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Violations of Freedom of Expression 2016 Annual Report - Brazil

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Violations of Freedom of Expression 2016 Annual Report - Brazil VIOLATIONS OF FREEDOM OF EXPRESSION 2016 ANNUAL REPORT - BRAZIL ARTICLE 19 BRAZIL AND SOUTH AMERICA Paula Martins ARTICLE 19 BRAZIL AND SOUTH AMERICA director Júlia Lima research and text: Thiago Firbida Júlia Lima , Thiago Firbida and Tomaz Seincman Tomaz Magalhães Seincman protection and security collaboration: Larissa Vieira and Layza Queiroz dos Santos Joara Marchezini Mariana Tamari supervision: Bárbara Paes Paula Martins Henrique Goes right to information design: mooa estúdio Camila Marques Raissa Maia Carolina Martins Mariana Rielli legal programme Laura Tresca Marcelo Blanco dos Anjos digital rights João Penteado WARNING: Davi de Sousa communications Regina Marques This is not an exhaustive report on the status of individual cases. New Rosimeyre Carminati information may emerge as cases develop, further reports are released, Yumna Ghani and official investigations progress. finance and management Belisário dos Santos Júnior Eduardo Panuzzio Malak Poppovik Luiz Eduardo Regules Luciana Guimarães Marcos Fuchs Heber Araújo Thiago Donnini board ARTICLE 19 Brazil would like to thank the following people and organizations for this work is provided under the the collaboration in this report: Creative Commons Attribution- – Swedish International Development Cooperation Agency (SIDA); Open Society Non-Commercial-ShareAlike-4.0 Foundations; Ford Foundations; Federação Nacional dos Jornalistas (FENAJ); Federação International Interestadual dos Trabalhadores em Empresas de Radiodifusão e Televisão (FITERT); – Andrew Smith, Eick Monterrosas, José de Carvalho, Maria Emília da Silva, Marta Falqueto; Pedro Vaca; Ricardo Gonzalez; SUMMARY ABBREVIATIONS AND ACRONYMS ................................................................................ 08 CHAPTER 1. INTRODUCTION ..................................................................................... 11 CHAPTER 2. GENERAL OVERVIEW OF VIOLATIONS AGAINST COMMUNICATORS IN BRAZIL ............................ 15 CHAPTER 3. INTERNATIONAL STANDARDS ON PROTECTION AND SAFETY - PREVENT, PROTECT AND PROSECUTE ........ 23 CHAPTER 4. PROTECTION MECHANISMS FOR COMMUNICATORS IN LATIN AMERICA .................................. 27 CHAPTER 5. THE BRAZILIAN PROTECTION MECHANISM ............................................................. 41 CHAPTER 6. CONCLUSIONS AND RECOMMENDATIONS ............................................................. 50 CHAPTER 7. METHODOLOGY ...................................................................................... 52 APPENDIX - LIST OF VICTIMS OF VIOLATIONS IN 2016 ........................................................... 54 N.B.: THIS IS A SUMMARIZED VERSION OF THE ‘VIOLATIONS OF THE FREEDOM OF EXPRESSION IN BRAZIL’ REPORT. THE FULL VERSION CAN BE FOUND, IN PORTUGUESE, ON THE VIOLACOES.ARTIGO19.ORG PORTAL ABBREVIATIONS AND ACRONYMS Andiarios NPPDHR Colombian Association of Editors of Newspapers and Media National Policy for the Protection of Human Rights Defenders (Brazil) Asomedios National Media Association (Colombia) NPU National Protection Unit (Colombia) CBDDH Brazilian Committee of Human Rights Defenders OAS Organization of American States CERREM Committee for Risk Evaluation and Recommendation of Measures (Colombia) PPDDH Human Rights Defenders Protection Program (Brazil) CSO Civil Society Organization PROVITA Protection Program for Threatened Victims and Witnesses (Brazil) Fecolper Colombian Federation of Journalists SDH Human Rights Secretariat (Brazil) FLIP Foundation for the Freedom of the Press UDHR HDRDs Universal Declaration of Human Rights Human Rights Defenders ICHR UN Inter-American Comission on Human Rights United Nations 8 9 1 INTRODUCTION It is within this context that we have produced this demands, needs and contexts. Latin America hosts study. Over the last five years, ARTICLE 19 has mon- some of the most dangerous countries in the world itored serious violations of freedom of expression for communicators. Perhaps because of this, sever- faced by communicators in Brazil. During this peri- al mechanisms that seek fulfillment of the obliga- od we have registered 152 cases in which communi- tions of States have been developed in the region. cators have been the victims of homicide, attempt- Although the context of the data varies from coun- ed murders, death threats and kidnappings. These try to country, violence against communicators fol- figures place Brazil among the ten most dangerous low clear structural patterns, and we look at those countries in the world for communicators to work. mechanisms developed in Mexico and Colombia for In this report we present and analyze cases of instance, we do so in order to help us understand serious violations that occurred during 2016 (see better the situation in Brazil and it can be confront- Chapter 2). Figures illustrate a persistent pattern ed. (See Chapter 4.) of incidents by region, of motivation and of perpe- In Chapter 5 we look at the protection mech- trators found in previous years. The figures prove anism that exist in Brazil. This was developed spe- that violence against communicators is not trivial, cifically for the protection of human rights defend- nor is it random. Instead we see that violence is a ers (HRDs) in situations of risk, and differ from systematic means of ensuring silence. other Latin-American contexts. While protections In recognition of the scale and gravity of the can be relevant to both groups we suggest that it is problem, international organizations have been essential to understand and recognize the profile of looking at ways of tackling this violence over a the victim and the context of the violation, in order number of years. Both the UN and OAS, have pro- for the mechanism to be effective. To that end, in Freedom of expression is under attack in Brazil. duced recommendations to guide the way we un- the conclusion to the report we provide recommen- Those words reading like an impact statement, un- derstand the issue, but also a series of standards dations that will enable the State to better confront fortunately, declare the reality on the ground for that look at international protection of freedom of the violence we have documented. many people who work with communication in the expression.(See Chapter 3.) Addressing violence against communicators is country. While censorship in Brazil is not official One basic principle affirmed by these stand- not a problem that is confined to a certain groups of State policy, we see that it is systematically used by ards is that the State has obligations it must ful- professionals. The violence is a matter that affects different actors in a way that silences voices that fill in order to guarantee the means to effectively everyone, because it directly affects the quality of seek to identify, criticize and expose abuses of pow- combat the violence. These include the obligation the information that everyone has access to. Even er to the public. to prevent the violations from occurring; the ob- more so, in many cases, the violence affects the pos- These are the voices of the communicators: ligation to protect the communicators working in sibility of individuals accessing information on people whose regular work and activity involves situations of risk; and the obligation to effectively certain issues. communication and the exercising of freedom of prosecute those who commit these violations.With- Making a problem invisible is a tried and test- expression. It is as a direct result of their activ- out the obligations fully undertaken by the State, ed way to avoid resolving it. This report therefore ity whether by criticisms of those in power - be it it is impossible for the State itself to confront the seeks to make the problem more visible and in- political, economic or military - they suffer many problem. cludes not only recommendations to government different forms of violations to their struggle to The way in which these obligations are - or but an invitation for everyone to join together in speak and be heard. Attempts to impose silence are not - fulfilled by the State varies depending the fight to guarantee the right to freedom of ex- often result in extreme violence. Violations are ex- upon the country and region, as well as internal pression and information in Brazil. perienced as physical and verbal abuse, arbitrary arrest, destruction or illegal confiscation of equip- ment, abusive lawsuits, intimidation, death threats, attempted murders and even homicide. The protection of freedom of expression is vital if we are to guarantee the proper functioning of a healthy civil society. To enhance and protect these basic freedoms we must demand that the State ful- fills its obligation to prevent violence from becom- ing a logical conclusion to the exercising of the fun- damental right to free expression in the country. 12 13 2 GENERAL OVERVIEW OF VIOLATIONS AGAINST COMMUNICATORS IN 2016 14 15 Throughout 2016, ARTICLE 19 consistently mon- expression in 31 cases. (See full list of cases at the itored violations of the freedom of expression in end of this report) WHO SUFFERS THESE VIOLATIONS? Brazil. In those cases in which the violations are This is the fifth annual report that ARTICLE considered to be serious (homicides, attempted 19 has produced on this issue in Brazil, and it is evi- The violations analyzed here affect various profiles Generally, bloggers do not have any institution- murders and death threats), a more in-depth inves- dent that besides the very high figures that contin- of communicators1; that is professional
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