July-December 2010 caselist - PEN International

On trialAl-Haj Ali WARRAG and Fayez Al Sheikh Al SALEEK: respectivelyformer and current editor of the newspaper Arjas al-Huriya,are reportedly facing trial for “humiliating the state and publishingfalse news”, it was reported on 11 May 2010. The charges stem fromto a 6 April article by Warrag which supported a boycott of the Sudaneseelections called by Yasser Arman, the leader of the Sudan People’sLiberation Movement, accused the National Conference of voteriggingand strongly criticised President Omar al-Bashir. The journalistsare being prosecuted under Article 66 of the criminal law, andArticles 24 and 26 of the press law and reportedly face up to a yearin prison or a fine, or both. No further news as of 31 December 2010.Harassed*Sahal ADAM, Zahel AT-TIB, Qamer DULMAN, Fatima JAQUED(f), and Hanadi AS-SADIQ: journalists for the Arabic-language dailynewspaper Ajras al-Huriya, were reportedly summoned for questioningby security agents, it was reported on 9 August 2010. This occurred afterthey refused to fill in and return a questionnaire distributed to journalistsby the security services in July consisting of 26 detailed questions aboutpolitical viewpoints, friends, addresses, bank accounts, and floor plans ofjournalists’ homes. Critical publications were reportedly ordered to returnthe completed forms by 5 August. Adam refused to provide the informationand his editor was reportedly told that Adam would be arrested if hefailed to cooperate. The other journalists provided the information afterbeing interrogated for several hours.SWAZILANDOn trial*Bheki 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.The first criticized a judgment by a High Court full bench on a politicalcase brought by progressive groups, and the other criticized the ChiefJustice for a speech in which he referred to himself as a “makhulu baas”,slang for “big boss”. Makhubu denied that the articles he was chargedfor constituted contempt of court or criminal defamation.TOGOOn trial*Zeus K. AZIADOUVO, Jean-Baptiste K. D. DZILAN and Glakpé K.OLIVIER: managing editors of the privately-owned newspapers Liberté,Forum de la Semaine and Journal Le Correcteur, based in the capitalLomé, are on trial for “false publication” and “criminal defamation”. Thecase stems from a complaint filed by the country’s Inspector General ofPolice over an 8 May 2010 article in the three newspapers which allegedthat two traffic policemen had caused the deaths of a commercial motorbikedriver and his passenger after the driver ran a red traffic light. Thenewspapers quoted unnamed eyewitnesses who claimed that the policemenhad pushed the driver off his bike, resulting in his death as well as that ofthe passenger. The police have denied the accusations, claiming that theman died as a result of an accident caused by speeding. The editors werearraigned on 19 May 2010 and were due to make their third appearance incourt on 9 June. No further news as of 31 December 2010.UGANDAImprisoned: investigationPatrick OTIM: freelance journalist for the government vernacular newspaperRupiny and a radio station in Gulu District, is on trial for treason.Otim was reportedly arrested by plainclothes policemen from the Chieftaincyof Military Intelligence (CMI) along with seven supporters ofopposition political parties in May 2009, while local council by-electionswere taking place. He was held incommunicado without charge for morethan four weeks, during which time officials denied that Otim was ingovernment custody. The journalist finally appeared in court on 15 June2009 in response to a habeas corpus application filed by human rightslawyers. He was charged with treason, along with 10 others, for allegedlyforming an armed rebel movement named the Popular Pacific Front(PFP) with the aim of overthrowing the government. The accused wereremanded in custody and sent to Luzira Prison in the capital Kampala.As of late June 2009, the government was reportedly yet to produce anyevidence to back up the charges but it claimed to have seized weaponsand military equipment related to the alleged crime. Two of the 10 otherdefendants are reportedly former members of the Lords Resistance Army(LRA). Otim’s case passed to the High Court on 18 November 2009.On 5 January 2010, it was reported that he was facing a possible deathsentence. Otim’s trial was reportedly scheduled to commence in February2010 but was postponed. On 7 July it was reported that Otim had still notbeen brought to trial and was being pressurized to apply for amnesty, acontroversial provision in Ugandan law that gives blanket immunity toall rebels who make a full confession. According to his lawyer, Otim hasrefused amnesty and wants his case to be brought to court. No furthernews as of 31 December 2010; PEN is seeking an update.On trialMoses AKENA: reporter for The Daily Monitor, is on trial for allegedcriminal defamation of the Deputy Resident Commissioner of GuluDistrict in a case brought on 10 August 2009. The charges reportedlyrelate to a story Akena wrote on corruption. His petition to suspend histrial pending the outcome of a constitutional challenge of criminal libelstatutes before the Supreme Court was rejected but then quickly reversedby a higher Magistrate Court on appeal. As of May 2010, Akena was stillregularly reporting to court as part of his bail conditions but the case hadstill not gone to trial. No further news as of 31 December 2010.Joachim BUWEMBO and Bernard TABAIRE: Buwembo and Tabaireare former managing editors of the Daily Monitor; Tabaire is now acolumnist for the same newspaper. Both were charged in their capacityas managing editors with defaming the Inspector General of Governmenton 28 January 2008. The charges are based on a 17 August 2007 articleon alleged irregular salary claims made by the official.Two other Daily Monitor journalists, news editor Robert Musaka (nowwith the Observer) and chief parliament reporter Emmanuel Gyezahowere also charged with one count each. All four were released on bailpending trial. In June 2009, it was reported that Buwembo, Mukasa,Tabaire and Gyezaho had unsuccessfully challenged the constitutionalityof Section 179 of Uganda’s Penal Code Act on criminal defamationbefore Uganda’s Constitutional Court. Their petition was unanimouslydismissed. The journalists said they would take the petition to the SupremeCourt, the country’s highest court. Senior reporter Angelo Izama wasnamed in the lawsuit but was not charged because he was abroad; he islikely to be included if the petition is dismissed by the Supreme Court17