Caselist - PEN International

16followed the paper’s coverage of street protests on 30 January 2011.The six other journalists have since been released; PEN is seeking todetermine whether or not Tinga is still detained. Her whereabouts wereunknown as of March; no further news as of 31 December 2011; [RAN05/11]On trialAbuzar AL-AMIN: deputy editor of the opposition daily newspaper Raial-Shaab. Date of arrest: 16 May 2010. Sentence: one year. Expires: 3July 2011 – remains detained for further investigation. Details of arrest:Al-Amin was arrested along with Rai al-Shaab reporter and political editorAshraf Abdelaziz and Altahir Ibrahim (known as Abo Jawharah)during a raid by the National Intelligence and Security Services (NISS) onthe newspaper’s offices in Khartoum on 16 May 2010. NISS agents confiscatedequipment and copies of the latest issue of the paper and closedthe newspaper down until further notice. Two other Rai al-Shaab employeeswere reportedly also arrested. All three journalists were detainedincommunicado. Charges: On 25 May 2010, Al-Amin was charged with“undermining the constitution,” “terrorism and espionage,” “publishingfalse news,” “undermining the prestige of the State” and “inciting sedition”,crimes that can carry the death penalty. Trial/ sentences: The trialof the three journalists began on 11 June 2010. On 15 July 2010 theywere convicted of “undermining the constitutional system” and “publishingfalse information”. Al-Amin was sentenced to five years in prisonwhile Abdelaziz and Ibrahim received two-year sentences. A fourth Raial-Shaab reporter on trial, Ramadan Mahjub, was acquitted. The courtalso ordered the newspaper’s closure and the seizure of all the assets ofthe company that owns it. Both Abdelaziz and Ibrahim were subsequentlyreleased on 6 February 2011 after their sentences were reduced on appeal(see below). Allegations of torture and ill treatment: During his initialdetention, Al-Amin was reportedly tortured and otherwise ill treated byNISS agents, including being given electric shocks. When his family wasallowed to visit him five days after his arrest, he was injured and complainedof back pain, blood in his urine and insomnia. Ibrahim was alsoreportedly tortured and ill treated. Further charges: In May 2011, Al-Amin’s prison sentence was reduced from five years to one year, meaninghe should have been released on 3 July 2011. However, in late Juneprison officials informed him that he would instead be transferred to thecustody of State Security Prosecution for further investigation. Two newcomplaints have been brought against him by the NISS. The first relatesto articles written for Rai al-Shaab before his imprisonment, for which hefaces the same charges on which he has already been convicted: criminalconspiracy (article 21 and 24 of the criminal code), criminal offences(article 26), attacks on the state aimed at undermining the constitutionalsystem (article 50) and publishing false information (article 66). He isalso reportedly facing charges under article 24 of the press law (on theresponsibilities of editors) and article 26 (on the duties of journalists).The charge under article 50 of the criminal code carries a possible deathsentence. The second complaint was lodged by a security officer whomAl-Amin claimed had tortured him during his pre-trial detention in May2010. The officer says that Al-Amin inflicted “grievous bodily harm”upon him. According to Al-Amin’s family, the journalist was simplydefending himself. The torture allegations were denied by the securityforces and were reportedly never investigated. Al-Amin is being held inKober Prison in Khartoum, which is notorious for its abusive treatmentof detainees. Background: The raid on Rai al-Shaab was apparently triggeredby a 14 May 2010 article alleging that Iran had built a weaponsfactory in Sudan to supply insurgents in Africa and the Middle East. Theruling National Congress Party dismissed the report as false and a schemeby the opposition Popular Congress Party (PCP) - which publishes Raial-Shaab - to damage relations between Sudan and the United States. Theday before the raid on Rai al-Shaab, the authorities had arrested the PCPleader Hassan al-Turabi, who is a vocal critic of President Omar Hassanal-Bashir, accusing al-Turabi of “stirring up hatred, disseminatingmalicious lies and abuse of Sudan’s foreign relations”; he was releasedwithout charge on 1 July 2010. There were further raids on several othernewspapers on 19 May, including on another opposition newspaper, AjrasAlhurria, which was ordered to remove an article on the journalists’ arrests,among others. Sudanese President Omar al-Bashir, accused of warcrimes and crimes against humanity in Darfur, was re-elected in nationalelections in April 2010. According to rights groups, the election processwas seriously flawed and marred by widespread repression and humanrights violations. Rai al-Shaab was suspended for one year on 6 February2011 following the hearing at which the sentences against Abdelaziz andIbrahim were reduced. Other details: Amnesty International consideredAl-Amin, Abdelaziz and Ibrahim to be prisoners of conscience, detainedsolely for expressing their opinion without advocating violence. [RAN36/10 and updates] Released: Al-Amin was released on bail on 22 August2011; however the new charges brought against him have not beendropped. As a result, he still faces the death penalty if found guilty.Omar AL-GERRAI and Abdullah SHAIKH: journalist and editorwith the pro-opposition daily newspaper Ajras al-Huriya, were put ontrial on 8 March 2011 for writing an article titled “Rape...under ShariaLaw”. The article also looked critically at the Sudanese justice systemand the tens of thousands of detainees that have been subjected to it.On 29 May, prosecutors charged Al-Gerrai and Shaikh with defamationin a North Khartoum court; the trial was adjourned till 21 June 2011.According to Sudanese human rights groups, seven separate complaintshave been filed against Shaikh by the National Intelligence and SecurityService, the military and other organs of the state. No further news as of31 December 2011.Nahid AL-HASSAN (f): a doctor who has frequently written for thepro-opposition daily newspaper Ajras al-Huriya about torture and otherforms of abuse that occur in police custody, is being prosecuted for writingabout the case of Sofia Ishag, a Sudanese woman who was raped.Al-Hassan was scheduled to appear in court to defend herself againstundetermined charges on 6 July 2011. No further news as of 31 December2011.Tried/Briefly DetainedFayez AL-SILAIK, Amal HABBANI (f), Fatima AL-GHAZALI (f)and Saadeldin IBRAHIM: Al-Silaik and Habbani are respectively formeracting editor-in-chief and contributor to the pro-opposition weeklynewspaper Ajras al-Huriya; Al-Ghazali and Ibrahim are respectivelyjournalist and editor-in-chief of the daily newspaper Al-Jarida. All fourface prosecution on defamation charges in connection with articles aboutthe case of Sofia Ishag, a Sudanese woman who was raped. Al-Silaik hasalso been charged six other times in connection with different articlesabout prisoner abuse that have appeared in Ajras al-Huriya. The courtdate was set for 12 June 2011. Background: Al-Silaik is reportedly alsofacing prosecution for “humiliating the state and publishing false news”along with former Arjas al-Huriya editor Al-Haj Ali Warrag. The chargesstem from a 6 April 2010 article by Warrag which supported a boycottof the Sudanese elections called by Yasser Arman, the leader of the SudanPeople’s Liberation Movement, accused the National Conference of voteriggingand strongly criticised President Omar al-Bashir. Al-Warrag andWarrag are being prosecuted under Article 66 of the criminal law, andArticles 24 and 26 of the press law and reportedly faced up to a year inprison or a fine, or both. Update: Fatima Al-Ghazali and Amal Habbaniwere sentenced on 25 July 2011 by the Publishing Court to serve eitherone month in prison or pay a fine of $660. Habbani opted to go to prisonin protest. Both journalists spent 48 hours in prison after their fine waspaid by a colleague and were then released.Hassan ISHAG: journalist with the Arabic daily newspaper Al Jarida,was arrested on 8 April 2011 and released the next day pending trial. Thecharges against him were not known. He was reportedly tortured whilein custody. He is expected to appear before a court on 2 August 2011. Nofurther news as of 31 December 2011.Ahmad OSMAN: editor-in-chief of the English-language newspaperThe Citizen, received a summons from a court clerk on 12 June 2011 forwriting about the case of Sofia Ishag. a Sudanese woman who was raped.He had not yet been given details of charges or a court date. No furthernews as of 31 December 2011Faisal SALEH and Mohamed LATIF: respectively journalist and editor-in-chiefwith the daily newspaper Al-Akhbar. Saleh was charged withdefamation on 12 June 2011 for writing about the case of Sofia Ishag,a Sudanese woman who was raped. His trial was due to commence on28 June. Latif was to stand trial as a co-defendant in the same case. Nofurther news as of 31 December 2011.Amal HALBANI (f): journalist for the newspapers Al-Jarida respectively,was investigated by police on 13 March 2011 for writing articlesin which she discussed female activists’ allegations that members of thesecurity forces raped them while they were being arrested. Halbani wasreportedly also dismissed from her job. As of June 2011, Halbani (nowwith the pro-opposition weekly newspaper Ajras al-Huriya) was facingprosecution for writing articles about the case of Sofia Ishag, a Sudanesewoman who was raped (see ‘On trial’ above). No further news as of 31December 2011Harassed* Khalid Ibrahim EWAISS: writer and journalist with Al-Arabiya wasdetained on 8 July 2011 after participating in a political protest. He wasquestioned and handed over to the police, who warned him that the securityforces had filed complaints against him. He was released on bail afterfive hours and told he could not leave the country but has not so far beenformally charged. No further news as of 31 December 2011.ReleasedJaafar Alsabki IBRAHIM: Darfuri journalist with the opposition newspaperAl-Sahafa. Date of arrest: 3 November 2010. Charges: “underminingthe constitutional system”. Details of arrest: Ibrahim was arrested bythe National Intelligence and Security Services (NISS) from Al Sahafa’soffice in the capital Khartoum amid a wave of arrests of Darfuri mediaworkers and activists. His arrest followed the detention of eight activistsand journalists from Darfur between 30 October and 3 November,and an unknown number of others. None of the detainees had accessto their family or a lawyer. When Ibrahim’s arrest was reported, it wassaid that one of the other detainees, Radio Dabanga director AbdelrahmanAdam Abdelrahman, had already been subjected to torture. Ibrahimwas detained incommunicado without charge until June 2011. Trial: Ibrahimwas finally charged in early June 2011 and appeared in court on21 June. He was accused of “undermining the constitutional system,” acharge that carries long prison sentences or the death penalty. His trialwas adjourned until 12 July. Release: Ibrahim was reportedly releasedon 28 August 2011. His release followed an announcement by PresidentOmar al-Bashir the previous day that he would free all detained journalistswhose colleagues had requested their pardons to coincide with theMuslim holy month of Ramadan. The charges against him have presumablybeen dropped. [RAN 51/10 and updates]SWAZILANDOn trialBheki MAKHUBU: editor of the privately-owned magazine Nation,was charged with criminal defamation on 14 December 2010 in a casebrought by the Attorney General. The case, postponed until May 2011,stems from two articles published by the magazine in February 2010. Thefirst criticized a judgment by a High Court full bench on a political casebrought by progressive groups, and the other criticized the Chief Justicefor a speech in which he referred to himself as a “makhulu baas”, slangfor “big boss”. Makhubu denied that the articles he was charged forconstituted contempt of court or criminal defamation. No further news asof 31 December 2011.TANZANIAOn Trial*Prince BADENGA: columnist for the local Swahili newspaper RAI wason 17 November 2011 ordered to pay (5 million Tanzanian shillings(approx $3,000) to the former Minister for Good Governance, WilsonMasilingi following a defamation case that was filed by Masilingiclaiming that the writer and the newspaper published a defamatory statementin its edition of 2 August 2005. The newspaper had published alead story on page one that translated as: “Minister solicits money fromhis voters to build a flat”. The court instructed RAI to pay 10 millionTanzanian shillings. In addition, the newspaper was required to publishan apology on its first and second pages - in words that Masilingi is satisfiedwith - before they are published. It was ordered by the court that thedamages be paid within 14 days after the ruling.TOGOCase ClosedZeus K. AZIADOUVO, Jean-Baptiste K. D. DZILAN and GlakpéK. OLIVIER: managing editors of the privately-owned newspapersLiberté, Forum de la Semaine and Journal Le Correcteur, based in thecapital Lomé, are on trial for “false publication” and “criminal defamation”.The case stems from a complaint filed by the country’s InspectorGeneral of Police over an 8 May 2010 article in the three newspaperswhich alleged that two traffic policemen had caused the deaths of a commercialmotorbike driver and his passenger after the driver ran a red trafficlight. The newspapers quoted unnamed eyewitnesses who claimed thatthe policemen had pushed the driver off his bike, resulting in his deathas well as that of the passenger. The police have denied the accusations,claiming that the man died as a result of an accident caused by speeding.The editors were arraigned on 19 May 2010 and were due to make theirthird appearance in court on 9 June 2010. Case closed due to lack ofinformation.UGANDA17