Threats against investigative journalists are widely documented. According to UNESCO’s Observatory of Killed Journalists, 1,718 journalists have been killed since 1993. The Committee to Protect Journalists’ latest prison census found the number of jailed journalists hit a near-record high, with 320 reporters behind bars at the time of the count last December. Yet a lesser-known story is the increasing targeting of the lawyers representing them.
“Behind all those cases against journalists who have become household names — like Evan Gershkovich, Maria Ressa, and José Rubén Zamora — there are the often unseen lawyers representing them and taking remarkable risks to defend them,” Carolina Henriquez-Schmitz, director of TrustLaw, said at Trust Conference 2024. “[Lawyers] themselves are becoming the targets of a whole range of attacks.”
In recent years, threats have escalated. Azerbaijani lawyer Elchin Sadigov, and his client, journalist Avaz Zeynalli, were detained in 2022 while officers searched their homes and offices and seized confidential case files. Vo An Don, a Vietnamese human rights lawyer who represented a dissident blogger was disbarred in 2018 and subsequently sought political asylum in the US. Dmitry Talantov, a lawyer who represented Russian investigative journalist Ivan Safronov in 2021, now himself faces up to 15 years in prison on a number of charges.
“It sends an unequivocal message, not just to the individual lawyer, but to the entire legal profession,” Henriquez-Schmitz said. “If you pursue these cases, we will go after you. The potential chilling effect cannot be understated.”
The Thomson Reuters Foundation, in partnership with the American Bar Association Center for Human Rights and Media Defence, conducted a first-of-its-kind review of individual cases of harassment or persecution of lawyers defending journalists. The recently published preliminary findings identified over 40 cases of lawyers being targeted in four ways: criminal and other suits; interference with their ability to represent their clients; targeting their ability to practice the profession; and threatened killing, physical harm, forced flight, or exile, and other similar persecution.
“The research has identified cases in Vietnam, Ethiopia, Zimbabwe, Azerbaijan, Iran, Yemen, Tajikistan, Russia, China, and Hong Kong, to name a few. Unsurprisingly, many of these countries also happen to be among the world’s worst jailers of journalists,” Henriquez-Schmitz noted. “The damage greatly reverberates. Without lawyers, journalists are unable to adequately defend themselves against retaliatory charges, and citizens are likely left less informed on matters of public interest.”
‘The Main Goal Is to Leave the Journalists Defenseless’
José Carlos Zamora, chief communications and impact officer at Exile Content Studio and the son of Guatemalan investigative journalist José Rubén Zamora, joined the Trust Conference panel only a few days after his father’s release to house arrest. Previously, his father had spent more than 800 days in prison on charges of alleged money laundering. The elder Zamora founded elPeriódico, a now-defunct newspaper which specialized in government corruption investigations.
“It’s a great step forward, but it’s not the end of the process,” Zamora said of his father’s transition to house arrest. “These repressive regimes, everywhere from Russia, to the Philippines, to Hong Kong, to Venezuela and Nicaragua, use the same tactics. And you see them copy from each other’s punishments, and one of these tactics is attacking the legal defense. So they go after the lawyers, and the main goal is to leave the journalists defenseless.”
