We Need More Effective Investigations Into Abuses Against Journalists

On November 25, 2020, the High Level Panel of Legal Experts on Media Freedom, an independent body convened at the request of the U.K. and Canadian governments, launched its new report providing advice on promoting more effective investigations into abuses against journalists. The report authored by Nadim Houry, Executive Director of the Arab Reform Initiative and human rights lawyer, reviews the existing efforts to promote effective investigations and assesses the challenges of the present system. The report makes three major recommendations including: for states to set up an international Investigative Task Force, to strengthen evidence-gathering efforts by NGOs, and to strengthen the United Nations’ response to investigations. The aim behind these steps is to “strengthen investigations into attacks on journalists, address the issue of impunity and progress towards accountability.”

Why are these steps needed? First, despite commitments to end attacks on journalists, situation of journalists remains under threat. In the last fourteen years, between 2006-2019, close to 1,200 journalists have been killed for reporting the news. This makes it around a hundred journalists per year. In fact, between 2014 and 2018, 495 journalists were killed, an 18% increase over the previous 5-years. Second, in nine out of ten cases the killers do not face justice. This impunity begets further crimes, both crimes against journalists but also the crimes the journalists were trying to shed light on. This data does not include the numbers of non-fatal attacks against journalists, for example, torture, enforced disappearances, arbitrary detention, intimidation and harassment.

The report discusses the questionable handling of the investigation into the murder of Daphne Caruana Galizia, a Maltese journalist killed in a car bomb attack on October 16, 2017, to show how difficult it is to seek justice in such cases, even in a country that is part of the E.U. As the report emphasizes “ The pursuit of justice since [Daphne’s] death has come to symbolise the battle over press freedom and journalism, and the obstacles faced by those seeking accountability. Friends, family and a consortium of dozens of journalists and NGOs worldwide have collectively fought to keep pressure on the Maltese authorities. International and European institutions have launched initiatives to monitor Malta’s investigation and ensure that the investigation reaches those who instigated the murder.”

During the launch of the report, Caoilfhionn Gallagher QC, barrister at Doughty Street Chambers, discussed the failures of the United States and South Sudan in investigating the murder of Christopher Allen, murder that may be classified as a war crime. In 2017, Christopher Allen was gunned down while reporting on rebel forces fighting government forces in South Sudan. As Caoilfhionn Gallagher QC emphasized, the states have done too little to get to the bottom of the truth behind the murder and to bring those responsible to justice.

Investigating attacks on journalists and prosecuting those responsible is crucial to ensure that the families of the killed journalists see justice being done, and hopefully to deter further attacks. The steps identified in the report should be implemented as a matter of urgency to address the ever deteriorating situation of journalists globally. We need to remember the very true words of the OSCE Representative on Freedom of the Media Harlem Désir: “Each time a journalist is killed, a pillar of democracy crumbles.”