The Role of Law Enforcement Agents: Strengthening Investigations into Crimes against Journalists

"There is a continuing level of impunity for perpetrators, with 86 per cent of cases of  killings of journalists unresolved, in the last 15 years."

This report, published by the United Nations Educational, Scientific and Cultural Organization (UNESCO), looks at the role of law enforcement agents in strengthening investigations into crimes against journalists. It discusses existing legal frameworks, explores what is being done around the world to bring perpetrators to justice, and offers guidelines and recommendations for improved independent and effective investigation of crimes against journalists.  

The report begins by sharing a number of key trends around crimes against journalists. They include the fact that "between 2006 and 2021, 1,284 journalists were killed as a result of their work. More than 60 percent of the killings occurred in countries with no armed conflict." In addition, "Nine out of ten cases of killings of journalists around the world, (according to the UNESCO Observatory of Killed Journalists), remain judicially unresolved." Another study, developed with the support of UNESCO's Global Media Defence Fund, showed that out of the 139 murders of media professionals in Latin America between 2011 and 2020, half had previously received work-related threats.

The report makes the point that law enforcement agents (LEAs), the judiciary, and prosecutors have an important role in protecting journalists against attacks by those who seek to prevent them from doing their work and in reinforcing the "three Ps":

• Prevention: of crimes against journalists
• Protection: of journalists who are intimidated or threatened
• Prosecution: of those perpetrating crimes against journalists

Robust investigations of threats and attacks faced by journalists help improve prevention and protection policies for media workers and journalists. In addition, jurisdictions that vigorously investigate threats of violence against journalists send a powerful message to the perpetrators that society will not tolerate such attacks.

In exploring some of the measures that need to be strengthened or put in place, the report looks at existing international legal instruments that are designed to support freedom of expression and include provisions around the safety of journalists. It explores some of the global work being undertaken by UNESCO and partners to protect journalists and bring perpetrators to justice and then offers some guidelines for independent and effective investigation of crimes against journalists that have been widely set out through work by the Organization for Security and Co-operation in Europe (OSCE) and the Council of Europe (CoE). These guidelines provide a practical framework for investigators, law enforcement organisations, and state-level policymakers alike and include, for example, the need for independence, the need to quickly establish a link between the journalist's work and the offender's motive, and the need for investigators to quickly preserve digital and physical evidence. These guidelines are followed by a list of principles that UNESCO claims should be at the core of investigating crimes against journalists, as well as a list of specific recommendations for the police from the perspective of a prosecutor specialised in investigating crimes against journalists. Recommendations for the police highlight, for example, the crucial role of first responder police officers, the importance of conducting a thorough contextual analysis of the journalist's work, and the need to take threats to journalists seriously.

Finally, the report showcases a few initiatives from around the world that have been developed around investigating crimes against journalists and protecting journalists subject to criminal threats. For example, in some countries, dedicated teams with specialised training have been established to manage investigation and prosecution of crimes against journalists.

The following is a summary of the key recommendations emerging from the discussion as highlighted in the report:

1. Consideration should be given at an early stage of an investigation whether there are connections between the victim's journalistic activities and the crimes committed against them.
2. Investigators should be given specific training around the issues and challenges faced in investigating crimes against journalists.
3. Journalistic sources are confidential and should be treated as such at every stage of the investigation and judicial proceedings. Authorities must take all possible measures to ensure the protection of journalistic material/confidential data that may lead to the identification of  sources.
4. Consideration should be given to the creation of specialist units or teams dedicated to investigating and prosecuting crimes against journalists.
5. Investigators may benefit from cooperation and liaison with other investigative forces - notably, transnational ones and specialist units - who may be able to provide specialist technical expertise.
6. While the role of LEAs, including forensic investigators, differs according to their investigative jurisdiction, it is important that international good practice regarding the investigation of cases involving journalists applies.
7. Investigations into crimes against journalists must be effective, thorough, impartial, independent and prompt. When possible, information on the investigation should be provided to the public through the media in an open and transparent manner, taking care to avoid prejudicing the investigation or breaching court orders.
8. In cases where there are credible allegations of the involvement of State agents in crimes against journalists, investigations should be carried out by an authority outside the jurisdiction or sphere of influence of those authorities.