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INTERNATIONAL PEN
WRITERS IN PRISON
COMMITTEE
CASELIST
July to December 2002
INTERNATIONAL PEN
WRITERS IN PRISON
COMMITTEE
HALF-YEARLY CASELIST
To 31 December 2002
International PEN
Writers in Prison Committee
9/10 Charterhouse Buildings
London EC1M 7AT
United Kingdom
Tel: + 44 0207 253 3226
Fax: + 44 0207 253 5711
e-mail: intpen@gn.apc.org
web site: www.internatpen.org
INTERNATIONAL PEN
Writers in Prison Committee
International PEN is the leading voice of literature worldwide, bringing
together poets, novelists, essayists, historians, critics, translators, editors,
journalists and screenwriters. Its members are united in a common concern
for the craft and art of writing and a commitment to freedom of expression
through the written word. Through its Centres, PEN operates on all five continents
with 132 centres in 95 countries.
Founded in London in 1921, PEN connects an international community of writers.
It is a forum where writers meet freely to discuss their work. It is also
a voice speaking out for writers silenced in their own countries.
The Writers in Prison Committee of International PEN was set up in 1960 as
a result of mounting concern about attempts to silence critical voices around
the world through the detention of writers. It works on behalf of all those
who are detained or otherwise persecuted for their opinions expressed in
writing and for writers who are under attack for their peaceful political
activities or for the practice of their profession, provided that they did
not use violence or advocate violence or racial hatred.
Member centres of International PEN are active in campaigning for an improvement
in the conditions of persecuted writers and journalists. They send letters
to the governments concerned and lobby their own governments to campaign
for the release of detained writers and for investigations in cases of torture
and killings. Through writing to the families and, where possible, directly
to prisoners, they provide encouragement and hope.
International PEN has consultative status with the United Nations and with UNESCO.
Information sources
The WiPC gathers its information from a wide variety of sources. It seeks
to confirm its information through two independent sources. Where its information
is unconfirmed, it will either take not action, or send an appeal worded
to reflect the fact that the information is as yet incomplete. Sources include
press reports, reports form individuals in the region in question, reports
from other human rights groups PEN members themselves, embassy officials,
academics, prisoners’ families, lawyers and friends, and exile groups. It
also works with international NGOs, such as Amnesty International and Human
Rights Watch. It is a founder member of IFEX – the International Freedom
of Expression Exchange. IFEX is a collaborative, on-line service in which
several groups involved in the campaign for free expression pool information.
Other members include Article 19, the Committee to Protect Journalists, Index
on Censorship, the International Federation of Journalists and Reporters
sans Frontieres, as well as regional and national groups. For further details
see the IFEX website www.IFEX.org
Our work would be impossible without our Sponsors who include: Artikel 19,
NOVIB, Swedish International Development Foundation, Norwegian Ministry for
Foreign Affairs, the Fritt Ord Foundation, UNESCO Individual donations
and membership fees from PEN members
CONTENTS
1. Explanation of terms
2. List of cases by country
Africa
The Americas
Asia and the Pacific
Europe
Middle East
3. List of main cases by country
4. List of Centres with Honorary Members
5. Case statistics
The Writers in Prison Committee of International PEN records of persecuted
writers are updated daily. For up-to-date information on a particular
country (or countries), contact the Writers in Prison Committee headquarters
in London.Anyone wishing to take action on any individual mentioned in this
Caselist should contact the Writers in Prison Committee headquarters for
any update there may be on the case and for advice on appeals.
EXPLANATION OF TERMS USED
Important: Please Read
Main Cases
Those cases listed as 'main cases' are those where the Writers in Prison Committee is confident that:
i. the person is a writer or journalist or is persecuted because of their writings;
ii. the person has not used violence towards his or her aims or advocated racial hatred.
In these cases, the Writers in Prison Committee will take all possible action
for their release or for compensation. In cases where a prisoner is held
without charge or trial for a considerable length of time, the Writers in
Prison Committee will consider them to be a main case until and unless information
is provided which shows that they have used violence or advocated racial
hatred.
Judicial concern
These are cases where the main concern includes convictions based on trial
proceedings which were manifestly unfair, where there are serious concerns
regarding allegations of torture or where there are other irregularities
in the judicial process. In these cases, the Writers in Prison Committee
calls for a re-trial following fair trial practice or is calling for an investigation
of the alleged malpractice and for those found guilty of committing such
acts as torture to be brought to justice.
Investigation case
An investigation case is one where the Writers in Prison Committee:
i. needs more information to ascertain whether a person is a writer or is persecuted for their writings;
ii. is not clear as to whether or not he or she has used violence or advocated racial hatred;
iii. has insufficient information to confirm that the event has taken place;
iv: is seeking confirmation that the person is still detained.
The Writers in Prison Committee publishes details of investigation cases
so as to provide a complete account of reports of abuses against individuals
practicising their right to free expression in all countries. However,
it will not usually call for their release. Once sufficient information is
available, their cases will be reclassified as a main case or dropped as
appropriate.
The last report was dated June 2002.
CASELIST – July to December 2002
International PEN Writers in Prison Committee
Details current up to 31 December 2002
AFRICA
ALGERIA
Sentenced/awaiting Supreme Court decision
Mohamed SMAIN: President of the Relizane branch of the Ligue algérienne
pour la défense des droits de l’homme (Algerian League for the Defence
of Human Rights - LADDH), was sentenced to one year’s imprisonment on 24
February 2002 on charges of defamation. Smain remains at liberty whilst awaiting
a decision by the Supreme Court on the verdict. *No further news as of 31
December 2002.
On trial
Salima TLEMÇANI (f): journalist with the French-language El Watan,
was charged on 25 February 2002 with “defaming the army”. El Watan’s editor,
Omar Belhouchet, is to be tried alongside Tlemçani on the same charges.
Tlemçani was questioned by the judiciary police on 28 January 2002
regarding a complaint lodged by the Defence Ministry that they had been defamed
in an 11 December 2001 El Watan article. The judge postponed the opening
until 18 March. *No further news as of 31 December 2002.
Mohamed BENCHICOU and Sid Ahmed SEMIANE (aka SAS): director and columnist
respectively with the daily Le Matin, face eleven counts of defamation brought
by the Ministry of Defence on 26 March 2002. *No further news as of 31 December
2002.
Omar BELHOUCHET: editor of the daily newspaper El Watan, is standing trial
on charges of "attacking official bodies", based on an interview given
to a television station in 1995. The Algiers Appeals Court prosecutor has
demanded that a one-year prison sentence be handed down with no possibility
of parole. The court’s verdict was due on 4 March 2002. Belhouchet also stood
trial on 18 March on charges of defaming the army. WiPC investigating outcomes
of both trials. *No further news as of 31 December 2002.
Attacked
*Abdelhai BELIARDOUH: journalist with El Watan, attacked and briefly detained
by a group of businessman in Tebessa on 20 July 2002. Died on 20 November
2002, allegedly by his own hand.
Threatened
*Nabil CHAOUI: journalist with Le Jeune Indépendant, was reportedly
threatened by two men in Annaba on 19 September 2002 in connection with an
article on a prominent businessman.
*Ali HEMICI and Ghanem KHEMISSI: journalists with El Ahdath and Erraï
respectively, were threatened in Annaba in mid-September 2002 by a local
official of the Rassemblement national démocratique (RND).
BOTSWANA
Attacked
*Moreri MOROKA: reporter for the bi-weekly Mokgosi and renowned poet, was
attacked and threatened by a group of about 100 students whilst covering
a student protest on 5 December 2002.
Threatened
*Alice BANDA (f): reporter with the weekly The Voice, has received numerous
threatening telephone calls following the publication of an investigative
article on 4 October 2002. The article centred on the availability of illegal
abortions.
BURKINA FASO
Brief detention
*Christophe KOFFI: Ouagadougou correspondent for Agence France Presse (AFP),
was detained by plainclothes policemen on 7 August 2002. Police questioned
Koffi in connection with the murder in Burkina Faso in August of an exiled
Ivoirean former government minister.
CAMEROON
Main case
Georges BAONGLA:
Profession: publication director with the weekly Le Démenti, Sentenced:
five years Date 9 January 2002 Expires: 8 January 2007*It was reported on
8 November 2002 that Baongla had been released. WiPC attempting to verify
information. Details of charges and trial: Baongla has been sentenced to
five years’ imprisonment on alleged corruption charges. The journalist was
first arrested on 22 August 2001, for "publication of false news". The detention
was linked with an article published on 14 August in Le Démenti which
implicated Minister of the Economy and Finances Michel Meva'a M'Eboutou in
an embezzlement case. Baongla was ordered to reveal his sources for the article
despite the fact that Cameroonian law allows for the right of journalists
to withhold such information. Baongla was held briefly on accusations of
“breach of trust” for allegedly not paying a loan back to the nephew of a
government minister, a charge the journalist denied. He was arrested again
on 9 January 2002. Two days later he appeared before a judge and was transferred
to Nkondengui central prison in the capital Yaoundé. He had been tried
in absentia in October 2001 and sentenced to five years’ imprisonment and
a fine of 17 millions CFA francs. Baongla was only informed about this trial
after it had taken place. He had been found guilty of an alleged extortion
of ten million CFA francs from an official at the Ministry of the Economy
and Finances. However, according to the editorial board of Le Démenti,
the charges were baseless. They also claimed that Baongla had been persecuted
on account of a series of articles in Le Démenti denouncing financial
malpractice by the Minister of the Economy and Finances. Honorary Member:
American and English PEN
Brief detention
*Haman MANA and Léger NTIGA: publication director and society editor
of the weekly Mutations respectively, were detained by police for five hours
on 22 October 2002. They were questioned about their sources for articles
about the police.
CENTRAL AFRICAN REPUBLIC
Kidnapped
*Prosper N’DOUBA: publication director of Centrafrique Presse and presidential
spokesperson, was kidnapped by supporters of General Bozizé on 25
October 2002, the day the general attempted to carry out a coup d’état.
Threatened
*Joseph BENAMSE: correspondent for Associated Press, was threatened on 14
November 2002 by a presidential chauffeur who is also the head of an armed
militia group who took offence at what he alleged was Benamse’s biased reporting
of the attempted coup d’état.
*Maka GBOSSOKOTTO: director of the daily Le Citoyen, received a number of
threats at the beginning on December 2002 and is at risk of being arrested.
The threats are believed to emanate from CAR government officials who are
at odds with Le Citoyen’s denunciations of the actions of Congolese troops
stationed in CAR in support of the country’s president Ange-Félix
Patassé, following the attempted coup on 25 October.
DEMOCRATIC REPUBLIC OF CONGO
Main Cases
*Delly BONSANGE and Raymond KABALA
Profession: publisher and publication director respectively of the Kinshasa-based
newspaper Alerte Plus, Date of Arrest: 22 and 19 July 2002 respectively
Sentence six months and one year (reduced to 7 months) respectively Expires:
February 2003
Details of arrest and trial: Both were sentenced on 6 September 2002.
Bonsange was ordered to pay US$100,000 damages and given a six-month sentence
for making “written falsehoods”. Kabala was fined US$200,000 damages and
sentenced to twelve months’ imprisonment for making “harmful accusations”.
The verdicts stem from an 11 July 2002 Alerte Plus article speculating about
the health of Security and Public Order Minister Mwenze Kongolo, and claiming
that he had been repeatedly poisoned. Perversely, the court recognised that
no press law had been violated in of itself. Furthermore, Kongolo himself
had only sought US$50,000 damages. Kabala was arrested on 19 July and reported
that he was tortured until he confessed that Bonsange was the author of the
article. Bonsange was subsequently detained on 22 July (coincidentally National
Press Day) and brought before the court the next day for an initial hearing.
Bonsange, publisher of the Kinshasa-based newspaper Alerte Plus, was released
on 3 December 2002 after his six-month sentence was commuted to a fine on
appeal. The prison term handed down to Raymond Kabala, the newspaper’s publication
director, will expire in February 2003, having been reduced from twelve to
seven months on appeal, with the payment of 1m Congolese francs (approx.
US$2,500). Their lawyer, Sébastien Kayembe Nkokesha, was car-jacked
by a group of armed uniformed men in Kinshasa on 15 October 2002. He had
an unidentified liquid sprayed into his eyes and was beaten with iron rods
before being left for dead in the town of Kimbondo. Health concerns: Bonsange,
a diabetic, was moved to Kinshasa General Hospital on 26 September after
a check-up from a prison doctor. His condition has been caused by a change
in his diet since entering prison and being barred from taking his diabetes
medication in the first few days of his imprisonment.
On trial
*Jean-Louis KALUMBA: publisher of Lubumbashi-based newspaper Mwamgaza, was
charged on 23 September 2002 with making "harmful accusations" against the
bishop of Sakania-Kipushi diocese. Kalumba had written an article accusing
the bishop of misappropriating funds.
Brief detention/facing charges
*Eugène NGIMBI MABEDO: publisher of the weekly L'Intermédiaire,
was arrested on 7 August 2002 and charged with "defamation against the Court
of Military Order (COM) and the COM's public prosecutor, Colonel Charles
Alamba" following a carefully researched article on the arrest of two human
rights activists. Believed to have been released.
Brief detention
*Achille EKELE NGOLIMA and Damien BAITA: publication director and editor-in-chief
respectively of the satirical newspaper Pot-Pourri, were arrested on 31 July
2002 after a complaint filed by the president of the opposition party FONUS.
Baita was released the same day. Ekele was released on 15 August when an
prosecutor’s office ordered that charges against him be dropped.
*Raymond LUAULA, Bamporiki CHAMIRA, Hilaire MUTULWA, Kabongo MABIKA and Edo
KALEMANI: publication director, head of investigations, personnel director,
marketing director and printing operations chief respectively for the daily
La Tempête des Tropiques, were arrested in Kinshasa on 11 July 2002.
The five men were interrogated about a 10 July article on a confrontation
between civilians and soldiers in the capital which resulted in four deaths.
The five were released the same day.
*Eugène Ngimbi MABEDO: publisher of the Kinshasa-based L’Intermédaire,
was arrested on 7 August 2002 by police officers. He was questioned four
times about a 2 August article on the civil society campaign to have two
human rights activists released.
EQUATORIAL GUINEA
Sentenced/released
*Fabian NSUE NGUEMA OBONO: lawyer and Popular Union party member, was arrested
in Malabo on 29 April 2002 and committed to Black Beach penitentiary to await
trial. Obono was tried in July after which he was sentenced to one year in
prison. The charges against him related to an article published on the internet
in which he criticised the government for cancelling a promised increase
in salary for civil servants. In jail he was reportedly tortured, sustaining
several serious injuries. He received no medical treatment for these injuries.
Nsue was released on 17 October, five days after the announcement of a general
amnesty for prisoners in celebration of Independence Day.
ERITREA
Main cases
Yusuf MOHAMED ALI (editor-in-chief, Tsigenay), Mattewos HABTEAB (editor-in-chief
Meqaleh), and Dawit HABTEMICHAEL (reporter Meqaleh), Medhanie HAILE (editor-in-chief
Keste Debena), Emanuel ASRAT (Zemen), Temesken GHEBREYESUS (Keste Debena),
Dawit ISAAC (Setit), Selayinghes BEYENE (reporter Meqaleh), Fesshaye YOHANNES
(publisher Setit), Said ABDELKADER (writer and editor Admas and owner of
the press that printed most of the independent newspapers) and Wedi ADE,
(Zemen):
Date of arrest: in the days following 23 September 2001. Sentence: not yet sentenced
Details of arrest and charges: According to news reports, presidential adviser
Yemane Gebremeskel stated that the journalists may have been arrested for
avoiding military service. However, it has also been reported that Yusuf
Mohamed Ali is too old for national service and is therefore legally exempt.
This is the second time that Said Abdulkader has been reported missing, presumed
arrested. Other journalists have had their houses searched. The detentions
came in the wake of the closing down of all eight independent newspapers
by the authorities on 18 September 2001 (these include the weeklies Meqaleh,
Setit, Tsigenay, Zemen, Wintana, and Admas). Since then, only the state newspaper,
Hadas Eritrea, has been published. The authorities have either denied that
a clampdown has taken place, claiming instead that the journalists have merely
been sent to carry out their national service; or that the closures and mass
arrests were necessary for the sake of national unity, or were effected because
of the failure of the newspapers to comply with laws covering media licences.
However, a more likely explanation is that the crackdown is an attempt to
stamp out criticism of the Eritrean government’s treatment of students and
political dissenters, and its prosecution of the war against Ethiopia. On
31 October 2001 it was reported that the first seven above named journalists
had been held incommunicado at a police station in the capital Asmara since
their arrest. They had not apparently been charged or taken to court. Eritrean
law states that this must take place within 48 hours of an arrest. On 3 December
2001, a separate report confirmed that all but two of the above were in detention.
There was no news of Adowit Isaac or Fitzum Wedi Ade. The latter was arrested
on 20 September and has not been seen since. All those detained have had
their bank accounts frozen and assets confiscated. Their relatives have not
been allowed to visit them.
On 5 April 2002, Yusuf Mohamed Ali, Mattewos Habteab, Dawit Habtemichael,
Medhanie Haile, Temesgen Gebreyesus, Emanuel Asrat, Dawit Isaac, Fessehaye
Yohannes and Said Abdulkader started a hunger strike to protest against their
detention. All ten were said to be refusing food until they are released
or tried fairly. When they began their hunger strike the prison authorities
allegedly denied them water. Health Concerns: Dawit Isaac, a Swedish
citizen of Eritrean origin, has been hospitalised under strict security.
There are allegations that his need for medical aid is a direct result of
his treatment in prison. He was last heard of in April 2002 in Halibet Hospital
in Asmara undergoing surgery. Honorary Members: American PEN
Mahmud AHMED SHERIFFO, Haile WOLDETESNAE, Petros SOLOMON, Saleh Idris KEKIA,
General Ogbe ABRAHA, Astier FESHATSION, Berhane GHEBRE EGHZABIHER, Hamid
HIMID, Estifanos SEYOUM, Germano NATI and Beraki GHEBRE SELASSIE: former
Minister of Local Government, former Minister of Trade and Industry, former
Minister of Fisheries, former Minister of Transportation and Communication,
and former Chief of Staff of the Defence Force and Minister of Trade and
Industry respectively (the final six were also former members of government),
have been detained since 18 or 19 September 2001 after the publication in
May 2001 of an open letter critical of the government addressed to members
of the ruling People’s Front for Democracy and Justice party. All eleven
were members of the so-called G-15, a group of fifteen PFDJ senior officials
who signed the letter. They were arrested in Asmara on 18 and 19 September
2001 and accused of crimes against national security and sovereignty. A twelfth
G15 member was also arrested but was released when he recanted. The three
remaining members were abroad at the time of the arrests and have not returned
to Eritrea. In February 2002, in the first parliamentary session since 2000,
President Issayas Afewerki declared that the G-15 members had "committed
treason by abandoning the very values and principles the Eritrean people
fought for". The National Assembly therefore "strongly condemned them for
the crimes they committed against the people and their country”. After such
statements it seems highly improbable that the eleven currently held will
receive a fair trial. The eleven are held incommunicado and it is not known
whether they have been formally charged.
Simret SEYOUM, editor of the independent newspaper Setit, reported as having
gone missing in the aftermath of the press clampdown on 18/19 September 2001.
In March 2002, a fellow journalist reported that Seyoum had been arrested
and was in Forto Sawa prison. It has since been confirmed that Seyoum was
arrested on 6 January 2002 whilst trying to cross the border into Sudan to
seek asylum. He is still detained.
Investigation cases
*Ezra FESSEHAYE: journalist with the government-owned newspaper Hadas Eritrea,
was arrested by security forces in July 2002 and has not been heard of since.
Fessehaye, who analysed international news for Hadas Eritrea, was also the
founder of a computer design company, Juventus. He was apparently arrested
on the grounds that his company had been forging passes allowing Eritrean
citizens to travel around the country. Freedom of movement in Eritrea is
restricted to those holding government-issued passes and a number of students
were apprehended in July with false passes. However, it is believed that
the forgery charges are being used as a pretext to detain Fessehaye.
Zemenfes HAILE: a former editor and co-founder of the now banned weekly Tsigenay,
has been detained for nearly three years. The authorities claim that he failed
to finish his period of national service. Haile asserts that he completed
it in 1994. He was held in the Zara labour camp until December 2000 when
he was moved to an undisclosed location. His whereabouts since then are unknown.
Disappeared/possibly imprisoned or conscripted
Paolos ZAID (Eritrean Profile), Zemenfes HAILE (Tsigenay), Ghebrehiwot KELETA
(Tsigenay), Akhader AHMEDIN (Tsigenay), Omer "ABU AKLA" (Tsigenay), Meles
NIGUSSE (Tsigenay), Medhanie HAILE (Keste Debena), Yebio GHEBREMEDHIN (Mekalih),
Muluberhan HABTEGEBRIEL (Setit), AMANUEL (Mana), GHEBREMEDHIN (Millenium),
Daniel HABTE (Eri-Tempo): all journalists with Eritrean publications (as
indicated), are missing presumed imprisoned or forcibly conscripted into
the army and sent to the front line in the conflict with Ethiopia (a cease-fire
declared in December 2000 is still in force). Zaid was arrested at his home
in late April 2001. His current whereabouts are unknown, as is the reason
for his arrest. Haile was captured by security agents early on in 2000. He
is reported to have been tortured before being transferred to Zara hard labour
detention centre. He has never been charged with any offence. Keleta was
arrested on the way to his office in July 2000. His current whereabouts and
the reason for his arrest are unknown. Eritrean Justice Minister Foazia Hashim
wrote to the Committee to Protect Journalists (CPJ) on 15 June 2001 claiming
that five of the fifteen initially reported as missing were employed with
non-governmental organisations or local publications and that "the remaining
journalists are performing their obligations in the National Service Program."
Honorary Members: Ghanaian PEN
ETHIOPIA
Main cases
*Tewodros KASSA
Profession: former editor-in-chief of the weekly newspaper Ethop, Sentenced:
two years’ imprisonment Date of sentence: 10 July 2002 Expiry of sentence:
9 July 2004
Details of trial: sentenced on 10 July 2002 on charges of disseminating false
information. Kassa was found guilty of “fabricating information that could
incite people to political violence” and that he had defamed a “Mr Duki"
by “disseminating false information through the newspaper". The charges related
to three Ethop articles published in 2001. He began his sentence immediately.
Tewodros Kassa was first imprisoned in June 2000, again for allegedly fabricating
information that could incite people to political violence, a charge for
which he served a one-year term.
Honorary Member: English PEN.
Lubaba SAID (f):
Profession: former editor-in-chief of the newspaper Tarik Date of sentence 3 April 2002 Sentence one year Expires: 2 April 2003
Trial details: sentenced to one-year’s imprisonment on 3 April 2002. She
had been found guilty under the Press Law Proclamation 34/1985 E.C. of "fabricating
news that could have a negative psychological effect on members of the armed
forces and disturb the minds of the people”. The charges were related to
two Tarik articles published in August 1996 entitled, "The OPDO cadre official
who has replaced Samora Yenous in Eastern Oromia has defected," and, "The
President's Personal security guards are said to have defected." Honorary
Member: PEN USA West, Ghanaian PEN, English PEN, Canadian PEN, Norwegian
PEN
Disappeared: investigation
Asheber BEKELE: journalist with the Amharic weekly Genanaw, was reportedly
arrested at his house 24 April 2001 along with other individuals suspected
by the police of having taken part in the riots. His whereabouts are unknown
although it is suspected that he is being held at Addis Ababa police headquarters.
*No further news as of 31 December 2002.
Attacked
*Yonas WOLDE SENBET: a journalist with Tobbia, was beaten by police on 27
December 2002 whilst covering clashes in Addis Ababa. He was admitted to
hospital for treatment.
Trial pending
Shimelis ASFAW: formerly editor-in-chief of Ethio-Time, was charged with
disseminating fabricated information about the government and its officials
that could affect public opinion. The charge was based on a July 2001 article
in Ethio-Time entitled, "General Haile Tilahoun removed; Assaminew Badane
detained by police at airport, his whereabouts unknown." Released on bail
of 2,000 birr (approx. US$240). Case adjourned until 29 May 2002. No further
information. Case presumed to have been postponed.
Arega Wolde Kirkos AYELE, editor for the newspaper Tobbia, was summonsed
in November 2001 and advised that that press charges had been filed against
him at the Federal High Court. Ayele was charged in March 2002 at the Federal
High Court with defaming the Ethiopian Electric Power Corporation. The charges
related to the publication in Tobbia in July 1999 of an article entitled
"The Ethiopian Electric Power Corporation has been neglected"; and an August
1999 article entitled "Employees of the Ethiopian Electric Power Corporation
are protesting". He was released on bail of 1,000 birr (approx. US$120) and
his case was adjourned until June 2003. Ayele was also charged with defamation
of the Health and Nutrition Institute by publishing a September 2000 article
entitled "Research by a Human Being". On this charge Ayele was released on
bail of 2,000 birr (approx. US$240) by the Federal High Court. The case was
adjourned until October 2003.
Tigist BEHAILU (f): editor-in-chief of the newspaper Tinkish, was charged
on 4 March 2002 with defaming Ato Mengistu Mihretu and his wife in a March
2001 article. Released on bail of 3,000 birr (approx. US$360). Her case has
been adjourned until October 2002. PEN is seeking further details. Kidushabte
BELACHEW: editor-in-chief of the newspaper Mebrek was summoned on 19 November
2001 to the Central Investigation Office (Makelawi) and advised that charges
had been filed against him at the Federal High Court under the country’s
press laws. Belachew had been detained originally on 10 May 2001 in connection
with his newspaper’s coverage of demands made by students in Addis Ababa.
He was released on bail of 10,000 birr (approx. US$1,200) and told that further
investigations would be made into the case. Belachew made a statement to
police on 29 March 2002 in connection with alleged violations of Press laws
and the Penal Code. He was released on bail of 5,000 birr (approx. US$600)
and ordered to appear at the Federal High Court on 23 April 2002. PEN seeking
further details.
Garedew DEMISE: editor-in-chief of the newspaper Arbegnaw, was released on
bail in June 2002. He had been held on remand since March 2002 when the Federal
High Court had fined him 500 birr (approx. US$60). Presumed to be facing
charges.
Ato Kebebew Gebyehu FILATE: editor for the newspaper Tobbia, was charged
under the press laws in March 2002 at the Federal High Court. He was released
on bail of 2,000 birr (approx. US$240). The charges relate to the publication
in Tobbia in September 2001 of an article entitled "This challenging situation
could provoke the people into mounting a new form of struggle"; and a December
2001 article entitled "People of North Shoa zone have been embittered by
false accusations, illegal administration reigns supreme". Filate is charged
with defamation in regard to the latter article. The case was adjourned until
Wesenseged (or Wondwossen) GEBREKIDAN : deputy editor-in-chief of the newspaper
ETOP, was summoned on 19 November 2001 to the Central Investigation Office
(Makelawi) and advised that charges had been filed against him at the Federal
High Court under the country’s press laws.
On 8 March 2002, Gebrekidan was charged with “disseminating fabricated information
that could affect public opinion”, The charge stems from an article entitled
"Prosecutor and Police Under Tension" in which it is alleged that Gebrekidan
falsely reported that there were three types of police force, and that he
stated that "the organisation of the prosecutor (Ministry of Justice) is
ethnically-based". He was released on bail of 2,000 birr (approx US$240)
and his case was adjourned until 4 May 2002. No further information. Trial
presumed to have been postponed.May 2002. No further information. Case presumed
to have been postponed.
Berhanu MAMO: editor-in-chief of the newspaper Abyssinia, was charged on
22 March 2002 with violating the Press Proclamation in connection with an
article in Abyssinia entitled, “Oromigna speaking generals fall under the
suspicion ring of Tigrigna speakers". Released on bail of 1,000 birr (approx.
US$120). Trial pending.
Tsega MOGES: the editor-in-chief of the newspaper Zare New, has been charged
with violating the Press Proclamation and the Penal Code. He made a statement
to police on 26 March 2002 regarding the charge and was released on bail
of 5,000 birr (approx. US$600). The charge relates to the publishing in Zare
New on 23 February 2002 of a press release entitled, "The Benishangul People’s
Liberation Movement makes a call for struggle."
Abinet TAMRAT: publisher and editor-in-chief of the newspaper Madona, was
charged with disseminating unethical literature nationwide. The charge was
based on two Madona articles: "Sisters in America" published in September
1998 and "From the World of Love" published in May 1999. Released on bail
of 2,000 birr (approx. US$240). Case adjourned until later in 2002. On 15
March 2002, the Federal High Court Second Criminal Bench fined Abinet Tamrat
1,000 birr (approx. US$120) for publishing and distributing issues of Madona
without having renewed the newspaper’s licence.
Zekerias TESFAYE: publisher of the weekly Netsanet, was arrested on 25 January
2002 and charged with “defamation” and “publishing fabricated news”. He was
released on bail of 5,000 birr (approx. US$600). The charges stem from a
Netsanet article concerning high-flying businessman Sheikh Mohamed al-Amoudi.
Melese SHINE: editor-in-chief of the weekly Ethiop, was held in custody from
20 March 2002, following an initial hearing at the Federal High Court, to
25 June 2002 when he was released on bail of 12,000 birr (US$1,440). He was
initially denied the right to bail and ordered to be detained until a further
hearing on 26 March 2002. At this latter hearing, bail of 10,000 birr (approx.
US$1,200) was imposed on him. He declared that he was unable to raise this
amount and so remained in custody. Shine is charged with publishing and disseminating
an article defaming the head of government, and the publication of an interview
with an alleged member of an illegal group. The charges relate to two 1993
Ethiop articles entitled, “Who is Meles Zenawi," and, "Overthrow of power
through the gun will continue." Shine had previously been released on 7 January
2001 on bail of 10,000 birr on charges of “endangering national security
by disseminating false information nationally”. The Ethiopian Free Press
Journalists Association (EFJA) raised money from international organisations
to meet Melese Shine’s bail.
Gizaw TAYE WORDOFA: the editor-in-chief of the newspaper Lamrot, was arrested
by police on 15 March 2002 and taken to the Central Investigation Office.
He has been charged with publishing and disseminating “immoral and indecent
literature" in the April/May edition of Lamrot. He remained in police custody
until 24 June 2002 when the EFJA posted his 2000 birr (approx. US$240) bail
.
Tamirat ZUMA: publisher and editor-in-chief of the defunct Amharic weekly
Atkurot, was arrested on 25 May 2001 on four charges including incitement
to violence or rebellion, failing to pay a publishing licence fee, and defamation.
The incitement charge is based on an article published in Atkurot in 1999
in which a retired general claimed that the Ethiopian government would eventually
be overthrown. Zuma is also to be tried for his apparent failure to renew
the licence for Atkurot whilst it was still being published. The final charge
relates to an article which appeared in the newspaper alleging financial
mismanagement at a factory. Zuma was released on 4 March 2002 when bail of
16,000 birr (approx. US$2000) was raised by the Ethiopian Free press Journalists
Association (EFJA). He had spent over nine months in prison awaiting trial
which is still pending. Honorary Member: PEN USA West
Ato BEHAILU DESALEGN: editor-in-chief of the English-language weekly Capital,
was summoned to appear on 31 October 2001 at Zone 1, Woreda 3 police station.
He was duly charged with libel and causing loss of income and released on
bail of 2000 birr (approx. US$240). The charges are based on an article published
in the 28 October edition of Capital entitled "Moha Soft Drinks Industry
at Odds with Customers" which dealt with the company’s controversial advertising
campaign. Capital had received a number of intimidating phone calls and visits
before Behailu was summonsed.
Yohannes ABEBE: publisher and editor-in-chief of Gohe/Moresh newspaper and
magazine, was summoned in November 2001 and advised that six press charges
had been filed against him at the Federal High Court.
Leykun ENGIDA, publisher and editor-in-chief of the newspaper Dagim Wonchif,
was summoned in November 2001 and advised that press charges had been filed
against him at the Fourth Criminal Bench of the Federal High Court.
Adane HAILU: deputy editor-in-chief of Netsebrak, received a written order
to report to the police on 6 November 2001. It is not known if he was allowed
bail after making a statement.
Tesahalene MENGESHA: deputy editor-in-chief of Mebrek, was summonsed and
advised by the Central Investigation Office (Makelawi) that a new press charge
had been filed against him at the Third Criminal Bench of the Federal High
Court. Mengesha also received a written order from the Central Investigation
Office (Makelawi) to report to the police on 12 November 2001. It is not
known if he was allowed bail after making a statement.
Abraham G-KIDAN: editor-in-chief of the newspaper Poletica, gave a statement
to the police in the first week of November 2001. He was released on bail
of 2,000 birr (approx. US$240)
Tesfa TEGEGNE: former editor-in-chief of newspaper Remet, still believed
to be facing two charges in the Second and Third Criminal Benches of the
Federal High Court dating back to a 1997 Remet article. Previously convicted
on libel charges in October 2000 and sentenced to two months’ imprisonment
after being held on remand for eight months.
Tsegaye AYALEW & Robel MITIKU: editor-in-chief of Genanaw and editor-in-chief
of Gohe respectively, were among several editors-in-chief of private newspapers
ordered to report to the Central Investigation Department in Addis Ababa
between 19 and 26 November 2001. Ayalew was arrested after giving a statement
on 20 November whilst the same fate befell Mitiku the next day. Bail of 10,000
birr (approx. US$1,200) was demanded for each journalist.
Ayalew also spent several weeks in custody in June 2001 before his 500 birr
(US$60) bail could be raised. He was charged with violating the press law.
Prof. MESFIN WOLDEMARIAM and Dr BERHANU NEGA: academics and human rights
activists Details of arrest: both arrested on 8 May 2001 on charges of incitement
to violence. Reasons for arrest: the arrests came as a result of an 8 April
forum on academic freedom at Addis Ababa university in which the two academics
had taken part. Trial details: In the face of protests from the prosecution
team, Mesfin and Berhanu were both bailed on 5 June 2001 pending trial. Bail
was set at 6,000 and 10,000 birr (approx. US$720 and US$1,200) respectively.
Defence lawyers lodged their objections to the charges. The trial was due
to open on 4 December 2001. The case is also being heard by the United Nations
High Commissioner for Human Rights’ Working Group on Arbitrary Detentions,
who should render an opinion sometime after 19 November 2001.
No further information as of 30 June 2002.
GAMBIA
Brief detention/death threats/fled
*Pa Ousman DARBOE: reporter with the Independent, was arrested on 2 August
2002 and held incommunicado for four days before being released on bail.
He was questioned regarding the journalist’s report on the remarriage of
the country’s vice-president. On his release, Darboe reportedly received
a number of death threats from members of the Youth Action Group (YAG). YAG
members also went to Darboe’s house late at night. Fearing for his life Darboe
fled to Senegal. Alagi Yorro Jallow, the managing editor of the Independent,
was detained for several hours on 3 August 2002. Police questioned him regarding
the same story.
Brief detention
*Guy-Patrick MASSOLOKA: Banjul correspondent for the Pan African News Agency,
was arrested on 19 July 2002 by officials from the National Intelligence
Agency (NIA). Massoloka, who is Congolese, had been in Gambia for just a
month at the time of his arrest. He was released without charge on 1 August
2002.
GHANA
Death threats
*Kweku BAAKO: editor-in-chief of Crusading Guide, reportedly received death
threats in two letters he was sent in March and August 2002. The threats
came from two separate groups who claim allegiance to former president Jerry
Rawlings. Baako has claimed in a Crusading Guide article that Rawlings was
involved in underhand financial dealings. Victor Smith, an advisor to Rawlings,
has admitted drafting one of the letters.
Case closed
Francis ASSUAH: editor of the daily Evening News, has been issued with two
writs in which damages are sought for articles which appeared in the 12 March
and 3 April 2001 issues of the newspaper. The articles were entitled "NDC
attempted to withdraw 7.2 billion cedis for post election violence" and "Rawlings
to refund 116 million ESB...He is not qualified, neither is Ato Dadzie".
The NDC party, which has issued the writs, has also requested that an injunction
be placed on Assuah and the newspaper’s publishers, NTC, in order to stop
them from publishing anything else about the party.
*It is believed that both cases have been settled out of court. One was withdrawn
after a retraction from the Evening News whilst the other case has not come
to court and is unlikely to do so. Case closed.
GUINEA
Brief detention
*Abdoulaye CONDÉ: publication director of La Nouvelle Tribune, was
taken in for questioning by President Conté's aide-de-camp on 18 December
2002, regarding a Nouvelle Tribune article alleging that the president had
fallen ill on a trip abroad. Condé was released the same day.
*Boubacar Yacine DIALLO: journalist and founder of L'Enquêteur, was
arrested on 19 December 2002 in connection with an article alleging that
the army inspector-general had resigned.
GUINEA-BISSAU
Brief detention/charges pending
Joao DE BARROS: publication director of the private daily Correio de Bissau,
was arrested on 17 June 2002 and taken to Bissau's central prison where he
announced the next day that he was beginning a hunger strike. He is charged
with having accused the head of state, President Yala, of allowing widespread
corruption. The journalist was released on 19 June. He is obliged to register
at the local court every ten days. *No further news as of 31 December 2002.
IVORY COAST/COTE D’IVOIRE
Kidnapped
*Christophe KOFFI: a reporter with Agence France Presse: was reportedly kidnapped
in October 2002 by soldiers from the Ivory Coast Patriotic Movement. Koffi
was accused of being a spy but released after being held for a day.
Attacked
*Mamadou KEITA: reporter with the opposition newspaper Le Patriote, was set
upon by government supporters on 21 September 2002. Keita was hospitalised
with head and back injuries.
Case closed
Khristian KARA and Yoro KONÉ: journalist for and director of respectively
the independent daily Le Libéral. Placed under house arrest on 2 August
2000 by police in Abidjan. *Presumed no longer to be under house arrest.
KENYA
Main case
*Christopher Mwoki KYANDI: editor of the gossip magazine The Truth, was
sentenced to nine months’ imprisonment on 24 July 2002 on charges of “publishing
false news”. The sentenced stemmed from an article about an alleged sex scandal
published in early July which caused a furore in the capital Nairobi. On
11 July Kyandi admitted in court that what he had written was merely a rumour
and pleaded guilty as charged.
Brief detention/facing charges
Mukalo wa KWAYERA and Vitalis MUSEBE: editor and former editor of the People
Daily respectively, are facing charges relating to the publishing of information
from the armed forces. On 15 March 2002, Kwayera was briefly detained after
being bundled into a police car and driven to police headquarters. The arrest
was witnessed by Paul Muite, a member of parliament, who was with the journalist
when the incident occurred. Kwayera and Musebe had just left the court where
their case is being tried. *No further news as of 31 December 2002.
Facing charges
Gacheru KAMAU: a journalist with the Molo-based People Daily, presented himself
to a court on or around 13 September 2001. The journalist feared that had
he not done so, he would have been arrested for an article he had written
the previous week. He had been tipped off that the police were searching
for him after he revealed alleged friction in the ruling KANU party's local
sub-branch. Kamau was released on providing a bond of 50,000 Kenyan shillings
(approx. US$636). He was ordered to await further steps to be taken by the
police. *No further news as of 31 December 2002.
Brief detention
*Beauttah OMANGA and Angwenyi GICHANA: journalists with the Nation Media
Group and The People respectively, were detained for two hours on 30 November
2002. The two were accused of covering an illegal gathering without first
seeking official permission.
Fled
Argwings ODERA: freelance journalist Date of arrest: 26 December 2000. Reasons
for arrest: The arrest and charges arise from Odera’s opposition to a hydro-electric
plant to be built at Sondu Miriu about which he has protested in writing
to the Japanese government. Two of Odera’s colleagues, Pireh Otieno and Duncan
Odima, are said to have gone to ground since the arrest in fear that they
too will be picked up. Trial details: Odera was charged on 7 January 2001
with publishing a false statement, trespassing, incitement to violence and
resisting lawful arrest. *As a result of the death threats he had received
whilst in detention Odera fled to South Africa on 22 June 2002.
*David OCHAMI: Garissa-based journalist with Nation, was reportedly threatened
by the North Eastern Province provincial commissioner following a 21 June
2002 article in which Ochami alleged that the commissioner had criticised
his predecessors from benefiting from insecurity in the region. Fearing arrest,
Ochami moved to Nairobi.
Released
Njehu GATABAKI: publisher and editor-in-chief of Finance, was sentenced to
six months’ imprisonment on 9 August 2002 for libelling President Moi. The
piece, which appeared in the 8 December 1997 edition of Finance, maintained
that Moi had been deeply involved in inciting inter-tribal clashes which
occurred in 1992. Gatabaki was released on 14 August by presidential decree.
LIBERIA
Investigation
Taiwan GONGLOE: prominent human rights lawyer and advocate of freedom of
expression in Liberia, was arrested on 24 April 2002. He was badly beaten
in police custody and was hospitalised as a result. Gongloe’s arrest was
believed to be linked to a presentation he made on the attainment of peace
in the Mano River Basin. The speech stressed the importance of the role played
by civil society groups, and condemned the use of violence as a means of
ensuring state power. He is currently being held without charge pending investigation
at the SDA Cooper Hospital in Sinkor, Monrovia. *No further news as of 31
December 2002.
Brief detention/tortured
*Trouble SUAH, reporter with Inquire, was stopped on 14 December 2002 by
officers of the Presidential elite guard, the Anti-Terrorist Unit (ATU).
When he identified himself as a journalist he was allegedly arrested, accused
of being a trouble to the state and summarily flogged. Suah was admitted
to hospital as a result.
Brief detention
*George BARDUE and Jerome DALIEH: reporter and editor with The News, were
both arrested on 4 July 2002. The detentions stemmed from their involvement
in an article alleging that corpses were being found all over the capital
Monrovia. The two were released the same day. Bobby Tapson and Sherrif Adams,
The News’ senior reporter and judicial reporter respectively, were also arrested
that day but released when the police realised they had not worked on the
report. Dalieh was also briefly detained in November. See below.
*Wilson TARPEH: chairman of The News, were arrested on 15 November 2002 alongside
Jerome Dalieh, see above. The detentions stemmed from a report in that day’s
The News which recalled remarks made by President Taylor linking the Catholic
archbishop of Monrovia with the murder of six nuns. The two men were released
the same day.
Fled/concern for safety
Charles JACKSON, Abass DULLEH, Victor HARRIS, Joseph JUBOR, David KORVAH,
LeRoy S. NYAN, and Hisenburg Q. TOGBA: all former staff at the newspaper
New Democrat, are still awaiting a decision on their refugee status in Ghana
nearly two years after entering the pre-screening process. The New Democrat
employees fled Liberia on 4 and 5 September 2000 after being repeatedly threatened
by the security services and government officials who accused them of publishing
information on the internet that was detrimental to the country’s image.
In November 2001 a United Nations High Commission for Refugees official informed
the group that the Ghana Refugee Board, which was supposedly dealing with
their application, had been dissolved after only meeting once in 2001. There
are now fears that the group may be at risk from Liberian government operatives
working inside Ghana. On 15 January 2002, one of the group received a tip-off
from a contact in Liberia that the authorities there were creating a network
to maintain surveillance on journalists who had fled the country. The contact
advised the former New Democrat staff to stay away from public places and
the refugee camp for their own safety. The group fear hey may be kidnapped
and taken back to Liberia. In May 2002, various key members of the Liberian
secret services were allegedly seen at the refugee camp in Ghana. *As of
31 December 2002, the group were still in Ghana but had still not received
refugee status due to the inaction of the Ghanaian authorities.
Released/enforced exile
Hassan BILITY: editor of the newspaper The Analyst, was handed over to US
Embassy officials on 7 December 2002 without being charged. He had been held
incommunicado since 24 June 2002 by the Liberian authorities who considered
him a prisoner of war. On 1 December the Liberian authorities stated that
they would release Bility if the United States Embassy agreed to take him
out of Liberia. Their reasoning for this condition was that Bility was a
terrorist and that he would be leaving the country to avoid the Liberian
people taking revenge on him. The editor duly went into exile in Ghana on
7 December. Hassan Bility was originally detained amidst claims by Information
Minister Reginald Goodridge that he was running a Liberians United for Reconciliation
and Democracy (LURD) “terrorist cell” engaged in the attempted overthrow
of the government. Five attempts to force the authorities to produce him
by means of habeas corpus writs failed. During his imprisonment. On 20 August
2002, Bility’s wife, Maria Nyenetue, was arrested and held for two weeks
before being released without charge.
MALAWI
Killed: investigation
*Don KULAPANI: freelance journalist, was killed on 8 August 2002 in the capital,
Lilongwe. Kulapani was in a bar when four armed men entered and opened fire.
He died as a result of multiple bullet and stab wounds, inflicted by the
men. Police are attempting to establish a motive for the killing
Attacked
*McDonald CHAPALAPATA: reporter with The Nation, was reportedly assaulted
on 28 November 2002 by Paul Chimenya, a senior public servant. The attack
was precipitated by Chapalapata’s questioning of the official about allegations
of fraud.
*Gedion MUNTHALI: reporter with The Nation, was assaulted on 23 October 2002
by Fidson Chisesele, a member of parliament for the ruling United Democratic
Front party. Munthali had been questioning the politician about an appeal
made by his constituents. The attack was halted by two other MPs.
*Bright SONANI: a senior reporter for the Malawi News, was assaulted by three
unidentified individuals on 21 August 2002. The men accused him of being
critical of the government. It is believed that the attackers had links to
the ruling United Democratic Front.
Threatened
*Gabriel KAMLOMO: reporter with The Chronicle, was threatened in October
2002 by alleged United Democratic Front members who said they would "deal
with" the journalist. Kamlomo had written an article about a letter allegedly
written by President Muluzi which called for underhand tactics to win him
another term in office.
MAURITANIA
Brief detention/facing possible charges
Mohammed FALL OULD OUMERE: editor of the weekly independent newspaper La
Tribune, was arrested on 12 April 2002 in the town of Boutilimitt. He was
detained incommunicado for nine days at the headquarters of the State Security
Services in the capital Nouakchott. According to a police source this arrest
is one of the many linked to the resistance movement Conscience et résistance.
On 25 March 2002 La Tribune had published an article concerning a recent
meeting of the organisers of the Mauritanian organisation. Fall’s arrest
coincided with the imminent publication of the organisation’s manifesto which
would have excluded all negotiations with the present government. He was
the only one to have possession of this document. At the time he was also
investigating the arrest of the teacher Mohamed Baba Ould Said who was accused
of having strong links with the organisation. *No further news as of 31 December
2002.
MOROCCO
Investigation case
Nourredine DARIF: a correspondent for the far-left weekly Al Amal Addimocrati
in Smara, Western Sahara, was arrested on 17 November 2001 whilst he was
travelling to a hospital to enquire after some individuals who had been injured
in a demonstration that morning. He was taken to the police station in Smara
where he was reportedly handcuffed and forced to remain standing throughout
the night. The next morning he was transferred to El Aïoun prison. Witnesses
reported that Darif had trouble walking and appeared to have been beaten.
He has not been allowed visits by friends or relatives. The journalist has
been charged by the Public Prosecutor’s Office with "collusion with a foreign
party". According to the director of Al Amal Addimocrati, the governor of
Smara instigated Darif’s detention on political grounds. *No further news
as of 31 December 2002.
Brief detention
*Ali AMAR and Mouaad RHANDY: managing editor and reporter respectively with
Journal hebdomadaire, were detained by police for several hours on 23 October
2002 at the border with the Spanish enclave of Ceuta. The two were forbidden
to cross into Ceuta and questioned about a 19 October interview with a businessman
on the run from police.
MOZAMBIQUE
Threatened
*Staff at Mediafax: were sent a delivery of dozens of live chickens in October
2002, allegedly from Marcelina Chissano, wife of the president. Chissano,
who owns a poultry farm, has denied sending the chickens. The gift is perceived
as a veiled warning to Mediafax editor Marcelo Mosse and his staff. The fax-based
news service has been reporting on the trial of those accused of the murder
in November 2000 of veteran journalist and Mediafax founder Carlos Cardoso.
Those under investigation but not yet charged include former Industry Minister,
Octavio Muthemba, and Nyimpine Chissano, son of President Joaquim Chissano.
Six men are being tried for their alleged involvement in the murder.
On trial
Marcelo MOSSE: chief reporter for the now defunct daily Metical, was prosecuted
on criminal defamation charges by the president’s son, Nympine Chissano,
on 16 January 2002. Chissano filed charges of “affront” against Mosse over
a 21 February article alleging that he had been briefly detained in South
Africa in mid-February on drugs-related charges. However, the newspaper article
did not refer to any illegal substances. On 11 March the case was postponed
for the fifth time. The judge announced that a protest lodged by the defence
with a higher court, the Maputo City Court, had been successful and that
it could render the case null and void. Nympine Chissano continues to seek
damages of 1.8 billion meticais (approx. US$78,000) from Mosse and Metical.
A guilty verdict could also result in a jail sentence for the journalist.
*No further news as of 31 December 2002.
NIGER
Main case
Abdoulaye TIEMOGO:
Profession: managing editor of the independent newspaper Le Canard
Déchaîné, Date of Arrest: 18 June 2002 Sentence: eight
months Expiry of Sentence: 18 February 2003
Details of trial: Tiémogo was found guilty of “insult and libel” by
the Niamey Regional Court on 28 June 2002 and sentenced to eight months’
imprisonment without parole. The journalist, who had no legal representation
during the trial, was also fined 50,000 CFA francs (US$75) and was ordered
to pay damages of 1M CFA francs (US$1500) to the country’s Prime Minister,
Hama Amadou. Tiémogo was arrested on 18 June in connection with three
Le Canard Déchaîné articles which Amadou claimed were
defamatory. In one of the pieces, the journalist accused Amadou of trying
to hang on to his position by bribing the speaker of the National Assembly.
*The verdict was upheld by the Niamey Appeal Court on 11 November 2002.
Brief detention
*Ibrahim MANZO: journalist with Le Canard déchaîné, was
arrested on 20 November 2002 and released without charge four days later.
The detention stemmed from the publication of an article entitled, "Did the
army's chief of staff order the arrest of Mahamadou Issoufou?"
NIGERIA
Investigation
*Uche MADUEMESI: publisher of the Republican Newspaper, was arrested in Enugu
on or around 17 December 2002 in connection with a story that suggested that
the former local police commissioner had been poisoned. On 24 December it
was reported that Maduemesi was still being held by police. Maduemesi’s office
has also been searched.
Brief detention/torture
*Ebimo ARMUNGO: the publisher and editor of The Argus, was detained for twelve
hours in December 2002 by police who interrogated him regarding the alleged
defamation of Rivers State governor Peter Odili. Eleven other journalists
from The Argus, The Independent Monitor and The Beacon were also questioned
about the same matter. The journalists have claimed that they were tortured
and intimidated whilst in police custody
Brief detention
*Simon Kolawole: editor of ThisDay, was detained briefly on 23 November 2002
in connection with the publication of a story which was deemed by many Muslims
to be a blasphemy against the Prophet Mohammed. The publication led to widescale
rioting.
Attacked
*Staff at National Pilot: were injured by a bomb planted at the newspaper’s
Ilorin offices at around midday on 15 November 2002. Five staff members were
seriously wounded in the blast which brought down the roof of the building.
National Pilot staff claim that the bombing occurred in reprisal for the
newspaper’s call for a probe into the allegedly corrupt practices of the
state governor, Muhammed Lawal.
Death threat/fled
*Isioma DANIEL (f): journalist with ThisDay, was the subject of a fatwa by
the authorities in the state of Zamfara on 26 November 2002 which urged Muslims
to kill her. The decree followed an article in which Daniel posited the notion
that the Prophet Mohammed would not have objected to the Miss World Contest
(which was to have been held in Nigeria) and may in fact have chosen to marry
one of the contestants. The piece sparked rioting in the city of Kaduna.
ThisDay have apologised for the article but the fatwa has not been lifted.
Daniel fled the state and is believed to be in the USA.
Death threats
*Piriye KIYARAMO: Bayelsa correspondent for the Nigerian Tribune, was reported
in October 2002 to have received death threats emanating from a Bayelsa state
government official. The threats are linked to Kiyaramo’s bleak report of
the sporting situation in the state.
Threatened
*Nduka OBAIGBENA and Eniola BELLO: publisher and editor-in-chief respectively
of ThisDay, were reported to be hunted by gangs of disgruntled Muslim youths
angered by a story published on 16 November 2002 which they claimed blasphemed
against the Prophet Mohammed. On 20 November, the Kaduna office of ThisDay
was sacked and set on fire by the protesters. Obaigbena has been summoned
by police for questioning.
*Staff at Punch: were the subject of intimidation, threats and harassment
by police at checkpoints in Lagos, according to an editorial in the newspaper’s
16 July 2002 edition. Punch claimed that its staff were at risk when they
were forced to identify themselves to police. The newspaper has criticised
the police for killings allegedly carried out by them at such checkpoints
On trial
Dr. Onukaba Adinoyi-OJO: managing director of the Daily Times, has been taken
to court by Alhaji Abubakar Audu, the Governor of Kogi State, North Central
Nigeria. It was reported in April 2002 that Audu is seeking N500million (about
$5million) in damages from the Sunday Times (the Daily Times’ sister publication).
The charges come after the newspaper published an article on the governor’s
real estate acquisitions abroad. *In July 2002, an appeal court in Abuja
granted an interim injunction suspending the arrest warrant issued against
Adinoyi-Ojo. However, the journalist is now also being sued for libel for
N15 billion (US$150m) by Omegabank on the grounds that a Daily Times story
on 15 July 2002 caused a run on the bank and defamed its directors.
*Isioma OJUGBANA and Ijeoma NWACHUKWU: authors and members of the Civil Liberties
Organisation (CLO), were summoned for interrogation at state security (SSS)
offices on 4 October 2002. The two refused to go, insisting on a written
request. The two activists contributed to a report on human rights in Nigeria.
Their chapter concerned a massacre carried out by the army in the Benue Valley.
The CLO has since received several threatening phone calls demanding that
the two go to the SSS offices. The report itself has been impounded.
Facing possible charges
Femi DAVIES and Segun BANJO: journalists with the magazine Ace, were reportedly
arrested in February 2002 on suspicion that they were in contact with Olugbenga
Adebayo (alias “Fryo”), while there was an arrest warrant out against him.
Fryo is in now police custody on charges of having murdered Minister of Justice
Chief Bola Ige on 24 December 2001. *No further news as of 31 December 2002.
Fled
Henri OLONISAYE: law reporter with the Sunday Times, reported in March 2002
that police officers who had previously assaulted him have been coming to
his house to arrest him. Olonisaye was detained on 25 September 2001 at the
police station at Murtala Mohammed airport in Lagos where he had gone to
investigate allegations of corruption amongst the airport police.
*Olonisaye fled to the United Kingdom where he has been granted political
asylum. However, after his departure from the country, Olonisaye’s wife,
still in Nigeria, was arrested by security forces searching for her husband.
She was only released after being forced to sign a pledge that she would
hand over her husband to police. She was re-arrested in early January 2003.
Olonisaye’s son was kidnapped and shot in the leg in September 2002. His
leg had to be amputated as a result.
RWANDA
Investigation cases
*Dominique MAKELI (f) and Tatiana MUKAKIBIBI (f): both journalists, are detained
on suspicion of having taken part in the 1994 genocide. However, independent
observers believe that both women are detained simply because of what they
had written. WiPC investigating.
Sentenced/facing possible charges
*Robert SEBUFIRIRA, Elly MACDOWELL KALISA (f), and Emmanuel MUNYANEZA: all
journalists with the weekly independent Umuseso, were sentenced to thirty
days’ “preventative detention” on 23 July 2002 in the capital Kigali. The
three had investigated an incident at a bar on 17 July when a fight broke
out between the man and the police. Onlookers at the bar encouraged the journalists
to report it in the newspaper. When the military police arrived at the scene
they arrested the journalists and charged them with assault and insulting
a police officer despite the fact that eye-witnesses testified that the three
were mere observers of the brawl. Umuseso has been a constant critic of President
Paul Kagame and has reported widely on police misconduct. The three journalists
were released on 7 August 2002. As a condition of their release they are
obliged to stay in the capital Kigali and report regularly to the police.
It is not known whether the charges against them have been dropped.
SENEGAL
Main Case: released pending appeal??
Mamadou Oumar NDIAYE and Pape NDIAYE: publication director and reporter respectively
with the Dakar-based weekly Le Témoin, were each sentenced to four
months’ imprisonment without parole and fined a total of three million CFA
francs (approx. US$4,110) in April 2002 for “defamation” and “insult”. The
verdict stemmed from a complaint lodged by Victor Cabrita, the director of
the Sainte Marie de Hann Catholic school, following a September 2001 article
in Le Témoin that alleged financial malpractice at the school. The
article also included remarks made by union members to the effect that Cabrita
was “a slave driver and a racist". The two journalists are appealing the
judgment. The case comes to court again on 6 June 2002 due to the fact that
Cabrita lodged two separate complaints about the article. *No further news
as of 31 December 2002.
On trial
Ousseynou Nar GUEYE: publication director for the daily Le Tract, was taken
to court by Prime Minister Mame Madior Boye on charges of
"insulting a member of the government" and "distributing false news
through the use of false or fabricated documents" on 31 January 2002. Gueye
appeared before the examining judge in a Dakar court and had a second hearing
on 11 February. *No further news as of 31 December 2002.
Death threats
*Correspondents with Wal Fadjri and Sud Quotidien: received a number of death
threats from unidentified sources in September 2002. The reporters work in
the Casamance region in southern Senegal where the Senegalese army is fighting
the separatist Mouvement des Forces Démocratiques de la Casamance.
SIERRA LEONE
Main case
*Paul KAMARA
Profession founding editor of the daily For Di People, Date of Arrest: 12
November 2002 Sentence: total of nine months Expires: 11 August 2003
Details of charges and trial: Kamarawas sentenced on 12 November 2002 to
concurrent prison terms of six and three months along with a fine of Le 4.5
million (approx. US$2100) that was amended the day after
the sentencing to one of Le 4,500 (US$2.10). Kamara’s newspaper, For
di People, was recommended for closure by the officiating judge but this
has yet to be ratified by President Kabbah, and it is believed that the
president is unlikely to approve of such a move. The charges against Kamara
date back to 5 April 2002 when appeal court judge Methland Tholla Thomson
filed a complaint against him and summoned him to appear before the court
in connection with several articles in his newspaper. In the pieces, the
judge was condemned as "a thief", "a criminal" and "a constitutional fraudster"
in his management of Sierra Leone’s football association. On 12 November
2002 Kamara was arrested and found guilty of 18 counts of criminal libel
under Sierra Leone's Public Order Act. Place of detention: Kamara is serving
his sentence in Pademba Road Prison.
SOUTH AFRICA
Judicial Concern
Mzwakhe MBULI: poet, songwriter and musician. Date of Arrest: October 1997.
Sentence: total of 18 years. Details of charges and trial: Detained in October
1997 near Pretoria for allegedly participating in a bank robbery. Mzwakhe
Mbuli pleaded not guilty on all the charges and claims that a bag containing
15,000SA rand, a gun and a hand-grenade, which constitute the evidence against
him, were planted on him moments before his arrest by the police. He alleges
that his arrest is motivated by his speaking out on corruption and injustice
and most particularly his involvement in an anti-drugs crusade implicating
elements of the South African police forces. On 23 April 1999, Mzwakhe Mbuli
was sentenced to thirteen years for armed robbery and five years for possession
of a hand-grenade. Supporters of Mbuli point out that he was convicted on
mainly circumstantial evidence and in the face of many irregularities. There
were also allegations that police had been paying people to say that Mbuli
was present at the scene of the crime. Mbuli, who continues to claim his
innocence, immediately lodged an appeal. In the meantime Mzwakhe Mbuli was
notified that new criminal charges were to be laid against him. According
to reports, Mbuli "was brought to court without knowing that he needed an
attorney present or what he would be charged with".
Mbuli’s appeal against his sentence was rejected on 10 November 2000 at the
Pretoria High Court. On 7 June 2002, the verdict on Mbuli’s appeal against
his sentence was given by the Supreme Court of Appeal in Bloemfontein. Mbuli
was cleared of possession of a hand-grenade, for which he had been sentenced
to five years (two of which suspended). The charge of robbery was upheld
for which he has been sentenced to thirteen years (three of which suspended).
The only evidence associating Mbuli with the crime was a bag containing money
and a hand-grenade. It therefore seems illogical that he should have been
acquitted of possession of the hand-grenade yet not for the rest of the contents
of the bag.
Condition and place of detention: following his conviction, Mbuli was transferred
to Pretoria Maximum Security Prison for six months and assigned to a hard
labour wing where his contacts and communication were said to have been "severely
and abnormally restricted". Mbuli is currently serving his sentence at Leeukop
Maximum Security Prison where conditions of detention are reported to be
very harsh. PEN position on the case: International PEN does not take a position
on Mzwakhe Mbuli's innocence and does not wish to interfere with an ongoing
judicial process. The case will be monitored as it goes before the Supreme
Court.
Death Threat
*Sabelo NDLANGISA: journalist with the Sunday Times, was threatened on 19
September 2002 by Sina Sebetha. The traffic officer left a recorded message
on the Sunday Times’ answerphone warning Ndlangisa that she would make him
"vanish” and threatening, “We will finish you off." The journalist had reported
that Sebetha had not been sacked despite allegedly asking for a bribe.
SUDAN
Brief detention/charges pending/harassment
Alfred TABAN, Nhail BOL and Albino OKENY: director, managing director and
editor-in-chief respectively of the English-language Khartoum Monitor, have
been briefly detained and charged with a number of offences in connection
with Khartoum Monitor articles. Alfred Taban and Nhail Bol were arrested
separately on the night of 24 October 2001 by plain-clothes state security
officers. The two were released on bail on 27 October. Albino Okeny was detained
on 28 October and held for two hours before being released. Taban, who is
also a correspondent for the Reuters news agency and the British Broadcasting
Corporation (BBC), subsequently reported that he was being investigated on
possible charges of "inciting religious and racial conflict" in connection
with various articles that had appeared in Khartoum Monitor, including one
in particular that focused on the problems faced by southern Sudanese journalists
in Khartoum. On 31 October, all three journalists were formally charged and
released on bail of 10 million Sudanese pounds (approx. US$4,000) each. The
charges relate to Article 51 (waging war against the state), Article 64 (provoking
hatred against or amongst the sexes) and Article 159 (defamation). On 17
July 2001, Taban and Okeny were called to security offices and interrogated
about the journalists employed to write for the Khartoum Monitor. The two
were briefly detained on 24 February 2001 in connection with an article published
in the newspaper in December the previous year. Taban was arrested again
on 12 April at a press conference and held for five days at army headquarters
in Khartoum. No reason for his detention was given.
*Okeny and Taban were summoned to appear before the police on 4 September
2002 and reprimanded for the Khartoum Monitor’s criticism of the government.
Brief detention/trial pending
*Sid Ahmed KHALIFA: editor-in-chief of Al-Watan, was arrested on 9 November
2002 when he complied with a summons ordering them to report to state security
forces. The summons stemmed from Khalifa’s criticism of the government for
impounding an issue of his newspaper because it carried a report of clashes
between students and police. Khalifa’s son, Adil Sid Ahmed Khalifa, the deputy
editor of the newspaper, was arrested on 11 November 2002 at Al-Watan’s offices.
Both were held at an unknown location. Sid Ahmed Khalifa was also arrested
on 13 February 2002 and held for twenty-four hours. He was charged under
article 66 of the Criminal Code (“publication of false news”) and released
on bail pending trial.
Brief detention
*Faisal EL BAGIR: columnist, freelance journalist and human rights activist,
was arrested in Khartoum on 7 October 2002, shortly after having returned
from a meeting of the International Freedom of Expression eXchange (IFEX)
in Senegal. El Bagir was interrogated for five hours and had his passport
confiscated, though this was returned to him the next day.
*Osman MERGANI: journalist with Al Rai Al Aam, was arrested by security forces
in Khartoum on 3 September 2002. He was questioned and taken to Dabak Prison
before being released on 5 September. In his newspaper column ‘Hadith al
Medina’ (‘The Talk of the Town’), Mergani had been critical of the government’s
departure from peace talks.
*Al Haj WARRAG and Lubna Ahmed HUSSAIN (f): director general and columnist
respectively with Al Horia were interrogated for three hours on 5 September
2002. The security officials were unhappy about an article penned by Hussain
which was critical of the withdrawal by the government from the peace process.
Trial pending
Ustaz Mahjoub Mohamed SALIH: chief editor of the daily Alayam, was summoned
on 28 March 2002 together with Dr Zohair Al Saraj, and charged under articles
66 (“publication of false news”) and 95 (“preventing summons to attend”)
of the Criminal Code. The legal action stemmed from an article which criticised
the Community Security Police. Salih had previously been summoned on 7 February
2002 and interrogated about the political stance of his newspaper.
SWAZILAND
Killed: investigation
*Zweli MABILA: journalist with the government daily The Swazi Observer, was
stabbed to death in the capital Mbabane during the night of 23-24 October
2002. Mabila was attacked whilst returning home from work and died the next
morning from wounds resulting from his injuries. A motive for the murder
has yet to be established. He was the paper’s third staff member to be stabbed
to death in a year.
Attacked
*Ackel ZWANE: reporter with The Observer, was reportedly severely beaten
by police in early October 2002. According to The Observer, Zwane was attacked,
forced into a vehicle and dumped by the roadside sometime later.
TANZANIA
Brief detention/facing charges
George MAZIKU: journalist for the daily Mwananchi, faces criminal defamation
charges after being briefly detained in April 2002 and released on bail.
He is accused of having displayed "contempt of Parliament" by writing an
allegedly seditious article in the 7 April edition. Maziku claimed that law
reform has been used to legalise favourable election scenarios for the ruling
Revolutionary Party of Tanzania. On 9 April National Assembly Speaker Pius
Msekwa wrote to the editor of Mwananchi claiming that Maziku would be charged
with “wilful misrepresentation” over his portrayal of the intentions of parliament.
He has yet to be officially charged. *No further news as of 31 December 2002.
TOGO
Main Case
*Julien AYI: publishing editor of the weekly Nouvel Echo, was sentenced on
13 September 2002 to four months’ imprisonment and a fine of
100,000 CFA francs (c. US$150) for the “defamation” of the President of Togo.
The charge related to an article published in the Nouvel Echo in August which
speculated on the considerable personal wealth of President Gnassingbé
Eyadéma. Oppostion leader, Claude Améganvi, who was involved
in the writing of the article, was given the same sentence. Nouvel Echo’s
editor-in-chief Alphonse Névamé Klu was sentenced to six months’
imprisonment in absentia and has gone into hiding to avoid arrest.
Investigation
*Sylvestre Djahlin NICOUÉ: the director of Courrier du Citoyen, was
detained on 26 December 2002 for “incitement to rebellion against the State”.
The arrest stemmed from an editorial entitled "Empêcher Eyadéma
de gouverner" (“Stop [President] Eyadéma governing”). President Eyadéma
has served two terms of office and is seeking to have the law changed to
allow him to run for the presidency again.
Brief detention/charges pending
Basile AGBOH: director of the weekly Le Scorpion, and one of the newspaper’s
reporters, were arrested on 5 June 2002 by police in Lomé under the
charge of printing “false material”. The reporter was released the following
day but Agboh was transferred to a prison in the capital. He was eventually
provisionally released on 16 August. Agboh's arrest follows the publication
of a story in which it was claimed that Prime Minister Gabriel Kodjo had
admitted receiving death threats from President Gnassingbé Eyadéma’s
son, lieutenant-colonel Ernest Gnassingbé. According to the weekly
the lieutenant-colonel had made the threats after being angered by the prime
minister's support for a critic of the president. The president's son subsequently
denied issuing threats and filed a complaint against the weekly for “attacking
his honour”. *No further news as of 31 December 2002.
Brief detention/facing charges/threats
*Siliadin KODJO: managing editor of La Tribune du Peuple, was arrested on
5 November 2002 and held until the next day. He is to be tried in connection
with an article the newspaper published in August which was critical of the
way the security forces dealt with an opposition party demonstration. La
Tribune du Peuple has reportedly also received a number of threatening phone
calls since the publication of the article.
TUNISIA
Main Case
Zouhair YAHYAOUI (pen name “Ettounsi”):
Profession: internet journalist, Sentence: two years Date of Arrest: 4 June 2002 Sentence Expires: 3 June 2004
Details of trial: Arrested at a Tunis cybercafé on 4 June 2002 by
six plainclothes police officers without an arrest warrant. Initially charged
with “publishing information known to be untrue” under Article 309 of the
Tunisian Penal Code. Yahyaoui was sentenced to two years and four months’
imprisonment on 20 June 2002 by the Tribunal de Première Instance
in Tunis. The founder of internet site TUNeZINE.com received one year for
“propagation of false news” and a further year and four months for “non-authorised
usage of an internet connection” and “theft from an employer”. Yahyaoui did
not attend the hearing, declaring that he “did not trust a justice that followed
orders [from above]”. Yahyaoui reported being assaulted and tortured during
his interrogation. Under said torture, he revealed his website’s access code,
allowing the Tunisian authorities to remove TUNeZINE.com from the internet.
Yahyaoui founded the website in July 2001 in order to disseminate information
concerning the struggle for democracy in Tunisia and to publish opposition
material. It was one of the first sites to circulate a letter from Yahyaoui’s
uncle, Judge Mokhtar Yahyaoui, to President Ben Ali denouncing the Tunisian
judicial system.
*Yahyaoui (35), was re-tried on 3 July 2002 but was denied access to his
lawyers during the hearing. On 10 July, Yahyaoui’s sentence was reduced on
appeal from twenty-eight months to two years. Place of detention: Prison
civile de Borj El Amri, Health Concerns: In September 2002, it was reported
that Yahyaoui was suffering acute kidney problems. The same month he
began refusing all food and water in a bid to ensure that no other prisoners
were consigned to his already cramped cell. When Yahyaoui refused to take
an undisclosed medicine to ease his kidney pains, two guards reportedly assaulted
him, injuring his back. He was eventually admitted to hospital on 13 September
for a brief period. In November it was reported that Yahyaoui was beset by
an abscess on a tooth for which he was being denied medical treatment by
the prison authorities. Honorary Member: English PEN
Investigation case
*Mohamed MOUADDA: retired professor of Arabic literature and former leader
of the opposition Mouvement des Démocrates Socialistes (MDS), was
returned to prison to serve the remainder of his eleven-year sentence on
19 June 2001. Mouadda had been arrested on 11 October 1995 after having made
public a letter addressed to President Ben Ali in which he condemned the
deterioration of the human rights situation in Tunisia. He was sentenced
in February 1996 to eleven years’ imprisonment on charges including threatening
the security of the state and intelligence with a foreign power. He was conditionally
released in December 1996 but in April 1997 Mouadda was placed under house
arrest for three months for protesting at the human rights abuses he had
suffered. In December that year he was arrested again and charged with “conspiring
to overthrow the government” and “conspiring with foreign agents” after having
travelled to Europe where he met the leadership of the unauthorised Tunisian
Islamist group al-Nahda. After his release he was again placed under house
arrest for several weeks. In September 1999 he announced his symbolic candidacy
in the presidential elections following which he was put under house arrest.
In March 2001, the former professor had signed a joint manifesto with Rached
Ghannouchi, exiled leader of al-Nahda, in which they rejected the possible
candidacy of President Ben Ali for the forthcoming presidential elections
in 2004.
Judicial concern
Hamadi JEBALI: editor of weekly al-Fajr (Dawn) and member of the al-Nahda
party. He was sentenced on 31 January 1991 to one year in prison by a military
court in Tunis for defamation after publishing an article calling for the
abolition of Tunisian military courts. Jebali reportedly remained in detention
beyond the expiry of his sentence and was then sentenced to sixteen years
in prison on 18 August 1992. He and fellow journalist Abdellah Zouari (below)
were tried along with 265 members of the Islamic al-Nahdha group and accused
of attempting to “overthrow the government with violence”. Amnesty International,
who sent observers to these trials, reported that international standards
of fairness were repeatedly breached. In the particular case of Hamadi Jebali
it is alleged that he was in prison at the time when he is said to have participated
in the “attempted overthrow” of the government. He claims to have been tortured
while in detention and to have been submitted to continued harassment and
hardship in prison. Jebali was last reported to be detained in Harboub prison
in the Sahara in March 1994. Frequent transfers are reportedly used as a
means to cut political prisoners from their families' support. In November
1999, a large scale amnesty of hundreds of political prisoners was declared,
but Jebali was not among those released. New information in 2001: It
has been reported that Jebali started a hunger strike on 15 April 2001 in
protest at his sentence. As a result, he is believed to have been moved by
the authorities to the Bordj Ennadour prison as a punishment. An appeal for
the release of Jebali was made on 3 May 2001 to mark World Press Freedom
Day. The appeal was signed by a number of prominent Tunisian journalists
including Sihem Ben Sedrine who was herself arrested some seven weeks later.
No action to release Jebali has been taken by the authorities. *No further
news as of 31 December 2002.
Facing charges/threatened
Sihem BEN SEDRINE (f): editor of the on-line magazine Kalima, secretary-general
of the Observatory for the Defence of Freedom of the Press, Publishing and
Creation, and spokesperson for the National Council for Liberties in Tunisia.
Details of arrest and charges: Arrested on 26 June 2001 at Tunis airport
on returning from a trip to Europe. After a short hearing before an examining
magistrate she was taken to Manouba women’s prison. Nine days earlier, Ben
Sedrine (47) had appeared on a programme, Le Grand Maghreb, put out by the
London-based Arab television station Al Mustakillah. During the programme
she had discussed the subject of corruption in Tunisia. As a result she is
being charged with “defamation” and broadcasting "false news with the aim
of disturbing public order".. Trial: A further hearing before an examining
judge took place on 5 July 2001. The courtroom was only large enough to admit
twenty people and since around 170 lawyers wished to attend, the defence
team walked out in protest when the judge refused to have the case moved
to a larger court. Ben Sedrine exercised her right to remain silent. She
was refused bail. Provisional release: Sihem Ben Sedrine was released on
provisional bail on 11 August 2001 pending trial. When she tried to take
a flight to London to take part in a 2 September programme on Al Mustakillah
television, she was stopped at Tunis airport. Although her papers were in
order and she had previously been assured that the terms of her bail did
not include a travel ban, police would not allow her to board the plane.
Winner: Amnesty International Media Award 2001, and the international award Genova, una fuori dal coro 2002.
*No further news as of 31 December 2002.
On trial
*Hédi YAHMED: journalist with the weekly magazine Réalités,
was charged at the Tribunal de premiere instance with “publication of false
information” on 14 December 2002. The charge relates to an article Yahmed
(28) had written in the 12 December issue of Réalités regarding
prison conditions in Tunisia. The magazine’s director, Taïeb Zahar,
was questioned separately but is not believed to be facing charges.
Released: under heavy harassment
Abdallah ZOUARI: Reporter for al-Fajr (Dawn), arrested in April 1991
and taken to a secret detention centre. In late 1992, at the Bouchoucha military
court, he was sentenced to eleven years in prison for “attempting to overthrow
the State with violence” with other alleged members of al-Nahda (see Jebali
above). Reported to be in Kasserine prison in December 1996 where he led
a forty-day hunger-strike against conditions of detention. An appeal for
the release of Abdallah Zouari was made on 3 May 2001 to mark World Press
Freedom Day. *Zouari was released on 6 June 2002 but re-arrested on 19 August
for refusing to move from his home in Tunis to a town in the south of Tunisia,
a condition of his release from prison. On 23 August he was sentenced to
eight months imprisonment for breaking his conditions of release, but was
re-released on 6 November 2002 following a further court hearing. Zouari’s
lawyers have been unable to ascertain further details of the court’s decision.
On 20 December, the journalist reported that police had set a permanent guard
on his house in Tunis to prevent him from returning again.
Released
Hamma HAMMAMI: leader of the Tunisian Communist Workers' Party (PCOT) and
publication director of the banned El Badil newspaper, was conditionally
released on 4 September 2002, reportedly on account of his poor health. He
had been sentenced on 2 February 2002, along with two PCOT colleagues, to
nine years and three months’ imprisonment, reduced to three years and two
months on appeal, on a variety of charges including the maintenance of an
“illegal organisation". On 9 September, in the city of Ibn Khaldoun, Hammami
was detained and questioned for five hours about statements he had made to
the press shortly after his released.
UGANDA
On trial
*Frank NYAKAIRU, Charles ONYANGO-OBBO, Joseph WERE and Wanyama WANGAH: journalist
and editors of The Monitor respectively. Nyakairu was detained by the Ugandan
army on 11 October 2002 and released on bail on 17 October. The arrest came
a day after the Kampala offices of The Monitor, a newspaper for whom Nyakairu
writes, were raided by between thirty and forty police officers. On 15 October,
three Monitor editors, Onyango-Obbo, Were and Wangah were charged with "publishing
articles that are contrary to national security and that give comfort to
the enemy" and "publishing false information". On 12 November, Onyango-Obbo,
Nyakairu and Wangah appeared at Buganda Road Court but the case was immediately
adjourned until 11 December to give the prosecution more time to make enquiries.
The action taken by the Ugandan authorities stems from an article that appeared
in the 10 October edition of The Monitor. The piece claimed that a Ugandan
army helicopter had been shot down by fighters from the Lord’s Resistance
Army (LRA). An official denial of the report from the Ugandan Army was also
printed in the same edition. However, the Ugandan authorities have accused
The Monitor and the radio station Radio Monitor of supporting terrorism by
their allegedly biased reportage of the LRA, a guerrilla force currently
fighting a civil war against the Ugandan army. In May 2002 an anti-terrorism
law sanctioned the use of the death penalty for those found guilty of publishing
news "likely to promote terrorism".
Death threat
*Els De TEMMERMAN (f): journalist and author, was in late 2002 named
in a threatening letter apparently signed by Lord’s Resistance Army (LRA)
leader Joseph Kony and found on a captured LRA guerrilla. The death threat
came in the wake of the publication of a book entitled Daughters of Aboke
which details the mistreatment of children forced to join the LRA, a rebel
force which is fighting the Ugandan army in the north of the country. De
Temmerman is a Belgian citizen.
Brief detention
*David Cephas AWORI: a freelance journalist, was detained on the weekend
of 19/20 October 2002 by police in Busia. Awori was arrested for interviewing
relatives of suspects caught in a police operation. He was released the same
day after several hours’ questioning.
ZAMBIA
Trial pending
Emmanuel CHILEKWA, Shaderick BANDA, Kinsley LWENDO and Jean CHIRWA: editor,
deputy editor, reporter and trainee journalist respectively with the weekly
The People, were arrested on 5 June 2002 following an article that claimed
that the Zambian President Levy Mwanawasa had Parkinson’s disease. President
Mwanawasa had previously accused dissidents within the ruling Movement for
Multiparty Democracy (MMD) of wanting to tarnish his reputation with the
allegation. Chilekwa was first arrested on 31 May and interrogated about
the article for several hours before being released. On 5 June the four were
assaulted and verbally abused by police officers while being transported
to police headquarters in Lusaka. The journalists were held for approximately
three hours but only Chirwa and Chilekwa were questioned. The next day, the
Zambian supreme court refused to grant bail to the four until their trial
on 25 June. The journalists were finally released on bail totalling K6,000,000
(US$1,500) on 27 June 2002. They have pleaded not guilty to the charges and
the trial was set for 9 July 2002. The maximum sentence for "defamation
of the president” is three years’ imprisonment. *No further news as of 31
December 2002.
Masautso PHIRI: editor of Today newspaper, was briefly detained by a Lusaka
magistrate on 10 June 2002 following the same magistrate's dismissal of his
application for a case in which he was found in contempt of court. On 17
May, Magistrate John Njapau found Phiri in contempt of court for publishing
an article commenting on a matter that was before the court. Phiri was released
after having been granted bail. The case was adjourned until 26 June. *No
further news as of 31 December 2002.
On trial
Fred M’MEMBE and Bivan SALUSEKI: editor-in-chief and reporter for The Post,
were charged with “defamation of the president” on 21 August 2001.
Saluseki was first arrested on 25 July in response to his article entitled
“Chiluba is a thief” which was published on 16 July and alleged that President
Chiluba was involved in the expropriation of public funds. Saluseki was later
released on bond. M’membe was first arrested on 17 August in connection with
an editorial published that day entitled “A thief for President” written
in support of Saluseki’s story. M’membe was released later on a technicality.
Both men were re-arrested on 21 August and together charged with “defamation
of the president”, an offence that carries a three-year prison sentence.
They made a court appearance on 5 September. Their joint trial has since
been adjourned twice and was last scheduled for 15 October.
On 22 February 2002, Fred M'membe was "put on his defence", a court ruling
that puts the onus on him to prove the claim published in the Post that former
president Chiluba was a thief.
Facing charges
*Arthur SIMUCHOBA and Chali NONDO: editor and chief reporter respectively
with The Monitor, face charges of “contempt of court”. On 16 September 2002,
the trial opened against the two men. At a further hearing on 20 September,
the Supreme Court adjourned the case. The court must now decide whether to
allow prosecution to go ahead in connection with a 16-19 August 2002 edition
of The Monitor which claimed that judges were receiving an increase in salary
"to soften the judiciary ahead of the Presidential petition hearing”. President
Levy Mwanwasa’s December 2001 election victory is being challenged in the
courts by three opposition parties.
ZIMBABWE
Main case
Geoffrey NYAROTA: (former) editor-in-chief of the Daily News. Details of
charges: 1) On 26 March 2002, Nyarota faced charges from the minister of
state for information and publicity, Jonathan Moyo, for “publishing falsehoods”.
The article in question had claimed that the joint African Caribbean Pacific-European
Union Parliamentary Assembly (ACP-EU) had passed a resolution calling for
a fresh presidential election in Zimbabwe. Nyarota could be fined up to 100,000
Zimbabwe dollars (US$1,800) if found guilty. 2) Nyarota was arrested in Harare
on 15 April 2002 for "publishing falsehoods". The charge was linked with
Daily News articles denouncing improprieties by the Registrar-General, Tobaiwa
Mudede, during the presidential election. On 10 April, during a press conference,
the Registrar-General had announced results that were different from those
given by the national television channel on 13 March, the day after the election.
During this press conference, Mudede had expelled Daily News chief reporter,
Pedzisayi Ruhanya, from the room after he had attempted to question him on
the reasons for these changes. Nyarota was released after three hours in
police custody but may be summoned to face charges in court at a later date..
3) Sued for defamation alongside Mark Chavakunda (since deceased – see below)
by Assistant Police Commissioner Ayne Bvudzijena on 22 May 2002. Related
to articles published in February 2002.
*4) On 23 October 2002, Nyarota was charged under the Public Order and Security
Act (POSA) on the grounds that he published an article undermining the public's
confidence in the Zimbabwe Republic Police. The piece in question was an
11 October reprint of a Sunday Times (South Africa) report on the alleged
torture of opposition activists by police in Harare. 5) Also faces several
other charges from 2001.
Death threats: Nyarota is alleged to have appeared on a hit list compiled
by the Central Intelligence Organisation of journalists to be “killed or
harmed” before presidential elections in March 2002. The claim was made in
an article in The Standard on 19 August 2001. Other attacks : *Nyarota was
sacked as Daily News editor in early January 2003 after being accused by
the newspapers’ management of paying striking reporters without its approval.
Awards: Nyarota was awarded the Knight International Press Fellowship Award
by the International Center for Journalists (ICFJ) in October 2001. He also
won the 2001 CPJ International Press Freedom Award and the World Association
of Newspapers’ 2002 Golden Pen of Freedom prize. Honorary Member: Canadian
PEN
Sentenced: free on appeal
*Tawanda MAJONI: reporter with the Daily Mirror, was sentenced to three months’
imprisonment and a fine of 500 Zimbabwean dollars (US$9) on 18 September
2002. Majoni, a former policeman, was arrested on the afternoon of 12 September
as a result of a 9 September Daily Mirror article he had written in which
he claimed that Police Commissioner Augustine Chihuri suffered health problems
and was unfit for duty. He was released after spending nearly twenty-four
hours in police cells where he claims he was threatened with a beating if
he did not co-operate. He was also questioned about his sources for his story.
Majoni was told he would be charged under section 80 of the Access to Information
and Protection of Privacy Act, for allegedly writing falsehoods. Police later
informed him that he would be charged instead under the Public Order and
Security Act. Later still, this charge changed to one of criminal defamation.
He was eventually charged with having gathered information for the article
before he had officially left the police force, thus contravening the Police
Act. Majoni has appealed against the sentence and is free whilst the appeal
process takes place.
Illegal detention/threats
*Precious SHUMBA and Peta THORNYCROFT (f): reporter with the Daily News and
correspondent for the UK-based Daily Telegraph respectively, were held hostage
for around five hours on 14 August 2002. The illegal detention occurred when
the two were interviewing a farmer at his farm to the west of Harare. The
farmhouse was surrounded by over a hundred supporters of the ruling party
ZANU-PF who demanded that the two journalists be handed over to them, on
the grounds that they should have asked their permission to interview the
farmer. The mob apparently formed a “central committee” which would “deal
with” Shumba and Thornycroft. The reporters’ driver, who was outside the
house, was beaten by the crowd but saved by the mob’s “superiors” who also
allowed Shumba and Thornycroft to leave. The police were told of the situation
but did not come to the journalists’ aid.
Brief detention/attacked
Guthrie MUNYUKI: journalist with The Daily News, was arrested by police,
along with his photographer and driver, on 16 June 2002 whilst covering an
anti-government opposition gathering. Armed riot police reportedly arrived
at the opposition Movement for Democratic Change (MDC) offices twenty minutes
after the rally started and resorted to violence to break it up. The three
media workers sustained serious injuries after having been assaulted by the
police but were denied medical attention. They were all arrested but released
on bail of 3,000 Zimbabwean dollars (approx. US$55) each, on 18 June.
*Charges against Munyuki were dismissed on 24 June. Urginia Mauluka (f) was
also arrested for the same incident. Charges against her have also been dropped.
Brief detention
*Henry MAKIWA: reporter for the Daily News, was arrested for "inciting students
to protest" whilst covering a demonstration by parents and students in Harare
on 21 October 2002. He was later released without charge.
Threatened
*Blessing ZULU and Pedzisai RUHANYA: reporter with the Zimbabwe Independent
and chief reporter with the Daily News respectively, were reportedly threatened
by police whilst covering a scuffle between opposition supporters and police
at the funeral of an opposition politician in October 2002. Zulu and Ruhanya
were told be an Inspector Dowa that if they wrote about the incident they
would be “arrested and shot”.
On trial
*Mark CHAVUNDUKA: editor The Standard being sued for damages for “defamation”
by Assistant Police Commissioner, Wayne Bvudzijena on 22 May 2002. Charged
alongside Geoffrey Nyarota of the Daily News– see above. The commissioner
alleges that the newspapers published, in their 23 February issues, that
he had once served in the militia of Bishop Abel Muzorewa during the colonial
era. Muzorewa was opposed to the ruling party and present government, under
which Bvudzijena is serving. A Z$1.7million (approx. US$31,000) lawsuit is
being filed against the two newspapers.
*Mark Chavunduka (37) died on 11 November 2002. The cause of death is unknown but he had suffered poor health for some years.
Sikumbozo DUBE: poet, faces a one-year prison sentence and a Z$20,000 (approx.
US$370) fine for writing and reciting a poem ridiculing President Robert
Mugabe. Dube is one of thousands of illegal Zimbabwean migrants who have
been deported from Botswana. During the week of 18 March 2002, he was being
held after repatriation at Plumtree Prison when warders overheard him reciting
a composition entitled "Cry, the Beloved Country". The Plumtree prosecutor
claimed that the poem triggered a furore in the prison. Inmates were divided
into two camps, those who enjoyed the poem and those who felt offended by
it. Dube was remanded in custody for trial scheduled for 3 April. *No further
news as of 31 December 2002.
Andrew MELDRUM, Lloyd MUDIWA, Collin CHIWANZA: US-born journalist with UK-based
newspaper The Guardian, journalist and editor of the Daily News respectively,
were all charged with “publishing falsehoods” in June 2002. Meldrum was arrested
on 2 May and appeared in court on 12 June. Mudiwa and Chiwanza were
arrested on 30 April and went to trial on 20 June. All three were released
on bail. The journalists are accused of publishing a false story on The Guardian
website (in the case of Meldrum), and in the 23 April edition of the Daily
News (Mudiwa and Chiwanza) alleging that Zanu-PF supporters decapitated a
woman in a rural district of Zimbabwe. However, although the Daily News was
quick to accept that the incident did not occur and promptly apologised in
the 27 April issue, the government has accused the newspaper of spearheading
a Western-inspired attempt to discredit both President Robert Mugabe and
the country. Meldrum pleaded not guilty to knowingly publishing false information
without verifying the facts. Whilst charges against Chiwanza have been dropped,
Meldrum and Mudiwa could face up to two years in prison or a fine of 100,000
Zimbabwean dollars (approx. US$1,800) if convicted. Daily News editor-in-chief,
Geoffrey Nyarota, was also arrested and briefly detained on 20 May 2002 in
connection with the same article. *Andrew Meldrum, a U.S. citizen, was served
with two deportation orders on 15 July 2002 minutes after being acquitted
of "publishing false information" and "abusing journalistic privileges".
The orders gave the journalist twenty-four hours to leave the country. Two
days later, the High Court suspended the orders and referred his case to
the Supreme Court. No date has been set for the first hearing. The trial
against Geoffrey Nyarota and Lloyd Mudiwa was adjourned whilst the magistrate’s
court considered an application by their lawyers to have the case transferred
to the Supreme Court on the grounds that it touches on constitutional matters
such as freedom of expression. Nyarota and Mudiwa are currently awaiting
a Supreme Court decision on the constitutionality of the section of the Access
to Information and Protection of Privacy Act (AIPPA) under which they are
charged. On 31 October, the courts agreed to postpone the trial against Mudiwa
after the government recognised that AIPPA violated the Zimbabwean Constitution.
The government has since introduced an AIPPA amendment bill and is seeking
to prosecute Mudiwa retrospectively under the new legislation.
*Bornwell CHAKAODZA and Fungayi KANYUCHI: editor and journalist respectively
for The Standard weekly were arrested on 28 May 2002. They were charged in
connection with an 26 May article entitled “The private media’s burden” in
connection with their jail experiences of 16 May. On 21 May they were further
charged under the Censorship and Entertainment Control Act for photographs
accompanying an article entitled “Police in sex for freedom deals?” in a
12 May edition of the newspaper. The case was closed on 5 December - the
journalists having successfully applied to have the charges dropped if a
trial date had not been set by 4 December.
Facing charges
*Chris GANDE: a reporter with the Daily News, was charged in Bulawayo on
4 July 2002 under Section 80, subsection 1(b), of the Access to Information
and Protection of Privacy Act, for allegedly "writing falsehoods". The charge
stems from an article Gande wrote in the 29 June 2002 edition of the Daily
News. The journalist had claimed that the daughter of former Zimbabwean vice-president
Joshua Nkomo had stated that the family had not been invited to a state gala
held in her late father’s honour and that her mother was flown there in a
military plane at the last minute. The Department of Information and Publicity
denies the story. Gande was obliged to sign a “warned and cautioned” statement
and awaits a summons from police to take him to court.
Pius WAKATAMA: columnist with the Daily News, was arrested and briefly detained
on 6 May 2002. He was charged with two counts of “publishing false information”
and “abusing journalistic privilege”. The charges stem from a 4 May Daily
News article in which Wakatama made critical comments about the eviction
of a white farmer. The journalist also mentioned the beheading story for
which his colleagues Lloyd Mudiwa and Collin Chiwanza were arrested.
*No further news as of 31 December 2002.
Iden WETHERELL: editor of the weekly Zimbabwe Independent, was charged on
30 May 2002 under the “censorship act” of publishing an “obscene” photograph.
The charge was based on a picture, published in the newspaper’s 17 May edition,
showing partially-clad men from the Amazonian jungle playing football. Wetherell
was briefly detained on 17 April in connection with the photograph.
*Although Wetherell signed a “warned and cautioned” statement, charges have
not been dropped against him and he could be summoned and tried at any time.
Winner of the World Press Review’s Editor of the Year award for 2002.
Stephen NDLOVU: editor of the state-owned newspaper The Chronicle, was put
under investigation on 29 April 2002 after being accused of “writing
falsehoods” by Police Commissioner Augustine Chihuri, acting on behalf of
Zimbabwe's main opposition party, the Movement for Democratic Change (MDC).
The article, in the 22 April edition of the newspaper, alleged that the MDC
intended to march to the State House and bomb several tall buildings in Harare
and Bulawayo, thereby fast-tracking its leader, Morgan Tsvangirai, into power
through military means. The newspaper has refused to retract the story. *No
further news as of 31 December 2002.
Deported
*Griffin SHEA: a correspondent for Agence France Presse (AFP), was forced
to leave Zimbabwe on 14 September 2002, because the Zimbabwean government
refused to renew his work permit. A U.S. citizen, Shea had lived in Zimbabwe
for two years. Commenting on the case, Information and Publicity Minister
Jonathan Moyo stated, “In this case the law is very clear. No foreigner should
be resident here as a journalist. We have made it clear
that they can only be here for a limited period, in fact, the limited period is thirty days."
Case closed
Bornwell CHAKAODZA, Farai MUTSAKA and Fungai KANYUCHI: editor, senior reporter
and journalist respectively for The Standard weekly newspaper, were arrested
and charged at Harare police station on 16 May 2002 on allegations of "abusing
journalistic privileges by publishing falsehoods". The charge relates to
two articles that appeared in the paper on 12 May concerning the importation
by police of sophisticated Israeli-built riot control vehicles in anticipation
of anti-government demonstrations, and of alleged police corruption.
The journalists were detained for one night at the police station. They were
released on bail of Z$10,000 (approx. US$183) each but, whilst awaiting trial
on 3 June, were obliged to report to the Law and Order Section once
every two weeks. Chakaodza and Mutsaka were arrested again on 23 May and
charged with having written a false story relating to personnel changes at
the state-run newspaper company, Zimpapers, and the national broadcaster,
Zimbabwe Broadcasting Corporation (ZBC). The article alleged that new appointments
would be made according to the preferences of Jonathan Moyo, the Information
Minister. Moyo dismissed the story as false the following day. The police
recorded a “warned and cautioned” statement and released the two journalists.
*The case was closed on 5 December - the journalists having successfully
applied to have the charges dropped if a trial date had not been set by 4
December.
AMERICAS
ARGENTINA
Killed – investigation
Ricardo GANGEME: the editor of the weekly El Informador Chubutense, shot
dead on 13 May 1999. On 20 August 2002 the trial opened of six people alleged
to have been involved in the murder.
Sentenced
*Miguel ARMALEO: director of the daily Lo Nuestro in San Isidro, was given
a one-year suspended sentence on 20 September 2002 for defamation. The sentenced
stemmed from Lo Nuestro naming the leader of the local council as one of
“the usual suspects” supposedly involved in corruption at the council. Armeleo
is to appeal the verdict.
Brief detention
*Luis GRAS: journalist with La Tapa, was detained briefly whilst covering
a demonstration by Greenpeace in Buenos Aires on 26 October 2002. He was
charged with resisting arrest.
*Luis BARBASCHI: Winifreda correspondent for La Arena, was detained for an
hour at Winifreda police station on 25 November 2002 and threatened by a
police officer. Barbaschi had been investigating irregularities at the police
station.
Death threats
*Carla BRITOS (f): owner and director of the daily La Tapa, has been the
subject of a concerted campaign of threats and harassment since mid-2002.
It was reported at the end of July 2002 that a car is permanently parked
outside her house and follows her when she goes out. On three occasions,
the driver of the car has threatened to kill Britos if she continues publishing
information on alleged acts of corruption involving former city official
Oscar Rodríguez, who now holds a high position in the State Intelligence
Service (SIDE). Britos has also received numerous threats over the phone
and mail on a daily basis with the message “death to the friends of demonstrators”.
The threats are believed to be linked with articles in the daily La Tapa
which have exposed purported corruption at the local council in Guernica.
The newspaper has also alleged that the council is responsibility for the
deaths of two protestors during violent repression of demonstrations in the
town against maladministration by the authorities.
Attacked
*Augusto RECORDÓN: columnist with El Día, was assaulted in
Buenos Aires on 25 November 2002 by two Repsol-YPF workers whilst investigating
a methane leak from one of the company’s trucks.
*Catherina GIBILARO (f): journalist with Uno, was assaulted by a Mendoza
Provincial Police officer, while reporting on events at a sports club in
Mendoza on 3 October 2002.
*Horacio Enrique CERVELLINI: director of Nueva Imagen, was stabbed with a
knife and hit with a bottle in July 2002 after his newspaper published details
of its investigation into a robbery in Buenos Aires.
*Pablo GARCÍA: political editor of El Territorio, was assaulted by
the mayor of Oberá and several of his bodyguards on 5 December 2002.
The attack happened after García had asked former president Carlos
Menem if he should be standing for re-election given the legal action pending
against him.
Harassment
*Miguel BONASSO: author and journalist with Página 12, has received
police protection for over two years following threats against him. On 26
November 2002, the officer guarding Bonasso’s home was attacked. Bonasso
is about to publish a book on the social unrest that took place in Argentina
in December 2001.
Facing trial
Dante LÓPEZ FORESI: director of the press agency Agencia Digital and
the newspaper El Vigía, was reported in May 2002 to be facing defamation
charges stemming from an investigation he carried out into the activities
of businessman Fernando Geronés. *No further news as of 31 December
2002.
Daniel SUELDO: journalist with Redacción Política, was reported
in May 2002 to be facing defamation charges stemming from two articles he
wrote for the newspaper regarding the secretary general of the presidential
office, Aníbal Fernández, and the time he spent as a fugitive
from justice after having been accused of corruption whilst in office. *No
further news as of 31 December 2002.
*Bernardino ZAFFRANI: lawyer, is facing criminal charges lodged by the governor
of Santa Cruz on 11 July 2002 in connection with an opinion piece Zaffrani
wrote in the daily Tiempo Sur.
BOLIVIA
Facing trial
*Jaime ITURRI SALMON: director of Extra, is to be tried on charges of defamation
following an article regarding member of parliament Wálter Guiteras.
The decision to proceed with the trial was made on 30 July 2002.
Judicial concern - freed on bail
Alison SPEDDING (f): British writer and anthropologist, Spedding was arrested
on 20 March 1998 and charged with drug trafficking. She was conditionally
released on parole on 30 September 2000. *No further news as of 31 December
2002.
BRAZIL
Killed: investigation
*Domingos Sávio BRANDÃO LIMA JÚNIOR: the owner of the
daily Folha do Estado in which he wrote a column, was murdered in the city
of Cuiabá on 30 September 2002. He was shot a number of times at close
range by two unidentified individuals who escaped on a motorcycle. The following
day, an editorial in Folha do Estado pointed the finger at local criminal
gangs prevalent in the region, claiming that Brandão (40) had been
killed because of the newspaper’s reporting of drug trafficking, illegal
gambling and the corrupt activities of public officials. The police have
described Brandão’s murder as a contract killing but have yet to ascribe
a motive. The journalist also owned construction and publishing companies.
Threatened
*Saulo BORGES and Joana QUEIROZ (f): journalists with the daily A Crítica,
received a number of telephoned death threats in the latter half of August
2002. The threats are connected with the journalists’ investigations into
a death-squad operating in the Amazonas region.
Facing trial
*Lúcio Flávio PINTO: freelance reporter and columnist for the
São Paulo-based daily O Estado de S. Paulo, faces a number of criminal
and civil law suits in connection with a series of articles he published
in 1999 and 2000 concerning illegal logging in the Amazon rain forest. The
decision to proceed against Pinto was made public in September 2002.
CHILE
Death threats/facing charges
*Víctor GUTIERREZ: journalist with La Nación, is facing libel
charges brought on 30 September 2002 by Jorge Balmaceda, a lawyer whom Gutiérrez
has claimed was involved in irregularities in trials of members of the last
military dictatorship. The journalist, who also received a number of death
threats in the wake of the articles about Balmaceda, lives in the USA.
Harassment
*Alberto LUENGO: director of La Nación, was intimidated by Chilean
air force Commander-in-Chief Patricio Ríos on 10 September 2002 following
an article on the re-emergence of the so-called 'Joint Command', a repressive
organisation that operated during the Pinochet dictatorship.
Possible charges pending
Juan Pablo ILLANES: director and editor-in-chief of the daily El Mercurio,
is facing charges after an “insult” suit lodged by Clara Szczaranski, president
of the Consejo de Defensa del Estado, (State Defence Council - CDE) in January
2002. The complaint is against the newspaper and its editorial team which
consists of Álvaro Bardón, Hernán Felipe Errázuriz,
Francisco José Folch, David Gallagher, Hermógenes Pérez
de Arce and Illanes. *No further news as of 31 December 2002.
COLOMBIA
Killed
*Mario PRADA DÍAZ: founder and director of monthly newspaper Horizonte
Sabanero, was abducted by unidentified armed gunmen on 11 July 2002 at his
home in Sabana de Torres in the north-eastern department of Santander. His
body was discovered the next day on a road a few miles outside the town.
Prada Díaz (44) had been shot four times in the head. He is not known
to have received any death threats and the contents of the newspaper – information
on social and community matters – was not that which would typically have
made its owner a target. Its final edition, however, was given over to accusations
of corruption in the town’s local government. Horizonte Sabanero had also
just begun to broaden its circulation to include, among other places, Barrancabermeja,
a town in which journalists are coming under increasing persecution. The
police have yet to establish a definite motive for the killing.
Kidnapped
*Iván NOGUERA: legal affairs editor of the newspaper El Tiempo Café,
was abducted along with two other El Tiempo Café staff in Mistrató
on 6 August 2002 by members of the Frente Aurelio Rodríguez division
of the Revolutionary Armed Forces of Colombia (FARC). All three were released
unconditionally the following day. The FARC members were unhappy at the way
the media refers to them as terrorists.
*León Jairo SALDARRIAGA LÓPEZ: journalist with El Colombiano,
was detained at a roadblock along with two other El Colombiano staff in San
Cristóbal on 15 October 2002 by members of the paramilitary group
Córdoba and Urabá Rural Self-Defence Forces (ACCU). The three
were accused of being representatives of the Public Prosecutor’s Office and
were only saved from being killed when the ACCU members checked back copies
of El Colombiano and realised that they did indeed work for the newspaper.
They were released but warned not to travel in the region without first obtaining
permission.
Threatened/Fled
Edgar BUITRAGO RICO: founder and director of the Cali-based monthly Revista
Valle 2000, went into hiding on 17 September 2002 after receiving almost
continuous death threats since May. The journalist has been threatened by
a group calling itself The Committee for the Rescue of Cali which has taken
exception to Buitrago’s support for the stand against corruption taken by
the mayor of Cali. He has since been accepted into the Interior Ministry's
Programme for the Protection of Journalists and is living elsewhere in Colombia.
*Enrique NARVAEZ: columnist and former sports editor for Diario del Sur (Nariño),
fled the city of Pasto in mid-June 2002 after receiving a stream of death
threats by telephone that started at the end of 2001. Narvaéz was
repeatedly warned to give up his opinion pieces in Diario del Sur and leave
the city.
Death threats
*Anyela MUÑOZ (f): director of the weekly El Vocero, was held up by
two unidentified men in Barrancabermeja on 9 July 2002. They threatened her
at gunpoint that if that week’s edition was published, someone would be killed.
In an 8 July 2002 interview in the newspaper Vanguardia Liberal, the United
Self-Defence Forces of Colombia (AUC) political commissar in Barrancabermeja,
‘Alex’, warned them, “Stop playing with the pain of the community or we will
be sadly obliged to execute someone so that you understand the pain of the
people.” Only after a national and international outcry was the declaration
retracted by the AUC.
*Manuel BENAVIDES: correspondent for the Diario del Sur, was threatened at
an illegal checkpoint manned by members of the rightwing paramilitary group
United Self-Defence Forces of Colombia (AUC) on 9 July 2002. He was told
to leave the region or he would be killed at the next checkpoint. The AUC
are apparently unhappy at what they allege is bias in Benavides’ reporting
of the civil war.
*Diego MARTINEZ LLOREDA and Mario Fernando PRADO: both columnists with El
País, were mentioned, along with six TV journalists, in a July 2002
communiqué apparently signed by the leftwing guerrilla group Revolutionary
Armed Forces of Colombia (FARC), though the police are not certain of its
origin. The directive gave the journalists 72 hours to leave the city of
Cali.
Harassment
*Staff at La Opinión: on 19 November 2002 a bomb was left outside
the offices of La Opinión in Cúcuta, Santander. The bombers
had attempted to enter the offices but were prevented from doing so by guards.
The 30 kilogram bomb was defused by police.
*Hernán VENEGAS: journalist with El País, appeared on the United
Self-Defence Forces of Colombia (AUC) website on 8 July 2002. The AUC declared
that they would be making an “exhaustive investigation” to find out why he
published information on alleged AUC threats in the town of Pradera. The
declaration was so worded as to appear to be threat.
CUBA
Main case
Bernardo AREVALO PADRON: Profession: journalist and director of Linea Sur
Press, an independent press agency based in Cienfuegos. Date of Arrest: 14
August 1997 Sentence: 6 years, confirmed on appeal. Expires: 15 November
2003 at 3:00 p.m. Details of arrest: detained by State Security agents in
Aguada de Pasajeros and released three days later to await trial. Details
of trial: it was initially believed that Arévalo Padrón (36)
was to be charged with 'defamation' following articles considered insulting
to government officials and President Castro himself. However at the trial
he was charged and sentenced with 'enemy propaganda’, an offence which carries
longer penalties. On 1 April 2001, his application for conditional leave
(all Cuban prisoners become eligible for this on serving half their sentence
- Arévalo reached the half way point in October 2000) was turned down
by the authorities on the grounds that he had not been sufficiently “politically
re-educated”. Place of detention: El Diamante prison in Rodas, Cienfuegos
province. Health Concerns: Suffers from high blood pressure and has
had bronchitis In December 2002, Padrón was diagnosed with leptospirosis,
a disease spread by rats. Conditions of detention: held in a cell with criminal
convicts. Since May 1999 Arévalo Padrón has been held in a
forced labour camp with very poor levels of nutrition. Has written to complain
of ill-treatment, poor food and insanitary conditions. *In August 2002, Padrón
sent a letter in which he stated that he feared for his life because the
prison authorities had threatened the denial of visitation rights to all
prisoners if he continued to send information out of the prison. Such a move
would incite reprisals from Padrón’s fellow inmates. Honorary member:
Catalan, English, Peruvian and Canadian PEN.
Detained awaiting trial
*Carlos Alberto DOMINGUEZ: journalist with the independent news agency Cuba-Verdad,
was arrested on 24 February 2002. He is being held in Valle Grande prison
awaiting trial. On 1 December Domínguez was rushed into hospital.
The journalist suffers from hypertension, migraines, insomnia and glaucoma.
He is accused of “insult” and public disorder under the wide-ranging Law
88. His case is currently passing through its “secret phase” according to
Domínguez’ lawyer.Carlos Alberto DOMINGUEZ: journalist with the press
agency Agencia Cuba-Verdad, was arrested on 22 February 2002 after attending
a mass for Cuban political prisoners. He is currently detained in Valle Grande
prison, Havana, awaiting trial. It is believed that he will be charged with
disorderly and disrespectful behaviour under Articles 144 and 200-1 of the
Cuban Penal Code.*No further news as of 31 December 2002 though it is believed
that Domínguez is still being detained.
Léxter TELLEZ CASTRO and Carlos BRIZUELA YERA: director of the Agencia
de Prensa Libre Avileña (Avileña Free Press Agency), and the
Colegio de Periodistas Independientes de Camagüey (Camagüey College
of Independent Journalists) respectively, were attacked by police and arrested
on 4 March 2002, along with six human rights activists at a hospital in Ciego
de Avila. The eight men had staged a peaceful protest in support of a reporter,
Jesús Alvarez Castillo, who had been assaulted by police on his way
to a human rights meeting. The protesters were dragged from the hospital
by police who then proceeded to beat them. On 11 March, Brizuela was transferred
to a detention centre in Holguín in the east of the country. Téllez,
meanwhile, was moved to a holding facility in Cienfuegos. It is believed
that the two are likely to be charged with "disrespect", "public disorder
in a medical institution" and "resistance". Téllez Castro is reported
to have begun a hunger strike on 27 June in protest at his detention. The
two journalists were apparently also detained between 1 and 3 March. It is
believed that the journalists will be have been?? charged with disorderly
and disrespectful behaviour under Articles 144 and 200-1 of the Cuban Penal
Code. Both Téllez Castro and Brizuela Yera were still imprisoned awaiting
trial as of 31 December 2002. The Public prosecutor has requested prison
terms of six years for Téllez and five years for Brizuela. Téllez
is believed to have staged a hunger strike in protest at his imprisonment
in June/July 2002. It was reported in November 2002 that he was losing the
vision in his right eye. Jesús Alvarez Castillo, a Cuba Press journalist,
faces a prison sentence of between six to twelve months for his refusal to
testify in the trial of the six activists who protested at the hospital on
4 March. Alvarez refuses to sign a document that states that he witnessed
the alleged illegal activities of the group. He claims he was only semi-conscious
due to the beating he received from police and was therefore unaware of what
was happening around him. He also faces a second sentence of between three
and eight years for having the reported on the events that resulted in his
arrest.
Brief detention/Fine
*Juan Carlos GARCELL: journalist with the independent news agency Prensa
Libre Oriental, was arrested on 10 December 2002 in Moa where he was covering
a meeting called by the Pedro Luis Boitel Civic Resistance Movement. The
journalist was fined 40 pesos and released the same day.
Brief detention
*Yoel BLANCO GARCÍA: journalist with the Independent Journalists College
of Camagüey, was arrested in Camagüey on 20 July 2002. He was interrogated
for three hours before being released. Blanco has also reported being followed
and threatened by state security officers.
*Angel Pablo POLANCO TORREJÓN: director of the independent news agency
Noticuba, was arrested on 30 July 2002 by State Security agents and interrogated
for five days. He was accused of starting a clandestine network that sent
information about Cuba to foreign countries. Polanco (60) was released on
3 August. The police have opened a file on him.
*María Elena ALPÍZAR (f) and Isabel REY (f): independent journalists,
were ordered to stay in their homes on 5 August 2002 to prevent them from
covering opposition demonstrations.
*Carlos CERPA MACEIRA: independent journalist, was detained in the western
Isla de la Juventud Province for five hours on 5 August 2002 to prevent him
from reporting on the opposition demonstrations.
*Ana Leonor DÍAZ CHAMIZO (f): independent journalist, was arrested
on 5 December 2002 and taken to State Security Department offices for questioning.
She was reportedly threatened and insulted before being released.
Harassment
*Carlos SERPA MACEIRA: journalist and member of the Union of Independent
Cuban Journalists and Writers, was fined 60 pesos on 13 March 2002 for having
reported a march calling for the release of political prisoners. On 12 September
2002 he was brought to trial for non-payment of the fine. However, he was
able to prove to the court that he had paid the fine and was duly acquitted.
ECUADOR
Tried/Acquitted
Jorge VIVANCO MENDIETA: deputy director and columnist with the Guayaquil-based
daily Expreso. On 15 October 2002, the Supreme Court of Justice acquitted
Jorge Vivanco Mendieta of the criminal charges brought against him by member
of parliament Fernando Rosero. The civil charges against him are also due
to be thrown out following a ruling in favour of the journalist.
GUATEMALA
Death threats
*Adrián ZAPATA: columnist with the daily Siglo XXI, reportedly received
a telephone call on 7 July 2002 in which he was told that he would be killed.
Zapata is an outspoken critic of those involved in organised crime.
*David GONZÁLEZ and Wesley BOXED: journalists with the US-based New
York Times, reported in August 2002 that they had received death threats
from paramilitaries following the publication of their investigations into
crimes against humanity committed during the Guatemalan civil war.
Killed/killer sentenced
Myrna MACK CHANG (f): anthropologist, stabbed to death in Guatemala City
in September 1990. In October 2002, Colonel Juan Valencia Osorio was sentenced
to thirty years’ imprisonment for masterminding the murder. His two co-defendants,
General Edgar Augusto Godoy Gaitán and Colonel Juan Guillermo Oliva
Carrera were both acquitted. Attempts are being made by the prosecution to
have their acquittals overturned. The murder was carried out by Sergeant
Major Noel de Beteta Alvarez who was sentenced to twenty-five years in 1993.
MEXICO
Killed: investigation
*José MIRANDA VIRGEN: journalist and vice-president of the daily El
Sur de Veracruz, was seriously injured in an explosion at his apartment on
11 October 2002 and died of his wounds five days later. The Mexican authorities
have stated that the blast was caused by a gas leak. However, an investigation
by the local press revealed that the main damage was caused not in the kitchen
but the living room. An independent enquiry has been requested. Prior to
the explosion Miranda Vírgen had written a series of newspaper articles
in which he claimed that certain police officers were involved in drugs trafficking.
Brief detention/facing charges
*Isabel ARVIDE (f): journalist and author, was arrested and charged with
criminal defamation on 19 August 2002 before being released on US$10,000
bail. On 2 June, Arvide had published an article on her own website (www.isabelarvide.
com), and in the newspaper Milenio, accusing a newspaper director of involvement
in drug trafficking and money laundering. She faces a prison sentence of
six months to two years if convicted.
Death threats/facing charges
*Angel Mario KSHERATTO: columnist for the daily Cuarto Poder, faces charges
of criminal defamation brought by the chief of communications of the state
Committee for the Construction of Schools (COCOES). In August, Ksheratto
had published the results of his investigation into alleged corruption at
COCOES. He reported that he has been followed by vehicles without number
plates and received a succession of death threats by telephone in December
2002. Legal action is also believed to be pending against Cuarto Poder staff
Amet Samayoa Arce, Miguel González Alonso and Roberto Domínguez
Cortéz and the newspaper’s director Conrado de la Cruz Jiménez.
Harassment
*Enrique MENDEZ, Gustavo CASTILLO, Rubén VILLALPANDO, Andrea BECERRIL
(f), Ciro PEREZ and Roberto GARDUÑO: all journalists with the daily
La Jornada, were summoned on 18 November 2002 to appear in court to be questioned
about their sources for articles written about a corruption scandal. All
six attended but refused to reveal their sources. Daniel MORENO, news director
for the daily El Universal, was summoned on 3 December 2002 to appear in
court to reveal his sources for an article he had published in June on the
same corruption case. He refused to attend. Further action may be pending
against him.
*Francisco GUERRERO GARRO and Fabiola ESCOBAR (f): director and reporter
respectively for the daily La Jornada de Morelos were summoned on 16 December
2002 to appear in court to answer questions regarding their sources of information
for articles they had published on corruption in Morelos.
Facing charges
*Hermén MACIAS LOPEZ: the director of the daily Lo Nuestro, faces
charges of criminal defamation brought by union leader Hilario Vega Zamapirra
for an article published in August 2002 which accused him of corruption and
questioned statements given by him to the local press.
Alejandro JUNCO DE LA VEGA, Enrique I. GÓMEZ and Humberto PADGETT:
president of newspaper publisher Reforma Group and reporters with the newspaper
Reforma respectively, appeared before a public prosecutor on 8 May 2002 on
a criminal defamation charge brought by Mexico state politician Carlos Galán
Domínguez. The charge relates to a 17 September Reforma article which
claimed that Galán and six other politicians had received improper
payments totalling 969,000 pesos (approx. US$100,000) from the Mexico State
Chamber. The piece, written by Gómez and Padgett, pointed out that
Galán had denied receiving any money illicitly. The case is now with
the Mexico State Prosecutor who must decide whether to submit it to a judge
for trial. If convicted, the three men face up to three years’ imprisonment.
*No further news as of 31 December 2002.
*Oscar CANTÚ MURGUÍA, Armando DELGADO, Manuel AGUIRRE, Guadalupe
SALCIDO, Rosa Isela PÉREZ (f), Francisco LUJÁN, Antonio FLORES
and Carlos HUERTAS, editor and reporters respectively with the daily Norte
de Ciudad Juárez, face arrest and charges of criminal libel following
the decision of a judge on 17 October 2002 to consider an application for
the issuing of arrest warrants against them. The request was made by the
mayor of Ciudad Juárez after allegations of corruption against him
made in the newspaper in January.
NICARAGUA
Death threats
*Staff at La Prensa: were threatened on 22 October 2002 by Tirso Moreno,
a member of the now defunct rightwing paramilitary group the Contras, who
burst into their offices, fired two guns and declared, "This place is going
to be a blood bath." No one was injured and Moreno later handed himself over
to the police. The Contras have been critical of the press for publicising
corruption charges made against former president Arnoldo Alemán.
Harassment
*Luis Felipe PALACIOS: journalist with La Prensa, was interrogated by police
on 18 July 2002 regarding an article he had published accusing an army officer
of corruption.
PANAMA
Of the 200 or so journalists working in Panama, around half are facing charges
in connection with articles they have written or published.
Detained pending trial
*Blas JULIO: former journalist with Diario El Siglo and founder of weekly
La Verdad, was reported to have been arrested on 21 May 2002 and detained
pending trial on charges of extortion. The charges have been lodged by a
businessman named Abdul Waked presumably in reprisal for Julio’s published
accusations that he is a drugs trafficker and money launderer. The journalist
suffers from severe hypertension. On 5 July 2002, a Superior Tribunal declared
that Julio’s continued detention awaiting trial was legal. WiPC seeking further
information.
Fined/possible prison sentence
Michelle LESCURE (f): former editor of El Siglo newspaper, was sentenced
to eighteen months’ imprisonment on 4 June 2002 for alleged “crimes against
honour”. Jaime Padilla Béliz, the newspaper’s former owner received
the same sentence whilst Carmen Boyd Marciaq (f), an El Siglo columnist,
was given a twelve-month sentence. Lescure and Padilla had their sentences
commuted to fines of 500 dollars, whilst Boyd’s was commuted to 200 dollars,
all payable within six months. Michelle Lescure has declared publicly that
she will not pay the fine and so risks having to serve her prison sentence.
She was charged on three separate instances of dishonouring public figures
but was acquitted on two counts after proving the accuracy of the El Siglo
articles. The third case centred on an 11 February 1999 report by Boyd which
claimed that boxing commentator Juan Carlos Tapia lived in luxury whilst
his ailing sister was cared for in a shelter for poor people. The claims
were repeated in El Siglo on 1 March the same year. However, Lescure claims
that she was no longer acting as editor for El Siglo at the time of the publication
of the articles. In court she produced sworn statements from staff at the
newspaper to the effect that she was not working at El Siglo at the time
and had no connection with the articles whatsoever. During the trial, the
former editor also requested that the Public Affairs Ministry investigate
whether she was editor of the newspaper when the articles were published.
However, they failed to do so, and no El Siglo staff were called to testify.
Prosecutors for the state also failed to notify Lescure of the trial and
she only discovered that it was due to take place a day beforehand. *No further
news as of 31 December 2002. However, there are no indications that Lescure
has been imprisoned.
On trial
Mónica PALM (f): journalist with the daily La Prensa, was summoned
to appear in court on 21 May 2002 regarding a complaint by Mayor Alfredo
Alemán, a close aide of former President Ernesto Pérez Balladares.
Alemán has accused the journalist of damaging his reputation but it
is not clear to which of Palm’s articles he objects. She faces a two-year
prison sentence if convicted. *No further news as of 31 December 2002.
Marcel CHERI, Juan Manuel DÍAZ, Vladimir RODRÍGUEZ, Marcelino
RODRÍGUEZ, Reyner TUÑÓN, Dámaso GARCÍA
and Carlos SINGARES: all journalists, were found guilty in 2001 and 2002
of criminal defamation. All their cases are currently going through an appeal
process. *No further news as of 31 December 2002.
*Julio César AIZPRUA and Rafael PEREZ: journalists with the daily
La Prensa, appeared in court on 26 November 2002 charged with committing
a "crime against [the] honour" of the Naves Supply company. The charge relates
to a report published by the journalists in February that alleged that unusually
large quantities of manure were being shipped into Panama.
Acquitted
Miguel Antonio BERNAL: columnist for the daily El Panamá América,
contributor to newspapers La Prensa and El Siglo, radio journalist and university
professor. *Bernal was finally and definitively acquitted of criminal defamation
in October 2002.
PARAGUAY
Death threats
*Cándido FIGUEIREDO: journalist with Asunción-based newspaper
ABC Color reported in November 2002 that he is now permanently accompanied
by an armed bodyguard on account of the stream of death threats he has received
from drugs traffickers whose activities he has reported.
PERU
Main case
Juan de MATA JARA BERROSPI: Profession: Journalist and poet. At the time
of arrest was the director of El Informador, a magazine produced by the Antonio
Raymundi de Santa Lucia College in Lima. He also worked for Radio Comas and
for the daily El Heraldo Huanuqueno. Had previously been on the staff
of El Diario, a newspaper allegedly close to the Sendero Luminoso guerrilla
group. El Diario was declared illegal and closed in 1988. Date of Arrest:
10 July 1993. Sentence: 20 years in September 1994. Place of detention: Miguel
Castro Castro prison, Lima. Expires: July 2013 Details of trial: convicted
of “collaborating” with a terrorist group, in this instance the Shining Path,
by a “faceless tribunal”. He was apparently convicted because maps showing
where 9 students and professors of La Cantuta University had been killed
and buried by the military were found in his possession, and on account of
having worked for El Diario. According to the defence, the maps had already
been published and as a journalist the defendant had good reason for wanting
to investigate a major case of human rights abuse allegedly committed by
the Peruvian Military Secret Services. During the trial Jara Berrospi constantly
denied any involvement with the Shining Path. There was allegedly no testimony
against him and no documents, arms or explosives were found in his possession
to corroborate the accusation. Various appeals have been lodged with no success
so far. The Ad-Hoc Commission for presidential pardon did not pronounce itself
on the case. Due to the lack of progress made in resolving his case, he staged
a hunger-strike in September and October 2000 along with then fellow prisoner
Antero Gargurevich Oliva (released in October 2001). After a meeting in December
2000 between Ministry of Justice officials, leaders of the National Journalists'
Association of Peru (ANP) and the Journalists' Human Rights Office (OFIP),
the Ministry of Justice’s National Human Rights Council (CNDH) agreed to
review the cases of all remaining imprisoned Peruvian journalists. *Juan
de Mata’s case has been taken up by lawyer Dr. Luis Manunta of the NGO Obras
Recoletana Solidaria. He interviewed de Mata on 13 and 17 December and expressed
surprise that he was still awaiting pardon and release. Manunta is due to
bring the journalist’s case before the Pardons Commission in January 2003.
On 25 June 2002, Juan de Mata’s sister reported that their parents’ house
had been attacked in the middle of the night by a group of men wielding piping.
It is apparently not the first time that the family home has been attacked
in recent years. De Mata’s case is still under review.
Death threats/on trial
Mabel CACERES CALDERON (f): a journalist and director of the fortnightly
El Búho, is also facing court action brought by National University
of San Agustín (UNSA) rector Rolando Cornejo Cuervo, who El Búho
accused of legal responsibility for the alleged corruption at the university.
Although Cáceres was absolved in March 2002 of defaming Cornejo, the
UNSA rector has appealed against the verdict. Cáceres also received
a number of death threats in 2001/2 in connection with her articles on alleged
corruption at UNSA. *No further news as of 31 December 2002.
Death threats
*Carlos PULGARIN and Omar GARCIA: professor/journalist and journalist respectively,
both allegedly received telephoned death threats on 2 August 2002. Both men
are Colombian and went into exile in Peru earlier in the year after a series
of death threats against them in their home country.
Attacked/threatened
*Sergio TAPIA HELFER: journalist with the sports newspaper El Bocón,
was physically assaulted at the Miguel Grau stadium in Callao on 10 October
2002 by Carlos Flores Murillo who plays for the Sports Boys Association football
club. Flores accused Tapia of lying about him in his reports, and threatened
to kill him if he wrote about him again.
Facing charges
María Irina MAURICIO TRELLES (f), Genaro GUERRERO ZURITA and Luz María
HELGUERO DE PLAZA (f): journalists and director respectively of the daily
El Tiempo, face charges of “insult to honour” brought against them by the
former chair of National Piura University's Faculty of Law Government Commission,
Manuel Eduardo Cevallos Flores. On 11 February 2002, the court decided that
Helguero could not be pursued for damages but that an investigation into
Mauricio Trelles and Guerrero Zurita would go ahead. *No further news as
of 31 December 2002.
Álvaro VARGAS LLOSA: journalist, is currently on trial for “crimes
against honour”. The charge stems from public statements by Vargas Llosa
in which he called for investigations into Gil Shavit Aiches, Adam Pollack
and Joseph Maiman Rapaort. Vargas Llosa has been prohibited from leaving
the country after a ruling handed down at the Lima Criminal Court on 22 February
2002.
*After ignoring a summons, Vargas Llosa had an arrest warrant issued against
him on 25 July 2002 to stand trial on defamation charges. He is now considered
a “criminal at large”.
Released
Javier TUANAMA VALERA: editor-in-chief of Hechos magazine, was released on
16 November 2002 under the terms of a pardon granted personally by Peruvian
president Alejandro Toledo. Tuanama Valera had been arrested in March 1994
and sentenced by a “faceless judge” to ten years’ imprisonment in November
that year after being accused of membership of the Tupac Amaru Revolutionary
Movement (MRTA). The journalist had spent eight years and eight months in
prison.
UNITED STATES OF AMERICA
Judicial concern
Mumia ABU-JAMAL: Prominent black radio journalist on death row since 3 July
1982. Found guilty of shooting a police officer dead on 9 December 1981 after
apparently interrupting an argument between a police officer and Abu-Jamal's
brother. Abu-Jamal had no previous criminal record. Says he was shot in scuffle
and severely wounded and reported to have been badly beaten by police who
arrived after the shooting. Professional details: Worked for National Black
Network, Mutual Black Network, National Public Radio, Associated Press and
Radio Information Centre for the Blind. Elected President of the Philadelphia
chapter of the Association of Black Journalists in 1980. Was member of Black
Panther Party when he was 16. Trial and Judicial details: Abu-Jamal’s youth
affiliation to the Black Panthers was used against him in court, allegedly
prejudicing the jury against him and instrumental in the death penalty being
handed down. He pleaded his innocence and said that the trial was unfair
on various grounds, e.g. only one juror was black in a city which is 40%
black and one jury member admitted he was biased against Jamal. Moved in
January 1995 to State Correction Institution in Greene County. Death warrant
signed on 2 June 1995 for 17 August 1995, but stay of execution granted on
7 August 1995. Application for a retrial was turned down on 15 September
1995 by same judge (Judge Albert Sabo) who originally tried Abu-Jamal. Appeal
filed on 9 February 1996 with Pennsylvania Supreme Court for a new trial.
In May 1996, Abu-Jamal's lawyers asked the Supreme Court to take Judge Sabo
off the case after a witness came forward saying she had been put under police
pressure to change her testimony at the original trial. Judge Sabo reportedly
did not allow parts of this testimony. The State Supreme Court ruled in September
1996 that the testimony be allowed, but did not take judge Sabo off the case.
The testimony was given on 1 October 1996 and forms part of the defence's
case that there should be a retrial. The woman stated that she saw two people
running away from the scene of the crime. In late 1997 Judge Sabo was finally
taken off the case. On 13 October 1999, the Governor for Pennsylvania signed
a death warrant for execution on 2 December 1999. A few days later, on 26
October, Judge William Yohn stayed the execution pending his review of the
case. On 18 December 2001, Abu-Jamal’s request for a new trial was turned
down by Federal District Court Judge William Yohn who upheld the murder conviction.
Only one such federal habeas corpus appeal is allowed under U.S. law. However,
Yohn also overturned the death sentence against Abu-Jamal and ordered that
the Pennsylvania state court conduct a new sentencing within 180 days (this
could include the re-imposition of the death sentence), or hand down a life
sentence without possibility of parole. It is expected that both the defence
and the prosecution will appeal the decision. Such appeals would be made
to the 3rd circuit court of appeals. *Mumia's case remains on appeal in the
United States Court of Appeals for the Third Circuit and the Pennsylvania
Supreme Court. A professional hitman, Arnold Beverly, has made a public confession
that he murdered the policeman alleged to have been killed by Mumia.PEN position:
PEN holds no view on Abu-Jamal’s guilt or innocence, but is calling for his
sentence to be commuted and that he not face execution. It also urges that
any appeal of his case take into account gross irregularities in past trials.
Honorary Member: Belgian (Dutch-speaking) PEN
Released
Paul TRUMMEL: internet newsletter publisher and former freelance journalist,
was imprisoned on 27 February 2002 for contempt of court after refusing to
remove personal information from his website. *Trummel was released in the
latter half of 2002 after agreeing to suspend the offending website. He has
since reinstated it.
URUGUAY
Facing charges
*Samuel BLIXEN: journalist with the weekly Brecha, was reported in July 2002
to be facing charges of “revealing details of bank transactions” after he
published an article regarding bank withdrawals made by leaders of a political
party.
VENEZUELA
Kidnapped
Fabio CORTÉS: owner of the newspaper La Nación, was kidnapped
on 29 June 2002. Three armed men broke into his house, tied up his wife and
daughters, forced him into his wife’s car and drove off. The motive for the
kidnapping is as yet unknown. *The police are working on the thesis that
Cortés was kidnapped by common criminals.
Attacked
*José RODRIGUEZ, Iriana BRETT (f) and Martín URTIAGA: journalists
with Diario El Impulso, Diario Hoy and El Informador respectively, were injured
when covering clashes between supporters of the government and opposition
on 4 December 2002. Rodríguez was hit with a club and concussed.
*Sabrina SEGOVIA (f): Caracas correspondent for the daily Notitarde, was
attacked by two women on 5 July 2002. Her assailants knocked her down before
beating her and scratching her face and arms. The two were apparently angry
at negative press coverage given to the president.
*José Angel OCANTO: columnist and managing editor of the Barquisimeto-based
newspaper El Impulso, had his car set alight on 6 July 2002. The attack is
believed to be in revenge for columns he had written concerning alleged corruption
in local government.
ASIA and PACIFIC
AFGHANISTAN
Briefly Detained
*Abdul Ghafur AITEQAD: Director of the privately-owned weekly Farda (Tomorrow).
Detained on 19 December 2002 following the 15 December publication of an
editorial cartoon lampooning the President and Finance Minister. He was released
on 23 December following President Karzai’s return to Kabul.
*Hayatullah KHAN: Journalist for the Pakistani daily Nation. Held by US forces
from 2-7 July 2002 on suspicion of contacting terrorist organisations. He
claims to have been ill-treated while in detention. Arrest based on his address
book which contained the names of Afghan and Pakistani religious leaders.
On his release he was in turn briefly detained at the border by Pakistani
paramilitaries who accused him of passing information on to the American
forces.
AUSTRALIA
Fears for safety
Cheikh KONE
Profession: Journalist with the Côte d’Ivoire newspaper Le Patriot
and opposition activist. Date of arrest: January 2001. Details of arrest:
Cheikh Kone has been held in immigration detention in Australia since January
2001. He fled Côte d’Ivoire in fear for his safety after reporting
fraudulent activity during the October 2000 elections. His initial application
for asylum was rejected by the Australian Department of Immigration despite
possessing ample evidence to support his case. He has not in subsequent appeals
been able to demonstrate that a mistake in law was made in the initial decision,
and has been consequently unable to have the decision overturned. He is presently
pursuing his final avenue of appeal, an application to the High Court. This
is expected to take over a year, during which time he will continue to remain
detained at the Port Hedland Detention Centre. His life would be in danger
if he was repatriated. Place of detention: Port Hedland Detention Centre.
Previous political imprisonment/problems: In 1997 Kone was arrested for publishing
articles criticising the country’s electoral act. He was held for three months,
during which time he was reportedly tortured, before being released without
charge. Other information: Cheikh Kone was an organiser for the youth wing
of the opposition “Rassemblement de Republicains” (RDR) party, and a member
of the northern Dioulua tribe that the Côte d’Ivoire military have
traditionally regarded as their enemy.
Attacked
*Hedley THOMAS: Investigative reporter for the daily Courier-Mail, attacked
at his home in Brisbane, Queensland. At 10.30pm on 23 October 2002 an unidentified
gunman fired four shots at Thomas’ home. No-one was injured, although one
bullet reportedly missed Thomas’ wife by inches. Police investigations are
underway, but as yet have uncovered neither motive nor suspects. Thomas is
an award-winning journalist whose reports have uncovered corruption in the
legal and real estate industries.
BANGLADESH
Investigation
*Shahriar KABIR, Muntasir MAMUN: Journalists. Arrested from their homes on
8 December 2002 without a warrant and held incommunicado under legislation
that allows detention without a warrant for 24 hours. Police reportedly sought
an extension of the interrogation period and this was granted until 11 December.
The arrests are thought to be connected with the journalists’ suspected links
to the Channel 4 journalists Zaiba Malik and Bruno Sorrentino (see Saleem
Samad) and police sources have reportedly indicated that the prisoners were
detained for ‘anti-state’ activities. Kabir reportedly had a heart attack
during his interrogation on the night of 10 December 2002, but his doctor
and family were unable to see him. Both men were expected to be sent to Dhaka
Prison on 11 December 2002. WiPC seeking further details. *Shariar Kabir
released on 8 January 2003 following a High Court order declaring his detention
illegal.
*Moniruzzaman MONIR: Correspondent for Dainik Jugantor. Arrested on 23 October
2002 after the brother of Jamaat-e-Islami Party leader Abu Bakr Siddique
filed a complaint against him alleging violence and extortion. The newspaper
had published an article by Monir making allegations of corruption against
the party’s local leader. WIPC seeking further details.
*Sumi KHAN: Correspondent for the weekly Shaptahik 2000 in the south-eastern
city of Chittagong. Detained on 28 November 2002 in connection with the arrest
of two Channel 4 journalists (see below).
*Saleem SAMAD: Bangladesh correspondent for Reporters sans Frontières.
Arrested on 29 November 2002. Thought to be linked to his work as a guide
and interpreter for two Channel 4 broadcast journalists (British national
Zaiba Malik (f) and Italian national Bruno Sorrentino) who were arrested
on 25 November 2002 with their interpreter Pricila Raj and their driver Mujib
as they were leaving Bangladesh for India. According to reports the four
were detained for gathering information and video footage for a documentary
about the political situation in Bangladesh. Initial charges against them
include sedition and criminal conspiracy. Malik and Sorrentino were deported
on 11 December 2002 and Pricila Raj was released on 22 December, but Samad
remains in custody. His detention continues in spite of a High Court order
granted on 23 December 2002 for his release as a result of an additional
one-month detention order issued under the Special Powers Act which can overrule
a court’s decision. His family have gone into hiding after their house was
ransacked by the police, fearing for their safety. *Saleem Samad was released
on 14 January 2003 following a High Court order declaring his detention illegal.
Assassination Attempt
*Belal CHOWDHURY: Reporter with local newspaper Dainik Thikana. Reportedly
attacked and beaten unconscious in a Faridpur market on 24 August 2002 by
five people armed with machetes and axes. The attack followed death threats
by the Tuhidi Janata Islamic fundamentalist group, who have targeted journalists
in support of a local theatre group accused of ‘blasphemy.’
Kidnapped
*Shukur Ali HOSSAIN: age 40. Staff reporter with the daily Dainik Anirban.
Reportedly kidnapped by criminals on 5 July 2002 from his home in Ula near
Dumuria, Khulna district. Police suspect that the kidnappers are members
of the banned Biplobi Communist Party, one of the many guerrilla groups in
the region. Hossain had written several articles critical of the group and
had allegedly received death threats. A colleague, Nahar Ali, had also been
kidnapped in April 2001 and reportedly tortured to death.
Facing trial
Taslima NASRIN (f): Writer and columnist. Reported to have been publicly
condemned to death for 'blasphemy' and a reward given for her execution on
16 September 1993 by members of an armed militant Muslim group, due to her
novel Lajja (Shame). In an interview published in an Indian daily newspaper,
The Statesman, Nasrin allegedly stated that the Koran should be revised and
that some parts discriminated against women. The publication of the article
triggered demonstrations calling for Nasrin's execution. On 4 June 1994,
Nasrin was charged with 'deliberate and malicious intention of hurting the
religious sentiments' in connection with the Indian newspaper comments. Could
face two years in prison, if convicted. Nasrin went to Europe on 10 August
1994. Trial started in Dhaka on 10 December 1994 in Nasrin's absence, is
still in process as of June 2002 and is not expected to conclude for some
time yet. Her latest novel, Wild Wind, has been banned by the authorities
on the strength of its allegedly ‘anti-Islamic’ content. Wild Wind is the
sequel to My Girlhood, published in 1999, which was also banned in Bangladesh
for blasphemy. In 2001, however, her novel French Lover did appear in Bangladeshi
bookshops, the first to do so since Nasrin left the country. She remains
abroad. Honorary member of: Canadian, USA West, French, Swedish, Swiss German,
English, Austrian and American PEN.
Free on bail pending trial
*Saiful ISLAM, Omar ALI SANI, Babu: Journalists with Dainik Jugantor, Dainik
Ittefaq and Dainik Gono Jagaron respectively. Officially accused of extortion
in late 2002, but their arrest is believed to be linked to recent articles
in the national press about illegal tree-felling. According to reports, a
senior police officer is thought to have produced false evidence against
the journalists. Released on bail in response to pressure from journalists
in the district capital Barisal.
Shahriar KABIR
Profession: Eminent writer and journalist. Date of arrest: 22 November 2001
Details of arrest: Detained at Dhaka Zia International airport on 22 November
2001 by members of the Special Branch Police Force. He was returning from
Kolkata, India, where he had been interviewing Hindus who had recently fled
persecution in Bangladesh. An official statement issued by the Home Ministry
on 24 November 2001 claimed that Kabir was detained for possessing material
containing “…objectionable and misleading statements that are detrimental
to communal harmony and subversive of the state”, and “tarnishing the image
of Bangladesh and of the government in the outside world”. It is widely believed
that he was detained for writing articles, giving interviews and taking video
footage of Hindus who have fled Bangladesh following attacks against them
in the wake of the 1 October 2001 parliamentary elections. Details of trial:
Formally charged with treason on 8 December 2001, and his detention order
was extended by three months. On 12 January 2002 a High Court bench declared
the extension of Kabir’s detention order illegal and ordered his release.
However he continued to be held until a separate High Court bench ordered
his release on interim bail for six months pending his treason trial. Released
on bail from Dhaka Central Jail on 20 January 2002. Professional details:
Shahriar Kabir is a regular contributor to the national Bengali-language
daily Janakantha, author of several books about Bangladesh’s war for independence,
and a documentary film-maker. Other information: On 5 February 2002 Kabir
was apparently targeted in a bomb attack on Chittagong Press Club, where
he was attending a reception to celebrate his release on bail. He was unhurt,
although one bystander was killed and several others injured in the blast.
*Priscila RAJ: Freelance journalist and interpreter. Arrested in Rajbari
District on 25 November 2002. Arrest believed to be linked to her work with
the Channel 4 journalists Zaiba Malik and Bruno Sorrentino (see Saleem Samad).
Reported to be detained in Dhaka central prison on 2 December 2002. Released
on 22 December 2002 after having been granted bail by the High Court on 18
December, alleged to have confirmed earlier reports that she was tortured
in custody.
Sentenced, free pending appeal
Matiur Rahman CHOWDURY: Editor-in-chief of the daily Manabzamin. Reportedly
sentenced on 20 May 2002 to one month in jail for contempt of court. The
charge is related to the publication of a secret conversation between former
president Hussain Mohammed Ershad and Justice Mohammad Latifur Rahman, in
which Ershad had allegedly tried to obtain a favourable verdict in a case
in which he was involved. Chowdury is appealing the verdict.
Forced Exile
*Monjurul Azim PALASH: Publisher Linkbangla magazine. Reported by RSF in
early July 2002 to have been forced to flee Bangladesh for the UK following
threats. This followed the search of his newspaper’s offices and questioning
of his family. The reasons for the harassment are not known.
CHINA
Main cases
CHEN Yanbin (Yanlin)
Dob: c. 1967. Profession: Student, co-editor of Tielu (Iron Currents) Date
of Arrest: late 1990. Sentence: 15 years plus four years' deprivation of
political rights, reduced by 3 months in 1998. Expires: 12 June 2005
Details of arrest: Accused of "counter revolution" for his involvement in
the peaceful 'Chinese Revolutionary Democratic Front', in particular its
publication 'Iron Currents' which carried items on the Tiananmen Square crackdown.
Details of trial: Sentence passed 5 March 1991 Place of detention: Beijing
No 2 Prison Other details: Sentenced with Zhang Yafei (below) Honorary member
of: Finnish and German PEN Centres.
GAO Qinrong
Profession: Xinhua state news agency reporter. Date of arrest: 4 December
1998 Sentence: 13 years imprisonment Expires: 3 December 2011 Details of
trial: Convicted in a closed, one-day trial on 28 April 1999 on charges which
are believed to have included bribery, embezzlement and pimping. It is thought
that the charges against him are trumped-up, and that the real reason for
his arrest is a report he published alleging corruption in an irrigation
project set up in drought-plagued Yuncheng, Shanxi Province. No local officials
have been called to account in connection with these allegations, and Gao’s
imprisonment was kept secret until 14 March 2000, when CNN International
aired a story about his case. Place of detention: Qixian Prison, Shanxi Province.
Other information: On 8 September 2001 Gao sent a letter to the United Nations
High Commissioner for Human Rights Mary Robinson requesting her to intercede
with the Chinese government on his behalf. Honorary member of: PEN Canada.
GUO Qinghai
D.o.b.: 1965 Profession: Freelance writer and economist. Date of arrest:
September 2000 Sentence: 4 years’ imprisonment Expires: September 2004 Details
of arrest: Arrested on charges of “subverting state power” for publishing
articles and editorials on the Internet. The charges are believed to relate
to articles Guo wrote discussing the case of his friend Qi Yanchen, which
he published on foreign news sites. Qi Yanchen (see below) is serving a four-year
prison term for subversion for articles he published on the Internet. Details
of trial: Reportedly sentenced on 26 April 2001 to four years’ imprisonment
following a short closed trial. Place of detention: Cangxian Prison, Cangzhou,
Hebei Province, P.R.China. Honorary member of: PEN Canada.
GU Linna (f)
D.o.b.: 19 November 1961. Profession: Radio journalist and writer. Date of
arrest: 25 November 1999 Sentence: 4 years’ imprisonment. Expires: 24 November
2003 Details of arrest: Arrested in the city of Guangzhou, South China, after
participating in a press conference held by Falun Gong members on 28 October
1999. She was reportedly preparing another press conference at the time of
her arrest. Details of trial: She was charged under Article 300 of the Criminal
Code with ‘undermining the implementation of the law using an evil cultist
organisation’ and sentenced on 14 June 2000 to four years in prison. Reportedly
tried in secret under a “special arrangement” which violated legal procedures.
Her lawyer and family were not notified of her trial. Professional details:
Former journalist for the economic broadcasting station of the provincial
capital of Shijiazhuan and writer of short stories, essays and poems. Her
literary work reportedly focuses on the psychological impact of social reform
on Chinese women; her journalism covered with such topics as the fight against
poverty, the reforms of state enterprises, and ecology. Previous political
imprisonment/problems: Reportedly sacked from her job as a radio broadcaster
following a programme broadcast on 23 April 1999 entitled ‘The Way the Human
Soul Turns to Kindness’, in which she discussed her membership of Falun Gong
and summarized the meaning of her new faith. Detained in Beijing on 26 July
1999 and taken to Shijiazhunang for questioning about her involvement with
Falun Gong. She was reportedly placed under house arrest until 13 September
1999, when she was fined. Honorary member of: German, English, Canadian,
Canberra, Swiss-German and Perth PEN Centres.
HUANG Qi
D.o.b.: 1965. Profession: Internet publisher. Date of arrest: 3 June 2000.
Details of arrest: Reportedly arrested with his wife Zeng Li in the city
of Chengdu on 3 June 2000. Zeng Li was released on 6 June 2000, but on 21
August 2000 Huang was formally charged under Articles 103 and 105 of the
Criminal Code with “instigation to subvert state power”. Articles 103 and
105 of the Criminal Code punish actions that involve “organising national
separatism, destroying national unity”, “organising, plotting or carrying
out activities aimed at subverting state political power”, and “overthrowing
the socialist system”. The charge carries a maximum penalty of ten years
in prison. The indictment cited allegedly “subversive” material posted by
Huang on his Tianwang Web-site (www.6-4tianwang.com) between March and June
2000, including articles about the pro-democracy movement, the Xinjiang independence
movement and the banned spiritual group Falun Gong. Details of trial: He
was reportedly tried in secret on 14 August 2001 at the Chengdu Intermediate
Court, but as of December 2002 no verdict or sentence has been public. Place
of detention: Chengdu No.1 Detention Centre. Treatment in prison: Reportedly
ill-treated in prison. According to sources within China, on 25 September
2000 he was beaten in detention by three policemen. The beating reportedly
caused him the loss of one front tooth and a three-centimetre-long scar on
his head.
JIANG Qisheng:
D.o.b.: c.1948. Profession: Pro-democracy activist. Date of arrest: 18 May
1999. Sentence: 4 years’ imprisonment. Expires: 17 May 2003 Details of arrest:
Following his arrest a large group of police reportedly ransacked his home
and took away his writing materials, overseas Chinese magazines and his son’s
computer. A month before his arrest he had written and distributed an article
calling for a full investigation into the events surrounding 4 June 1989,
and calling on the Chinese people to light candles in memory of those killed
in the 1989 suppression of the pro-democracy movement. Details of trial:
Tried on 1 November 1999 on charges of “propagating and instigating subversion”
for writing and distributing an open letter to commemorate the tenth anniversary
of the June Fourth crackdown. The court was called into recess without reaching
a verdict following allegations by the Chinese authorities of media intrusion
into the court proceedings by the international press. A decision was due
to be made in mid-January 2000 on whether to hold a retrial or announce a
verdict, but the courts deliberated over the case until 27 December 2000
when Jiang was sentenced. Witnesses in the trial published an open letter
to the government after the verdict was announced alleging that some of the
evidence used to convict Jiang was fabricated. Place of detention: Beijing
Municipal Detention Centre Other information: Jiang Qisheng has frequently
published articles in the overseas Chinese magazine Beijing Spring. He has
reportedly been active in the dissident community in Beijing since 1989,
when he was studying for a doctorate at Beijing People’s University. On 17
May 2001, the UN Working Group on Arbitrary Detention announced Jiang’s imprisonment
as being in contravention of the UN Declaration on Human Rights. Previous
political imprisonment/problems: He was imprisoned for 17 months for his
involvement in the 1989 pro-democracy movement, and reportedly resumed his
dissident activities on his release. He has reportedly been briefly detained
on several occasions for his dissident activities. Honorary member of: English,
Norwegian and Australia North PEN.
JIANG Weiping
Profession: Former Dalian bureau chief for the Hong Kong-based newspaper
Wen Hui Bao and reporter for the state news agency Xinhua. Also a published
poet. Date of arrest: 4 December 2000 Sentence: 9 years’ imprisonment. Expires:
3 December 2009 Details of arrest: Reportedly arrested after publishing a
number of articles in the Hong Kong-based monthly magazine Qianshao (Frontline)
reporting on corruption scandals in north-eastern China. Jiang is said to
have written the Frontline articles between June and September 1999 under
various pen-names. His coverage exposed several major corruption scandals
involving high-level officials, two of whom were prosecuted. Charged in May
2001 with “revealing state secrets”, “instigating to overthrow state power”
and “illegally holding confidential documents”. Details of trial: He was
reportedly tried in secret at the Dalian Intermediate Court, Liaoning Province,
on 5 September 2001. He is believed to have been sentenced to nine years
in prison on 2 November 2001, although no verdict has been officially announced.
Other information: Recipient of CPJ 2001 International Press Freedom Award.
Has published two books of poetry. His wife Li Yanling was reportedly arrested
on 18 March 2002 after being called in for questioning by security officials
in Dalian, where the couple live. The reasons for her detention are unclear.
The couple have a young daughter, who is staying with relatives.
KANG Yuchun
D.o.b.: 1965. Profession: Former doctor. Date of Arrest: 29 May 1992 Sentence:
17 years in prison, reduced by a total of one year and seven months in 1998
and 1999. Expires: 28 October 2007. Details of Trial: Formally charged on
27 September 1994. Tried with 16 others (see Liu Jingsheng below) on accusation
of being members of counter-revolutionary organisations, most notably Chinese
Progressive Alliance - which opposes one-party rule, Liberal Democratic Party
of China and Free Labour Union of China which calls for increased workers'
rights. Among the charges against him was that he commissioned people to
write articles and set up Freedom Forum, the magazine of the Chinese Progressive
Alliance. Sentenced on 16 December 1994 to 12 years' imprisonment for "organising
and leading a counter-revolutionary group" and an additional 7 years in prison
for "counter-revolutionary propaganda", combined as 17 years. Sentence reduced
in 1988 and 1999 by a total of one year and seven months. He is now due for
release on 28 October 2007. Place of detention: Beijing No.2 Prison. Treatment
in prison: Said to have been ill-treated in prison. Health concerns: Reportedly
said to be in poor health, suffering from heart problems for which he has
allegedly been denied medical treatment. Honorary Member of: English and
German PEN.
LI Dawei
Profession: former police officer Date of Arrest: 14 April 2001 Sentence:
Eleven years. Expires: April 2112 Details of Arrest: detained in Tianshui
City on 14 April 2001 and formally arrested on 22 April. Details of trial:
Sentenced to 11 years’ imprisonment by the Intermediate Court in Tianshui
City, Gansu Province for ‘subverting state power.’ He was accused of having
downloaded around 500 articles from overseas Internet sites, printing them
out and compiling them into 50 volumes, which were never published. The contents
of the articles are not known. A court in Gansu has reportedly accepted requests
for an appeal made by Li’s lawyer, but has not yet set a date for the hearing.
Previous political activities: Li Dawei is a former policeman who has been
targeted previously for his political activities. In May 2000 he was accused
of “endangering national security” after he had written an open letter to
the Chinese leadership. Place of detention: Unclear. Treatment in Prison:
family not allowed to visit since May 2001 court hearing.
LIU Haofeng
D.o.b.: 1973 Profession: Freelance journalist and dissident. Date of arrest:
March 2001 Sentence: Three years’ RTL. Expires: March 2004 Details of arrest:
Secretly arrested in March 2001 in Shanghai whilst doing research for the
banned China Democracy Party (CDP). No information was released about his
whereabouts until late August 2001. Details of trial: Liu was reportedly
secretly sentenced on 16 May 2001 to three years’ Re-education Through Labour
on charges of “endangering national security”. He is thought to have been
charged for publishing pro-democracy articles on the China Democracy Party
Web-site, and for his membership of the CDP. He is specifically accused of
trying to form an illegal organisation, ‘The China Democracy Party Joint
Headquarters, Second Front’, and of publishing an essay on the Internet focussing
on the current situation of China’s peasants. He is said to be held in a
labour camp in Shanghai. Professional details: Liu previously worked as an
editor and reporter for various publications, including Jishu Jingji Yu Guanli
(Technology Economy and Management magazine), run by the Fujian Province
Economic and Trade Committee, and Zhongguo Shichang Jingji Bao (China Market
Economy News), run by the Central Party School in Beijing. He also worked
for Univillage, a research organisation created in December 1999 to promote
local democracy and rural development in China, and managed their Web-site.
LIU Jingsheng
D.o.b.: c.1950. Profession: Co-edited and distributed Tansuo (Explorations)
magazine in late 1970s with Wei Jingsheng and has been involved in peaceful
opposition activities. Date of Arrest: 28 May 1992. Sentence: 15 years in
prison, reduced by a total of one year and three months for “good behaviour”
in 2000 and 2001. Expires: 27 February 2006. Details of Trial: Tried with
16 others (see Kang Yuchun above) on accusation of being members of counter-revolutionary
organisations, most notably Chinese Progressive Alliance, Liberal Democratic
Party of China and Free Labour Union of China which calls for increased workers'
rights. Liu accused of having leading role in Liberal Party and in drafting
and disseminating documents concerning Preparatory Committee of Free Labour
Union. Also accused of distributing pro-democracy leaflets around 4 June
1992, and of involvement in production of journal Freedom Forum and a statement
on China's human rights situation. Allegedly wrote some of the leaflets,
printed more than 6,000 copies and prepared with others to disseminate them.
Trial began on 14 July 1994. Sentenced on 16 December 1994 to 8 years in
prison for leading a "counter-revolutionary group" and another 8 years in
prison for "counter-revolutionary propaganda". The sentences were combined
to make a total of 15 years in prison and four years' deprivation of political
rights. His sentence has been twice reduced in prison for “good behaviour”,
once in May 2000 and again in July 2001, by a total of one year and three
months. He is due to be released on 27 February 2006. Place of Detention:
Beijing Prison No.2 (also known as Yanqing Prison). Previous Political Imprisonment/Problems:
Detained with Wei Jingsheng from March to late 1979. Other Details: Married
with daughter. Recipient of 1998 PEN American Centre Freedom-to-Write Award.
Honorary Member of: English, Swedish, New Zealand, German, American and Netherlands
PEN.
LIU Weifang
Profession: Internet publisher. Date of arrest: October 2000 (exact date
unknown). Sentence: Three years’ imprisonment. Expires: October 2003 Details
of arrest: On 26 September 2000 security officials from the Ninth Agricultural
Brigade district raided Liu’s house, confiscated his computer, and announced
that he was being officially investigated. The exact date of his arrest is
not known, although his last on-line essay is dated 20 October 2001. Details
of trial: According to a 15 June 2001 report in the Xinjiang Daily, the Ninth
Agricultural Brigade district’s Intermediate People’s Court in the Xinjiang
Uighur Autonomous Region convicted him on subversion charges and sentenced
him to three years’ imprisonment. Liu reportedly published a number of essays
on the internet that were critical of China’s leaders and political system,
and considered by the Chinese authorities to be ‘a major threat to national
security’. The essays, which Liu signed either with his real name or the
initials ‘lgwf’, reportedly covered topics such as official corruption, development
policies in China’s western regions, and environmental issues. They are available
online at http://liuweifang.ipfox.com. Honorary member of: PEN Canada.
QI Yanchen
D.o.b.: 1964 Profession: Editor-in-chief of the online review Consultations
and contributor to the Hong Kong monthly Kaifang. Date of arrest: 2 September
1999 Sentence: Four years’ imprisonment Expires: 1 September 2003 Details
of arrest: Arrested at his home in Cangzhou, Hebei Province, North China,
on charges of ‘subversion’ and ‘distribution of anti-government views via
the Internet’. The charges stem from articles that Qi wrote under the pen-name
Ji Li for the November 1998 and January 1999 issues of Open magazine, articles
published in the 6 May 1999 and 17 May 1999 editions of the U.S.-based newsletter
VIP Reference, and for three articles written for the Kaifang review. He
was also accused of publishing large excerpts of his unfinished book China’s
Collapse on the Internet. Details of trial: Qi’s trial was held on 30 May
2000 at the Cangzhou People’s Court, Hebei Province, North China, and he
was sentenced on 19 September 2000. He was reportedly prevented from appealing
his conviction because his lawyer refused to pursue the case any further
and his family were unable to hire another lawyer. Place of detention: Cangxian
Prison, Cangzhou, Hebei Province, P.R.China. Treatment in prison: Qi is reportedly
denied family visits in prison. Other information: Married with two children.
Honorary member of: PEN Canada.
Tohti TUNYAZ (pen-name MUZART)
D.o.b.: 1 October 1959 Profession: Ethnic Uighur historian and writer. Date
of arrest: 1 April 1998 Sentence: 11 years imprisonment and two years’ deprivation
of political rights. Expires: 31 March 2009 Details of arrest: Reportedly
first arrested on 6 February 1998 in Urumchi, Xinjiang Uighur Autonomous
Region, whilst on a research trip. He was charged on 10 November 1998 with
“inciting national disunity” and “stealing state secrets for foreign persons”
(later amended by the Supreme Court to “illegally acquiring state secrets”).
Tohti Tunyaz was studying for a Ph.D in Uighur history and ethnic relations
at Tokyo University, Japan, at the time of his arrest, and the charges against
him are believed to be linked to his research, and specifically a book allegedly
published by Tohti in Japan in 1998 entitled The Inside Story of the Silk
Road, which according to the Chinese government advocates ethnic separation.
No such book appears to exist. Details of trial: He was reportedly convicted
on 10 March 1999 by the Urumqi Intermediate People’s Court and, following
an appeal, sentenced by the Supreme Court on 15 February 2000 to five years’
imprisonment for ‘stealing state secrets’ and seven years’ imprisonment for
‘inciting national disunity’, combined as eleven years’ imprisonment and
two years’ deprivation of political rights. Place of detention: Xinjiang
Uighur Autonomous Region Prison No.3, Urumqi. Professional details: Tohti
graduated from the history department of the Central Institute of Nationalities,
Beijing, in 1984 and was assigned to work for the China National Standing
Committee. During this time he reportedly formed a close relationship with
former Xinjiang governors Seyfudin Eziz and Ismail Emet, and was involved
in the translation of Eziz’s works. He started studying for his Ph.D at Tokyo
University in 1995, specialising in the history of Chinese policy toward
minority peoples in the 19th and 20th centuries. He was still completing
his studies at the time of his arrest. He has reportedly published several
papers on Uighur history in Japan, and has published a book on Uighur history
in 1995 in Beijing. Other information: Has a wife and children in Japan.
Tohti Tunyaz is from Bay County, Aksu prefecture, Xinjiang Province, North
West China. He adopted the name of the biggest river ‘Muzart’ in Bay County
as his pen-name. Recipient of 2002 PEN America/Barbara Goldsmith Freedom
to Write Award. Adopted by the UN Working Group on Arbitrary Detention on
17 May 2001. Honorary member of: English, Perth, Catalan, Japan, American,
Liechenstein and Canadian PEN.
WU Shishen
D.o.b.: c.1960. Profession: Editor for Xinhua news agency. Date of Arrest:
26 October 1992. Sentence: Life imprisonment. Details of Arrest: Accused
of giving foreign reporter an advance copy of General Secretary Jiang Zemin's
speech to 14th Party Congress. Said to have been paid 30,000 yuan (US$865)
by Hong Kong Express reporter. Details of Trial: Trial said to have been
in secret before Beijing Municipal Intermediate People's Court. Sentenced
in April 1993 to life imprisonment. Xinhua only announced the sentence on
30 August 1993. Said by Chinese press to have regularly sold secret documents
and to be `engineer of the crime and the principal culprit'. Place of Detention:
Beijing No.2 Prison. Honorary member of: Norwegian and Danish PEN.
YU Dongyue
D.o.b.: c. 1967. Profession: Art editor of Liuyang Daily. Date of Arrest:
22 May 1989. Sentence: 20 years imprisonment and five years' deprivation
of civil rights, commuted to eighteen years in September 2000. Expires: 21
May 2007 Details of Arrest: Arrested with two others for throwing paint-filled
eggs and ink at Mao's portrait in Tiananmen Square, Beijing. Had travelled
to Beijing on 19 May 1989, possibly as delegates of the Hunan Delegation
in Support of the Beijing Students. Also accused of taking part in pro-democracy
demonstrations in Hunan. Details of Trial: Charged on 11 July 1989 and sentenced
on 11 August 1989 by Beijing Intermediate Court to 20 years' imprisonment
and five years' deprivation of civil rights for 'counter-revolutionary propaganda,
sabotage and incitement'. Sentence reportedly reduced by two years in September
2000 because according to government officals “he has repented his crimes”.
Place of Detention: Ruanjiang Prison, Hunan. Health Concerns: He is reported
to be suffering extreme psychological disturbance as a result of treatment
in prison, and is said to have lost control of some bodily functions. Treatment
in Prison: Has reportedly refused to confess which is said to have resulted
in severe beatings by the prison authorities and imprisonment in 'strict
regime' unit in solitary confinement (reportedly held in tiny windowless
damp cell) for at least two years. Honorary Member of: Melbourne, Canadian
and Czech PEN.
XU Zerong
D.o.b.: 1956 Profession: Research professor at Zhongshan University, Guangzhou.
Date of arrest: 24 June 2000 Sentence: 13 years’ imprisonment. Expires: 23
June 2013 Details of arrest: Arrested in the city of Guangzhou, south China,
and formally charged on 25 July 2000 in connection with “the illegal publication
of books and periodicals...since 1993”. According to official sources, Xu
had confessed to his crimes. Details of trial: Sentenced in January 2002
by Shenzhen Intermediate Court to 13 years in prison, three years for ‘economic
crimes’ and ten years on charges of ‘leaking state secrets’, for allegedly
giving classified historical documents to overseas parties. It appears that
the first set of charges relate to the allegedly illegal publication of books
and periodicals and the sale of book authorisation numbers since 1993; the
second set of charges are thought to relate to his use of documents concerning
Chinese military operations in the Korean War (1950-53), gathered in the
course of his research. Xu is appealing his sentence. Professional details:
Xu’s research specialised in Chinese Communist Party history, military history
and China’s relations with Southeast Asia. He received his doctorate from
St. Anthony’s College, Oxford University, in 1999. His doctoral thesis covered
Chinese military intervention into the Korean War. In the 1980’s, Xu moved
to Hong Kong where he gained permanent residency. Whilst there he reportedly
set up a publishing house and was active in publishing the journal Chinese
Social Sciences Quarterly. He was also reportedly an assistant researcher
for the official Xinhua News Agency. At the time of his arrest, Xu held the
positions of Associate Research Professor at the Institute of Southeast Asian
Studies (Zhongshan University, Guangzhou) and Affiliated Professor of the
Provincial Guangzhou Academy of Social Sciences
Investigation Cases
*CHEN Shaowen: Internet essayist, reportedly detained in August 2002 on suspicion
of ‘using the Internet to subvert state power.’ Chen, who lives in Lianyuan,
Hunan Province, has written numerous essays and articles for various Chinese-language
websites on subjects including China’s unemployment problem, social inequalities
in the country, and flaws in its legal system. Chen’s case is said to be
under investigation, and it is not yet clear whether he has been formally
charged.
*LIAO Yiwu: Writer and poet. Arrested on 20 December 2002 by officers of
the public security ministry at his home in Chengdu in the southwest province
of Sichuan. Officials are yet to confirm the reason for his arrest, but it
is believed to be linked to articles posted on the internet concerning social
inequality. He was previously sentenced to four years’ imprisonment in 1990
for circulating a clandestine video on the 1989 democracy movement, and in
November 2002 was one of around 200 democracy activists who signed an open
letter to the Communist Party’s 16th Congress called for an official retraction
of their condemnation of the 1989 Tiananmen Square movement. At least four
other signatories have been arrested in recent weeks.
*LIU Di (f): Psychology student at Beijing University. Reportedly arrested
on 7 November 2002 for posting online essays critical of the Chinese government,
denouncing in particular the arrest of Huang Qi. Liu is reported to be held
incommunicado at an unknown location. Officials informed her family that
she was being investigated for ‘participating in an illegal organisation’
but no further explanation as to her whereabouts has been offered. Police
have also searched her home and confiscated notebooks, floppy disks and a
computer. Liu uses the pseudonym ‘Stainless Steel Mouse’ (bu xiu gang laoshu).
Released
CHEN Ziming: Former director of the Beijing Institute of Social and Economic
Science and publisher of banned 'Economics Weekly'. A leader of the June
1989 pro-democracy movement, he was first arrested in October 1989 as he
was trying to flee China for Hong Kong. After being convicted of ‘counter-revolution’,
he was released on medical parole on 14 May 1994, but was re-arrested in
June 1995 after signing a petition calling for an investigation into official
corruption and ordered to serve the remainder of his previous 13-year sentence.
Released on expiry of sentence on 10 October 2002, but remains under close
surveillance. Honorary Member of: Danish, English and German PEN Centres.
*WAN Yanhai: Internet publisher concerned with AIDS awareness. Arrested on
24 August 2002, reportedly on the charge of “revealing state secrets” for
having distributed an official report on the spread of HIV/AIDS in China
which had been classified as secret. Wan, a former employee of the Ministry
of Health, launched the AIDS Action Project (AAP) to raise awareness and
safeguard the rights of AIDS victims. As a result of the censoring of information
about AIDS by the Chinese authorities, Wan’s website had become one of the
only independent sources of information about the disease in China. Wan’s
work helped to expose an AIDS epidemic in Henan Province, when peasants developed
the disease after selling their blood to government-supported clinics. Wan
was released on 20 September 2002, after “confessing to his crimes and agreeing
to co-operate with police in the investigation” according to Xinhua, the
official Chinese news agency. The terms of his release are presently unknown,
but Wan told the Associated Press “nothing that has happened will affect
my work.”
XU Wenli: Writer, editor and human rights activist. Arrested on 1 December
1998 in connection with the unofficial China Democratic Party, of which he
is chairman, which had been seeking permission to become legally recognised.
Sentenced to 13 years’ imprisonment following a one-day trial held in Beijing
on 21 December 1998 on the charge of attempting to overthrow the state by
"secretly planning" to set up the unofficial Chinese Democratic Party (CDP).
Released on 24 December 2002 on medical parole. Travelled to the United States
upon his release. Professional details: Recipient of USA West PEN’s 2001
Freedom to Write Award and the Hellman/Hammett Award 2002. Honorary member
of: Melbourne PEN, USA West, English and French PEN Centres.
Case closed
Kasim SADIK: Ethnic Uighur writer and poet. Reportedly arrested in early
1998 in connection with some plays and poems which reportedly included political
messages and expressed nationalist sympathies. There has been no news of
him since his arrest. Case closed for lack of further information.
LU Xinhua: Internet publisher. Lu was reportedly detained on 11 March 2001
in Wuhan and formally charged on 20 April 2001 with subversion. Lu is believed
to be charged for writing articles reporting on rural unrest and official
corruption in China, which he published on overseas web-sites. His trial
began on 18 September 2001, although to date no verdict or sentence has been
made public. Case closed due to lack of information.
YANG Zilin, XU Wei, ZHANG HONGHAI and JIN Haike: Writer and web designer,
reporter for the newspaper Xiiaofei Ribao (Consumer Daily), free-lance writer
and geologist respectively. Reportedly charged with subversion on 20 April
2001. The four were actively involved with the group ‘Xin Qingnian Xuehui’
(‘New Youth Study Group’), an informal group of intellectuals who explored
topics related to political and social reform and circulated relevant articles
on the internet. Yang and Xu were reportedly detained separately on 13 March
2001. Xu is also thought to have been dismissed from his job on the orders
of the Public Security Bureau. Zhang and Jin are believed to have been taken
into custody in mid-March. Yang, the group’s leader, is reportedly well-known
in liberal academic circles for his internet expertise, and ran a website
entitled ‘Yangzi de Sixiang Jiayuan’ (‘Yang Zilin’s Garden of Ideas’), which
featured poems, essays and reports by various authors on a broad range of
issues. Authorities reportedly shut down the site after Yang’s arrest. Reportedly
tried on 28 September 2001 at the Beijing Number One Intermediate People’s
Court, but no verdict has yet been announced. Case closed due to lack of
information.
TIBET AUTONOMOUS REGION
Main cases
JAMPEL Changchup (Lay name: Yugyal)
D.o.b.: 1962 Profession: monk from Drepung Gonpa monastery. Date of Arrest:
13 September 1989. Sentence: 19 years in prison plus five years deprivation
of political rights Expires: 7 April 2008 Details of Arrest: He is
thought to have been detained unofficially on 8 April 1989, although his
official date of arrest is given as 13 September 1989. Details of Trial:
Sentenced on 30 January 1990 for being 'a main culprit' in 'printing leaflets
and forming counter-revolutionary organisations' and for 'spying for the
enemy'. Professional Details: Member of Drepung printing group (see
Phulchung below). Place of Detention: Drapchi prison, Lhasa. Health Concerns:
He is reported to be suffering from severe kidney problems and deteriorating
eye-sight. Honorary Member of: USA West, Canada and Sydney PEN.
JAMPEL Chunjor
Profession: Buddhist monk from Drepung monastery in Lhasa Date of Arrest:
1989 Sentence: 19 years in prison Expires: 2008 Details of Arrest: Accused
of taking part in a 'counter-revolutionary clique' and spying. Said to have
spread literature on Tibetan independence and tried to publish information
on killings of civilians by police in Lhasa in March 1989. Details of Trial:
Sentenced in mass rally on 30 November 1989. Place of Detention: Drapchi
prison, Lhasa. Previous Political Imprisonment/Problems: Had been arrested
on 27 September 1987 for taking part in pro-independence demonstration. Released
in January 1988 after signing 'confessions' for committing 'political crimes'
and acknowledging Chinese sovereignty over Tibet. Honorary member of: Sydney,
Danish and Canadian PEN Centres.
NGAWANG Gyaltsen (Lay name: Ngoegyan)
D.o.b.: c.1960 Profession: monk from Drepung Gonpa monastery. Date of Arrest:
16 April 1989. Sentence: 17 years in prison plus five years' deprivation
of political rights. Expires: 15 April 2006 Details of Arrest: Reported
to have been arrested while attempting to flee the country. Details of Trial:
Sentenced in November 1989 as 'accessory offender' for 'actively participating
in criminal activities, engaging in espionage, and illegally crossing the
national border' in connection with Drepung printing case (see Phulchung
below). Also reported that sentence is in connection with his trying to get
information on violence in Lhasa out of the country. Place of Detention:
Drapchi Prison, Lhasa. Previous Political Imprisonment/Problems: Had been
arrested on 27 September 1987 for taking part in pro-independence demonstration.
Released in January 1988 after signing 'confessions' for committing 'political
crimes' and acknowledging Chinese sovereignty over Tibet. Honorary Member
of: San Miguel, Sydney, Canada and English PEN.
NGAWANG Oeser (also spelt Ngawang Woeser; lay name: Jamyang)
D.o.b.: c.1974 Profession: Originally a farmer from Dranang county in Lhoka
region. Became a monk at Drepung Gonpa monastery in 1981. Date of Arrest:
16 April 1989. Sentence: 17 years in prison plus five years' deprivation
of political rights Expires: 15 April 2006 Details of Trial: Sentenced on
30 November 1989 for being a 'main culprit' in forming a 'counter-revolutionary
clique' and printing 'reactionary' documents which 'venomously slandered
the people's democratic dictatorship'. Was not provided with opportunity
to defend himself. Professional Details: Member of Drepung printing group
(see Phulchung). Place of Detention: Drapchi Prison, Lhasa. Treatment in
Prison: Has been forced to undergo "reform-throught-labour" and "re-education"
and reports indicate that his health has gradually deteriorated over the
years. Previous Detention: Previously held after being on of 21 initiators
of a Lhasa demonstration in 1987. He was interrogated, then released on 21
January 1988 but told he could not rejoin his monastery. However, he continued
with his political and monastic activities. Honorary member of: Scottish,
Canadian, Danish and Sydney PEN.
Ven NGAWANG Phulchung
D.o.b.: c.1958 Profession: senior monk from Drepung monastery near Lhasa.
Date of Arrest: 16 April 1989 Sentence: 19 years in prison plus nine years'
deprivation of political rights Expires: 15 April 2008 Details of Trial:
Sentenced at a mass rally in November 1989 for producing political leaflets
which 'venemously slandered the people's democratic dictatorship' and for
'spying for the enemy'. Place of Detention: Drapchi prison, Lhasa. Previous
Political Imprisonment/Problems: Publications of Drepung printing group included
a Tibetan translation of the Universal Declaration of Human Rights and a
Tibetan political manifesto, 'The Meaning of the Precious Democratic Constitution
of Tibet', calling for constitutional democracy. Singled out as the
leader of a group of monks who were secretly producing literature critical
of the Chinese govt in early 1988. Accused of setting up 'illegal separatist
movement' or 'counter-revolutionary clique' and of 'collecting information
and passing it on to the enemy, seriously undermining national security'.
Honorary Member of: English, American, Canada, Sydney and Austrian PEN.
Geshe SONAM Phuntsog
D.o.b.: 1951. Profession: Leading Buddhist monk, scholar and Tibetan language
and literature teacher. Date of arrest: 24 October 1999 Sentence: Five years’
imprisonment Expires: 23 October 2004 Details of arrest: Reportedly detained
on suspicion of having “clandestine contacts” with the Tibetan government-in-exile.
His arrest appears to be linked to the authorities’ concern over his influence
in the region and his apparent loyalty to the Dalai Lama. Thought to have
been held incommunicado for one year and four months until his sentence was
pronounced. Unofficial reports that he was released in early 2000 now appear
to be false. Details of trial: Reportedly sentenced to 5 years’ imprisonment
in March 2001 by the Kandze Tibet Autonomous Prefecture People’s Court. Believed
to have been accused of “inciting splittist activities among the masses”,
“travelling to India on an illegal document…[to seek] an audience with the
Dalai Lama…”, and “illegally” conducting religious ceremonies. Place of detention:
Now thought to be held in Chuandung Prison No.3, Tsangtung Village, Dartsedo
County, Kandze, Sichuan Province, although reports of his whereabouts have
varied. Treatment in detention: Said to be the only Tibetan prisoner in Tsangtung
prison, and to be denied family visits. Feared to be ill-treated in detention.
Health concerns: Reported to be in very poor health and to be denied adequate
medical care. Other information: Has published two books on Tibetan
history. A popular local figure, he was based in Kandze Dhargyeling monastery,
Sichuan province, and was regarded by the Chinese authorities as a threat
to the stability of the nation. His arrest in October 1999 sparked off major
demonstrations in Kandze.
INDIA
Killed: Investigation
*Ram Chander CHATERPATTI: 52 years old. Journalist and publication director
of the Sirsa-based Hindi-language newspaper Poora Sach. Died in a New Delhi
hospital on 21 November 2002 after being shot four times outside his home
in Sirsa on 24 October 2002 by an alleged member of the Dera Sacha Sauda
religious sect. The shooting was believed to have been linked to articles
written by Chaterpatti about alleged sexual abuses and other illegal activities
by members of the sect and its guru. He had been threatened on several occasions.
At least four members of the sect have so far been arrested in connection
with the murder.
Main Case
*Kumar BADAL: Profession: Journalist for the investigative website Tehelka.com.
Details of arrest: Badal was arrested on 3 July 2002, accused by the Criminal
Bureau of Investigation (CBI) of having hired poachers to kill leopards belonging
to a protected species in the northern state of Uttar Pradesh so he could
film the experience. Details of detention: Badal, who has claimed innocence
from the outset, continues to be held without trial. He is allegedly being
held in unhealthy conditions and has supposedly suffered mistreatment in
detention. He began a hunger strike on 5 August. Professional details: Tehelka.com
has experienced harassment from the authorities since it exposed a major
corruption scandal within the government in 2001. Aniruddha Bahal, an investigative
reporter for the website, was arrested by police on 7 August 2002 for ‘threatening’
a CBI officer, and the website’s offices were searched by the authorities
in June 2002.
Investigation Cases
Iftikhar Ali GEELANI (GILANI): New Delhi bureau chief for the Indian daily
Kashmir Times and correspondent for the Pakistani daily The Nation. Reportedly
arrested on 9 June 2002 by tax department officers and police, and then accused
of storing information about India’s military presence in Kashmir in his
laptop computer. Geelani claimed that the information originated from a 1997
United States State Department report and had been previously published in
the Indian daily The Hindu. The daily Hindustan Times reported that the journalist
admitted he worked for Pakistani intelligence, but this has been unconfirmed
by other sources. On 11 June 2002 he was charged under the Official Secrets
Act and police were granted a further five days to hold him for questioning.
Formally accused of military espionage on 7 September 2002 according to the
Official Secrets Act and Article 120-B of the Criminal Code, and of financial
irregularities and involvement in pornography in contravention of Article
292 of the Criminal Code. On 23 December 2002 a senior military officer testified
before the New Delhi Metropolitan Court that files found on the journalist’s
computer were ‘neither secrets nor a threat to national security.’ His trial
continues. Gilani has been held in Tihar Prison, New Delhi for the past six
months and has always claimed his innocence.
SIVASUBRAMANIAN: Reporter for the Tamil-language magazine Nakkeeran. Reportedly
abducted in the town of Salem, Tamil Nadu state, southern India, on 20 November
2001. Karnataka state police then announced that he had been arrested for
“suspicious trips” and because of “electronical gadgets” found in his possession.
He was initially said to be held under Articles 212 and 34 of the Indian
Penal Code, but was later reported to have been charged under the Arms Act,
which does not permit release on bail. He is accused of “supporting“ the
bandit Veerappan and “possessing illegal arms and explosives”. On 22 November
2001, the Special Task Force allegedly seized arms, munitions, explosives
and electronic equipment following the journalist’s confessions. However
it is feared that Sivasubramanian may have confessed under torture. He is
held by the Karnataka State Special Task Force, and nobody has been authorised
to visit him. Sivasubramanian is known for having been the first journalist
to interview the notorious Indian bandit Veerappan, who has managed to elude
the police for fifteen years. He has also played a major role in the negotiations
for the release of hostages held captive by Veerappan. Said to be closely
linked to Veerappan, which is though to be the reason for his arrest, although
it has also been suggested that the journalist’s arrest may be linked to
a series of articles about acts of violence, notably against women, allegedly
committed by the Special Task Force in their pursuit of Veerappan. Still
detained as of end June 2002.
Assassination Attempt
*Shahid RASHID: editor of the Urdu-language State Reporter. Shot in the neck
and arm on the morning of 10 July 2002 while on his motorbike in Srinagar.
Facing charges
Arundhati ROY: Novelist. Charged in late April 2001 with criminal contempt
and ordered to appear before the Supreme Court in connection with the Narmada
Dam controversy. The case reportedly stems from a controversial Supreme Court
ruling in October 2000 which allowed work to proceed on the dam. During a
demonstration last December against the court ruling, Roy allegedly called
the court ‘a sold institution’, and she and two other co-accused are said
to have made ‘vulgar slogans’ about the court and to have allegedly threatened
the lives of the lawyers who filed the case against them. Convicted of criminal
contempt by the Supreme Court on 6 March 2002 and sentenced to one day’s
imprisonment and a fine of $42. Honorary member of: PEN Canada.
In hiding
Vineet NARAIN: Founding editor of the New Delhi-based investigative journal
Kalchakra. In hiding after being summoned to the High Court of Jammu and
Kashmir to face contempt charges based on a 16 December 2000 article published
in Kalchakra in which Narain questioned the judgement of a Jammu and Kashmir
High Court judge in a dispute over land. Narain believes his life will be
put at risk if he is forced to defend this case in Kashmir, after a previous
case stemming from Narain’s reporting on a multi-million dollar bribery scandal.
Narain implicated a number of leading politicians in the scam, and also uncovered
ways in which militant groups in Kashmir received clandestine funds. He was
given special security protection from 1996-1998, when those involved the
case were being prosecuted. He therefore challenged the court’s jurisdiction
and attempted to have the case transferred from Kashmir to Delhi, where his
articles had been published, but the request was rejected. Still facing charges
as of end June 2002.
Attacked
*Sarayana KUMAR, RAJA, and Pakkiri SAMY: all reporters for the Tamil language
Dinamalar in Tamil Nadu, were among several employees beaten by unknown assailants
who entered the newspaper’s office on 30 July 2002. Kumar and Raja both required
hospital treatment. Five people have been arrested. The attack is thought
to be linked to the Dravida Kazhagam nationalist organisation.
*Ghulam Mohammed SOFI: Editor of the Urdu-language daily Srinagar Times.
Shot at by two young men on the evening of 17 September 2002. Sustained a
bullet injury to his right hand but was later discharged. The assailants
have not been identified. The attack on Mr. Sofi was one of several violent
incidents that occurred in the state as polling for legislative elections
began.
INDONESIA
Main Case
*Lesley McCULLOCH (f)
Date of Birth: 1960 Profession: Academic, writer, lecturer at the University
of Tasmania in Hobart until June 2002. She specialises in the Indonesian
province of Aceh. Date of Arrest: 11 September 2002. Sentence: Five months
Expires: 12 February 2003. Details of Arrest: Reportedly detained with American
former health worker Joy Lee Sadler and their Indonesian translator in the
Indonesian province of Aceh for questioning over photographs and other documents
said to be relating to the rebel Free Aceh Movement. Charged with carrying
out “activities incompatible with tourist visas”, which carries a sentence
of up to five years’ imprisonment but seemed likely to result in deportation.
However, according to reports on 19 September a spokesman for the Aceh police
expressed a desire to “make an example” of the two women and thus pursue
a custodial sentence. “The police will make strong efforts to intensively
investigate so this can become a lesson for foreigners who violate the law.”
Details of trial: The trial of the two women began on 25 November but was
postponed until 19 December, after the holiday of Idul Fitr. On 30 December
2002 the court sentenced McCulloch and Sadler to five and four months’ imprisonment
respectively for violation of visa regulations. Both women are reportedly
still considering whether to appeal the sentence, as are the prosecutors
who have demanded a more severe penalty. Place of Detention: The provincial
capital Banda Aceh. Treatment in Detention: British and US diplomats in Banda
Aceh were refused permission to speak to the detained women until 17 September
after the Indonesian authorities had turned down previous requests for access.
McCulloch has reportedly complained of mistreatment in detention, citing
the denial of contact with the British embassy, and claiming to have been
deprived of sleep, beaten and threatened with a knife. Joy Lee Sadler, who
is HIV positive, began a hunger strike on the day that the trial was postponed
and is said to be weakening rapidly. Lesley McCulloch is also reported to
be intending to start a hunger strike in protest at the treatment of Sadler.
Professional Details: Lesley McCulloch has written extensively on the conflict
in Aceh for the media, and was conducting research for a book on the province.
Attacked
*Udin LAMMATA: Journalist for the weekly SKM Pembela. Reportedly victim of
an arson attack on his house in the early hours of 9 October 2002. He was
awoken by the heat of the fire at around 3am, and after finding the front
of his house on fire successfully managed to extinguish the flames. He later
found two petrol cans, one burnt and another empty, at the scene. The attack
is believed to be linked to articles written by the journalist on corruption
and nepotism within the Tolitoli Administration.
*Anton Perdana, Rizal Ardiansyah: Journalists for the daily Equator and Radio
Volare respectively. Assaulted on 7 November 2002 at the Pontianak Regional
House of Representatives by several men thought to be linked to a Pontianak
Member of Parliament. The assault is believed to be connected to a news report
about corruption amongst Pontianak MPs.
MALAYSIA
Main Case
Hishamuddin RAIS
D.o.b.: 1951 Profession: Columnist with the news web-site Malaysiakini.com,
film-maker and opposition activist. Date of arrest: 10 April 2001. Sentence:
Two years’ detention. Expires: 9 April 2003 Details of arrest: One of seven
pro-reform activists arrested under the Internal Security Act (ISA), which
provides for detention without charge or trial. They were detained as they
were about to submit a “people’s memorandum” to Suhakam (the Human Rights
Commission of Malaysia) in Kuala Lumpur on 14 April 2001. The ten-point memorandum
reportedly included calls for press freedom, independence of the judiciary,
investigation into official corruption and the promotion of inter-racial
relationships. Three of the seven activists detained in April 2001 were also
sentenced with Rais under the ISA. Held incommunicado for two months for
interrogation by Special Branch police before being sentenced. Denied access
to a lawyer. There are fears of ill-treatment in detention. An Habeas Corpus
Application was reportedly filed on behalf of the detainees in 2001, and
on 6 September 2002 the Federal Court delivered its verdict, that there was
no evidence to support the claim that the defendants was in any way a threat
to national security, and that he should be released immediately. However,
the court was unable to order their release, as Section 8 of the ISA (under
which the detainees are held) is claimed to be outside of their jurisdiction.
Details of trial: Sentenced without trial under the ISA on 3 June 2001. The
Malaysian Minister for Home Affairs Abdullah Badawi signed the two-year detention
order. Place of detention: Kamunting detention camp. Health concerns: One
of six activists to have started a hunger strike on 10 April 2002 in protest
against their continued detention without trial. Said to be extremely weak
as a result of the hunger strike, and to be denied adequate medical attention.
Reported to have started refusing water on 25 April 2002. Said to have been
admitted to the prison hospital on 16 April 2002 and to have been put on
a drip. Treatment in prison: Since the hunger strike began family members,
lawyers and doctors of the detainees are said to have been denied access
to their clients.
Free: on bail
Irene FERNANDEZ (f):
D.o.b.: 1948. Profession: Director of Tenaganita, a women's rights organization.
Date of arrest: 18 March 1996 Details of arrest: Charged with "false reporting"
under Section 8a of the 1984 Printing Presses and Publications Act which
carries a maximum three-year sentence. Charges relate to a report she issued
in July 1995 entitled "Abuse, torture and Dehumanised Treatment of Migrant
Workers at Detention Camps". Govt accuses her of making false statements
in the report including the numbers of people interviewed, allegations of
strip-searching, poor sanitation, corruption and health problems. Details
of trial: Fernandez' trial began in June 1996 and is ongoing as of December
2002. It is the longest trial in Malaysian legal history. She is free on
bail and has reportedly able to travel abroad, although she has apply to
the authorities for her passport when she wishes to do so. Honorary member
of: Canberra PEN Centre.
Zulkifli SULONG: Editor of biweekly Harakah, the newspaper of the opposition
Pan-Malaysian Islamic Party (PAS). Reportedly arrested on 12 January 2000
and charged with sedition for publishing a statement criticising the government’s
handling of the sodomy trial of former Deputy Prime Minister Anwar Ibrahim.
The statement was published in the 2 August 1999 edition of Harakah. Sulong
was released on bail and his trial started in May 2000. He reportedly denies
the charges and proceedings were continuing as of June 2002. He faces up
to six months in prison if convicted. The newspaper’s owner was also arrested
and charged in the case. On 22 December 1999 the Ministry of Home Affairs
banned the sale of Harakah at news-stands, and on 24 December 1999 threatened
the newspaper with sanctions if sales of the newspaper were not limited to
party members only by 8 January 2000.
MALDIVES
House arrest
Mohamed NASHEED
Profession: Member of Parliament for Malé, former freelance journalist.
Date of arrest: 8 October 2001 Details of arrest: Arrested on 8 October 2001
and taken to Malé police station, where he was held mostly incommunicado.
Details of trial: Sentenced to two and a half years’ banishment on 8 November
2001 after a short trial. He was not allowed legal representation. He was
reportedly convicted of the theft of unspecified “Government Property”, though
it is thought that the charges may be politically motivated. Mohamed Nasheed
was a signatory to a petition handed over to the Minister of Home Affairs
on 28 February 2001 requesting permission to set up a political party, the
Maldivian Democratic Party. To date, the permission has not been granted.
At least one other parliamentarian was detained for several days in July
2001, reportedly because of his leading role in the formation of this party.
Previous political imprisonment/problems: Has been previously detained on
several occasions for his political activities. In 1996 he was sentenced
to two years’ imprisonment for his activities as a freelance journalist.
Unconfirmed reports suggest that Nasheed was released in August 2002. WiPC seeking confirmation.
MYANMAR (BURMA)
Main cases
AUNG Myint (aka Phya Pon Ni Loan Oo)
D.o.b.: Around 1945 Profession: Poet, journalist, and head of the information
department of the National League for Democracy (NLD) in Rangoon. Date of
arrest: 14 September 2000 Sentence: 21 years’ imprisonment Expires: 13 September
2021 Details of arrest: Arrested by members of Unit 14 of the Military Intelligence
Service. Details of trial: Sentenced on 20 December 2000 by a military court
for violation of the State Protection and Emergency Provision Acts. He is
accused of distributing information regarding repression of the NLD to international
press agencies and to Western diplomats based in Rangoon. The charges are
believed to relate to a press release written by Aung Myint and his assistant
Kyaw Sein Oo (see below) and distributed to international press agencies
and foreign embassies in Rangoon in September 2000 a few hours after NLD
leader Aung San Suu Kyi was arrested by security forces as she was trying
to leave Rangoon. Professional details: Aung Myint is reportedly a well-known
and respected poet in Burma. He wrote poetry on the daily life of the people,
and helped the NLD in his capacity as a poet. He started his career writing
satirical articles and poems for the official newspaper Botahtaung in the
1980’s. He wrote for the now-banned magazine Pay-ful-lwa (The Message) from
1983-1988, and in 1988 he became assistant editor for Cherry magazine until
his arrest in 1997. In 1999 he became head of the NLD’s information department
in Rangoon. He has reportedly recently written an article entitled ‘Where
are the freedom of movement and freedom of expression in the Golden Land?’
which was circulated underground amongst NLD members. Recipient of 2002 PEN
America/Barbara Goldsmith Freedom to Write award. Previous political imprisonment/problems:
Arrested in 1997 and sentenced to two years in prison for his activities
with the NLD. Reportedly sacked from Cherry magazine by the authorities and
prohibited from working for the magazine on his release. His name is reportedly
banned from all Burmese publications. Other information: His wife Ma Tha-bye
is said to be a well-known writer of romantic fiction and editor of Cherry
magazine. His daughter is said to be a successful writer and actress. Honorary
member of: English, Sydney, American, Canadian and Perth PEN Centres.
Ko AUNG Tun and U MYO Htun
D.o.b.: 1967 (Aung Tun). Date of arrest: February 1998 Sentence: 13 years
and 7 years in prison respectively. Expires: February 2011 and February 2005
respectively Details of arrest: At a 1 March 1998 press conference the SPDC
claimed Ko Aung Tun had been arrested for 'collaborating with terrorist groups'.
Opposition sources, however, state the real reason for his arrest as being
a book he had written on the history of the student movement in Myanmar.
U Myo Htun assisted Ko Aung Tun in writing the book, which the authorities
claim was 'distributed illegally'. Details of trial: According to an official
statement, Ko Aung Tun was sentenced to 3 years' imprisonment under the 1962
Printers and Publishers Registration Act, 7 years under the Unlawful Association
Act, and 7 years under the Emergency Provisions Act. Sentence thought to
be combined as 13 years. Place of detention: Ko Aung Tun held in Insein Prison.
U Myo Htun was reported in May 2002 to be held in Shwebo prison, Sagaing
Division, North of Mandalay. Treatment in prison: Both men are reportedly
being held incommunicado in solitary confinement and have reportedly been
subject to torture, including threats and severe beatings. Health concerns:
Both men are said to be in very poor health as a result of their ill-treatment
in prison. Ko Aung Tun is reportedly vomiting blood as a result of his beatings,
and is also said to be suffering from severe asthma and tuberculosis. There
is serious concern for the safety of both men. Previous political imprisonment/problems:
Ko Aung Tun was active in the student-led 1988 pro-democracy movement, and
was reportedly previously imprisoned from 1990-94. Other information: Aung
Tun is a recipient of the 1999 Hellman/Hammett grants. Honorary members of:
Norwegian, Canberra and Canadian PEN Centres.
KHIN Zaw Win (aka Kelvin)
Profession: Dentist, interpreter, former speech and report-writer for UNICEF
and student Date of Arrest: 4 July 1994 Sentence: 15 years Expires:
3 July 2009 Details of arrest: Arrested at Yangon airport as he prepared
to leave for Singapore. Accused of carrying documents relating to the Burmese
opposition movement. Also contact with other dissidents, Daw San San Nwe,
U Khin Maung Swe and U Sein Hla Oo (see below). The group is said to have
made contact with foreign diplomats and journalists and sent "news comments
against or critical of the government" to them (see San San Nwe). Details
of trial: 6 October 1994, sentenced to 15 years imprisonment by a civil court
at Insein Prison for offences under the Emergency Provisions Act (spreading
false news), the Unlawful Associations Act (membership or contact with illegal
organisations) and the Official Secrets Act (possession of secret official
information). Also accused of having made arrangements to send "fabricated
news" to UN Special Rapporteur Yozo Yokota. Professional details: Usually
resident in Singapore at time of arrest where he was due to start a Masters
degree in Public Policy. Was visiting Burma, his country of origin, as part
of his research. Place of detention: Myitkyina Prison, Kachin State Treatment
in Prison: Reportedly among a group of political prisoners ill-treated following
the discovery of a protest letter addressed to the UN in November 1995. Also
said to have been refused family visits since May 2002. Honorary member of:
English PEN.
KYAW Sein Oo
Profession: Assistant to the head of the information department of the National
League for Democracy (NLD). Date of arrest: 14 September 2000 Sentence: Seven
years’ imprisonment. Expires: 13 September 2007 Details of arrest: Accused
with Aung Myint (see above) of distributing information regarding the repression
of the NLD to international press agencies and to Western diplomats based
in Rangoon. The charges are believed to relate to a press release written
by Aung Myint and his assistant Kyaw Sein Oo and distributed to international
press agencies and foreign embassies in Rangoon in September 2000 a few hours
after NLD leader Aung San Suu Kyi was arrested by security forces as she
was trying to leave Rangoon. Details of trial: Kyaw Sein Oo was sentenced
under the Printers and Publishers Registration Act.
U OHN Kyaing (AUNG Wint)
Profession: MP, translator and former editor Date of Arrest: 6 September
1990 Sentence: 7 years hard labour and an additional 7 years' imprisonment
Expires: 5 September 2004 Details of Arrest: Had accused the army of brutally
breaking up monks' and students' demonstrations in Mandalay in August 1990.
Details of Trial: Sentenced to seven years' hard labour on 17 October 1990.
Professional Details: Ex-editor of Bohtataung Daily (retired in 1988
to become member of NLD Central Committee), also a translator of English-language
newspapers into Burmese, and NLD MP for Mandalay SE Place of Detention:
Taungoo Prison. Treatment in Prison: In mid-1991 he was sentenced to an additional
7 years imprisonment under the 1950 Emergency Provisions Article, for involvement
in drafting a leaflet for the NLD entitled "The three paths to power". Other
information: His family were reported in May 2002 to be in severe financial
need and poor health.
U SEIN Hla Oo
D.o.b.: 1938 Profession: Journalist with the daily Botahtaung and well-known
short story writer. MP-elect for National League for Democracy. Date of Arrest:
5 August 1994 Sentence: Sentenced to 7 years in prison. Sentence reported
to have been extended to 14 years whilst in prison. Expires: 4 August 2008.
Details of Trial: Reported on 23 August 1994 to have been formally charged
with criticising the Burmese govt, contacting banned opposition groups and
'fabricating' anti-govt reports. Also accused of exchanging information with
a member of armed opposition group. Sentenced on 6 October 1994 to seven
years in prison for spreading information injurious to the state. In 1999
his sentence was reported to have been extended to 14 years for reasons unclear
to WiPC. Place of detention: Myitkyina Prison Treatment in Prison: Reportedly
suffering from heart disease and is believed to be receiving treatment at
the prison hospital. Also said to have been operated on in June 2001 for
a slipped disc. He has reportedly been denied visits from his wife since
February 2002. Previous Political Imprisonment/Problems: Previously imprisoned
from 1990 to 1992. Honorary member of: English PEN Centre.
WIN Tin
D.o.b.: 12 March 1930 Profession: Former editor of the daily Hanthawati,
secretary of the executive council of the National League for Democracy,
and vice-president of the Burmese Writers' Association. Date of Arrest: 4
July 1989 Sentences: Total of 20 years' in prison with hard labour Expires:
3 July 2009 Details of Arrest: Accused of 'harbouring an offender for
whom a warrant had been issued', allegedly for sheltering a girl who had
had an illegal abortion, but the true reason is thought to be his opposition
activities. Also accused of incitement to violence, contact with insurgent
organisations, obtaining financial assistance from a foreign embassy and
obtaining weapons. Details of Trial: Sentenced in October 1989 to 3 years
with hard labour. In June 1992 sentenced to an additional 11 years under
the 1950 Emergency Provisions Act. Unclear what this is for, but it is thought
to be linked to his opposition activities. Sentence said to have been reduced
to 10 years in January 1993 amnesty. On 28 March 1996 he was among 21 prisoners
to be tried inside Insein Prison and given additional sentences under Section
5J of the Emergency Provisions Act for circulating the petition, distributing
a clandestine magazine and possessing radio sets. He was given an additional
7-year sentence (NB: the UN stated 5 years, but the transcipt of the trial
states 7 years). His cumulative sentences will thus not expire until July
2009. Professional Details: Was active in pro-democracy demonstrations of
1988 and said to be key adviser to Aung San Suu Kyi and to have been one
of those who encouraged her to enter politics. Authorities alleged he was
linked to Communist Party of Burma. During 1988's events was vicechairman
of the 'Sarpay Thamagga' ('Writers' Association'). Recipient of the World
Association of Newspapers (WAN) 2001 Golden Pen of Freedom award, and the
2001 United Nations Educational, Scientific and Cultural Organisation (UNESCO)/Guillermo
Cano World Press Freedom Prize. Place of detention: Insein prison. Health
Concerns: Suffers from spondylitis, an inflammation of the vertebrae, diabetes
and high blood pressure. Has also lost several teeth and requires dental
treatment. Is dependent on his family for medicine and meat, which he needs
for his medical condition. In March 2002 he was reportedly being treated
in Yangon General Hospital, where he had been operated on for a hernia. His
condition is reportedly stable, although it is feared that his return to
prison in May 2002 could endanger his life. Returned to Rangoon General Hospital
on 27 July 2002 and again on 23 November 2002 for treatment for a heart ailment.
Treatment in Prison: Reported that in November 1995 Win Tin was among a number
of prisoners ill-treated after they smuggled letters out to the UN protesting
at prison conditions. Honorary Member of: Hong Kong (English) and Japan PEN
centres.
Brief Detention
*THAW THAW Myo Han: Telecommunications student at Rangoon’s University of
Technology. Contributes to the magazines Sa-be-byu, Han-thit and Atwe-amyin.
Thaw Thaw Myo Han and two of his fellow students were arrested by the military
police on 17 August 2002 and allegedly interrogated in connection with ‘illegal
publications.’ When questioned about the reasons for the arrest, the authorities
refused to make any statement. The students were released unharmed on 23
August 2002. Thaw Thaw was also taken into police custody in July 2002 for
publishing a journal without official authorisation.
Released
TIN Maung Win, aka Lay Ko Tin: Author. Reportedly arrested at his home in
late September 2002. Reason for arrest unknown, but allegedly linked to the
possession of publications by opposition groups. Held at an unknown location
without charge. Released on 9 October 2002.
NEPAL
Killed: Investigation
*Nawaraj SHARMA ‘BASANT’
Profession: Editor of the independent Karnali Sandesh (Karnali’s Message)
magazine. President of the local branch of the Federation of Nepali Journalists.
Date of killing: According to reports, his mutilated body was found near
the village of Suna in Karnali province on 13 August 2002. He had been killed
by a bullet to the chest. His limbs had been cut off and his eyes removed.
His murderers were reportedly Maoist rebels, who had abducted him on 1 June
2002. He had previously been kidnapped in February 2002 by a Maoist group
and held for three months before being released in May. Upon his release
he was questioned by the security forces, who suspected him of being a Maoist
spy.
*Ambika TIMSINA: Journalist. Had worked for the pro-Maoist weeklies Janadesh
and Mahima but surrendered to security forces following the declaration of
a state of emergency in November 2001. He had been granted an amnesty, however,
and wanted to continue working in the region. Timsina’s body was found on
12 December 2002 near the village of Pathari in the southeastern province
of Koshi, a day after eight masked men had kidnapped him from his home. He
had been shot and beaten. The killers are believed to have been Maoists who
suspected him of being an informer for the security forces.
In hiding
Demling LAMA: Correspondent for Radio Nepal and the national Nepali-language
daily Himalaya Times. Abducted on 5 April 2002 by armed Maoist rebels, who
broke into his home in Sindhupalchok whilst he was sleeping. The reasons
for his abduction are unclear, although both Radio Nepal and the Himalaya
Times are said to generally support the government. Lama managed to escape
on 9 April 2002 and has gone into hiding. He claimed to have been badly beaten
by his captors.
Investigation
*Keshav BHATTARI: Reporter for the fortnightly publication Ghatana Times
in Taplejung and a member of the Federation of Nepalese Journalists. Arrested
on 22 August 2002 and imprisoned on 29 August. The reason for his arrest
has not been disclosed, but he is said to have been imprisoned under the
2001 Terrorism and Destructive Activities Act.
*Dinesh CHAUDHARI: Reporter for Space-Time Dainik in Jajarkot. Arrested on
13 November 2002 on charges of sedition. WiPC seeking further details.
*Enamul Huque CHOWDHURY: Senior correspondent for the official news agency
Bangladesh Sangbad Sangstha and stringer for the British news agency Reuters.
Arrested on 13 December 2002 for reporting that bomb attacks on 7 December
2002 in the northern town of Mymensingh may have been the work of Al-Qaeda
terrorists. The report quoted the Interior Minister as speculating as to
the cause of the attack, but the minister later denied having made a statement
to that effect. Reuters later withdrew the report. Chowdhury faces up to
two years’ imprisonment if found guilty of ‘issuing false or malicious information
against the government’.
*Partha CHETTRI, Maheshwar DAHAL, Aditi SHAH (f): journalists. Arrested in
New Delhi, India on 11 July 2002 and subsequently deported, along with Moti
Prasad, a student, to Nepal on 14 July. They are reportedly being held at
Bhadragol jail in Kathmandu, and are said to be in good health. The journalists
are said to work for the New Delhi based Nepali Awaj (Voice of the Nepalese).
Dahal is also said to have worked for the pro-Maoist Janadesh prior to the
state of emergency in Nepal. The four had been attending a meeting of the
Akhil Bharatiya Nepali Ekta Samaj (India-Nepal People’s Solidarity Organisation)
along with other Indian human rights activists. The public meeting was held
to discuss the ongoing Maoist “People’s War” in Nepal. Both Indian and Nepali
security services view the ABNES to be sympathetic to the Communist Party
of Nepal.
*Dhana Bahadur GURUNG: journalist for the now banned pro-Maoist Janadesh
and secretary of the Federation of Nepalese Journalists Kathmandu section.
Arrested by plainclothes security officers at his office on 19 July 2002.
His whereabouts are unknown.
Atindra NEUPANE and Sangita KHADKA (f): Journalists for the daily Janadisha
and the weekly Jana Ahwhan respectively. Reportedly arrested with Krishna
Sen (see ‘Killing, investigation’ above) at a house in the suburbs of Kathmandu
on 20 May 2002 for their suspected involvement in the Maoist movement. Neupane
and Khadka are said to be known for their pro-Maoist articles, and according
to the security forces are members of the Nepalese Communist Party (Maoist).
Still detained as of end June 2002. Sangita Khadka is said to be in need
of urgent medical treatment as a result of ill-treatment in detention. She
is said to be held at the New Baneshwor Police post in Kathmandu. The whereabouts
of Atindra Neupane are unknown.
Om SHARMA, Khil Bahadur BHANDARI: Editor of the Janadisha Daily and executive
editor of the Janadesh Weekly respectively. Reportedly arrested with Govinda
Acharya on 26 November 2001 under the Terrorist and Disruptive Activities
(Prevention and Control) Ordinance 2001, which had been announced by the
government that day. It is feared that the reason behind their arrest might
be the fact that the government sees the publications they work for as mouthpieces
of the CPN (Maoist). They were reportedly held at an unknown location for
at least a month before being transferred to Bhadragol Jail in Kathmandu
in late December 2001. Thought to have been transferred again on 9 April
2002 to the Hanumandhoka District Police Office. The Supreme Court was due
to hear their case on 22 April 2002, although exact details of charges against
them are not known and no information has been public about the progress
of their case. Still detained as of end December 2002 although Acharya was
released from Kathmandu’s Central Prison on 16 December 2002. Peace talks
aimed at ending the CPN (Maoist)'s five-year "people's war" and an accompanying
cease-fire broke down on 23 November 2001.
Sudarsan Raj PANDEY: Editor and publisher of Utthan weekly and Terai Today
daily. Reportedly arrested on 26 March 2002 whilst covering a story in the
Bhaktapur region (Kathmandu valley). Still held incommunicado as of end June
2002.
House arrest
*Chandra Prakash BANIYA: Advisor for the newspaper Myagdi Sandesh. The District
Administration Office issued a house arrest order against Baniya under the
Terrorism and Destruction Act of 2001, believed to be linked to an article
written by him published on 17 September 2002 said to inspire Maoists to
carry out terrorist activities.
Brief detention
*Bishnu GHIMIRE: editor of the weekly Jana Prahar. Detained for 24 hours
at the Lalitpur police station on 4 August 2002 on charges of publishing
“malicious and defamatory news reports” for a report on ownership of a local
restaurant. Arrested with Kishor Shrestha – see below.
*Harihar Singh RATHOR: Reporter for the daily Kantipur. Arrested at his home
in Dailekh by Royal Nepalese Army personnel during the weekend of 9 to 10
November 2002, and released after 11 hours. Security sources claimed to have
taken Rathor into custody to enquire about an explosion that occurred near
his home.
*Hari Prasad REGMI: Reporter for the weeklies Sanghu and Jana Bhabana. Reportedly
arrested on 6 August 2002 in Kalanki, Kathmandu and held for 54 hours at
Balaju Army Barracks, blindfolded and handcuffed. Released into his wife’s
custody.
*Kishor SHRESHTHA: Editor of Jana Aastha Weekly. Reportedly detained on 29
January 2002 and interrogated for 24 hours before being released on 30 January
2002. Again detained for 24 hours at the Lalitpur police station on 4 August
2002 on charges of publishing “malicious and defamatory news reports” for
a report on ownership of a local restaurant. The accusation is thought to
be in reprisal for Shreshtha’s newspaper’s reports on the alleged death in
custody of Krishna Sen (see above. Also see Bishnu Ghimire above).
Death threat
*Tanka PANTA and Dipak RIJAL: Journalists for the daily Nepal Samacharparta,
received threatening phone calls on 20 September 2002 from a person claiming
to be associated with the underground Communist Party of Nepal. He threatened
to ‘physically eliminate’ the reporters if they continued to write critically
about his party. The CPN denied any involvement in the incident.
Attacked
*Deepak PANDEY: Journalist with Space-Time Publications. Allegedly assaulted
by plainclothes police officer Sukadev Neupane on 7 October 2002 while reporting
at the site of a timber fire at around 9pm near Kamalpokhari, Kathmandu.
He was then taken into a police van, where the beating continued.
*Rekhraj DAHAL: Reporter for the daily Prateek and a member of the Federation
of Nepalese Journalists. Attacked by Communist Party of Nepal rebels on 8
November 2002 after travelling to Sindhuli District to observe the Tihar
festival. Was released after being severely tortured for eight hours.
Free on bail
P.B.DIYALI: Assistant editor of the Blast Times. Had reportedly held under
preventative detention for 140 days in the eastern district of Sunsari on
suspicion of having links with the CPN (Maoist). Released on bail on 27 April
2002.
*Tikaram RAI: Editor of the daily Aparanha. Arrested on 12 November 2002
under the Public Offence Act following the publication of a story on 9 November
concerning corruption in the Nepalese police department and implicating the
senior superintendent of police, Basanta Kuwar. Rai is reportedly being held
at Kathmandu’s Hanuman Dhoka District Police Office. Released on the afternoon
of 14 November 2002 on Rs 500 bail. Upon his release he stated that he would
file a petition against the government’s decision to detain him under the
Public Offence Act. His case remains pending.
Conditional Release
Bijay Raj ACHARYA: Publisher of the magazine Srijanashil Prakashan (Creative
Publications), which specialises in children’s literature and political works.
Reportedly arrested at his home in Kathmandu on 9 January 2002 by a joint
team of army and police officers, who searched his house and confiscated
all his books. He is believed to have been arrested for allegedly publishing
pro-Maoist literature, which he denies. He was reportedly first taken to
Singha Durbar police station in Kathmandu and then moved on the following
day to Balaju Army Barracks where he was reportedly tortured. After two days
he was transferred to Hanuman Dhoka police station, where he has permitted
family visits. Released on 19 March 2002, conditional on his reporting to
the police once a week. Claims to have been subjected to electric shock torture.
Filed a compensation case against the authorities of Nepal for ‘illegal detention’
on 28 November 2002 under the Act Relating to Torture and Compensation.
Released
*Govinda ACHARYA: Editor of the Janadesh Weekly. Reportedly arrested on 26
November 2001 under the Terrorist and Disruptive Activities (Prevention and
Control) Ordinance 2001, which had been announced by the government that
day. Arrested with Om Sharma and Khil Bahadur Bhandari. Released from Kathmandu’s
Central Prison on 16 December 2002.
*Dhan Bahadur MAGAR: Journalist for the weekly Janadesh. Reportedly seized
by Maoist rebels from a bus while travelling in Jaluke, mid-western Nepal
on 1 August 2002. Released 5 November 2002. Filed a compensation case against
the authorities of Nepal for ‘illegal detention’ on 28 November 2002 under
the Act Relating to Torture and Compensation.
*Meena SHARMA TIWARI: Editor of Ekybaddata (Solidarity). Reportedly arrested
on 24 May 2002 with assistant editor Binod Tiwari. The authorities reportedly
consider Ekyabaddata to be critical of the government and supportive of the
Communist Party of Nepal (CPN) (Maoist). Tiwari was released on 5 September
2002 (see below). Sharma was released on 5 November 2002. Filed a compensation
case against the authorities of Nepal for ‘illegal detention’ on 28 November
2002 under the Act Relating to Torture and Compensation.
*Binod TIWARI: Arrested on 29 May 2002 by security forces personnel at the
offices of Ekyabadatha (Solidarity), where he worked as an assistant editor.
Reportedly held in custody by the Sorah Khutte Police Station in Thamel,
Kathmandu. Released on 5 September 2002. Filed a compensation case against
the authorities of Nepal for ‘illegal detention’ on 28 November 2002 under
the Act Relating to Torture and Compensation.
Deepak SAPKOTA, Ishwor Chandra GYAWALI, and Manarishi DHITAL: Reporter for
the Janadesh Weekly, executive editor of the Dishabodh Monthly, and reporter
for the Dishabodh Monthly respectively. Reportedly arrested on 26 November
2001 under the Terrorist and Disruptive Activities (Prevention and Control)
Ordinance 2001 with Om Sharma, Govinda Acharya, Khil Bahadur Bhandari. They
were reportedly held at an unknown location for at least a month before being
transferred to Bhadragol Jail in Kathmandu in late December 2001, where they
were said to have been allowed regular family visits. Thought to have been
transferred again on 9 April 2002 to the Hanumandhoka District Police Office.
The Supreme Court was due to hear their case on 22 April 2002, although exact
details of charges against them were not known and no information was made
public about the progress of their case. Released on 5 November 2002 from
Kathmandu Central Prison. Filed compensation cases against the authorities
of Nepal for ‘illegal detention’ on 28 November 2002 under the Act Relating
to Torture and Compensation.
PAKISTAN
Killing: further information
Daniel PEARL: South Asia bureau chief for the Wall Street Journal. Based
in Bombay. Abducted in Karachi on 23 January 2002 by a previously unknown
group. Last seen after being dropped off by a taxi at the Metropole Hotel
in Karachi, where he was due to interview the head of an Islamist militant
organisation called ‘Tanzeem-ul-Fuqra’. A previously unknown group calling
itself ‘The National Movement for the Restoration of Pakistani Sovereignty’
issued a statement by e-mail to news organisations on 27 January 2002 claiming
responsibility for abducting Pearl and accused him of working for the U.S.
Central Intelligence Agency. Both the Wall Street Journal and the C.I.A.
have denied that Pearl had any connection with the C.I.A. The kidnappers
also protested the conditions of detainees being held by the U.S. Army in
Guantanamo Bay, Cuba, and called on the U.S. to send all Pakistani detainees
in Cuba back to Pakistan for trial. They also demanded the release of Taliban’s
former ambassador to Pakistan, who is being held by the U.S military. On
21 February 2002 a videotape was received which reportedly contained scenes
showing Daniel Pearl’s murder by the kidnappers. The tape appeared to be
genuine. Pakistani police have charged British-born militant Ahmed Omar Saeed
Sheikh of masterminding the kidnapping. Three other defendants; Salman Saqib,
Fahad Naseem and Sheikh Mohammed Adeel, were allegedly involved in contacting
news organisations to announce Pearl’s abduction. On 14 March a US Grand
Jury indicted Saeed on the charge of hostage-taking, but Pakistan has so
far resisted requests for his extradition. The trial began in earnest on
23 April 2002 before a special anti-terrorism court at Karachi’s Central
Jail, and on 16 July Saeed was sentenced to death by hanging. His fellow
defendants were given 25-year sentences. Saeed has appealed against the sentence,
and will remain in prison awaiting the decision.
Killing: investigation
*Shahid SOOMRO: Journalist for the Hyderabad-based Sindhi-language daily
Kawish, shot dead in front of his house in Kandhkot on 20 October 2002 around
midnight. He was shot in the abdomen after having attempted to resist abduction
by five men, and died on his way to hospital. Soomro, 26, is believed to
have been killed in revenge for his reporting of the October 2002 election
campaign. His coverage of the campaign had allegedly angered the newly-elected
member of the Provinical Assembly for Kandhkot, Mir Mehboob Bijarani, and
had allegedly caused him to receive numerous death threats prior to his murder.
Free on bail
Muhammad ZAMAN, Shahid CHAUDRY, Shakil TAHIRKHELI, and Raja HAROON
Profession: Editor, managing editor, news editor and sub-editor respectively
of the Urdu-language daily Mohasib. Date of arrest: 4 June 2001 Details of
arrest: On 4 June 2001 all four men were placed in “protective custody”,
reportedly to protect them against violent protestors, following the 29 May
2001 publication of an article in Mohasib entitled ‘The Beard and Islam’
by well-known poet and author Jamil Yousaf. The article reportedly contested
the view of certain Muslim clerics that a beardless man cannot be a good
Muslim. The article is also said to have alleged corruption amongst certain
local religious leaders. Local authorities closed Mohasib’s offices
and banned the paper from publishing indefinitely. On 8 June 2001, following
protests by several Islamic organisations, the four journalists were formally
arrested and charged under articles 295A and C of the Blasphemy Law, which
carries a mandatory death sentence. An arrest warrant has also been issued
for Yousaf, who has gone into hiding. On 14 June 2001, the Ministry of Religious
Affairs announced that although the article could “injure religious sentiments”,
it was not blasphemous. In early July, following the provincial Law Department’s
review of the case, the inspector general of police in Northwest Frontier
Province recommended that the case be dropped and the journalists released.
All four journalists were released on bail on 18 July 2001. Trial ongoing
as of end June 2002. Treatment in prison: All four men were reportedly mistreated
during the first week of their detention.
Judicial concern
Rehmat Shah AFRIDI
Profession: Editor-in-chief of the Peshawar-based English language daily
The Frontier Post and its Urdu sister-paper Maidan. Date of arrest: 2 April
1999 Sentence: Death Details of arrest: Reportedly arrested on drugs charges,
after Anti-Narcotics Force (ANF) officers allegedly found 21 kilograms of
hashish in his car. He denies the charges and his colleagues believe his
arrest to be politically motivated. Shortly before his arrest, Afridi had
reportedly published two articles accusing officers of involvement in drug
smuggling. Afridi claims he is the victim of an ANF set-up. Details of trial:
On 27 June 2001 Special Judge Syed Kazim Shamsi of the Anti Narcotics Court
ruled in favour of a death sentence and a 1,000,000 Rs fine against him.
The prosecution reportedly failed to produce any compelling evidence against
him. Afridi has filed an appeal against the sentence with the Lahore High
Court, although due to the slow pace of Pakistan’s judicial system Afridi’s
lawyers don’t expect his appeal to be heard for another two years. Place
of detention: Lahore Prison. Treatment in prison: Claimed to be mistreated
in prison in August 1999. Other information: Father of Mahmood Afridi (see
below), managing editor of The Frontier Post charged in January 2001 with
blasphemy.
On trial
Aftab AHMED, Imtiaz HUSSAIN, Munawwar MOHSIN, Qazi Ghulam SARWAR, Mahmood
AFRIDI, and Syed Javed NAZIR: News editor, chief reporter, sub-editor, feature
writer , managing editor, and co-editor respectively with the English-language
daily The Frontier Post. On 29 January 2001 the English-language newspaper
The Frontier Post published a letter to the editor entitled “Why Muslims
Hate Jews”, which included derogatory references to Islam’s Prophet Muhammad.
The letter had been sent to the editor from an unidentified author by email.
The letter contained material described by both the district administration
in Peshawar and Mahmood Afridi, the newspaper’s managing editor, as “blasphemous”.
On the evening of 29 January 2001 the district administration in Peshawar
ordered the indefinite closure of the Frontier Post and its’ Urdu sister
paper Maidan, and issued arrest warrants on charges of blasphemy for the
six journalists listed above. Ahmed, Hussain, Mohsin and Sarwar were arrested
on the evening of 29 January 2001 in Peshawar. Mahmood Afridi and Syed Javed
Nazir were not in Peshawar at the time of the arrests, and remain free. All
six are charged under section 295C of the Pakistan Penal code, which carries
a mandatory death sentence. On 30 January 2001 Mahmood Afridi published an
unequivocal public apology for the incident, alleging that the letter’s publication
was part of a conspiracy. Imtiaz Hussain and Qazi Ghulam Sarwar were released
on bail on 15 February 2001, and Aftab Ahmed on 13 March 2001. Munawwar Mohsin
remains detained as of end June 2002. The paper’s editor-in-chief, also the
father of Mahmood Afridi, Rehmat Shah Afridi (see ‘Judicial concern’ above),
has been ordered to appear before the court in this case but the Punjab provincial
government, who have detained Afridi since April 1999 in a separate case,
is reluctant to bring him to Peshawar for “security reasons”. The blasphemy
case is therefore unable to move forward, which is said to be putting extreme
strain on the six defendants, particularly Munawwar Mohsin who remains detained.
The Frontier Post has been targeted for some time for its investigative journalism.
Brief detention
*Hanif DAWAMI, Aqeel NAJMI: editors of Morning Special and Evening Special
respectively. Arrested on 17 July 2002 following raids on their offices and
the one-month forced closure of their newspapers. Accused of publishing obscene
photographs and using vulgar language despite repeated government warnings.
*Muzaffar EJAZ: managing editor of the Urdu-language Jasarat, Karachi. Arrested
on 16 July 2002 by the Inter-Service Intelligence agency and held for several
hours. He claims to have been threatened against continuing to publish articles
criticising President Musharaff. The attach followed an article in Jasarat
that commented on a decision to merge different factions of the Pakistan
Muslim League prior to the elections. Prior to his arrest, Ejaz had publicly
complained of receiving death threats linked to the article.
Harassed
*Shaheen SEHBAI: Editor of the South Asia Tribune and former editor of the
daily The News. Fled Pakistan in March 2002 for the United States following
harassment by the authorities and launched the South Asia Tribune in July
2002. Since leaving Pakistan Sehbai and his relatives have continued to be
the victim of attacks. An army employee filed a complaint against him for
‘robbery’ and two of his relatives have been arrested. On 2 November 2002
the Pakistani government issued a warning urging the media not to use or
to quote from reports published by the South Asia Tribune. If they do so,
they risk prosecution under defamation laws brought in on 1 October 2002.
Released
*Zahoor ASARI, Ayub KHOSO: Publication and editorial writer, respectively,
of the Sindhi daily newspaper Alakh. Sentenced in absentia to 17 years’ imprisonment
and a fine of Rs 17,000 (approximately US $289) under Sections 295-A PPC
and 8(b)(D) of the 1997 Anti –Terrorism Law on 25 November 1999 for allegedly
writing and publishing a blasphemous column in their newspaper. Khoso later
surrendered to the court, while Ansari was directed to appear before the
trial court for a fresh trial. The journalists’ lawyers have argued that
the offence had no connection to the objectives of the 1997 Act, and claimed
that the prosecution had failed to prove the case beyond a shadow of a doubt.
Khoso’s counsel also claimed that his client’s conviction in absentia was
illegal. On 21 October 2002 it is reported that a division bench of the Sindh
High Court had set aside the convictions of the two journalists and sent
the case back to the original court for retrial. The journalists were reportedly
granted bail of Rs200,000 (approximately $3,396) each. They were released
on 24 October 2002 following a decision taken by the Hyderabad High Court
quashing their convictions. The complaint against Khoso, however, still stands
and he is scheduled to appear in court on 25 November for the first hearing
of his new trial. WiPC seeking further details.
PAPUA NEW GUINEA
Attacked and threatened
*Kevin PAMBA: Columnist for the National and a lecturer in journalism. Reportedly
assaulted and verbally abused by police following the publication of his
report on the eviction of settlers from Madang at the end of November 2002,
which was accused of being ‘defamatory. Released upon intervention of the
squad’s commander.
*Robyn SELA (f): Investigative reporter for the Papua New Guinea Post Courier.
Attacked on 4 October 2002 at Murray Barracks, Port Moresby by a soldier,
who shook her and allegedly said ‘If you continue [to write stories about
Mr. Punangi], if we find you somewhere we will shoot you’. The attack is
thought to be linked to her recent investigations into the activities of
Department of Defence Secretary Fred Punangi, who has been suspended pending
investigation as a result of her work. PNG’s Defence Forces are holding the
officer in question pending court martial.
PHILIPPINES
Killing: new information
Edgar DAMALERIO: Reporter for the DXKP public radio station and editor of
the publication Zambaonga Scribe in Pagadian, Western Mindanao Island. Damalerio
was reportedly killed on 13 May 2002 as he was driving home from work in
a jeep with two colleagues. According to police information he was shot at
point-blank range by two unidentified individuals on a motorcycle who managed
to escape. It is thought that Damalerio’s death may be connected to his numerous
articles about corruption in political and police circles in the region.
On the night of 10 August 2002 Juvy Lobitaña, one of the witnesses
to Damalerio’s murder, was killed in an ambush in Tukuran, Zamboanga del
Sur Province, in the southern Philippines. Edgar Amoro, another witness to
the murder, has been receiving death threats since Damalerio’s death. On
26 August 2002 an attempt was made to kidnap Rosalie Ungue, the wife of one
of the key witnesses to the murder. She was approached by two armed and masked
men in front of a store in Dumalinao and attempted to force her on to a motorcycle
after having asked if she was indeed the wife of Edgar Ungue. They abandoned
their attempt after she fainted
Killing: investigation
*Sonny ALCANTARA: Editor of the bi-monthly magazine Kokus and presenter of
a political affairs programme called ‘Quo Vadis San Pablo’. Shot in the head
and killed on the morning of 22 August 2002 as he was leaving his home in
San Pablo City. Those close to the victim said that he had felt under threat
because of articles criticising the city’s former mayor Vicente Amante. He
had reportedly received death threats in the weeks leading up to his murder.
Brief detention, harassed
*Edmund SESOTO, Carl VANZALES: News bureau chief and correspondent for the
Visayas Daily Courier in Bacolod City, Negros Oriental respectively. Sesoto
was reportedly abducted from his home in Dumaguete City, Negros Occidental
on 23 October 2002 by a group of military officers and local officials in
Canlaon City. He was reportedly told that he was to attend a press conference,
but was instead taken to see the mayor of Canlaon City, Judith Cardenas,
who was displeased by negative reports in the Visayas Daily Courier. He was
released a day later. Vanzales allegedly suffered harassment at the hands
of military officers and a rebel returnee on 13 October 2002
SOUTH KOREA
Sentenced, suspended
SONG Hak-sam
D.o.b.: 1945. Profession: New York-based publisher. Date of arrest: 26 February
2001 Sentence: Two-and-a-half-years’ imprisonment, suspended for three years.
Details of arrest: Reportedly arrested by the National Intelligence Service
on 26 February 2001 when he visited South Korea to testify as a witness in
the trial of a Korean publisher, also known as Song. Song Hak-sam was detained
under the National Security Law (even though he is a U.S. citizen) for helping
a local publishing company print and distribute a book considered sympathetic
to North Korea. The book, Kim Jong-il’s Military Strategy, written by a pro-North
Korean writer based in Japan known only as ‘Kim’, is said to praise North
Korean leader Kim Jong-il and, according to the prosecution, “...contains
stories praising the North Korean military, while denying the legitimacy
of the Republic of Korea”. Song Hak-sam reportedly agreed to cover part of
the printing costs, and allegedly agreed to act as a publishing agent for
the book in South Korea. He reportedly visited Pyongyang in October 2000
and met with two North Korean officials to discuss ways of publishing the
book in the South. Details of trial: Song Hak-sam was sentenced to two-and-a-half
years in prison under the National Security Law, suspended for three years,
on 19 July 2001.
SUH Jun-sik
Date of Birth: 25 May 1948. Profession: Director of the Sarangbang human
rights group and editor of its daily publication, and author of four books.
Date of Arrest: 4 November 1997 Sentence: One-year suspended sentence. Details
of arrest: Arrested at his home by fifteen police officers who confiscated
videotapes of films shown at a recent film festival, Sarangbang's publications,
books, including those authored by Suh and one by poet Park No-hae, and computer
diskettes. Initially taken to Mapo police station for interrogation.
In late November 1997, he was formally charged with violating the National
Security Law and the Security Surveillance Law in connection with the Human
Rights film festival he had organised for Sarangbang at Hong-ik University
in October 1997. The charges are believed to relate specifically to the screening
of the film Red Hunt at the Sarangbang film festival without the approval
of government censors. Red Hunt is reportedly a documentary that details
government collusion in 1948 massacre of suspected pro-communist sympathisers
on Cheju island, off South Korea. Details of trial: Released on bail 5 February
1998. Tried in September 1999 and found guilty of violating the Security
Surveillance Law and put on probation. The terms of his probation involved
being under the close surveillance of the law enforcement agencies and having
to give regular reports to the police about his daily activities. Suh has
been campaigning for the abolition of the Security Surveillance Law on the
grounds that it is a violation of basic human liberties. On 23 November 2000
the prosecution reportedly again sought the imposition of a five-year prison
sentence against Suh, for violating the terms of his probation; he was sentenced
on 6 February 2001 to one year in prison, suspended for two years. He remains
under surveillance. Professional details: Suh is one of South Korea's best
known human rights advocates. He has had several articles published
in such prominent journalist as Hankyoreh Daily and Mahl monthly magazine.
His books include three collections of letter from jail: Sandstorm in the
Soul, Not Fearing the Despair of Dawn and Hope Arising Amid Agony. Previous
political imprisonment/problems: Was previously imprisoned from 1971 to 1988
when he was regarded by AI as a Prisoner of Conscience.
Investigation
LEE Chang-gi, PARK Joon-young and BAEK Oon-jong: Editor-in-chief and reporters
respectively for the magazine Jajuminbo. Reportedly arrested in Seoul on
23 October 2001 by the South Korean secret service (NIS). The magazine’s
offices were also raided immediately after the arrests, and security forces
confiscated computers, cameras and books. All three men are said to be accused
of violating the National Security Law by “praising” North Korea in articles
published in the magazine and available on the Internet site www.jajuminbo.com.
Jajuminbo is a far-left magazine which frequently publishes articles about
and interviews with North Korean personalities. The magazine is said to openly
support the Pyongyang regime and the dialogue between North and South Korea.
Jajuminbo’s staff are reportedly mostly students who work on a voluntary
basis for the magazine. Still detained as of end December 2002. WiPC seeking
an update.
SRI LANKA
Attacked
*Nishanta KUMARA: Journalist for the daily Ravaya newspaper. Reportedly attacked
on a bus by three men on 10 July 2002. He was threatened with a knife, and
one of them asked him if he was the ‘human rights dog’ that was trying to
send his brother-in-law to prison. The journalist has filed two complaints,
but no investigations have been launched. His harassment is believed to be
linked to an article in Ravaya on a 39-year-old woman who was allegedly tortured
by police while being held for questioning at Wariyapola police station.
*Wijitha RANAWEERA, Roshan GARUSINGHA: Correspondents for Dinamina and Lakbima
respectively. Severely assaulted by thugs on 3 December 2002 while covering
the Wallavaya Tiyarama Palatha Corporative Election. Both were admitted to
hospital. It is believed that the attacks had been planned in order to disrupt
the election process.
*P.SATHSIVANAMDAM: Reporter for the Tamil daily Weerakesaree and correspondent
for the BBC Tamil service. Reportedly attacked on 26 June 2002 by an unidentified
group after filing a report for the BBC on Tamil-Muslim clashes in the area.
Harassed
*Paul HARRIS: Journalist for the British newspaper the Daily Telegraph and
correspondent for Jane’s Intelligence Review. Forced to leave Sri Lanka on
8 November 2002 following the denial of his request for a visa renewal by
the Sri Lankan authorities. Harris had worked in Sri Lanka since November
2001 and had routinely applied for an annual visa renewal on 30 September
2002. The government failed to respond to his request and has since refused
to provide an explanation. Harris believes that he was being targeted for
his critical reporting of peace negotiations between the government and Tamil
Tiger separatists. He was asked to speak before opposition members of parliament
in May 2002, and was subsequently accused of espionage by a government minister.
He was also the subject of a government investigation, and was intimidated
and harassed by armed men in the week leading up to his departure.
Case closed
Victor IVAN: Editor of the Sinhalese-language newspaper Ravaya. Currently
facing four separate criminal defamation charges, one dating back to 1996,
all of which concern articles in the Ravaya newspaper. In the latest case,
he was charged with criminal defamation on 11 May 2001 in a case brought
by High Court Judge Upali Abeyratna. The case is concerning a series of allegations
published in Ravaya newspaper alleging the professional misconduct of Judge
Abeyratna and another magistrate. An inquiry into the newspaper’s allegations
carried out by the Judicial Services Commission found against Mr Abeyratna
and ordered sanctions against him. However, in spite of this Mr Abeyratna
has been promoted to the High Court. Case closed due to lack of information.
THAILAND
Sentenced: free pending appeal
*Chaisiri Samuddhavanij: Journalist for the Manager Daily newspaper. Sentenced
to three months’ imprisonment on 8 August 2002 after losing a defamation
case filed by former foreign minister Surin Pitsuwan. Charges were filed
following the publication of an article in January 2000 which claimed that
Pitsuwan was involved in attacks by Myanmar dissident groups in 1999 and
2000. Samuddhavanji will reportedly be free on bail until his appeal has
been heard.
TONGA
Facing trial
Mateni TAPUELUELU and Laucala POHIVA (f): Editor and reporter respectively
of Taimi ‘o Tonga (Times of Tonga), the country’s only independent newspaper.
Reportedly charged on 4 March 2002 in connection with a report about the
alleged wealth of King Taufa’ahau Tupou IV. The report was based on a letter
detailing US$350 million said to be held by the king in offshore bank accounts.
The letter was later claimed to be a forgery by government sources. Tapueluelu
was charged with criminal defamation, and Pohiva with knowingly handling
a forged letter. The Times of Tonga, published in New Zealand, is regarded
by the Tongan authorities as being aligned with the pro-democracy movement,
and has been under pressure from the government since 1996. Tapueluelu was
previously charged with criminal defamation on 6 February 2001.
VIETNAM
Main cases
NGUYEN Dinh Huy
D.o.b.: 2/1/32. Profession: Former newspaper editor and leading figure in
pro-democracy organisation, Movement for National Unity and Building Democracy.
Date of Arrest: 17 November 1993 Sentence: 15 years in prison Expires: 16
November 2008 Details of Arrest: Reported to have been detained around 17
November 1993 for planning an 'illegal' meeting. The meeting, entitled
an 'international conference for development in Vietnam', was due to have
been held on 27 November 1993 with guests from US. Was arrested a week after
US Secretary of State's visit in August 1993. Details of Trial: Tried, and
sentenced to 15 years in prison on 11/12 August 1995. Health concerns: Reported
by his wife in November 1997 to be in poor health and suffering from Parkinsons'
disease, exacerbated by daily forced labour in the fields. In January 1999
Huy's wife reported his health to be fair. Previous Political Imprisonment/Problems:
Nguyen was held for 17 years in re-education camp and founded the Movement
six months after his release in 1992. Was activist in Dai Viet party
before 1975. Place of Detention: Z30A labour camp, Xuan Loc, Dong Nai province.
Other details: Recipient of 1997 Hellmann/Hammett award for free expression.
Honorary member of: Polish, English, Perth, Suisse Romande, Slovak and French
PEN.
LE Chi Quang
D.o.b: 1970 Profession: Attorney and dissident writer. Date of arrest: 21
February 2002 Sentence: Four years’ imprisonment and three years’ house arrest.
Expires: February 2009. Details of arrest: Reportedly arrested on 21 February
2002 at an Internet Café. Charged with “communicating with overseas
elements” via the Internet for an essay ‘Beware of Imperialist China’ he
wrote in October 2001 which reportedly first disclosed numerous details in
the land and sea border treaties which were signed in 1999 and 2000 respectively.
He has been an outspoken critic of the border agreements. Details of trial:
In August 2002 officials reportedly informed Quang’s mother that her
son would soon be tried under Article 88 of the Criminal Code, which bans
the distribution of information that opposes the government. His trial was
scheduled for 28 October 2002 but was postponed until further notice on the
grounds that the judges ‘needed more time to prepare.’ His trial finally
took place on 8 November 2002 in a closed court, with only his family allowed
to attend. His lawyer was forbidden from presenting a case in his defence.
Details of sentence: He was sentenced to four years’ imprisonment and three
years’ house arrest for the ‘dissemination of propaganda against the Socialist
Republic of Vietnam’ under Article 88 of the Vietnamese Criminal Code. Place
of detention: Transferred from B14 labour camp in Ha Dong province, northern
Vietnam to Sao Do prison in Nam Ha, Phu Ly Province on 20 December 2002.
Mother allowed to visit. Health: Said to be in poor health, suffering from
a serious kidney problem. According to reports of 19 November 2002 Le Chi
Quang is at risk of death if he continues to be denied the appropriate medical
treatment. Other: Recipient of the Hellman/Hammett Award 2002. Honorary member:
Canadian PEN, PEN USA West.
LE Dinh Nhan (religious name: Thich HUYEN Quang)
D.o.b.: 1917 Profession: Acting Head of the Institute For The Propagation
Of The Dharma, Unified Buddhist Church of Vietnam (UBCV), An Quang Pagoda
(Saigon). Date of Arrest: 29 December 1994 Details of Arrest: Arrested for
publishing an open letter criticising government policy on freedom of speech
and religious expression. Held under "temple arrest" until around mid-1995
when moved to an isolated area in Quangai. He is said to be held incommunicado
in a house surrounded by guards. Professional Details: Author of renowned
books on Buddhism and Oriental philosophy for the last thirty years. Said
to be one of the most respected religious leaders of the Vietnamese Buddhists
and People. Health Concerns: Sources indicate that his life has been in great
danger due to poor health and lack of medical treatment. Reported in August
1999 to be in desperate need of medical care. Previous Political Imprisonment/Problems:
Had been detained under house arrest since 1982 for alleged "anti-government
activities". Thought to relate to his public appeals for religious freedom
and official recognition of the UBCV. Other: UN Working Group on Arbitrary
Detentions deems the imprisonment as “arbitrary” and in denial of the UN
Declaration on Human Rights in its decision 17 May 2001. Honorary Member
of: English, French, Danish, Slovak and Sydney PEN.
NGUYEN Van Ly
D.o.b.: 1946 Profession: Priest, scholar and essayist. Date of arrest: 17
May 2001 Sentence: 15 years’ imprisonment and five years’ probationary detention.
Expires: 16 May 2014 Details of arrest: Detained for publishing a written
testimony ‘Violations of Human Rights in Vietnam’ on the Internet. Also wrote
to a United States Congressional committee in March 2001 urging the lawmakers
not to ratify a bilateral trade agreement until Hanoi eased restrictions
on religious freedoms. Details of trial: Convicted on 19 October 2001
at Hue People’s Court on charges of undermining national unity and violating
a previous house arrest order. Professional details: Former secretary to
the Bishop of Hue and professor at the Christian Seminary in Hue. Author
of a 600-page book of essays Nguyet Bieu An Truyen, which was published in
the U.S.A in 2001 and reportedly includes poetry – including prison writings
– and short stories. Place of detention: Ba Sao Nam Ha Labour Camp, Phu Ly
District, Ha Nam Province. Previous imprisonment/political problems: Previously
detained in labour camps from 1977-1978 and from 1983-1992 for peacefully
exercising his right to free expression and freedom of religion. Since his
release he has been kept under strict police surveillance. Honorary Member:
Slovak PEN
*NGUYEN Vu Binh
D.o.b: 1969. Profession: Writer and leading member of the Democracy Club
for Vietnam. Date of arrest: 21 July 2002, re-arrested 25 September 2002.
Sentence: Not yet sentenced. Details of Arrest: Arrested by police on 21
July 2002 at his home in Hanoi following a search of his home and seizure
of books and other materials. He was allegedly held in solitary confinement
until mid-August before being put under house arrest and close surveillance
by the police, to whom he had to report daily. Background to arrest: On 16
July 2002 Binh and 16 other writers, relatives of detainees and retired government
officials wrote an open letter to the government calling for political reform
and the release of political prisoners. His re-arrest on 25 September is
thought to be linked to the online publication of one of his critical essays,
‘Some Thoughts on the China-Vietnam Border Agreement.’ Details of trial:
Not held. Professional details: Binh is a former journalist who worked for
10 years for Tap Chi Cong (Journal of Communism), the official publication
of the Communist Party of Vietnam. In January 2001 he left his post to form
the independent Liberal Democratic Party. He has since written several articles
calling for political reform and criticising government policy. He was briefly
detained in September 2001. He had been under increased surveillance since
April 2002. Place of Detention: Thought to be held in Prison B14, Thanh Tri.
Other: Recipient of the Hellman/Hammett Award 2002
PHAM Hong Son
D.o.b: 1967 Profession: Medical doctor and dissident writer. Date of arrest:
27 March 2002. Details of arrest: Reportedly arrested on charges of espionage
after police searched his home, confiscated his computer and several documents
and subjected him to four days’ interrogation. Prior to arrest, Pham had
reportedly written several essays promoting democracy and human rights, all
of which had been published on Vietnamese-language web-sites. According to
an official statement, his work was considered to be “anti-state and anti-Vietnam
Communist Party”. Supporters say that he is accused for an article entitled
“What is Democracy” published on the website of the US embassy in Vietnam
that Pham translated into Vietnamese. Information of October 2002 states
that Pham’s sentence remains unknown. WiPC seeking details. Place of detention:
Prison B14, Thanh Liet Village, Thanh Tri District, Hanoi. Prison conditions:
said to be denied the right to see his wife and two sons.
Under house arrest
*BUI Minh Quoc
Profession: Journalist and dissident. Date of arrest: 12 January 2002. Details
of arrest: Detained on 8 January 2002 at the Thanh Tri train station, Hanoi,
where he had gone for a meeting with a group of dissidents. He was questioned
by police for three days, who also confiscated documents deemed by the authorities
to be “reactionary”. Placed under formal house arrest in Dalat, southern
Vietnam, on 12 January 2002 on charges of “possessing anti-government literature”,
including his own writings. It is thought that his arrest may be connected
to a recent investigation he led concerning territorial concessions granted
to Beijing by the Hanoi government in the northern regions of Vietnam bordering
with China. Bui Minh Quoc had spent over a month in provinces in north Vietnam
collecting testimonies. Under the terms of his house arrest he is forbidden
from leaving his neighbourhood and cannot meet with anyone without official
authorisation. His telephone line has been cut, his home is under police
guard and his family members are also under surveillance. Previous political
imprisonment/problems: Bui Minh Quoc was previously placed under house arrest
from April 1997-December 1999 for campaigning for greater press freedom.
Honorary member: Canadian PEN
DANG Phuc Tue (religious name: Thich QUANG Do)
D.o.b.: 1928 Profession: Buddhist monk, writer, scholar, and Secretary General
of the outlawed Institute For The Propagation Of The Dharma, United Buddhist
Church of Vietnam (UBCV). Date of arrest: 1 June 2001. Sentence: 2 years
3 months’ house arrest. Expires: September 2003. Details of arrest: Police
raided his monastery in Ho Chi Minh City on 31 May 2001 and issued a house
arrest order of twenty-seven months dated from 1 June 2001. He was detained
because he announced his intent to travel to Quang Ngai to escort Thich Huyen
Quang (see above) to Saigon for medical treatment. His detention came shortly
before the U.S. Congress was due to ratify a key trade pact with Vietnam.
Place of detention: Thanh Minh Zen monastery, Ho Chi Minh city. Health concerns:
Suffers from diabetes and high blood pressure. Not allowed to leave the monastery
to receive medical treatment. Previous political imprisonment/problems: Thich
Quang Do has spent most of the last twenty years in detention or under residential
surveillance because of his campaign for religious freedom and free expression.
Imprisoned from April 1972-December 1978. From 1982-1992 he was placed under
house arrest in Thai Binh province. Re-arrested in 1992 for protesting the
ban of the UBCV. On 4 January 1994 he was arrested again for writing a petition
to the Vietnamese Communist Party leaders, and sentenced to five years’ imprisonment.
Released on 31 August 1998, and placed under residential surveillance in
Thanh Minh Zen monastery, Ho Chi Minh City. Other: On 21 September 2001,
the UN Working Group on Arbitrary Detention announced Thich Quang Do’s house
arrest imprisonment as being in contravention of the UN Declaration on Human
Rights. Recipient of the Hellman/Hammett Award 2002
TRAN Van Khue: Writer and scholar. Reportedly detained on or around 10 March
2002 following a police search of his home. His detention is believed to
be linked to an open letter Tran Khue sent to Chinese President Jiang Zemin
during Jiang’s visit to Vietnam in late February. The letter, which was distributed
over the Internet, protested recent border accords between the two countries.
On 8 March 2002 seven police officers reportedly searched Tran Khue’s home
in Ho Chi Minh City and confiscated his computer equipment and several documents.
On 10 March 2002, Tran Khue sent a message via mobile phone to a friend indicating
he was in danger. Since then all means of communication with him have been
cut, and there is serious concern for his safety. His is currently thought
to be under house arrest (October 2002). Tran Khue has been under tight surveillance
since September 2001, when he and other dissidents tried to register the
‘National Association to Fight Corruption’. Professional details: Former
professor of Vietnamese and Chinese literature and a prolific writer. Founded
the Centre for South-East Asian Culture in 1996. Other: Recipient of the
Hellman/Hammett Award 2002.
Nguyen XUAN Tu (pen-name: HA Si Phu)
Profession: Biologist, dissident and writer. Date of arrest: 9 February 2001
Details of arrest: Reportedly placed under formal house arrest for “making
contact with reactionaries living abroad to sabotage Vietnam and demanding
the overthrow of the socialist regime and the leadership of the Communist
Party”. The house arrest order was made amid a clampdown on dissidents following
ethnic unrest in the central and southern highlands. In November 2001 he
was reported to be held in total isolation in his Dalat home, with all mail
censored and no telephone communication allowed. In August 2002 the situation
is reportedly unchanged. Health concerns: Said to be in poor health, and
to suffer from “hand trembling”. Professional details: Former vice-director
of the Vietnamese Institute of Science and a member of a group of intellectual
dissidents in Dalat. Also author of several critiques of the Communist system.
Previous political imprisonment/problems: Ha Sy Phu had been under effective
house arrest since 12 May 2000, when he became the subject of a police inquiry
for treason. He was suspected of being involved in the drafting of an open
letter appealing for democracy being prepared by a group of intellectual
dissidents, but was never formally charged. On 4 January 2001 the investigation
was suspended as a result of his “sincere attitude” and “appeal for clemency”,
and the house arrest order lifted. Ha Sy Phu was also previously arrested
in December 1995 and charged with “revealing state secrets” for being in
possession of a letter from then-Prime Minister Vo Van Kiet to the Politburo
calling for political and economic reforms. Ha was detained without trial
until August 1996, when he was sentenced to one year in prison and was a
PEN main case. After his release in 1997 he has been subject to constant
harassment and surveillance. Honorary member of: Canadian and Slovak PEN.
Harassed
*Nguyên DAN Quê: Doctor and writer, previously amnestied on 30
August 1998, underwent police harassment on 20 September 2002. His writings
and documents were seized, he was accused of having circulated his writings
advocating democracy in Vietnam, and he was threatened with re-arrest.
Case closed
BUI Ngoc Tan
D.o.b.: 1934 Profession: Essayist, journalist and novelist. Details of harassment:
On 16 March 2000 the Ministry of Culture and Information issued a banning
order against Bui Ngoc Tan’s novel An Account of Year 2000 and ordered all
copies of the book to be destroyed. The novel, published in February 2000,
is reportedly based on the author’s own experience of imprisonment and exile.
Bui Ngoc Tan was detained for “re-education” in a Vietnamese labour camp
from 1968-1972. All those involved in the publication have reportedly been
heavily punished, and the writer has been subjected to interrogation and
alleged monitoring of communications. Professional details: Recipient of
2001 Hellman/Hammett grant.
EUROPE (including Central Asia)
ARMENIA
Investigation
*Dzhanik ADAMIAN: unemployed poet. Age 49. Arrested mid August 2002 in Ararat
for posting onto buildings his poem that suggests President Robert Kocharian’s
involvement in a 1999 terrorist attack on the Armenian parliament. PEN is
seeking further information.
Attacked
*Mark GRIGORIAN: freelance journalist. Injured in a grenade attack on 22
October 2002 as he walked through the centre of Yerevan. Grigorian suffered
serious injuries to his right lung, abdomen and legs. He had been working
on an article on the attack in October 1999 against the Armenian parliament
where 8 high-level politicians, including the prime minister, had died.
Harassment/fines
*Elmar HUSEINOV, Eynulla FETULLAEV: publisher and editor-in-chief of Monitor,
and journalist respectively. Claim to be subject to continued harassment,
most recenlty in July 2002 when the Baku Criminal Court found them guilty
of “defmation” and ordered fines against them. Linked to an April 2002 article
by Fetullaev on his experience in the military.
AZERBAIJAN
Death Threats
*Aydyn GULIYEV: Khurriyet journalist. Reportedly received death threats in
September 2002 following his article on a petrol smuggling ring.
Extradition Threat
*Irada HUSSEYONVA (f): journalist for the Azerbaijani weekly Bakinsky Bulvar,
arrested in Moscow on 24 November 2002 following an extradition request from
the Azeri authorities. She is accused of defamation. She was released the
following day after the request was refused.
BELARUS
Main Cases
Professor Yury BANDAZHEVSKY
DoB: c. 1957 Profession: medical scientist Date of arrest: July 1999 Sentence: Eight years Expires: 17 June 2009
Details of arrest: Arrested in July 1999 and released pending trial which
started in December 1999. Imprisoned on conclusion of his trial on 18 June
2001. Trial details: Convicted on charges of a) receiving bribes from students
at the Gomel Medical Institute and b) falsifying documents in an attempt
to escape trial. Bandazhevsky’s defence is a) that he did not receive
bribes and that they charges were levied in retaliation for his medical work,
highly critical of the government’s handling of the after-effects of the
nuclear accident at Chernobyl in 1986, and b) the charges of falsification
of travel documents are founded, but that he had done so fearing imprisonment
solely for his criticisms. In addition, Amnesty International and other local
human rights groups point to a number of breaches of international standards
safeguarding fair trial. An appeal against the sentence was turned down by
the Supreme Court on 23 November 2001. Professional Background: Bandazhevsky
has carried out numerous studies into the effects of radio-active fall-out
from the Chernobyl disaster on the local population. These have been widely
published. Has been openly critical of the Belarus’ government’s response
to the impact that Chernobyl has had on public health, and specifically so
of the research methodology of the Belarus Ministry of Health’s Clinical
Research Institution for Radiation Medicine. Publications: Reported that
Bandazhevsky has published over 200 scientific papers and articles. After
being released from pre-trial detention (and before imprisonment) Bandazhevsky
completed further scientific works including a book published June 2000 on
the impact of radiotope caesium-37 on humans living in the contaminated areas.
Reported in January 2002 that he had prepared two scientific books while
in prison which are to be published abroad. Place of detention: UZ Penal
Colony, Minsk. Visits from his wife restricted to three times a year. Health:
Suffers stomach ulcers and depression, for which he received medical attention
during his pre-trial detention in 1999. Concerns that his health will deteriorate
following return to prison. Honorary Member: Swiss Romande, English and Norwegian
PEN Centres.
*Viktar IVASHKEVICH
Profession: editor-in-chief of the Minsk based Rabochy (Worker). Sentence
two years internal exile Expires: December 2004. Details of Charges: a) slander
of the president (Art. 367 (2) of the Criminal Code); b) “degrading” the
President (Art. 368 of the CC); and c) an attempt to break the law (Art.
14 of the CC). The case had originally been opened in August 2001 prior to
the Presidential Elections. A complete print-run of Rabochy had been seized
for an article on government corruption entitled “The Thief Must Rot in Jail”.
Trial: Officially indicted on 20 June 2002, on 16 September 2002 he was sentenced
to 2 years in a forced labour camp. His appeal was turned down on 15
October 2002. Finalised early December 2002. Sent to detention Centre 16
December 2002. Place of detention: Baranovichy detention centre.
Mikola MARKOVIC, Pavel MOZHEIKO
Profession: chief editor of Pahonia, Hrodno and journalist respectively.
Sentence: One year and 18 months forced labour respectively Sentence commences:
c. 31 August 2002. Expires: Mozheiko - c. 31 August 2003 Markovic –
c. 3 March 2004. Details of charges: On 27 August, a lawsuit had been filed
against Pahonia by the Grodno Regional Prosecutor re. accusations of libel
against President Lukashenko. Article 5 of the Law on the Press. Among the
contentious articles was a poem entitled I Promised, I Promise, I Will Keep
Promising, author not known, Going to the Elections by Pavel Mazheiko, and
He is not Lukashenko by Sergei Kraskevich. Details of Trial: A first hearing
against the paper was held on 23 October 2001 and on 12 November 2001 the
newspaper was ordered to be closed down. Markovic and Mazheiko were additionally
charged under Article 367 of the Criminal Code with slandering President
Lukashenko and a first hearing was held on 14 February 2002, followed by
several postponements. On 24 June 2002, both were sentenced to terms of
two years “restrictive freedom” for Mozheiko and two and half years for Markovic.
This new form of penalty requires those convicted to carry out hard labour
under police supervision. An appeal hearing held 15 August 2002 was rejected,
but the sentences were reduced by one year for each. They will be unable
to work during that period which started at the end of August 2002. Place
of detention: Markevich – Mogliov; Mozheiko – Gomel. Other: Amnesty
International Prisoners of Conscience. Honorary members: Czech, Netherlands
and English PEN Centres.
Extradition order
*Natalia SUDLIANKOVA(f): journalist for Radio Free Europe/Radio Liberty.
Living in exile in the Czech Republic since 1999. Arrested on the Czech-German
border on 7 October 2002 and held in a German prison until 18 October following
an extradition order issued by the Belarus government. After 11 days’ investigation,
the German authorities judged the extradition order to be baseless and ordered
her release. This was the first time that Sudliankova had attempted to leave
the Czech Republic since her exile.
CYPRUS (North)
Released
Sener LEVENT, Memduh ENER: owner/editor-in-chief of Afrika (formerly Avrupa)
and journalist respectively: Sentenced to six months in prison each and immediately
incarcerated on 8 August 2002. Accused for an article published in July 1999
said to be insulting to the leader of the North Cyprus, Rauf Denktash.
Both released on 3 October 2002 after an appeal court reduced the sentences
to six weeks.
CZECH REPUBLIC
Assassination Attempt
*Sabina SLONKOVA (f): journalist for Mlada fronta Dnes. Subject of an assassination
attempt planned for 17 July 200 which was thwarted when four suspects were
arrested by the Interior Ministry’s Organised Crime Unit. The attack was
apparently in retaliation for Ms Slonkova’s uncovering of embezzlement in
the construction industry.
FRANCE
On trial
*Michel HOUELLEBECQ: writer. Age 44. Author of books including Atomised and
The Platform. Court hearing held on 17 September 2002 in Paris of a complaint
made by Islamic groups in France who accused him of inciting religious hatred.
These charges stem from in interview in Lire published in September 2001
in which he claimed “the stupidest religion is Islam”. This led to a suit
being brought against him by three France based Muslim groups and the Muslim
World League. On 22 October Houllebecq was found not guilty. Houellebecq
is a well known author both in France and abroad, whose books have already
caused controversy.
GEORGIA
Briefly detained
*Iosif CHUMBURIDZE: Editor in Chief of Tblisi. Beaten by unknown men in early
November 2002. Believed to be in retribution for an article on alleged illegal
privatisation of a publishing house.
*Yevegny JOKHIDZE: editor for Tribuna. Arrested with around 100 other Chechen
nationals country wide on 7 December 2002 in a security services operation.
Jokhidze’s arrest followed an interview in his paper with the head of the
Information Department of Chechnya who cautioned the Georgian government
against extraditing Chechens. Held for one day and released.
Threatened
*Eke GULUA (f): jouranlist for Rezonans. Claims to have received telephone
death threats in late October 2002 and to have been followed by unknown persons.
ITALY
Investigation
*Raffaele JANNUZZI: age 74. Former editor and currently senator for the Forza
Italia party. Reported by Reporters sans Frontières to have been convicted
to a two and a half year sentence on 20 November 2002 on charges relating
to articles published in Il Giornale di Napoli between 1987 and 1993 when
he was editor of the newspaper. The articles critcised judicial officials
responsible for combating the mafia. At the time of the conviction, Januzzi
was attending a meeting of the Council of Europe in Paris. He has stated
that he intends to remain in Paris until the Council completes its work on
16 December and would only return to Italy if he is granted immunity as a
member of the Council of Europe and of the Western European Union.
Released
*Stefano SURACE: former journalist. Age 60. Imprisoned in December 2001 on
charges related to his activities as a reporter in the 1960s. He was to serve
a two-year and six months sentence for charges of libel and obscenity, handed
down in absentia in 1963 and 1967. His sentence was converted to house
arrest and he has since returned to France where he has been a resident for
40 years. Surace was editor of the radical Le Ore in the 60s and was known
for his investigations into prison conditions and founded an association
of former detainees. However, he is no longer working as a journalist and
is now a martial arts teacher.
KAZAKHSTAN
Investigation
*Julia SHELAMYDOVA (f): editor of Simbirskie izevestia. RFE/RL in October
2002 reports that Shelamydova sentenced to one year and a fine for an article
critical of a former army commander in Chechnya. Not clear if detained.
*Sergei DUVANOV: independent journalist, editor-in-chief of Bulletin, a publication
of the Kazakh International Bureau for Human Rights and Rule of Law. 1) Arrested
on 10 July 2002 for “insulting the honor and dignity of the President” and
released the following day pending trial. Charged under article 318 of the
Criminal Code for “insulting the honour and dignity of the president”. Linked
to an article entitled “Silence of the Lambs” on allegations of bribery,
money laundering and corruption by the President, his family and close associates.
Any articles on these allegations are banned. 2) On 28 August 2002, he was
set upon outside his home in Almaty, suffering serious injury. 3) Arrested
on 27 October 2002 on charges of the rape of a 14-year-old girl. Human Rights
Watch and other supporters believe that the charges may have been fabricated,
and that it was aimed at stopping Duvanov from going to the USA, where he
had been invited in late October to speak to human rights groups and others
and where it is said he intended to raise Kazakh government corruption. Duvanov
embarked on a hunger-strike from 29 October to 9 November in protest at his
imprisonment. Formally charged on 7 November. Trial started on 24 December
2002. Claims in December are that he is being denied delivery of fresh food
from his family and only limited access to books.
Sentenced
Irina PETRUSHOVA (f): editor of Respublika. In mid-March 2002 claims that
six men entered her office, seizing papers and claiming that she was being
investigated for financial irregularities. She is on pledge not to leave
Alma Aty, but claims that she is innocent of the charges. Around the same
time she is said to have received funeral wreaths. On 4 July 2002, Petrushova
was sentenced to 18 months in prison for fraud. Her crime was to engage in
business activity without a permit. She is appealing against the sentence
but the court has ruled that she will not be jailed as she qualifies for
an amnesty. Kazak rights campaigners claim that the charges against Petrushova
are of “dubious legality” and may be linked to the fact that the newspaper
for which she works is owned by an opposition politician, himself currently
in prison.
On Trial
*Sagingali KAPIZOV: journalisat. Arrested c. 5 August 2002 following the
reopening of charges against him on 24 July. Believed to be charged with
defamation although no details as yet. Held in detention in Atyrau.
Into Exile: Case Closed
Temirtas TLEULESOV: author of Ordaly Zhylan (Nest of Snakes). Arrested in
Shymkent on 19 May 2000 and held for over a week until his release on 28
May pending charges, reportedly for assaulting a member of parliament’s body
guards in December 1999. Nest of Snakes published in 1999, gives an account
of alleged crimes committed by officials in Southern Kazakhstan. A Russian
edition was published entitled Shymkenstkaya Mafia. (The Shymkent Mafia).
Tleulesov told Radio Free Europe that libel actions have been brought against
him by Nurdaulet Srsenov, a member of the Majlis and who is a key figure
in the book. On 23 November 2000, his trial opened, on charges of propagating
“false materials”. On 6 February 2001 he was sentenced in absentia to two
years in prison on charges of hooliganism. He was at that time in hiding
and has subsequently gone into exile.
MOLDOVA
Investigation
*Sergiu AFANASIU: head of a weekly newspaper. Arrested with two reporters
on 16 October 2002 on charges of bribery and blackmail. His supporters claim
that the charges have been fabricated in order to discredit his newspaper.
He is accused of demanding money from a businessman in exchange for not publishing
damaging material. He claims that he was set up, hence he had asked two of
his reporters to accompany him to a meeting with the businessman.
MONGOLIA
Judicial Concern
*Hand-dolgor (f): editor of Ug (Word). Sentenced to one year in prison on
31 July 2002 for an article that indirectly lead to the murder of a woman.
On 5 March 2002 Ug carried an article on the spread of AIDS in Mongolia and
in it named a woman said to have had a number of sexual partners. As a result
of the article the woman had a health check that announced her clear of the
virus. Ug subsequently carried an apology on 26 April. However on 18 May
the woman was beaten to death by one of her lovers who had demanded proof
that she did not have AIDS. Ms Hand-dolgor was convicted of “defamation”
under Article 117.2 of the Criminal Code. Her supporters acknowledge that
she made a mistake in publishing the woman’s name, but pointed out that Ms
Hand-dolgor had published a front-page apology as soon as the results of
the woman’s HIV test was known. PEN is seeking details of a hearing of the
case held 22 October 2002.
ROMANIA
Disappearance: investigation
Iosif Bebe COSTINAS: journalist for Timisoara. Missing since 7 June 2002.
Police investigation launched. Costinas is known for articles on sensitive
issues including unsolved murders during the December 1989 anti-communist
revolt. He was also writing a book on business corruption. PEN seeking update.
Threatened
*Silvia VRANCEANU (F): journalist for the opposition Venimentul Zilei. Claims
in late 2002 to have been subject to threat and harassment since writing
articles questioning the ruling Social-Democratic Party regional leadership.
RUSSIA
Killed: investigation
*Firat VALEEV: editor-in-chief of the Bashkortosan opposition newspaper,
Vehernii Neftekamsk that had carried articles critical of Bashkortosan President
Rakhimov. Found dead on 20 July 2002.
*Nikolai VASILEV: journalist for Sovetskaya Chuvashia in the Chavash capital
Cheboksary, 350 km west of Moscow. Beaten to death outside his home
on 18 August 2002 by unknown assailants. His friend also seriously injured.
Thought the attack may be linked to his articles on local public and political
figures, some of which had led to slander suits.
Main Case
Grigory PASKO
Profession: Military Journalist. Dob: 1963. Sentence passed: 25 December
2001 Sentence: Two years four months Expires: 24 April 2004. Arrest: A journalist
working for the Russian Navy’s Pacific Ocean region’s newspaper, Boyevaya
Vakhta, Pasko was arrested in November 1997 on accusation of possession of
state secrets with the intent of passing them abroad. His arrest was linked
to his reporting on the dumping of radioactive waste into the Japan Sea by
the Russian Navy. Trial 1: Pasko was acquitted of espionage on 20 July
1999. A three-year sentence related to military misconduct was passed the
same day, but he was immediately freed under the terms of a previous amnesty.
Trial 2: On 21 November 2000 the Russian Supreme Court accepted prosecutors’
appeal against the acquittal of the treason charges. Trial opened on 22 March
2001 but, following a series of postponements, started in earnest on 24 July
2001. On 25 December 2001 all but one of the ten counts of espionage were
dismissed and he was returned to prison to serve a four year sentence on
the remaining count. The court ruled that notes Pasko had taken as a journalist
present at a September 1997 meeting of the Pacific Fleet contained sensitive
information. It did not, however, specifically accuse Pasko of publishing.
The 20 months that Pasko had already spent in prison were taken into account
and the sentence was reduced to two years and four months. Pasko’s lawyers
appealed against the sentence following a decision by the Russian Supreme
Court in early February 2002 to annul the two clauses under which Pasko had
been convicted. Trial 3: The hearing was finally held on 25 June 2002. While
some changes were made to the wording of the original verdict which removed
reference to Pasko having illegally attended the meeting of the Pacific Fleet
as well as to having maintained contact with foreigners, the original verdict
was ultimately upheld and the changes had no impact on the sentence itself.
Pasko was re-imprisoned and later transferred to a labour camp in Ussuriysk.
Hopes that he would be freed on 24 December were dashed when the courts refused
a request for review. The same day Pasko’s legal team submitted his case
to the European Court on Human Rights. Place of Detention: Ussuriysk Labour
Camp. Other: Married. 2002 Reporters sans frontières/Fondation
de France award. Book of prison writings published by Russian PEN Centre.
Honorary Member of: PEN USA West, German, American, Netherlands, Finland, Canada PEN Centres, Writers in Exile (USA), Norway
Judicial Concern
Eduard LIMONOV
D.o.b: 1943 Profession: writer and leader of the extremist Bolshevik Nationalist
Party. Date of Arrest: 7 April 2001. Sentence expires: on trial
Details of charges: charged with possession of arms and forming an armed
group. Penal Code Articles 205, 208, 222 and 280, carrying a maximum of 15
years in prison. The armed group is accused of attempting to overthrow the
Russian state and that of Kazakhstan. Arrested in April 2001.Limonov claims
that the evidence against him is based on the testimony of two unreliable
witnesses who had been intimidated by police, as well as his writings published
as an article in Limonov’s newspaper Limonka in early 2001 entitled “Another
Russia”. (Limonka was shut down in September 2002 and its owner Sergei Aksenov
is also on trial). This writing is claimed to be a blueprint for an invasion
of Kazakhstan by Limonov and the implementation of a National-Bolshevik regime
there. Limonka’s editor testified in the court that the article had not been
written by Limonov but by another author based in Latvia. Trial details:
The trial is being held at the Volga port of Saratov and Limonov was transferred
to Saratov prison and commenced on 9 September 2002. A 17 September hearing
saw the defence dismiss camouflage clothing as evidence of an armed group,
and questioned whether an organisation as small as Limonov’s could really
be perceived as a threat. Literary background: In the 1970s Limonov wrote
two books as an exile in the USA which led to him being recognised as one
of the most promising Avant Garde Russian writers, but also led to him being
attacked by the Russian émigré community whom he ridicules
in his novels. Moved to France in 1980 until his return to Russia in 1984.
Published several more avant garde novels in France and obtained French citizenship.
Continues to write in Russia notably for his party’s magazine Limonka. However
the magazine was made illegal by the Moscow City Court in September 2002,
but continues to publish from Ukraine. Political background: On his
return to Russia, he joined with the nationalist party leader Zhirinovsky
and subsequently founded his own Bolshevik National Party which he described
in a recent interview as “extreme nationalist, extreme communist”. Some organisations
have accused the BNP of involvement in racist attacks, others claim that
there is no foundation to these charges. A 1994 British documentary shows
Limonov accompanying Bosnian-Serb leader Radovan Karadzic to a sniper post
outside Sarajevo during the war and handling a gun used to target civilians.
International PEN Position: PEN abhors some of the comments and views attributed
to Eduard Limonov which it considers to run counter to its own charter that
promotes the role of literature as a means of building understanding between
peoples. It distances itself from the BNP. Its concern in this case is limited
to suggestions that the evidence against Limonov is biased and that he may
not be given fair trial. It calls for assurances from the Russian authorities
that his trial will be carried out in accordance with international standards.
Sentenced in absentia
*Oleg KALUGIN: former KGB general now resident in the USA. Sentenced by the
Supreme Court in Moscow in September 2002 to 15 years in prison and stripped
of his military rank, state awards and pension. Accused of treason for his
book published in the USA entitled The First Directorate which disclosed
activities of the USSR Foreign Intelligence service. Kalugin maintains that
he is innocent of treason.
Attacked
*German GALKIN: deputy-editor of the local Vercherny Chelyabinsk. Set upon
by two unknown persons on 14 June 2002, and suffered minor injuries. Thought
that the attack may be linked to his negative reports on local officials
in the city of Chelyabinsk.
*Lecha SALIGOV: editor in chief of Spravedivost and aide to the State Duma
Deputy Viktor Cherepkov. Attacked at his home in Moscow on 19 August 2002
resulting in his hospitalisation. Thought that the attack may be linked to
an article critical of an influential member of the Chechen diaspora.
*Viktor SHAMAYEV: crime reporter for Penzenskaya Pravda and editor for Dlya
sluzhbenovo polzovaniya. Abducted in Arbekov on 14 August 2002, beaten and
told give up journalism before being freed.
*Yuri SORKIN: journalist. Attacked by skinheads on 31 July 2002 apparently
as a result of calls on local radio that the local media deserved to be beaten
by “real patriots”.
On Trial
Mikhail BUNYANOV: editor for the Vladimir newspaper Prizyv. Charged c. 4
March 2002 with slander for an article critical of all the candidates running
for the position of head of city administration. Also the newspaper had published
fliers publicising materials from a case being heard against the head of
the Russian Autocehalic Orthodox Church. PEN seeking details of trial progress.
*Olga CHERUBINA (f): editor-in-chief of Nyaryana Vinder. Legal action initiated
on 7 July 2002. She had been sacked from her post a week earlier for “abusing
her position” after one of her reporters questioned President Putin on corruption
during a Kremlin press conference on 24 June 2002. Journalist Alexei
Vasilivetsky had asked Putin about illegal activity by Nenets Regional Governor
Vladimir Butov. Butov was subsequently arrested for embezzlement.
*Bayan SHIRYANOV: writer (given name Kirill Vorobev). A criminal case on
charges of “disseminating pornography” was filed against him on 26 September
2002. This stems from a complaint made by the youth group Moving Together.
Shiryanov has issued a counter suite against the group, accusing them of
insult.
*Vladimir SOROKIN: Writer (46). Reported in mid-July 2002 to have been charged
with pornography for his book Boluboye Salo (Blue Lard). The book, published
in 1999, is said to include scenes of sexual acts between Stalin and Krushchev.
The charges are said to stem from a complaint by the youth group Moving Together
which is campaigning to “purify” Russian culture. Sorokin himself issued
a counter-suit against the group accusing them of violating copyright. This
was dismissed in early September 2002. Sorokin is a popular postmodernist
writer who is described as a “master stylist (who imitates) the nuances of
classic 19th century works and Soviet socialist realist literature and then
skews) them with descriptions of gory violence and unpleasant bodily functions.”
On 17 September 2002 the offices of Sorokin’s publishing house, Ad Marginem,
was raided and copies of Blue Lard seized by the Prosecutor’s office.
Igor ZOTOV: deputy editor-in-chief of Nezavisimaya Gazeta. Ordered to appear
in court on 1 April on criminal libel charges for an article published
27 November 2001 which alleged that three Moscow judges accepted bribes from
a leading businessman on trial for murder. He faces 4 years if convicted.
The newspaper published other articles on this between December 2001 and
April 2002. Zotov was unable to attend the hearing as he was in hospital
for treatment for high blood pressure. PEN seeking details of trial progress.
Sentenced – unclear if detained
A. KOBEZSKY: Journalist for Leninskaya Smena Plyus. Reported by Radio Free
Europe to have been sentenced to 2 ½ years in prison in early March
2002 for “slander” against a local governor. Sentence may have been converted
to a fine.
Case closed
Vladimir KIRSANOV: chief editor of Kurganskiye Vesti. Last seen as he left
for work in Kurgan on 17 May 2001. Kirsanov’s colleagues believe his disappearance
may be linked to his reporting. Closed due to lack of further information.
Kosuke TSUNEOKA: independent journalist from Japan, permanently resident
in Moscow. Last heard of when he filed a report from Grozny, Chechnya,
in late July 2001. He had previously contacted relatives from Tblisi,
Georgia, informing them that he intended to go to Chechnya and report from
the more remote areas where email access would be more difficult. He filed
reports, published in the Japanese magazine Friday on 3 July and 24 August
2001. Russian officials state that Tsuneoka had no accreditation to work
in the Northern Caucasus. Case closed due to lack of further information.
Valery YAKOV: Journalist for Novye Izvestia. Lawsuit filed against him on
30 August 2001 charges of insult by the Russian Director of Intelligence.
Case closed due to lack of further information.
SLOVAKIA
Possible Prosecution
*Anka LUCAIOVA (f): journalist. In July 2002, ex-prime minister Vladimir
Meciar threatened to take Ms Lucaiova to court for an article published in
June in which she suggests corruption in the Meciar family. On 16 October
2002, Ms Lucaiova was questioned and there is a strong possibility that a
court case will ensue.
*Vanda VAVROVA (f): reporter for Pravo. On 5 December 2002 reported that
the Prosecutor General is considering charging her with libel for her reports
claiming corruption within the judiciary.
TURKEY
Main case (fled)
Melih PEKDEMIR
D.o.b: 1953 Profession: author and publisher Sentence: Three and a half years
imprisonment Trial details: 1) On trial in June 2001 for Öcalan
Devlet mi? (Is the State a Revenger?). This is the second edition, the first
published in 2000 is not affected. Accused for comments on the government
policy on the Kurdish community and criticising human rights abuses against
Kurds. On 13 September 2001, found guilty and sentenced to three years and
nine months in prison. Appeal to the Supreme Court on 17 April 2002
turned down and ordered that he arrive at the prison a month later to start
his sentence. 2) Trial also thought to be under way against the book Fethullahin
Coplari (Fetullah’s Truncheons) by Zübeyir Kindira which Pekdemir edited
for the Su Yayinlari publishing house on 30 counts. This book critiques Muslim
fundamentalists. 3) Re-trial opened against Pekdemir and 23 others who had
served prison sentences in the 1980s for their involvement in Dev Yol, a
radical socialist organisation. Pekdemir himself served eight and a half
years in prison, and was released in 1989. The original trials were condemned
as unfair by the European Court on Human Rights, which recommended that some
defendants receive reparation. The 2002 re-trial was similarly controversial.
On 16 July 2002 Pekdemir was one of those sentenced to the death penalty,
reduced to life imprisonment for “good behaviour” but will not be required
to go to prison. Other details: Member of the Writers Union of Turkey. Member
of the party assembly of the Party of Solidarity and Freedom in Turkey. Author
of six books. Married with son aged six. In June 2002 he was granted political
asylum in Germany where he now resides. Honorary Member: Sydney PEN Centre
Main Case (in hiding)
Zeynel Abidin KIZILYAPRAK: d.o.b: 1960. journalist sentenced to 1 year and
four months in prison in December 2000, and upheld on 14 May 2001 on charges
under Article 8 of the Anti-terror Law for an article published in the now
defunct Özgür Bakis entitled “1900’den 2000’e Kronolojk Abum Kurtler
(Chronological Album of Kurds form 1900 to 2000) Published February 2000.
Appeal against the sentence was refused by the Istanbul State Security Court
in June 2001. Kizilyaprak obtained a stay of execution of four months that
expired in October 2001. Kizilyaprak remains free although in hiding.
Honorary Member: English PEN
The Freedom of Expression (FoX) Case
Since 1998, a campaign challenging the numerous laws that penalise free expression
has been running in Turkey, headed by the musician and composer, Sanar Yurdatapan.
The campaign centres around the publication of a series of booklets, entitled
“Freedom of Expression” containing articles written by intellectuals, human
rights and labour activists, lawyers, writers, artists, etc, to which sometimes
over 1,000 other activists sign their names a joint publishers. Turkish legislation
demands that such acts be brought to the courts. The complex Turkish legal
system means that each booklet – several are published each year – entails
lengthy trial processes. In most cases individual FoX activists brought to
the courts are served with short prison terms, fines or acquittal. Occasionally
some have entered prison, most notably the FoX leader, Sanar Yurdatapan.
The following is a summary of the present status of the campaign, naming
some of those involved, and restricted to those who fall within PEN’s mandate
of writers and journalists. In November 2002, Yurdatapan was honoured by
Human Rights Watch for his contribution to the promotion of freedom
of expression in Turkey. For further information, contact the WiPC office.
FoX 2000: book containing 60 articles in breach of Articles 7 and 8 of the
Anti-Terror Law and article 312 of the Penal Code. These are being heard
by the State Security Courts. Others are in breach of article 159 of the
Penal Code and are being handled by the Heavy Criminal Court. Still others
relate to Article 155 only dealt with by the Military Court, and finally
others relating to “insulting Ataturk or religions” must be dealt with by
the Asliye Ceza criminal courts dealing lesser offences than those handled
by the Heavy Criminal Courts. (1) State Security Court hearings under
Article 162 of the Turkish Penal Code were held in February, and resulted
in acquittals. However, on 18 June 2001, the acquittals of all but one of
the 16 accused were reversed. Trial restarted on 19 October 2001 and the
last hearing held on 7 November, adjourned to a later date. (2) Uskudar Asliye
Ceza court hearings started in February 2001 to hear charges under Article
159 of “insulting the quality of being a Turk, the Republic, Parliament,
Government, Ministries, Jurisdiction or the forces of he government related
to the military” opened in May 2001. Subsequently acquitted, although the
trial was re-opened. Again acquitted on 28 July 2002. (3) Penal Court hearings
opened in February to hear charges of insult to religions which carry up
to 6 years in prison. Trial ongoing.
Key figures in the Fox 2000 case:
Yavuz ÖNEN: President of the Human Rights Foundation of Turkey
Cengiz BEKTAS: writer, and chair of the Turkish Writers’ Union
Mehment Atilla MARAS: writer, chair of the Turkish Writers’ Association
Erdal ÖZ: writer
Etyan MAHÇUPYAN: writer
Sanar YURDATAPAN: composer, leader of FoX
FoX: For All: Booklet published in October 2000, of which 550 copies were
presented to members of parliament. Contains statements by dissidents, political
activists, human rights activists. Includes one by writer Esber Yagmurdereli.
77,663 people allegedly signed onto the pamphlet as co-publisher. Sixty-five
MPs, activists, writers, artists, etc are being prosecuted as publishers
of the book. Those relevant to PEN are:
Abdurrahman DILIPAK: journalist and writer
Aype ÖNAL: journalist
Emine SENLIKOGLU: writer and journalist
Meryem CANAN CEYLAN: writer and journalist
Mustafa ISLAMOGLU: writer and journalist
Sabiha ÜNLÜ: writer and journalist
Turgut BALABAN: journalist and cartoonist
Sanar YURDATAPAN: composer, leader of FoX
The next trial hearing is due on 2 February 2003.
Freedom of Expression 2001: another pamphlet of “illegal” writings published
on 23 January 2002 as a challenge to the judicial system that penalises freedom
of expression. Articles by 11 people including Noam Chomsky but only two
persons charged: Sanar Yurdatapan and Yilmaz Camlibel. Charges: 1) Article
162 of the Penal Code – distributing materials that count as an offence 2)
Article 16/4 of the Press Law – where publisehrs, translators and writesr
of “offensive” articles are prosecuted. Two of the 11 are to be prosecuted:
Sanar Yurdatapan and Yilmaz Çamlibel. First hearing held 7 October
2002.
Centres with special interest in FoX campaign: San Miguel, English and Perth PEN.
Investigation cases
Halil AKGÜNLER: journalist for Yeni Asya. Trial concluded on 24 January
2001 when he was sentenced to 20 months in prison for an article published
7 October 1999. The sentence was finalised following an appeal hearing on
10 September 2001. It is not clear whether Akgünler is in prison. Also
sentenced was chief editor Mustafa Döküler, whose sentence was
converted to a fine but his acquittal was quashed in November 2001 and he
will have to stand retrial. See below.
Suleyman ALTAN, Fatma BILGIN (f), Özgür ÇELIK, Faruk DEMIREL,
Hasan Hüseyin EBEM, Kemal EVCIMEN, Mehmet TARI: all identified by the
Turkish Press Council as journalists detained as of 1 January 2002 but about
whom it had been unable to collect sufficient information.
Mustafa BENLI, Kemal EVCIMEN, Nurettin SIRIN: all described by the Turkish
Press Council as journalists detained as of 1 January 2002 on conviction
of membership of an illegal organisation and recommended retrials for them.
WiPC seeking further details.
Nevin BERKTAS (f): political prisoner detained since 1994 on charges of membership
of a terrorist organisation. Berktas wrote a book on her prison experiences
called The Cells which was prosecuted under Article 169 of the Penal Code
for “supporting terrorists”. Thought to be for comments in the book supporting
prison protests denouncing the F-Type Prisons. Berktas and Elif Camyar, publisher
of the book, appeared at the State Security Court Istanbul on 7 November
2001. Berktas was subsequently given an additional 45 months in prison. Camyhar
received a fine. Background: was first arrested in 1978, and was imprisoned
on a number of other occasions for her radical political activities from
then until she was amnestied in 1991. However she was re-arrested on 16 December
1994 and convicted for membership of an illegal organisation accused of extremist
activities. Prior to the trial for her book, she was serving a twelve and
a half year sentence, to which the 45 month sentence for the book was added.
Place of detention: Istanbul-Gebze Prison. Berktas is not due to be freed
until early 2011.
Serdal GELIR: journalist for Mücadele. Arrested in April 1994 when covering
a demonstration in Ankara. Accused of membership of Dev Yol, affiliated with
Dev Sol (Revolutionary Left). Although released due to lack of evidence,
the case was reopened under article 168/2 of the Penal Code and the Anti
Terror Law under which he was convicted to 15 years in prison. Gelir denies
membership of the organisation. Said to have suffered acute ill health following
a prison hunger strike in 1996. Said to be among many prisoners forcibly
transferred to solitary confinement cells by police in December 2000. Also
said to have taken part in hunger-strike protests against prison conditions
in January 2001. The Turkish Press Council confirmed he was still in prison
as of 1 January 2002. WiPC seeking confirmation of details.
Memik HORUZ: Editor-in-chief of Özgür Gelcek and Isci-Köylü.
Arrested in 6 June 2001 and held on charges of membership of an “illegal”
organisation. Trial started at Istanbul State Security Court on 3 September
2001. Charges linked to an interview that appeared in Özgür Gelecek.
Horuz is accused of membership of the Turkish Communist Party/ML-Workers’
and Peasants’ Liberation Army of Turkey (TKP/ML TIKKO) for his interview
with two members of the organisation. Videos produced on 23 January suggest
that he did meet with TIKKO members, although Horuz maintained his innocence.
According to the International Federation of Journalists, on 20 February
2002, the charges against Horuz were dropped but new charges were levied
of belonging to an illegal organisation. On 13 June 2002, he was sentenced
by the Ankara State Security Court to 15 years in prison under Article 168(2)
of the Criminal Code for writing an article based on interviews with TKP/ML
TIKKO members and publishing it in November 2000. He was also accused of
taking part in training sessions with this group and being a member. However
his defence reportedly provided alibis proving that he was elsewhere on the
dates of his alleged training sessions. Supporters believe that he
was convicted for his journalistic activities. PEN is seeking further details.
Hasan ÖZGÜN
Profession: Reporter for Özgür Gündem in Diyarbakir. Date
of Arrest: 9 December 1993 Sentence: 12 1/2 years. Details of trial: Reported
to have been formally charged at Diyarbakir State Security Court with 'membership
of an armed group'. Reportedly sentenced on 16 January 1996 to 12 and a half
years in prison for membership of the PKK under Art. 168/2 of the Penal Code.
Defence alleged little firm evidence was produced at trial regarding allegations
that Ozgun had arranged medical treatment for PKK guerrillas or had communicated
with PKK prisoners in detention. Part of the evidence said to relate
to interview with PKK leader published in 'Özgür Gündem'.
Defence says the interview was run in other Turkish newspapers without charges
being brought. Sentence of 12 and a half years was upheld on appeal around
23 October 1996. Trial #2: Charges were initiated against Özgun and
trial opened on 1 April 2002 following his call for a re-trial referring
to the precedent set by the “Susurluk Incident”. He was subsequently charged
with insulting security personnel under article 159 of the Turkish Penal
Code. Place of detention: Aydin E Type prison.
*Murat SARAÇ: journalist for Özgür Ülke. First arrested
in Iran and then deported to Turkey on 4 August 2002 as a member of an illegal
organisation, PKK/KADEK. Trial opened on 31 October 2002 under Article 169
of the Penal Code. Next hearing due 17 December 2002.
Nazan YILMAZ (f), Sadik ÇELIK: Journalists for Kurtulus, Zonguldak.
Arrested 29 December 1995 under Article 168 (2) of the Penal Code. Sentenced
on 17 October 1996 to 12 years 6 months. Accused of membership of an illegal
organisation. . Charges against Çelik based on his own confession
with no other supporting evidence. The Turkish Press Council confirmed his
detention as of 1 January 2002. Yilmaz was last heard of in Sakarya
Prison, Çelik in Bursa Prison. WiPC seeking confirmation of details.
Free, but either sentenced and awaiting imprisonment, or sentenced pending appeal, or free but facing charges:
Nermin ACAR (F): Translator. First hearing on 12 February 2002 of charges
of pornography for her translation of the French author Serge Bramly, La
Terreur dans la Boudoir, a novel based on the Marquis de Sade. Originally
published in France by Editions Grasset, and also published in Brazilian
Portuguese and Greek. Serge Bramly has supported the campaign on Acar’s behalf.
Another charge of pornography is pending against Acar for her translation
of Alina Reyes’ Lilith. Sentenced to a fine. For which book is not clear
at present. PEN is seeking details of the trial outcome.
Baris ACIKEL: editor in chief of Partizan. Arrested during a raid on the
Umut Publishing House on 5 September 2001 along with three others. Subsequently
started trial in early April 2002 for editorship of Isçi Köylü
which is accused of carrying articles seen as propaganda for an illegal organisation.
Received a fine on 17 October 2002.
Hakan ALBAYRAK: author of article entitled ‘What Remains of the Six Arrows?’
published in Gerçek Hayat. On trial for the article on 25 January
2002 on accusation of insulting the armed forces. PEN is seeking details.
Coskun AK: former co-ordinator of a Forum on the Superonline web-site. Sentenced
on 27 March 2001 by the Istanbul Criminal Court under Article 159 of the
Turkish Penal Code for insult to state authorities. The charge related to
a message posted on the site anonymously. In 2001 he was sentenced to 40
months in prison for this offence which was quashed on appeal. This is a
retrial of the same case. The defence argued that Ak did not know the author
and did not share the views contained in the article. Presumed free pending
appeal. Trial started on 12 February 2002 at the Istanbul Criminal Court.
Adjourned to later date. PEN is seeking further information.
Zeliha AKBAY (f), Ilhami ÇINAR: reporters for Özgür Kadinin
Sesi (voice of Free Women) and Özgür Halk resepectively. Detained
24 January to 9 April 2002 for alleged support of the PKK. Released by the
Izmir State Security Court to face a court hearing at a later date. PEN is
seeking details.
Ahmet AKSOY:owner of Olusum published in Nizip. Arrested 29 May 2002 for
separatist propaganda and insulting the state authoriteis in an article entitled
“Deniz, Yusuf and Hüseyin”. Charged with supporting an illegal organisation
and insulting the state by using such terms as “fascist state”, he was released
after 73 days in prison following the 22 August hearing. The next hearing
is to be held at a later date.
Ömer ASAN: age 40. Writer of a acclaimed study of the language, culture
and history of his home village in Trabzon, published as Pontus Kültürü
(The Culture of the Pontus )in 1996. The book focuses on this traditionally
Greek-speaking, Muslim community on the Black Sea coast. The accusations:
Around mid-December 2001, a Professor of Theology publicly condemned Asan
during a TV discussion as being a traitor by associating with Pontic Greeks
in the region who wanted to seize the derelict Byzantine monastry of Panagia
Soumela. On 5 January 2002 Asan sought permission to respond to these accusations,
which were ignored. However, on 12 January the same professor appeared again
on the TV station denouncing Asan who was this time allowed to defend himself
by telephone. On 19 January Asan appeared on the TV station in person on
a discussion panel during which the same accusations were made against him.
The discussion ended when the presenter accused Asan of insulting the memory
of Ataturk, leading Asan to leave the studio. Legal Action: On 21 January
2002, as a result of the TV debate, the State Security court ordered all
copies of Asan’s book to be seized, and a summons was issued against him
and his publisher to appear before the State Security Court on 25 January.
The charges are of “separatist propaganda”. The result was that the case
was forwarded to a civil court. On 25 March 2002, Asan was formally indicted
under Law 3713 on charges of writings aimed at breaking state unity. He faces
a penalty of between 14 months and 4 years in prison. First trial hearing
held on 10 July 2002 before the Istanbul State Security Court no 6. Last
hearing 8 November 2002. Honorary Member: English PEN
Hasan Basri AYDIN: teacher and writer. Reportedly sentenced to 40 months
in prison in mid-March 2002 on for four speeches and articles in which he
criticised the authorities. Charged under Articles 158 and 159 of the Turkish
Penal Code. Presumed free on appeal.
*Bedri BAYKAM: owner of the Piramit publishing house. Charged early August
2002 for the book by Erje Ayden entitled As I entered the train at Hauptbahnhov,
deemed to “insult the moral feelings of the people”. Originally fined, but
as he did not pay this, he was indicted.
Ataol BEHRAMOGLU, Oral ÇALISLAR: journalists for Cumhuriyet. Trial
started on 19 April 2002 before the Bursa Penal Court alongside seven others
accused of insulting the judiciary, government and armed forces during a
discussion on F-type prisons.
*L. Filiz BINGOLCE (f), Semih SOKMEN: writer and publisher for Metis Publishing
House respectively. Due to stand trial on 24 October 2002 for “immoral publications”
for a dictionary of women’s slang which includes terms of abuse used by both
women and men to insult women.
Akin BIRDAL: former President of the Turkish Human Rights Association and
writer. Started a one year sentence in June 1999 but released on medical
grounds in September that year. Returned to prison in March 2000. Freed in
September after completion of sentence less remission. However, on 1 March
2001, trial opened on charges under Article 159/1 for the Penal Code for
“insulting the Turkish Nation” for articles published in Gözcü
and Hürriyet in October 2000. May also be linked to his speeches on
abuse of democracy and human rights. On 18 September 2001, an Ankara court
heard charges against him related to speeches made in Germany on the Armenian
genocide. To date there have been several more hearings, each adjourned to
ascertain the whereabouts of a journalist who is thought to have cited some
of the incriminating statements by Birdal.
Hasan ÇAKKALKURT, Eren GÜVENER, Sinan KARA, Necdet TATLICAN:
editor-in-chief of Posta, editor-in-chief of Milliyet, owner of Datça
Haber and editor-in-chief of Hurriyet. On trial in June 2002 at the Datça
Penal Court on charges of insult to the Datça Governor in an article
on his ban on dogs entering the sea. (For other reference to Guvener and
Çakkalkurt, see elsewhere) Kara has charges against him totalling
8 years and nine months.
Sami CEBECI, Saban DÖGEN, Abdil YILDARIM: writers for Yeni Asya. Convicted
to 20 months in prison each on 30 May 2001 by the Istanbul State Security
Court for an article stated “the earthquake is a warning for religion”. The
are free pending appeal which was refused on 2 September 2002. PEN seeking
confirmation of current status.
*Mustafa DEMIR, Turhan FEYIZOGLU: owner of the Ozan Publishing House
and writer respectively. Retrial started on 25 September 2002 before the
Istanbul State Security Court No 4 following the overturning of an earlier
acquittal regarding the book Ibo-Ibrahim Kaypakkaya. Accused under Article
8 of Law 3713 on Terrorism, the book is accused of containing separatist
propaganda. Published in April 2000, it was first brought to trial in September
2001.
Ayhan DOGRU: editor in chief of Özgür Halk. On trial in May 2002
before the Istanbul State Security Court on Charges of disseminating propaganda
for an article by Freedom of Demcoracy Congress of Kurdistan (KADEK) Abdullah
Öcallan, formerly leader of the PKK. Trial adjourned to 16 August 2002
to allow time for Öcallan to be interviewed in his prison cell about
the article. See Gülcan Kaya and below. PEN is seeking further details.
Nese DÜZEL (f) and Hasan ÇAKKALKURT: columnist and editor-in-chief
of Radikal respectively. Appeared before the Istanbul State Security Court
No. 6 on 27 June 2001. Charged for an article published 8 January 2001 containing
an interview with the chair of the Pir Sultan Abdal Foundation. The prosecution
referred to the statements “young Alevites are driven towards terrorism”,
“during … 1970 the Alevites were tortured and thrown into prison”, and “Alevites
are under pressure because of their identity and there is high unemployment
among them”. These statements are deemed to breach Article 312 of the Turkish
Penal Code (inciting the people to hatred and enmity). Carries sentences
of between 2-6 years. In her defence, Düzel stated that the interview
was on problems faced by the Alevite population that needed to be solved.
The trial continues with the next hearing slated for 4 September 2002. 2)
Çakkalkurt also went on trial at the Istanbul State Security Court
on 9 May 2002 with Perihan Magden (see below) for an article on prison conditions
published August 2001. Hearing adjourned to 25 July 2002. See elsewhere
for other trials against Çakkalkurt. 3) Çakkalkurt is also
on trial with Aydin Dogan (owner of the daily Radikal on charges of endanger
Justice Minister Hikment Sami Türk in an article published in January
2000. They had been acquitted in May 2002, but the case was reinstated after
a prosecution appeal. Retrial started 25 August 2002. PEN seeking details.
*Hulusi ERDEM: journalsit for Önder in Milas. Charged for an article
published 14 August 2001 in which he referred to the Minister of Justice
as “ignorant”. Charged with insult to the judiciary. The article entitled
“Hikmet Sami Turk: An Uninformed Minister who puts prosecutors on trial and
who is slpped in the face by judges”. Erdem states that the article criticised
the attitude to the minister to changes to the the Turkish Penal Code relating
to the trials of civil servants and that the minister had opened a case against
a prosecutor. He is being tried alongside Önder newspaper owner Talat
Efendioglu. They are charged under Article 266 of the Penal Code – insult
of an official; Article 268/4 – offence committed via the press; Article
482 – cursing and Article 18 of the Press Law. Trial started 2 July 2002
and continued on 1 October 2002, set to resume 19 November.
*Muzaffer ERDOGDU: Publisher from the Pencere Publishing House. Sentenced
to 13 months and 10 days in prison plus a fine for “separatist propaganda”
by Istanbul State Security Court No 1 on 21 November 2002. Relates to a book
Letter to Savas, written by Necdet Buldan for his brother, Kurdish
businessman, who was murdered by unknowns. Believed to be free on appeal.
*Mehmet EREN: correspondent and representative of the Kurdish daily Dema
Nu. Arrested 12 June 2002 to 24 June 2002 in Diyabakir on charges of supporting
the Socialist Party of Kurdistan. Charged with supporting a terrorist organisation
under Law No. 3713. Sources state that the PSK is not a violent organisation.
Trial opened 15 October 2002. Previously indicted in March 2001 and given
an eight months prison term, presumed suspended.
Mehmet Sevki EYGI: journalist Milli Gazeti. Trial started at the Istanbul
State Security Court on 20 March 2002 for a 15 November 2000 article “Terror
or Religious Enmity”. On 9 October he was co0nvicted to 20 months’ in prison.
Not clear if he is appealing. Also convicted to a fine in the same case was
the newspaper’s editor-in-chief Selami Çaliskan.
Bülent FALAKOGLU: editor in chief of Evrensel. Has had several trials
against him since 2000 for articles in his newspaper. Most recently on 19
February 2002, court hearing held at the Bakirkoy Criminal Court for several
articles in Evrensel deemed to insult the army published in April 2001. Authors
also on trial are: Fatih Polat, Aydin Çubukçu, and Semih Hiçyilmaz.
Trial still in progress on 17 September 2002.
*Güngör GENÇAY: writer and board member of the Turkish Union
of Writers. Charged for two books in October 2002 – Faces of the Day and
The Others. Both are compilations of articles from the newspapers Emek and
Evrensel which are said to include statements insulting to the parliament
and the Turkish Republic. Prosecution has asked for charges under Article
159.
*Ahu Zeynep GORGUN (f) Muharrem CENGIZ: owner and editor respectively of
the cultural magazine TAVIR. On trial in December 2002 before the Istanbul
State Security Court for six articles published in March written by
different authors. One of them is Pablo Neruda’s poem “Ballad for mothers
who lost their sons”. Charges are under article 8/2 of the Anti-Terror Law.
*Cengiz KAPMAZ: journalist for Yedinci Gündem. Case opened at the Beyoglu
Penal Court for an article entitled “HADEP may take a mediator role” based
on an interview in another newspaper, Hürriyet, with a HADEP leader
published in June 2002. Charged with insulting the armed forces. Also charged
are Yedinci Gündem owner Hidi Ates, and editor-in-chief, Hunkar Demirel.
*Sinan KARA: journalist for the Dogan News Agency and owner of the local
Datça Haber. Sentenced to a heavy fine and 3 months sentence on 27
August 2002 for not sending copies of his newspaper to the Governor’s office
for scrutiny. Due to be imprisoned 2 September 2002. Also sentenced to nine
years in prison for 17 instances of insult to the mayor of Datça but
the sentence was converted to a fine. He is appealing against this decision.
*Nuri KARAKOYUN, Tahsin UYAN: owner and editor-in-chief respectively
of Azadiya Welat, a Kurdish weekly. Indicted in late November 2002 for an
article published in Zaza containing comments by imprisoned PKK leader, Öcalan.
Charged under Article 6/2 of Law 3713.
Gulcan KAYA (f): editor of the MEM publishing house. 1) On trial in June
2001 for publishing Mahsun Safak’s book Uluslarararsy Komplo ve Onderliksel
Gelisme (The International Plot and the Development of Leadership). 2) Also
on trial in June 2001 for publishing essays by Ali Sapan, entitled Ykiz Kizel
Ates (Twin Red Fires). 3) On trial in May 2002 before the Istanbul State
Security Court on Charges of disseminating propaganda for publishing an article
by Freedom of Demcoracy Congress of Kurdistan (KADEK) Abdullah Öcallan,
formerly leader of the PKK. Trial adjourned to 16 August 2002 to allow time
for Öcallan to be interviewed in his prison cell about the article.
See Ayhan Dogru above and below.
Abdullah KESKIN: Publisher. Trial started 3 April 2002 under Article 8 of
the Anti-Terror Law for the Turkish publication of a book by US author and
former Washington Post correspondent, Jonathan Randal entitled After Such
Knowledge, What Forgiveness? My Encounters in Kurdistan. Originally published
in English in 1997 and subsequently also translated into Farsi, Italian and
Arabic. Charges appear to relate to the author’s references to “Kurdistan”
in a number of passages. On 31 July 2002, the trial ended with Keskin being
found guilty and sentenced to six months in prison, converted to a fine.
Adnan KESKIN: journalsit for Radikal. Trial started in May 2002 before the
Istanbul State Security Court for an article published 25 March 2002 entitled
“Petitioners are worse than gangs”. The article compared the heavy sentences
that can be served against students who had petitioned for Kurdish education
rights (up to 22 years in prison) with those for gang members (up to 2 years
in prison). He is accused under Article 6 of the Anti-Terror Law of identifying
officials as a target for terrorist organisations. Next hearing was due 26
June 2002.
Cumhur KILIÇÇIOGLU: owner of Mücadele. Trial started on
4 June 2002 at the Siirt Penal Court for an article published 14 January
2002 entitled “A judge who takes presents will do what you want”. Charged
with insult to the judiciary. Trial opened on 4 June 2002 and adjourned to
a later date. PEN seeking details.
*Salim KOÇAK: writer. Called for investigation on 26 November 2002
to the Ankara State Security Court for his book I am also a Follower of Tayyip.
Charged for incitement under Article 312 of the Penal Code.
Selma KOÇIVA, Muammer AKYÜZ: author and publisher of the Tum
Zamanlar Publishing House respectively. Koçiva’s book Lazona – the
Reality of the Laz People, was confiscated at the end of January 2002 and
charges laid against her and publisher Akyüz under Article 312 of the
Turkish Penal Code (incitement to hatred and enmity). Trial started 3 April
2002 and several hearings already held. Next set for 23 September 2002.
PEN seeking details.
Ersen KORKMAZ: editor-in-chief of Demokrat Isenderun) Trial under way on
8 October 2002 before the Penal Court regarding reports n the trial of alleged
rape in detention of two women. Said to have reported on in camera sessions
although defendant claims that this information had been public. Adjourned
to 26 December 2002.
Ahmet ÖNAL: owner of the Peri Publishing House. 1) Trial opened in June
2001 for a book by Mahmut Baksi (deceased) Bir Kürt Isadami: Hüseyin
Baybasin (A Kurdish Businessman: Hüseyin Baybasin). Charged under Article
312/2 of the Turkish Penal Code, Baksi was sentenced to 28 months in prison.
However, as he is no longer alive, the charges were transferred to his publisher,
Önal. The book is an account of the businessman’s role in alleged drug
smuggling. On 17 April 2002 Önal was given a TL 5.57 billiion fine 2)
On trial in June 2001 for publishing a collection of interviews with people
in exile compiled by human rights activist Ms Evin Aydar Cicek entitled Tutkular
ve Tutsaklar (The Passions and the Prisoners). Seen as “insult to Ataturk”.
Trial ongoing in August 2002. 3) Trial to take place on 19 August for
book by M. Erol Coskun Acinin Dili Kadin. Under article 312 of the Penal
Code. Many other books published by the Peri Publishing House are banned.
*Mehmet ÖZCAN: editor-in-chief Akit. Acquitted in April 2002 of charges
of insult under Article 312 of the penal code related to a 25 November 2000
article entitled “The Headscarf General and Teacher Saim”. On 29 November
2002 the Istanbul State Security Court overturned the acquittal and a new
trial is imminent.
Erol ÖZKORAY, Nur DOLAY: Owner and editor-in-chief of the magazine Idea
Politika.1) On 12 October 2002, the case against Özkoray and Robert
Menard, director of Reporters sans Frontières continued before the
Isisli Penal Court under Article 159 of the Turkish Penal Code for articles
published in Idea Politika entitled “Turkey Betrays Itself”, “RSF:
the Turkish regime is Schizophrenic” (an interview with R. Menard of RSF),
. The hearing was postponed to 28 May 2003. 2) The Istanbul Penal Court also
heard on 12 October 2002 charges against Özkoray for articles entitled
“Turkey is Bored”, “Turkey’s Flop – Pandemonium”, “What is the Army Good
For?”, “The Penal Code Versus Ideas” and “European Cyprus – Middle Eastern
Turkey”. This case was adjourned to 27 December 2002. 4) Separate trial against
Özkoray and journalist Nur Dolay continued in November 2002 at the Istanbul
State Security Court for an article entitled “Kurdish Wound”. Both are resident
in France.
*Mehmet Erin SERT, Emin KARACA, Dogan ÖZGÜDEN: editor of the journal
Writing in Europe and in Turkey, and writers respectively. Trial to start
regarding an article “Reminiscenes on the 30th Anniversary” by Karaca published
April 2002, and “30 Years later” by Dogan in the same issue. The articles
refer to the execution of three leaders of the revolutionary left youth movement
Progressive Youth in the 1970s. Charged with insult to the armed forces under
article 159 of the Penal Code. First hearing set before the Istanbul Penal
Court No2 on 26 November 2002. Özgüden has been living in exile
since the 1970s in Belgium where he is now editor of Info-Turk.
Fatih TAS: editor of the Aram publishing house. 1) Trial under way in April
2002 for a book entitled Language of Life in the Mountains by Halil Uysal.
Charged under Article 169 of the Penal Code for supporting the PKK. On 24
July 2002 he was found guilty and sentenced to 45 months in prison, converted
to a fine. 2) Trial opened at the Istanbul State Security Court on 2 May
2002 for publication of a book by Selçuk Sahan deemed to be supporting
an illegal organisation. Hearing adjourned to 18 July 2002. PEN seeking further
details. 3) Charged in November 2001 by the Istanbul State Security Court
for publishing a book of articles by American author Noam Chomsky entitled
US Interventions. Trial held on 13 February 2002, at which Chomsky was attendant,
ended with Tas’ acquittal. Thought to be on trial for a total of seven books.
Nejdet TATLICAN, Fulya Çigdem AYDOGAN, Eren GÜVENER, Semra UNCU,
Nejdet ÇOKAN, Mustafa DOLU, Müjgan AKKUS, Saffet Serdar AKBIYIK,
Atilla DISBUDAK: Journalists and editors working for Hürriyet, Milliyet,
Sabah, Aksam and Star. Went on trial on 21 August 2001 at the Istanbul State
Security Court for having made “propaganda” for criminal groups. The defendants
claim only to have used quotations. [see other references to Güvener
elsewhere] Trial still in process June 2002.
Güler YILDIZ (F): former editor-in-chief of Cinar in Mersin. Sentenced
for the second time to 10 months in prison for an introductory article to
Nadire Mater’s Mehmet’s Book. Her original verdict passed in June 2001, was
quashed. However, this decision was overturned and returned to court. It
was finalised on 24 June 2002. Mater and her publishers’ were themselves
acquitted in October 2000. PEN is seeking information as to whether Yildiz
will be required to go to prison.
*Ragip ZARAKOLU: publisher, Belge Publishing House. Brought to trial on 15
July 2002 on charges under Article 312 of the Penal Code for an article entitled
“The New Racist Attacks in Turkey”, a critique of ultra nationalism. Trial
continues.
Attacked
*Mehmet Sah AYAZ: editor-in-chief of the local Batman Express. Allegedly
set upon by three unknown men outside his home suffering head injury.
Thought the attack linked to his criticism of local business activities.
Suspended sentences/fines
*Nizametin Taylan BILGIÇ: editor-in-chief of Evrensel. Convicted
on 24 September 2002 by the Istanbul State Security Court to 20 months in
prison, reduced to a fine under Article 312 of the Turkish Penal Code. Accused
for an article published January 2002 entitled “The Kurdish Question is a
Problem for all Workers”. On 1 October 2002, Bilgiç was fined
alongside journalist Serpil Kurtay for an article an article criticising
a public prosecutor. On 22 October 2002 acquitted of support for an illegal
organisation in an article entitled Support for America in the Name of Democracy”
published in 2000.
*Abdurrahman DILIPAK: journalist for the daily Vakit. Sentenced by the Istanbul
State Security Court to two years in prison, reduced to 18 months suspended.
Charged under Article 312/2 of the Turkish Penal Code for an article dated
23 June 2000 in the weekly Cuma that criticised the closing of Koran schools.
He is appealing the sentence.
Sentenced: free pending confirmation
Asiye Güzel ZEYBEK (f) arrested 22 February 1997 during a demonstration
protesting alleged links between Mafia and government. Zeybek, (born 1970)
editor-in-chief of Atilim, is specifically accused under Article 168 of the
Penal Code with connections with the Marxist-Leninist Communist Party. The
indictment dated from 21 June 1994 accused her of running and distributing
the MLCP journal Isçinin Yolu [Worker’s Path], as well as being an
organiser of the movement’s activities. Formally charged on 7 March
1997. Trial proceedings began in late 1997. It was still under
way on 5 June 2002 when she was freed pending a final court hearings. On
16 October 2002, Zeybek was sentenced to 12 ½ years in prison. By
then she had left Turkey for Sweden where she was a recipient of the Tchukolsky
Award. The award allows a six-month stay in Sweden and a stipend. A further
appeal is being made. Torture claims: During a trial hearing on 8 October
1997, Zeybek claimed to have been raped while under interrogation at the
Istanbul Security Directorate Political Department. On 24 October 1997 her
complaint against 8 policemen was accepted following a report confirming
the attack from the Psycho-Social Traumatology Centre in Istanbul. The officers
were brought to trial in November 1998 in Istanbul. In a hearing of the case
on 1 December 1999, all those charged alongside Zeybek were reported to be
remanded in custody. On 1 November 2000, it was decided not to proceed with
the prosecution of the eight policemen. Zeybek was reportedly hit by bullets
in her back and leg during a police raid on her prison in December 2000.
She suffered temporary paralysis and retains injuries. Zeybek is an Honorary
Member of: Swedish PEN, English PEN, Netherlands, San Miguel Allende, Ghanain,
American, Swiss Romande, Canadian PEN
Released
Azad ADIYAMAN: journalist for Yedinci Gundem. Trial opened on 26 June 2002
at the Adana SSC on charges of damage to public property during a demonstration
earlier in the year. Adiyaman contests the police version of events, saying
he had attended the meeting as a journalist and had already been acquitted
of damage at an earlier trial. Hearing adjourned to 21 August 2002 and then
to 16 October 2002 when he was acquitted and freed.
Sadik ALBAYRAK: Journalist for Milli Gazete. Appeared on 5 February 2002
at the Istanbul State Security Court to hear charges of “separatist propaganda”
for his July 2000 article “What a State of Mind?” on a decree regarding civil
servant code of conduct. A second hearing held 18 April 2002 was adjourned
to 4 June. The case was dropped on 18 June.
Ahmet ALTAN, Murat TUNALI: writer and editor-in-chief of Aktüel respectively.
The Istanbul Public Prosecutor levied charges against the two men c. 29 June
2001, demanding 12 years in prison for articles appearing in Aktuel in November
2000. They are entitled “All generals in Turkey should turn back to their
barracks”, “Try the Generals, Name the Authors”, “From Sarikamis to the Mediterranean”
and “Nights Over There”. Both are accused of “having insulted the armed forces”.
Trial hearings started in late 2001 at the Istanbul Penal Court. They were
acquitted on 15 November 2002.
Irfan AYDIN: journalist for Yedinci Gündem. Trial opened at the Diyabakir
State Security Court on 22 May 2002 where Aydin is accused of involvement
in a demonstration in Batman on 15 February 2002. Aydin claims he was present
solely as a reporter and had been beaten by police. Acquitted on 19 September
2002 due to “lack of evidence”.
Enis BATUR, Irfan SANCI: writer and owner of the Sel Publishing House respectively.
Trial opened on 7 May 2002 before the Istanbul Penal Court No 2 against the
book Apple accused of being against public morals. Trial adjourned to a later
date and subsequently acquitted.
Muggades ÇELIK (f): publisher. On trial for 1) Asiye Guzel Zeybek
(see below) book Rape Under Torture under Article 168 of the Turkish Penal
Code. 2) Our Cakir. The Life of A Revolutionary, about Çelik’s husband,
killed in 1980. Charged under Article 169 of the Turkish Penal Code for “disseminating
enemy propaganda”. Acquitted.
Can DÜNDAR, Hazim Oktay BASER, Eren GÜVENER, Selam ÇALISKAN:
writer for Milliyet and Milli Gazete, owner of Milliyet, owner of Milli Gazete,
and journalists respectively. Trial started on 13 November 2001 at the Istanbul
State Security Court for articles appearing in Milliyet and Milli Gazete.
All are accused for an article by Dündar published in April 2001 seen
to breach the Anti-Terror Law. The article entitled “European Call on the
Turks: Be Flexible” is seen to have “shown the Justice Minister Hikmet Sami
Turk as a target for illegal organisations”. All were acquitted on 10 September
2002 by the State Security Court. [For more on Güvener and Çaliskan
see elsewhere]
Perihan MAGDEN: Journalist for the daily Radikal. Went on trial at the Istanbul
State Security Court on 9 May 2002 with Hasan Çakkalkurt (see sbove)
for an article on prison conditions published August 2001. Hearing adjourned
to 25 July 2002. Acquitted on 24 October 2002.
Closed cases
The following cases were closed due to lack of further information. Presumed free.
Mehmet BONCUK, Halil SAHIN: reporter and editor in chief of Life at the Euphrates. Judicial proceedings opened 24 July 2001.
Mustafa DÖKÜLER: editor in chief of Yeni Asya International. Originally
acquitted in October 2001 of the charge of incitement to hatred and enmity
by religious discrimination. However, this decision overturned by the prosecutors.
Ali Kemal KAHRAMAN: editor in chief of Özgür Gelecek. On trial in September 2001 under article 169 of the Penal Code.
Gültkin KAYA, Ugur YILDIRIM: editor-in-chief and reporter respectively
of Yeni Aydinlik. Trial started on 9 November 2001 alongside noted lawyer
Eren Keskin.
Songül KESKIN (f): editor at the Avesta Publishing House. On trial in
June 2001 for Kurdistan Tarihi (A History of Kurdistan). Also on trial in
June 2001 for Celile Celil’s Kürt Aydinlanmasi (Kurdish Enlightenment).
Nahide KILIÇ (f): publisher of the book Voices of Courage published
by the Women Workers’ Union Bulletin, of which Kiliç is editor. Book
seized in August 2001 and case opened c. 17 September 2001.
Sinami ORHAN: Writer for the Islamic Akademya, closed down in 1999. Arrested
on 17 August 2001 and faced trial on charges of “separatist propaganda”.
Aykut SAHIN: editor in chief of Özgür Üniversite (Free University). Arrested in Zonguldak on 17 December 2001..
Emine SENLIKOGLU (F): writer. 1) An appeal court on 4 October 2001 confirmed
a 20-month sentence served against the writer by the Izmir State Security
Court. She is convicted under Article 312 of the Turkish Penal Code for a
speech made on Klas TV on 15 May 2000 said to be an “incitement to enmity
and hatred”. 2) a second charge was levied against her under Article 159
of the Penal Code in November 2001 for the same article. This charge relates
to a reference to the wearing of headscarves
Erdal TAN: owner and editor in chief of the journal Genç Direnisçi.
Sentenced to four years, 10 months, and ten days in prison for an article
published in May 1999. No further details and unclear if free pending appeal.
Erdal TAS: editor-in-chief of the banned Yeni Gündem. Trial started
against him and human rights lawyer Ms Eren Keskin at the Beyolgu Criminal
Court No 2 on 15 June 2001.
TURKMENISTAN
Investigation
Nikolai GERASIMOV: correspondent for the Azerbaijan Azerpress news agency,
and contributor to Akhal Durmushi (Akhal Life) and Neytrlniy Turkmenistan
(Neutral Turkmenistan), as well as the recently closed Khalk Sesi (The Voice
of the People). Arrested 7 November 2000, and summarily sentenced to five
years in prison on charges of fraud. Details not available. Other sources
suggest that he may have been convicted on charges of espionage linked to
his reporting on an exhibition on Caspian oil and gas held in Baku.
Sources in the region are facing great difficulty in getting clarification
of the case, hampered by reports that the authorities are penalising any
person who passes information on the case. Recent reports suggest that Gerasimov
is suffering psychiatric disorder.
UKRAINE
Killed: investigation ongoing
Georgiy GONGAZDE: age 31. Editor of the internet newspaper Ukrayinskaya Pravda
(Ukrainian Truth). Disappeared in the evening of 16 September 2000. His disappearance
could be linked to his web-site’s coverage of reported corruption by government
officials. In November 2000, a decapitated and severely mutilated corpse
was discovered in Taraschanskyi, close to Kiev later found to be that of
Gongadze. On 28 November 2000, Olexander Moroz, the leader of the Opposition
Socialist Party accused President Kuchma of being implicated in the disappearance,
citing audio tapes in which the President is said to have called for Gongadze’s
elimination. On 2 February 2001, the Prosecutor General denounced the tapes
as being fabricated. In May 2001 the Minister of the Interior claimed that
the bodies of two persons assumed to have assassinated Gongadze had been
found and again stated that the killing of Gongadze had not been political.
On 25 July 2001 the Ministry of Health conceded to Gongazde’s mother’s demand
that his body not be buried until further forensic tests could be carried
out. In July 2001, the OSCE posthumously honoured Gongazde for his contribution
to journalism and democracy. A new investigation was opened by the
Prosecutor General on 11 July 2002. On 2 August 2002 Gongadze’s widow
filed a case against the prosecutor general for breaching her rights in the
course of the investigation. On 14 September 2002, the Ukraine Prosecutor
General admitted that the killing had been “political” and that a team of
US experts were expected to join his office to conduct an investigation into
the Presidential body-guard’s tape recordings. Yet in December 2002 the Prosecutor
General’s office stated that it thought that Gongadze’s murder was a “set
up” by government opponents seeking to undermine President Kuchma.
Killing: investigation
*Mikhailo KOLOMIETS: director of the Ukrainski Novnyny news agency. Age 44.
Disappeared on 28 October 2002. His newspaper believes that his disappearance
may be linked to his sometimes critical reports on the Ukraine government.
Last heard on 28 (or 21) October when he made a call to his family supposedly
from Belarus. Founded Ukrainski Novyny in 1997. On 18 November 2002,
the Ukrainian Ministry of the Interior announced that Kolomiets’ body had
been found hanging from a tree in Belarus, suggesting suicide. Kolomiets’
supports remain convinced that he was murdered.
Town arrest
Oleg LIACHKO: editor-in-chief of the opposition Svoboda. Arrested 15 April
2002 on after he had refused to attend a trial a week earlier to hear charges
that he had defamed a senior prosecutor. He was released on 23 April after
signing a pledge that he would not leave they city of Chervasky pending his
trial. PEN seeking details of progress of the case.
Threatened
*Andriy BANYUK: journalist for Ukrayina Moloda. Claims that he has been receiving
constant threats for the past three years were brought to the prosecutor
with a request for investigation on 10 December 2002. The threats are said
to be linked to Banyuk’s reporting on both local and national authorities.
*Olena PRYTULA (F): editor-in-chief Ukrayinska Pravda. Granted police protection
in mid-September 2002 following threats related to her investigations into
the murder of Georgiy Gongazde (above).
UNITED KINGDOM
Threat of deportation
*Mendes NAZER (f): Sudanese woman who escaped from the home of a Sudanese
diplomat in London where she had worked as a domestic servant. She claimed
to have been subjected to abuse, and subsequently wrote a book claiming that
she had been abducted as a teenager and sold into slavery. This book, published
in Germany, accused specific individuals of involvement in slavery and she
feared retribution if forced to return to Sudan. In October 2002 the UK immigration
service refused her application for asylum. However, on 11 November 2002
the decision to turn down her application was reversed.
UZBEKISTAN
Main Case
Muhammad BEKZHON (BEKJANOV)
Profession: former journalist Date of arrest March 1999 Sentence 15 years Expires March 2014
Details of arrest: Deported from Ukraine in March 1999 on accusation of involvement
in a series of explosions in Tashkent. Several others arrested in connection
with these events. (see Makhmudov, below) Trial details: It is thought that
his arrest is linked to his association with the exiled opposition leader
Muhammed Salih and that the charges are linked to his work on Erk, the opposition
party’s newspaper, although it has been banned since 1994. Some of
the defendants have testified to having been tortured under interrogation
including beatings, electric shock and threat of rape of female family members.
Professional details: Former contributor to Erk. Brother of exiled opposition
leader, Muhammad Salih Place of detention: Navoy Prison Colony. Health concerns:
reports of torture lead to concern for well being. Relatives who visited
in early 2001 claim to have been alarmed by his state of health and reported
that he requires crutches. Other Details: Brother Rashid Bekzhon arrested
alongside him. Another brother, Komil Bekzhon, a farmer with no known political
connections, disappeared in May 1999. Honorary Member: English PEN.
Mamadali MAKHMUDOV
Profession: writer and opposition activist Date of arrest 19 February 1999 Sentence 14 years Expires 3 August 2013
Details of arrest: Arrested 19 February 1999 after a series of explosions
in Tashkent. Several others arrested in connection with these events. Trial
details: Held in incommunicado detention from February to May 1999. Subsequently
charged 1) Article 158 Uzbek Criminal Code – Threatening the president and
2) Article 159.3 UCC – Threatening the constitutional order. It is thought
that his arrest is linked to his association with the exiled opposition leader
Muhammed Salih. However access to key documents has been denied. Appears
that some of the charges against the defendants are linked to their writings
in and distribution of Erk the newspaper of the opposition Erk party, banned
in 1994. At the trial, Makhmudov testified to having been tortured under
interrogation including beatings, electric shock and threat of rape of female
family members. On 3 August 1999, sentenced to 14 years. Professional details:
Well-known writer. Member of the Uzbek Writers Union and Uzbek Cultural Foundation.
Previous political imprisonment: imprisoned between 1994 and 1996 for alleged
embezzlement and abuse of office, charges which at the time were considered
by PEN and Amnesty International to have been fabricated and that his arrest
was because of his association with Salih. This view supported by the United
Nations Working Group on Arbitrary detentions. Place of detention: Transferred
from Navoi prison to the medical centre at Tashkent prison around March 2001.
Subsequently moved on to Chirchik prison where the conditions are said to
be less harsh than at Navoi. Reportedly transferred to a hospital wing on
3 July 2002. Health concerns: reports of torture lead to concern for well
being. Hospitalised July 2000 presumably for facial and throat surgery. Thought
to have resulted from extreme ill-treatment and neglect in Jaslyk camp where
previously held. Honorary Member: English, American, Canadian, Netherlands
and USA West
Yusif RUZIMURADOV
Profession: leading opposition party member and editor-in-chief of Erk Date
of arrest March 1999 Sentence 8 years Expires March 2008
Details of arrest: Deported from Ukraine in March 1999 on accusation of involvement
in a series of explosions in Tashkent. Several others arrested in connection
with these events. (see Makhmudov, above) Trial details: Sentenced 18 August
1999 to eight years in prison on charges of attempting to “overturn the government
by force”, “membership of an illegal organisation” and “slander” of the Uzbek
President. It is thought that his arrest is linked to his association with
the exiled opposition leader Muhammed Salih and that the charges are linked
to his work on Erk, the opposition party’s newspaper, although it has been
banned since 1994. Some of the defendants have testified to having
been tortured under interrogation including beatings, electric shock and
threat of rape of female family members. Professional details: Former
editor-in-chief of Erk and leading member of the Erk opposition party. Place
of detention: not known to PEN. Health concerns: reports of torture lead
to concern for well being. Honorary Member: English PEN
Disappearance – investigation
*Mutabar TAJIBAYEVA (f): journalist and human rights activist. Reportedly
“disappeared” with her daughter around 6 December 2002 when she failed to
appear before the Altyaryk District Court. Tajibayeva, a known human rights
reporter and contributor to the Institute of War and Peace Reporting and
head of the Ferghana based human rights group Ut urakla (Fiery Hearts). Apparently
Tajibayeva was planning to hold a demonstration before the Uzbek parliament
on 8 December on human rights abuses. She had been called to the court to
answer charges of “disturbing public order” and “establishing an illegal
organisation” (Ut Urakla is not registered.)
Brief Detention
Ruslan SHARIPOV: President of the Union of Independent Journalists
of Uzbekistan, and correspondent for the Russian based Prima news agency.
Chair of Ezgulik (Human Rights Society of Uzbekistan) press agency. Briefly
detained on 10 August 2002 following a press release by the human rights
group Ezgulik on its report on deaths in detention of religious believers.
Has suffered a series of attacks in recent years for his reporting on human
rights.
In hiding
Evgeny DYAKONOV: journalist and writer for the “zone” internet magazine.
Sources say that since February 2002 he has lived under heavy surveillance
and has now gone into hiding. On 29 March 2002, a relative of Dyakonov suffered
a serious beating. Reluctance to hold an investigation into the attack leads
observers to conclude that it is linked to attempts to silence Dyakonov.
The pressure is said to be such as Dyakonov’s father fled Uzbekistan after
learning that an arrest warrant had been issued against him in connection
with his son’s activities. The attacks are apparently linked to articles
Dyakonov has published in “zone” and for his book Mentoviada.
Case Closed
Majid ABDURAIMOV: Journalist for Yangi Asr. Arrested in Sukhandarya on 10
March 2001 reportedly for accepting a $6,000 bribe. Thought that his arrest
may be linked to articles he wrote on corruption in January 2001. Case closed
due to lack of further information.
Tulkun KARAEV: journalist for the Moscow-based Prima news agency and member
of the Kashkadarya Regional Council of the Society of Human Rights in Uzbekistan.
Arrested at Tashkent airport c. 19 March 2001 on his return from a human
rights meeting in Yekaterinburg. Case closed due to lack of further information.
YUGOSLAVIA (FEDERAL REPUBLIC)
Serbia
Death threat
*Natasa ODALOVIC (f): journalist for Radio Free Europe/Radio Liberty and
the weekly Danas. Under surveillance from 12 July 2002 following an article
in which she claims to have been informed by a leading government official
that the Serbian prime minister Zoran Djindjic was ordering “contract killings”.
She fears for her own safety.
On Trial
Sljko BODROZIC: editor of Kikindska novina. On trial on 24 April 2002 on
charges of slander of the former head of the Socialist Party of Serbia caucus
in an 11 January 2002 article. Trial resumed on 8 May.
Case closed
Veselin SIMONOVIC: Editor-in-chief of Blic. Criminal libel charged levied
17 December 2001. Accused for an article giving the names of over 362 police
officers who are said to be on a list of witnesses required by The Hague
Tribunal investigating crimes against humanity. 19 police have issued complaints
against the newspaper.
MIDDLE EAST
EGYPT
Main case
Dr. Saad Eddin IBRAHIM
D.o.b.: 1939 Profession: Professor of political sociology at the American
University in Cairo, Director of the Ibn Khaldoun Centre for Social and Development
Studies, and writer. Details of arrest: Dr. Ibrahim was arrested on 30 June
2000. Released on bail on 10 August 2000, and on 24 September he and 27 other
staff members from the Ibn Khaldoun Centre including the centre’s chief accountant
Nadi Abd-al Nur and her assistant Usama Hammad were formally charged with
a variety of offences stemming from their work to promote voter participation
and election monitoring of the parliamentary elections that took place in
November 2000. Details of trial: Sentenced on 23 May 2001 by Egypt’s state
security court to seven years’ hard labour. The charges against Ibrahim are
believed to have focussed on the Ibn Khaldoun Centre’s acceptance of an allegedly
illegal grant of $250,000 from the European Commission, part of which was
used to produce a film alleging voter intimidation in the 1995 Egyptian parliamentary
election. The 27 co-defendants on trial with Dr. Ibrahim received prison
terms of between one and five years, nine of which were reportedly suspended
sentences. There have been concerns that the trial process fell short of
international standards of fairness. Dr. Ibrahim was transferred immediately
from court to prison. On 6 February 2002 the Court of Cassation accepted
Dr. Ibrahim’s appeal against the military decree under which he was convicted,
and ruled that he and his colleagues should have the right to a re-trial
by the State Security Felony Court in another district and by a new judicial
body. Dr. Ibrahim was subsequently freed. His re-trial began on 27 April
2002. On 29 July 2002, the State Security Court upheld the original sentence
and Dr. Ibrahim was returned to prison. An appeal was filed to the Egyptian
authorities under Article 784 of the Egyptian Criminal Code, which allows
for delays in punishment in cases where its continuation would further threaten
the health of the detainee. The hearing took place on 3 December 2002, at
which the court ordered a retrial to take place on 7 January 2003. It is
believed that the trial is likely to last for several months. Dr. Ibrahim
is currently again free pending trial. Professional details: Dr. Ibrahim
has dual American and Egyptian citizenship and has taught at the American
University in Cairo for many years. His publications include Escaping the
Back Alley of History (Cairo: Dar Souad El-Sabah and Ibn Khaldoun, 1992),
Racial, Ethnic and Religious Minorities in the Arab World (Cairo: Dar Al-Amin
and Ibn Khaldoun, 1994), Egyptian Childhood: Past and Present, Images and
Practices (Cairo: Ibn Khaldoun, 1995), Egyptian Business Persons: Role and
Images (Cairo: Ibn Khaldoun, 1996). Health concerns: His health is said to
have deteriorated since his detention, and he is said to be suffering from
a degenerative neurological condition. Honorary member of: Canadian, English
and Writers in Exile (American Branch) PEN Centres.
Salah al-Din MUHSIN
D.o.b.: 1949 Profession: Author/publisher. Date of arrest: 23 December 2000
Sentence: Three years’ imprisonment with hard labour. Expires: 22 December
2003 Details of arrest: First arrested at his home in Cairo on 10 March 2000
and books he had written confiscated. On 6 May 2000 Muhsin was charged under
Article 98 (f) of the penal code with “denigration of revealed religions”
and “threatening social peace”. The indictment refers to Muhsin’s publications
Musamarat al-Sama’ (Lecture of the heaven), Mudhakkirat Muslim (Memoirs of
a Muslim) and Irti’ashat Tanwiriya (Shivers of Enlightenment). He was released
in July 2000, but re-arrested on or around 23 December 2000 after a re-trial
was ordered. Details of trial: Muhsin’s trial opened at the State Security
Court for Misdemeanours in Giza on 17 June 2000. On 8 July he received a
suspended sentence of six months’ imprisonment and was subsequently released.
However on 14 December 2000 the office for the ratification of court sentences
accepted an appeal submitted by the prosecution requesting a re-trial. On
23 December 2000 Mohsen was re-arrested at Cairo Interational Airport before
boarding a flight to Turkey. A new trial opened on 20 January 2001, and on
27 January 2001 he was convicted and sentenced. Professional details: Muhsin’s
publications reportedly reflect his views on religious issues, which might
be considered controversial but do not advocate violence or incitement to
hatred. He is a member of the Union of Egyptian Writers. Honorary member
of: Canadian, Netherlands, Ghanaian, English and USA West PEN.
Investigation Cases
Abd al-Mun'im Gamal al-Din `ABD AL MUN'IM: Freelance journalist, born c.
1964, currently facing trial on charges of terrorism before a military court.
He was arrested in February 1993, acquitted in October of that year of being
a member of an illegal Islamist group but issued with a new detention order
and placed in a high security prison. He has been charged along with
106 others of supporting the militant Islamist group al-Gihad (Holy Struggle)
in a trial known as the “Returnees from Albania” trial. On 18 April
1999, the Supreme Military Court acquitted 20 of the 106 including `Abd al-Mun’im
Gamal al-Din. However, he was immediately issued with a new detention
order and was transferred to Istiqbal Tora prison, north of Cairo, which
is closed to visits. Amnesty International is among groups expressing concerns
over his judicial process and is treating him as a possible prisoner of conscience.
His journalism was critical of the government and some believe that this
is what really lies behind his imprisonment. He used to write regularly
for the bi-weekly Al-Sha'b. Still detained as of end June 2002. Held in Rayoum
Jail, south-west of Cairo, and said to be suffering from kidney problems
and asthma.
On Trial
*Shohdy SURUR: Performing arts lecturer, American University in Cairo and
webmaster for the Egyptian newspaper Al Ahram Weekly. Sentence: One year
– on appeal. Details of trial: Arrested in November 2001 and freed pending
trial three days later. Charged with indecency for having placed on the internet
a poem by his father, the controversial poet Naguib Surur (1932-1978). The
poem, written for Shohdy Surur, was published in 1974 and, written in colloquial
“street” Arabic, is entitled Kuss Ummiyyat (Naguib’s Mother’s Cunt). It was
not published in print until 10 years after his death due to its open criticism
of contemporary Egypt which Surur describes as a “whore” on several occasions.
In the poem the poet writes to his infant son pleading that he speak for
his father after his death. Shohdy Surur published the poem on a site dedicated
to his father in 2000. Shohdy Surur claims to be happy with the one year
sentence passed against him on 30 June 2002 believing that he has carried
out his father’s wish, but an appeal was lodged nevertheless. Surur failed
to attend the 14 October 2002 appeal hearing and thus a ruling was handed
down to adopt the previous verdict. Further recourse to appeal is available
upon notification of the court’s decision. Surur, however, has been in exile
in Russia since the trial in June and intends to remain there. Other details:
Shohdy Surur holds dual Russian-Egyptian citizenship. He was born in Moscow
to a Russian mother and an Egyptian father.
Sentenced, free pending appeal
Adel HAMMUDA and Essam FAHMY: Editor and managing editor respectively for
the weekly Sawt al-Umma. Sentenced to six months in prison and a fine of
500 Egyptian pounds ($US110) on 21 March 2002 for libel. The case concerned
a series of articles alleging questionable business practices and financial
misconduct on the part of businessman Nagib Sawiris and his telecommunications
company, Orascom Telecom. According to Hammuda, Sawiris has filed more than
20 law suits in different localities against the journalists, all of which
remain pending. They remain free pending appeal. WiPC seeking an update.
Ahmed HAREDI Muhamed: Editor-in-chief of the on-line newspaper Al Methaq
Al Arabi. Reportedly sentenced to six months’ imprisonment for publishing
allegedly libellous statements against Ibrahim Nafe’e, editor-in-chief and
chairman of Egypt’s largest newspaper Al-Ahram, in a series of articles on
his website in May and June 2000. The case was reportedly brought against
Haredi in July 2000, and he was found guilty of defamation by the Bolak Abu
al-Aila Misdemeanour Court in Cairo on 28 April 2002. He remains free on
bail pending appeal, and the appeal, scheduled for July 2002. PEN seeking
details.
*Mohamed Ahmed ABDO HEGAZY: Student at the Social Service Institution. Arrested
on 5 September 2002 by State Security forces in Port Said, and thought to
have suffered ill-treatment while being arrested. Charged with ‘spreading
rumours that disrupt public security’ following the publication of his poetry.
He appeared before the State Security Court on 7 September 2002, which decided
that he would be detained pending investigation until 18 September. On this
date his detention was extended a further 15 days. He was released on bail
on 16 October 2002.
Case closed
Hussein AL-MATANI: Arrested in May 1999 and sentenced in June 1999 to three
and a half years’ imprisonment with hard labour, reportedly for setting up
a journalists’ union without permission. He was convicted of fraud and “impersonating
a journalist” and establishing a union without state authorisation.
He was also ordered to pay a fine of 501 Egyptian pounds to the government-recognised
Journalists’ Syndicate. Case closed, presumed to be no longer in prison.
Wahid GHAZI and Hossam WAHABALLAH: Editor-in-chief and journalist respectively
with the weekly Al Mowagaha. Sentenced on 25 November 2001 to two years’
imprisonment following proceedings instigated by the High Council for the
Press regarding the publication in June 2001 of articles and photos showing
men and women in “compromising positions” that were considered “offensive
to readers”. The two journalists remain free pending appeal. Case closed
due to lack of information.
Salah QABDAYA, Nabil Rizkallah SADIQ, Hussam SULEIMAN, Muhammad Abdel Fahim
al-NUR and Hisham Mustafa TANTAWI: Editor, cartoonist, and reporters respectively
from the opposition weekly Al-Ahrar. Each sentenced on 16 April 2000 to six
months in prison and fined LE 7,500 (US$ 2,100) for allegedly libelling Muhammad
Fahim al-Rayyan, the chairman of Egypt Air. Rayyan reportedly filed a libel
suit against the five men in 1997 in response to a series of articles and
cartoons published in Al-Ahrar accusing him of mismanagement and corruption.
The journalists remain free pending appeal. Case closed due to lack of further
information.
IRAN
Main Cases
*Hashem AGHAJARI
Profession: Prominent reformist intellectual. Head of the history department
at the Tarbiat Modarress University in Tehran. Date of arrest: August 2002
Details of arrest: Detained in connection with a speech in which he reportedly
rejected demands to “blindly follow” clerical rule. Sentence: He was sentenced
to death for apostasy on 9 November 2002 by the Fourteenth District Court
in the western city of Hamadan. In addition to the death sentence Aghajari
was sentenced to 74 lashes, eight years’ imprisonment and internal exile
and a 10-year teaching ban. On 17 November 2002 Ayatollah Khameni ordered
the sentence to be reconsidered following extensive student protests, and
on 2 December Professor Aghajari’s lawyer lodged an appeal. On 10 December
2002 a senior Iranian justice official reportedly tendered his resignation
in protest against the severity of the sentence. Aghajari remains in detention.
Emadeddin BAQI
Profession: Journalist with the now suspended daily Fath. Date of arrest:
29 May 2000 Sentence: Five-and-a-half years in prison, commuted to three
years on appeal. Expires: 28 May 2003 Details of arrest: Emadeddin Baqi was
imprisoned on 29 May 2000. The Ministry of Information is believed to have
begun legal proceedings against Baqi on 19 March 2000 for publishing information
about the 12 March 2000 assassination attempt on Said Hajjarian, editor of
the reformist daily Sohb-e Emrouz. Baqi is said to have appeared before the
Revolutionary Press Court on 2 April 2000 and charged for acting against
an order issued by the Ministry of Information forbidding the press from
publishing “any unofficial information, rumours, as well as the foreign press’
tendentious analyses of Hajjarian’s attackers”. Baqi had been free on bail
since the trial began in a closed court on 1 May 2000. Details of trial:
Baqi was convicted on 17 July 2000 on a number of charges stemming from his
critical writings, including articles that “questioned the validity of ...Islamic
law”, “threatening national security”, and “spreading unsubstantiated news
stories”. The charges are believed to be based on complaints lodged by a
number of government agencies, including the Intelligence Ministry, the Islamic
Republic of Iran Broadcasting (IRIB), and former security officials, concerning
a series of articles published by Baqi in Neshat implicating Iranian officials
in the murders in recent years of a number of intellectuals and dissidents.
The daily Neshat was replaced by Fath when the former was closed down in
September 1999. His sentence was commuted to three years on appeal on 22
October 2000. Place of detention: Evin Prison, Tehran.
Hojjatoleslam Hasan Yousefi ESHKEVARI
D.o.b.: 1950 Profession: Researcher and journalist. Director of the Ali Shariati
Research Centre and contributing editor of the newspaper Iran-e Farda, banned
in April 2000. Date of arrest: 5 August 2000 Sentence: 7 years Expires: October
2007 Details of arrest: Eshkevari was arrested at his home, a few hours after
he flew into Tehran from a trip to Europe. He was one of a number of Iranian
writers, journalists and academics who attended a conference at the Heinrich
Böll Institute in Berlin on 7-9 April 2000 entitled “Iran after the
elections”, at which political and social reform in Iran were publicly debated.
Eshkevari reportedly learned that a warrant had been issued for his arrest
shortly after the conference, and had since been staying in Germany and France.
Many other prominent Iranian intellectuals who attended the Berlin conference
were arrested and charged. Details of trial: Eshkevari’s trial was held behind
closed doors from 7-17 October 2000 in the Special Court for the Clergy.
He is believed to have been convicted of “acting against national security”
in connection with a speech he gave at the conference, “defaming government
officials in articles”, “starting a campaign against the system”, and “denying
and insulting the holy religion of Islam”. He was also additionally charged
with “declaring war on God”, “being corrupt on earth”, and apostasy, all
of which carry the death penalty, but the latter three charges were overturned.
New charges of ‘propaganda against the Islamic Republic’ and ‘insulting top-rank
officials’ were filed against him at the Special Court for the Clergy, for
which he received a sentence of seven years’ imprisonment on 17 October 2002
– five of which he will have to serve. Health concerns: Eshkevari is an insulin-dependent
diabetic, and there are unconfirmed reports that he has been unable to obtain
insulin in custody. His son allegedly wrote to the Special Court for the
Clergy on 20 June 2002 to request that a medical team be allowed to examine
his father. The SCC reportedly rejected the request the next day. Place of
detention: Transferred to Prison 59, a military detention centre, in April
2001. Held incommunicado until mid-July 2001. Other information: Adopted
by the UN Working Group on Arbitrary Detention in 2001. Honorary member of:
Canadian, Danish, Ghanaian, American and English PEN Centres.
Akbar GANJI
Profession: Journalist. Date of arrest: 22 April 2000 Sentence: 6 years’
imprisonment. Expires: 21 April 2006 Details of arrest: Arrested following
his participation in an academic and cultural conference held in Berlin on
7-9 April 2000 entitled “Iran after the elections”, at which political and
social reform in Iran were publicly debated. Details of trial: Trial started
on 9 November 2000 at the Revolutionary Court in Tehran. On 13 January 2001
he was sentenced by Bench 3 of Tehran’s Revolutionary Court to ten years’
imprisonment plus five years’ internal exile, four years for his attendance
at the conference and six years for other charges, including “spreading propaganda
against the Islamic regime”, for a series of articles he had written implicating
leading figures in the murders of several dissidents and intellectuals in
the mid-late 90’s. On 15 May 2001 an appeal court reduced his 10-year sentence
to six months and overturned his additional sentence of five years internal
exile. However, although he had served the entire sentence, the Tehran judiciary
challenged the appeal court decision and brought new charges against him
in connection with newspaper articles he wrote prior to April 2000. Sentenced
on 16 July 2001 to six years’ imprisonment on charges of collecting confidential
information harmful to national security and spreading propaganda against
the Islamic system. Professional details: Author of the best-selling book
Dungeon of Ghosts, a collection of Ganji’s newspaper articles published in
early 2000, in which he implicated the former president, Akbar Hashemi Rafsanjani,
and other leading conservative figures in the "serial murders" of 1998. The
book is said to have seriously damaged the reputation of Rafsanjani, and
is thought to have been a major factor in the conservative defeat in the
parliamentary elections of February 2000. Place of detention: Evin Prison.
Health concerns: Reported on 21 May 2001 to have been taken to hospital for
medical tests. His condition is believed to be poor, but not serious. Other
information: Recipient of the Canadian Journalists for Free Expression (CJFE)
2000 International Press Freedom Award. Honorary member of: Canadian, American,
Liechenstein and English PEN Centres.
Siamak POURZAND
D.o.b.: 1930 Profession: Journalist and film critic. Date of arrest: 24 November
2001. Sentence: 11 years’ imprisonment. Expires: 23 November 2012 Details
of arrest: Abducted by the Iranian intelligence services on 24 November 2001.
It is thought that his arrest may be connected to his position as manager
of the Majmue-ye Farrhangi-ye Honari-ye Tehran, a cultural centre for writers,
artists, and intellectuals. Pourzand is also known for his articles critical
of the Islamic regime, and is said to have been recently working with Iranian
foreign-based media. His family has not been informed of his whereabouts,
and he has reportedly been denied access to his lawyer and medical assistance
since his arrest. Details of trial: On 6 March 2002, the Iranian authorities
began closed and unannounced proceedings against Pourzand. On 3 May 2002
the Tehran Press Court reportedly sentenced him to eleven years’ imprisonment
on charges of "undermining state security through his links with monarchists
and counter-revolutionaries". It is widely believed that the charges against
him are based on ‘confessions’ which are thought to have been exacted under
duress. The sentence was reportedly confirmed around 7 July 2002 following
an appeal by his court-appointed lawyers. Health concerns: Pourzand suffers
from diabetes and a heart complaint, and was reported on 10 May 2002 to have
suffered a heart attack in prison. Said to have been denied necessary medication
since his detention, and reported by his family to be in a serious condition.
Allegations of ill-treatment: In late July 2002 it was reported that some
days earlier Pourzand had appeared on state television and confessed to espionage
and denounced other intellectuals and writers. He was in apparent distress
and there are concerns that he has been placed under extreme duress. Other
information: Siamak Pourzand is the husband of writer and lawyer Mehrangiz
Kar. Honorary Member: Canadian and American PEN
Khalil ROSTAMKHANI
D.o.b.: 1953 Profession: Translator and journalist with the Daily News and
Iran Echo. Date of arrest: 8 May 2000 Sentence: 9 years’ imprisonment, reduced
to eight years on appeal. Expires: May 2008. Details of arrest: Detained
for his involvement in the Berlin conference held on 7-9 April 2000 at the
Heinrich Böll Institute alongside translator Said Sadr (see below).
Details of trial: Rostamkhani appeared in court on 9 November 2000. He is
thought to be charged with being a ‘mohareb’ (‘fighter against god’), having
‘received and distributed leaflets and press releases from opposition groups
based abroad and of having participated in the organisation of the Berlin
conference, which posed a threat to the country’s security’. He was reportedly
released on bail on 15 November 2000. On 13 January 2001 Bench 3 of Tehran’s
Revolutionary Court announced that he had been convicted and sentenced for
organising the Berlin conference. He remained free on bail pending appeal.
His appeal was heard at Branch 31 of the Supreme Court on 27 August 2001,
and his conviction was upheld though his sentence was reduced by one year.
He was immediately taken into custody. He is said to be seeking a re-trial.
Place of detention: Bandar Abbas prison, southern Iran. Other information:
Has a wife and child in Germany. Previous political imprisonment/problems:
Previously arrested in June 1990 for his membership of the Organisation for
Communist Unity, and sentenced to three years’ imprisonment. Released in
May 1992 under amnesty. Honorary member of: PEN America and Canada.
Said SADR
Profession: Translator and editor Date of arrest: 8 May 2000 Sentence: 10
years in prison. Expires: 7 May 2010. Details of arrest: Detained for his
involvement in the Berlin conference held on 7-9 April 2000 at the Heinrich
Böll Institute. Details of trial: Sentenced in November 2000 for having
participated in the organisation of the Berlin conference, which posed a
threat to the country’s security’. Place of detention: Birjand Professional
details: Has served as editor and translator on a number of publications
since 1979.
*Nasser ZARAFSHAN
D.o.b: 1946. Profession: Author, translator and barrister. Date of arrest:
7 August 2002. Sentence: Five years’ imprisonment (2 years’ for disseminating
state secrets, 3 years’ for the possession of firearms ) and seventy lashes
for the possession of alcohol. Expires: 6 August 2007 Details of trial: The
Judicial Organisation of Armed Forces (JOAF) brought the original complaint
against Zarafshan and arrested him in October 2000. He was released after
a month pending trial. In February 2002 he was tried behind closed doors
by a military court, and was sentenced on 19 March 2002. The presiding judge
was also a prosecutor with the JOAF. Zarafshan has repeatedly denied the
charges against him, asserting that he was simply carrying out his duties
as an attorney, and alleging that the weapons and alcohol were planted in
his office, which was reportedly searched while he was in detention. On 6
April 2002 he reportedly told the Iranian Students News Agency that he would
appeal against the sentence and demand a retrial, adding that ‘the Armed
Forces’ Judicial Department does not have the competence to investigate charges
against civilians.’ However, his sentence was upheld by an appeals court
on 16 July 2002. Zarafshan has reportedly appealed to the Supreme Court and
is currently awaiting a decision. Information as of October 2002 suggests
that such a decision is imminent, and also that he is undergoing medical
examinations to ascertain whether he is healthy enough to face the flogging
sentence. Place of detention: Evin Prison, Tehran. Treatment in prison: Zarafshan
is reported to be in poor health. Professional details: A distinguished member
of the Iranian Writers’ Association (Kanoon), the Committee on Serial Killings
in Iran and the Iranian Bar Association, Nasser Zarafshan is the legal representative
of two of the families of Iranian writers assassinated in November 1998 in
what came to be known in Iran as the ‘serial murders’ case. The action against
Zarafshan is thought to be both in retribution for his criticism of the official
investigation carried out into the murders, and also as a means of silencing
others who seek the truth behind the killings. Honorary member: Norwegian
PEN Centre, Canadian PEN, English PEN.
Threat of arrest
Massoud BEHNOUD
D.o.b.: 1946 Profession: Journalist with the newspaper Asr-e Azadegan (Era
of the Free), which was banned in 1999, and the recently banned Danestani-ha
(Worth Knowing). Issue date of warrant: 5 August 2002. Previous arrests:
Behnoud was arrested on 9 August 2000 Sentence: nineteen months’ imprisonment
and a fine of 20 million Riyals (approx. $US 11,500) Details of arrest: Reportedly
arrested by officials from the Press Court on the basis of more than 50 complaints
about his writing, some of which date from 1997. Detained until 16 December
2000, when he was released on bail. Details of trial: According to press
reports of 28 February 2001 he was sentenced to on charges of “spreading
lies”, insulting government officials, and public morality and alcohol-related
charges. The Court of Appeal upheld his 19 month sentence on 10 September
2001. Health concerns: Said to be suffering from an ulcer and a heart condition.
Free on bail pending trial or appeal
Reza ALIJANI
Profession: Editor-in-chief of the now-banned Iran-é-Farda. Date of
arrest: 24 February 2001 Details of arrest: Arrested for acting “against
state security” and held incommunicado in an unknown place of detention without
access to his family or lawyer until October 2001. Reportedly ‘confessed’
to the charges under psychological pressure. Released on bail on 16 December
2001. He is one of ten journalists whose trial began in camera on 8 January
2002 on charges of “subversive activities against the state” and “blasphemy”.
Both these charges carry the death penalty. Previous political imprisonment/problems:
Alijani has been under pressure from the conservatives for many years. In
January 1999, following the 1998 assassinations of several intellectuals,
he received death threats; he has been summoned before the revolutionary
courts on several occasions for his articles supporting press freedom and
political reform; he was detained in the 1980’s for contributing to a clandestine
publication.
Abbas DALVAND
Profession: Head of Lorestan magazine. Date of arrest: 14 February 2001 Details
of arrest: Reportedly arrested in Khorammabad (south-western Iran) and charged
with defamation, “publishing deceitful articles” and “insult against the
revolutionary and judicial institutions of the state”. Details of trial:
Released on bail on 18 February 2001, and reportedly sentenced to nine months’
imprisonment and banned from practising his profession for three years on
9 May 2001. He remained free until he was reportedly taken into custody on
6 January 2002. Released on bail on 10 March 2002.
*Amir Abbas FAKHRAVAR: Journalist for the now-banned pro-reform dailies Mosharekat
and Khordad. Sentenced by Branch 26 of the Revolutionary Court on or around
the 10 November to eight years in prison for criticising the supreme leadership
of Iran. Fakhravar claims that he was convicted for his book Inja Chah Nist
(‘This Place is Not a Ditch’), shortlisted for the 2001/2 Paulo Coelho Literary
Prize. His is currently deciding whether to appeal the sentence. WiPC seeking
further details.
Ali Hamed IMAN
Profession: Publisher of weekly Shams-é-Tabriz. Sentence: 7 months’
in prison and 74 lashes. Details of trial: Convicted by the Tabriz General
Court, northern Iran, on 16 April 2002 of “publishing lies, stoking ethnic
tensions, and insulting Islamic sanctities and officials” for articles published
in the newspaper. The paper was also banned. He is expected to appeal the
sentence and remains free.
Tahmineh MILANI (f)
D.o.b.: 1960 Profession: Film director and screen-writer. Date of arrest:
27 August 2001 Details of arrest: Detained by Tehran’s Revolutionary Court
for “abusing the arts as a tool for actions which will suit the taste of
counter-revolutionary and mohareb groups”. The charges relate to her new
film ‘The Hidden Half’ (2001), which reportedly focuses on rebel activists
during the political turmoil of the 1980’s following the Iranian revolution.
She was released on bail 2 September 2001. No date has been set for her trial.
Professional details: Other films she has written and directed include ‘What’s
New?’ (1992) and ‘Two Women’ (1999). She is known for taking a firm feminist
stance in her work.
Mohsen MIRDAMADI
Profession: Director of the leading reformist daily Norooz and Member of
Parliament. Sentence: Six months’ imprisonment, banned from practising journalism
for four years and fined 2 million riyals ($US 1,149). Details of trial:
Convicted by the Press Court on 8 May 2002 of “insulting the state, publishing
lies, and insulting Islamic institutions” in articles published in his paper.
The charges had reportedly been filed by the Prosecutor General in December
2001. On 24 July 2002 the 6-month sentence was confirmed. It is not clear
if he is detained. Sources claim it is unlikely that Mirdamadi, also a member
of Parliament, will serve a prison term.
Dr. Reza RAïS-TOUSSI
D.o.b.: 1936. Profession: Journalist with the banned daily Fath. Date of
arrest: 11 March 2001 Details of arrest: Reportedly arrested on 11 March
2001 when security agents raided a gathering at the home of journalist Mohammad
Bastehnaghar (see above). Raïs-Toussi is among fifteen members of the
National Religious Alliance whose trial reportedly began in camera on 8 January
2002 on charges of “subversive activities against the state” and “blasphemy”,
both of which carry the death penalty. He was reportedly held incommunicado
in Prison 59, central Tehran, until he was released on bail on 13 March 2002.
He reportedly suffers from arthritis and a slipped disc, and his health is
said to have worsened considerably in prison. Remains free pending trial.
Hoda SABER
Profession: Co-editor of the now-banned monthly Iran-é-Farda. Date
of arrest: 28 January 2001. Details of arrest: Reportedly arrested on 28
January 2001 and detained incommunicado for over a year in Prison 59, an
unregulated detention centre in central Tehran. One of fifteen members of
the National Religious Alliance whose trial started in camera on 8 January
2002 on charges of “subversive activities against the state” and “blasphemy”,
both of which carry the death penalty. Said to have ‘confessed’ under psychological
pressure. Released on bail on 12 March 2002.
Ezzatollah SAHABI
D.o.b.: 1930 Profession: Managing editor of the journal Iran-e Farda (The
Iran of Tomorrow). Date of arrest: 17 December 2000. Details of arrest: Re-arrested
on 17 December 2000 for a speech he made during an address at Amir-Kabir
Technical University in Tehran on 26 November 2000. At the time of his re-arrest
he was on bail in a separate case (see below). Details of trial: Amongst
fifteen members of the National Religious Alliance to be facing charges of
“subversive activities against the state” and “blasphemy”, both of which
carry the death penalty. Details of these new charges against him are not
clear. The trial started in camera on 8 January 2002, and he was released
on bail on 2 March 2002. Previous political imprisonment/problems: Sahabi
was first detained on 26 June 2000 for his participation in the Berlin conference
held on 7-9 April 2000 at the Heinrich Böll Institute. He was released
on bail on 21 August 2000, but re-arrested on 17 December 2000. On 13 January
2001 it was announced that he had been convicted and sentenced to four-and-a-half
years’ imprisonment for “insulting the Guide [of the Islamic Republic], Ayatollah
Ali Khamenei” and “propaganda against the regime” for his participation at
the Berlin conference. His sentence was reduced to six months’ imprisonment
on 30 December 2001 but he remained detained on new charges until 2 March
2002. Also fined and banned from journalism for one year in December 1998
for publishing “slanderous material”. Previously detained in 1995. Honorary
member of: English and American PEN.
Mohammad SALAMATI
Profession: Publisher of the now-banned reformist weekly Asr-e-Ma. Sentenced
to twenty-six months’ imprisonment on 15 December 2001 for allegedly spreading
a rumour in December 2000 that an attempt had been made to overthrow President
Khatami. Salamati is secretary general of the Organisation of the Islamic
Revolution’s Mujahedin, a member of the coalition supporting reformist President
Mohammad Khatami. He remains free pending appeal.
Ahmad ZEID-ABADI: Journalist for the moderate weekly Hamshahri (The Citizen)
and the now-banned bi-weekly Iran-é-Farda. Sentenced on 17 April 2002
to 23 months in prison on charges of “propaganda against the Islamic regime
and its institutions”. The charges are believed to relate to articles in
which he allegedly advocated “provocative positions that threatened national
security”. Zeid-Abadi was reportedly arrested at his home on 7 August 2000
on charges of “insulting Supreme Leader Ayatollah Ali Khamanei and publishing
lies against the Islamic establishment for the purpose of disturbing public
opinion” following a series of lectures he gave at several Iranian universities.
He was detained for seven months until his release on bail on 8 March 2001.
The case was not pursued by the Iranian authorities until late April 2002,
following an interview he gave to the daily newspaper Bonyan in which he
made controversial statements about the conflict in the Middle East. He remains
free pending appeal.
Investigation
*Abbas ABDI: Director of the Ayandeh public opinion firm. Arrested on 4 November
2002 on charges of ‘having received money from either the US polling firm
Gallup or a foreign embassy.’ The head of court 1410 (known as the press
court) also ordered a search of his house. This followed the publication
of an Ayandeh poll indicating overwhelming support for a resumption of Iran’s
ties with the US by the official news agency. According to an Agence France-Presse
report of 11 November 2002 he is being held in solitary confinement with
no access to his family or to a lawyer. Trial began on 1 December 2002. WiPC
is seeking more details. Professional details: Abdi, a former editor of the
now-closed daily Salam, has worked for many pro-reform newspapers. Previous
detentions: Abdi was detained for 11 months in 1991 for criticising then-president
Ali Akbar Hashemi Rafsanjani.
Mohammad BASTEHNEGAR: Journalist with the banned daily Asr-é-Azadegan.
Arrested on 11 March 2001 when security agents raided a gathering at his
home. The gathering constituted 20-30 supporters of the ‘Iran Freedom Movement’
(‘Nehzat-e Azadi-ye Iran’) and Milli Mazhabi (National Religious Alliance),
a broad and informal group of individuals advocating reform in Iran. According
to the head of Tehran’s Revolutionary Court, the group were “conspiring to
overthrow the Islamic government”. Over twenty members of the group were
arrested, but most were released the following day. Bastehnegar is among
fifteen members of the National Religious Alliance (Melli Mazhabi) whose
trial began in camera on 8 January 2002. Other writers or journalists in
the group are Taghi Rahmani (see below), and Dr. Reza Raïs-Toussi, Hoda
Saber and Ezatollah Sahabi (see ‘free on bail’ below). They are believed
to face charges of “subversive activities against the state” and “blasphemy”,
both of which carry the death penalty. Has been held in solitary confinement,
without access to a lawyer, since his arrest. There are concerns that he
has been mistreated in prison. Held in Prison 59, an unregulated detention
centre in central Tehran.
*Gholam-Heydar EBRAHIMBAY-SALAMI: Editor of the Persian daily Hambastegi,
reportedly found guilty of a series of charges including ‘libel’, ‘publishing
lies’, ‘inciting public opinion’ and ‘propagating against the Islamic Republic’.
The editor faced at least 53 counts of complaints in the court, brought against
him by several institutions including the Islamic Republic of Iran Broadcasting,
the State Inspectorate Organisation and the police, but the jury exonerated
him of most of the indictments and declared him to be deserving of leniency.
He is now awaiting sentence. Salami was first called to appear in court in
July 2002 for publishing articles critical of the lack of security in Iranian
universities as well as alleged restrictions imposed on parliament by the
Iranian authorities. WiPC is seeking further details.
*Behrouz GERANPAYEH: Journalist and Director of the National Institute for
Research and Opinion Polls, formerly worked for the now banned newspaper
Nowrooz. Arrested on 16 October 2002 and reportedly accused of ‘spying’ and
collaborating with the exiled armed People’s Mujahideen movement. Reportedly
detained at an unknown location without charge, with his bail allegedly set
at US $250,000. Allowed to meet his wife on 7 November 2002 for one hour,
who has expressed profound concern at the state of his health. According
to an Iranian daily newspaper, Geranpayeh reportedly requires daily medication.
Reported on 10 November 2002 to be held in an ‘illegal military prison’,
widely thought to be in Evin Prison, Tehran. Trial reported to have begun
on 1 December 2002. WiPC seeking details.
*Hossein GHAZIYAN: University lecturer and director of the Ayandeh Research
Group. Detained by judicial officials on 31 October 2002 following a search
of his Tehran office. The Ayandeh Research Group has since been closed down
according to an order by the judiciary. Although he has been allowed to make
one telephone call to his family, he was unable to say where he was being
held. He has not been charged with any offence. Reported on 10 November 2002
to be held in an ‘illegal military prison’, widely thought to be in Evin
Prison, Tehran. Trial began on 1 December 2002. WiPC seeking details.
*Mohsen GOUDARZI: Director of the National Plan for Assessing Iranians’ Opinions
and Values. Reportedly arrested on 30 October 2002. WiPC seeking further
details.
*Ali-Reza JABARI: Translator and freelance contributor to several independent
newspapers, including Adineh. Reportedly arrested on 28 December 2002 from
his office in Tehran by individuals in civilian clothes. He was escorted
to his home, which was searched, and videos, books and his computer’s hard
drive were seized. He has not been seen since, and his whereabouts are unknown.
His arrest is believed to have been linked to an interview published on 25
December in a Persian-language newspaper in Canada critical of the Iranian
authorities. Jabari is said to have a heart condition. He is a member of
the Iranian Writers’ Association and has translated many Iranian works into
English.
*Fatameh KAMALI-AHMAD-SARAI (f): Managing editor of the weekly Jameh-yi No.
Appeared before a Tehran public court on 21 October 2002 on charges relating
to both the presentation and the content of the newspaper. Jameh-yi No was
said to resemble the banned newspaper Jameh too closely, follow an irregular
publication schedule, and contain ‘numerous offences’ including propaganda
against the Islamic republic of Iran, the insult of religious beliefs and
indecent and obscene material. Kamali-Ahmad-Sarai is married to jailed journalist
Emadeddin Baqi. WiPC seeking further details.
Taghi RAHMANI: Journalist with Omid-é-Zangan. Reportedly arrested
on 11 March 2001 when security agents raided a gathering at the home of journalist
Mohammad Bastehnaghar (see above). Still detained as of end of June 2002,
and said to be held in Tehran’s Prison 59. Among fifteen members of the National
Religious Alliance whose trial began in camera on 8 January 2002 on charges
of “subversive activities against the state” and “blasphemy”, both of which
carry the death penalty. Reported to have confessed to the charges against
him under psychological pressure.
Hechmatollah TABARZADI: Editor of the suspended newspapers Hoviat-é-Khich
and Peyam-é-Daneshjou and student leader. Arrested 19 January 2002
and taken into custody after appearing before the Revolutionary Court on
19 January 2002. No further details. Previously detained on 17 April 2001
and held until he was released on bail on 29 October 2001. WiPC seeking details
of charges against him.
Facing charges
*Alireza FARAHMAND, Iraj JAMSHIDI, Esmail JAMSHIDI, Nushabe AMIRI, Hoshang
ASADI: journalist for Neshat and Tous; editor-in-chief of Eghtesad-e-Asia;
managing editor of Gardon; and journalists for the film magazine Gozarech-e-film
respectively. All reported in early July 2002 by RSF to have been summoned
by the “press court” Court 1410 or called for questioning.
*Abdollah NASSERI: Managing Editor of the government-controlled news agency
IRNA. Summoned by the judiciary on 3 October 2002 after he published the
results of an opinion poll indicating that 75% of Iranians wanted talks with
the United States to resume.
Banafsheh SAMGIS and Mohsen SHARNAZDAR: Freelance writer and editor of Iran’s
Music Supplement respectively. Reportedly being prosecuted in early 2002
and at risk of arrest for a book review written by Samgis and published by
Sharnazdar in his newspaper. The offending article was a review of a book
by writer Tuka Maleki about Iranian women musicians which reportedly scandalised
the conservative clergy.
Released
Abdollah NOURI: Managing director of the daily Khordad. Arrested 28 November
1999 and on 27 November 1999 was sentenced to five years’ imprisonment and
fined 15 million rials (about US$8,600) by the Special Court for the Clergy.
Accused of insulting officials of the Islamic Republic, spreading false reports
and propagating against the Islamic system in Khordad’s news coverage. Also
accused of promoting friendly relations with the US. Released on 4 November
2002 as a result of a pardon from Ayatollah Khamenei following the death
of Nouri’s brother in a road accident.
Case closed
Ahmad GABEL: Journalist for Hayat-é-No. Gabel is also believed to
have written editorials for many reformist publications and regularly gave
interviews to foreign radio stations. Reportedly arrested on 31 December
2001 on the orders of the Special Court for the Clergy. He had been interviewed
by Radio Freedom several hours before his arrest. Gabel is known for his
criticism of the conservative guard, particularly of the leader of the Islamic
Republic, Ayatollah Ali Khamenei. Case closed due to lack of further information.
Fatemeh GOVARAI (f)
Profession: Journalist with the now-banned weekly Omid-é-Zangan. Sentence:
Six months in prison and fifty lashes. Details of trial: Sentenced on 12
October 2001 for “lies and defamation”. The charges are believed to relate
to an interview she gave to the weekly Vlayat. She has appealed the sentence.
Case closed due to lack of further information. Previous political imprisonment/problems:
Arrested on 11 March 2001 when security agents raided a gathering at the
home of journalist Mohammad Bastehnaghar (see below). Govarai was released
the following day.
Ibrahim NABAVI
Profession: Journalist for the now-banned publications Jameh, Tous, and Asr-e-Azadegan.
Date of arrest: 12 August 2000 Sentence: Eight months’ imprisonment Details
of arrest: Reportedly detained after being interrogated by the Press Court.
Released on bail on 18 November 2000. Details of trial: Sentenced on 10 January
2001 by the press court for “deceptive publications, insults against officials
of the regime and unfounded accusations”. He is thought to remain free pending
appeal. Case closed due to lack of further information. Previous political
imprisonment/problems: Previously detained in 1999 for his writings.
Latif SAFARI
Profession: Director of the daily Neshat (Joy) which was banned indefinitely
on 5 September 1999. Date of arrest: May 2000 Sentence: Two and a half years
imprisonment Expires: 20 November 2002 Details of arrest: Charges against
Safari were pressed after the Neshat printed articles opposing capital punishment.
Details of trial: Sentenced on 21 November 1999 to a two-and-a-half-year
suspended jail term and banned from practising journalism for five years.
In May 2000 Branch 34 of the Supreme Court rejected Safari’s appeal for a
re-trial, and he was jailed. Reportedly acquitted in June 2001, but remained
in detention. Presumed freed upon expiry of sentence.
IRAQ
Case closed
Aziz AL-SYED JASIM: Journalist and author. Arrested on 14 April 1991. Reported
to have been taken to General Security Directorate in Baghdad, held in solitary
confinement and tortured. He is thought to have been detained after being
repeatedly asked by members of the Iraqi secret service to write a book on
Saddam Hussein. Jasim reported to have been charged with treason for refusing
to write the book. Iraqi authorities reported in November 1991 that
the case had been investigated and that Jasim was never arrested or charged,
that he was last seen in Karbala City in March 1991 and has since disappeared.
The government claimed he was a firm supporter of the President and enclosed
a cover of Saddam Hussein: a giant on the Rafidain, a book they said he had
written and which proved his loyalty to the government. AI report in March
1993 indicated that the government had then acknowledged his arrest, but
refused to disclose why or where he is held. AI has apparently unconfirmed
reports that Jasim was transferred to Iraqi intelligence headquarters in
Baghdad in July 1992 and that he may have been allowed regular family visits
since, although this has not been confirmed. Case closed due to lack of further
information. Honorary Member of: German PEN.
ISRAEL
Investigation/Administrative Detention
*Khalid Ali Mohammed ZWAWI: journalist for El Istiqlal. Reported to have
been arrested during the night of 15 April from his home in Nablus by Israeli
soldiers . He was taken to the Askalan detention centre. Reported on 31 July
2002 to be in administrative detention in Majedo Prison. PEN seeking further
details.
Released
Kamel Ali JBEIL: Reporter with the daily Al-Quds. Reportedly arrested by
Israeli soldiers on 18 April 2002 and placed under administrative detention
for three months. One of many Palestinians to have been arrested since the
start of the Israeli occupation of Palestinian towns and cities on 29 March
2002. Jbeil’s detention, due to end of 1 July, was extended by a further
three months. Released on 15 September 2002.
JORDAN
Investigation
*Hashem al-KHALIDI: Editor of the Jordanian weekly Al-Bilad. Reportedly arrested
on 17 March 2002 for “spreading news that harmed the image of the state and
its leaders”. He was arrested on a two-week detention order following interrogation
by the State Security Court chief prosecutor in connection with an article
published in his newspaper on 11 March 2002 about a vehicle insurance scandal
alleging government embezzlement of public funds. Believed to face charges
of “publishing false material deemed harmful to the country’s reputation
and that of its citizens”. WiPC checking whether still detained.
*Mamoun AL ROUSSAN: Editor-in-chief of the weekly Al Jazeera. Reportedly
held since 14 August 2002 for publishing an article and a cartoon lampooning
the Qatari authorities. Al Roussan was arrested with the newspaper’s publisher,
Sakher Abu Anzeh. According to their lawyer they are accused of ‘harming
relations with a foreign country’, ‘contempt toward a foreign head of state
and his foreign minister’, and ‘disseminating false reports.’ The charges
arise from a photo montage published on the back page of the newspaper’s
12 August edition portraying the Qatari head of state as a female singer
and the foreign minister as a belly dancer. The charges also stem from an
article published in both Al Jazeera and the weekly Al Chahed about alleged
‘shady ties’ between the Qatari foreign minister and Israel. Abu Anzeh was
released on bail on 15 August 2002 following the authorities’ decision that
he was not responsible for the articles. WiPC is seeking further information
on the case of Al Roussan.
Free on bail pending trial
*Hisham BUSTANI: Journalist and human rights activist. Arrested on 24 December
2002 following the publication of an article in Al-Adab magazine written
by Bustani entitled ‘Mechanism of Oppression: the Jweidah Prison Case’ denouncing
conditions at the prison, near Amman. Thought to have been held at Jweidah
until 29 December 2002, when he was released on bail. The November-December
2002 edition of the magazine has been banned in Jordan and Kuwait.
Fahd al-RIMAWI: Editor in-chief of the political weekly al-Majd. Arrested
on 13 January 2002 on charges of “writing and publishing false information
and rumours that may harm the prestige and reputation of the state and slander
the integrity and reputation of its members” following the publication of
a 7 January 2002 opinion piece critical of the Jordanian government. Released
on bail on 16 January 2002 pending referral to the State Security Court.
WiPC seeking an update on progress of trial.
Released
Toujan al-FAISAL (f): Former journalist and Jordan’s first female member
of parliament. Arrested on 16 March 2002 and sentenced to 18 months’ imprisonment
on the charge of ‘damaging the reputation of the state’ for an open letter
published on 6 March 2002 on the American-based website of Arab Times in
which Ms al-Faisal accused Prime Minister Ali Abu Ragheb of having ‘profited
financially from a government decision to double vehicle insurance rates’.
Released 26 June 2002 under a presidential pardon.
KUWAIT
Twenty-four people were tried for allegedly working for
al-Nida newspaper, an Iraqi government publication, during the 1990/1991
occupation of Kuwait. Tried under martial law and not allowed a government-appointed
defence lawyer until the trial was under way. There was concern, however,
that those tried may have confessed under torture and that they may have
been forced to co-operate with the Iraqi forces. The investigation and trial
were also said to be unfair due to other reasons, including the fact that
the trial took place in only a day, 2 June 1991, and that evidence was based
only on hearsay or secret sources and 'confessions' allegedly obtained under
torture. The following two remain detained:
Main cases
Ibtissam Berto Sulaiman AL-DAKHIL(f)
D.o.b.: c. 1962. Profession: Journalist. Date of Arrest: Summoned for interrogation
in April 1991 and arrested soon afterwards. Sentence: Life imprisonment
Details of Trial: Accused of writing articles for al-Nida and attempting
to recruit journalists. She admits to writing articles, but claims that she
was threatened and told that she and her daughters would be assaulted if
she did not co-operate. Also claims she set fire to the printing press to
prevent Iraqis using it and that she was interrogated and imprisoned after
publishing an article on the Kuwaiti resistance. She says she refused to
‘assist propaganda’ and ‘aided the resistance with the work I did and tried
to stress the Kuwaiti point of view in my writing’. Convicted on basis of
‘secret sources’; she alleges that the prosecutor ‘refused to listen’ to
witnesses in her defence. Articles allegedly written by her were shown to
the court, but not to the defendant. Given death sentence on 15 June 1991,
commuted to life imprisonment on 25 June 1991 after martial law was dropped.
Professional Details: Worked as journalist for al-Qabas newspaper before
Iraqi occupation. Place of Detention: Kuwait Central Prison. Other details:
Iraqi by birth, but was formerly married to a Kuwaiti citizen. Honorary Member:
Scottish and English PEN. Granted release by the Kuwait authorities in 2002
on the proviso that she leaves the country. Believed to be applying for residency
in Europe. Will remain in prison until accepted into another country.
Fawwaz Muhammad AL-AWADHI Bessissu
D.o.b.: c.1960. Profession: Editor. Date of Arrest: February 1991 Sentence:
Life imprisonment. Details of Trial: Given death sentence on 15 June 1991,
commuted to life imprisonment on 25 June 1991 following international protests
and after martial law was dropped. Professional Details: Reportedly
one of the editors of al-Nida and formerly language editor of al-Qabas. Previous
Political Imprisonment/Problems: Claims he was imprisoned by Iraq for a week
for publishing an article translated from Time magazine about how young Kuwaiti
men were preparing to resist the Iraqis and reconstruct Kuwait after the
war. Other Details: Palestinian. He was reportedly theoretically released
in March 2002 and is now awaiting deportation; his family members living
abroad are believed to be trying to find him another country of domicile,
and he is expected to remain detained until a suitable third country can
be found to accept him.
Investigation
*Mohammed Al-Melaifi: Head of Department of Research for the Ministry of
Islamic Affairs, and also columnist for the newspaper Al-Watan. Reportedly
charged in late February 2002 with "insulting the State" in connection with
an interview he gave to ‘Al-Jazeerah’ television, in which he reportedly
expressed concern about Kuwaiti prisoners held in Cuba. These charges are
said to have led to him being dismissed from Al-Watan, and his post at the
Ministry of Islamic Affairs is also believed to be under threat. WiPC seeking
further details.
LEBANON
Facing charges
Saada ALLAO: Journalist with the daily As Safir. Reportedly being prosecuted
for a series of articles published in November 2001 criticising the country’s
legal system. Allao reportedly appeared before the press court on 8 April
2002 accused of “disrespect towards the courts and making insinuations about
a case that is being tried” following a complaint brought by the chief state
prosecutor. He was due to appear in court again on 20 May 2002. WiPC seeking
an update.
Case closed
Raghida DERGHAM (f): New York bureau chief for the London-based daily Al-Hayat.
Currently on trial in absentia in a Lebanese military court on charges stemming
from her participation in a panel discussion with an Israeli official in
May 2000. Case closed due to lack of further progress.
Joseph NASR and Raffi MADIAN: Editor of and contributor to the Lebanese daily
Al-Nahar. On 31 August 2001 Al-Nahar was informed that the army had taken
legal action against the two men for an article written by Madian, an opposition
political figure, which appeared in the 9 August edition of Al-Nahar. The
two men were believed to be accused of defaming the army. The case was scheduled
to be heard on 13 October 2001 at a Lebanese press court. Case closed due
to lack of further progess.
SAUDI ARABIA
Investigation
Abdul MOHSEN MOSALLEM
Profession: Poet and writer. Date of arrest: 16 March 2002 Details of arrest:
Mohsen Mosallem was detained and taken to Jeddah prison six days after the
daily newspaper Al-Madina published his poem entitled The Corrupt on Earth
which accused certain judges of corruption. On 18 March 2002 Interior Minister
Prince Nayef ordered the dismissal of the editor-in chief of Al-Madina, Mohammed
al-Mukhar al-Fal, for publishing the poem. Place of detention: Jeddah prison.
SYRIA
Main case
Nu'man ‘Ali 'ABDU
Profession: Journalist for Lebanese monthly Al-Tarik. Date of arrest: 1992
Sentence: 15 years Expires: 2007 Details of trial: Apparently sentenced in
1993 to fifteen years' imprisonment for his membership of the Party for Communist
Action. Place of detention: Reportedly transferred from Seydnaya prison to
a detention centre in Damascus on 16 November 2000. Health concerns: He is
said to suffer from a chronic open leg wound, according to reports from former
prisoners.
Nizar NAYYUF
Profession: Writer, sociologist and human rights activist. Details of charges:
Charged in absentia on 3 September 2001 with "trying to change the constitution
by illegal means and issuing false reports from a foreign country". The charges
are believed to relate to critical statements made by Nayyuf whilst in France,
where he is currently receiving medical treatment. Nayyuf has given numerous
interviews to the Arab press since his release in which he has criticised
the human rights situation in Syria. Nayyuf’s family were given an ultimatum
by the authorities to either condemn Nizar Nayyuf's statements by 22 November
2001 or face exile, and at the end of November 2001 the Syrian authorities
were preparing to exile the family. Nayyuf's brothers Amjad and Mamdouh Nayyuf
have been dismissed from their positions as teachers, his youngest brother
Hayyan Nayyuf - a student - has been threatened with expulsion
by university officials, and land belonging to their parents, Ali and Douha
Nayyuf, has been seized by the authorities. Previous political imprisonment/problems:
Nizar Nayyuf was previously arrested in January 1992 and sentenced to 10
years imprisonment for his membership of the banned Committee for the Defence
of Democratic Freedoms and Human Rights (CDF), and for "disseminating false
information" via its monthly newsletter Sawt al-Democratiyya (Democracy's
Vote), of which he was editor-in-chief. He was a PEN main case. Nizar Nayyuf
was held in solitary confinement in Mezze Prison, Damascus, and throughout
his detention has suffered from serious medical problems, some of them reportedly
related to torture under interrogation following his arrest. He was released
from prison on 6 May 2001 after serving nine years of his ten-year sentence,
and was permitted to travel to France on 22 June 2001 to receive urgent medical
treatment. Honorary member of: American, English, Finnish, and Slovak PEN
Centres.
Facing charges
*Ibrahim HAMIDI: Damascus bureau chief for the daily Al-Hayat. Arrested in
Syria on 23 December 2002. On 27 December 2002 the government news agency
announced that he will be tried for ‘publishing false news’, a charge carrying
a penalty of up to three years’ imprisonment. The charge is thought to be
linked to a 20 December 2002 article reporting preparations made by the Syrian
authorities to accept Iraqi refugees in the event of an attack on Iraq. On
24 December the newspaper printed an official denial of any such preparations.
It is expected that he will be turned over to the State Security Court and
formally indicted.
Investigation
Aziza SBAYNI (f): Journalist. Reportedly arrested with her sister Shirin
in Damascus in early May 2002 for “having expressed their opinion”, although
no further details have been given.
YEMEN
Investigation
*Aref Mohsen AL-KHEWANI: Journalist for the Yemeni opposition press and also
a non-commissioned officer in the armed forces. Jailed in Sanaa’s central
prison in October 2002, and according to information of the end of November
2002 remains detained without charge or trial. Reportedly imprisoned on the
grounds of ‘mental illness.’ Professional details: Journalist for the Defence
Ministry’s weekly newspaper 26 September until he was dismissed in 1999.
WiPC seeking further details.
Briefly detained
*Ahmed al-HAJ, Khaled al-MAHDI, Faisal MUKARRAM: journalists with Associated
Press, the German newsagency DPA and the Saudi Al-Hayat respectively. Held
for questioning on 9 and 11 July 2002 in Sana’a by a court dealing with media
issues. Accused of publishing “military information without evidence and
without consulting official sources”. Said to be linked to their reporting
on Yemeni army bombing of tribal areas and an assassination attempt on a
leading army official in the north of the country in early July. On 7 July
six other journalists working for the Arab press were warned against articles
on military issues.
On Trial
Hisham BASHRAHEEL, Hassan Ben HASSAINOUN: Editor and reporter respectively
of independent daily Al-Ayyam. Reportedly charged on 15 May 2000 with instigating
“sectarian feuds” and “the spirit of separatism”. The charges are believed
to stem from an article by Hassainoun published on 7 February 2000 in Al-Ayyam
which allegedly criticised the Yemeni authorities for their neglect and demolition
of historical sites in Yemen. The case was reportedly still continuing as
of July 2002.
Released
Abdul-Rahim MOHSEN and Ibrahim HUSSEN: Reporter for the daily Al-Thawri,
the opposition Socialist Party’s newspaper, and freelance journalist respectively.
Mohsen arrested at his home on 23 May 2002, and Hussen at the office of the
Yemeni Unionist Party on 21 June 2002. Released on 2 September 2002 following
a decision made by the West Sanaa Court. Believed to have been held in connection
with a series of newspaper articles written for the weeklies Al Osboa and
Al-Thawri, including some that alleged government corruption, human rights
abuses and restrictions on civil liberties. Reportedly charged on 2 July
2002 with “harming national unity” and “inciting racial, sectarian or tribal
discrimination” under Article 103 of the Press Law.
Case closed
Feras Farouq AL-YAFAI: Editor of the weekly Al-Haqiqah. Convicted on 16 September
2001 of insulting and humiliating a public official. Sentenced to three months
in prison and ordered to pay a 5,000 riyal fine. The sentence stemmed from
an article by Al-Yafai in the 2 August 2001 edition of Al-Haqiqah which falsely
stated that the governor of Aden had resigned his post and fled the country.
The case is currently under appeal. Case closed due to lack of further information.
LIST OF MAIN CASES OR CASES ADOPTED BY PEN CENTRES BY COUNTRY (Those elected by PEN Centres are indicated in brackets)
Current as of 31 December 2002)
1. Shahriar Kabir……………….……………… ……………………BANGLADESH
2. Taslima Nasrin..(Canada, USA West, France, Sweden, Swiss
German, Austria, England, America) .……………………………………………BANGLADESH
3. Yury Bandazhevsky (Norway, Suisse romande)……….……………….BELARUS
4. Viktar Ivashkevich…………………………………………………… BELARUS
5. Mikola Markevich (England, Czech)……………………………..…….BELARUS
6. Pavel Mazheika (England, Czech)…..………………………………….BELARUS
7. Georges Baongla (American, English) ……………………………....CAMEROON
8. Chen Yanbin (Finnish and German) ………………………………………..CHINA
9. Gao Qinrong (Canada)………..………………………………. …………..CHINA
10. Gu Linna (Germany, England, Canada, Perth, Swiss German, Canberra)………………………………………………… ..……………... CHINA
11. Guo Qinghai (Canada)………………………………………………… …CHINA
12. Huang Qi……………………………………………………………………CHINA
13. Jiang Qisheng (England, Norway and Australia North).…………………..CHINA
14. Jiang Weiping………………………………………………………………CHINA
15. Kang Yuchun..(English, German)...........…………………….…………….CHINA
16. Li Dawei……………………………………………………………………CHINA
17. Liu Haofeng ………………………………………………………………..CHINA
18. Liu Jingsheng..(Netherlands, New Zealand, England,
Sweden, Germany, America)....................................……………………………………………CHINA
19. Liu Weifang (Canada)…………………………………………………..…CHINA
20. Qi Yanchen (Canada)……………………………………………….……...CHINA
21. Tohti Muzart (England, Perth, Canada, Japan, Leichenstein,
Catalan, America)……………………………………..…………………. ………..CHINA
22. Wu Shishen..(Norway, Danish).......................……………………………..CHINA
23. Xu Zerong…………………………………………………………………..CHINA
24. Yu Dongyue (Czech, Melbourne, Canada, USA W)……………………....CHINA
25. Jampel Changchup..(USA West, Canada, Sydney)..............………...CHINA/Tibet
26. Jampel Chunjor.(Danish, Sydney, Canada)............................……….CHINA/Tibet
27. Ngawang Gyaltsen..(San Miguel, England, Canada, Sydney, America)..…………………………………………………………....CHINA/Tibet
28. Ngawang Oeser (Scottish, Danish, Canada, Sydney) ..................…...CHINA/Tibet
29. Ngawang Phulchung(America, Austria, England, Canada, Sydney)..CHINA/Tibet
30. Geshe Sonam Phuntsog………………………………………………CHINA/Tibet
31. Bernardo Areval Padron.(Catalan, English, Peru, Canada)………………....CUBA
32. Delly Bonsange ……………………………………… .. DEM. Rep. Of CONGO
33. Raymond Kabala…………………………………………DEM. REP. Of CONGO
34. Saad Eddin Ibrahim (Canada, England, Writers in Exile USA)……………EGYPT
35. Sala al-Din Muhsin (Ghana, Canada, Netherlands, England, USA West)…EGYPT
36. Said Abdelkader (American)………….……………………………… ..ERITREA
37. General Ogbe Abraha……………………………………………………ERITREA
38. Omer "Abu Aklar" (Ghana)……………………………………………..ERITREA
39. Wedi Ade (American)…………………………………………...…… ..ERITREA
40. Mahmud AHMED SHERIFFO………………………………………….ERITREA
41. Akhader Ahmedin (Ghana)……………………………………………..ERITREA
42. Yusuf Mohamed Ali (American)…………………..…...…………… ..ERITREA
43. Emanuel Asrat (American)…………….….…..……………………… ..ERITREA
44. Selayinghes Beyene (American)…………………...………………… ..ERITREA
45. Astier Fashatsion ………………………………………………………..ERITREA
46. Berhane Ghebre Eghzabieher …………………………………………...ERITREA
47. Beraki Ghebre Salassie………………………………………………..…ERITREA
48. Yebio Ghebremehdin (Ghana)………………………………………..ERITREA
49. Temesken Ghebreyesus (American)………………………………… ..ERITREA
50. Mattewos Habteab (American)……………………………………… ..ERITREA
51. Muluberhan Habtegebriel (Ghana)…………….……………………....ERITREA
52. Dawit Habtemichael (American)……….…………………………… ..ERITREA
53. Medhanie Haile (American and Ghanian)………………….……… ..ERITREA
54. Zemenfes Haile (Ghana)………………………………..……………..ERITREA
55. Hamid Himid ……………………………………………………………ERITREA
56. Ghebrehiwot Keleta Ghana)………………..…………………………..ERITREA
57. Dawit Isaac (American)………………….……..…………………… ..ERITREA
58. Saleh Idris Kekia………………………………………………………..ERITREA
59. Germano Nati……………………………………………………………ERITREA
60. Meles Nigusse (Ghana)…………………………………………………ERITREA
61. Estifanos Seyoum………………………………………………………..ERITREA
62. Simret Seyoum…………………………………………………………..ERITREA
63. Petros Solomon………………………………………………………….ERITREA
64. Haile Woldetesnae………………………………………………………ERITREA
65. Fesshaye Yohannes (American)…………………………………….. ..ERITREA
66. Paolos Zaid (Ghana) ……………………………………………………ERITREA
67. Tewodros Kassa (English)……………………………………………...ETHIOPIA
68. Lubada Said (USA PEN West and Ghana)……………………………..ETHIOPIA
69. Kumar Badal………………………………………………………………INDIA
70. Arundhati Roy (Canada)…………………………………………………….INDIA
71. Lesley McCulloch……………………………………………………INDONESIA
72. Hashem Aghajari…………………………………………………………….IRAN
73. Emadeddin Baqi ……………………………………………………………..IRAN
74. H. H. Y. Eshkavari (Canada, Ghana, Denmark, England, America)………...IRAN
75. Akbar Ganji (Canada, America, England, Liechenstein) ……………….IRAN
76. Tamineh Milani ………...……………………………………………………IRAN
77. Siamak Pourzand (Canada, America)….……………………………..……..IRAN
78. Khalili Rostamkhani (Canada, America)………………………….…………IRAN
79. Said Sadr……………………………………………………………………..IRAN
80. Nasser Zarafshan (Norway, England, Canada)…………………………..…..IRAN
81. Ezzatollah Sahabi (America, Engand) ……..……………………………IRAN
82. Toujan al-Faisal…………………………………………………………..JORDAN
83. Christopher Kyandi…………………………………………………..……KENYA
84. Ibtissam al-Dakhil..(Scotland, England).............………………………..KUWAIT
85. Fawwaz al-Awadhi Bessissu....................……………………………….KUWAIT
86. Irene Fernandez.(Canberra)…………………………………………..MALAYSIA
87. Hishamuddin Rais…………………………………………………….MALAYSIA
88. Ali Lmrabet……………………………………………………...…….MOROCCO
89. Aung Myint (America, Sydney, England, Perth, Canada)…………....MYANMAR
90. Khin Zaw Win..(England).....................……………………………....MYANMAR
91. Ko Aung Tun (Norway,Canada, Canberra).......……………………...MYANMAR
92. Kyaw Sein Oo……………………………………………………..….MYANMAR
93. U Myo Htun...(Norway, Canada, Canberra)......…………………...…MYANMAR
94. Ohn Kyaing..(USA West).....................……………………………....MYANMAR
95. U Sein Hla Oo (England)....................………………………………..MYANMAR
96. Win Tin..(Hong Kong (E), Japan).............…………………….……..MYANMAR
97. Abdoulaye Tiemogo………………………………………………………..NIGER
98. Juan de Mata JARA Berrospi………………………………………….…….PERU
99. Grigory Pasko(PEN USA West, American, Canada, German,
Netherlands, Finland, Writers in Exile (America), Norway)...………………………....
RUSSIA
100. Mamadou Oumar Ndaiye…………………………………………..SENEGAL
101. Pape Ndaiye………………………………………………………SENEGAL
102. Paul Kamara .. ……………………………………………….SIERRA LEONE
103. Nu’man ‘Ali Abdu……………………………………………………...SYRIA
104. Nizar Nayuff (America, England, Finland, Slovakia)………………….SYRIA
105. Julien Ayi………………………………………………………………..TOGO
106. Zouhair Yahyaoui…………………………………………………….TUNISIA
107. Abidin Zeybek Kizilyaprak (England)……………………………..TURKEY
108. Melih Pekdemir (Sydney)…………………………………….…….TURKEY
109. Sanar Yurdatapan (Germany)...................…………………………...TURKEY
110. Asiye Güzel Zeybek (Sweden, England, San Miguel,
Canada, Ghana, America, Netherlands, Swiss Romande)……………………………………………TURKEY
111. Mumia Abu-Jamal (Belgian (Flemish))………………………………….USA
112. Muhammad Bekzhon (England)…………………………..….UZBEKISTAN
113. Mamadali Makhmudov (England, PEN USA West, Canada,
America, Netherlands)………………………………………………………..UZBEKISTAN
114. Yusif Ruzimaradov (England)……………….……………….UZBEKISTAN
115. Thich Huyen Quang (England, Sydney, France, Denmark. Slovakia………………………………………………………………..VIETNAM
116. Le Chi Quang (Canada, USA West)……………………………….VIETNAM
117. Nguyen Dinh Huy..(England, Poland, France, Perth,
Slovak, Swiss romand) ………………………………………………………………………….VIETNAM
118. Nguyen Van Ly (Slovak)………………..………………… ……..VIETNAM
119. Nguyen Vu Binh……………………………………………………VIETNAM
120. Nguyen Xuan Tu (Canada)………………………………………. VIETNAM
121. Pham Hong Sohn…………………………………………………..VIETNAM
122. Thich Quang Do…………………………………………………...VIETNAM
123. Tran Van Kue ………………………………………………………VIETNAM
124. Geoffrey Nyarota………………………………………………..ZIMBABWE
PEN Centres with Writers in Prison Committees
American, Armenian, Austrian, Belarussian, Belgium Flemish, Belgium
French, Canadian, Canberra, Catalan, Czech, Danish, English, Finnish, French,
Galicia, German, Ghanaian, Hong Kong, Italian, Japanese, Kenyan, Liechenstein,
Lithuanian, Malawian, Melbourne, Mexico, Nepalese, Netherlands, New Zealand,
Nicaragua, Norwegian, Perth, Peruvian, Polish, Portuguese, Quebecois, Russian,
San Miguel de Allende, Scottish, Slovak, South African, Suisse Romande, Swedish,
Swiss German, Swiss Italian, Sydney, Turkish, USA West, US Writers in Exile,
Vietnamese Writers Abroad
Total: 50
Half-year statistics
1 July to 31 December 2002
Killed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Killed: Investigation . . . . . . . . . . . . . . . . . . . . . . . . 12
Disappeared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Disappeared: investigation . . . . . . . . . . . . . . . . . . . 3
Main Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
Investigation Cases . . . . . . . . . . . . . . . . . . . . . . . . . 84
Judicial Concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Sentence/Facing trial but not detained . . . . . . . . .281
Death threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Otherwise threatened . . . . . . . . . . . . . . . . . . . . . . . 22
Kidnapped…………………………………………..6
Briefly detained . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Attacked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
House arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
In hiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Forced exile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Total number of cases
recorded July to December 2002 . . . . . . . . . . . 712
Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
Full-year statistics 2002
Killed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Killed: Investigation . . . . . . . . . . . . . . . . . . . . . . . . 13
Disappeared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Disappeared: investigation . . . . . . . . . . . . . . . . . . . . 3
Main Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
Investigation Cases . . . . . . . . . . . . . . . . . . . . . . . . .84
Judicial Concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Sentence/Facing trial but not detained . . . . . . . . .364
Death threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
Otherwise threatened . . . . . . . . . . . . . . . . . . . . . . .71
Kidnapped…………………………………………..6
Briefly detained . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Attacked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109
House arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
In hiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Forced exile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Total number of cases
recorded January to December 2002 . . . . . . . . 1,153
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