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Criminal Defamation and "Insult" Laws in Romania: An Update
A Summary of Free Speech Developments in Romania
Thursday, June 20, 2002

This memorandum is part of a continuing series of human rights reports prepared by the staff of the Commission on Security and Cooperation in Europe.

(Editor’s note: This is an update of the May 24, 2002 article concerning Romania’s criminal defamation laws.)  

Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law.

Criminal defamation and “insult” laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech.

Criminal Defamation Laws

All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person’s reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discrete offense, as distinct from defamation of a person.

Truthful statements – as well as unverifiable statements of opinion – are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: “The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance.” (Lingens v. Austria, Eur. Ct. H.R., 1986.)

Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim.

It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary.

“Insult” Laws

"Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the “state” itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor.

Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms.

Their Use Today

At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government.

Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax dollars of the public to protect their reputations. In some OSCE countries, such laws are still used to systematically punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes.

The International Context

Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national Helsinki Committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee, Romanian Helsinki Committee and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières.

Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms:

  • “Expression should not be criminalized unless it poses a clear risk of serious harm. . . . Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed.”

  • “Criminal defamation laws should be abolished.”

  • “Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . .”

(See: “Statement Regarding Key Issues and Challenges in Freedom of Expression,” agreed by Santiago Canton, OAS Special Rapporteur on Freedom of Expression; Freimut Duve, OSCE Representative on Freedom of the Media; and Abid Hussain, UN Special Rapporteur on Freedom of Opinion and Expression, February 2000, www.article19.org. See also “Insult Laws: An Insult to Press Freedom,” published by the World Press Freedom Committee, www.wpfc.org.)

Finally, the United States Department of State regularly reports, in its annual Country Reports on Human Rights Practices, on cases where criminal defamation or insult laws have been used and, at OSCE meetings, regularly calls for the repeal of such laws.

Free Speech Cases in Romania

Since the end of the Ceausescu era, non-governmental human rights groups, free speech advocates, journalists’ associations and others have called for the repeal of Romania’s criminal defamation and insult laws. These laws have been widely criticized and their use documented, including by Amnesty International (www.amnesty.org), the non-governmental free speech watchdog Article 19 (www.article19.org), Freedom House (www.freedomhouse.org), the Romanian Helsinki Committee (www.apador.org), the Parliamentary Assembly of the Council of Europe (Resolution 1123/1997), and the U.S. State Department (“Country Reports on Human Rights Practices” for calendar year 2001,www.state.gov). While similar reports on other countries in Central Europe often detail specific cases of individuals charged with criminal defamation or insult, cases in Romania are so numerous they are often described not by individual names but, collectively, by triple-digit figures. For example, according to a statement by Article 19 and the Center for Independent Journalism, Romania, delivered at the March 2001 OSCE Supplementary Human Dimension Meeting on Freedom of Expression – convened during the Romanian Chairmanship of the OSCE – official statistics indicated that over 225 people were in prison at that moment for speech “offenses” against the authorities. More recently, the Associated Press reported: “Currently some 400 journalists are being sued for libel and insulting authorities” (“Romania pledges to abolish communist-era laws restricting free speech,” May 5, 2002). A Romanian Government paper published in April 2002 states that:

During 2001, 483 persons were convicted with definitive sentences for calumny [defamation] (art. 206), out of which 33 were journalists. 13 journalists were required to pay a penal fine and in 20 cases the sentences were conditionally suspended. [ . . . ] Currently, a number of 562 charges of calumny are brought to the attention of the Courts and 84 cases are being contested in the Courts of Appeal.

When individual cases are reported in detail, they illustrate the conflict between Romania’s criminal defamation/insult laws and basic free speech norms. For example, in December 2001, the General Prosecutor announced that he was investigating whether the singing of the Hungarian national anthem at aprivate meeting constituted a violation of article 236 (defamation of national symbols). That is, he used scarce taxpayer resources to consider whether people should actually be sent to prison, for up to three years, for singing.

On March 7, 2002, the Romanian Government adopted Decision No. 223 regarding, i.a.., the intoning of national anthems. This decision provided that the playing of national anthems of states other than Romania may be played at certain ceremonies and that certain ethnic minorities may use their own symbols. Although the issuance of this decision appears to have been intended to preclude the General Prosecutor from interpreting article 236 as criminalizing the playing of the Hungarian anthem by members of the Hungarian minority at meetings of their organizations, it appears that the exception to the General Prosecutor’s interpretation is narrowly crafted and, therefore, he might continue to seek to imprison those who engage in the unauthorized singing, humming or playing on any musical instrument, including kazoos, of a national anthem.

Renewed calls for Romania to repeal articles of the criminal code that restrict free speech have often followed controversies triggered by government actions perceived as hostile to free speech and an independent media. In May 2001, Justice Minister Rodica Stanoiu called for increasing criminal penalties for defamation, exactly contrary to the recommendations of, i.a., the Council of Europe and the OSCE Representative on Freedom of the Media. Although President Ion Iliescu and Prime Minister Adrian Nastase subsequently stated they did not support jail terms for press offenses, they failed to call for the full repeal of the range of articles in the penal code that, at present, still permit journalists and others to face criminal charges for their speech.

In January 2002, another controversy erupted when the General Prosecutor ordered the arrest of Ovidiu Cristian Iane and the search of Mugur Ciuvica’s home. The two men, a journalist and former government official respectively, were suspected of circulating email messages (under the title “Armageddon II”) accusing Prime Minister Nastase of corruption. These actions were portrayed by the General Prosecutor as damaging to national security and Romania’s international relations and a violation of article 168 of the criminal code (disseminating false information, a provision, in other penal codes, generally intended to cover acts that might create a threat to the public, such as making a false bomb threat). Although Prime Minister Nastase later acknowledged that he had overreacted, he failed to call for the full repeal of the range of relevant articles in the penal code.

Another controversy unfolded after the Wall Street Journal published a report on May 3, 2002, entitled “Among NATO Applicants, Romania Draws Particular Scrutiny.” Romanian journalists then reported on the story, including the assertion that the continued presence of Securitate agents in Romania’s security services is a matter of concern in the context of Romania’s candidacy for NATO. On May 10, Minister of Defense Ion Mircea Pascu issued – in writing – a warning to journalists that “life is too short, and your health has too high a price to be endangered by debating highly emotional subjects.” In addition to heightening concern that old Securitate practices, if not actual agents, are alive and well in Romania’s security services, the written threat triggered yet another row between the government and journalists. On May 16, Minister Pascu issued another statement, saying he regretted that his May 10 statement had been misinterpreted and that it was only intended to be humorous.

More recent developments have further undermined confidence in the government’s stated policy of supporting free speech and an independent media. First, the government was forced to concede that it was considering a “plan to counter attacks against Romania” – the “attacks” being any news reporting critical of the government. Non-governmental free speech groups, such as Reporters sans frontières, were quick to condemn the ill-conceived plan. At roughly the same time, a law that would require print media to publish rights of reply by anyone offended by an article cleared the Senate. The law was spearheaded by Defense Minister Pascu, although Defense Ministries do not normally have jurisdiction over media affairs. The measure had already been approved by the Chamber of Deputies, but international condemnation led President Iliescu to reverse his previous endorsement of the law.

These events nearly overshadowed the government’s adoption of an emergency ordinance, adopted on May 23, 2002, that had the effect of amending the penal code.

This ordinance (see below for the specific changes) makes some improvements to the Romanian penal code, in part by reducing the criminal penalties for some speech offenses and repealing one article altogether. The ordinance leaves in place, however, five articles which impose some kind of criminal liability for defamation or insult. Criminal convictions, even ones that merely result in fines or suspended sentences, still have other legal consequences. Indeed, in January 2002, the OSCE Representative on Freedom of the Media reiterated his view, in the context of a criminal trial of a Belgrade editor, that “no journalist should go to prison or be sentenced to a prison term, even a suspended one, for performing his/her professional duties.

The government is likely to send a draft bill to the parliament to make formal changes to the penal code. While the May 23 ordinance falls short of removing all of the elements which restrict free speech in violation of Romania’s international commitments, the government could expand the scope of its emergency ordinance before sending it to the parliament for action. In particular, defamation should be decriminalized and the offense of “insult” removed from Romanian law altogether.

Relevant Romanian Laws

The articles of the Romania criminal code which are not consistent with Romania’s freely undertaken commitments are:

  • article 205 (insult; punishable by up to two years in prison)-- the May 23, 2002 emergency ordinance reduces the penalty for this crime to a fine;
  • article 206 (defamation; punishable by up to three years in prison)-- the May 23, 2002 emergency ordinance reduces the maximum penalty for this crime to two year in prison ;
  • article 236 (defamation of national symbols; punishable by up to three years in prison);
  • article 236/1 (defamation of the country or nation; punishable by up to three years in prison);
  • article 238 (insult or defamation of public officials; punishable by up to seven years)-- the May 23, 2002 emergency ordinance repeals this article ;
  • article 239 (insult or defamation of civil servants; punishable by up to seven years in prison)-- the May 23, 2002 emergency reduces the maximum penalty for this crime to four years in prison .

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

Relevant countries: 
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He feels that he cannot, in good conscience, call on Russians to risk their freedom and lives to resist the evils and complacency of Putin’s Russia if he is comfortably out of harm’s way himself.  Two weeks before his arrest, Vladimir testified at a Helsinki Commission hearing on propaganda and censorship in Russia, where he warned that speaking out against the war in Ukraine is now grounds for prosecution in Russia, yet he refused to be silent. Though now deprived of his physical freedom and in grave danger, Vladimir’s spirit is unbroken; he is unafraid; and he continues to believe that Russia will one day become a democratic, European state. He sees the Ukraine war as the last desperate gasp of Putinism, the beginning of the end. In our many meetings over the years, Vladimir has always reminded us of the need to remember prisoners of conscience and speak their names. As Vladimir now ranks among these hundreds in Russia, and even more throughout the rest of the world, we will remember him. I call upon my colleagues to do the same; there is hope and power in not being forgotten. Mr. President, I ask unanimous consent that the letter to President Biden that I referred to a moment ago be printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows: MAY 5, 2022. President JOSEPH R. BIDEN, JR., The White House, Washington, DC. DEAR PRESIDENT BIDEN: We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, KaraMurza called this regime ‘‘a regime of murderers.’’ He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him ‘‘one of the most passionate and effective advocates for the passage of the Magnitsky Act.’’ Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most ‘‘pro-Russian law passed in the United States in the history of our countries.’’ Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. KaraMurza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely, Ben Cardin, Jeanne Shaheen, Roger Wicker, Sheldon Whitehouse, U.S. Senators. Steve Cohen, Gerald Connolly, Brian Fitzpatrick, Richard Hudson, Marcy Kaptur, Adam Kinzinger, Peter Meijer, Gwen Moore, Katie Porter, Abigail Spanberger, Joe Wilson, John Curtis, Ruben Gallego, Sheila Jackson Lee, Bill Keating, Tom Malinowski, Mike Levin, Burgess Owens, Marı´a Elvira Salazar, Marc Veasey, Members of Congress. 

  • Helsinki Commission Digital Digest April 2022

  • Diverse Voices Reporting From Ukraine

    Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"

  • Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'

    An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."

  • Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs

    A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

  • Journalists Reporting from Ukraine to Speak at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA  

  • Outrage and Worry: Kremlin Critic's Arrest Heightens Concerns Of Putin's Crackdown

    Russian opposition politician and Washington Post contributor Vladimir Kara-Murza was detained by Russian authorities in Moscow on Monday, hours after calling the Kremlin “not just corrupt” or “authoritarian” but a “regime of murderers” in a CNN+ interview—a development that has only heightened concerns about the threat of speaking out against Vladimir Putin. “I think a lot of people are very worried about what's going to happen next,” CNN+ anchor Sara Sidner, who conducted the interview, told CNN’s John Berman on Tuesday. On Wednesday, CNN’s Brian Stelter asked Sidner whether she feels any guilt. “Sure. A little bit," she replied. "I think it’s more nervousness because I know that he was the one that disclosed where he was." In his interview with CNN+, Kara-Murza acknowledged the risk he was taking, and is personally familiar with Putin's brutal tactics. His close friend and associate Boris Nemtsov, a former Russian deputy prime minister turned fierce Putin critic, was shot dead in 2015, and Kara-Murza himself has survived two poisonings, both of which left him in a coma, that he has blamed on the Kremlin. While many dissidents have fled Russia amid Putin’s latest crackdown on independent media, Kara-Murza is among few who have stayed. And he has continued to criticize Putin’s unprovoked invasion of Ukraine despite facing up to 15 years in prison for doing so under the Kremlin’s draconian new law. “This is where I have to be,” Kara-Murza told MSNBC’s Ali Velshi in an interview Sunday. “We all know the price.” Asked what kinds of considerations CNN made before airing Kara-Murza’s interview, a CNN spokesperson pointed Vanity Fair to Sidner's comments on Tuesday and Wednesday. MSNBC did not immediately respond to a request for comment. On Tuesday, a day after he was reportedly arrested outside his home on charges of disobeying the police, the political activist and journalist was sentenced to 15 days in jail. The same day, the Post published an editorial commending Kara-Murza’s willingness to publicly speak out against the Kremlin in columns for the Post and elsewhere, and called for his release. “What is abundantly clear is that Mr. Putin has once again put a critic in his crosshairs, every day sinking Russia deeper into totalitarianism, intolerant of free thought or dissent,” the Editorial Board wrote. Post publisher Fred Ryan also demanded Kara-Murza’s immediate release in a statement that called his detention the latest in Putin’s ongoing effort to “hide the truth about the atrocities Putin is committing in the Russian people’s name.” Kara-Murza’s detention is also prompting outrage in Washington. Leaders of the Helsinki Commission, an agency that heard from Kara-Murza last month at its hearing about Putin’s “war on truth,” were “alarmed” by Kara-Murza’s detention, according to a joint statement issued by Sen. Ben Cardin, Co-Chairman Rep. Steve Cohen, and Ranking Members Sen. Roger Wicker and Rep. Joe Wilson. “Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people,” they wrote, demanding he “be allowed access to his lawyer and should be released immediately.” Authorities have denied Kara-Murza access to legal counsel in violation of his constitutional rights, the Commission's press release said. The poisonings that Kara-Murza endured in 2015 and 2017, he said, were reprisals by the Kremlin for his advocacy of Western sanctions against the Russian government—accusations the Kremlin has denied, but that the Post notes are bolstered by “investigations by independent organizations [which] found that he had been followed by members of the same federal agency that allegedly poisoned jailed Kremlin critic Alexei Navalny and at least three other opposition figures.”

  • Helsinki Commission Calls for the Immediate Release of a Vocal Kremlin Critic Detained in Moscow

    Western officials are calling for Russian authorities to release a prominent opposition activist and critic of the invasion of Ukraine after reports of his arrest emerged Monday. The activist, Vladimir Kara-Murza, has since been sentenced to 15 days in jail on the charge of disobeying a police order. The police detained Kara-Murza on the street near his Moscow home, according to the Helsinki Commission, a U.S. government agency focused on security and human rights. His lawyer told the independent news outlet Sota that he had been detained, and activist Ilya Yashin also confirmed news of Kara-Murza's arrest on Twitter. Kara-Murza's lawyer, Vadim Prokhorov, said his client was arrested on charges of disobeying police orders and faced up to 15 days in jail or a small fine, The Guardian reports. Secretary of State Antony Blinken tweeted Monday that the U.S. is "troubled" by Kara-Murza's detention. "We are monitoring this situation closely and urge his immediate release," he added. His lawyer promises to appeal the sentence The Khamovniki district court in Moscow sentenced Kara-Murza to 15 days in jail at a hearing on Tuesday, according to Prokhorov. Prokhorov wrote on Facebook that police say Kara-Murza "behaved erratically after seeing police officers, changed the trajectory of his movement, quickened his pace and responded to the demand to stop by trying to flee," according to an English translation. He rejects this claim, saying instead that police were waiting for Kara-Murza at the entrance to his home and detained him as soon as he got out of his car. Prokhorov vowed to appeal the sentence. Both the Free Russia Foundation and Helsinki Commission allege that authorities denied Kara-Murza access to legal counsel — in violation of his rights — while he was being held in a Moscow police station ahead of his hearing. They are among those calling for his immediate release. "Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately," reads a joint statement by Helsinki Commission Chairman Sen. Ben Cardin, co-chairman Rep. Steve Cohen and ranking members Sen. Roger Wicker and Rep. Joe Wilson. The longtime Kremlin critic has been speaking out against censorship and the war Kara-Murza is a vocal critic of the Kremlin who held leadership roles in Open Russia and the Free Russia Foundation, organizations that the Russian government has deemed "undesirable." Kara-Murza also hosted a weekly program on the since-shuttered Echo of Moscow radio station and writes columns for The Washington Post. Notably, he fell seriously ill in Moscow in 2015 and 2017 in incidents of suspected poisoning that he blames on the Russian authorities. "Given the sophisticated type of poison, I think it's people who have been or are connected with the Russian special services," he told NPR in 2017. Kara-Murza was also close friends with Boris Nemtsov — a former Russian deputy prime minister-turned-vocal Kremlin critic who was shot dead in Moscow in 2015 — and the late U.S. Sen. John McCain, at whose funeral he served as a pallbearer. Kara-Murza has spoken out against Russia's war in Ukraine in recent weeks. He testified at a March 29 Helsinki Commission hearing and, in his opening remarks, described what he called two parallel wars launched by Russian President Vladimir Putin the previous month. "One, which continues to this day, was his unprovoked and unlawful aggression against Ukraine," he said. "The other, which was concluded effectively and swiftly, was his blitzkrieg against what remained of independent media in Russia." As Kara-Murza noted, Russians who speak out against the war — and even use that term to describe it — can face up to 15 years in prison, under a restrictive new law that has prompted an exodus of independent journalists and foreign media from the country for fear of prosecution. Kara-Murza has continued doing interviews with Western outlets and spoke to CNN just hours before his arrest. In that conversation, he referred to the Russian government as "a regime of murderers" and explained why he was staying in Moscow despite the risks. "Look, I'm a Russian politician — I have to be in Russia, it's my home country," he said. "I think the biggest gift ... those of us who are in opposition to Putin's regime could give to the Kremlin would be just to give up and run. And that's all they want from us."

  • Helsinki Commission Leaders Alarmed by Detention of Vladimir Kara-Murza

    WASHINGTON—Following Monday’s arrest of prominent pro-democracy Russian statesman and outspoken Kremlin critic Vladimir Kara-Murza, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.” On April 11, Vladimir Kara-Murza was detained on the street near his Moscow home. He currently is being held in the Khamovniki police station in the Central Administrative District of Moscow, where authorities have denied him access to his legal counsel in violation of his constitutional rights. Reports indicate that he has been charged with an administrative offense. It remains unclear if he is undergoing interrogation while in custody. His trial is scheduled for April 12. Mr. Kara-Murza was poisoned twice by the Kremlin in 2015 and 2017. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said.

  • Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-Murza

    A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.

  • Russia Critics Press Congress for Curbing Moscow's Role in International Groups

    Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.

  • Helsinki Commission Digital Digest March 2022

  • Putin's War on Truth

    Since his full-scale military attack on Ukraine began on February 24, Russian dictator Vladimir Putin has cracked down severely on Russia’s information landscape. In addition to blocking access to almost all social media outlets and international news sites and criminalizing speech that does not conform to the Kremlin narrative, Putin has deliberately and forcefully spread propaganda about the war and the Ukrainian state and people.  By depriving the Russian people of access to credible information and controlling state-run media, Putin aims to drum up domestic support for his war of pure aggression on the peaceful, democratic citizens of Ukraine. At a hearing on March 29, 2022, the U.S. Helsinki Commission heard from three expert witnesses who discussed Putin’s propaganda tools and narratives and offered recommendations for the United States to help ensure that the people of Russia are not cut off from the truth. Parliamentarians from the OSCE Parliamentary Assembly (PA) also attended, including President of the OSCE PA Margareta Cederfelt (Sweden), and OSCE PA Vice Presidents Pascal Allizard (France) and Irene Charalambides (Cyprus). Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who presided over the hearing, compared Putin’s current propaganda and censorship campaigns and practices to the Stalin era and called out claims that Russia is trying to “denazify” Ukraine. “Putin is building a new iron curtain and attempts to justify his indefensible war and continued attacks against the Ukrainian people,” he said. Helsinki Commission Chairman Sen. Ben Cardin (MD) described recent and upcoming hearings, emphasizing the Helsinki Commission’s focus on the war in Ukraine. He stated, “There’s no higher priority that we have right now than to deal with what Russia has done in violating every single principle of the Helsinki Final Act – every single principle.” Ranking Member Rep. Joe Wilson (SC-02) praised the unified bipartisan stance that Republicans and Democrats have taken in response to Putin’s invasion of Ukraine and highlighted the dire consequences ordinary Russians have faced in speaking out against Putin or the war. “I am particularly grateful to the brave Russians… armed only with truth who have spoken out at great risk to their personal safety,” he said. Senator Richard Blumenthal (CT) remarked on the intrinsic connection between the war in Ukraine and the war on truth in Russia, emphasizing that as the West fortifies Ukrainian freedom-fighters with arms and equipment, we must also fortify the efforts of truth-tellers. Fatima Tlis, a journalist with Voice of America, described contemporary Russian propaganda as a combination of old techniques and new technology, comparing disinformation deployed by the Kremlin to a soap opera—intriguing and engaging to the audience. Tlis emphasized that full force propaganda has been deployed against the Russian people for decades and it will require an intelligent strategy to counteract it. She recommended utilizing humor, referencing a satirical TV show that Putin shut down shortly after coming to power. “He’s afraid of being laughed at because, you know, the great czar cannot be laughed at,” she observed. “He loses his power. People are not afraid of him anymore if they can laugh at him.” Peter Pomerantsev, a senior fellow at the SNF Agora Institute at Johns Hopkins University, described the need for a coordinated, three-pronged response to Russian propaganda by government entities, tech companies, and media. While Russia is the most pressing challenge, Pomerantsev pointed out that China, Saudi Arabia, and other countries are also engaging in these practices. He called for comprehensive action to combat the Russian disinformation complex and said, “Where they have troll farms, we will have online town halls.  Where they use disinformation to manipulate people, we will use communication to engage with them as citizens.” Vladimir Kara-Murza, Russian journalist, author, and former host at Echo of Moscow Radio, spoke to the comprehensive program of disinformation that Putin has installed in Russia from his first days in office, and highlighted the difficulties independent media outlets in Russia face, including being forced to cease operations. He also recalled the Soviet-era example of using radio broadcasts to combat a new information Iron Curtain. “Nothing beats totalitarian propaganda better than the truth,” he said. Members brought a number of concerns and questions to witnesses, ranging from how to support Russian dissidents, to which techniques would be the most effective in distributing accurate information to Russian citizens. Related Information Witness Biographies Vladimir Kara-Murza: "Why the West should help Russians learn the truth about Putin’s war in Ukraine"

  • Helsinki Commission to Hold Hearing on Russian Propaganda and Censorship

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUTIN'S WAR ON TRUTH Propaganda and Censorship in Russia Tuesday, March 29, 2022 2:00 p.m. Rayburn House Office Building Room 2172 Watch live: www.youtube.com/HelsinkiCommission Since his full-scale military attack on Ukraine began on February 24, Russian dictator Vladimir Putin has cracked down severely on Russia’s information landscape. In addition to blocking access to almost all social media outlets and international news sites and criminalizing speech that does not conform to the Kremlin narrative, Putin has deliberately and forcefully spread propaganda about the war and the Ukrainian state and people.  By depriving the Russian people of access to credible information and controlling state-run media, Putin aims to drum up domestic support for his war of pure aggression on the peaceful, democratic citizens of Ukraine. Witnesses will examine Putin’s propaganda tools and narratives as well as the rapidly shrinking options for Russians to access credible information, and will recommend options for the United States to help ensure that the people of Russia are not cut off from the truth. The following witnesses are scheduled to testify: Fatima Tlis, Journalist, Voice of America Peter Pomerantsev, Senior Fellow, Agora Institute, Johns Hopkins University Vladimir Kara-Murza, Russian journalist and author, former host at Echo of Moscow radio  

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