December 2003
FTW BULLETIN
News from the Freedom to Write Committee of PEN American Center
PEN American Center, 568 Broadway, Room 401, New York, NY 10012, 212-334-1660 ext. 105 and 106


CONTENTS

NEWS

  • PEN Hails Releases of Tunisian e-zine Writer and Cuban Journalist

  • NOMINATIONS Sought for the 2004 PEN/ Newman's Own First Amendment Award

  • Raul Rivero, Ruslan Sharipov elected Honorary Members of PEN American Center

  • 69th PEN International Congress Takes On Threats Against Writers

    URGENT ACTIONS

    INTERNATIONAL NEWS AND CAMPAIGNS

    DOMESTIC NEWS AND CAMPAIGNS


  • Raúl Rivero, Ruslan Sharipov elected Honorary Members of PEN American Center

    Members of PEN American Center's Freedom to Write Committee elected Cuban poet, writer, and independent journalist Raúl Rivero and 25-year old Uzbek independent journalist and human rights activist Ruslan Sharipov as Honorary Members at their June and September meetings.

    Rivero was sentenced to 20 years in prison in April 2003 under laws governing the protection of the Cuban state. He was arrested as part of a crackdown on alleged dissidents that began on March 18 and ended in the arrest of more than 80 people. It is reported that Rivero's trial was one of many one-day court hearings held behind closed doors where there was insufficient time for the accused to put together a cogent defence.

    Sharipov was sentenced to 5 & 1/2 years imprisonment in August 2003 under laws criminalizing homosexuality. His sentence was reduced by one year upon appeal. In harrowing letters, Sharipov described the array of physical and psychological tortures he has been subjected to in detention and expressed serious fears for his safety.

    Sharipov appeared at his appeal hearing in September with a suspicious cut above his eye and broken glasses. Officials ascribed the injuries to a minor vehicle accident on the way to court -- an accident in which only Sharipov is reported to have sustained injuries.

    PEN American Center believes both Raúl Rivero and Ruslan Sharipov have been imprisoned in violation of their right to freedom of expression, and is campaigning for their immediate and unconditional release.

    To read more about Raúl Rivero and Ruslan Sharipov, please visit the Honorary Member section of the Freedom to Write website by clicking here.

    HERE'S WHAT YOU CAN DO:
    Please write polite letters to the Cuban authorities on behalf of Raúl Rivero and the Uzbek authorities on behalf of Ruslan Sharipov calling for their immediate and unconditional releases and the dropping of all charges against them.

    *****
    CUBA
    *****

    [Date]

    His Excellency Fidel Castro Ruz
    President of Cuba
    c/o Cuban Mission to the United Nations
    New York, NY
    Fax: (212) 779-1697

    Your Excellency,

    I am writing to express my serious and urgent concern about the continued imprisonment of Raúl Rivero. As you know, in April 2003, Mr. Rivero was sentenced to 20 years in prison solely for exercising his right to free expression and association, rights protected under Articles 19 and 22 of the Universal Declaration of Human Rights. Furthermore, I am shocked that this harsh sentence was handed down just days after he and several other independent journalists were arrested. This raises serious questions concerning due process of law. I respectfully ask that you please reconsider Mr. Rivero's case and in a spirit of humanity order his immediate and unconditional release.

    Sincerely,

    [Your name and signature]

    *****
    UZBEKISTAN
    *****

    His Excellency President Islam Abduganievch Karimov
    Rezidentsiya prezidenta
    Tashkent 70000
    Republic of Uzbekistan
    Fax: + 998 71 139 5625

    H. E. Rashidjon Hamidovich Kodirov
    Prosecutor General's Office of the Republic of Uzbekistan
    Ul. Yahyo Gulomov 66
    Tashkent 70000
    Republic of Uzbekistan
    e-mail: prokuratura@lawyer.com

    Your Excellencies,

    I am writing to express my grave and urgent concern over the continued imprisonment of Ruslan Sharipov. I fear that his closed trial was unfair and that he has been sentenced in reprisal for his criticisms of the Uzbek government. I am also extremely fearful for his safety in detention. I therefore urge the Uzbek authorities to release Ruslan Sharipov immediately pending an independent review into his trial and the sentences entered against him.

    Sincerely,

    [Your name and signature]

    Cc:
    H.E. Shavkat S. Khamrakulov
    Ambassador Extraordinary & Plenipotentiary
    1746 Massachusetts Avenue NW
    Washington, DC 20036
    Fax (202) 293-6804


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    International PEN´s Mexico City Congress Marks Release of Major Reports

    The Writers in Prison Committee of International PEN released major reports concerning attacks on writers and journalists around the world at PEN´s 69th International Congress, held in Mexico City from November 22-28, 2003.

    In the last decade, PEN has recorded more than 400 killings of writers and journalists internationally, most of whose killers still enjoy complete impunity for their crimes. In its report on such impunity, delivered at this Congress, PEN called upon the United Nations, the Inter-American Commission on Human Rights of the Organisation of American States, and national governments to give the highest priority to bringing to justice those who use murder as the ultimate tool of censorship. Click here to download a PDF version of the Impunity Report from the PEN Canada website.

    PEN has also been proud to present to this Congress a unique study of the worldwide impact on free expression of the post-9/11 “anti-terror” climate. As well as the chilling effect of the US PATRIOT Act, PEN also noted that the terminology of terrorism has been used as a pretext to suppress dissenting voices in all four corners of the globe. Among the countries under scrutiny in the report are Colombia, China, Turkey, Spain and the United Kingdom. Click here to view more information about PEN's report "Anti-Terrorism, Writers and Freedom of Expression."

    At this Mexico City Congress, the Writers in Prison Committee passed resolutions condemning attacks on writers in Algeria, Armenia, Belarus, Burma, China, Cuba, Ethiopia, Iran, Italy, Russia, Syria, Tunisia, Turkey, USA, Vietnam and Zimbabwe. Two resolutions were also passed on Killings of Writers in the Americas, and Impunity Worldwide.

    For more detailed information on the 69th PEN International Congress, please click here.


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    Ongoing Repression in Morocco

    PEN is seriously concerned about the alarming and disturbing trend in Morocco, where authorities appear to be using anti-terrorist legislation to suppress writers and journalists since May. Seven Moroccan journalists have been detained in connection with their work, and two remain imprisoned, Ali Lmrabet, since May 21st, and Mohammed Al-Herd since June 13th. The five others, Moustapha Kechnini, Abdelaziz Jallouli, Miloud Trigui, Mohammed el Hourd and Abdelmajid Ben Taher, have been given prison sentences of between 18 months and three years, but are presently free pending appeals.

    This sharp deterioration in press freedom comes amid efforts on the part of the Moroccan authorities to confront terrorism. The crackdown began after the May 16th terrorist attacks in Casablanca, which killed 44 people. An anti-terror law passed soon after the attacks has been used repeatedly to detain reporters who have written about militancy in the country.

    For more detailed information on Morocco, please click here.

    PEN American Center protests the detention and prosecution of the aformentioned journalists under anti-terror legislation. It believes they have been prosecuted for the peaceful exercise of their right to freedom of expression as guaranteed under Article 19 of the International Covenant on Civil and Political Rights, to which Morocco is a signatory. PEN calls on the Moroccan authorities to reverse these sentences and affirm their commitment to a free press.

    HERE'S WHAT YOU CAN DO:
    Please write a polite letter to the Moroccan authorities expressing concerns about the convictions and charges against the writers and journalists, and calling upon the authorities not to use newly-introduced anti-terrorist laws to violate the right of Moroccans to express themselves without fear of reprisals. You may copy the suggested text for your appeal or write your own.
    [Date]

    His Excellency Driss Jettou
    Prime Minister of the Kingdom of Morocco
    Rabat
    Morocco

    Fax: +212 37769995

    Your Excellency,

    I am writing to express my concern about the detention of and charges against the writers and independent journalists Ali Lmrabet, Abdelaziz Jallouli, Miloud Trigui, Mustapha Alaoui, Mohammed el Hourd, Abdelmajid Ben Taher and Mustapha Kechnini. I believe that their convictions constitute a violation of the detainees' universally guaranteed right to freedom of expression, and I therefore respectfully call upon the Moroccan authorities to reverse all charges against them and release those who are currently in detention.

    Sincerely,

    [Your name and signature]

    Cc:
    H.E. Aziz Mekouar
    Embassy of the Kingdom of Morocco
    1601 21st Street, NW
    Washington, DC 20009
    Fax: (202) 265-0161



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    IMPUNITY WATCH ACTION 3 (September 26, 2003)

    As part of the ongoing Impunity Campaign, the PEN Writers in Prison Committee circulated the following details of killings of writers and journalists since July 24, 2003. Appeals calling for a full and proper investigation into the deaths may be sent as suggested below. You may also access this information, plus all the latest on the impunity campaign, on the Canadian PEN website (www.pencanada.ca/impunity/)

    July 27th, Nepal: Amar Lama, managing editor of the weekly Tajakhabar, killed in Naya Bazar, Kritipur town, 10 km south of Kathmandu. Witnesses say that men posing as police officers apprehended Lama outside his newspaper office, and then attempted to abduct him. Lama is said to have fled but was caught and shot at point blank range. The murder may be linked to Lama's political activities. He was a member of the Nepali Congress Party but had been freed in 1998 after five years in prison. He was the surviving member of a car crash in which two Communist Party of Nepal members died. He was convicted of murder and sentenced to life in 1993, but this was overturned on appeal to the Supreme Court.

    August 19th, Philippines: Noel Villarante, radio reporter and columnist for the local Laguna Score newspaper, shot dead outside his home in Santa Cruz, Laguna Province. He is said to have been shot once, and was able to run into his house. However, as his relatives attempted to get him to the hospital, he was shot twice in the head. Villarante is known for his reporting on crime and corruption.

    September 8th, Nepal: Gyandendra Khadka, age 35, a journalist for the National News Agency, and a part-time teacher, taken from a parents meeting at the school he where he was a teacher by Maoist guerrillas. He was led to a spot a few minutes' walk from the school, where his captors bound him to a post and slit his throat. The motive for the killing is not clear.

    September 12th, Japan: Satoru Someya, freelance journalist , age 38, whose body was found near a pier in Tokyo Bay. He had suffered stab wounds to his back and head, and his body was weighted with chains. An autopsy found that he had been dead around two weeks. He had been missing since 5 September. It is thought that Someya's death may be linked to his investigative journalism into organised crime. In July 2003 he had p ublished a book on his findings on criminal rings in Tokyo's red light district and at the time had expressed fears for his own safety. Police suggest that Someya's death may be linked to his financial problems, and that he appears to owe money to a number of acquaintances.

    September 15th, Kyrgyzstan:Journalist Ernest Nazalov , age 27, worked for Kyrgyz Ruhu, and had earlier worked for the youth newspaper, Civindem for which he was investigating local government corruption. He had reportedly been set upon and beaten by unknown persons two weeks before his death.

    September 18th, India: Parmanand Goyal, journalist for the daily Punjab Kesari, shot dead by unidentified men outside his home after a heated argument. His son, who had witnessed the killing, said the men had threatened his father, telling him to stop writing critical articles about the police and a specified political figure. Goyal had only recently been freed after being detained since May 2003 on corruption charges, accusations his family says had been fabricated.

    HERE'S WHAT YOU CAN DO:
    Please write a polite letter to the authorities in each respective country calling for a full and impartial investigation into the murders. In appeals to Nepal, note the current critical situation in the country, expressing regret that peace negotiations between the Maoist guerrillas and the government have broken down and the violence increased. Remind the government of Nepal of its obligation to uphold the human rights provisions contained in the country's constitution and the international treaties to which it is a state party.

    Below is a suggested text for your appeal as well as addresses for the governments where murder has ocurred with impunity.

    [Date]

    Your Excellency,

    I am writing to express my serious disappointment at the murder of journalist [name] in [city] on [date]. I respectfully call upon the authorities to carry out an exhaustive investigation into his killing and to bring those responsible to justice. I also urge the government to take steps to safeguard journalists in your country from attacks.

    Sincerely,

    [Your name and signature]

    Addresses:

    NEPAL

    Prime Minister Surya Bahadur Thapa
    Prime Minister's Office
    Singha Durbar,
    Kathmandu
    Nepal
    Fax: +977 14227 286

    PHILLIPINES

    Secretary of Justice
    Secretary Hernando Perez
    Department of Justice
    Padre Faura, Ermita, Manila
    Philippines
    Fax: + 63 2 521 1614

    JAPAN

    Prime Minister Junichiro Koizumi
    Prime Minister's Residence
    1-6 Nagata-cho
    Chiyoda-ku
    Tokyo 100
    Japan

    KYRGYZTAN

    Ministry of Justice
    Mr. Daniyar Narynbaev
    37, ul. Orozbekova,
    Bishkek, 720040
    Kyrgyztan
    Fax: +996 (312) 663044

    INDIA

    Shri L.K. Advani
    Deputy Prime Minister
    Room No.104
    North Block
    New Delhi 110 001
    India
    Fax: + 91 11 309 4221




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    Myanmar Actions Decry Arbitrary and Prolonged Detention of Writers

    PEN Members and Friends of PEN conducted a coordinated, worldwide campaign from September 15 through October 10, 2003 to focus attention on the plight of colleagues currently in prisons in Myanmar (Burma). This campaign focused on eight writers currently in prison or under house arrest. They are:

    • Daw Aung San Suu Kyi- leader of the National League for Democracy (NLD) and author of many books, including Freedom From Fear (1991), Letters from Burma (1997), and The Voice of Hope (1997);

    • Aung Myint- Poet, journalist, and head of the information department of the National League for Democracy (NLD) in Rangoon, sentenced to 21 years' imprisonment;

    • Ko Aung Tun and U Myo Htun- writers sentenced to 13 years and 7 years in prison respectively;

    • Khin Zaw Win- a dentist, interpreter, former speech and report-writer for UNICEF and student, arrested in 1994 and sentenced to 15 years in prison;

    • Kyaw Sein Oo- Accused with Aung Myint (see above) of distributing information regarding the repression of the NLD to international press agencies and to Western diplomats based in Rangoon;

    • U Ohn Kyaing- an MP, translator and former editor sentenced to 7 years hard labour and an additional 7 years' imprisonment;

    • U Sein Hla Oo- a journalist with the daily Botahtaung and a well-known short story writer, was also MP-elect for National League for Democracy; and,

    • Win Tin- Former editor of the daily Hanthawati, sentenced to a total of 20 years' in prison with hard labor.

    • For complete case information and letter writing instructions click here.


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    Francophone North Africa Campaign Highlights Freedom of Expression,
    Press Freedom Concerns

    From September 1-12, PEN drew attention to the continued repression of the freedom of expression of writers and journalists in the Francophone North African countries of Algeria, Morocco and Tunisia. While writers in Algeria continue to be arbitrarily detained for pursuing their work, freedom of expression for writers in Morocco and Tunisia is also coming under increased pressure in the aftermath of the attacks on the United States on September 11, 2001.

    For full information on PEN's Francophone North Africa Campaign and on how to send letters in support of these imprisoned writers, click here.

    Note that since the conclusion of the campaign, Tunisian e-zine Writer and PEN American Center Honorary Member Zouhair Yahyaoui was released.

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    The Legal Front:
    PEN Weighs in on Three First Amendment Cases

    PEN American Center has joined amicus curiae briefs submitted in key First Amendment cases currently under review in Michigan, California, and Texas.

    In Michigan, where the ACLU has filed the first challenge to Section 215 of the USA PATRIOT Act (Muslim Community Association of Ann Arbor v. John Ashcroft), PEN co-signed a brief submitted on behalf of literary and First Amendment organizations. The brief specifically challenges the provisions of Section 215 that allow federal law enforcement and intelligence agencies access to bookstore sales and library lending records, even records of patrons not suspected of involvement in terrorism-related activities, and the related provision imposing a gag order which prohibits booksellers and librarians from reporting that they've been served with Section 215 subpoenas. Arguing that Section 215 implicates core First Amendment values, the brief asserts that the section unconstitutionally allows the government to obtain First Amendment-protected materials with any showing of need or relevance; and that the section's automatic gag rule directly violates the First Amendment. The brief, prepared under the auspices of the American Booksellers for Free Expression, is available at http://abffe.org/pdfs/amicus_brief.pdf.

    In California, PEN has lent its support to an effort to overturn the conviction of a juvenile known in court documents as "George T" for allegedly making criminal threats in a poem. The poem was one of several the junior high school students showed classmates in his new school; entitled "Faces," it appeared on a page headed "Dark Poetry" and features a speaker who compares himself to kids who "bring guns to/kill students at school." The student was convicted in juvenile court of "making criminal threats." That conviction is now on appeal before the California Supreme Court. In an amicus curiae brief submitted in support of George T, PEN American Center joined with leading literary figures including J.M Coetzee, Michael Chabon, Peter Straub, Harlan Ellison, and organizations including the ACLU of Northern California and Feminists for Free Expression in arguing that the lower court erred in reading the poem as a true threat under law. The remarkable brief, prepared with the input of individual writers under the auspices of the First Amendment Project in San Francisco, is available at http://www.thefirstamendment.org/amici.html.

    Finally, in Texas, PEN was one of 16 publishing, media, and First Amendment advocacy organizations to endorse an amicus curiae brief submitted in support of New Times Inc., the publishers of a number of free weekly newspapers including the Dallas Observer, in a case that has raised concerns about whether satirical writings can trigger lawsuits for defamation. The suit centers on a fake news story entitled "Stop the Madness" that appeared in the Dallas Observer in November 1999 following a 'George T'-like incident in Ponder, Texas. In that incident, a 13-year-old boy was jailed for "making terrorist threats" for a Halloween story in which he described the shooting of two classmates and the accidental shooting of a teacher; "Stop the Madness" purported to chronicle a subsequent incident in which a 6-year-old girl was arrested during story time at her school on similar grounds for her book report on Maurice Sendak's Where the Wild Things Are. The Ponder, Texas prosecutor and the judge who handed down the sentence to the 13 year-old boy won a defamation suit, but New Times appealed. The Association of American Publishers spearheaded the amicus curiae brief which PEN has co-signed; the brief argues that "Stop the Madness" is a clearly satirical piece that is a Constitutionally-protected form of Political Speech. The brief is available at http://www.publishers.org/press/pdf/Isaacks%20Amicus%20Brief%20with%20appendix.pdf.

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    To Previous FTW Bulletins:

    April 2003

    November 2002

    May 2002

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