television anchor working in the region, who was shot three times in December 2012 on his way home from work. Russia’s historically poor record in prosecuting journalist killers prompted human rights lawyers and the mother of a journalist missing and presumed dead to submit a case to the European Court of Human Rights arguing that Russia fosters a state pattern of impunity in murders of journalists.”

Impunity Index Rating: 0.099 unsolved journalist murders per million inhabitants last year: Ranked 9th with a rating of 0.113

10. BRAZIL: “With nine unsolved cases, Brazil’s impunity rating has soared in recent years. Despite its expressed commitments to justice, Brazil has recorded no new convictions since 2010. Four journalists were murdered in 2012, the highest annual toll the regional powerhouse has seen in a decade. Three of the four 2012 victims worked for online publications. They included website editor Mario Randolfo Marques Lopes, who had aggressively covered government corruption and police misconduct. Provincial reporters, working out of the national media limelight and in areas where law enforcement is weak or corrupt, have been especially vulnerable in Brazil.”

Impunity Index Rating: 0.046 unsolved journalist murders per million inhabitants last year: Ranked 11th with a rating of 0.026

11. NIGERIA: “A steady rise in anti-press violence in recent years has pushed Nigeria onto the index for the first time. With five unsolved murders, it has the second worst impunity rating in Africa, behind only Somalia. Those covering the activities of the extremist Muslim group Boko Haram are particularly vulnerable. In 2012, assailants shot and killed Enenche Akogwu of independent Channels TV as he reported on the aftermath of terrorist attacks in the northern city of Kano.”

Impunity Index Rating: 0.031 unsolved journalist murders per million inhabitants last year: Nigeria was not on the 2012 index

12. INDIA: “Despite its growing international profile, India has lagged in ensuring free expression and the rule of law. No convictions have been won in the cases of six journalists murdered for reporting on local corruption, crime, or politics. Time and again, CPJ research shows, the arrests made after an attack have failed to lead to prosecutions. This is the case for Rajesh Mishra, who died after assailants hit him with iron rods in March 2012. Mishra worked for a Hindi-language weekly and had written about financial irregularities at schools in Rewa. Six suspects were arrested last year but none have been convicted.”

Impunity Index Rating: 0.005 unsolved journalist murders per million inhabitants last year: Ranked 12th with a rating of 0.005

The release of 2013 index, CPJ said, “comes at a pivotal moment in the global struggle against impunity.” It cited a United Nations plan “to combat deadly anti-press violence gets under way this year, with Pakistan being an early focal point,” as well as “to strengthen journalist safety programs and assist member states in developing ways to prosecute the killers of journalists.”

In the Philippine case, the 2013 CPJ report averred that, “the insecurity of witnesses is a key problem in addressing impunity.”

“Authorities in the Philippines… have yet to make headway in the prosecution of dozens of suspects in a politically motivated massacre in Maguindanao province that claimed the lives of more than 50 people, including 32 journalists and media workers, in 2009,” the report said. “Three witnesses in the Maguindanao case have themselves been murdered, one of them dismembered and mutilated.”

“Each time a witness is killed, it affects the morale of other witnesses by showcasing how inept the government is in ensuring their safety,” says Michaella Ortega whose father, prominent radio host Gerardo Ortega, was shot dead in 2011 in Puerto Princesa, Palawan. A key witness to the murder had been killed in jail.

Among other insights, the CPJ’s 2013 Impunity Index also noted that:

– “Local journalists were the victims in the vast majority of unsolved cases on CPJ’s index. Only 11 of the 265 murder cases on the index involve journalists working outside their own country.”

– “Political reporting was the most dangerous beat. Thirty percent of the victims included on CPJ’s index covered political news. Another 20 percent reported on corruption, the second most dangerous topic.”

– “Government and military officials are considered the leading suspects in 26 percent of murder cases on the index.”

– “Responding to threats could save lives. In nearly half of the cases reviewed for the index, victims received death threats prior to their murders.”

– “In dozens of cases, the killers clearly intended to send an intimidating message to the entire press corps. In 48 percent of cases in the index, the victims were abducted or tortured before being killed.”

CPJ’s Impunity Index is compiled as part of the organization’s Global Campaign Against Impunity, which is supported by the Adessium Foundation, the John S. and James L. Knight Foundation, and the Open Society Foundations.

Mindanao broadcaster shot dead

MARIO VENDIOLA

Vendiola: 130th journalist killed since 1986

ANOTHER BROADCASTER was shot and killed Monday morning in Barangay Salipyasin, Kabasalan town, Zamboanga Sibugay province.

Mario Vendiola, more popularly known in his radio program as Kuya Mar, was the first journalist to be killed in the country in 2013.

In an emailed media alert, JB Deveza, Mindanao Media Safety Officer of the National Union of Journalists of the Philippines (NUJP) reported that Vendiola was shot and killed at around 11:45 Monday morning.

Two unidentified men riding a motorcycle pumped at least four bullets into Vendiola in front of a gas station along the national highway in Barangay Salipyasin, as the latter was on his way home on board his motorcycle. The suspects used a .45 caliber pistol “as evidenced by spent shells recovered by police investigators at the scene of the shooting,” Deveza stated in the alert.

“(He) was hit in the head and died on the spot,” the NUJP alert said.

“We are treating this murder as work-related, unless proven otherwise,” Deveza said. Deveza said the NUJP will do an onsite investigation Tuesday to gather more information on the murder.

Vendiola was an anchorman-reporter of 101.3 FM Radyo Natin Kabasalan. He is the first journalist killed this year and the 12th killed under the Aquino administration. Based on the databank of the Center for Media Freedom and Responsibility (CMFR), Vendiola is the 130th media practitioner killed in the line of duty since press freedom was restored in 1986.

Investigators are still investigating the possible motives for the murder of Vendiola.

Unlocking secret offshore accounts: A 46-country investigative report

OVER THE LAST 15 months, a network of investigative journalists from 46 countries — including the Philippine Center for Investigative Journalism — had been hard at work verifying and validating data enrolled in 260 gigabytes of about 2.5 million files, including more than 2 million e-mails.

The subject matter of inquiry: 122,000 offshore companies or trusts, nearly 12,000 intermediaries (agents or “introducers”), and about 130,000 records on the people and agents who run, own, benefit from or hide behind offshore companies.”

The global investigative reporting project was led by the International Consortium of Investigative Journalists (ICIJ) that is based out of Washington DC. But rather than just rush to upload the documents online, ICIJ thought it best to partner with journalists and media agencies to check out and verify first.

ICIJ collaborated with reporters from The Guardian and the BBC in the U.K., Le Monde in France, Süddeutsche Zeitung and Norddeutscher Rundfunk in Germany, The Washington Post, the Canadian Broadcasting Corporation (CBC) and 31 other media partners around the world.

In all, “86 journalists from 46 countries used high-tech data crunching and shoe-leather reporting to sift through emails, account ledgers, and other files covering nearly 30 years.”

After all, the file was more than massive — “more than 160 times larger in size as measured in gigabytes than the U.S. State Department cables leaked to and published by WikiLeaks in 2010.”

Read Part 1 of the PCIJ’s report on “Offshore and Politicians in the Philippines”:

- Ferdinand Marcos’s daughter tied to offshore account in the Caribbean

- What Imee disclosed and didn’t

Today, the massive outcome of the global investigation of offshore accounts goes public worldwide.

Excerpts from the ICIJ reports, “Secrecy for Sale: Inside the Global Offshore Money Maze,” follow:

“A cache of 2.5 million files has cracked open the secrets of more than 120,000 offshore companies and trusts, exposing hidden dealings of politicians, con men and the mega-rich the world over.

“The secret records obtained by the International Consortium of Investigative Journalists lay bare the names behind covert companies and private trusts in the British Virgin Islands, the Cook Islands, and other offshore hideaways.

“They include American doctors and dentists and middle-class Greek villagers as well as families and associates of long-time despots , Wall Street swindlers , Eastern European and Indonesian billionaires, Russian corporate executives, international arms dealers, and a sham-director-fronted company that the European Union has labeled as a cog in Iran’s nuclear-development program.

“The leaked files provide facts and figures – cash transfers, incorporation dates, links between companies and individuals – that illustrate how offshore financial secrecy has spread aggressively around the globe, allowing the wealthy and the well-connected to dodge taxes and fueling corruption and economic woes in rich and poor nations alike. The records detail the offshore holdings of people and companies in more than 170 countries and territories…

“The vast flow of offshore money – legal and illegal, personal and corporate – can roil economies and pit nations against each other. Europe’s continuing financial crisis has been fueled by a Greek fiscal disaster exacerbated by offshore tax cheating and by a banking meltdown in the tiny tax haven of Cyprus, where local banks’ assets have been inflated by waves of cash from Russia.

“Anti-corruption campaigners argue that offshore secrecy undermines law and order and forces average citizens to pay higher taxes to make up for revenues that vanish offshore. The Stolen Asset Recovery Initiative, a program of the World Bank and the United Nations, has estimated that cross-border flows of global proceeds of financial crimes total between $1 trillion and $1.6 trillion a year.

“ICIJ’s 15-month investigation found that, alongside perfectly legal transactions, the secrecy and lax oversight offered by the offshore world allows fraud, tax dodging and political corruption to thrive.

Offshore patrons identified in the documents include:

- Individuals and companies linked to Russia’s Magnitsky Affair, a tax fraud scandal that has strained U.S.-Russia relations and led to a ban on Americans adopting Russian orphans.

- A Venezuelan deal maker accused of using offshore entities to bankroll a U.S.-based Ponzi scheme and funneling millions of dollars in bribes to a Venezuelan government official.

- A corporate mogul who won billions of dollars in contracts amid Azerbaijani President Ilham Aliyev’s massive construction boom even as he served as a director of secrecy-shrouded offshore companies owned by the president’s daughters.

- Indonesian billionaires with ties to the late dictator Suharto, who enriched a circle of elites during his decades in power.

“The documents also provide possible new clues to crimes and money trails that have gone cold.

“After learning ICIJ had identified the eldest daughter of the late dictator Ferdinand Marcos, Maria Imelda Marcos Manotoc, as a beneficiary of a British Virgin Islands (BVI) trust, Philippine officials said they were eager to find out whether any assets in the trust are part of the estimated $5 billion her father amassed through corruption.

“Manotoc, a provincial governor in the Philippines, declined to answer a series of questions about the trust.”

Prudence in handling media cases, media group cautions DOJ

WHILE MEDIA ORGANIZATIONS would want swift government action on media murder cases, government should still exercise prudence and caution, a media group said over the weekend.

The National Union of Journalists of the Philippines said that the recent handling by the Department of Justice of the case of murdered broadcast journalist Gerry Ortega may have actually done more harm than good.

Last week, the Court of Appeals nullified the DOJ’s creation of a second panel of prosecutors to investigate the Gerry Ortega case. The first panel of prosecutors had dropped former Palawan Governor Joel Reyes and his brother Mario from the charge sheet in the Ortega murder case. But after an ensuing outcry, Justice Secretary Leila de Lima immediately created a second prosecution panel that indicted the two. The murder case is now pending before the Puerto Princes Regional Trial Court.

However, the CA ruled that De Lima committed grave procedural lapses in creating the second panel. The CA said that while De Lima had the authority to reverse the first panel’s findings, she should have simply overturned it instead of ignoring it and creating a second panel. In effect, the CA said the first panel’s findings were still hanging and waiting for resolution.

Also left hanging was an appeal filed by Ortega’s wife Patty to reverse the first panel’s findings. The CA said both the first panel’s findings and Ortega’s appeal should have been resolved first.

“We find no legal basis for the second panel of prosecutors to modify the finding of the first panel of prosecutors. It must be remembered that the first panel and second panel of prosecutors are co-equals. As such, both of them are on the same level and one cannot modify the resolution of the other,” the Appellate Court decision reads in part.

The NUJP said Justice officials should take greater care not to trip over legal proceedings that could endanger the case.

“However, instead of taking action on the first panel’s decision and Patty’s petition, De Lima formed a second panel of prosecutors. The DOJ should be more careful not be caught in their own bureaucracy,” said NUJP national vice chairman Alwyn Alburo. Alburo added that lapses like these could weaken Ortega’s quest for justice.

Alburo added that De Lima still faces “the challenge of doing what is right for the case so that justice will be delivered to the Ortegas.”

Alburo also said that the CA ruling does not touch on the merits of the case, but merely on the procedural aspect. Nevertheless, Alburo said greater care should be exercised by the DOJ if the case is to move forward, he said.

“But we stand by the analysis of Atty. Alex Avisado (legal counsel of the Ortegas) when he said that the CA ruling did not absolve the guilt or proved the innocence of the accused,” Alburo said.

TV5′s Interaksyon quoted Avisado saying the High Tribunal’s decision is favorable for their case. “The ruling does not in any way absolve the Reyes brothers. Nor is it final and executory. This is a purely legal issue,” Avisado was quoted by Interaksyon.

Alburo also said the NUJP is “saddened” by the slew of inaccurate news reports and misleading headlines following the decision of the CA.

“We are alarmed with the CA (Court of Appeals) ruling because it has given rise to different interpretations in the media. We are saddened at the news articles that reported the Appellate Court acquitted ex–Palawan governor Joey Reyes—some news organizations even used the term absolved,” he said. Alburo pointed out that many news sites reported that the CA had already cleared the Reyes brothers of the charges against them, when the CA only nullified the second prosecution panel and ordered De Lima to act on the findings of the first. The NUJP said these sites include GMA News Online, Inquirer, Rappler, Manila Times, The Daily Guardian, News Desk Asia, Sunstar, and Net25.

Doc Gerry Ortega—a radio broadcaster in Puerto Princesa City, Palawan—was a staunch environmental advocate and a vocal critic of then Palawan governor Joel Reyes. Ortega had criticized how Reyes handled the funds from the Malampaya Gas Project off the coast of Palawan. Along with his brother Coron mayor Mario, Reyes was tagged as the mastermind behind the shooting of Ortega inside a retail store on January 2011. The alleged gunman Marlon Recamata had confessed in court to shooting Ortega, while Rodolfo Edrad, Jr—a former aide of Joel Reyes—admitted to hiring Recamata.

Regional Trial Court (RTC) Branch 25 Judge Angelo Arizala has allowed Edrad to turn state witness. Edrad is currently under DOJ’s Witness Protection Program. Other suspects involved in the shooting are Valentin Lecias, Arturo Regalado and Romeo Serratubias. The gun used in the shooting was traced back to Serratubias—who used to serve as Reyes’ provincial administrator.

Thai show cancelled over lese majeste law

THAILAND’S Public Broadcasting Service (TPBS) has cancelled a ground-breaking public affairs show discussing the sensitive issue of the Thai monarchy in a move that again sparked debates over the country’s lese majeste law.

Thailand is very sensitive to any discussion of the Thai monarchy, which is protected by Article 112 of the Thai Penal Code, also known as the lese majeste law. The law prohibits defamation of the King, and other members of the Thai monarchy.

A news bulletin released by the Southeast Asian Press Alliance (SEAPA) says TPBS has cancelled the final episode of the political talk show “Tob Jote Prathet Thai” or “Answering Thailand’s Questions” following protests over the show’s content. The SEAPA website says the five-part series was the first ever to discuss the issue of the Thai monarchy openly on Thai television.

The final episode, which was supposed to air March 15, featured a debate between scholars Somsak Jiamtheerasakul and Sulak Sivaraksa. It was not clear what positions the two scholars took on the Thai monarchy that generated so much controversy.

The SEAPA bulletin said that on the night of the episode’s airing, a group of protesters appeared in front of the TPBS studies demanding the cancellation of the show and threatening to “take the law into their own hands.” The studio’s executives said they had to cancel the show  ”for fear of sparking social conflict,” said the SEAPA bulletin.

But despite the cancellation of the episode, two separate investigations have been launched by Thai agencies.

The National Broadcasting and Television Commission (NBTC) is reviewing the rules on the prerogatives of TV stations to cancel shows.

More importantly, the Royal Thai Police is also investigating whether the TV series had violated Thailand’s lese majeste law.

“Police said that the show concerns a matter of national security, and warned that persons reposting remarks of the show’s panelist may also be breaching the law,” SEAPA said in its website. SEAPA also quoted a police investigator who said that they have already found content that violated the lese majeste law.