El Salvador: Amnesty International verifies use of Pegasus spyware for surveillance of journalists

A joint investigation by Access Now and the Citizen Lab has identified the use of NSO Group’s Pegasus spyware against journalists and members of civil society organizations in El Salvador on a massive scale. Technical experts from the Amnesty International Security Lab have peer-reviewed the report and independently verified forensic evidence showing that Pegasus has been misused in the country.

“The use of Pegasus for the surveillance of communications in El Salvador reveals a new threat to human rights in the country. The authorities must stop any efforts to restrict freedom of expression, and conduct a thorough and impartial investigation to identify those responsible,” said Erika Guevara-Rosas, Americas director at Amnesty International.

“It’s unacceptable that reports of harassment and threats against journalists and human rights defenders, who work in a hostile environment and are at serious risk, are becoming more and more common in El Salvador. The international community must stand with human rights defenders and journalists in their demand for respect for human rights.”

Since President Nayib Bukele took office in 2019, the human rights situation in the country has deteriorated swiftly. Freedom of expression has been one of the rights facing the most obstacles, with state officials repeatedly publicly expressing their refusal to accept dissent and seeking to discredit those who expose practices by the authorities that violate or threaten human rights. 

The authorities must stop any efforts to restrict freedom of expression, and conduct a thorough and impartial investigation to identify those responsible

Erika Guevara-Rosas, Americas director at Amnesty International

In this context, in November 2021, it was made public that several journalists and members of civil society organizations received an alert from Apple warning them that they were possibly being subjected to targeted surveillance  by “state-sponsored attackers”.

The Amnesty International Security Lab independently analyzed technical data from a sample of individuals identified as Pegasus targets in the joint Access Now and Citizen Lab investigation. This sample included multiple journalists from two media outlets. The forensic analysis confirmed that each device was successfully infected with NSO Group’s Pegasus spyware. The earliest evidence of compromise from the sampled devices was on or around 30 July 2020. Signs of compromise or attempted targeting continue as recently as 15 November 2021.  

“This investigation shows that, yet again, the Pegasus spyware continues to be abused in the world to unlawfully surveil journalists on a massive scale even after the groundbreaking revelations of the Pegasus Project,” said Erika Guevara-Rosas.

“So far not enough has been done globally to reign in unlawful targeted surveillance. We urgently need governments to implement a global moratorium on the sale, transfer, and use of spyware until human rights regulatory safeguards are in place.”  

For more information or to arrange an interview, please contact Duncan Tucker: duncan.tucker@amnesty.org

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Niger: Conviction of investigative journalists marks deepening repression of media freedom

The recent conviction of two investigative journalists in Niger for reporting the findings of an international NGO marks an alarming turn in the authorities’ increasingly brazen targeting of media critics, Amnesty International said today.

On 3 January, a court in the capital Niamey sentenced two prominent journalists, Samira Sabou and Moussa Aksar, to respective one-month and two-month suspended jail terms, for republishing the findings of a May 2021 report by the Geneva-based Global Initiative Against Transnational Organized Crime (GITOC).  The report alleged that a huge drug seizure made by the Niger authorities had been reacquired by the drug traffickers, using illicit means.

Both were convicted based on the 2019 Cyber Criminality Law which has been used by the authorities to clamp down on dissenting voices in the media and civil society – with terms like ‘defamation by means of electronic communication’, and ‘disseminating data for the purpose of disturbing public order’. They were also fined between 100-200 US dollars.

Samira Sabou and Moussa Aksar have long been targeted by Niger’s authorities simply for doing their essential journalistic work. Their convictions violate their right to freedom of expression and threaten media freedom in the country. Defamation should never be criminalized by law.

Ousmane Diallo, Amnesty International West Africa Researcher.

Samira Sabou, who is also president of the Association of Bloggers for Active Citizenship (ABCA in French), shared the conclusions of the GITOC report, along with the link, on her Facebook page in May 2021. Moussa Aksar, who is also editor of the daily L’Évènement, and president of the Norbert Zongo Center for investigative journalism in West Africa (CENOZO), had also published the findings in a news article he had written in the same month.

Their lawyer Ahmed Mamane told Amnesty International: “The conviction constitutes a danger for press freedom in Niger. The 2019 Cybercriminality Law has regularly been used by the judiciary to prosecute and intimidate journalists who report on critical national issues. It allows the authorities to circumvent the law decriminalizing press offences and to prosecute journalists for defamation, or disseminating data that could disturb public order, when they report on contentious issues”.

The Niger Office for Repression of Illicit Trafficking of Narcotic Drugs (OCRTIS) had refuted the findings of the GITOC report on 28 May 2021 – denials that were also published by the two journalists, according to their lawyer.

In May 2021, Samira Sabou was arrested by police officers at home, and driven to OCRTIS where she was interrogated without the presence of her lawyer and without official notification of the charges against her.

Over the course of 2021, Samira Sabou and Moussa Aksar were summoned by the OCRTIS several times and interrogated about the reasons behind their publishing of the GITOC report. Aksar and Sabou then appeared on 9 September 2021 before a Niamey High Court. During their trial in December, the Public Prosecutor pleaded for a conviction on 27 December, despite the lack of a formal complaint for defamation against the two journalists.

“The convictions of Samira Sabou and Moussa Aksar constitute an alarming setback for press freedom in Niger. It’s abundantly clear that the opportunity to freely report on critical issues, is now at the mercy of national authorities,” said Ousmane Diallo.

“It is the responsibility of the authorities to ensure the media can do their work freely, and to protect journalists and bloggers against attacks, threats, or judicial harassment.”

Background

In May 2021, Moussa Aksar was convicted of defamation for reporting on the misappropriation of public funds from the Ministry of Defence between 2017 and 2019. He was fined 362 US dollars and ordered to pay 1,810 US dollars.

Between June and July 2020, Samira Sabou was detained for 48 days, while being pregnant, following a defamation complaint filed by the son of the former president against her, after she posted on Facebook about the same scandal of Defence funds misappropriation.  She was freed after all charges against her were dismissed by the Niamey High Court on 28 July 2020.

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Egypt: Hopes for justice crushed as court confirms prison term for women’s rights defender

Responding to yesterday’s decision –announced today– by Egypt’s Court of Cassation to confirm its conviction against Amal Fathy, a women’s rights defender who criticised the Egyptian authorities’ failure to protect women from sexual harassment, and sentence her to one year in prison, Philip Luther, Amnesty International’s Middle East and North Africa Research and Advocacy Director, said:

“The court’s decision to confirm Amal Fathy’s conviction and sentence her to a one-year prison term yet again shows that the Egyptian authorities are keen on whitewashing rather than improving their appalling human rights record. Once again, hopes for justice for an Egyptian human rights defender have been crushed by the country’s shamelessly flawed and patriarchal judiciary. 

“Criticizing the government’s failure to address sexual harassment is not a crime. No one should face punishment – let alone imprisonment – for exercising their right to freedom of expression to call for safer environments for women. The Egyptian authorities must ensure that this cruel and unjust conviction is immediately quashed.

“In their national human rights strategy, the Egyptian authorities praise their efforts to protect women’s rights, but their actions today show they are determined to undermine them. The international community must urgently respond by establishing an independent monitoring and reporting mechanism that can investigate the human rights situation in Egypt, including sexual and gender-based violence and the criminalization of those who dare to speak out against it.”

Background:

Amal Fathy is one of countless victims of the Egyptian authorities’ chilling and relentless assault on human rights defenders who have criticized the country’s human rights record. 

She was arrested in May 2018 after posting a video on her Facebook page in which she spoke about sexual harassment and criticized the Egyptian government for their inaction on the issue and for their wider crackdown on human rights. She was later sentenced to two years in prison, upheld on appeal. She was released on probation in December 2018.

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Poland: After acquitting rainbow halo women, authorities must end their witch-hunt against activists

Responding to the dismissal of the appeal against the acquittal of three women human rights activists in Poland on absurd charges of “offending religious beliefs” for distributing posters of the Virgin Mary with a halo in the rainbow colours of the LGBTI pride flag, Catrinel Motoc, Senior Campaigner in Amnesty International’s Europe Regional Office said:

“Today’s decision comes as a huge relief but cannot disguise the fact that these three women should never have been put on trial in the first place. Distributing posters of the Virgin Mary wearing a rainbow halo should never be criminalized, so it is right that the appeal against their acquittal was rejected.

“Since the start of the case against them, more than a quarter of a million people have spoken out to demand that the authorities drop the charges in a case that has come to symbolise some of Poland’s most disturbing anti-human rights trends. Not only is space for free expression, activism and peaceful protest shrinking, but the climate of homophobia in the country is worsening amid an increase in hate crimes, the introduction of LGBTI free zones by local councils and attempts to ban Pride Marches.

“This case has also revealed an ugly seam of state-sponsored homophobia and exposed the way in which Poland’s criminal justice system is being used to target, intimidate and harass human rights defenders simply because of their activism. The Polish authorities must finally end their witch-hunt against these and other activists.”

For more information or to arrange an interview, please contact:
Stefan Simanowitz at press@amnesty.org or Sarian Jarosz, Amnesty Poland, sarian.jarosz@amnesty.org.pl

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Kazakhstan: Authorities must release arbitrarily detained protestors and respect human rights amid ongoing unrest

• Information severely restricted
• Concern over arbitrary arrests and detainees’ treatment

• Death toll still unknown

The Kazakhstani authorities must release journalists and activists who have been arbitrarily detained for their coverage of mass protests across the country over the past week, provide information on all protest-related arrests and ensure human rights of all detainees, said Amnesty International, as the number of individuals arrested since protests began on 2 January reached close to 10,000 according to official government figures.

Those among the detainees who committed no internationally recognized crimes and were arbitrarily detained, including merely for violating Kazakhstan’s unduly restrictive legislation on public assemblies, must be immediately released as well.

The human rights organization also called on the Kazakhstani authorities to order an effective and impartial investigation into all reported human rights violations, including lethal use of force by the security forces, and to respect human rights in the context of the unrest.

“While the situation appears to have calmed down in Kazakhstan, the crisis is far from over. Nothing is more important now than free access to independent information, full accountability for what has happened and a commitment to respect human rights moving forward,” said Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia.

While the situation appears to have calmed down in Kazakhstan, the crisis is far from over. Nothing is more important now than free access to independent information, full accountability for what has happened and a commitment to respect human rights moving forward

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

Death toll remains unknown

The exact number of casualties in Kazakhstan resulting from the recent violence remains unknown. The authorities confirmed that at least 18 law enforcement officers had been killed but have so far failed to disclose the number of civilian casualties. On 9 January, a Telegram-channel associated with the government released information about the deaths of 164 individuals but it was later disavowed by the Ministry of Health as a technical glitch.

“The silence of the authorities regarding the number of victims of the unrest and the circumstances of their death is outrageous. Information about civilian causalities must be disclosed immediately,” said Marie Struthers.

The silence of the authorities regarding the number of victims of the unrest and the circumstances of their death is outrageous. Information about civilian causalities must be disclosed immediately

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

Internet access restricted, journalists harassed, rights monitors vilified

The Kazakhstani authorities disabled the Internet and restricted mobile communications for five days after the start of the protests. Meanwhile, they blamed human rights defenders and activists for spurring the demonstrations and proceeded to arrest independent journalists.

On 7 January, Lukpan Akhmedyarov, the editor of Uralskaya Nedelya newspaper, was arrested in Uralsk and sentenced to 10 days of detention for allegedly violating Kazakhstan’s unduly restrictive assembly rules. On 5 January, two journalists from the RFE/RL local radio service Azattyk were detained and interrogated in connection with their work during the protests. On 10 January, the authorities also ordered independent media outlet Fergana.ru to remove a report on the crisis or face criminal prosecution. There are reports of foreign journalists being denied entry into the country. Meanwhile, while Internet access was re-established by 10 January, it is still being regularly blocked by the authorities, and mobile messengers remain inaccessible locally.  

“The authorities must restore unrestricted access to the Internet, unblock all other forms of communication and stop meting out reprisals against those who share news independently. Amid crisis, independent information is crucial. The authorities’ knee-jerk blackout was akin to holding the entire population incommunicado,” said Marie Struthers.

Amid crisis, independent information is crucial. The authorities’ knee-jerk blackout was akin to holding the entire population incommunicado

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

“Amnesty International remains deeply concerned about the way President Tokayev has blamed journalists and human rights defenders on national television for inciting unrest – a narrative that has since been adopted by various people in positions of authority in Kazakhstan.”

Ill-treatment and the right to a fair trial for detainees

On Tuesday, Kazakhstan’s Interior Ministry said that almost 10,000 people have been arrested since mass unrest and violent clashes between police and protestors. More than 400 criminal cases have already been initiated. According to the Prosecutor General, most of these criminal cases concern violence, including killings. However, in some cases of which Amnesty International is aware, the Kazakhstani authorities have prosecuted peaceful dissent under the vague charge of “incitement of social discord.” This includes the opening of criminal proceedings under these charges in connection with a solitary street picket which environmental activist Artyom Sochnev held in Stepnogorsk on 4 January.

Kazakhstan’s unduly restrictive law governing public assemblies effectively bans any street protest unless expressly permitted by the local authorities. Under this legislation, thousands of Kazakhstanis who took part in peaceful protests in recent days are liable to arrest and fines or up to 15 days of detention.

“We are extremely worried about the conditions of detention and the grounds for arrest of thousands of detainees. There are also missing individuals, including journalist Makhambet Abzhan, whose whereabouts remain unknown since 6 January,” said Marie Struthers.

We are extremely worried about the conditions of detention and the grounds for arrest of thousands of detainees. There are also missing individuals, including journalist Makhambet Abzhan, whose whereabouts remain unknown since 6 January

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

“Sadly, unfair trials remain widespread in Kazakhstan, as does torture and other ill-treatment, while lawyers are often denied access to their clients and are routinely muzzled by non-disclosure orders. One lawyer, Yubzal Kuspan, was arrested and is in detention for 10 days himself, simply for taking part in a peaceful demonstration.”

The risk of torture and other ill-treatment is demonstrated by the case of Vikram Ruzakhynov, a jazz musician from neighboring Kyrgyzstan who was on tour in Kazakhstan. On Sunday, Kazakhstani state TV televised his interrogation, which showed a heavily bruised Ruzakhynov “confessing” to having been recruited by “strangers” to “participate in a protest rally” for money. Ruzakhynov was released on Monday following a diplomatic protest from Kyrgyzstan.

“All those who have been arbitrarily detained merely for taking part in the protests must be immediately released. Protesters accused of committing internationally recognized crimes for violent behaviour must be provided with fair trials in accordance with international human rights law. Meanwhile, all reports of ill-treatment by officials must be effectively investigated, with those responsible held to account,” said Marie Struthers.

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