Global Freedom of Expression, Columbia University: Newsletter

● A work-in-progress screening of The Seeds of an Uncertain Land, a film by Jake Price. The film documents the struggles and success of Puerto Rican farmers who, after the devastation of Hurricane Maria, have been able to employ regenerative farming techniques to bring back traditional foods to sustain communities and address the pressing climate crisis. November 13, 2019 at the NoHo Sound in the East Village, New York City.

Nigeria
Ogwuche v. Federal Republic of Nigeria
Decision Date: December 11, 2018
The Community Court of Justice of the Economic Community of West African States held that a new regulation imposed by the Nigerian Government against a human rights group was tantamount to censorship and violated their freedom of expression. The National Broadcasting Commission had issued a regulation requiring Festus A. O. Ogwuche, as well as all broadcasting houses, to have any proposed live programming vetted by the Commission 48 hours prior to airing on the grounds that some programs were broadcasting content which threatened the peace and unity of the country. The Court examined international and regional human rights instruments to find that the Government of Nigeria failed to establish proof that Ogwuche’s media programs constituted a sufficient threat to justify the restriction and that the restriction, as such, was an excessive burden. Therefore, the Court ordered that the Regulation be withdrawn.

Russia
On November 6, a court in Moscow ruled that facial recognition technology was not used in a trial to identify and fine an activist. In October, RosKomSvoboda, a Russia-based digital rights NGO, sued the Ministry of Interior and the Department of Information Technologies on behalf of Alena Popova, an activist fined for protesting in front of the Russian Parliament in 2018. In that trial, the prosecutor submitted an image of Popova’s face obtained from a street camera, which was enlarged thirty-two times, as evidence. Popova and RosKomSvoboda argued that image enlargement to such a degree was a feature of facial recognition technology, which violated the constitutional prohibition on using biometric data without written consent, as well as the right to privacy. The Department of Information Technologies denied that its video monitoring system was used for identification or tracking purposes since all images were destroyed after 120 hours, and it did not keep a registry of personal data. The Department conceded that it had the capacity to capture an image and pass it onto another government agency, at which point any related legal liability was waived. It also argued that any image taken in a public space became public information, protected under Russia’s freedom to information laws. The department added that facial recognition technology was not needed solely to identify persons, but also to track the cleanliness of streets, to install children’s playgrounds and identify any needed repairs. The government agencies’ arguments seem to contradict numerous news reports and statements of politicians about the expanding use of facial recognition technologies across Russia. Nevertheless, the Moscow court sided with the government.

Turkmenistan
On November 1, Kasymberdy Garayev disappeared days after Radio Freedom published his recollection of feeling lonely and living in fear because he was gay. Garayev’s name was anonymized for protection, but included his vocation and age. He was a 24-year-old cardiologist. That was enough for the authorities to track Garayev.  On October 31, in a video message shared on Radio Freedom, Garayev said that he was being summoned by the police and asked for forgiveness in case he was disappeared. As of November 1, no one has heard from him. The hospital where Garayev worked stated that he was fired. On November 3, it was reported that the man’s colleagues were forced to undergo tests for venereal diseases and ordered to report to the police the names of anyone suspected of being LGBTI. Further, regional offices of the Ministry of Health held meetings to discuss “the man who dishonored the medical profession.” Law enforcement representatives attended the meetings and threatened to punish those who do not report individuals suspected of being LGBTI. Same sex relationships between men in Turkmenistan are illegal and punishable with up to ten years in prison.