Human
rights news: November 2004
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19 November 2004 |
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Press Release on the arrest of the Romanian journalist George Buhnici |
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In connection with the arrest of the Romanian journalist GEORGE BUHNICI and the pending indictment by the Russe Prosecutor's Office, the Bulgarian Helsinki Committee (BHC) categorically considers this act a gross violation of freedom of expression. The journalist will be indicted under article 339a of the Bulgarian Penal Code. As a human rights NGO, we believe this article (which provides a special regime of obtaining a permission for the use of special technical means for secret gathering of information) does not correspond to the European Convention on Human Rights. The journalist used a concealed camera, which is a necessary means for investigative journalism in the public interest. What is more, Mr. Buhnici was working on a territory allowing the use of cameras and other visual equipment (duty-free shops at the Gjurgevo-Russe customs). He was detained on "suspicion of espionage and a threat to the national interests". Irrespective of the protests of the freedom of expression organisation Reporters Without Frontiers, today, 19 November 2004, Interior Minister Georgi Petkanov insisted that the Penal Code provision is applied as a preventative measure against anyone "illegally using special surveillance means". The European Convention on Human Rights allows for a wider margin of freedom of expression and access to information for the protection of public interest. It is the duty of investigative journalism to investigate all crimes, including economic crimes and corruption. One of the media's most important goals is to expose both mafia groups and civil servants who are involved in corruption practices. Judging by the media reports, George Buhnici's task was exactly this. He used the concealed camera to document the sale of cigarettes from Bulgarian customs officials in quantities exceeding those permissible by law. It is the obligation of the state to ensure that the necessary legislation is in place to facilitate and not impede investigative journalism. The application of article 339a is a symptom of the lack of a clear legislative will to amend this archaic penalizing regime for journalistic work. The Bulgarian Helsinki Committee calls for the amendment of article 339a of the Penal Code and its bringing in line with international human rights law. The existence of a penalizing regime for free speech is an enduring manifestation of non-democracy. We insist that the definition of public interest is also more precisely determined. At a time of intense development of the new communication technologies, we also insist that the Special Surveillance Means Act is also amended. Bulgarian Helsinki Committee |