Caselist - PEN International

20On trialNevanji MADANHIRE and Nqobani NDLOVU: respectively editorand reporter for the newspaper The Standard, are on trial for criminal defamationrelating to an article on the cancellation of police examinations.Ndlovu was arrested in Bulawayo on 17 November 2010 and released onbail after spending nine days in Khami prison. Madanhire was arrestedon 30 November 2010, and was released on bail on 1 December 2010.On 28 February 2011, the presiding judge removed them from remandand granted an application for referral to the Supreme Court submitted bythe journalists after the state failed to oppose the application. Madanhireand Ndlovu are being charged under Section 31 of the Criminal Law(Codification and Reform) Act. Section 31 deals with the publication ofstatements that “undermine public confidence in law enforcement agencies.”No further news as of 31 December 2011; presumably, the case isstill pending. Background: The charges stem from the publication of astory in the 14 November 2010 edition of The Standard that said that policepromotional exams were being scrapped to facilitate the absorptionof war veterans and retired police officers into the police force ahead ofthe 2011 elections. Madanhire is also facing another criminal defamationlawsuit relating to a 2011 article about the police’s alleged detention ofthe minister of state in the prime minister’s office (see below).Nevanji MADANHIRE and Patience NYANGOVE (f): respectivelyeditor and reporter for the independent weekly newspaper The Standardwere arrested on 29 June 2011 following the publication of an article byNyangove about the police’s alleged detention of the minister of state inthe prime minister’s office. Nyangove was released later the same daywhile Madanhire was released on 30 June. Both were released on bailof $100. On 1 July Madanhire and Nyangove were charged with criminaldefamation against the head of the Harare Central Police Station’sLaw and Order unit for “publication of false statements prejudicial to thestate” and “communicating statements that undermine public confidencein law enforcement agents.” They were expected to return to court on 29July. Madanhire is also facing another criminal defamation lawsuit relatingto a 2010 article on the cancellation of police examinations and againon a November 2011 article (see above and below). Update: on 31 August2011, the Attorney General’s Office decided not to proceed with thecharges under Section 31(a) (iii) of the Criminal Law (Codification andReform) Act. The section criminalizes the” publishing or communicationof false statements prejudicial to the State and statements underminingpublic confidence in a law enforcement agency, the Prison Serviceor the Defense Forces of Zimbabwe. The State, however, is said to beproceeding with the charge of criminal defamation. *Nevanji MADAN-HIRE and Nqaba MATSHAZI: editor and reporter for The Standardwere arrested in mid-November 2011 by Detectives in connection witha story about businessman Munyaradzi Kereke’s medical aid company,Green Card Medical Aid Society. The story alleged that the Harare-basedcompany was facing financial collapse. The two were arrested and detainedovernight by police on charges of criminal defamation and theftof documents from the company. Madanhire and Matshazi were releasedon US$100 bail each by Harare Magistrate Sandra Mupindu. They wereordered to surrender their passports, refrain from interfering with witnessesand reside at their given addresses of residence as part of their bailconditions. They were remanded until 20 December 2011 when their trialwas expected to commence. Madanhire and Matshazi have both deniedever being in possession of original documents or on the premises of theGreen Card Society and have signed warned and cautioned statementsdenying the charges of theft.Mzwandile NDLOVU: reporter for Weekly Agenda, a news bulletin publishedby the civil society organization Bulawayo Agenda, was arrestedon 10 May 2011 after being summoned to police headquarters in Hwangeand was charged with reporting a fictitious story under section 31 of theCriminal Law Code and Reform Act. The charge stemmed from a 23April article about the Organ on National Healing, Reconciliation andIntegration which said that a meeting scheduled to take place between theOrgan and a coalition of organizations was cancelled because the mainparticipants had failed to turn up. No further news as of 31 December2011.Brief detention: possible prosecution*Xolisani NCUBE: reporter at the Daily News was arrested on 2 December2011 in connection with an article about a government minister whichappeared in the paper in November. The article was titled “Chombo bragsabout riches.” He was charged with criminal defamation under section96 of the Criminal Codification Act and released into the custody of hislawyer, pending further investigation.Brief Detention*Nqobani NDLOVU (The Standard), Pamenus TUSO, Pindai DUDEand Oscar NKALA (freelancers): were arrested on 15 July 2011 whilecovering a story on a police officer who was reportedly being evicted fromher house on grounds of her alleged political affiliation to the Movementfor Democratic Change. The journalists were detained at NtabazindunaPolice station and were released after few hours without any charge.Harassed*Constantine CHIMAKURE and Wongai ZHANGAZHA: respectively,editor and senior political reporter of the Zimbabwe Independent newspaperwere sought on 11 August 2011 by the police over a story thepaper published in its 8 July edition. It was the second visit by policeto the offices of the newspaper in less than a week. Detectives spoke toChief Executive Officer Raphael Khumalo over a story titled “MinistersRejected Kasukuwere Plan” and they wanted Chimakure and Zhangazhato assist in investigations into who “leaked” the details of the story.(The story was based on Cabinet deliberations, publication of whichis an offence under the Official Secrets Act.) The story alleged thatZimbabwe’s two Movement for Democratic Change (MDC) formationsresisted attempts by the Minister of Youth Development, Indigenisationand Empowerments to re-introduce the National Youth Service trainingprogramme, arguing that it was a Zimbabwe African National Union -Patriotic Front (ZANU PF) election strategy. According to the ZimbabweIndependent, Chimakure has since stated that the story did not originatefrom the Cabinet but rather from senior officials in both ZANU PF andthe MDC, as well as from non-governmental organisations. He statedthat they were aware they could be charged under the Official Secrets Actif they were to write the story based on Cabinet proceedings.Case ClosedBrezhnev MALABA and Nduduzo TSHUMA: editor and reporter respectivelyfor the state-owned newspaper The Buluwayo Chronicle, areon trial for criminal defamation and “publishing falsehoods” for an articlealleging police corruption. The charges stem from a January 2009story that alleged that senior police officials were involved in a GrainMarketing Board (GMB) scandal in which tonnes of maize was sold onthe black market in Zimbabwe and Zambia. On 17 March 2009, the twojournalists were made to sign a police statement. Malaba and Tshumaare reportedly the first journalists working for state-owned publicationsto be prosecuted under Zimbabwe’s media laws. Court case reportedlystill pending as of 21 October 2010; no further news as of 31 December2011. Case closed.AMERICASARGENTINAKilled: investigation ongoingAdams Ledesma VALENZUELA: Bolivian-born reporter for the communityweekly newspaper Mundo Villa and director of local TV stationMundo Villa, was found stabbed to death next to his home in the Argentineancapital Buenos Aires on 4 September 2010. According to hiswife, Valenzuela left home in the early hours of that morning, possiblyto fix an electrical problem in the neighbourhood. The journalist wasalso known as a community advocate and leader. The authorities had notidentified any suspects or disclosed possible motives for the murder. Valenzuela’swife said that a woman had approached her when she arrivedat the murder scene just after the attack and warned her that somethingsimilar might happen to her and her six children if they did not leave theneighbourhood. She also said that two women had approached her sisterthe following day and made similar threats. She filed a complaint withthe federal police and the authorities reportedly assigned federal agentsto patrol around the journalist’s home. Investigation: On 18 May 2011, aParaguyan citizen named Cristian David Espínola Cristaldo was reportedlycharged with murdering Valenzuela after the journalist tried to stophim from selling drugs to minors. The Forum for Argentinean Journalism(Foro de Periodismo Argentino) welcomed the progress in the investigationbut called attention to some alleged inconsistencies in the version ofevents to date and urged the authorities to fully investigate Valenzuela’sjournalism as a possible motive. No further information at 31 December2011.BOLIVIADeath threat* Mónica OBLITAS (f): journalist for La Paz-based newspaper La Prensareceived death threats in the period following the publication of an articleon 4 April 2011 which reported that forensic doctor Erika Hinojosa hadfalsified some reports in exchange for money. Her son has also receiveddeath threats and on 8 November he reportedly fled the country. Oblitasreceived the threats by phone and email. One message said: ‘You like toplay with forensic matters: the next (death certificate) will be yours.’Harassed*Juan PASTEN PENAFIEL: sports journalist, was arrested on 14 July2011 in Santa Cruz and charged with libel and defamation. The chargesrelate to claims made by Jorge Justiniano, president of the national footballassociation of Bolivia. Pastén was arrested by plain-clothes officersand flown to Cobija. According to reports, Pastén suffered a panic attackand was transferred to a clinic where he remained in police custody until15 July, when the court order was revoked and he given his liberty. Pasténhas been the target of libel charges before. According to journalismorganizations in Bolivia, the Press Law of 1925 states that cases linked tothe press are special cases and should be heard before a court specificallyset up to hear these complaints.Case ClosedDavid NIÑO DE GUZMAN: news director at Agencia de Noticias Fides(ANF), was found dead in the outskirts of the capital La Paz on 21 April2011. The body showed signs of severe trauma and it was reported thatan explosive charge had apparently been used to kill the journalist. ThePublic Prosecutor’s Office presented on 8 August 2011 the results of aninvestigation into the death of Guzmán which concluded that the journalistcommitted suicide. According to the report, Guzmán died as a resultof injuries caused by the detonation of a bomb that he himself has manufactured.The prosecutor said that Guzmán held the bomb to his chest andhis hands showed no injuries. The prosecutor added that there was noviolence beyond that.BRAZILKilled: motive unknownEdnaldo FIGUEIRA: blogger, owner of local newspaper O Serrano andleader of the Serra do Mel branch of the Worker’s Party (PT), was gunneddown on 15 June 2011 in Serra do Mel, in the state of Rio Grande doNorte. Figueira was shot six times by three unidentified men on a motorcycleas he was leaving work. According to the head of the PT in RioGrande do Norte, Figueira had received several threats in the past. He wasa leading opponent of mayor Josivan Bibiano de Azevedo and had justposted an investigative report on Serra Do Mel’s municipal finances onhis blog. A commission has been created to investigate the case. Update:on 8 July 2011 five suspects were arrested. Police said that they belongedto a gang of contract killers and that they had seized several weapons andlarge quantities of ammunition during the arrests.*Auro IDA: well-known columnist and political reporter of Olhar Diretowebsite was shot dead on 21 July 2011 by two gunmen on a motorbike.Ida was in his car with his girlfriend when two armed men approachedthem and asked the woman to leave the car and then they shot dead thejournalist before fleeing the scene. According to a reporter from OlharDireto, Ida had been investigating a story concerning local politicalcorruption. Also the president of the state legislative assembly Jose Riva,did not elaborate on their nature. Police have said that the murder wasa “crime of passion”. According to police, Ida had been dating BiancaNayara when her ex-husband decided to hire a gunman to shoot him.Rubens Alves de Lima paid R$2,000 (approx. US$1,150) to have thejournalist killed. Both the gunman and the man who contacted him aboutthe assassination plan are under arrest. Alves de Lima, who planned thehomicide, has not yet been found.Killed: investigation ongoingWanderley DOS REIS: journalist and owner of local free newspaperPopular News, was shot by three gunmen at his home on 16 October 2010and died in hospital the next day. According to Dos Reis’ housemate, thegunmen knocked at the door asking to see Dos Reis and then took himto the kitchen after which a gun shot was heard. No theft was recordedwhich raised the possibility of Reis having been killed for his journalisticwork. Dos Reis specialized in politics and urban infrastructure andcovered the Ibitinga area. Popular News, which appeared irregularly, wasreportedly opposed to Ibitinga’s current municipal authorities. 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