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12<br />
serve Ikonya’s lawyer with the required file of charges and evidence.<br />
<strong>PEN</strong> monitoring.<br />
Released<br />
Mburu MUCHOKI: editor of the private tabloid weekly The<br />
Independent, was sentenced by a court in Nairobi on 6 March 2007 to<br />
one year’s imprisonment for libelling the Kenyan Justice and<br />
Constitutional Affairs Minister, Martha Karua. The conviction related to<br />
a 2004 story entitled ‘Karua’s father in abortion scandal’ that also alleged<br />
an affair between Karua and a Catholic priest. Muchoki was fined<br />
500,000 shillings (5,500 Euros) - 25 times the maximum allowable fine<br />
for libel – or one year in prison. He was unable to pay the fine and was<br />
held in a prison in an industrial zone in Nairobi. Muchoki’s lawyer<br />
claimed that the outcome of the trial was influenced by the fact that the<br />
presiding judge is a close friend of the justice minister and says he<br />
intended to appeal. Karua has reportedly never denied the allegations<br />
made against her by The Independent. It is understood that she won an<br />
earlier ruling against Muchoki for the same story, but the judgment of 25<br />
million shillings (US$361,000) in civil damages was later invalidated<br />
because the prosecution did not follow proper procedure. Update:<br />
Muchoki was released in June 2007 on a presidential pardon. His appeal<br />
was never heard.<br />
LIBERIA<br />
Attacked<br />
*Jonathan PAYLELAY and Alphonso TOWAH: correspondents for the<br />
BBC and Reuters respectively, were assaulted by the bodyguards of<br />
President Ellen Johnson-Sirleaf on 21 September 2007, and removed<br />
from the interview area for alleged ‘breach of protocol’. The journalists,<br />
together with other local and international reporters, had gathered at<br />
Roberts International Airport in Monrovia to cover a visit by the Sierra<br />
Leonean president. Later that day, the Presidential Press Secretary met<br />
with the journalists and apologised for the behaviour of the State<br />
Security personnel.<br />
*J. Rufus PAUL: journalist for the Daily Observer, based in Monrovia,<br />
was beaten and briefly arrested by the National Police and the Drug<br />
Enforcement Agency on 31 August 2007, while he was attempting to<br />
follow a police operation without authorisation. The police was carrying<br />
out a raid on a building in central Monrovia, which was believed to be a<br />
centre of drug-related activities. Paul, who is a resident of that area, tried<br />
to cover the story after neighbours told him about the raid. He was<br />
confronted by an officer, and despite identifying himself as a reporter, his<br />
camera was taken away, and he was handcuffed and taken to the police<br />
headquarters, along with the people arrested during the raid. On his<br />
arrival, Paul was taken to the Deputy Police Commissioner for Crime<br />
Services, who apologised for the actions of the police officers.<br />
MALAWI<br />
On trial<br />
Robert JAMIESON, Dickson KASHOTI and Arnold MLELEMBA:<br />
owner, editor and reporter respectively for the newspaper Chronicle,<br />
were reportedly arrested in Lilongwe on 8 May 2006. The detention<br />
stemmed from a Chronicle article that claimed that Attorney-General<br />
Ralph Kasambara and Charles Simango, Director for the Media Institute<br />
of Southern Africa (MISA) in Malawi, had taken part in a deal involving<br />
a stolen computer. The three were granted bail on 9 May and ordered to<br />
stand trial on criminal charges for the defamation of Kasambara. <strong>PEN</strong> is<br />
seeking further information.<br />
MALI<br />
Suspended sentence – Appealing<br />
Diaby Makoro CAMARA and Oumar BOUARÉ: director and editor<br />
respectively of the private monthly Kabako, were handed criminal<br />
defamation convictions on 5 March 2007 by a court in the capital,<br />
Bamako, as a result of a December 2006 story that criticised a government<br />
minister. They were sentenced to four-month suspended terms,<br />
fined 50,000 CFA francs (US$100) and ordered to publish the court decision.<br />
The charges stemmed from a defamation suit brought by Planning<br />
and Land Development Minister Mariamantia Diarra on 19 February<br />
2007 over a story headlined “Consumed by jealousy: Marimantia Diarra<br />
raids his ex-fiancée with the police,” which described Diarra’s alleged<br />
attempts to stop the wedding of his former fiancée, to another man by<br />
sending policemen to surround her house with the intention of assaulting<br />
her. It has been reported that the ruling was politically motivated due to<br />
the influence of Diarra, secretary-general of the former ruling party<br />
ADEMA and an ally of President Amadou Toumani Tour. Camara and<br />
Bouaré reportedly planned to appeal. As of 31 December 2007, a hearing<br />
date had yet to be set.<br />
Hameye CISSE, Seydina Oumar DIARRA, Ibrahima FALL, Alexis<br />
KALAMBRY and Sambi TOURE: editor for Le Scorpion, journalist<br />
for Info-Matin, editor for Le Républicain, editor for Les Echos and editor<br />
for Info-Matin respectively. On 14 June 2007 Diarra was arrested along<br />
with a teacher on charges of ‘offence against the head of state’. The<br />
charges followed the publication of an article by Diarra published in<br />
Info-Matin on 1 June and entitled ‘Lycée Nanaissa Santara: the<br />
President’s Mistress’, on an essay topic set relating to a hypothetical<br />
presidential sex scandal. Following the detention of Diarra and the<br />
teacher, other newspapers reprinted the story and on 20 June, Cissé, Fall,<br />
Kalambry and Toure were summoned to the state prosecutor and immediately<br />
arrested on charges of ‘complicity in an insult against the president’.<br />
The five journalists and the teacher appeared at a closed trial on 26<br />
June where they were given suspended prison sentences and fines (Diarra<br />
13 days – equivalent to the time he had spent in detention; Touré eight<br />
months and a fine; Cissé, Fall and Kalmabry three months and a fine).<br />
The journalists planned to appeal against their sentences. As of 6<br />
December 2007, the appeal was still pending.<br />
MAURITANIA<br />
Sentenced – On Appeal<br />
Abdel Fettah Ould ABEIDNA: Managing editor of the daily Arabiclanguage<br />
newspaper Al-Aqsa, was sentenced to one year in prison for<br />
defaming a local businessman on 7 November 2007. In a 16 May article,<br />
Abeidna had linked businessman Mohamed Ould Bouammatou to a<br />
recently uncovered large-scale cocaine racket in which a number of<br />
politicians had been implicated. According to RSF, the article did not<br />
present very firm evidence. The editor was detained in Nouakchott for<br />
four days from 24 May on defamation charges brought against him by<br />
Bouammatou and was granted bail on 28 May. On 7 November 2007,<br />
Abeidna was sentenced to one year’s imprisonment and a fine for making<br />
false allegations against Bouamatou with the intention of harming his<br />
reputation. He was also ordered to publish the sentence in the four newspapers<br />
in the area. The editor, who was out of the country when the judg-