INTERNATIONAL PEN
Writers in Prison Committee
HALF-YEARLY CASELIST

To 30 June 2006

International PEN
Writers in Prison Committee
50/51 High Holborn
London WC1V 6ER
United Kingdom
Tel: + 44 020 74050338
Fax: + 44 020 74050339
e-mail: wipc@internationalpen.org.uk
web site: http://www.internationalpen.org.uk/

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 138 centres in 101 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 at the United Nations Commission of Human Rights and with UNESCO.
INTERNATIONAL PEN CHARTER
The PEN Charter is based on resolutions passed at its international congresses and may be summarised as follows:

PEN affirms that:
1. Literature knows no frontiers and must remain common currency among people in spite of political or international upheavals.
2. In all circumstances, and particularly in time of war, works of art, the patrimony of humanity at large, should be left untouched by national
or political passion.
3. Members of P.E.N. should at all times use what influence they have in favour of good understanding and mutual respect between nations;
they pledge themselves to do their utmost to dispel race, class and national hatreds, and to champion the ideal of one humanity living in
peace in one world.
4. P.E.N. stands for the principle of unhampered transmission of thought within each nation and between all nations, and members pledge
themselves to oppose any form of suppression of freedom of expression in the country and community to which they belong, as well as
throughout the world wherever this is possible. P.E.N. declares for a free press and opposes arbitrary censorship in time of peace. It
believes that the necessary advance of the world towards a more highly organized political and economic order renders a free criticism of
governments, administrations and institutions imperative. And since freedom implies voluntary restraint, members pledge themselves to
oppose such evils of a free press as mendacious publication, deliberate falsehood and distortion of facts for political and personal ends.
Membership of P.E.N. is open to all qualified writers, editors and translators who subscribe to these aims, without regard to nationality, ethnic
origin, language, colour or religion.
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:
OXFAM/NOVIB, Swedish International Development Foundation, Norwegian Ministry for Foreign Affairs, the Fritt Ord Foundation,
UNESCO, Individual donations and membership fees from PEN members
Bank details: International PEN Foundation Account, National Westminster Bank, 134 Aldersgate Street, London EC1A 4JB. Sort code: 60-05-37 Account: 81901763.
2 Registered Charity no: 1010627
3
Contents
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.
'*' by a name indicates that the case is new to the Committee's list since the last Writers in Prison Committee report. The last report was dated
December 2006.
List of cases by country 4
Africa 4
The Americas 19
Asia and Pacific 30
Europe and Central Asia 45
Middle East 67
Centres with Writers in Prison Committees 76
List of Main Cases by Country 76
Case statistics 77
4
Caselist January to June 2006
International PEN Writers in Prison Committee
Details current up to 30 June 2006
AFRICA
(including Francophone North Africa)
ALGERIA
Investigation
Kamal AMARNI: journalist with the newspaper Le Soir d’Algérie, was
sentenced on 14 June 2005 to six months in prison and a 250,000 dinar
(approx. US$3,500) fine for “offending the head of state”. Kamal Amarni
was sentenced alongside Fouad Boughanem (see below), director of the
newspaper, who received a two month prison sentence in the same case.
According to reports received by PEN, Amarni may have received additional
prison sentences in 2005 to those detailed above. *No further
information as of 30 June 2006. WiPC investigating.
Fouad BOUGHANEM: director of the daily newspaper Le Soir
d’Algérie, was handed down a two-month sentence with no parole on 17
May 2005 for ‘insulting’ and ‘offending’ the head of the state. The
sentencing stemmed from the publication of articles which were critical
of President Bouteflika during the 2004 election campaign. He also
received a fine of 250,000 dinars (approx. 2,700 euros). Boughanem was
sentenced on 14 June 2005 to two months in prison and a 250,000 dinar
(approx. US$3,500) fine for “offending the head of state” in the same
case as Le Soir d’Algérie journalist Kamal Amarni (see individual entry
above). According to reports received by PEN, Boughanem may have
received additional prison sentences in 2005 to those detailed above. *No
further information as of 30 June 2006. WiPC investigating.
Hakim LAALAM: columnist with the daily newspaper Le Soir
d’Algérie, was handed down a two-month sentence with no parole on 17
May 2005 for ‘insulting’ and ‘offending’ the head of the state. The
sentencing stemmed from the publication of articles which were critical
of President Bouteflika during the 2004 election campaign. Laalam also
received a fine of 250,000 dinars (approx. 2,700 euros). According to
reports received by PEN, Boughanem may have received additional
prison sentences in 2005 to those detailed above. *No further information
as of 30 June 2006. WiPC investigating.
Brief detention
*Kamel BOUSSAAD and Berkane BOUDERBALA: editor of the
Arabic-language weekly Errissala and managing editor of the Arabiclanguage
weekly Essafir respectively, were reportedly arrested on 8 and
11 February 2006 respectively following the republication on 2 February
2006 of caricatures of the Prophet Mohammed. They faced charges
under Article 144 of the Algerian penal code for “insulting the prophet”.
The newspapers Errissala and Essafir were also banned from publication.
The twelve cartoons were first published in the Danish daily
Jyllands-Posten on 30 September 2005 and sparked outrage in the
Muslim world, where images of the prophet are forbidden. Boussaad and
Bouderbala were released on 16 March 2006.
Released
Mohammed BENCHICOU: director of the private daily newspaper
Le Matin. Convicted in 2004 and 2005 in three separate cases to
sentences of two months, three months and two years in prison. Related
to articles sent to be insult and libel to senior officials. He was freed 14
June 2006 although it is reported that there may be up to 50 other cases
against him. His passport is also being withheld. Honorary member:
American PEN Awards: co-recipient of the 2006 PEN/Barbara
Goldsmith Freedom to Write Award.
Case closed
Djamaldine BENCHENOUF: journalist with the newspaper Liberté,
was sentenced in absentia to three years during May 2005. Case closed
due lack of information.
BURKINA FASO
Brief detention
*Antoine BATIONO: sports journalist for the private daily Le Pays,
detained and questioned by security forces on 20 April 2006 after he
interviewed former soldiers accused of mounting a coup attempt. The
former soldiers, who were imprisoned in 2004 for their alleged involvement
in the coup attempt but later amnestied, were reportedly seeking
media coverage over claims that they were the targets of government
surveillance. Heavily armed paramilitary police raided the offices of Le
Pays while Bationo was conducting the interview. The police re-arrested
the former soldiers in the raid and confiscated a recording device. They
also issued a summons to Bationo, accusing him of “abducting” one of
their colleagues. When Bationo reported for his summons the same day,
he was kept in custody for more than 11 hours before being released.
BURUNDI
Brief detention/attacked
*20 journalists: were reportedly detained at the home of parliamentarian
Mathias Basabose on 17 April 2006 whilst attending a press conference
about his expulsion from the ruling party. Fifty armed policemen
surrounded the house in mid-afternoon shortly after the arrival of the
journalists and told them that they were not permitted to leave the house.
The journalists were reportedly taken hostage in an internal dispute
within the security services and the ruling party. At least three journalists
were hit with rifle butts when they tried to leave the house. At approximately
11pm the commander of the Bujumbura police told the journalists
they could leave.
CENTRAL AFRICAN REPUBLIC
Threatened
*Maka GBOSSOKOTO: director of the private daily newspaper Le
Citoyen reportedly received a threatening phone call on 4 January 2006
from Jean-Célestin Dogo – an ex-presidential guard who had recently
been dismissed from the military for his brutality – following the publication
of an article entitled “Year 2006 Starts in Pain and Tears” which
referred to fatalities during the settling of a dispute in a northern district
of Bangui that degenerated into confrontations between police and the
public.
COMORES
Brief detention
*Aboubacar MCHAMGAMA: director of the weekly private newspaper
L’Archipel was allegedly arrested by the police on 25 March 2006 and
detained for 54 hours following the publication of two articles on 8
February 2006 and 15 March 2006 that reported on dissatisfaction within
the army. Mchamgama was reportedly arrested for “moral and material
prejudice” after several army officers filed a complaint against him.
CONGO BRAZZAVILLE
Brief detention/facing charges
*Fortune BEMBA: editor of the Brazzaville-based weekly newspaper
Thalassa, was arrested on 20 April 2006 and charged the following day
by the public prosecutor with “defamation”, “attack on the honour of the
head of state” and “propagation of false news”. The charges stemmed
from an article published Thalassa entitled “Were Generals Casimir
Bouissa Matoko and Lekoudzou poisoned by Denis Sassou Nguesso?”.
In this article, the newspaper accused the head of state of poisoning
General Bouissa, who died in the second week of April. Bemba was
released on 21 April 2006 and was due to appear before the Correctional
Tribunal of Brazzaville on 17 May 2006.
DEMOCRATIC REPUBLIC OF
CONGO
Killed
Franck Ngyke KANGUNDU: political columnist for the Kinshasabased
daily newspaper La Référence Plus and his wife Hélène Mpaka
(f) were shot and killed on 3 November 2005. According to reports,
Kangundu and his wife were fired on by three masked men in civilian
clothes who forced their way into the couple’s house shortly after they
returned home in the early hours of 3 November 2005. Hélène Mpaka
was reportedly killed as she tried to escape. Kangundu then pleaded for
his life, offering his assailants his money and his car. The killers had
reportedly told Kangundu that they had orders to kill him. The motive for
the killings has yet to be determined. As the head of the political section
of La Référence Plus, Kangunda covered a variety of economic and political
issues, including relations between political parties in the powersharing
government. One of Kangundu’s sons was also injured whilst
trying to save his father’s life and needed to go to hospital. *On 10 March
2006, it was reported that second lieutenants Joël Mungande Kimbao and
Didier Awatimbine and warrant officer Munongo Muyika had been
detained as suspects and that Col. Mputu Mpende, a member of the
Kinshasa-Matete military inspectorate, had said that in the course of their
initial enquiries, the police discovered that these three soldiers had used
the victims’ mobile phones during the 12 hours following the doublemurder.
Two civilians were arrested because of their contacts with the
three soldiers on 3 November 2005. President Joseph Kabila reportedly
also gave an undertaking on 9 March 2006 that a “public trial” would be
held in this case “before the presidential election” scheduled for June
2006.
Investigation
Patrice BOOTO, editor of the newspapers Le Journal and Supplément
Pool Malebo, was arrested on 2 November 2005 and taken to the Kin-
Mazière police station for questioning before being called before state
prosecutor on 9 November and moved the same day to Kinshasa’s
Penitentiary and Reeducation Centre. The detention is linked to an article
published in September in both Le Journal and Supplément Pool Malebo
which referred to a US$30 million donation from the DRC “to the
Republic of Tanzania’s education sector at a time when a labour conflict
in the DRC pits the government against teachers’ unions”. The editorial
staff of both Le Journal and Supplément Pool Malebo reportedly went
into hiding following Booto’s arrest. On 9 November 2005 PEN received
reports that Booto had been forced to reveal his source for the story by
police who held a gun to his head. Booto is reportedly being detained for
“propagating false information in public”, “offending the head of state”
and “insulting the government”. At a 27 December 2005 court hearing a
request by Booto for provisional release was refused. Booto testified for
a second time on 10 January 2006 in front of the CSE (State Security).
*On 30 May 2006, Booto was handed a six-month prison sentence and
ordered to pay a fine of US $500 dollars after a court in Assossa found
him guilty of “offending the head of state” and “insulting the government”.
The court ruled that he could go free upon payment of the fine,
since he had already served his sentence. However, despite paying the
fine Booto was not released. On 2 June 2006, the Public Prosecutor
appealed the 30 May judgment against Booto arguing that it vindicated
the journalist for the violation of “propagating false noise in public”.
Following this action, the case was due to go to appeal. According to
information received by PEN, the case will be heard again before the
District Court Tribunal of Kinshasa/Kalamu until which time Booto will
remain in prison.
*Pierre Pambu LUTETE: managing editor of the Kinshasa-based newspaper
La Tolérance was reportedly arrested on 3 March 2006 and
charged with “defamation” and “incitement to tribal hatred” following a
complaint made by Michel Zingo te Lando, a public land officer for
Kinshasa/Funa. Lutete was released after the organisation Journaliste en
Danger (Journalist in Danger – JED) posted US$40 in bail.
Brief detention/facing charges
Jean-Jacques Luboya N’SAMBA SHAKE: publisher with the weekly
Lubumbashi-based newspaper La Verité was arrested on 13 October
2005. The journalist’s arrest stemmed from defamation complaints made
against him by several foreign businessmen based in Lubumbashi after
articles in the 10 and 11 October editions of La Verité implicated the men
in smuggling operations. N’Samba Shake was released on bail on 15
October 2005 after paying a bail fee of 80,000 Congolese francs
(US$170) and ordered to appear in court every Tuesday and Friday
during the investigation. *No further news as at 30 June 2006.
Facing possible charges
*Michel MUKEBAYI NKOSO: publication director for the Kinshasabased
weekly Africa News, appeared before the Gombe Deputy Public
Prosecutor on 16 June 2006 following a law suit for “defamation”
brought by Jean-Pierre Bemba, one of the DRC’s four vice-presidents.
The legal action stems from a 20 April 2006 Africa News article entitled
“ICC [International Criminal Court], business, Cesarism: the end of
Bemba”. In the article it was alleged that the ICC suspected Bemba of
having business relations with Charles Taylor whilst the latter was still in 5
power. Mukebayi was ordered to return to the Public Prosecutor’s office
on 20 June with the journalist responsible for the piece.
Brief detention
*Arthur Tshimanga KAPUTU: managing director of the Kinshasabased
weekly Lubilanji Expansion, was arrested on 18 April 2006 and
questioned by a magistrate during a verbal hearing at the Kinshasa High
Court. He was subsequently detained in the court jail until 21 April 2006.
Kaputu’s arrest, questioning and detention stemmed from the publication
in edition 188 of Lubilanji Expansion (7-14 March 2006) of an article in
which Kaputu reportedly accused the Protestant University of Congo
(UPC) of embezzlement and mismanagement of donations, and a subsequent
editor’s note published in the weekly’s edition 190 (7-14 April)
which came in response to a correction by the UPC.
*Kazadi MUKENDI (pen name Kazadi Kwambi KASUMPATA):
correspondent for the weekly newspaper Lubilanji Expansion. Mukendi
was arrested on 20 April 2006 following criminal libel proceedings
brought against him by the Protestant University of Congo (UPC). The
university took issue with a 7 March Lubilanji Expansion article in which
Mukendi claimed that there had been instances of financial irregularities
and embezzlement at UPC. The journalist was transferred to Kinshasa
prison (Centre Pénitentiaire et de Rééducation de Kinshasa). Although
his provisional release on bail was ordered by intermediate court judge
Nganda Fumabo on 24 May, the Kinshasa-Gombe prosecutor refused to
execute the order. Three weeks later, Mukendi was sentenced in secret by
a lower court. His lawyers were not informed. An appeal against his
conviction was made on 24 June when it became known that he had been
sentenced. Mukendi had been given a four- month prison term and a fine
equivalent to about US$500 on 14 June 2006. Mukendi reported that he
was eventually released on the orders of the national procurator.
*Louis NGALAMULUME: editor of the newspaper L’Eclaireur was
arrested on 27 January 2006 and detained at Kinshasa’s Penitentiary and
Reeducation Centre. Ngalamulume’s detention was linked to an 11
January 2006 L’Eclaireur article in which local landholder Denis
Kisalambote was described as “incompetent” and “tribalist”.
Ngalamulume was accused of “public injury but released on 31 March
2006.
Death threat
Donna M’Baya TSHIMANGA and Tshivis TSHIVUADI: President
and Secretary General respectively, of the non-governmental organisation
Journaliste en Danger (Journalists in Danger – JED) were threatened
with death in an email sent to Tshivuadi on 4 April 2005.
Tshimanga has previously reported death threats in 2004 (see previous
case lists). On 10 December 2005, Donna M’Baya Tshimanga and
Tshivis Tshivuadi along with JED desk officers Charles Mushizi and
Esther Banakayi (f) all received the same following message on their
mobile phones saying “JED, who do you think you are? You are going to
disappear one by one if you do not publicly announce an end to your
activities. You have 10 days. After that, we will act, and even your families
could be targets”. The anonymous threats came a day after JED
issued its eighth annual report on press freedom in Central Africa. The
report called for investigation into the 3 November 2005 murder of journalist
Franck Ngyke Kangundu and his wife Hélène Mpaka (see
above). *When JED released details of its investigations into the double
murder in an 8 February 2006 interview with a Kinshasa newspaper, the
organisation’s personnel received further threatening phone calls. The
article published by Le Soft raised the possibility that the murder may
have been linked to Kangundu’s alleged possession of sensitive documents
on an illegal transfer of government funds to a foreign power.
After JED published its own report into the killings on 14 February 2006,
which revealed possible political motives for the murders, JED’s president
Donna M’baya Tshimanga was summoned to the headquarters of
the police special services and intelligence unit (Direction des renseignements
généraux et services spéciaux - DRGS). Following anonymous
threatening phone calls after the publication of the Le Soft article both
Tshimanga and Tshivuadi went into hiding. On May 20, 2006, JED
received another death threat by email which stated, “You people from
JED have the opportunity to choose the coffin you like. You have chosen.
Your time has come. We know your hiding places. This time we will get
you. We will rape you with your women and children, even babies. As
soon as it rains, that will be the sign. We know your homes and all the
schools. You no longer have any way out.” Award: The 2005 Hermann
Kesten Medal was awarded to Journaliste en Danger (JED) by German
PEN and the state of Hesse on 13 November 2005 in recognition of the
work of the organisation.
Case closed
Déo Mulima KAMPUKU: journalist with the Kinshasa-based daily
newspaper La Référence Plus received, on 5 January 2005, a four-month
prison sentence with no parole and a fine in absentia. Convicted of
defamation of the president of Cobil Oil an a December 2004 article.
*No further information as of 30 June 2006.
Médard Ndinga MASAKUBA and Francois MADA: publisher and
publication director respectively, forthe newspaper La Manchette.
Arrested on 31 March 2005. Held for for 24 hours and reportedly
accused of making ‘damaging allegations’ against a local leader. *No
further information at 30 June 2006. Case closed.
Scott MAYEMBA and Jean- Marie MUSUSA: journalists with the
Kinshasa-based newspaper Uhuru and the Congolese News Agency
respectively, were abducted along with three television journalists on 24
April 2005 reportedly by a group of Mai Mai militiamen. The journalists
were abducted when they went to cover the disarmament of armed
militias in the Katanga province of the DRC. *No further information as
of 30 June 2006. Case closed.
Jose WAKADILA: journalist with the private daily newspaper La
Référence Plus, appeared in court on charges of defamation in Kinshasa
on 3 August 2004 filed by the Congolese Oil Refinery Industries
Corporation (Société Congolaise des Industries de Raffinage du Pétrole –
SOCIR) following the publication of a 17 July 2004 La Référence Plus
article.. Wakadila received an 11-month prison term with no parole on 13
September 2004. He was arrested on 31 January 2005 and held until
granted a provisional release on 8 February 2005.*No further news as at
30 June 2006. Case closed.
ERITREA
Disappeared
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
6 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.
*Still presumed to be held by the security forces as of 30 June 2006.
Main cases
Yusuf MOHAMED ALI (editor-in-chief, Tsigenay – born c. 1958),
Mattewos HABTEAB (editor-in-chief Meqaleh – born c. 1973), Dawit
HABTEMICHAEL (reporter Meqaleh – born c. 1973), Medhanie
HAILE (deputy editor-in-chief Keste Debena – born c. 1970), Emanuel
ASRAT (editor-in-chief of Zemen), Temesken GHEBREYESUS (Keste
Debena – born c. 1967), Dawit ISAAC (co-owner of Setit, writer – born
1964), Fesshaye YOHANNES “Joshua” (co-owner of Setit, playwright
and poet – born c. 1957) Said ABDELKADER (writer and editor
Admas and owner of the press that printed most of the independent newspapers
– born c. 1969) 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 national 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 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 was 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. 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, the nine journalists started
a hunger strike to protest against their detention. All were said to be
refusing food until they were released or tried fairly. In April 2003,
Eritrean president Isaias Afewerki told Radio France Internationale that
the journalists listed as arrested or missing had been bribed by forces
opposed to the government to cause division. He stated, “You cannot say
a spy is a journalist…In the middle of the war we had to check them. We
had to say enough is enough.” It was reported in April 2004 that the journalists
were being held in secret security sections of the 2nd and 6th
police stations in Asmara. Health Concerns: Dawit Isaac, a Swedish
citizen of Eritrean origin, was hospitalised under strict security amidst
allegations that his need for medical aid was a direct result of his treatment
in prison. He was reported in April 2002 to be undergoing surgery
in Halibet Hospital in Asmara. Isaac is believed to have been transferred
to the 2nd police station in Asmara some time during 2004. It was
initially reported that Dawit Isaac had been released on 19 November
2005. After being freed, Isaac apparently phoned his wife in Sweden to
say that he would join her as soon as he was able (he holds Swedish
nationality). However, on 22 November, Eritrean Minister of Information
Ali Abdu told a journalist from the news agency AFP that Isaac had only
been released to receive some medical tests. He was back in Karcheli
Prison on 21 November. 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. *All are still being
detained as of 30 June 2006.
Disappeared/possibly imprisoned or conscripted
Paolos ZAID (Eritrean Profile), Akhader AHMEDIN (Tsigenay),
Omer “ABU AKLA” (Tsigenay), Meles NIGUSSE (Tsigenay), Yebio
GHEBREMEDHIN (Mekalih), Muluberhan HABTEGEBRIEL
(Setit), Amanuel GHEBREMASKEL (Mana), GHEBREMEDHIN
(Millennium), Daniel HABTE (Eri-Tempo), Zemenfes HAILE
(Tsigenay): 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 reportedly captured by security agents early in 1999.
He is said to have been tortured before being transferred to Zara hard
labour detention centre. Towards the end of 2000 Haile was reportedly
transferred to an unknown location, before being released from prison in
2002. He is believed to have been sent into the army immediately and is
apparently still carrying out his national service even though he reportedly
fulfilled his duties in this regard in 1994. On 15 June 2001, Eritrean
Justice Minister Foazia Hashim wrote that five of the fifteen journalists
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”. *All are
still missing presumed imprisoned or forcibly conscripted as of 30 June
2006. Honorary Members: Ghanaian PEN
7
ETHIOPIA
Main Cases
Leykun ENGIDA: editor-in-chief of the weekly newspaper Dagim
Wonchif, appeared at the Second Criminal Bench of the Federal High
court on 1 July 2004 to face charges of “violating article 10/1-20/1/ of
Press Proclamation no. 34/1985” by “disseminating false information
through the newspaper”. The charges stem from a Dagim Wonchif article
published on 15 June 2000 entitled, “Ato Siyoum Mesfin appeals for
resignation.” Engida was released on bail of 5000 birr (US$600). On 9
December 2005, Engida was given a fifteen-month sentence for “fabricating
news that could have negative psychological effects and cause
disturbances in the minds of the people”.
*Abraham GEBREKIDAN: editor of the now-defunct Amharic weekly
Politika, was sentenced on 8 March 2006 to twelve months’ imprisonment
for publishing “false news”. The charge stemmed from a 2002
report that alleged that the Ethiopian authorities were training rebels in
Eritrea.
Wesenseged (or Wondwossen) GEBREKIDAN, former editor of the
weekly Ethiop (and currently editor of the weekly Addis Zena), was
arrested on 9 November 2005 and convicted of “defamation” on 6
December. He was given an eight-month prison sentence with immediate
effect. The charge stemmed from a 2002 Ethiop article about former
diplomat Habtemariam Seyoum. Although Gebrekidan did not write the
piece himself, he was found guilty on the grounds that he had been the
editor responsible for that edition of the newspaper. The journalist also
faces treason charges against him in connection with the November 2005
clashes between demonstrators and the police (see “Detained/facing
charges” below for further details).
Other charges pending: Faces trial on five separate charges levied
between March 2002 and December 2004 for articles criticising the
Ministry of Justice and the military (for further details see previous
caselists). Most recently he was sSentenced to a further 16 months’
imprisonment for “criminal defamation” on 18 April 2006. The sentence
stemmed from a 2002
Ethiop article in which the editor of Abyotawi Democracy, a publication
owned by the ruling Ethiopian People’s Revolutionary Democratic Front
(EPRDF), was apparently defamed.
*Tesehalene MENGESHA: a former editor of the defunct weekly
Mebruk, was reported on 12 May 2006 to have been sentenced to 18-
months’ imprisonment. The exact date of the trial at which Mengesha
was found guilty is unclear. The “criminal defamation” charge for which
he was tried stemmed from an article published during the 1998-2000
border conflict between Ethiopia and Eritrea. The piece – not believed to
be penned by Mengesha himself – named a person believed to be
working as a double agent. The individual denied the allegation and filed
the charge against Mengesha on the grounds that Ethiopian law holds
editors responsible for the content of their newspapers. The journalist is
being held at Kality prison on the outskirts of Addis Ababa.
Investigation
*Abraham RETA: freelance journalist, was reported to have been handed
down a one-year prison sentence on 24 April 2006. The charge is
believed to have stemmed from an article Reta wrote some years ago.
WiPC investigating the details of the case.
Sentenced/free pending appeal
Getachew SIMIE, a journalist with the weekly Addis Admas, was
sentenced to three months’ imprisonment on 7 December 2005. He was
found guilty of not submitting a copy of Addis Admas to the Ministry of
Information by the due deadline. He was released pending appeal. His
sentencing came in the wake of a generalised clampdown of the independent
press. Simie, who used to be the deputy editor of the now defunct
Amharic weekly Enat Agerie, also faces charges of “defamation”. His
trial opened at the Addis Ababa 2nd Criminal Bench of the High Court
on 21 March 2005. The charges, under press proclamation No 34/85
(1992), Article 20/1 and Criminal code 580/1, stem from an August 1999
Enat Agerie article that alleged corrupt practices at a government-owned
textile factory. Simie spent a day in custody whilst he raised bail.
*Believed still to be awaiting the appeal as of 30 June 2006.
Detained/facing charges
Dawit KEBEDE (editor-in-chief of the weekly newspaper Hadar),
Feleke TIBEBU (deputy editor of Hadar), Zekarias TESFAYE
(publisher of the weekly Netsanet), Dereje HABTEWOLDE (deputy
editor of Netsanet), Fasil YENEALEM (publisher of the weekly Addis
Zena), Andualem AYELE (editor of the weekly newspaper Ethiop),
Nardos MEAZA (editor-in-chief of the weekly Satanaw), Mesfin
TESFAYE (editor of Aday), Wonakseged ZELEKE (editor of Asqual),
Eskinder NEGA (owner of Serkalem Publishing Enterprise – publisher
of Asqual, Menelik and Satanaw – husband of Serkalem Fasil),
Serkalem FASIL (f) (26, editor of Menelik – due to give birth in July
2006 – wife of Eskinder Nega), Sisay AGENA (managing editor of
Ethiop and head of the Ethiopian Free Press Journalists Association),
*Goshu MOGES (publisher and contributor to Lisane Hezeb – a weekly
newspaper and monthly magazine), *Solomon AREGAWI (Hadar
newspaper), Professor Mesfin WOLDE MARIAM (75, author and
former chair of the Ethiopian Human Rights Council) and Dr Berhanu
NEGA (economist and vice chairman of the opposition Coalition for
Unity and Democracy (CUD)), were arrested between 1 and 29
November 2005 in the aftermath of clashes between security forces and
demonstrators protesting against supposed irregularities in the May 2005
parliamentary elections. The Ethiopian authorities published a list of 58
opposition leaders, independent newspaper publishers and editors, and
other individuals wanted for arrest for alleged incitement to insurrection.
Prime Minister Meles Zenawi announced that those on the list would be
charged with treason (specifically, “violently undermining constitutional
order in the country”), an offence that carries the death penalty in
Ethiopia. In the event, the defendants were charged on 21 December
2005 on a variety of charges. Of the 58 individuals named, seventeen are
newspaper publishers or editors. Kifle Mulat, the president of the
Ethiopian Free Press Journalists’ Association (EFJA), has also been
included. Furthermore, police apparently searched the offices of the
newspapers Netsanet, Ethiop and Abay, and took away computers,
money and other equipment and materials. It has been reported that Dr
Berhanu Nega was subjected to a beating at the time of his arrest.
Berhanu Nega and Mesfin Wolde Mariam were previously detained for
four weeks in 2001 after taking part in a forum on academic freedom.
Following the publication of the list of those liable to arrest, many of
those working for private newspapers are reported to have gone into
hiding whilst others have apparently fled the country. Journalists on the
list who have not yet been arrested include: Zelalem Gebre, Abiy
8 Gizaw, Dereje Habtewold and Kifle Mulat (currently in exile). *Trial
proceedings All the defendants are being held in custody since their
application for bail has been rejected by the Federal High Court. The trail
opened against all the above (in total there are 131 defendants, around 40
of whom are being tried in absentia) at the High Court on 23 February
2006. All the journalists on trial refused to enter a plea and are also
declining to present a legal defence on the grounds that they do not
accept the legitimacy of the court. Charges The charges include
conspiracy, armed insurrection, attempting to subvert the constitution,
high treason and genocide, though it is not clear which of these charges
was applied to which defendants. The prosecution grounds for the charge
of “genocide” (which most of the defendants face) include “allegations
of causing fear and harm to an ethnic group, and harming members of the
Tigrayan-led ruling party by excluding them from social events and
funerals”. Honorary Members of USA PEN: Eskinder Nega and Sisay
Agena.
On trial
Abiy GIZAW: editor-in-chief of the weekly Netsanet, was reportedly
arrested on 6 July 2005 and charged with “defamation of the Ministry of
Defence”. The charge stems from three Netsanet articles. The first
claimed that high ranking officials in the Ethiopian Air Force had
disagreed about how to deal with post-election protests; the second dealt
with a separatist movement in Ogaden; whilst the third was a reprint of a
statement made by some Ethiopian air force pilots who defected during a
training course in Belarus. Gizaw was released the same day on bail of
500 birr (c. US$55). Also featured on the November 2005 list published
by the Ethiopian government of journalists wanted for “treason” (see
above). *No further information as of 30 June 2006.
Brief detention
*Iyob DEMEKE: former editor-in-chief of the defunct weekly Tarik, was
fined 6,000 birr (c. US$700) on 8 February 2006 for failure to include the
name of the deputy editor on the newspaper’s masthead. The charge
dated from 1999. Unable to raise the money to pay the fine, he was held
in prison until 14 February when the Ethiopian Free Press Journalists’
Association (EFJA) was able to pay the fine.
*Elias GUDISSA, editor-in-chief of the weekly Tikusat, was
fined 11,000 birr (c. US$1,270) on 10 February 2006 for “defaming the
government” and printing “misinformation”. Charges related to an article
published some years back regarding the disputed border between
Ethiopia and Eritrea. Unable to raise the money required, he was held in
prison until 15 February when the Ethiopian Free Press Journalists
Association (EFJA) was able to pay the fine.
*Frezer NEGASH (f): correspondent for the US-based website Ethiopian
Review, was arrested on 27 January 2006. After two hearings before a
judge – at which it was never clear exactly what the charges were or if
indeed any had been brought – she was allowed to go free. Negash was
four months’ pregnant at the time of her release on 9 March.
Fled
*Habtamu ASSEFA, Siyoum DEGEFA and Dereje BEGASHAW:
executive member of the Ethiopian Free Press Journalists Association,
editor-in-chief of the newspaper Andnet and editor in-chief of the newspaper
Satenaw respectively, were reported in January 2006 to have fled
the country on account of (unspecified) intimidation they claimed to have
suffered at the hands of the government.
Case closed
Befekadu MOREDA, Zelalem GEBRE, Dawit FASSIL and Tamrat
SERBESA: editor-in-chief of Tomar; editor-in-chief of Menilik; editorin-
chief of Asqual and editor-in-chief of Satenaw (all Amharic-language
weekly newspapers) respectively, were arrested in Addis Ababa on 28
June 2005. They were detained for seven hours before being released on
bail of 2,000 birr (c. US$230) each. *No further information as of 30
June 2006. Case closed.
GAMBIA
Disappeared
*Omar BAH: editor of the privately-owned Daily Observer newspaper,
has reportedly been missing since 12 June 2006. Colleagues have
expressed the fear that he might have been arrested. The theory has been
posited that Bah’s disappearance and the arrest of Lamin Cham of the
British Broadcasting Corporation (BBC) on 30 May 2006 by the security
forces (Cham was later released on 6 June) are related to a directive
reportedly issued by police on 25 May 2006. The order asked the general
public to assist in arresting certain journalists who, it has been claimed,
repeatedly send damaging reports about President Yahya Jammeh’s
administration to a now defunct US-based online journal, Freedom
Newspaper. The directive ordered the journalists to report to the nearest
police station within 24 hours or face prosecution, and listed a number of
people who had allegedly contributed articles to Freedom Newspaper.
The directive was contained in a press release published in the Daily
Observer and, following its issue, two print journalists whose names had
been released were arrested and handed over to the National Intelligence
Agency (NIA) after they reported to the police. They were Musa Sheriff
of The Gambia News and Report Magazine and Malick Mboob, fomerly
of the privately-owned Daily Observer.
Investigation
*Malick MBOOB and Musa SHERIFF: journalists with the Daily
Observer and the Gambia News and Report respectively, were reportedly
arrested on 26 May 2006 after their names appeared on a list of alleged
contributors to an opposition online journal Freedom Newspaper. The
list – which was published in a pro-government newspaper – came to
light as a result of an illegal hacking of the website. Mboob and Sheriff
have yet to be charged and are hence being held illegally since, under
Gambian law, if charges are not brought within 72 hours of an arrest, the
accused party must be released. The two are being held at the National
Intelligence Agency (NIA) headquarters in Banjul. It has been reported
that Malick Mboob has been tortured whilst in detention.
Facing charges
*Lamin FATTY: reporter for the bi-weekly The Independent, was
arrested at his home in Banjul on 10 April 2006 and released on bail on
12 June 2006. The detention came in the wake of an alleged attempted
coup which is said to have taken place on 21 March 2006. On 23 March,
The Independent ran a piece that included a list of those reportedly
arrested in connection with the coup plot. One of those named was
former interior minister Samba Bah. The 27 March issue carried an
article in which Bah refuted the assertion that he had been arrested.
During his time in custody Fatty apparently had no access to a lawyer.
His trial – in which he is to face charges under section 181 of the criminal
code for publishing “false news” – opened on 22 June. If found guilty he 9
faces a minimum sentence of six months’ imprisonment. Meanwhile,
The Independent has been off the streets since it was forcibly closed by
security services on 28 March 2006. [See also Musa Saidykhan and
Madi Ceesay below.]
In hiding
*Sulayman MAKALO: assistant editor of The Independent, was reported
in June 2006 to be in hiding following the arrests of Independent staff
Lamin Fatty, Musa Saidykhan and Madi Ceesay. Makalo apparently
fears being arrested himself. [For further details of this case see the
entries for Lamin Fatty, Musa Saidykhan and Madi Ceesay.]
Brief detention
*Musa SAIDYKHAN and Madi CEESAY: editor and general manager
of bi-weekly The Independent respectively, were arrested on 28 March
2006 and detained until 20 April. Ceesay, who is also secretary-general
of the Gambia Press Union (GPU), was detained during a raid by plainclothes
police on the newspaper’s offices. All other staff on the premises
at the time of the raid were held as well but released the same day.
Saidykhan was reportedly arrested at his home the night before. The
newspaper has been forced to close. The two men were believed to have
been taken to the headquarters of the Police Intervention Unit in Banjul,
with Saidykhan apparently subsequently transferred to the National
Intelligence Agency (NIA). Staff at The Independent attributed the raid
and arrests to a 27 March Independent article that quoted Halifa Sallah,
the leader of the opposition National Alliance for Democracy and
Development (NADD), as saying that President Yahya Jammeh was
“wealthier than the Gambia”, and a column by Ceesay in which he was
critical of coups d’état (Jammeh came to power in 1994 in a coup).
Saidykhan had previously been arrested on 27 October 2005 and questioned
for several hours before being released. His detention was apparently
linked with a 24 October Independent article regarding the
December 2004 murder of prominent journalist Deyda Hydara. The
Independent has been the subject of intimidation by President Yahya
Jammeh’s government for several years, including an armed attack that
destroyed the newspaper’s printing works in April 2004. (See also
Lamin Fatty).
GUINEA
Fled/threatened
*Amadou Sadio DIALLO: managing editor of the on-line magazine Les
Ondes de Guinée (www.ondes-guinee.press-guinee.com) was forced to
flee from Guinea to Senegal with his family in December 2005 after
being attacked for his work as a journalist. According to reports, Diallo
has been receiving frequent anonymous phone calls and believes that the
Guinean authorities are keen to keep him silent. On 8 June 2006, he told
PEN “I know that individuals close to the Guinean President and many
within the army, police and others top officials involved in high level
corruption and human rights violations are trying by all means to locate
me and are eager to keep me silent”. In addition, on 29 May 2006 and 3
June, Diallo informed PEN that he was concerned by the suspicious
activities of a woman and a man who had approached his wife and had
loitered outside his apartment.
IVORY COAST
Disappeared – presumed killed
Guy-André KIEFFER: writer and independent reporter who holds joint
French and Canadian nationality, disappeared on 16 April 2004. Kieffer
was last seen at a shopping centre in Abidjan and has made no contact
with anyone since that time. Background: The journalist and writer,
who has lived with his family in the Ivory Coast for several years, is the
Abidjan correspondent for the French publication La Lettre du Continent
and contributes occasionally to several magazines. He also reportedly
writes for the Ivoirian press under a pseudonym and was collaborating on
a book with Louis-André Dacoury-Tabley, foreign affairs coordinator for
the Patriotic Movement of the Cote d’Ivoire (Mouvement patriotique de
Cote d’Ivoire – MPCI). In addition to his work as a journalist and writer,
Kieffer has also worked as a cocoa and coffee trade expert for a firm of
consultants and has conducted numerous investigations into the coffee
and cocoa sectors, come of which have exposed corruption.
Investigation: Following Kieffer’s disappearance, rumours circulated in
the Ivory Coast that the body of a white man had been found in a suburb
of Abidjan. Michel Legré, the brother-in-law of President Gbagbo’s wife,
Simone Gbagbo, was reportedly the last person to have seen Kieffer
before his disappearance. Michel Legré, a relation of President Gbagbo
who was the last person known to have seen Kieffer, named eight
suspects whom he claimed had kidnapped Kieffer on behalf of the head
of presidential security. However, the examining magistrate complained
to the public prosecutor that he found that he was blocked in his attempts
to interview them. Legré was subsequently charged with ‘accessory to
kidnapping’, ‘unlawful confinement’ and murder. He was also charged
with defamation. Non-governmental organizations such as Reporters
without Borders (RSF) are accusing the judicial authorities in the Ivory
Coast of making a scapegoat out of an accomplice ‘to avoid going after
those who are really responsible’. On 13 December 2004, the French
investigating judge Patrick Ramael requested that the main suspect in the
case, Michel Legré, be transferred to France for two months of questioning
as an attempt to counter the lack of progress. *Arrest of new
suspect: On 11 January 2006, Jean-Tony Oulaï, an Ivorian army captain
who claims to have belonged to the Ivorian special services , was arrested
outside Paris and the French judicial authorities announced that he is to
be formally investigated on suspicion of kidnapping and illegally
detaining Kieffer. According to reports, Oulaï has contradicted himself
many times in his statements and evidence suggests he could have been
the head of a commando group that kidnapped and eliminated Kieffer. In
a joint statement issued in February 2006 by the two judges in charge of
the French investigation, Patrick Ramaël and Emmanuelle Ducos called
upon the Ivorian government to agree to Michel Legré’s transfer to
France as soon as possible, claiming that Legré is a key witness whose
transfer has been awaiting Ivorian approval for more than a year. Legré
was held in an Abidjan detention centre for a year and half before being
granted a provisional release in October 2005.
Death threat
*Konan N’BRA: reporter with the newspaper Soir Info, with photographer
Abdoul Karim Koné and their driver, were threatened on 19 January
2006 by a group of Young Patriots armed with machetes at an illegal road
block., They were beaten and their equipment and money taken before
they managed to escape from their assailants after two hours. Young
10 Patriots is a group that supports Ivorian President Laurent Gbagbo. From
16 to 19 January the Young Patriots reportedly seized control of the
streets of Abidjan and threatened and attacked many journalists whom
they believed did not belong to the pro-Gbagbo camp.
Threatened
*Frank KONATE: journalist with the opposition daily newspaper 24
Heures was reportedly threatened with being burnt alive along with his
24 Heures colleague, cameraman Basile Zoma, by a group of Young
Patriots on 14 January 2006 (Young Patriots is a group that supports
Ivorian President Laurent Gbagbo.) Konate and Zoma were on their way
to cover a meeting of the International Task Force created by the United
Nations to implement a resolution to the effect that the current Ivorian
parliament should not be extended when it expires. They were stopped in
their vehicle at a roadblock put up by members of the Young Patriots.
Once the demonstrators realised that the two men were journalists they
reportedly threatened to pour petrol over the car and set it ablaze.
However, the intervention of a leading member of the Young Patriots
apparently prevented the demonstrators carrying out their threat.
KENYA
Brief detention/facing charges
*Chaacha MWITA, Ayub SAVULA and Dennis ONYANGO: editor
and reporters respectively for the daily The Standard, were arrested in
Nairobi on 28 February 2006. In the early hours of 2 March, the newspaper’s
printing house was raided by the ‘Kanga group’, an elite militarystyle
police squad formed to tackle violent crime. The masked police
officers, apparently wielding AK-47 assault rifles, burnt roughly 20,000
copies of the 2 March edition and put the press out of action. The three
journalists were charged with “publishing alarming statements” and
released on bail on the day of the raid. Two other Standard journalists are
apparently being investigated and may be similarly charged. The charges
and the raid were sparked by a Standard report that Kenyan president
Mwai Kibaki had met in secret with former cabinet minister Kalonzo
Musyoka.
David OCHAMI and Onyango OMOLLO: journalist and editor
respectively with the Sunday Times, were arrested at the Kenya Times
offices in Nairobi on 27 and 28 September 2005 respectively. Ochami
was arrested by a dozen armed policeman after being tricked into leaving
his office. The two journalists were charged on 29 September with
“publishing an article that was likely to cause fear and alarm to the
public” and freed on bail of Sh30,000 (c. US$415) each. The charge
relates to a 25 September Sunday Times opinion column by Ochami entitled
“Coups in Africa do not occur out of nothing”
(www.timesnews.co.ke/25sep05/nwsstory/opinion.html). The piece
considered why coups occur in Africa and the possibilities of one taking
place in Kenya. The trial opened on 8 November 2005. The two face a
maximum sentence of two years’ imprisonment. *No further information
as of 30 June 2006.
Facing charges/in hiding
*Johnstone MATIVO: journalist at The Weekly Citizen, was arrested
along with four other members of staff when police raided the offices of
the Nairobi-based newspaper on 20 February 2006. Equipment, documents
and copies of newspapers were confiscated in the raid. The action
apparently came in the wake of a Weekly Citizen article that alleged that
President Mwai Kibaki had lost control of his government. Tom Oscar
Alwaka (owner and managing editor), Willy Chimazi (political editor),
David Matende (senior political editor) and Okoth Ong’aro (editor) all
went into hiding to avoid arrest. On 23 February, Mativo, Alwaka,
Chimazi, Matende, Ong’aro and six other Weekly Citizen employees
were charged with “publishing an alarming story”. Seven of the eleven
appeared in court and were freed on police bond; the four in hiding were
charged in absentia and warrants issued for their arrest. A further hearing
was held on 9 May 2006.
Brief detention/in hiding
*Mburu MUCHOKI and Bernard WAMBUGU: editor and publisher,
and journalist of The Independent respectively, have been the subjects of
investigation by law-enforcement agencies. The offices of the weekly
newspaper were raided by police on 20 February 2006. Equipment,
documents and copies of newspapers were confiscated in the action.
Wambugu was arrested and released the next day without charge.
Muchoki immediately went into hiding to avoid arrest. It is unclear what
prompted the raid.
Sentenced: non custodial
*Johann WANDETTO: a journalist with The People Daily, was
sentenced on appeal on 16 February 2006 to six months in prison or a
50,000-shilling fine (c. US$800 euros) for “publication of alarmist information.”
The sentence stemmed from a March 1999 (sic) article in which
Wandetto alleged that bodyguards of then president Daniel arap Moi had
surrendered their weapons to militiamen who had ambushed them in the
town of Kapenguria. The original sentence had been eighteen months’
imprisonment. Wandetto paid the fine.
LESOTHO
Case closed
Bethuel THAI and Khutliso SEKOA: editor-in-chief and reporter
respectively with the weekly Public Eye, were summoned to appear
before the chief magistrate on 21 March 2005 and face possible “defamation”
charges. *No information since then. Case closed.
LIBERIA
Brief detention
*Abas DULLEH and Olando ZEONGAR: reporters with the newspapers
New Democrat and Heritage respectively, were reportedly briefly
detained along with two radio journalists on 13 June 2006. The detention
of the four men – whilst they were outside the State House in the capital
Monrovia – was apparently ordered by deputy Special Security Service
(SSS) director Ashford Peal in order to prevent the journalists from
checking a story that five high-ranking SSS officers had been dismissed.
*Emmanuel SAYON: reporter for the newspaper New Vision, was reportedly
briefly detained along with a radio journalist whilst covering a riot
by former Liberian army soldiers in front of the Ministry of National
Defense building in Monrovia on 25 April 2006. The two were held for
several hours by United Nations soldiers who claimed that they did not
have valid identification papers.
Attacked
*Alfred KAINE, editor-in-chief of the weekly The Parrot, was allegedly
attacked by a group of unidentified men in Monrovia on the evening of
20 January 2006. Kaine reported that he was whipped and dragged along
the ground by his attackers who accused him of editing a newspaper that 11
ran stories contrary to their political interests. His assailants went on to
claim that there was nothing as sick as The Parrot. Kaine suffered cuts
and bruises in the attack.
Case closed
Augustus FALLAH: managing editor of the newspaper Forum, was the
subject of an arrest warrant issued by a court in Monrovia on 4 March
2005 for “contempt of court”. Fallah claims that he did not receive a
summons to appear in court on 4 March. No further information since
then. Case closed.
MALAWI
On trial
*Robert JAMIESON, Dickson KASHOTI and Arnold MLELEMBA:
owner, editor and reporter respectively for the newspaper Chronicle,
were reportedly arrested in Lilongwe on 8 May 2006. The detention
stemmed from a Chronicle article that claimed that Attorney-General
Ralph Kasambara and Charles Simango, Director for the Media Institute
of Southern Africa (MISA) in Malawi, had taken part in a deal involving
a stolen computer. The three were granted bail on 9 May and ordered to
stand trial on criminal charges for the defamation of Kasambara.
*Jika NKOLOKOSA and Maxwell NG’AMBI: Blantyre Newspapers
Ltd (BNL) general manager and Malawi News journalist respectively, are
being tried on charges of criminal libel brought by Health Minister
Hetherwick Ntaba. The trial opened on 29 May 2006 with both men
pleading ‘not guilty’. The charge relates to a December 2005 Malawi
News article penned by Ng’ambi in which it was claimed that an
auditor’s report Ntaba had mismanaged public finances. Three days after
the trial opened, Ntaba became the ex-Health Minister on being sacked
by President Bingu wa Mutharika.
Case closed
Mabvuto BANDA: reporter with the newspaper The Nation, was
arrested on 15 March 2005 along with BBC journalist Raphael Tenthani,
and interrogated regarding a story covered by both of them in which it
was alleged that President Bingu wa Mutharika complained of being
haunted by evil spirits. The two were charged with “publishing false
information that is likely to cause public alarm” and released on police
bail the next day. *No further information since then. Case closed.
MAURITANIA
Investigation
Moulaye NAJIM and Abdel OULD SEJAD: journalists with the newspaper
Points Chauds were arrested and imprisoned on October 19 2005
for allegedly publishing pornographic pictures taken at Nouakchott
Civilian Prison. The pictures were of a prisoner who had been sentenced
to a 21 year prison term for murder. According to information received
by PEN, the photos had been printed in Points Chauds to denounce the
practice in the prison of prisoners being photographed naked. Najim has
been released but Sejad remains in prison. *No further information as of
30 June 2006. WiPC investigating.
Death threat/in hiding
*Khalil Ould JDOUD: editor of the Arabic-language daily newspaper Al
Akhbar, was reportedly attacked on 15 February 2006 when his car was
apparently deliberately rammed by a vehicle in Nouakchott. He fled the
car and went into hiding. Earlier on the same day several armed men had
gone to the offices of Al Akhbar looking for him following the publication
the previous day of a report on the financial state of the commerce
and investment bank BACIM. The men were reportedly sent by a former
army colonel turned businessman, Mohamed Mahmoud Ould Deh, one
of the leading figures in the former regime. Police were called and
arrested the assailants who were led by the half-brother of the bank’s
main shareholder. Before the attack, the half-brother of Col. Ould Deh
had telephoned the editor, who suggested that he could give him a right
of reply if he wished but was told “We don’t want to deny anything, we
are going to kill you”.
Case closed
Mohamed Lemine Ould MAHMOUDY: freelance journalist, was
arrested on 13 March 2005 in connection with an article he had published
concerning an alleged case of slavery. Mahmoudy was released on bail
on 13 April 2005. *No further information since then. Case closed.
MOROCCO
Sentenced – suspended
*Driss CHAHTANE: editor of the Arabic-language weekly newspaper Al
Michaâl received a one-year suspended prison sentence and a fine of
100,000 dirhams (9,000 euros) for libel at a 9 May 2006 appeal court
hearing. The sentence stemmed from the publication in the 31 May – 6
June 2005 issue of Al Michaâl of a satirical article about the private life
of the Algerian president Abdelaziz Bouteflika, along with a cartoon of
the Algerian president.
Harassment
Ali LMRABET: editor-in-chief of the banned Demain magazine and
Douman, was banned from working as a journalist in Morocco for ten
years and received a fine of 50,000 dirhams (approx. 4,500 euros) by a
Rabat court on 12 April 2005. The sentencing stems from an article
written by Ali Lmrabet which challenged the Moroccan government’s
position on West Saharan refugees. In the 12 January 2005 edition of the
Arabic-language Moroccan weekly Al Moustakil, Ali Lmrabet claimed
that the Sahrawis of Tindouf, southwest Algeria were not being ‘held’ as
Moroccan officials claim, but were ‘refugees’ as defined by the UN.
According to reports received by PEN, there were many irregularities in
Ali Lmrabet’s trial. An appeals court upheld the ten-year ban and fine on
23 June 2005. Previous cases: On 21 May 2004, the journalist received a
three- year prison sentence (reduced from four years on appeal) for
“insulting the person of the king” and committing “an offence against
territorial integrity” following articles and cartoons published in the
weekly newspapers Demain magazine (subsequently closed down) and
Douman in regard to the annual allowance that the Moroccan government
grants the royal family. Ali Lmrabet was released from prison on 7
January 2004 following a royal pardon. Awards: Ali Lmrabet has
received several international awards including the 2003 RSF-Fondation
de France annual press freedom award and a 2005 Hellman-Hammett
award. Honorary Member: English PEN, Danish PEN, Turkish PEN,
PEN USA.
Released
Anas TADILI: editor of the weekly newspaper Akhbar al-Ousbouaa,
was sentenced to six months’ imprisonment on 1 June 2004 on charges
12 of “defamation, vilification of a government official and spreading false
news’’. The charges stem from a 9 April 2004 Akhbar al-Ousbouaa
article about the alleged homosexual activities of a government minister
at a holiday resort. The journalist also received a 10-month prison
sentence on charges relating to foreign exchange regulations. On 19
September 2004, Tadili was sentenced to a further one-year prison
sentence and a fine of 10,000 dirham (approx. 900 euros) having been
charged with libelling the economy minister Fathallah Oualalou.
According to information received by PEN, a number of other
complaints have been brought against Tadili and are currently being
investigated by judicial authorities. As at 3 November 2005 Tadili reportedly
remained in prison despite having completed his one-year jail term
for libel on 29 September 2005. He was eventually released on 29
January 2006. According to reports, Tadili’s lawyer had to threaten the
director of Salé prison with prosecution in order to make him comply
with Tadili’s release after the prison director had reportedly received
ministerial instructions not to free Tadili.
Case closed
Abderrahmane EL BADRAOUI: former editor of the weekly newspaper
Al-Moulahid Assiya.,Reportedly detained in Salé prison since
January 2002, began a hunger strike on 7 October 2005 to protest against
his transfer on 5 October to Mohdya prison which is 150km from where
his family lives in Rabat. El Badraoui was arrested towards the end of
2001 following the publication of two reports about the expropriation of
a French family in Kéntira by local dignitaries and the alleged embezzlement
by senior police officers in Témera. El Badraoui was then
sentenced in January 2002 to a five year prison term (reduced to four on
appeal) for a previous charge for which he had already been acquitted in
a Rabat appeal. In 1998 El Badraoui had been accused of fraudulently
posing as a journalist by one of the brokers involved in the Kéntira case
but the case was dropped when he produced official documents which
proved he was a journalist. El Badraoui was due to be released in January
2006. Case closed.
Anas GUENNOUN: director of the weekly newspaper Al Ahali, was
sentenced to a ten-month prison term on 2 April 2004 for ‘defamation’
for an article that allegedly defamed a politician. The journalist was due
to appear in court on 21 April 2004 to face a second charge of defamation
linked to an article he wrote in 1999 about the private life of a governor
of Tangiers. Guennoun. The prison sentence apparently expires a year
after being handed down and it has been reported that Guennoun has
gone into hiding to avoid serving it. Case closed. Honorary Member:
English PEN.
Abdelaziz KOUKAS: managing editor of the Arabic-language weekly
Al Ousbouia Al Jadida, was due to go on trial on 28 June 2005 and was
reported to be facing a heavy sentence having been charged with
“damaging the monarchic regime”. *No further information since then.
Case closed.
MOZAMBIQUE
Brief detention/facing charges
*Sebastiao CANJERA, Joao MASCARENHAS, and Patreque FRANCISCO:
editor, chief news editor and reporter respectively for the newspaper
Mabarwe, were reportedly arrested on 3 May 2006 on the orders of
the Manica deputy provincial attorney, Jose Abede. They were eventually
released from a prison in Chimoio on 11 May on the orders of Abede’s
superior, provincial attorney Tomas Zandamela. The detention came in
the wake of a Mabarwe article regarding the arrest of local businessman
Tiago Pangaia for alleged theft. Pangaia was later released for lack of
evidence. The President of the Mozambican Supreme Court, Mario
Mangaze, apparently described the detention as “illegal” since
Mozambican law does not allow for the preventative detention of those
charged with libel.
Case closed
Teodoro de ABREU, former editor of the weekly Demos, faced charges
of “libel” following the publication of a letter in Demos written by
Momad Assife Abdul Satar, who is currently serving a prison sentence
for his part in the November 2000 killing of journalist Carlos Cardoso.
The charges have been filed by Attorney General Joaquim Madeira who
objected to the assertion in the letter that he had interfered with a file on
the Cardoso murder case. Nyimpine Chissano, the son of former president
Joaquim Chissano, is suspected of having ordered the killing of
Cardoso but has evaded prosecution thus far. The trial, at which Abreu
and Satar are co-accused, opened on 29 March 2005. Journalists and the
public were barred from entering the court to follow the proceedings.
*No further information as of 30 June 2006. Case closed.
NIGER
Brief detention/sentenced – suspended
*Ibrahim MANZO: director of the weekly independent newspaper
VL’Autre Observateur, received a one-month suspended prison sentence
on 20 February 2006 for “defamation”. He was also fined 50,000 CFA
francs (approx. 76 euros) and ordered to pay symbolic damages of 1
CFA franc to a local businessman. L’Autre Observateur reported in a
December 2005 article that a carjacker had accused the businessman of
selling him the weapon used in the carjacking. Prior to the sentencing
Manzo had been held in preventative detention from 2 February. His
release was ordered by the court on 20 February 2006.
Case closed
Abdoulaye HAROUNA: publication director of the weekly independent
newspaper Echos Express was given a four-month prison sentence and
fined for ‘defamation’ on 27 September 2005. According to reports
received by PEN, the sentencing is linked to an August 2005 Echos
Express article which accused a local governor of corruption in the distribution
of aid in the Agadez region of Niger. As of 29 September 2005
Harouna remained at liberty. Harouna faced another charge of defamation
of the same officialfor an August 2005 Echos Express article. *No
further information as of 30 June 2006. Case closed.
NIGERIA
Detained/facing charges
Owei Kobina SIKPI: publisher of the newspaper Weekly Star, was
arrested on 11 October 2005 and held incommunicado until 17 October
when he was charged at the high court in Port Harcourt with seven counts
of “publishing false news”. He was denied bail. The charges stem from
various reports published in Weekly Star regarding clashes between separatist
militia and government forces in the Niger delta; the presence in
Nigeria of former Liberian president Charles Taylor; and the alleged
involvement of Peter Odili, the governor of Rivers State, in money laundering.
Sikpi had apparently wrongly claimed that the US had threatened
to invade Nigeria if Taylor was not handed over to a United Nations war
crimes court in Sierra Leone. *No further information as of 30 June 2006. 13
On trial
*Rotimi DUROJAIYE: a senior correspondent with the Daily
Independent, has been taken to court, along with Mike Gbenga Aruleba,
a presenter of a political programme on Africa Independent Television.
The two are being tried for “sedition” under a law that had been
presumed to be a “dead-letter”. The precise wording of the charge is
“conspiring to bring into hatred or contempt or excite disaffection against
the person of the president or the government of the federation”. The
charge stems from a report published by Durojaiye on 12 June 2006
alleging that President Olusegun Obasanjo’s new jet was actually five
years’ old and purchased from the German airline Lufthansa rather than a
brand new one bought from Boeing as the government had claimed. The
two face a maximum two-year sentence if convicted. The date for the
next hearing is 27 July 2006.
Brief detention/threats
*Alfred EGBEGI: publisher of the weekly newspaper Izon Link, was
reporedly arrested by police in Yenogoa, in the Niger-Delta region on 12
April 2006. He was released the same day and charged with eight counts
of “conducting himself in a manner likely to cause a breach of the
peace”. The charges relate to an Izon Link article entitled “Ebebi cries
out: Jonathan is stabbing me” in which it was alleged that Bayelsa state
governor, Goodluck Jonathan, and his deputy, Peremobowei Ebebi, were
involved in a power struggle. Egbegi also reported having received
anonymous death threats by telephone in which callers referred to the
article and threatened to “deal with him”.
Death threat
*James OJO: national assembly correspondent for privately-owned daily
newspaper The Sun, reportedly received death threats from supporters of
President Olusegun Obasanjo in May 2006. Ojo is said to have received
several anonymous phone calls in which he was told his life would be at
risk if he continued his “negative reporting on the third term” [a reference
to a possible third term in office served by President Obasanjo].
*Sesan OLUFOWOBI: journalist with Saturday Punch, the weekly
supplement of the daily The Punch, reported that he was summonsed in
Lagos on 8 March 2006 by members of a commission created to investigate
a series of clashes between the police and army. Olufowobi had
recently published an article in which he quoted armed forces chief of
staff Lt. Gen. Martin Luther Agwai as saying that the commission was
pointless. Agwai claimed that he had not said this and apparently warned
Olufowobi to hand over his recording of the interview or “suffer the
consequences”.
*Emmanuel UGWU: Enugu State correspondent for the newspaper
ThisDay (sic), has reported that he received a death threat on the evening
of 24 March 2006. He claimed that a man calling himself Alex had
phoned him and told him to print a retraction to a story he had just
published. If he refused to do so, he would be “fished out” and killed.
The story in question was one Ugwu had filed for ThisDay regarding an
alleged attack on officials carrying out a census in the town of
Amankanu.
Case closed
Kingsley EMERUWA: reporter with the daily The Sun, was allegedly
summoned to appear before the Criminal Investigation Department
(CID) in Abuja on 14 March 2005 to answer questions about a 24
February 2005 Sun article. The piece covered allegations by a political
opponent of Senate president Adolphus Wabara that the latter had forged
a tax receipt. *No further information as of 30 June 2006. Case closed.
RWANDA
Judicial concern
Jean Léonard RUGAMBAGE: journalist with the twice-monthly
newspaper Umoco, received a one-year prison sentence on 23 November
2005 for ‘contempt’ at a public village ‘gacaca’ court hearing. On 7
September 2005 Rugambage had been arrested on charges of the murder
of a banker in 1994 at the height of the genocide in Rwanda, distributing
arms, and forging passports. Two weeks prior to this arrest, a 25 August
Umuco article accused gacaca court officials in the Gitarama region of
mismanagement and witness tampering. International organisations are
concerned that Rugambage is in fact being prosecuted for murder in
retaliation for his journalistic work. At a court hearing on 23 November,
Rugambage brought with him two prison inmates who admitted to the
murder of the banker. (Rugambage had himself been acquitted of the
murder in an earlier separate trial in 1996.) At this court hearing,
Rugambage reportedly accused the presiding judge of bias and
demanded that he step down. As a result of the journalist’s accusation, he
was handed down the one-year prison sentence and the court adjourned
his murder trial saying he must first serve his one-year sentence for
contempt. On 1 December 2005 Reporters Sans Frontières stated that,
“When asked if the two and a half month period that he had already been
detained for would be taken into account in regard to the one-year
sentence he was reportedly told by the judge that the court was not aware
of his arrest. The murder charge seems to have been trumped up because
hisnewspaper criticised irregularities and aberrant behaviour by some of
the gacacas.” PEN position: International PEN holds no position on the
guilt or innocence of Jean Léonard Rugambage. It is, however,
concerned that he has not been given a fair trial. *No further information
as of 30 June 2006.
Detained/facing charges/investigation
Father Guy THEUNIS: former editor of a Rwandan magazine
Dialogue was arrested on 6 September 2005 during a stopover in Kigali
as he returned to Belgium from the Democratic Republic of the Congo.
Father Theunis appeared before a village ‘gacaca’ court on 11 September
where he was accused of having incited hate and ethnic divisions by
quoting passages from the extremist newspaper Kangura in a press view
in Dialogue in the run up to the 1994 genocide. He was classified at the
‘gacaca’ court as being a category one suspect, accused of high-level
responsibility in the genocide and immediately transferred to Kigali
Prison. However, according to reports received by PEN, Theunis’ sole
reason for quoting passages from Kangura was in fact to alert his readers
about the hate messages appearing in the newspaper and to condemn hate
and intolerance. The arrest and ‘gacaca’ trial of Father Theunis, who
worked as a missionary in Rwanda from 1970 until 1994, led to an outcry
in his home country of Belgium. Following a high court examination of
the case, it was ruled that Father Theunis should be relocated to Belgium
to stand trial. Father Theunis was returned to Belgium on 20 November
2005 under an accord between Rwanda and Belgium under which the
Belgian authorities would investigate charges brought against him in
Rwanda. On his arrival in Belgium Father Theunis was reportedly immediately
questioned by officials handling the judicial investigation initiated
against him in Belgium as a result of the accord. *No further
14 information as of 30 June 2006.
Threatened
*Bonaventure BIZMUREMYI: editor of the independent fortnightly
newspaper Umuco, was threatened by four armed men during the night
of 15 January 2006. The men reportedly forced their way in to
Bizmuremyi’s house and ordered him to stop publishing articles which
were critical of the ruling Rwandan Patriotic Front (RPF). The men left
after neighbours intervened. In the latest issue of Umuco, Bizmuremyi
had criticised the lack of separation of powers in Rwanda and accused
the RPF of being incapable of running the country. Bizmuremyi has been
repeatedly harassed and intimidated for his work as a journalist and since
September 2005 has been detained and interrogated several times by the
security forces in Rwanda.
Case closed
Charles KABONERO: editor of the newspaper Umuseso, was tried on
16 November 2004 on criminal charges of “Defamation” and ‘‘divisionism’’
in connection with an article published in August 2004 that
reportedly accused parliamentary Vice President Denis Polisi of plotting
to seize power. On 23 November 2004 Kabonero was acquitted on the
criminal charge of ‘‘divisionism’’ but convicted of “defamation” and
ordered to pay a fine. Kabonero was handed down a one-year suspended
sentence on 22 March 2005 at a prosecution appeal hearing which found
that the 23 November 2004 trial court had been too lenient. *No further
information as of 30 June 2006. Case closed.
SENEGAL
Main case
*Moustapha SOW: publication director of the daily L’Office, was
sentenced to six months’ imprisonment in February 2006. He was not
immediately called upon to begin this sentence, however, and was not
detained until 29 June 2006. The conviction for “defamation” stemmed
from a slew of L’Office articles regarding businessman Bara Tall.
L’Office claimed that Tall had been implicated in a trial for embezzlement
at building sites in the town of Thiès. Sow is currently detained at
the Reubess detention centre. He has appealed against the conviction.
The sentence allows for no possibility of parole.
Charges dropped
Madiambal DIAGNE: publication director of the independent daily
newspaper Le Quotidien, was arrested on 9 July 2004 and charged with
publishing articles reportedly alleging fraud in the customs service and
government interference in the judiciary. *The charges against Diagne
were dropped on a procedural point on 2 May 2006.
SIERRA LEONE
Killed - investigation
Harry YANSANEH: acting editor of the daily For Di People, died of
kidney problems in hospital on 27 July 2005. His death was apparently a
direct result of an assault he suffered on 10 May 2005. In a letter that
Yansaneh (34) sent before his death to the Sierra Leone Association of
Journalists (SLAJ), he explicitly accused member of parliament, Dr
Fatmata Hassan, of ordering the 10 May attack. According to Yansaneh,
one of Hassan’s sons threatened him and vandalised the For Di People
office – of which Hassan is reportedly the landlady – in the early evening of
10 May. When the editor was on his way to the police station to make an
official complaint about the incident, he claimed he was set upon by a
group including Hassan’s two sons, Bai Bureh and Mohamed Komeh.
Yansaneh also accused Hassan herself of being present when Bureh sat on
his neck and threatened to kill him. The journalist made a statement to the
police who issued a medical report and took photographs of his injuries.
The motives for the assault appear to be Hassan’s apparent desire to evict
For Di People from their offices, coupled with the member of parliament’s
dislike of the newspaper’s criticism of the government. Harry Yansaneh
took over the editorship of For Di People in October 2004 when former
editor Paul Kamara was imprisoned for “seditious libel”. After the attack,
Bai Bureh and Mohamed Komeh are alleged to have returned to London,
UK, where they are apparently resident. A coroner’s inquest into the killing
of Harry Yansaneh announced its findings on 26 August 2005. The jury
concluded that the killing amounted to “involuntary manslaughter”. The
coroner issued arrest warrants the same day against suspects Fatmata
Hassan; Mohamed Komeh, Bai Bureh Komeh and Aminata Komeh
(Hassan’s three children); Reginald Bull (Hassan’s bodyguard) and Olu
Campbell (a property evaluator). Bull and Campbell were allegedly at the
scene of the crime at the time the attack was carried out. Hassan, Bull and
Campbell were reportedly arrested the same day and released on bail on 30
August. Hassan’s three children were believed to be in the United
Kingdom. However, by 31 December 2005, no charges had been filed
against any of the suspects and there was no indication that charges were to
be pressed in the foreseeable future. *On 7 February 2006, the Attorney
General and Minister of Justice Frederick Carew declared that he would not
press manslaughter charges against Hassan and others believed to have
been involved in the attack on Yansaneh on the grounds that there was
“insufficient evidence” that the attack had hastened his death. Carew is still
apparently deliberating over whether he will charge Hassan and her alleged
confederates with “assault”. However, he has admitted that if any action at
all is taken, it will be to charge only Hassan’s two sons with “assault”.
Brief detention
*Sahr Musa YAMBA: editor of the newspaper Concord Times, was
reportedly arrested by plain clothes policemen on 20 March 2006. The
detention was made on the instructions of the Attorney General and
Minister of Justice Frederick Carew. It stemmed from reports in Concord
Times (and other newspapers) that Omrie Golley, a Sierra Leonean
charged with treason, had told journalists that Carew had made false allegations
about him. The Attorney General then claimed that Yamba’s
publication of this comment made it seem as though he was a liar. The
next day, however, Carew discharged Yamba.
SOMALIA
Detained/facing charges
Ahmed Mohammed ADEN: Internet journalist.Reportedly detained on
28 November 2005 after posting an article online in which he claimed
that a faction known as the Jubba Valley Alliance had been importing
arms. If it is true, such action violates the 2004 peace agreement and the
United Nations arms embargo. The Jubba Valley Alliance held Aden in
the city of Kismayo, which they control, until his release on 2 December.
He was accused of publishing “false information” on the Gedonet
website (www.gedonet.com). Somalia has had no central government
since 1991 when the Siad Barre regime collapsed. The Transitional
Federal Government installed in 2004 is divided and has failed to reunite
the country which remains under the control of various former
warlords. *No further information as of 30 June 2006. 15
Detained
*Hussein Yasin GODEGODE: online journalist with the website
Idamaale.com, was reportedly arrested on 26 June 2006 in the town of
Galka’yo in the Mudug region of Somalia. Police forces of the Puntland
Regional State of Somalia, which controls the northeast regions of the
country, reportedly carried out the arrest after Godegode wrote critical
reports on the Mudug region. It is believed that the arrest was ordered
by Sa’id Mohammed Ali, an official from the Puntland ministry of
finance.
*Mohammed Abdi URAD: editor of the daily Jamhuuriya, was reportedly
arrested on 18 June 2006 in Hargeisa by soldiers from the Criminal
Investigation Department (CID) of Somaliland and transferred to the
Central Detention Centre. Jamhuuriya has reported that the regional
court of Hargeisa issued a warrant for Urad’s arrest after the office of the
Attorney General took issue with the publication of two articles
published on 31 May and 2 June 2006 respectively. The first article was
about the seizing of 305 pistols in Berbera by the police and the second,
written by a US-based Jamhuuriya reader, Ali Guled, was a discussion of
current affairs and the politics of Somaliland.
SUDAN
Harassment
*Nhial BOL: chief editor of the English and Arabic language daily
Citizen, was reportedly summonsed for questioning on 29 January 2006.
Police officers apparently ordered him not to print the Arabic version of
the newspaper on Fridays (presumably because this is a holy day for
Muslims). Bol asked them to provide him with a written order to that
effect stating the specific law under which the order was being given. To
date, no such written order has been received at the offices of the Citizen
and the Arabic version continues to be published on Fridays.
Case closed
Mohamed Taha Mohamed AHMED: editor-in-chief of the daily Al-
Wifaq, was charged with “insulting the prophet Mohamed” following an
article in Al-Wifaq about a 15th Century Islamic manuscript which posits
the theory that the prophet Mohamed’s father was not Abdallah but a
man named Abdel Lat. Ahmed’s trial opened on 4 May 2005. *No
further information since then. Case closed.
SWAZILAND
Brief detention/attacked
*Phinda SIHLONGONYANE: journalist with the Times of Swaziland,
was reportedly attacked and detained whilst covering a story at the
National Handicraft Training Centre at the town of Ezulwini on 16
February 2006. Sihlongonyane, who is also the Secretary-General of the
Swaziland National Association of Journalists (SNAJ), was accused,
along with a photojournalist, of trespassing by lecturers at the centre who
dragged the men to a library and threatened to beat them up. Eventually,
Sihlongonyane managed to summon the police who were able to negotiate
the freeing of the two journalists.
Death threat
*Musa NDLANGAMANDLA: chief editor of the Swazi Observer,
reported on 26 April 2006 that he had been subjected to a number of
anonymous death threats. The intimidation comes in the wake of an
Observer campaign against illegal loan sharks. Ndlangamandla has
reported the threats to the police.
TANZANIA
Brief detention
*Dominic WABALA and Fredrick OMONDI: reporters for the newspaper
Nation, were reportedly arrested, along with two television journalists,
by immigration officers whilst covering a trial (of twelve
Kenyans charged with murder) in the town of Moshi on 24 March 2006.
The journalists, Kenyan nationals, were held for three hours by officials
who claimed that they should have paid a fee of 7,235 Kenyan shillings
(c. $US100) each in order to work legally in the country. However, no
such fee had been requested of them when they entered the country. The
journalists were released by the Moshi chief magistrate.
TUNISIA
Main case
Mohammed ABBOU
Profession: on-line internet writer, lawyer and human rights activist.
Sentence: three years six months. Expires: 1 August 2008 Details of
arrest: Arrested on 1 March 2005 and taken to 9 April prison in Tunis.
Charges: “publishing false reports’’, “insulting the judiciary’’, “inciting
people to break the law’’ and “publishing offences’’ in connection with
an article which he had written and posted on the Tunisnews website in
August 2004. The article reportedly compared torture committed against
political prisoners in Tunisia to abuses carried out by US soldiers in
Iraq’s Abu Ghraib prison. On 28 February 2005, Mohammed Abbou
posted an article on the same website Tunisnews in which he ironically
compared Tunisian President Ben Ali to Israeli Prime Minister Ariel
Sharon and it is thought that his recent arrest is in fact linked to the publication
of this latter article. Trial and sentence: On 29 April 2005, Abbou
was handed down an 18-month prison term for the above charges. He
was also given a two year term for an incident at a 2002 conference in
which the lawyer supposedly physically attacked a colleague. The
sentences totalling 3H years were upheld on appeal on 11 June 2005.
Trial irregularities: With reference to the two-year prison term,
Tunisian lawyer and human rights activist Radhia Nasrawi reportedly
said that “There was no concrete evidence to back up the charge [of the
attack], apart from an unsigned medical certificate which has no legal
standing. A number of witnesses would have been able to testify that no
assault was committed during this conference in 2002”. French lawyer,
Guillaume Prigent, who was at the appeal on behalf of Reporters Sans
Frontières, said that basic rights of the defence had not respected. The
hearing reportedly only lasted a few minutes and the judge began by
sending the diplomats out because they were ‘making too much noise’.
He then expelled the media and others, including the defendant’s wife,
leaving only the defence lawyers and legal observers from foreign NGOs
in the courtroom. Representatives of the US, France, the EU, Finland and
Spain tried to attend the hearing. As well as Prigent, lawyers from the
International Federation for Human Rights (FIDH), Amnesty
International and Lawyers Without Borders were present. Prison conditions/
health: Abbou undertook a hunger strike on for several days as of
25 July 2005, along with his wife, to protest against his detention.
*According to reports received by PEN, Mohammed Abbou began
another hunger strike on 11 March 2006 to protest the worsening of his
16 prison conditions which reportedly deteriorated since a 2 March 2006
gathering of protesters calling for his release took place outside the
prison where he is being held. Since 2 March 2006, Abbou has been
subjected to various forms of harassment including attacks by prison
guards who have reportedly woken him and beaten him in the middle of
the night, searches and threats to tarnish the reputation of his wife and
family. Authority officials have reportedly been instructed to harass
Abbou’s wife, family and lawyers during weekly visits. On 9 March
Abbou’s elderly mother was only allowed to see her son for three
minutes despite not having seen him for three months. According to
reports received by PEN, the prison authorities have also been inciting
Abbou’s fellow prisoners to harass him. According to an appeal issued
by Amnesty International on 31 March 2006, Mohammed Abbou lost
consciousness during a visit by his family on 30 March 2006. Following
the April 2006 Tunisia Monitoring Group (TMG) - IFEX mission
Mohammed Abbou and his family have continued to face harassment.
On 6 May 2006 an agent of the political police gained access to the
Abbou family balcony during the night for the third time in one week.
Abbou has been threatened by fellow prisoners in front of guards who do
not come to his defence. Honorary member: English PEN and
Norwegian PEN.
Investigation
Hamadi JEBALI
Profession: editor of weekly al-Fajr (Dawn) and member of the al-
Nahda party. Sentence: total 17 years Expires 30 January 2008. *Jebali
was released on 25 February 2006. On 5 May 2006, around ten plainclothed
police followed Jebali and his wife from their home in Sousse to
Tunis, where he was summoned by a magistrate to answer apparently
fabricated charges related to an alleged attempt on his and his wife’s part
to bribe a prison guard. The hearing was postponed to 7 June 2006. PEN
is seeking further information. Honorary member: Finnish PEN.
Banning order
Abdallah ZOUARI: journalist with al-Fajir. Zouari reportedly occasionally
contributes articles to Tunisnews (www.tunisnews.net),
NahdhaNet (www.nahdha.net), and Kalima (www.kalimatunisie.com).
Living under a banishment order applied in 2002 following his release
from an 11-year prison term. Zouari’s banishment order requires him to
live in Zarsis, a town in the south of Tunisia, far from his family in Tunis.
[The journalist was one of 265 defendants convicted by military courts in
July and August 1992 on charges of plotting to overthrow the government
and belonging to the unauthorized association the Ennahda Islamic
Movement. Although members of Ennahda were accused by the authorities
of attempting to ‘‘overthrow the government, the leadership of
Ennahda has publicly repeatedly condemned the use of violence.] On 18
July 2003, Abdallah Zouari was sentenced to four months in prison for ‘‘
defamation’’ after complaining about being barred from a cybercafe in
Zarsis. Zouari has reportedly undertaken hunger strikes during his
imprisonment and has made complaints against the conditions of his
detention. Zouari began another hunger strike from 23 January to 25
February 2005 to protest his banishment order and the rejection of his
numerous written requests for permission to visit his family.
Threatened/harassed
Naziha RJIBA (also known as Om Zeid) (f): editor of the Arabic
edition of the online magazine Kalima and human rights activist. (1)
Reportedly received a warning on 3 December 2005 from “a source close
to the [Tunisian] authorities” that she should expect reprisals following
articles that she published before and after the second phase of the World
Summit of the Information Society (WSIS) held in Tunis between 16-18
November 2005. According to report, during the WSIS she was under
tight police surveillance with plain-clothed policemen stationed in her
garden. Her telephone line and internet connection were also cut. (2) On
14 November Naziha was reportedly manhandled by the police when she
attempted to attend a preparatory meeting of the Citizens’ Summit on the
Information Society at the Goethe institute. She reportedly suffered heart
pains following the assault. (3) On 13 March 2006, Rjiba’s husband
Mohammed Taieb Jallali, a former opposition member of parliament
known for taking positions against unjust laws and a member of the
National Council for Freedom in Tunisia (Conseil National pour les
Libertés en Tunisie - CNLT), received anonymously a video cassette with
pornographic material in which he apparently featured. He had received
an anonymous email on 7 March 2006 informing him that the video
would be widely circulated. Jallali has filed a complaint with the state
prosecutor’s office for harassment and damage to his reputation. 4) On 4
May 2006, members of the Tunisian security forces stopped Rajiba at
Tunis airport for four hours as she was returning from Cairo, where she
had participated in a conference commemorating World Press Freedom
Day. Security officers tried to confiscate from her the book The
Authorized Biography of Nelson Mandela. Background: The online
magazine Kalima has been banned in Tunisia since it began in October
2000 although it is still hosted abroad. Naziha Rjiba has suffered persecution
over recent years because of her writings on the internet and her
opinions on satellite stations. On 18 November 2003 Naziha Rjiba was
given an eight-month suspended jail sentence and fined 1,200 dinars
(approx. US$1000) for “illegal possession of foreign currency and transferring
it to an unauthorised person”. On 25 September 2003 Naziha
Rjiba was summoned by the authorities in charge of customs investigations
for exchange offences and was accused of giving a young Tunisian
170 euros (approx. US$210). The writer’s lawyers demonstrated at her
trial that the accusations against her were unfounded and that the charges
were politically motivated. Award: Co-recipient of the Novib/ PEN in
November 2005 along with her colleague Sihem Bensedrine who is the
editor of the French language version of the on-line magazine Kalima.
Honorary member: English PEN and Belgian Flemish PEN.
Harassed
Lotfi HAJII: president of the independent Tunisian Journalists’
Syndicate (Tunisian Journalists’ Union – SJT). Has suffered harassment
for some years (for details see previous caselists) and took part in a
hunger strike in late 2005 in protest at the lack of human rights safeguards
in Tunisia to coincide with the staging of the Word Summit on
Information Society that was held in Tunis in November 2005. *The
most recent incident occurred on 27 April 2006 when Hajji was reportedly
detained by the police for four hours following an alleged secret
meeting that he held on 27 April at his home in Bizerte. According to
Hajji this latest episode of police harassment was on account of his activities
as head of the SJT and its new report on attacks on the press.
UGANDA
On trial
*James TUMUSIIME and Semujju Ibrahim NGANDA: editor and
reporter respectively for the independent Weekly Observer, have been
charged with “promoting sectarianism” following an article which criticised
government persecution of the opposition leader Kizza Besigye 17
published on 1 December 2005. The article, which preceded a presidential
election in February won by President Yoweri Museveni, claimed
that the president and a small group of army generals from his Bahima
ethnic group organised “an operation to keep Besigye in jail”. At the time
of the article’s publication, Besigye was imprisoned facing charges of
treason, terrorism and rape. Although a ruling by a civilian court had
granted him bail, he remained in prison as a result of a warrant issued by
the military, later declared illegal. Besigye was released in early January.
The date for Tumusiime and Nganda’s trial to begin was given as 15 June
2006 and the journalists reportedly intended to plead not guilty. If
convicted, they face up to five years in jail. The charge brought against
them falls under article 41 of Uganda’s penal code, criminalising any
statement likely to promote “feelings of hostility among or against” any
group on ethnic, regional or tribal lines. The Committee to Protect
Journalists (CPJ) protested the decision to prosecute the journalists,
claiming that it “smacks of political retribution” and calling for the criminal
charges to be “dropped immediately”.
ZAMBIA
Charges dropped
Fred M’MEMBE: editor-in-chief of the daily Post, was arrested, interrogated
for six hours and released on bail on 9 November 2005. The
following day he was charged with “defamation of the president” under
Section 69 of the Zambian Constitution which carries a maximum
sentence of three years in prison. *All charges against M’membe were
dropped on 14 February 2006. No reason was given for the dropping of
the charges.
ZIMBABWE
On Trial
Iden WETHERELL, Vincent KAHIYA and Dumisani MULEYA:
managing editor, news editor and chief reporter respectively for the
newspaper Zimbabwe Independent, were arrested on 10 January 2004 on
charges of “criminal defamation” under Section 80 of the Access to
Information and Protection of Privacy Act (AIPPA). The three were
released on bail of Z$20,000 (c. US$25) each on 12 January 2004. The
charges stem from a 9 January Independent article in which it was
alleged that President Robert Mugabe had commandeered an Air
Zimbabwe Boeing 767 in order to take his family and some aides for a
holiday in Asia. Passengers booked on the plane, which was apparently
intended for a scheduled flight to London, were temporarily stranded at
Harare airport. Wetherell (56), Kahiya and Muleya face two years’
imprisonment if convicted. On 14 January 2004, the newspaper’s general
manager Raphael Khumalo and reporter Itai Dzamara (co-author of the
Air Zimbabwe article) were summoned by police and charged with the
same offence. Charges were subsequently dropped against Khumalo.
Wetherell, Kahiya, Muleya and Dzamara were ordered to appear in court
on 10 January 2005 to face trial. The then Minister of Information and
Publicity, Jonathan Moyo, confirmed that the article itself was “not fictitious”
but rather “blasphemous”, a statement which implies that the
former minister believed President Mugabe was God or, at very least, a
sacred being, a claim that even the Zimbabwean president has yet to
make in public. The Air Zimbabwe managing director, Rumba Change,
has also declared that the article was accurate. On 10 January 2005,
Wetherell, Kahiya, Muleya and Dzamara were all removed from
remand. The judge delivered this ruling when the state prosecutor failed
to supply a trial date for the four men. They are thus awaiting a summons
to appear in court at a later date to be decided by the prosecutor. No
further information as of 31 December 2005. Trial believed to be ongoing.
Journalists and former journalists with the Daily News: 49 Daily
News journalists were summonsed for questioning by police between
September and October 2003. All the journalists had written for the
Daily News or the Daily News on Sunday between 1 January and 11
September 2003 and were included on a list demanded by police from
newspaper executives. They had all attempted to register as journalists
under the terms of the draconian Access to Information and Protection of
Privacy Act (AIPPA) but their applications had not been passed on to the
Media and Information Commission (MIC) because the Daily News
owners, Associated Newspapers of Zimbabwe, were challenging the
constitutionality of AIPPA in the courts. Perversely, those journalists
who had not tried to register were not summonsed. At least 19 of the
journalists were subsequently charged with violation of Section 83 of
AIPPA for their failure to register as journalists. None are detained. In
one notable case, that of Kelvin Jakachira – eventually acquitted on 31
August 2005 – Harare magistrate Prisca Chigumba ruled that the journalist
had applied for accreditation and had followed all the procedures
for application prescribed under AIPPA. Eight of the remaining 48 journalists
charged with working whilst not accredited were due to appear in
court on 12 October 2005. However, the prosecutor did not serve the
journalists with a summons to appear and so the hearing did not take
place. It is not known whether this is a sign that the prosecutor no longer
wishes to pursue such cases in the light of the acquittal of Kelvin
Jakachira. *The charges had still not been dropped as of 30 June 2006.
Facing charges
Willie MPONDA: editor of a Gweru-based community newspaper The
Sun, was due to appear in court on 17 June 2005 to face charges of
“publishing falsehoods” under the Public Order and Security Act
(POSA). The charge relates to a 10 June Sun article that alleged that a
woman in Gweru had committed suicide as a result of her informal shop
being destroyed by the police as part of the Mugabe regime’s “Operation
Murambatsvina” (“Get rid of trash”). The police claim that the woman
left a suicide note citing personal problems as the reason for her actions.
Mponda was questioned by police about the story on 16 June and issued
a “warned and cautioned” statement. On 3 August 2005, Mponda
pleaded not guilty to the charges which carry a maximum five-year
prison sentence. The trial is taking place in Gweru, Midlands Province.
*No further information as of 30 June 2006.
Brief detention
*Sydney SAIZE: journalist with the banned Daily News, was reportedly
arrested on 18 January 2006 and accused of practicing journalism
without accreditation. He was freed three days’ later after his lawyer filed
an application compelling the state to bring charges or release him.
Harassment
*Sunsleey CHAMUNORWA and Hama SABURI: editor and deputy
editor respectively of the Financial Gazette (FinGaz), were ordered to
report to the Media and Information Commission (MIC) between 9-13
January 2006. When they did so, Tafataona Mahoso, the head of the
MIC, threatened to withdraw FinGaz’ publishing licence because they
refused to retract a 1 December story that questioned whether the MIC
18 was independent.
*Cont MHLANGA: playwright and artist, was reportedly summonsed to
appear before officers at Bulawayo police station on 9 May 2006. He was
questioned for two hours about the alleged political nature of his new
play Pregnant with Emotions due to open the following month. The
police officers accused Mhlanga of working in tandem with Archbishop
Pius Ncube in calling for protests against the Zimbabwean government.
The previous day, police raided the building housing Mhlanga’s theatre
company, Amakhosi Theatre Productions, and took away material advertising
the forthcoming production.
Case closed
Davison MARUZIVA: editor of the weekly newspaper The Standard,
was summoned on 19 April 2005 to be questioned by police in Harare.
The next day he was accused of “publishing false information” under the
Access to Information and Protection of Privacy Act (AIPPA). No further
information has come to light in the last twelve months regarding this
cases which has therefore been closed.
AMERICAS
ARGENTINA
On trial
*Angel RUIZ, journalist with the weekly El Este Rionegrino, was
reported in February 2006 to be facing criminal charges of ‘libel’ and
‘insult’ which allow for a prison sentence of up to three years. The
charges stem from an El Este Rionegro report regarding the smuggling of
fossils between Argentina and Italy. The article accused Marcelo
Solorza, the provincial official for culture, and other government officials
of involvement in the smuggling. Ruiz was reportedly subjected to a
great deal of harassment from the local authorities in the wake of the
article, and when he refused to reveal his sources for the piece, he was
threatened that the newspaper would be closed down. The first hearing in
the trial occurred on 28 February 2006.
Death threats
*Carla BRITOS (f): owner and director of the daily La Tapa, reported
that her daughter discovered a death threat near the front door of the
family home on 2 February 2006. The threat was in the form of a piece of
Peronist party writing paper on to which had been glued letters spelling
out ‘Muerte a Britos’ (‘Death to Britos’). It is unclear what exactly
prompted the threat. In 2002 and 2003, Britos received a number of
threats from a former mayor belonging to the Peronist party.
Attacked
*Alberto CALLEJAS: editor of the local daily El Nuevo Cambio, was
reportedly assaulted by Omar García, president of the ruling Justicialista
(Peronist) Party, and two council employees in Lanús on 18 January
2006. Witnesses later claimed that they saw García going to his car,
apparently to fetch a gun. Callejas has taken the matter to the courts
since, apparently, he is not the first journalist to have been physically
assaulted by the politician over unfavourable coverage of his actions.
BRAZIL
On trial
Aziz FILHO, Fred GHEDINI, Murilo FIUZA DE MELO and Luiz
CHAVES: president of the Rio de Janeiro Journalists’ Union, president
of the São Paulo Journalists’ Union, reporter for Lide magazine, and
president of the Rio de Janeiro Metalworkers’ Union respectively, were
charged on 10 July 2005 with “defamation” and “insult” by businessman
Nelson Tanure, owner of the Gazeta Mercantil and Jornal do Brasil
newspapers. The legal action followed the publication of an article in
Lide magazine (published by the Rio Journalist’s Union) denouncing the
poor working conditions suffered by the employees of Tanure’s newspapers.
Ghedini and Chaves also described the businessman as a “media
predator” and an “enemy of the press” in separate articles. The journalists
face a maximum one-year prison term if found guilty. However, since
none of them has a criminal record, it is more likely they will be fined if
the court should find against them. *No further information as of 30 June
2006.
Ancelmo GÓIS: columnist with the daily O Globo, had the judicial
action against him re-opened on 1 August 2005. He is charged with
publishing information considered sub judice. Three days beforehand his
lawyers succeeded in having the trial suspended. However, that ruling
was swiftly overturned. Góis is accused of having published information
in February 2004 regarding a legal dispute between two magistrates,
even though he merely noted the existence of the dispute and did not go
into detail about it. The following month, charges were brought against
him by the Public Prosecutor. He faces a maximum six-year prison term
if convicted. *No further information as of 30 June 2006.
Attacked
*Staff at Tribuna Livre: were attacked at the newspaper’s offices on 18
May 2006. Reportedly three masked gunmen entered the offices, beat up
several members of Tribuna Livre staff and ordered the rest to lie on the
floor. They then set fire to a printing press and all of that day’s copies of
the newspaper. As a parting gesture, one of the men threw a home-made
bomb into the building. The attack on the newspaper comes in the wake
of its coverage of a week of violent confrontations between police and
criminal gangs in the city of São Paulo. During the attack, the three
assailants repeatedly warned the staff that the newspaper should stop
reporting on a gang known as Primeiro Comando da Capital.
*Staff at Mogi News: were put at risk when a bomb was thrown from a car
at the newspaper’s offices in Mogi das Cruzes, São Paulo, on 13 January
2006. No one was injured in the blast. Mogi News staff claimed that the
attack was related to the newspaper’s editorial stance.
Death threats
*Vilmar BERNA: editor of the daily newspaper on environmental issues
Jornal do Meio Ambiente, has reportedly received a string of macabre
death threats since early May 2006 when a bloodied partially charred
body was dumped outside his home in Niterói. Since then, he has apparently
received a number of threatening phone calls from an unidentified
woman. In the meantime, he was warned by a friend who had heard
rumours that Berna was to be murdered and dumped in the sea. On 27
May, six men apparently made a forced entry into his home and threatened
him. Berna reported the threats to the police on 7 June 2006 but they
only passed his complaints on to the local judicial authorities a month
later when the threats were reported in a national newspaper. Berna is 19
one of the founders of Rebia, the Brazilian Environmental News
Network.
Threatened
*Luciamem CAIAFFO WINCK, Luis GONÇALVES and Jurema
JOSEFA: journalists with the Correio de Povo, were reportedly all
threatened by Río Grande do Sul police delegate Rudimar de Freitas
Rosales on 8 March 2006. The police officer was apparently trying to
coerce them into revealing their sources for a Correio de Povo article
regarding an occupation carried out by landless farmers at an industrial
site in Barra do Ribeira.
Cases closed
Lúcio Flávio PINTO: publisher and editor of the Belém-based bimonthly
Jornal Pessoal, reportedly faced eighteen separate criminal and
civil actions – ten of which are for libel. . The law suits stem from articles
he has written regarding drug trafficking, illegal deforestation and
corruption. *No further information as of 30 June 2006. Case closed.
Cláudio Júlio TOGNOLLI: journalist, faces charges of libelling
senator Jorge Bornhausen in an article entitled “Eye of the Hurricane –
Public Prosecutor’s Office accuses Bornhausen of laundering US$15
billion”. The piece appeared on the Consultor Jurídico website in 2003.
The accusation, brought by the senator against Tognolli and the lawyer
he interviewed for the article, was accepted by the High Court on 15 June
2005, a move that precedes full judicial action. *No further information
as of 30 June 2006. Case closed.
CANADA
Death Threats
*Pascal BERNIER-ROBIDAS: journalist with the daily Journal de
Trois-Rivières, was reported in March 2006 to have received death
threats following an article he had written in the Quebecois newspaper.
The individual apparently responsible for making the threats has been
arrested by police.
Harassment
*Bill DUNPHY: a journalist with the daily Hamilton Spectator, was
facing a possible prison sentence after police applied for a court order in
January 2006 requiring him to hand over the notes of an interview he
carried out with convicted drug dealer, Paul Gravelle. Dunphy refused to
do so and the police initiated criminal proceedings against him. The case
was heard by Superior Court Justice Stephen Glithero who, on 28
February 2006, found in the journalist’s favour and dismissed the case.
CHILE
Attacked
*Julio OLIVA, Iván VALDÉS and Marcos DÍAS: chief editor and
reporters respectively with the weekly El Semanario, were reportedly
attacked by police and then briefly detained whilst covering a 30 May
2006 demonstration by teachers and students in the capital Santiago.
Riots broke out during the march during which the three men, along with
several other media colleagues were set upon by police despite the fact
that they were wearing armbands clearly identifying them as journalists.
Oliva, Valdés and Días were taken to a police station where they were
pushed around and insulted. Oliva reported that the police told him that
his alleged links with the Chilean Communist Party was reason enough
for him to be arrested. El Semanario had apparently provoked the ire of
the police by reporting in its online version that the police were planning
to infiltrate the march. The three journalists were released the same day.
COLOMBIA
Facing charges
*María Jimena DUZÁN (f), María Isabel RUEDA (f) and Daniel
CORONELL: journalists with the magazine Semana, were informed on
2 January 2006 that they faced charges of “injury” and “calumny”
brought by former senator Carlos Náder. The charges relate to a Semana
opinion piece written by Coronell and published on 24 June 2005 in
which he claimed that he had received e-mailed death threats sent from
Náder’s computer. Duzán and Rueda wrote opinion pieces in support of
their colleague. Daniel Coronell is currently in exile in the United States.
Carlos Eduardo HUERTAS, Rodolfo Segovia SALAS and Mauricio
VARGAS: journalists with the magazine Semana, the newspaper
Portafolio and the magazine Cambio respectively, face criminal charges
of “defamation” and “insult”. The legal action was started against them
on 19 September 2005 by public works contractor Alfonso Hilsaca
Eljadue. All three journalists reported on allegations of corruption within
the Cartagena state government. Hilsaca is implicated in such allegations.
Vargas also reportedly received death threats unrelated to this case
in September and November. *No further information as of 30 June
2006.
Death threats
*Juanita ARDILA (f): editor of the newspaper El Periódico de Chía,
reportedly received an anonymous death threat by telephone on 12
February 2006. The caller warned that she and the newspaper’s administrator,
Carlos Arango Duque, would be killed if they continued to publish
articles about the mayor of Chía, Fernando Sánchez Gutiérrez. An article
in El Periódico de Chía in November 2005 claimed that Sánchez
Gutiérrez had begun a campaign to discredit the newspaper.
*Gustavo BELL LEMUS, Ernesto MCCAUSLAND SOJO and
Armando BENEDETTI JIMENO: director of the daily El Heraldo de
Barranquilla, columnist for the dailies El Heraldo de Barranquilla and
El Tiempo, and columnist for El Heraldo de Barranquilla respectively,
all reportedly received false parcel bombs at their homes between 3 and 5
June 2006. Immediately prior to the receipt of the packages, El Heraldo
had run a series of articles on corruption, criminality and vote rigging
within the corridors of power in Barranquilla. The Colombian government
has offered a reward of US$40,000 for information leading to the
conviction of those who sent the parcels.
*Hollman MORRIS: print and television journalist, has had his life put at
risk by a scurrilous video circulated in March 2006 by a little-known far
right group called Frente Social por la Paz (Social Front for Peace, an
organisation neither social nor peaceful and possibly linked with right
wing paramilitary groups). The video describes alleged illegal activities
committed by the leftist guerrilla organisation Fuerzas Armadas
Revolucionarias de Colombia (Revolutionary Armed Forces of
Colombia – FARC) and claimed that Morris was a FARC supporter. Such
a claim would seek to portray Morris as a legitimate military target in the
eyes of right wing paramilitaries. In 2005, Morris received funeral
wreaths in an attempt to intimidate him. The journalist has a long track
record of reporting on human rights abuses.
*Marcos PERALES: director of the weekly Barrancabermeja-based
20 Portada, reported in March 2006 he had received a number of death
threats followed by an e-mail purportedly condemning the threats but
then going on to justify them. The message ended: “Now we are beginning
to realize how these threats might be useful in order to straighten
you out . . . Too bad that a journalist would prostitute himself for a few
dollars. Be careful.”
*Antonio Rafael SÁNCHEZ SÁNCHEZ: stringer for El Meridiano de
Córdoba and contributor to daily El Tiempo, was reported in February
2006 to have received a threatening phone call from individuals who
identified themselves as coming from Tierra Alta, a town near Montería
dominated by right-wing paramilitaries. One of the callers told him, “If
nothing happened to you last Friday, it was because you were in the
shopping centre with your source (Antonio Rafael Sánchez) and some
children”. Sánchez confirmed that this had indeed been the case. The
implied threat was also extended to two other journalists who work for
the investigative team at El Tiempo who have been working with
Sánchez on issues pertaining to Tierra Alta.
*Antonio VARGAS VALBUENA: director of the monthly tourist newspaper
Primera Plana, reportedly received a death threat from a group of
between twenty and thirty armed men who raided a car park in Pereira,
Risaralda, on 8 March 2006. Vargas was guarding the latest print run of
Primera Plana in the car park when the men arrived and threatened to
kill him if he did not hand over the newspapers. They said they were
there on the orders of Elsa Gladys Cifuentes Aranzazu, the former
governor of Risaralda. Cifuentes was standing for election to the Senate
for the Cambio Radical (Radical Change) party. Vargas contacted the
police and four were sent to the scene. However, they made no attempt to
arrest any of the men, who simply left with around 16,000 copies of the
newspaper. The action presumably came as a result of an article in the
March edition of Primera Plana in which an article entitled “Will corruption
reach the Senate?” called into question Cifuentes’ record as
Risaralda governor.
Brief detention
*Marcelo FORERO: reporter with the Bogotá-based news website El
Turbión, was detained along with three other Colombian journalists in
Cauca province on 17 May 2006 while covering indigenous protests
against a free trade pact with the United States. Forero and the other
reporters were released two days later without charge, although they
were reportedly attacked immediately prior to their arrest. Apparently
Forero was beaten with batons before he was taken into police custody,
after he had identified himself as a journalist. Having released all four
journalists, the police have reportedly yet to return certain items of
personal property that they confiscated at the time of the arrests.
Fled
*Pedro CÁRDENAS CÁCERES: journalist for the fortnightly magazine
La Verdad, fled with his family from his home town of Honda to the
capital Bogotá on 13 May 2006. He reportedly received a death threat
after complaining that his state-provided bodyguard had connections
with the paramilitary United Self Defence Forces of Colombia (AUC).
Cárdenas reported that he was threatened with death by one of his bodyguards,
provided by the Administrative Security Department (DAS),
after exposing an attempt by the bodyguard to recruit an AUC member to
the team that accompanies Cárdenas. The journalisthas received several
death threats during his career and has spent some time in exile in
Uruguay from where he returned to Colombia in January 2006, where he
resumed his work as an independent journalist, exposing local corruption.
Between January and May 2006 Cárdenas reportedly received
several threatening messages, after which he was provided with a team of
bodyguards by the DAS. Following Cárdenas’ complaint, his bodyguards
were changed and later withdrawn altogether, the police and the interior
ministry protection programme having concluded that Cárdenas was no
longer in danger. However, on 7 and 8 May, the journalist received
funeral wreaths at his house and decided to move himself and his family
away from the area.
*Diro César GONZÁLEZ: Director, editor and owner of La Tarde de
Barrancabermeja, a weekly newspaper based in Barrancabermeja has
reportedly fled the town. This follows an incident in which two men, one
of them armed, came to his home on 17 January 2006 inquiring his
whereabouts, this after the publication on 30 December 2005, of an
article about the murder of a young female the week before. It is not the
first time González is threatened. His name is apparently included in a
list of journalists and human right workers in the region, to be murdered
by the Paramilitary groups operating in the area. The publication is
currently suspended.
*Jenny MANRIQUE CORTÉS (f): journalist with the daily Vanguardia
Liberal, fled Bucaramanga, on 14 January 2006 in the wake of a series of
death threats she allegedly began to receive in May 2005. Manrique has
gone into hiding elsewhere in Colombia. The death threats – all via
anonymous telephone calls – began when the journalist published a
number of reports about the activities of local paramilitaries.
*Olga Cecilia VEGA CUBILLOS (f): correspondent for the US-based
daily The New Herald, fled Florencia on 1 February 2006, in the wake of
a series of death threats she reportedly began to receive in October 2005.
Vega claims that the threats come from state security officers. The final
threat reportedly came from unidentified individuals who came to the
hotel where she was living and warned that they would blow it up if she
did not leave Valencia within 48 hours. In October 2005, Vega published
a report on Raúl Reyes, one of the heads of the left-wing guerrilla group,
the Fuerzas Armadas Revolucionarias de Colombia (Revolutionary
Armed Forces of Colombia – FARC), and it was this that apparently
sparked off the threats. The journalist has been the subject of numerous
death threats since 2001 and has been obliged in the past to spend time
out of Colombia as a result.
COSTA RICA
Possible charges
*Ana María NAVARRO RODRÍGUEZ (f): director of the regional
newspaper El Norteño, is facing a possible 100-day sentence on the
grounds that she has allegedly violated Article 7 of the Print Law introduced
in May 2006. In June 2006, Navarro was charged with defaming
the Mayor of Goicoechea, Carlos Murillo, in articles published in 2003,
in which the journalist called into question the mayor’s handling of local
matters.
CUBA
Main cases
April 2003 Crackdown Trials The following 25 writers, journalists and
librarians were among 35 sentenced during one-day trials held on 3/4
April 2003 under laws governing the protection of the Cuban state. They
were arrested as part of a crackdown on alleged dissidents that began on
18 March 2003 and in which 75 people in total were detained and tried.
The one-day court hearings were held behind closed doors and there was
insufficient time for the accused to put together a cogent defence. The 21
accusations focused on the alleged conspiratorial dealings between the
defendants and James Cason, the chief of the US Special Interests
Section in Havana. Shortly before the crackdown Cason had considerably
stepped up his contacts with Cubans who had voiced opposition to
Fidel Castro. Charges All the detained were tried under Article 91 of the
Penal Code and Law 88. Article 91 deals with charges of acting against
“the independence of the territorial integrity of the state”, the maximum
penalty for which is death. Law 88 is a catch-all piece of legislation that
has been used in the past as a means for sending writers and journalists to
prison. It allows for prison sentences of up to twenty years for those
found guilty of committing “acts that, in line with imperialist interests,
are aimed at subverting the internal order of the Nation and destroying its
political, economic, and social system.” Appeals All those sentenced
lodged appeals with the Tribunal Supremo Popular (Supreme Popular
Tribunal) in April 2003 but none were successful. However, since April
2004, ten of those sentenced have been conditionally released, seemingly
for health reasons. Background An official statement on the Cuban
government website (www.cubagov.cu) explicitly condemns the alleged
actions of James Cason and, by definition, those with whom he has
allegedly conspired. The fact that the statement goes on to mention the
so-called Five Heroes – Cuban nationals who infiltrated Miami-based
anti-Castro organisations – suggests that the arrests may also have been
made as a reprisal, and possibly as a bargaining chip to obtain their
release. The Five Heroes have been detained in the US for the last four
years. [The name in brackets after the length of sentence denotes the
prison in which each writer or journalist is being held.] The Working
Group on Arbitrary Detention of the United Nations Commission on
Human Rights has formally declared that all those sentenced in the
March 2003 clampdown are being detained arbitrarily (Category II).
Pedro ARGÜELLES MORÁN: director of Cooperativa Avileña de
Periodistas Independientes (Avileña Independent Journalists
Cooperative – CAPI) Sentence 20 years. Prison Canaleta, Ciego de
Ávila. Year of birth c.1948. Transferred in May 2003 from Santa Clara
Provincial Prison, Villa Clara to Combinado del Este, Havana) –
sentenced under Law 88. Argüelles reported that he was suffering from
cataracts and had lost a lot of weight. Transferred in August 2004 from
Combinado del Este, Havana to El Tiburón prison in the province of
Sancti Spiritus, which is much nearer his home. Reported to have been
freed on 29 November 2004, but it was later discovered that he had
merely been transferred to the Combinado del Este prison. Reported in
March 2005 to be suffering from inflammation of the liver. In July 2005,
was reported to be suffering from cataracts in both eyes which had
rendered him practically blind. Transferred to Canaleta prison in Ciego
de Ávila in November 2005. Honorary Member: English PEN
Víctor Rolando ARROYO CARMONA: author, journalist (Unión de
Periodistas y Escritores de Cuba Independiente) Independent Cuban
Union of Journalists and Writers – UPECI) & Cubanet) & librarian
(Reyes Magos Library) Sentence 26 years. Prison Holguín. Year of
Birth 1951. Charge Article 91. Prison conditionshealth concerns
Arroyo has staged a number of protests against prison conditions and as a
result has been held in “punishment cells” on at least four occassions
since his imprisonment. Reported in August 2005 that a prison warder
had threatened Arroyo that he would not leave the prison alive. On 8
September 2005, Arroyo went on hunger-strike with a fellow inmate in
protest over prison conditions. He was subsequently transferred to
Holguín prison and hospitalised. The hunger-strike ended after 24 days
when the authorities came to an agreement with the journalist over his
demands. Arroyo’s wife reported on 2 December 2005 that her husband
had not been receiving medical attention for ailments arising out of his
hunger strike. Arroyo suffers from pulmonary emphysema. Honorary
member: Finnish PEN
Mijaíl BÁRZAGA LUGO: journalist (Agencia Noticiosa de Cuba)
Sentence 15 years. Prison Santa Clara Provincial Prison, Villa Clara.
Charge Law 88. Reported to have suffered from conjunctivitis after a
month in a punishment cell in September/October 2003. Bárzaga (35) is
the brother of well known human rights activist Belkis Bárzaga Lugo.
Honorary Member: Netherlands PEN
Adolfo FERNÁNDEZ SAÍNZ: journalist (Agencia Patria) Sentence 15
years. Prison Canaleta, Ciego de Ávila. Year of Birth 1947. Charge
Law 88. Health concerns Went on hunger strike on at least three occasions
in 2003 in protest of prison conditions. In September 2004 it was
announced that Fernández had developed an as yet undiagnosed lump on
his torso that is feared could be malignant. Reported in February 2005 to
be suffering from emphysema, a cyst in one of his kidneys, a hernia,
prostatic hypertrophia (Grade 1), generalised arthritis and high blood
pressure. Began a hunger strike on 19 August 2005 with two fellow prisoners
in protest at an alleged assault by a prison guard on one of the latter
who was also sent to a punishment cell. A week later, on discovering that
the prisoner in question had been removed from the punishment cell, the
hunger-strike was abandoned. Reported to have been transferred from the
Cuba Sí prison in Holguín to the Canaleta prison in Ciego de Ávila on 5
December 2005. Honorary Member: English PEN
Miguel GALVÁN GUTIÉRREZ: journalist (Havana Press) Sentence
26 years. Prison Agüica, Matanzas. Year of Birth 1965. Charge Article
91. Sentence confirmed on 3 June 2003 by the Supreme Popular
Tribunal. On or around 3 August 2003, Galván, was reportedly threatened
by the Agüica prison governor with a transfer to Guantánamo
prison, over 500 miles away from his family, if he continued passing
news to the outside about prison conditions. Transferred in May 2004 to
Block 10 of Agüica prison which houses prisoners considered highly
dangerous, including those serving life sentences for murder. Reported
that he had been transferred to this block so that the other prisoners
would kill him. Also claimed that a prison guard was encouraging other
prisoners to attack him physically and sexually. Reported to have a physical
disability due to a road accident. In October 2004, Galván’s straw
mattress was removed from his cell by the authorities meaning that he
has to sleep on bare boards. Honorary Member: Sydney PEN
Julio César GÁLVEZ RODRÍGUEZ: freelance journalist Sentence15
years. Prison Combinado del Este, Havana. Charge Law 88. Reported in
March 2004 to have been transferred to the Celestino Hernández Robau
hospital in Santa Clara suffering from high blood pressure and kidney
stones. Transferred back to prison on 9 July 2004 after four months of
post-operative recuperation. Reported to have been handcuffed and
beaten by his ‘re-educator’ before being moved. On returning to the
prison, Gálvez spent some time in a punishment cell. His wife, Beatriz
del Carmen Pedroso, appealed for parole on medical grounds on behalf
of her husband but this was turned down by the authorities. Moved from
Santa Clara Provincial Prison, Villa Clara, to Combinado del Este Prison,
Havana, in August 2004. Gálvez’ wife reported in March 2005 that he
was suffering from arthrosis – a degenerative disease of the joints – and
high blood pressure. Honorary Member: English PEN
José Luis GARCÍA PANEQUE: journalist (Agencia Libertad) &
librarian (Carlos J Finlay Library) Sentence 24 years. Prison Las
Mangas, Granma. Year of Birth c. 1965 Charge Law 88 and Article 91.
Reported to have suffered from mental illness during his imprisonment.
22 Transferred to the ward at the Prisión de Jóvenes in Villa Clara in or
23
around July 2004. Reported in March 2005 to have lost over half his
bodyweight since starting his sentence due to intestinal problems, and to
be extremely emaciated. Transferred to the infirmary at the Combinado
del Este prison in Havana in November 2004. Former fellow prisoner
Raúl Rivero reported on 12 April 2005 that García had been transferred
to a prison psychiatric ward, a move he claimed signalled the journalist’s
impending release. Transferred from Combinado del Este prison in
Havana to Las Mangas prison in Granma in November 2005. Reported to
be suffering from intestinal problems and internal bleeding. Honorary
Member: English PEN
Ricardo Severino GONZÁLEZ ALFONSO: president, Manuel
Márquez Sterling Journalists Society, director of De Cuba magazine, and
librarian (Jorge Mañach Library) Sentence 20 years. Prison Combinado
del Este, Havana. Year of Birth 1950. Charge Article 91. On 13 January
2005, González underwent a successful operation to remove some gallstones.
Still reported to be suffering from a variety of ailments including
a cyst of the throat and a heart murmur. Former fellow prisoner Raúl
Rivero reported on 12 April 2005 that González had been transferred to a
prison psychiatric ward, a move he claimed signalled the journalist’s
impending release. González reported in June 2005 that he required a
second operation, this time for Aureus staphylococcus. On 2 December
2005 this operation took place successfully at the hospital within the
Combinado del Este prison. González is recovering successfully from the
operation although his weight is still low. On 11 January 2006 he was
moved from the hospital to a cell of the building in the same prison.
Honorary member: Finnish PEN
Léster Luis GONZÁLEZ PENTÓN: journalist (Movimiento
Democracia) and member of human rights movement ALFA-3 Sentence
20 years. Prison Prisión de Jóvenes – formerly known as Pretensado –
Santa Clara. Year of Birth 1977 (February). Charge Article 91.
Reportedly held a hunger strike with fellow prisoner Juan Carlos Herrera
Acosta from 18-22 March 2004 to mark their first year in prison. He is
the youngest of the 75 opposition members arrested in March 2003.
Reported in August 2004 that he was undergoing daily physiotherapy
sessions at the Amalia Simoni hospital to rectify spinal problems.
González announced in November 2004 that he would be joining the
Héctor Maseda-organised hunger strike on the 18th of each month (see
below) in order to demand the release of all “political prisoners and prisoners
of conscience” in Cuba. Transferred to the Dr Celestino Hernández
Rubau hospital in Santa Clara on 3 December 2004 where he was diagnosed
with chronic gastritis. He was also found to have sinusitis, a condition
for which he was to be operated on. Reported in April 2005 to have
received treatment in hospital for severe haemorrhoids. Returned to
prison on 10 May 2005. Reported to have been transferred to the prison
wing of the Celestino Hernández Robau prison, Santa Clara, on 11
October 2005, where he was due to receive treatment for haemorrhoids.
*Reported to have staged a three-day hunger strike from 17-19 March
2006 to protest against the alleged harassment suffered by his wife Yanet
Ocaña and his mother-in-law Miriam Castro, who were apparently
threatened after taking part in a rally by the ‘Ladies in White’ (the group
of wives and mothers of the so called ‘75’ dissidents). Honorary
Member: Sydney PEN
Alejandro GONZÁLEZ RAGA: freelance journalist Sentence 14
years. Prison Canaletas, Ciego de Ávila. Charge Article 91.
Iván HERNÁNDEZ CARRILLO: journalist (Agencia Patria) and
librarian (Juan Gualberto Gómez Library) Sentence 25 years. Prison
Holguín. Date of Birth 24 May 1971. Charge Law 88. Reported to have
started a 13-day hunger strike on 15 August 2003 with Adolfo Fernández
Saínz and Mario Enrique Mayo to demand decent food and medicine for
seriously ill prisoners. Reportedly transferred to a punishment cell on 17
October 2003, though the reasons for this are not known. Apparently
received a death threat from a fellow prisoner in April 2004, although the
motives are unknown. Honorary Member: Catalán PEN, Scottish PEN
Normando HERNÁNDEZ GONZÁLEZ: director of Colegio de
Periodistas Independientes de Camagüey (Camagüey College of
Independent Journalists), journalist (Cubanet) Sentence 25 years.
Prison Kilo 5H prison, Pinar del Río. Year of Birth 1970. Charge
Article 91 and other provisions of the Criminal Code. Transferred from
Boniato prison, Santiago de Cuba to Kilo 5H prison, Pinar del Río in
2004. Prison concerns/health conditions Hernández has suffered
numerous medical complaints since his imprisonment, including high
blood pressure, heart and abdominal problems. It is also reported that he
has suffered abuse in prison including assaults by staff, being held with
prisoners with acute psychiatric disorders, some of whom extremely
dangerous. Hernández’ wife reported in February 2005 that the journalist
had been moved to the Abel Santamaría hospital in Pinar del Río
suffering from a number of abdominal complaints. Reported to have been
transferred from the Pinar del Río Hospital back to his cell at the Kilo 5H
prison on 28 July 2005. At the hospital he underwent treatment for tuberculosis
and a gastric illness. *Reported to have been transferred to a
punishment cell on 28 March 2006 for failing to stand to attention when
ordered and for singing anti-government slogans. It is not clear how long
the prison authorities ordered him to spend in the cell. Honorary
Member: English PEN
Juan Carlos HERRERA ACOSTA: journalist (Agencia de Prensa
Libre Oriental (Eastern Free Press Agency – APLO)) Sentence 20 years.
Prison Kilo 8, Camagüey. Charge Law 88. Transferred from Boniato
prison, Santiago de Cuba, to Kilo 7 prison, Camagüey. Reported in May
2005 to have been transferred to the prison ward of the Amalia Simone
Hospital in Camagüey. Prison conditions/health concerns On 23 May
2005, Herrera was allegedly dragged by prison guards into a room before
being beaten and threatened. His aggressors apparently also warned him
that he would be charged with “insulting Fidel Castro”. *Began a hunger
strike on 4 March 2006 to protest against the miserable conditions in
which he is held, the poor medical care and the physical and verbal
mistreatment to which he claims he and his fellow prisoners are being
submitted. On 23 March 2006, following a protest at allegedly being
beaten up by guards on the previous day, he apparently sewed his mouth
up. It has been reported he has been suffering from cardiopatía, renal
problems, hypertension, vitiligo (a rare skin condition) and asthma.
Herrera ended his hunger strike on 29 March.
Herrera has reputedly suffered abuse on several occasions since his
imprisonment including beatings, threats and prison officials inciting
other prisoners to attack and harass him. Herrera has gone on hunger
strike on at least three occasions between 2003 and 2005 in protest of
prison conditions. During one such occasion he reportedly cut his own
legs, severly wounding himself. He suffers health problems including
cardio-vascular ailments and vitiligo, a disfiguring skin condition.
Honorary Member: German PEN
José Ubaldo IZQUIERDO: journalist (Grupo de Trabajo Decoro &
CubaNet) Sentence 16 years. Prison Guanajay, Havana. Charge Article
91. Sentence confirmed on 3 June 2003 by the Supreme Popular
Tribunal. Reported to have been in a group of prisoners transferred to a
military hospital in Havana at the end of November 2004, a move which
has signalled early release for some prisoners. Subsequently transferred
at an unknown date to Guanajay prison. Reported in August 2005 to be
suffering from pulmonary emphysema. Reported in November to have
been threatened by Major Omar Evelio, the security chief at Guanajay. In
allusion to Izquierdo’s smuggled reports for websites such as Cubanet,
Evelio apparently told him in front of a number of prison officials, “For
the sake of your well being and that of your family I advise you to take a
holiday [from journalism].” *On 9 February 2006 doctors confirmed that
over the past months his health had seriously deteriorated after detecting
a stomach inflammation and gastro-intestinal bleeding.
José Miguel MARTÍNEZ HERNÁNDEZ: librarian (General Juan
Bruno Zayas Library), area representative for the unofficial political
group Movimiento 24 de Febrero, and involved in Proyecto Varela
Sentence 13 years. Prison Kilo 8, Camagüey. Charge Law 88. Reported
to have been in a group of prisoners transferred to a military hospital in
Havana at the end of November 2004, a move which has signalled early
release for some prisoners.
Héctor Fernando MASEDA GUTIÉRREZ: journalist (Grupo de
Trabajo Decoro & CubaNet) and president of the Partido Liberal Cubano
(Cuban Liberal Party) Sentence 20 years. Prison La Pre, Villa Clara.
Year of Birth 1943. Charge Law 88 and Article 91. Announced in
November 2004 that he and three other prisoners would be holding a
hunger strike on the 18th of each month in order to demand the release of
all “political prisoners and prisoners of conscience” in Cuba. Maseda
reported in January 2005 that he had been transferred without explanation
to the Régimen Penitenciario Especial Incrementado (Special
Heightened Prison Regime - REI) section of the La Pre prison. Maseda is
the only prisoner in this section who is not a violent criminal. His
proposed move to a prison near his home in Havana, which was first
mooted in September 2004, has yet to take place. Maseda reported on 26
May 2005 that he had been transferred on 18 May to a cell where conditions
were harder than his previous cell – it being smaller, virtually
without light, and liable to flooding when washing facilities were being
used. Said to be sharing the cell with a highly dangerous prisoner.
Honorary Member: Italian PEN
Pablo PACHECO ÁVILA: journalist (Agencia Patria) Sentence 20
years. Prison Morón, Ciego de Ávila. Charge Law 88. Pacheco
complained on 30 October 2004 that he was not receiving the necessary
medication for his high blood pressure. Reported to have been freed on
29 November 2004, but it was later discovered that he had merely been
transferred from Agüica Prison, Matanzas, to Morón prison in Ciego de
Ávila, his home province. Reported in February 2005 to have been diagnosed
with synovitis in the knees and high blood pressure. After eight
months in the Antonio Luaces Iraola hospital, Pacheco was returned to a
cell in the Morón prison on 17 June 2005.
Omar PERNET HERNÁNDEZ: librarian (20 de Mayo Library, Villa
Clara) and leader of the unofficial Movimiento Nacional por los
Derechos Humanos “Mario Manuel de la Peña” (National Movement
for Human Rights) and involved in the Proyecto Varela Sentence 25
years. Prison Carlos J. Finlay Military Hospital, Havana Year of Birth
1945. Charge Article 91. Health concerns Reported in May 2004 to be
suffering from staphylococcus in the kidneys, an inflamed bladder and
high blood pressure.He was kept in intensive care at the hospital at Ciego
de Ávila for some while. On 10 October 2004, Pernet was transferred to
the Carlos J. Finlay Military Hospital in Havana for medical tests. En
route, his ambulance was involved in a fatal accident but Pernet is not
reported to have been injured. Reported to have been transferred from the
Dr. Carlos J. Finlay military hospital, Havana, to the Dr. Celestino
Hernández Robau Hospital in Santa Clara on 21 June 2005. The move
brings Pernet closer to his family. On 10 October 2005, the first anniversary
of the ambulance accident, Pernet declared a hunger strike to back
his demands that he be transferred to Havana in order to receive an operation
on his left leg which he fractured in the crash. The strike lasted until
25 October. Three days later he was transferred to a military hospital in
Havana.
Fabio PRIETO LLORENTE: freelance journalist and member of the
Asamblea para la Sociedad Civil (Civil Society Assembly) Sentence 20
years. Prison El Guayabo. Year of Birth 1964. Charge Article 91.
Prison conditions/health concerns Prieto has reportedly been held in
appalling conditions since his imprisonment and has undertaken hunger
strikes in protest. Conditions include being held with dangerous prisoners,
overcrowding and denial of daylight. He suffers poor health
including high blood pressure, chronic emphysema, hemorrhoids and
coughs blood. Reported in October 2005 that he was still in the punishment
cell he had been moved to in February because of his refusal to
wear the prison uniform. Prieto’s action is in protest at what he sees as
the inhumane conditions at the prison. *Transferred on 18 January 2006
from Kilo 8, Camagüey to El Guayabo Prison, where he reportedly spent
a week in a punishment cell for refusing to eat food served on apparently
filthy trays. Released from the punishment cell on 24 January. His health
is reportedly poor. Honorary Member: English PEN
Alfredo PULIDO LÓPEZ: human rights activist and journalist
(Agencia El Mayor) Sentence 14 years. Prison Kilo 7, Camagüey.
Charge Article 91. Transferred in August 2004 Combinado del Este
prison in Havana to Kilo 7 prison in Camagüey.
José Gabriel RAMÓN CASTILLO: journalist (Instituto Cultura y
Democracia (Culture and Democracy Institute) & CubaNet) Sentence 20
years. Prison Boniato, Santiago de Cuba. Charge Law 88. On 25
November 2004, Ramón Castillo was transferred to a punishment cell
after refusing to watch a video produced by the Cuban authorities about
three model prisons in Habana. It is not known how long Ramón spent in
the punishment cell. The journalist announced in November that he
would be joining the Héctor Maseda-organised hunger strike on the 18th
of each month in order to demand the release of all “political prisoners
and prisoners of conscience” in Cuba. Reported that he had spent over
two months at Reclusorio Provincial in Santiago de Cuba before being
transferred on 16 February 2005 to Boniato, a prison nearer his home.
Ramón also received medical treatment at the Carlos J Finlay Military
Hospital for a heart disorder, high blood pressure, malfuctioning liver,
and problems with his circulatory and nervous systems.
Blás Giraldo REYES RODRÍGUEZ: librarian (20 de Mayo Library,
Sancti Spiritus) and member of Proyecto Varela steering committee in
Sancti Spíritus (Proyecto Varela is a petition calling for a referendum on
legal reform with the goal of greater personal, political and economic
freedoms and an amnesty for political prisoners) Sentence 25 years.
Prison Agüica, Colón. Charge Law 88. Honorary Member: Sydney
PEN
Omar RODRÍGUEZ SALUDES: director of Nueva Prensa Cubana
Sentence 27 years. Prison Nieves Morejón, Guayos, Sancti Spíritus.
Charge Article 91. Reported in December 2003 to have been transferred
from Kilo 8 prison in Camagüey to Nieves Morejón. Honorary
member: Finnish PEN
Omar Moisés RUÍZ HERNÁNDEZ: journalist (Grupo de Trabajo
Decoro & CubaNet) Sentence 18 years. Prison Nieves Morejón,
Guayos, Sancti Spíritus. Charge Article 91. Prison conditions/health
concerns Reyes has reportedly suffered abuse in prison including solitary
confinements, being held in punishment cell and harrassment. He
24 suffers poor health including high blood pressure, prostate and kidney
problems, an enlarged aorta and an eye complaint. Reported to have been
in a group of prisoners transferred to a military hospital in Havana on 27
November 2003, a move which has signalled early release for some prisoners.
Transferred from Canaleta prison in Ciego de Avila to Nieves
Morejón prison in Guayos, Sancti Spíritus in November 2005. His cell at
Canaleta was taken by Pedro Argüelles Morán who was transferred at the
same time from Nieves Morejón. The move means that both men are now
nearer their families. Honorary Member: Swedish PEN
Other Main Cases
Léster TÉLLEZ CASTRO: director of the Agencia de Prensa Libre
Avileña (Avileña Free Press Agency), was handed down a prison
sentence on 27 April 2004, along with Juan Carlos González Leiva
and Carlos Brizuela Yera both since released. At the one-day trial,
Téllez Castro was sentenced to three years six months’ imprisonment.
The three were charged with insulting President Fidel Castro and disorderly
and disrespectful behaviour under Articles 144 and 200-1 of the
Cuban Penal Code. At the trial, it was apparently revealed that Téllez
Castro was a state security operative but that he renounced his work for
the state, stating that his experiences in prison had converted him into a
genuine dissident. Téllez Castro had been detained since 4 March 2002
when he formed part of a group of human rights activists who staged a
peaceful protest at a hospital in support of a reporter, Jesús Alvarez
Castillo (below), who had earlier been assaulted by police. The Working
Group on Arbitrary Detention of the United Nations Commission on
Human Rights has formally adopted the case.
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 2002.
Alvarez refuses to sign a document that states that he witnessed the
alleged illegal activities of the group. He claims he was only semiconscious
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. Castillo continues to be held in prison,
awaiting trial.
Albert Santiago DU BOUCHET HERNÁNDEZ: director of the news
agency Havana Press, was arrested in Artemisa on 6 August 2005 and
handed down a one-year sentence three days later on being found guilty
of “disrespect” for the Artemisa chief of police. His family apparently
only discovered that he had been detained and sentenced when he
managed to smuggle a note out of the Melena del Sur prison, in the
province of Havana, where he is serving his term. The journalist claims
that he did not have access to a lawyer at any point in the judicial
proceedings and that the charges against him were trumped up. It is
conjectured that Du Bouchet’s detention could be connected with his
reporting of the May 2005 meeting of the Assembly to Promote Civil
Society. He had apparently been warned by state security agents in May
and July to cease his journalistic work or face the consequences. Havana
Press files reports for the Miami-based website Nueva Prensa Cubana.
*Reported in February 2006 to be suffering very severe headaches and a
progressive loss of sight. Du Bouchet is receiving medical attention for
these after he staged a nine-day hunger strike in December 2005 in
protest at not being seen by a doctor.
Oscar Mario GONZÁLEZ PÉREZ: Profession journalist with the
Grupo de Trabajo Decoro news agency. D.o.b 1944 Arrest 22 July 2005,
charged under Law 88 which punishes any “acts that, in line with imperialist
interests, are aimed at subverting the internal order of the Nation and
destroying its political, economic, and social system.” The same law has
been used against many of those caught up in the March/April 2003
clampdown in which 75 members of the opposition were imprisoned.
González was arrested along with 33 other dissidents just prior to a
planned demonstration outside the French Embassy in Havana. The
protest had been organised in opposition to the normalisation of relations
between the European Union and Cuba. Trial details A date for
González’ trial has yet to be set. In December 2005, police at the
Technical Investigations Department (DTI) in Havana told his lawyer,
Amelia Rodríguez, that they could not find any written charges against
him. There seems to be some doubt as to whether any case file against the
journalist actually exists. *As of 30 June 2006, the file containing the
charges against González Pérez was still missing according to the judicial
authorities – if indeed it ever existed. However, no steps to free him
have been taken by the authorities. Prison conditions He was first held
in Havana in a small cell with three other prisoners at a building shared
by the DTI with the State Security Directorate. On 18 January 2006 he
was transferred from the 100 y Aldabo prison in Havana to the 1580
prison in the San Miguel del Padrón district of the capital. Previous
impunity González had been interrogated by police in a Havana police
station on 24 March 2005. During the interview González was told that
he “criticised the government too much” and that the police “would not
allow this to continue.” The officers also apparently told him that he
might be able to obtain an exit visa to visit his daughter in Sweden if he
ceased his journalistic activities. He did not take up the offer. Health
concerns The journalist is reportedly suffering from osteoarthritis in his
neck. The journalist was reported in June 2006 to be suffering from
gastro-enteritis and an ulcer but was not receiving medical treatment.
Detained/possible charges
*Odelín ALFONSO: reporter for the US-based website Cubanet, was
reportedly arrested with his wife in Havana on 13 May 2006. They were
returning home after a meeting with the Ladies in White (a group of
wives and mothers of political prisoners) which Alfonso had been
ordered not to attend by a State Security official. Although Alfonso’s
wife was released after a few hours, Alfonso remained in detention. As of
30 June 2006, it was not clear whether he had been freed.
*Armando BETANCOURT REINA: journalist with the Nueva Prensa
Cubana news agency, was reportedly arrested on 23 May 2006 whilst
covering a demonstration in Camagüey. The journalist was apparently
transferred from police cells to the Cerámica Roja prison in the the
province of Camagüey on 5 June 2006. The police who arrested
Betancourt declared he would be charged with ‘public disorder’.
House Arrest
Roberto GARCÍA CABREJAS: journalist (Instituto Cultura y
Democracia –(Culture and Democracy Institute), arrested in the March
2003 crackdown on so-called anti-patriots and has been placed under
house arrest (see above).
Brief detention/threats
*Ana Leonor DÍAZ CHAMIZO (f): director of the press agency Grupo
de Trabajo Decoro, was reportedly questioned by police after being
taken to the Infanta y Manglar police station in Havana on 25 March
2006. The police officers threatened that she would be charged under
Law 88 (a gag law used against the majority of the so called ‘75’) if she
continued her work for the news agency. Díaz was released the same day. 25
*Abel ESCOBAR RAMÍREZ: reporter for the US-based Cubanet
website, was reportedly arrested by police near the city of Morón on 29
June 2006. He was questioned regarding the contents of his laptop before
being released.
Carlos SERPA MACEIRA: Isla de Pinos correspondent for the press
agency Lux Infopress and bureau chief for Puente Informativo Cuba-
Miami agency,
was reported to have been detained for two hours in Havana on 6
February 2006. He was intercepted by police on leaving the US Interests
Section. During his detention he was lambasted by the police officers and
called a “mercenary”. In November 2005, police raided his home and
confiscated computer equipment, tapes, documents and notebooks. They
also warned that Serpa could be charged under Law 88, the so called
“gag law”.
*Milisa VALLE RICARDO (f): reporter for the news agency Jóvenes sin
Censura, was reported to have been arrested with her husband in Gibara,
Holguín province, on 13 May 2006. After all the books were seized from
her husband’s independent library, the couple were taken to a police
station, given a “final warning” and told that their activities would no
longer be tolerated. They were released the same day.
Harassment
*Julio ALEAGA PESANT: independent journalist, professor and opposition
activist, was reportedly questioned by officers of the political
police in Havana on or around 19 March 2006. They apparently interrogated
him about a piece of work he had written called ¿Quién es quién?
(Who is who?) in which he gave detailed information about nearly a
thousand individuals on the Cuban political scene. The survey accompanied
a thesis on Cuban politics, also written by Aleaga.
*Oscar ESPINOSA CHEPE: economist and reporter for the website
Cubanet,
was called before a hearing at the Popular Municipal Tribunal in Havana
on 28 February 2006. He was informed of a number of obligations he
would have to fulfil should he wish to remain free. Espinosa is one of the
so called ‘75’ who were arrested in 2003 and sentenced to lengthy prison
terms. He was given a conditional release on health grounds in
November 2004 but is liable to be returned to prison at the Cuban authorities’
behest to complete his 20-year sentence. The obligations include
being subject to the authority of local Communist Party organisations
who will report periodically on his conduct; and asking permission from
a judge should he wish to leave Havana.
*Luis Esteban ESPINOSA ECHEMENDIA: reporter with the news
agency Jóvenes sin Censura, had his Ciego de Ávila home visited by a
State Security official on 9 June 2006. The official, finding Espinosa (20)
out, proceeded to interrogate his parents, with whom he lives.
*Gilberto Manuel GONZÁLEZ DELGADO: head of the news agency
Notilibre, reported that state security officials had searched his home in
Havana on 19 February 2006. The officials took away a typewriter and
various documents, and threatened González that he could be charged
under the catch-all Law 88 if he continued with his work for Notilibre.
*Jorge OLIVERA CASTILLO: director of Havana Press, was called
before a hearings at the Popular Municipal Tribunal in Havana on 21
February and 1 March 2006. At the latter hearing he was informed of a
large number of obligations he would have to fulfil should he wish to
remain free. Olivera is one of the so called ‘75’ who were arrested in
2003 and sentenced to lengthy prison terms. He was given a conditional
release on health grounds in December 2004 but is liable to be returned
to prison at the Cuban authorities’ behest to complete his 18-year
sentence. The obligations include doing some sort of “socially useful
work”; complying with any summons issued by a judge, the police, or a
mass member organisation in order to give a full account of his conduct;
and asking permission from a judge should he wish to move house.
Olivera has applied for a visa for himself and his family in order to leave
Cuba but this has been denied them by the political police.
*Ahmed RODRÍGUEZ ALBACIA: reporter for the press agency
Jóvenes sin Censura, reported that he was visited at his Havana home by
two State Security officials on 12 June 2006. The two individuals apparently
entered the house without permission and proceeded to shout at
Rodríguez (21), warning him to stop working for the news agency.
*Shelyn ROJAS (f): independent journalist, was reportedly summonsed
to appear at the Avenida Acosta police station, Havana, on 9 March 2006
to be interrogated about her work, which includes weekly reports about
Cuba.
*Roberto SANTANA RODRÍGUEZ: a reporter for the US-based
website Cubanet, was reported to have been visited in his home in
Havana by officers of the local police chief and local secretary of the
Communist Party and other officials on 27 April 2006. They apparently
informed him that he was under house arrest that day and that if he
attempt to leave his home he would subject to reprisals. Santana was due
to take part in a teleconference that day at the US Interests Section in
Havana. The visit to his home followed two months of threats issued by
Department of State Security officers that he could be charged under the
notorious Law 88 if he continued to write articles critical of the Castro
regime.
Conditional Release
Lamasiel GUTIÉRREZ ROMERO (f): journalist with the news
agency Nueva Prensa Cubana, was sentenced on 9 August 2005 to seven
months “conditional freedom” after having been found guilty of
“resisting the authorities and civil disobedience” at a municipal court in
Nueva Gerona, Isla de Jóvenes. The charges are believed to have been
trumped up. She had been arrested on 14 July 2005 and interrogated for
seven hours. During the interrogation, Gutiérrez (37) was apparently told
by the local head of the intelligence services that he would find some
pretext to bring her to trial if he could not charge her with political
subversion. On 7 October 2005, she lost her right to “conditional
freedom” because she continued to work for Nueva Prensa Cubana, and
was imprisoned in Manto Negro prison in Havana. *On 22 March 2006,
Gutiérrez Romero was again “conditionally released”.
Temporary Release
Mario Enrique MAYO HERNÁNDEZ: lawyer, journalist (chief of
Agencia Félix Varela) serving a 20-year sentence in Kilo 7 prison,
Camagüey, was provisionally released for twelve months on 1 December
2005 on health grounds. Mayo has to report to state security officials in
Camaguey once a month and will report back to prison at the end of
November 2006 when he will be told whether he will remain free or have
to recommence his term. Mayo (41), was sentenced in April 2003.
During his time in prison he conducted at least three hunger strikes, the
most recent being in July and August 2005. The journalist was reportedly
suffering from a wide range of physical ailments including three undiagnosed
lumps on his head, glaucoma, emphysema and high blood pressure.
He began a hunger-strike on 21 July 2005 which he vowed to
continue “until free or dead”. It is not known when he gave this up.
However, it was reported on 19 October that he had tried to commit
26 suicide twice, once with a sheet and once with a piece of cord. He has
also apparently etched the first letters of the words ‘Inocente’ (Innocent)
and ‘Libertad’ (Freedom) into his skin with a nail. *As of 30 June 2006
Mayo was still free but facing a return to prison at the end of November.
Honorary Member: Catalán PEN
Released/into exile
Miguel SIGLER AMAYA (also AMALLA): librarian (General Pedro
Betancourt Library) Sentence 26 months Prison Agüica, Matanzas.
Date of Birth 20 September 1961 Charge Law 88. *Sigler Amaya was
apparently released in August 2005 after serving his sentence. He was
then allowed to leave the country and has taken up residence in the
United States.
EL SALVADOR
Attacked
*Rosa Elvia Campos (f): newspaper journalist, was reportedly assaulted
with a blunt instrument by a supporter of the Revolutionary Democratic
Front (FDR) in the town of Mejicanos on 9 March 2006. At the time,
Campos was attempting to interview the FDR town mayor, Carlos
Menéndez. He apparently refused to answer her questions, at which point
she was surrounded by FDR supporters, one of whom struck her with the
blunt instrument.
MEXICO
Disappeared/presumed killed
Alfredo JIMÉNEZ MOTA: crime reporter for the Hermosillo daily El
Imparcial in the north-western state of Sonora, has not been seen since 2
April 2005. That evening he was due to meet a contact whom he had
earlier described to a colleague as “very nervous”. Jiménez (26) had
recently published articles in El Imparcial regarding local drug traffickers.
The police are working on the premise that his disappearance is
linked with his work as an investigative journalist. The Subprocuraduria
de Investigación Especializada en Delincuencia Organizada
(Subprocurator’s Office Investigation Unit Specialising in Organised
Crime) opened an investigation into the disappearance on 25 April 2005.
However, Jiménez Mota was still reported missing as of 31 December
2005 and the results, if any, from the investigation have yet to be made
public. *In April 2006 it was reported that the two lines of investigation
followed by the Organized Crime Special Investigation Unit (SIEDO)
involve the reporting Jiménez Mota was doing on the families running
the drug trade in Sonora, and possible unlawful activities of government
officials. He is now presumed to have been killed.
Sentenced
*Isabel ARVIDE (f): journalist and author, was sentenced to one year’s
imprisonment and ordered to pay damages equivalent to US$19,000 on
28 February 2006 for “criminal defamation”. The judge in charge of the
case immediately suspended the prison sentence and ordered that the
damages be paid out of the bail that Arvide paid when initially arrested.
She had originally been charged on 19 August 2002. On 2 June 2002, the
journalist had published an article on her own website
(isabelarvide.com), and in the newspaper Milenio, accusing newspaper
director, Osvaldo Rodríguez Borunda, of involvement in drug trafficking
and money laundering. As part of her sentence Arvide has to report once
a month for a year to state security officials.
Facing charges
Lydia CACHO RIBEIRO (f): author, journalist and social activist
Details of arrest: detained on 16 December 2005 by Puebla state judicial
officers in Cancún, Quintana Roo. The officers apparently arrested
her in her office, bundled her into a vehicle and drove her to Puebla, a
journey of approximately twenty hours. Cacho (42) has questioned the
legality of officials from Puebla making an arrest in Quintana Roo before
steps had been taken to ensure that she was aware of the charges brought
against her. She also reported that she was not allowed to contact her
lawyer or take with her the medicines she needs to control her bronchitis.
Charges: Criminal charges of “defamation” and “calumny” were
brought against Cacho in October 2005 by textile businessman José
Camel Nacif Borge who is cited in her book Los Demonios del Edén: el
poder detrás de la pornografía (The Demons of Eden: the power behind
pornography) as having connections with Jean Succar Kuri, currently
detained in the United States and accused of heading up a child pornography
and prostitution network. The legal action against Cacho was taken
in the state of Puebla. Notice of the charges and a demand for her to
appear in court were apparently sent to the author but she claims that no
such letter arrived at any of her registered addresses. Judge Rosa Celia
Pérez González of Puebla’s Fifth Penal Court (Juzgado Quinto en lo
Penal de Puebla) released Cacho from San Miguel State Prison the
following day on bail of 106,000 pesos (US$9,900). On 23 December,
Judge Pérez ordered that Cacho be detained awaiting trial. However, the
journalist will remain free since she lodged an appeal against the decision
and had posted bail. She faces between six months and four years in
prison if convicted. *In February 2006, Cacho reported that the
“calumny” charge had been dropped on the grounds that it referred to the
very same text in the book as that which concerns the “defamation”
charge. On 14 February 2006, two investigative `journalists revealed the
contents of a tape recording of an apparent telephone conversation
between José Camel Nacif Borge, the governor of Puebla, Mario Marín,
and the governor of Chiapas, Pablo Salazar Mendiguchía, in which the
businessman thanks the governors for their role in having Lydia Cacho
arrested. Nacif is also apparently heard voicing the desire that Cacho
might be sexually abused whilst in detention. Background: Cacho has
stated that she believes Camel Nacif has brought the charges at the
bidding of Succar Kari in order to discredit her book and strengthen the
latter’s defence case in the US. Threats: Over the few months since the
publication of the book, Cacho has received the protection of bodyguards
provided by the General Procurator’s Office on account of the repeated
death threats she has reportedly received. Professional details: Aside
from being an author and novelist, Lydia Cacho runs a centre for women
who have been the victims of violence; she writes a political column for
the newspaper La Voz del Caribe; she contributes to the Mexico Citybased
magazines Día Siete and Tentaciones; she is the editorial director
of the magazine Esta boca es mía (This mouth is mine); and she presents
a television programme of the same name. She is also a specialist on
issues of violence and gender for the United Nations Development Fund
for Women (UNIFEM) and has co-founded a network of journalists in
Mexico, Central America and the Caribbean.
Facing charges
*Angel Mario KSHERATTO: journalist with the daily Cuarto Poder,
was reportedly arrested in the state of Chiapas on 4 February 2006 in
connection with a libel charge. The judge in charge of the case set an
unconscionably high bail of 201,000 pesos (c. US$18,400) – which was 27
way beyond the journalist’s capacity to pay. On appeal, this was reduced
to 126,000 pesos (c. US$11,500), though this too was more than
Ksheratto could raise. It was the third time that Ksheratto has been
arrested as a result of the same case. He spent brief periods in detention
in January 2003 and October 2005, on the latter occasion he was arrested
despite the fact that no arrest warrant had been issued. He faces a
maximum five-year prison sentence if convicted. The case goes back to
August 2002 when Ksheratto published a report in which he claimed that
Chiapas School Department Chief, María del Pilar López Hernández,
had used public funds to buy a house. It is assumed that Ksheratto has
since been able to raise sufficient funds to secure his release.
Enríque ZAMORA CRUZ: director of the magazine El Orbe, was
reportedly arrested by agents from the attorney general’s office in
Tapachula, Chiapas, on 27 October 2005 and charged with the “defamation”
of Chiapas state governor Pablo Salazar Mendiguchia. After being
held incommunicado Zamora was released at dawn the next day. The
charge stems a series of El Orbe articles regarding the government’s
management of the damage caused by hurricane Stan. The pieces also
alleged that public funds had been embezzled by state government officials,
and called for an investigation to be carried out into mayor Ángel
Barrios Zea. *No further information as of 30 June 2006.
Facing possible charges
*Sergio SARMIENTO: journalist for the newspaper Reforma, is facing a
charge of “defamation”, filed in October 2003 by ex-consul Humberto
Hernández Haddad. Although the Federal District Attorney General’s
Central Prosecutor of Investigations for Civil Servants (Fiscalía Central
de Investigación para Servidores Públicos de la Procuraduría General
del Distrito Federal) twice decided not to proceed with the case against
Sarmiento, Judge Jacinto Figueroa Salmorán, of Mexico City’s Eleventh
District Criminal Appeals Court, decided in May 2006 to grant
Hernández Haddad an appeal against these resolutions. Hernández
Haddad’s complaint was filed nearly a year after Sarmiento had reported,
in his Reforma column of November 2005, that Hernández Haddad had
been removed from his position as general consul in 1995 for “repeated
disrespect of authority”.
Threatened
*Rafael RIVERA MILLÁN: reporter for the Mexico City daily newspaper
El Universal, has reportedly been harassed because of his coverage
of a local labour dispute. On 20 April 2006 Millán’s camera was confiscated
by activists belonging to the miner’s union that has been involved
in a dispute with state authorities, who also threatened to set fire to his
home and office.
*Arturo SOLÍS: director general of the website En Línea Directa (enlineadirecta.
info), was reportedly threatened by telephone on 21 March
2006 by the chief press officer of the General Procurator’s Office in the
state of Tamaulipas, Raúl Ramírez. The threat arose from a column that
Solis had published on the website on 16 March calling for the replacement
of the procurator Mercedes del Carmen Guillén. The official apparently
told Solis to stop writing articles about the procurator or he would
“face the consequences”.
Attacked
*Manuel ACUÑA LÓPEZ: reporter for the local daily newspaper Por
Esto in Mérida, was attacked on 21 June 2006 when a petrol bomb
exploded at his home, starting a fire that destroyed several walls and
doors. Acuña López’s wife and childen suffered severe shock and smoke
inhalation before the fire was put out by local residents. The journalist
has since publicly accused the state governor Patricio Patrón Laviada of
being implicated in the attack, having reportedly received several warnings
from him after articles written by Acuña López exposed alleged
corruption and nepotism within the governor’s administration.
*Staff at El Mañana: were put at risk during an assault on the newspaper’s
offices in the US/Mexico border town of Nuevo Laredo on 6
February 2006. According to reports, a number of unidentified individuals
stormed the newspaper’s newsroom, firing assault rifles and
throwing a grenade. One reporter, Jaime Orozco, was wounded and
hospitalised in a serious condition. The attack is believed to have been
carried out by those involved in drug trafficking, which is rife in the
town. Rival gangs began a turf war in 2004, the same year in which El
Mañana’s editor, Roberto Javier Mora García, was murdered. Since then,
the newspaper has toned down its coverage of drugs- related and organised
crime.
*Julio César ORTEGA QUIROZ: editor of the magazine La Neta Times,
was reportedly attacked on 14 January 2006 in Caborca (Northwest State
of Sonora) by police officers. Apparently, the journalist was beaten by
officers after they stopped his car late at night during a routine check,
allegedly because of his comments on Police Chief Jesus Alberto Padilla
Varela’s abuse of authority and the connection of some of the members of
the local police with drugs’ trafficking. The journalist was later taken to a
police station where the abuse and threats continued. Ortega Quiroz has
moved with his family in Hermosilla, Sonora, and filed a complaint
against the officers involved.
Case closed
Sergio WITZ LÓPEZ: university professor and poet, was found guilty
of “insulting national symbols” after his poem “Invitación (La Patria
Entre Mierda)” [“Invitation (The Country in Shit)”] was published in the
Campeche-based magazine Criterios in 2001. Among other verbal
pictures, the poet imagines himself using the Mexican flag as toilet paper.
Charged under Chapter 5 of Article 191 of the federal penal code. The
law, which dates from the 1930s and is viewed by some legal experts as
unconstitutional, allows for up to four years in prison for anyone found
guilty of “insulting national symbols”. The case, which was viewed as a
crucial test of freedom of expression in Mexico, rose through the
Mexican court system and, in 2004, reached the Supreme Court. Pre-trial
hearings took place in January 2005. On 5 October 2005, the Supreme
Court voted 3-2 against Witz, finding him guilty of “insulting national
symbols”. The case was duly passed to the Tribunal Colegiado del 27
Circuito court in Cancún for sentencing. The maximum penalty is four
years’ imprisonment but it is hoped that Witz will merely be fined since
he has no previous criminal record. *As of 30 June 2006, Witz had still
not received his sentence. It is possible that the case – which has been an
embarrassment to the Mexican government – may have been conveniently
shelved. Case closed.
NICARAGUA
Harassment
*Staff at La Prensa: newspaper, reportedly experienced harassment from
the supporters of Alvaro Chamorro Mora, mayor of the city of Granada,
in February 2006. The Inter American Press Association (IAPA) reported
that on 23 February 2006, approximately 250 of Mora’s supporters travelled
from Granada to Managua (some 45 kilometres away) and blocked
28 the entrance to La Prensa for an hour, during which they demanded a
meeting with the newspaper’s directors. They also called for the paper to
stop publishing news from its correspondent on alleged irregularities in
the Granada municipal government. Directors of La Prensa have reportedly
complained to the IAPA following the harassment of journalists
Arlen Cerda, based in Granada, and José Garth, in Siuna, over their articles
on the alleged corruption of officials from city government and the
courts, respectively. In calling on the Nicaraguan authorities to guarantee
press freedom, IAPA has cited other recent curtailments, such as the
murders of journalists Carlos Guadamuz and María José Bravo, correspondents
for La Prensa, in 2004.
PANAMA
Case closed
Pablo O’BRIEN CUADROS: journalist with the Peru-based newspaper
El Comercio, faced charges of “acting against the public faith and falsifying
information” after a 25 January 2005 decision to prosecute made
by the Thirteenth District Prosecutor’s Office in Panama City. The
charges stem from an article published in El Comercio in 2004 which
alleged that the (Colombian) Bavaria beer company had bribed an
advisor of Peruvian President Alejandro Toledo. *No further information
as of 30 June 2006. Case closed.
PARAGUAY
Attacked
*Juan Augusto ROA: correspondent for the daily newspaper ABC Color,
escaped unharmed after reportedly being shot at while driving his car
near Encarnación in Southern Paraguay on 27 February 2006. Roa
reported the incident to police at Yatytay and the two men who fired the
shots are now being sought. Although the motives for the attack have not
been confirmed, Roa had investigated and reported on many incidents of
drug trafficking and crimes involving stolen cars, as well as general
corruption in the region.
PERU
Brief detention
*Ricardo Ramos TREMOLADA: columnist on the newspaper Perú 21,
was arrested on 12 February 2006 at Jorge Chávez airport after arriving
in Lima from the US. The arrest and detention of Ramos from 12-13
February was the result of a court ruling ordering him to make a statement
in a libel lawsuit filed in November 2004 by the former Foreign
Secretary Diego García Sayán. The lawsuit resulted from an article
published in August 2004 which claimed that García Sayán had organised
the granting of amnesty to terrorists while he was in office. Ramos
has reportedly insisted that he never received any legal notice warning
him of the lawsuit; he was, however, declared a “criminal at large” and
arrested upon his return to Peru. After the annulment of his arrest warrant
on 13 February, Ramos was freed and his defense council will ask judge
Giuliana Brindani Farías to dismiss the accusation that has been levelled
at him.
Death threats
*Luis BAHAMONDE and Eliana VILLAVICENCIO (f): journalists
with Correo de Trujillo, reportedly received death threats via two anonymous
phone calls on 10 May 2006. The phone calls, the first of which
was made to Bahamonde’s mobile and the second of which was made to
the paper and answered by Villavicencio, referred to an investigation
pursued by Bahamonde involving three brothers, Luis, Wilfredo and
John Salazar Paredes, who were accused of drug trafficking and arrested
on 6 May. Police protection has been promised if the threats continue.
*Maria Maguiña CALDERÓN (f) and Luis Arias LAZARTE: editor
of the daily Expresión and head of the investigations unit respectively,
reportedly received telephone calls in which they were threatened with
assault and an attack on the paper’s premises on 1 March 2006. The
threats came in the wake of a report published in February about irregularities
in the collections for burial benefits and beneficial incentives for
union officials. The journalists claimed to have received similar threats
on 23 February, just after the piece was published.
*Elías NAVARRO PALOMINO: journalist and director of the magazine
Línea Roja, reported in June 2006 that he had been the subject of death
threats a week before his magazine had published revelations regarding
supposed malpractice carried out by Luis Cama Godoy, during his reign
as president of the Santa María Magdalena Savings and Credit
Cooperative. The anonymous calls – believed to have come from Cama
Godoy or his supporters – were received at Navarro’s home and his
mobile phone.
*Marco VILLANUEVA ESCOBAR: reporter for the newspaper Diario
de Chimbote, was allegedly threatened by a businessman implicated in a
drug trafficking case on 1 March 2006. After the discovery of 10 tons of
cocaine on a ship belonging to Jorge Castillo Segura’s fishing business,
reporters waited for the businessman to leave the offices of the Criminal
Investigation unit of the police. Castillo refused to make any statements
to the press but when he saw Villenueva he made a beheading gesture
with his hand, which was caught on film. Villenueva reportedly intends
to continue investigating cases of drug trafficking in Chimbote.
UNITED STATES OF AMERICA
Harassment
*Stephen MORRISSEY (aka Morrissey): singer/song-writer, was
reportedly taken in for questioning by the Federal Bureau of
Investigation (FBI) and the UK intelligence services in February 2006.
The questioning came after the singer, who is a UK national resident in
the US, had written a number of songs, including one, America is not the
World, that decried US foreign policy. Morrissey reported that the secret
services of both countries “were trying to determine if I was a threat to
the government, and similarly in England. But it didn’t take them very
long to realise that I’m not.”
VENEZUELA
Sentenced: suspended
*Henry CRESPO: reporter for the weekly Las Verdades de Miguel, was
given an 18-month suspended jail term by the Caracas Eighteenth
Tribunal on 3 May 2006. The lawsuit was brought in January 2005 by the
governor of the state of Guárico, Eduardo Manuitt, following two articles
written by Crespo in January alleging government corruption and human
rights violations in Guárico.
On trial
*Julio BALZA: columnist for the daily El Nuevo País, was due to begin
trial on 10 May 2006, facing accusations of defamation and slander by
the Infrastructure Minister Ramón Carrizales. Having made critical
remarks about the minister in his column “Arroz con Mango”, Balza is 29
now being accused of having damaged his reputation and infringing upon
his “right to live with honor”.
*Miguel SALAZAR: editor and columnist with Las Verdades de Miguel,
faces charges of criminal defamation brought by a local governor over a
column in which Salazar claimed the governor had hired gunmen to
murder him. It has been reported that the governor publicly denied all
involvement in any plot to murder Salazar at the journalist’s trial, which
began on 19 April and for which a verdict is due to be delivered soon.
Facing charges
*Jorge CHÁVEZ: journalist with Ultimas Noticias, was informed on 7
April 2006 that he was being charged with “defamation” and “slander”
by the former official of the Metropolitan Police Foundation Director’s
Office, Óscar Arapé. Chávez believed that the action was probably
related to an 8 January 2006 Ultimas Noticias report in which two people
accused Arapé and two of his guards of murdering a Metropolitan Police
official. Arapé’s denial of the accusations was also included in the report,
and he was given the right to reply in the 12 January edition of the newspaper.
Patricia POLEO (f): columnist and director of the Caracas-based daily
El Nuevo País, is facing charges including that of “illegally obtaining and
disclosing sealed case documents”. The charges stem from articles
written by Poleo in December 2004 and January 2005 in which she
revealed confidential information regarding the killing, in November
2004, of public prosecutor Danilo Anderson. On 28 January 2005,
Poleo’s home was raided by police who took photocopies of the documents
that were allegedly leaked to her by police officers. The journalist
has vowed never to reveal the sources for her articles which alleged that
Anderson was involved in an extortion operation that also included other
prosecutors. In November 2005, Poleo was named as a suspect in the 18
November 2004 car bomb murder of public prosecutor Danilo Anderson.
At the time of his death, Anderson had been investigating the 2002 failed
coup against President Hugo Chávez. An order for Poleo’s arrest was
issued in November and, in order to avoid detention, she went into
hiding. No evidence has been brought forward to substantiate the claims
made about Poleo’s involvement in the crime and it is believed that the
accusations are being used to silence the journalist who has been
extremely critical of Chávez’ administration. *Poleo eventually fled to
the United States, either in late 2005 or early 2006.
*Marianella SALAZAR (f): journalist and columnist for El Nacional,
faces charges of slander for having reportedly stated, when summoned
by the Prosecutor’s Office, that there should be an investigation into
Vice-President José Vicente Rangel for allegedly directing a campaign to
discredit her. The case stems from articles the journalist published in her
column on 11 and 18 June 2003 in which she stated that Rangel and the
governor of the state of Miranda were allegedly involved in administrative
irregularities during the purchase of radar equipment. The
Prosecutor’s Office subsequently charged Salazar with slander, claiming
that she caused public resources to be wasted in a useless investigation. It
was decided on 13 March 2006 that the case should go ahead. Salazar’s
defense attorney has argued that the case against Salazar contains many
irregularities and that the slander accusation has no legal basis.
Venezuelan legal code states that the penalty in slander cases can range
from six to thirty months.
Attacked/threatened
*Staff at La Región: daily newspaper, were attacked on 10 March 2006
when unidentified assailants threw three homemade explosives at their
offices, causing minor damage but injuring nobody. The attackers reportedly
left pamphlets threatening La Región’s editor Romel Flores and
several other journalists, saying that they should be tried and sentenced to
death. Armando De Fa, the paper’s news director, was reportedly unable
to link the attack to a specific article published by the paper, although he
said it could be related to reports of government corruption. As yet,
nobody has claimed responsibility for the attack.
Released
Ibéyise PACHECO (f): journalist with the newspaper El Nacional, was
sentenced to nine months’ imprisonment for “aggravated defamation” on
25 May 2004. The journalist remained at liberty until the sentence was
ratified by the Appeals Court. Eventually, she was subject to a form of
house arrest from which she was released on 21 March 2006, as ordered
by President Hugo Chávez himself on his weekly television programme
Alo, Presidente.
ASIA and Pacific
AFGHANISTAN
Investigation
*Sayed Ahmed QAANE: Poet. Reportedly arrested in January 2006 by
American soldiers in Kandahar city. The reason for his detention is not
known. WiPC seeking further details.
AUSTRALIA
Case closed
Michael HARVEY and Gerard McMANUS: Journalists with the
Herald Sun. Charged with contempt of court for refusing to reveal their
sources. Charged after the 23 August 2005 hearing at the Melbourne
County Court of the prosecution of Desmond Patrick Kelly for leaking
government information. In February 2004 Harvey and McManus
exposed government plans to reject a promised A$500 million boost to
war veterans’ pension benefits. Following the article’s publication, Kelly
was charged under the Commonwealth Crimes Act. Ordered to appear in
court in November 2005. Case closed for lack of further information.
BANGLADESH
Attacked
*Tuhin AZAM: Correspondent for the daily Prothom Alo. Went missing
from the Islamic University, Kushtia, western Bangladesh, on 19 March
2006. His disaapearance follows an attack on 17 March 2006 in which a
group of armed men broke into his dormitory during the night and beat
him with sticks. His whereabouts remain unclear.
*Mizanur Rahman BHIJA, Iqbal Sobhan CHOWDHURY and Saiful
Islam TALUKDER: News editor of the Dainik Kushtia, editor of the
30 Bangladesh Observer, and correspondent for the daily Amader Shomoy
respectively. Reportedly seriously injured in an attack by members of the
ruling Bangladesh Nationalist Party (BNP) on a journalist demonstration
on 29 May 2006. The journalists were protesting alleged harassment by
the BNP on journalists in the western city of Kushtia.
*Mahfuz MAMUN and Babul AHMED: Journalists for the daily Dainik
Mathabhanga. Reportedly attacked on 15 February 2006 when an
unidentified assailant threw an explosive devise at them as they were
riding together on a bicycle in the town of Chuadanga, Khulna province,
southwestern Bangladesh. They both required surgery to remove
shrapnel from their legs. The two men had written reports on drug trafficking
prior to the attack.
*Nur SIDDIQUE: Student and correspondent with the daily Prothom
Alo. His bedroom at the Jahangirnagar University near Dhaka was reportedly
torched on 1 March 2006 by unknown individuals. He was rescued
by neighbours. He believes the arson attack was related to his reporting
and specifically his critical articles about the leading Bangladesh
National Party (BNP) youth wing.
Free on bail pending trial
Salah Uddin Shoaib CHOUDHURY: Editor of the tabloid weekly
Blitz. Arrested on 29 November 2003 by security personnel at Zia
International Airport in Dhaka. He was reportedly on his way to Israel to
participate in a conference with the Hebrew Writers Association when he
was arrested. Choudhury is believed to have been going to address a
writers’ symposium in Tel Aviv entitled Bridges Through Culture, and
was scheduled to speak about the role of the media in establishing peace.
Choudhury is known for his attempts to improve relations between
Muslim countries and Israel, and has written articles against anti-Israeli
attitudes in Muslim countries and about the rise of al-Qaeda in
Bangladesh which had reportedly sparked debate in the Bangladeshi
press and government prior to his arrest. Choudhury was accused of
spying for Israel, and was repeatedly denied a bail hearing. He was
released on bail on 2 May 2005 following appeals by PEN USA. His trial
started on 5 April 2006. Choudhury continues as editor of Blitz and
remains under pressure from the government and extremist groups for his
critical writings. Honorary member of: USA PEN.
CAMBODIA
Investigation
HANG Sakhorn: Editor of the newspaper Ponleu Samaki. Reportedly
arrested on 2 December 2005 and charged with criminal libel over an
article published in September 2005 that accused the state prosecutor of
accepting bribes in connection with a land dispute case. The state prosecutor
denies the accusation and filed charges against the newspaper.
WiPC seeking an update.
*HEM Choun: Reporter with the occasional Khmer-language newspaper
Samrek Yutethor. Reportedly arrested on 7 June 2006 by military police
while reporting on the eviction of squatters by security forces at Sombok
Chab, near Phnom Penh. Thought to be accused of incitement. WiPC
seeking an update.
Threatened
*YOU Saravuth: Editor-in-chief of the bi-weekly Sralanh Khmer (Love
Khmer). It was reported on 30 June 2006 that You has received several
telephone death threats from a nephew of Prime Minister Hun Sen, who
is also taking legal action against his newspaper. He is reportedly being
harassed in connection with an article alleging that Hun Sen’s nephew is
involved in a land-grabbing case in northeast Mondolkiri province. You
has gone into hiding.
CHINA
Killing
*WU Xianghu: Deputy editor of the newspaper Taizhou Wanbao. Died on
2 February 2006 at the age of 41 after sustaining serious injuries in
October 2005 when traffic police in the eastern coastal city of Taizhou,
Zhejiang province, attacked him for a report accusing them of corruption.
He had been hospitalised since the attack.
Main cases
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 trumpedup,
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. Honorary
member of: PEN Canada.
*GUO Qizhen
Profession: Cyber-dissident. Date of arrest: 12 May 2006 Details of
arrest: Guo Qizhen was arrested at his home on 12 May 2006 and
charged with ‘inciting subversion of state power’ on 8 June 2006. His
arrest appears to be linked to his participation in a rotating hunger strike
which has been held by pro-democracy activists since 4 February 2006 to
protest against human rights violations in China. The charges are
believed to be based on his anti-government articles published on overseas
websites. Place of detention: Cangzhou detention centre No.2 in
Hebei Province, central China. Treatment in prison: Guo is currently
held incommunicado, and without access to his family. Health
concerns: There are reports that he has a broken leg and is in a fragile
psychological state. The detention centre where he is held is said to lack
the medical facilities required to give him adequate treatment.
HADA
D.O.B: 1955 Profession: Owner of the Mongolian Academic bookstore
and founder and editor-in-chief of The Voice of Southern Mongolia Date
of Arrest: 10 December 1995 Details of Arrest: Arrested because he
was a founder and chair of the southern Mongolian Democracy Alliance
and founder and publisher of the underground journal, The Voice of
Southern Mongolia. He was charged with inciting separatism and espionage.
Sentence: 15 years in prison and four years deprivation of political
rights. Expires: 9 December 2010 Place of Detention: No.4 Prison
of Inner Mongolia in Chi Feng City. Health Concerns: stomach ulcer
and coronary heart disease Honorary member: PEN Canada
HE Depu
D.o.b: 28 October 1956 Profession: Dissident activist/writer. Date of
arrest: 4 November 2002 Sentence: Eight years in prison. Expires: 3
November 2010 Details of arrest: Arrested from his home and has since 31
been held incommunicado. He was a signatory of the open letter of 20
November 2002 calling for political reform (see JIANG Lijun, and
ZHAO Changqing below). Details of trial: Tried on 14 October 2003
in a two-hour trial on charges of “inciting subversion” for collaborating
with the banned Chinese Democratic Party (CDP) and publishing essays
on the Internet. Sentenced on 6 November 2003 to eight years in prison.
On 20 December 2003 Beijing’s Court No.1 dismissed He Depu’s application
for an appeal. Health concerns: Said to be in very poor health, to
have lost a great deal of weight and to be suffering from a liver
complaint. Treatment in prison: Ill-treated in prison and denied access
to family visits. Professional details: Took part in the Democracy Wall
Movement in 1979 and founded the magazine Beijing Youth which was
subsequently banned. Helped launch the now-banned China Democracy
Party (CDP). Previous political imprisonment/problems: Lost his job
with the Social Sciences Academy after standing as a candidate in the
local election in 1990. Briefly detained several times for his political
activities. Honorary member of: Suisse Romande.
HUANG Jinqiu (aka Qing Shuiju)
D.o.b.: 03/09/74 Profession: Internet essayist, writer and journalist.
Date of arrest: 13 September 2003 Sentence: 12 years in prison.
Expires: 12 September 2015 Details of arrest: Arrested on 13
September 2003 after returning to China in August 2003 following three
years overseas on a scholarship studying journalism at the Central
Academy of Art in Malaysia, where he became well known in the overseas
Chinese internet community for his essays published on the
Chinese-language news website ‘Boxun.com’ under the pen-name Qing
Shuijun (Mr Clear Water). According to his articles, which he continued
to post on Boxun.com throughout his journey across China, he began to
be followed by the secret police on 15 August 2003, first in Yunan
Province, then in Sichuan and through to Shanghai. In early September
2003, Huang Jinqiu visited his parents in Shandong Province; his last
article was published on 10 September 2003, entitled ‘Me and My Public
Security Friends’. It was not until January 2004 that his family was officially
notified by the authorities of his arrest on 13 September 2003 in
Lianyungang, Jiangsu Province. Details of trial: Huang’s trial began on
22 June 2004 at the Changzhou Intermediate People’s Court on subversion
charges. It is reported that the court was unable to reach a verdict
initially because of lack of evidence, but after the case was referred back
to the prosecution further evidence was submitted and he was convicted
on 27 September 2004 of ‘organising, planning and performing subversion
of state power by publishing a large number of reactionary articles
on the Internet in his capacity as member of the preparatory committee of
the China Patriotic Democratic Party’. He was handed down a twelveyear
prison sentence and is detained at Changzhou Detention Centre,
Jiangsu Province. His is appealing the sentence. Professional details:
Huang Jinqiu trained at the Lu Xun Literature Institute, a leading writing
school. His writings have been well-recognised from an early age, and at
the age of twenty he published his first book. He has worked as a journalist
and editor of several newspapers and magazines since the age of
eighteen, including the Guanzhou daily Yangcheng Wanbao. His essays
have been collected into two publications, one that is non-political and
published under his real name, and one collection of political commentaries
published for security reasons under his pen-name Qing Shuijun.
Place of detention: Changzhou Detention Centre, Jiangsu Province.
Previous political imprisonment/problems: In early 2001, whilst he
was overseas, his articles began to attract the attention of the Chinese
authorities, who reportedly visited his parents and warned them of their
concerns about him. He attracted further attention in January 2003 by
announcing on Boxun.com his intention to found a political party, the
China Patriot Democracy Party (CPDP). Although his announcement is
said to have attracted a lot of interest, it is not thought that the CPDP was
ever organised in practice. Honorary member of: German PEN.
JIANG Lijun
Profession: Internet writer. Date of arrest: 6 November 2002 Sentence:
4 years in prison. Expires: 5 November 2006 Details of arrest: Arrested
for his participation in an open letter to China’s 16th Party Congress
calling for political reform (see He Depu above and Zhao Changqing
below). For the first four months of his detention his wife was reportedly
unable to obtain any documentation regarding his arrest or his whereabouts.
However, on 25 March 2003 she was told by the Beijing Public
Security Bureau that her husband had been charged on 14 December
2002 with ‘incitement to subvert state power’. Details of trial:
Reportedly sentenced on 28 November 2003 to four years imprisonment
on subversion charges. Information provided by the internet server
Yahoo! Holdings (Hong Kong) is said to have helped identify him. Place
of detention: Quincheng Prison, Beijing.
KONG Youping and Ning Xianhua
Profession: Internet writers and factory workers. Date of arrest:
November 2003 Sentence: 15 and 12 years in prison respectively.
Expires: November 2018 and November 2015 respectively. Details of
arrest: Kong Youping was reportedly arrested after posting five articles
and seven poems on an overseas website challenging the official version
of the “Beijing Spring” and alleging official corruption. The pair were
also accused of posting online essays supporting the establishment of
trade unions and the China Democratic Party (CDP). It is thought that the
heavy sentences against the pair are related to growing workers’ unrest in
Northeast China where many factory workers for failing state enterprises
are being laid off and an organised labour movement is struggling to
emerge. Details of trial: Both were sentenced on 16 September 2004 by
the Shenyang Intermediate People’s Court, Liaoning province, northeastern
China on charges of ‘subverting state power’.
LI Changqing
Profession: Deputy news director of the Fuzhou Daily. Date of arrest: 3
February 2005 Sentence: Three years in prison. Expires: 2 February
2008 Details of arrest: First arrested in connection with the investigation
of Huang Jingao, a Communist Party official in Fujian province who
wrote an open letter to the People’s Daily newspaper in December 2004
alleging corruption among local officials. Li was initially charged with
inciting subversion for helping Huang write the letter and supporting him
in articles published in his newspaper and on-line, but this charge was
later dropped for lack of evidence. The authorities then filed a new
charged for an article Li published on 13 October 2004 on the banned
Chinese-language Web site Boxun News exposing an outbreak of dengue
fever in Fujian province before the authorities officially announced it.
Details of trial: Sentenced to three years in prison on 24 January 2006
by the Gulou district court in southern China’s Fuzhou city for
“spreading false and alarmist information”.
*LI Jianping
D.o.b.: 1966. Profession: Internet dissident and head of a medical
supplies business. Date of arrest: 27 May 2006 Details of arrest:
32 Reportedly arrested on 27 May 2005 in Zibo, Shandong Province, northeastern
China, and charged on 30 June 2005 with defamation and inciting
subversion of state power for his critical writings. Li wrote for overseas
news websites banned in China such as Boxun news, Epoch Times,
China Democracy and ChinaEWeekly. It is not known which of his articles
led to his detention, although on 17 May 2005 he posted a critical
analysis of Hu Jintao’s policy towards Taiwan. The case has been repeatedly
returned to the prosecution for lack of evidence, most recently on 26
December 2005, but on 9 March 2006 he was formally indicted on
charges of “incitement to subvert state power”. Details of trial: Tried on
12 April 2006 by Zibo City Intermediate Court in Shandong Province,
northeastern China, on charges of inciting subversion for his on-line articles.
A verdict had not been given at the time of publication. Place of
detention: Held at the Zibo City Detention Center, Shandong Province.
LI Yuanlong
Profession: Reporter for the daily Bijie Ribao. Date of arrest: 9
September 2005 Details of arrest: Arrested by members of the security
bureau in Guizhou province in south-west China, after posting articles
online critical of local living standards and calling for democracy. The
prosecution cited recent articles he had written under the pen-name Ye
Lang (Night Wolf) for U.S.-based Chinese language Web sites banned in
China, including Boxun News, Epoch Times, ChinaEWeekly and New
Century Net. Two articles entitled “In my mind, I am an American” and
“Common birth, tragic death” were said to be viewed by the Chinese
authorities as particularly “serious”. Li was formally charged with
‘incitement to subversion’ on 9 February 2006. His trial was expected to
be held in March, but has been postponed for reasons unknown to PEN.
Li Yuanlong is known for his reporting on rural poverty in his native
Guizhou Province. [Sentenced on 13 July 2006 to two years in prison.]
Place of detention: Bijie Detention Centre Treatment in prison: Held
without access to family visits. Health concerns: Said to be in very poor
health.
LI Zhi
D.o.b.: 1971. Profession: Internet writer and financial official in the
Dazhou municipal government, Sichuan Province. Date of arrest: 8
August 2003 Sentence: 8 years in prison Expires: 7 August 2011
Details of arrest: Reportedly arrested on 8 August 2003 by Sichuan
Province State Security Police after posting an essay on an overseas
website accusing Sichuan officials of corruption. Officially charged on 3
September 2003 with ‘conspiracy to subvert state power’. Details of
trial: Sentenced to eight years in prison on 11 December 2003 by the
Dazhou Intermediate People’s Court. The court verdict confirms that
both Yahoo! Hong Kong Ltd And Sina Beijing supplied evidence to the
prosecution. Honorary Member: Canadian PEN.
LU Zengqi and YAN Qiuyan
Profession: Falun Gong members and internet writers/publishers. Date
of arrest: Not known. Sentence: 10 years in prison respectively.
Expires: 2014 Details of trial: Sentenced by Court No.1 in Chongqing,
western China, on 19 February 2004 to ten years in prison each for
writing and publishing respectively an online publication which
according to the court verdict “tarnished the image of the government by
broadcasting fabricated stories of persecution suffered by cult members”.
The newsletter alleged the ill-treatment in prison of a fellow Falun Gong
member.
MAO Qingxiang and WU Yilong
Profession: Internet writers and China Democratic Party (CDP)
activists. Date of arrest: June 1999 Sentence: 8 and 11 years’ imprisonment
respectively. Expires: June 2007 and June 2010 respectively.
Details of arrest: Arrested with fellow activist Xu Guang (released on
14 September 2004 on expiry of sentence) for circulating pro-democracy
articles on the Internet and for their work with the magazine Zai Yedang
(Opposition Party). The CDP, founded in 1998, is an underground opposition
party. PEN learned of this case in September 2004. Details of
trial: Sentenced by the Hangzhou Intermediate Court in Zhejiang
Province, eastern China, on charges of subversion.
Abdulghani MEMETEMIN
D.o.b.: 1964 Profession: Writer, teacher and translator from the
Xinjiang Uighur Autonomous Region (XUAR). Date of arrest: 26 July
2002 Sentence: 9 years’ imprisonment. Expires: 25 July 2011 Details of
arrest: Reported in August 2004 to have been detained since July 2002
on charges of “sending secret state information out of the country”.
Reportedly arrested in Kashgar on 26 July 2002. Since 1999 Memetemin
had provided information on a voluntary basis to the East Turkistan
Information Centre (ETIC), a Uighur rights and pro-independence group
run by exiled Uighurs in Germany and described by China as a terrorist
group although the group is not known to have advocated violence.
Details of trial: Convicted in June 2003 by the Kashgar Intermediate
People’s Court of “violating state secrets and sending them outside the
country”. Sentenced to nine years in prison. Charges against him are
believed to have included translating state news articles into Chinese
from Uighur, forwarding official speeches to the ETIC, which is banned
in China, and conducting reporting for the ETIC. Also accused of
recruiting other reporters for the ETIC. Said to have been denied legal
representation at his trial and to have been denied access to his wife and
children since his arrest. Reportedly tortured in detention. Honorary
member of: German PEN.
SHI Tao
Dob: 25 July 1968 Profession: Journalist and poet. Member of
Independent Chinese PEN. Date of Arrest: 24 November 2004.
Sentence: 10 years’ imprisonment. Expires: 25 November 2014 Details
of Arrest: He was arrested without a warrant at his home in Taiyuan,
Shanxi Province, northwest China, by police from Changsha National
Security Bureau, southern China. They also confiscated his writings,
computer and other personal belongings. He is believed to have been
transferred to Changsha, Hunan Province, southern China, on suspicion
of ‘leaking state secrets overseas’. According to Xinhua, the government
run news agency, he had been found guilty of posting online his notes
based on a government document that was read out at an editorial
meeting of Dangdai Shang Bao (Contemporary Trade News) in April
2004. Details of Trial: Shi Tao was sentenced on 30 April 2005 to ten
years’ imprisonment for “revealing state secrets”. The sentence was
upheld on appeal on 2 June 2005. He was not allowed to attend the
appeal hearing, and his mother has applied for a review of the appeal on
procedural grounds. Professional Details: Shi Tao has worked as a freelance
journalist for several newspapers including the Changsha-based
daily Dangdai Shang Bao (Contemporary Trade News), which he left in
May 2004 in order to return to his home city of Taiyuan. He has also
written a number of articles, including political commentaries, for online
forums, in particular the overseas Chinese web-site Min Zhu Lun Tan
(Democracy Forum). He has published several books of poetry. Recipient 33
of the Committee to Protect Journalists (CPJ) International Press
Freedom Award 2005. Place of Detention: Chishan Prison, Postbox:
101, 413104 Yuanjiang City, Hunan Province. Health concerns: Said to
be suffering from respiratory problems as a result of forced labour. His
health was reported in April 2006 to have deteriorated and he is said to
suffer from a heart condition, an ulcer and skin problems. Honorary
member of: Sidney, German, ICPC, Canada, New Zealand and USA
PEN.
TAO Haidong
Profession: Internet writer and editor. Date of arrest: 9 July 2002.
Sentence: Seven years’ imprisonment. Expires: 8 July 2009. Details of
arrest: Arrested from his home in Urumqi, Xinjiang while in the process
of posting articles on the internet. Details of trial: His trial began on 8
January 2003, and was conducted in secret at the Urumqi People’s Court.
He was found guilty of having posted material on the internet that
allegedly incited people to subvert the government, and was sentenced to
seven years’ imprisonment. His sentencing was disclosed by the Official
People’s Court Daily on 16 February 2003, but the date of the court’s
decision is unknown. According to articles in the Urumqi local press Tao
Haidong was arrested on suspicion of espionage after having posted articles
on both Chinese and overseas websites predicting the collapse of
China’s economy and criticising China’s leaders. Place of detention:
Urumqi Dadaowan Detention Centre. Previous political imprisonment/
problems: Tao Haidong previously completed three years of
‘Reform through Labour’ for editing a book entitled ‘Imaginings of a
New Human Race.’ He was released in January 2001 and subsequently
became active on the internet, often without using a pseudonym.
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
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, Liechtenstein and
Canadian PEN.
*WANG Xiaoning
D.o.b.: 1951 Profession: Internet writer and dissident. Date of arrest: 1
September 2002 Sentence: 10 years in prison. Expires: 31 August 2012
Details of arrest: Arrested on 1 September 2002 and charged on 30
September 2002 with subversion for articles published on-line between
2000 and 2002. Wang’s case has only recently come to light. Details of
trial: Sentenced to ten years in prison on 25 July 2003 by the Beijing
Municipal First Intermediary People’s Court. Thought to be specifically
charged for articles published in the on-line journals ‘Democratic
Reform Free Forum’ and ‘Current Political Commentary’ between 2000
and 2002. The journals reportedly included articles written by Wang
under his real name and pen-name advocating democratic reform and
criticising the authorities. The journals were said to be distributed by
email through Yahoo! groups that Wang established anonymously in
mainland China and Hong Kong. It is not known whether Yahoo!
Holdings (Hong Kong) Ltd supplied evidence to the prosecution. Wang
published his articles on a number of web-sites in China and overseas.
Wang was also accused of advocating the establishment of the ‘China
Third Road Party’ and communicating by email with the leader of the
China Social Democratic Party which is banned in China. Place of
detention: Beijing Municipal No.2 prison. Treatment in prison:
Reportedly suffered repeated physical abuse in detention between
September 2002 and February 2004. In May 2004 he was transferred to
Beijing Municipal No.2 Prison where he has since been held in solitary
confinement.
XU Wei, JIN Haike, Yang Zili, and ZHANG Honghai
Profession: Reporter for Xiaofei Ribao (Consumer Daily), geologist and
writer, writer and computer engineer, and freelance writer respectively.
Date of arrest: 13 March 2001 Sentence: Xu Wei and Jin Haike were
sentenced to ten years in prison, and Yang Zili and Zhang Honghai to
eight years. Expires: 12 March 2011 (Xu Wei and Jin Haike) and 12
March 2009 (Yang Zili and Zhang Honghai) respectively. Details of
arrest: Arrested on 13 March 2001 and charged with ‘subversion’ as a
result of their participation in the ‘Xin Qingnian Xuehui’ (New Youth
Study Group), an informal gathering of individuals concerned with political
and economic inequalities who used the internet to circulate relevant
articles. Details of trial: On 28 September 2001, the Beijing
Intermediate Court initiated legal proceedings against the four focusing
on two essays circulated on the internet entitled ‘Be a new citizen, reform
China’ and ‘What’s to be done’, which allegedly demonstrated the
groups’ intention to “overthrow the Chinese Communist Party’s leadership
and the socialist system and subvert the regime of the people’s
democratic dictatorship”. No verdict was announced at the time, and
proceedings against the four writers re-commenced on 21 April 2003.
Lawyers for the four men argue that the failure to issue a verdict in the
34 case violates China’s Criminal Procedure Law, which stipulates that a
court must pronounce judgement within six weeks of accepting a case.
On 28 May 2003 Xu Wei and Jin Haike were sentenced to ten years in
prison, and Yang Zili and Zhang Honghai to eight years. Their appeal
was reportedly heard on 3 November 2003, but no verdict has been
announced. Other information: Xu Wei has been awarded one of the
2003 Canadian Journalists for Free Expression (CJFE) International
Press Freedom Awards. Honorary member of: Ghanaian 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 on 20 December 2001 by Shenzhen
Intermediate Court to ten years’ imprisonment for leaking state secrets
and five years’ imprisonment for illegal business activities, combined as
13 years in prison. It appears that the first set of charges relate to his use
of documents concerning Chinese military operations in the Korean War
(1950-53), gathered in the course of his research; the second set of
charges are thought to relate to the allegedly illegal publication of books
and periodicals and the sale of book authorisation numbers since 1993.
Xu’s conviction was upheld on appeal in late December 2002 by the
Guangdong Province Higher People’s Court. Place of detention: Moved
to Xichun Prison, Guangzhou City,
Guangdong Province. Said to be held in the section of the prison reserved
for elderly and sick prisoners. Treatment in prison: International attention
is said to have resulted in better treatment by prison authorities,
including the transfer to a prison with more modern facilities. Health
concerns: Believed to suffer from high blood pressure and other serious
health conditions although no further details have been disclosed.
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. Honorary
member of: Ghanaian PEN.
*YANG Xiaoqing
D.o.b.: 04/09/1969 Profession: Reporter with the Zhongguo Chanjing
Xinwenbao (China Industrial Economy News). Date of arrest: 22
January 2006 Sentence: 1 year in prison. Expires: 21 January 2007
Details of arrest: Reportedly arrested at a friend’s house by the Public
Security Bureau of Longhui County, Hunan Province, after investigating
and reporting the alleged corruption of Longhui County officials. He is
accused of posting ‘defamatory’ articles on an “illegal Web site” after
allegedly failing to extort up to 800,000 Yuan (US$100,000) from
Longhui county officials. His wife believes his arrest is connected to two
articles he wrote in May 2005 alleging corruption in the sale of a stateowned
company by local Longhui county officials to private individuals.
Said to have been under threat for months before his arrest in January,
and had gone into hiding in September 2005 after his reporting angered a
local Communist Party secretary. In late December 2005 police reportedly
issued a notice offering a reward for information on Yang’s whereabouts.
Details of trial: The People’s Procuratorate of Longhui County
turned the case back to the police for further investigation in March 2006
due to lack of evidence. Sentenced to one year in prison on 15 June 2006
on extortion charges for his reporting on official corruption. Place of
detention: Held at the Longhui County Detention Centre, Hunan
Province. Health concerns: His health is said to have deteriorated significantly
since his detention. He is said to have been diagnosed with
Hepatitis B, and there are also reports that he is denied treatment for an
undiagnosed growth.
*YANG Tongyan (aka Yang Tianshui)
D.o.b.: 1961 Profession: Dissident writer and member of Independent
Chinese PEN Centre. Date of arrest: 23 December 2005 Sentence: 12
years in prison Expires: 22 December 2017 Details of arrest: Yang
Tongyan (pen-name Yang Tongshui) was detained without a warrant on
23 December 2005 in Nanjing. His family were not formally notified of
his arrest or whereabouts until 27 January 2006, when they received
formal notification of his arrest dated 20 January from the Public
Security Bureau of Zhenjiang City, east of Nanjing. Yang was held
incommunicado at Dantu Detention Centre in Zhenjiang, Jiangsu
Province, without access to his family. Details of trial: He was convicted
of subversion for posting anti-government articles on the Internet, organizing
branches of the (outlawed) China Democracy Party and accepting
illegal funds from overseas. He was sentenced by the Zhenjiang intermediate
court in eastern China’s Jiangsu province at a three-hour trial on 16
May 2006. Yang Tongyan is known for his critical writings published on
dissident news websites such as Boxun.com and Epoch Times. Previous
political imprisonment/problems: He spent a decade in prison from
1990 to 2000 on “counter-revolution” charges for his involvement in the
1989 pro-democracy protests. He was also previously held incommunicado
from 24 December 2004 - 25 January 2005.
Nurehamet YASIN and Korash HUSEYIN
D.o.b.: 6 March 1974 and 1970 respectively. Profession: Freelance
Uighur writer and editor of the Uighur-language Kashgar Literary
Journal respectively. Date of arrest: Yasin - 29 November 2004,
Huseyin – not known. Sentence: 10 years and 3 years in prison respectively.
Expires: 30 November 2014 and 2008 respectively. Details of
arrest: Nurmehamet Yasin was arrested in Kashgar on 29 November
2004 for the publication of his short story Wild Pigeon (Yawa Kepter),
which was first published in the bi-monthly Uighur-language Kashgar
Literature Journal, issue No. 5, November 2004. Authorities also confiscated
Yasin’s personal computer containing an estimated 1,600 poems,
commentaries, stories, and one unfinished novel. PEN first learned of this
case in September 2005. Yasin’s story was widely circulated and recommended
for one of the biggest Uighur literary websites in the Uighur
Autonomous Region for outstanding literary award. It also attracted the
attention of the Chinese authorities, who apparently consider the fable to
be a tacit criticism of their government in the Xinjiang Uighur
Autonomous Region. There are no details about Huseyin’s arrest. Details
of trial: After a closed trial in February 2005 at which he was not
permitted a lawyer, Yasin was sentenced by the Maralbesh Country court
to 10 years in prison for “inciting Uighur separatism” in his book Wild
Pigeon (Yawa Kepter). His sentence was upheld on appeal by the 35
Kashgar Intermediate Court, and Yasin was transferred on 19 May 2005
to Urumchi No. 1 Jail, where he remains detained. PEN learned in
November 2005 that Huseyin had been sentenced by a Kashgar court to
three years for publishing the story, WiPC seeking further details of his
trial and charges. Place of detention: Yasin - Urumchi No.1 Jail. It is not
known where Huseyin is held. Treatment in prison: Yasin has been
permitted no visitors since his arrest. Professional details:
Nurmuhemmet Yasin is an award-winning and prolific freelance Uighur
writer. He has published many highly acclaimed literary works and
prose-poems in recent years, including the poetry collections First Love,
Crying from the Heart, and Come on Children. He is said to be a mature
writer with an established literary credential among Uighur readers. He is
married with two young sons. Korash Huseyin is married with three children.
Wild Pigeon was translated from the Uighur into English and
Chinese by Dolkun Kamberi, director of Radio Free Asia’s (RFA)
Uighur service. It has been adapted for broadcast by RFA’s Uighur
service, edited in English by Sarah Jackson-Han, and produced for the
English Web by Luisetta Mudie. The English translation is available
online in two parts as follows:
http://www.rfa.org/english/uyghur/2005/06/27/wild_pigeon/
http://www.rfa.org/english/uyghur/2005/06/27/wild_pigeon2/
ZHAO Changqing
D.o.b.: 1967. Profession: Leading Xi’an-based dissident. Date of
arrest: 7 November 2002 Sentence: 5 years in prison Expires: 6
November 2007 Details of arrest: Reportedly arrested after drafting an
open letter to China’s 16th Party Congress calling for political reform.
The letter was signed by 192 opposition activists, several of whom were
also detained, including He Depu and Jiang Lijin (see above). The letter
reportedly included the following political demands: a reassessment of
the 1989 democracy movement; the return of political exiles; the restoration
of the political rights of the former Chinese Communist Party
General Secretary Zhao Ziyang, who was ousted from government and
placed under house arrest on 23 June 1989 for advocating a dialogue with
the students demonstrating in Tiananmen Square; the release of all prisoners
of conscience; China’s ratification of the International Covenant on
Civil and Political Rights; national elections. Charged on 25 June 2003
with inciting subversion of state power. Details of trial: His trial began
on 10 July 2003 at the Xi’an Intermediate People’s Court and he was
sentenced on 4 August 2003 to five years’ imprisonment. Health
concerns: Said to be suffering from tuberculosis at the time of his arrest,
and his health is thought have significantly deteriorated in prison.
Transferred to a prison infirmary for several months but subsequently
returned to prison. Place of detention: Xi’an Municipal Public Security
Bureau. Treatment in prison: Held incommunicado and reported to
have been repeatedly ill-treated in jail, including beatings and long
periods of solitary confinement. Most recently reported to have been
placed in solitary confinement for three months on 18 February 2006 for
refusing to participate in military drills in prison. Previous political
imprisonment/problems: Previously served two years in prison for
endangering state security, released in February 2001; also detained in
1989 for his involvement in the Beijing pro-democracy protests. Other
information: Adopted by the UN Working Group on Arbitrary
Detention.
ZHAO Yan
Profession: News assistant at the Beijing bureau of the New York Times
and former reporter for China Reform magazine. Also an activist. Date
of arrest: 17 September 2004. Details of arrest: Arrested on charges of
“providing state secrets to foreigners” for an article published in the New
York Times on 7 September 2004 revealing Jiang Zemin’s retirement
from the position of Chairman of the Central Military Commission and
the transfer of leadership to President Hu Jintao. The article preceded the
official announcement about Jiang’s retirement, which was made on 19
September 2004. Zhao Yan, who worked as a researcher and not a
reporter for the New York Times, is claimed to be the source of the leak
by the authorities and was formally charged on 20 October 2004. On 1
June 2005 it was reported that a new charge of fraud had been brought
against him, allowing the authorities to extend the period of untried
detention legally permitted in Zhao’s case. He was formally charged with
leaking state secrets on 23 December 2005, which carries a maximum
penalty of 10 years in prison. Tried behind closed doors on 16 June 2006
at Beijing People’s Intermediate Court No.2. No verdict has yet been
announced. He remains detained. Treatment in detention: Held incommunicado.
Previous political imprisonment/problems: Zhao began
working at the “New York Times” in May after he was forced out of his
job as a reporter for “China Reform” magazine. Reportedly harassed on
numerous occasions in 2004 for his aggressive reporting for China
Reform magazine alleging government abuse of peasants across China.
In June 2004, police raided Zhao’s family home. According to the New
York-based organization Human Rights in China, the raid startled Zhao’s
elderly father and precipitated a decline in his health and he died a few
days later. Other information: UN Working Group on Arbitrary
Detention declared his detention arbitrary on 2 September 2005.
ZHANG Lin
D.o.b.: 1963. Profession: A dissident writer and pro-democracy advocate.
Date of arrest: 27 January 2005 Sentence: 5 years in prison
Expires: 28 January 2010 Details of arrest: Arrested on 27 January
2005 at Bangbu City railway station in Anhui Province. At the time of his
arrest, Zhang Lin had just returned from a trip to Beijing where he
planned to pay his respects to the late Zhao Ziyang, a reformist politician
who had died on 17 January 2005. Zhang Lin was not permitted to do so
by the authorities and was forced to return to Bangbu. On 29 January,
Zhang Lin was charged with “disturbing social order”, and placed in
detention for 15 days. His house was searched by police on 6 February.
On 12 February, shortly before he was due to be released, he was charged
with “suspicion of endangering national security”, and remains in detention.
According to the official indictment issued by the Bengbu authorities
on 23 May, Zhang Lin was arrested because of a number of
‘subversive’ articles he had written and subsequently posted on the
Internet between August 2003 and January 2005. The lyrics of a punk
rock song by the popular Chinese group Pangu, which he quoted in an
essay entitled ‘Pangu – The Hysterical Ravings of the Chinese People’,
are said to form part of the evidence against him. The stanzas which he
reportedly quoted are translated as follows: ‘The Yellow River Should
run dry, this society should collapse, this system should be destroyed,
this race should become extinct, this country should perish’. Details of
trial: Zhang Lin was convicted of ‘incitement to subversion’ by the
Anhui Intemediate People’s Court on 28 July 2005 and sentenced to five
years in prison. The verdict was not formally announced, even to his
lawyer, until 2 August, significantly reducing Zhang Lin’s opportunity to
appeal his conviction. His appeal was rejected on 14 October 2005
without a hearing. Place of detention: Nanjiao Prison, Hefei City, Anhui
Province. Treatment in detention: Since his imprisonment Zhang Lin
36 has reportedly suffered harsh treatment, including long hours of forced
labour, restricted access to correspondence with his wife, and denial of
access to news and writing materials. Health concerns: Said to be very
weak and suffering from minor heart problems as a result of a monthlong
hunger strike which he ended on 28 September 2005. Reported in
May 2006 to require urgent hospital treatment for a slipped cervical disc
that is affecting his central nervous system. Prison medical facilities are
said to be inadequate to treat his condition. Previous political imprisonment/
problems: Previously detained from 1989-91, when he was
sentenced to two years in prison for his involvement in the pro-democracy
protests, and again from 1994-97 when he received a three-year
sentence for campaigning for workers’ rights. After his release in 1997
he settled in the U.S. but was re-arrested in 1998 when he re-entered
China illegally, and was sentenced to three years’ RTL. Since his release
in 2001 he has been subject to constant surveillance and harassment, and
has reportedly had to rely on publishing articles overseas to support
himself and his family.
ZHENG Yichun
D.o.b.: 1958 Profession: Poet, professor and freelance journalist Date of
arrest: 3 December 2004 Sentence: 7 years in prison Expires: 2
December 2011 Details of arrest: According to PEN’s information,
Zheng Yichun was arrested on 3 December 2004 and charged in connection
with sixty-three articles he had written for foreign-based publications
and websites. His family were reportedly threatened with reprisals
if they contacted international press or human rights organisations about
his arrest. Details of trial: Zheng Yichun was convicted by the Yingkou
Intermediate People’s Court, Liaonin Province, northern China, on 21
July 2005 of ‘incitement to subversion of state power’ for his critical
writings, many of which were posted on-line on overseas web-sites. He
was sentenced on 20 September 2005, and his appeal was rejected on 22
December 2005. Place of detention: Jinzhou Prison, Jinzhou City,
Liaoning Province. Health concerns: Zheng Yichun is a diabetic.
Professional details: A member of the Korean minority. Has published
eight collections of poetry and nearly 200 essays and political articles.
Publications to have recently carried his articles include Da Ji Yuan
(Epoch Times) and websites such as Boxun and Min Zhu Lun Tan
(Democracy Forum), all of them based abroad. Before his arrest, Zheng
was also an English professor at the University of Liaoning. Honorary
member of: PEN Canada and PEN Flanders.
Investigation
CHING Cheong: Hong Kong based correspondent for Singapore’s The
Straits Times. Ching Cheong was detained on 22 April 2005 in
Guangzhou, southern China, on charges of espionage. Sources familiar
with the case claim that Ching Cheong had been sent to Guanzhou to
obtain a manuscript of secret interviews with the late Zhao Ziyang,
former Premier and Secretary-General of the Communist Party, who
opposed the government clampdown on the Tiananmen Square protestors
in 1989, which led to his downfall. It has been reported that the
publication of the interviews would be extremely damaging to the
Communist regime in China. Ching was formally charged on 5 August
2005 for allegedly selling economic, political and military information to
Taiwanese agents between 2000 and 2005. He was transferred to Beijing,
where he has since been held under a form of detention known as ‘residence
under surveillance’. His trial was adjourned for at least a month for
lack of evidence on 22 February 2006 but he remains detained.
Abdulla JAMAL: Teacher and writer. Ethnic Uighur from the Xinjiang
Uighur Autonomous Region (XUAR). Reportedly arrested in early April
2005 for writing a book which allegedly incites ‘separatism’. Jamal, who
teaches at the No.1 Middle School of Poskam County near Kashgar, is
said to be known in the region for his writing. He was detained after he
submitted the manuscript of his book ‘Disaster in the Oil Well’ to a
publishing house in Kashgar. The exact charges against Jamal have not
been made known, although the Chinese authorities have reportedly
accused him of inciting ‘separatism’ in the book. His whereabouts are
unknown and he is feared to be at risk of torture.
*ZHU Wanxiang, WU Zhengyou and WANG Xianyong (aka Pan
Chunlei): Editors and journalist respectively with the magazine
Zhonghua Xin Qingnian (New China Youth). Arrested on 20 August
2005 and sentenced on 17 January 2006 to ten, six and one year in prison
respectively for “illegal commercial activity, fraud and extortion”. The
charges are said to relate their reporting on clashes in Lishui in May 2005
involving peasants who were protesting against the confiscation of their
land. The peasants reportedly gave the newspaper 30,000 yuan (3,000
euros) in thanks for writing about their demands. The prosecutor alleges
that the magazine had extorted the money. The journalists are appealing
their sentences. WiPC seeking further information.
Brief detention
*ZHAO Shiying: Writer and member of Independent Chinese PEN
Centre. Reportedly arrested on 15 February 2006 whilst en route for
Shenzhen airport. He was about to fly to Beijing to apply for a visa to
travel to Turkey to attend the International PEN Writers in Prison
Committee Conference held in Istanbul on 1-4 March 2006. The reason
for his arrest is not known. Released on 17 February 2006.
Released
JIANG Weiping: 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. Arrested on 4 December 2000 and sentenced to
eight years’ imprisonment, reduced to six years on appeal, for ‘revealing
state secrets’ and ‘inciting to subvert state power’ for publishing articles
in the Hong Kong-based monthly magazine Qianshao (Frontline)
reporting on corruption scandals in north-eastern China. Released on 3
January 2006.
LUO Changfu: Internet writer. Arrested on 13 March 2003 and
sentenced to 3 years’ imprisonment for subversion in connection with
articles published on Boxun.com. Presumed freed on expiry of sentence.
YU Dongyue: Art editor of Liuyang Daily. Arrested on 22 May 1989
and sentenced to 20 years imprisonment and five years’ deprivation of
civil rights, commuted to eighteen years in September 2000, on charges
of ‘counter-revolutionary propaganda, sabotage and incitement’ for
throwing paint-filled eggs and ink at Mao’s portrait in Tiananmen
Square, Beijing. He is reported to be suffering extreme psychological
disturbance as a result of treatment in prison. Freed on 22 February 2006
on medical grounds and taken home to his family.
Case closed
CAI Zhouhua: Publisher. Reportedly arrested on 13 September 2004
and accused of ‘illegal commercial activity’ for profiting from the sale of
illegal books. Charges relate to the sale of an unlicensed book, a version
of the Bible not approved by the authorities, published by Maizi
(‘Culture and Art’) publishing House. Case closed for lack of further
details.
LUO Yongzhong: Internet writer/activist and stall-holder. Arrested on
13 June 2003 and sentenced to 3 years in prison on subversion charges 37
for posting critical articles on-line. WiPC learned that he had been freed
on 13 December 2005, 6 months before the expiry of his sentence. Case
closed.
ZHU Yufu: Internet writer and China Democratic Party (CDP) activist.
Arrested in June 1999 with fellow activist Xu Guang (released on 14
September 2004 on expiry of sentence) and MAO Qingxiang and WU
Yilong (see ‘main case’ above) for circulating pro-democracy articles on
the Internet and for their work with the magazine Zai Yedang (Opposition
Party). Sentenced to 7 years’ imprisonment for subversion. Presumed
freed on expiry of sentence in June 2006.
TIBET AUTONOMOUS REGION
Main cases
Lobsang DHARGAY, Tashi GYALTSEN, Jampel GYATSO,
Tsultrim PHELGAY and Toesam Zangden
D.o.b.: 1968, 1964, 1979, 1967 and 1973 respectively. Profession:
Monks from the Drakar Trezong monastery in Qinghai province, northwestern
China. Date of arrest: 16 January 2005 Sentence: Tashi
Gyaltsen and Jampel Gyatso were reportedly administratively sentenced
to three years RTL (“re-education through labour”) and Lobsang
Dhargay, Tsultrim Phelgay and Toesam Zangden to two years’ RTL
respectively. Expires: 15 January 2008 (Tashi Gyaltsen and Jampel
Gyatso) and 15 January 2007 (Lobsang Dhargay, Tsultrim Phelgay and
Toesam Zangden). Details of arrest: Arrested in their rooms at the
Drakar Trezong monastery in Qinghai province, northwestern China.
They were allegedly detained for publishing a journal called ‘The Charm
of Sun and Moon’ which contained poems and writings of a political
nature. The magazine was published in mid to late 2004. Place of detention:
Said to be held in Topa Re-education Through Labour Camp at
Huangzhong Dzong, near Xining in Qinghai province, northwestern
China. Professional details: Tashi Gyaltsen is said to have edited this
and other magazines at the monastery, and to have written ‘The Past and
Present History of Tredzong Monastery’ and other articles. Jampel
Gyatso co-edited the magazine. Lobsang Dhargay, Tsultrim Phelgay, and
Toesam Zangden all vice-edited the magazine. Previous political problems/
imprisonment: Lobsang Dhargay and Toesam Zangden were
detained without charge for one and two months respectively in 2002.
Dawa GYALTSEN
D.o.b.: 1969. Profession: Buddhist monk. Date of arrest: November
1995 Sentence: 18 years imprisonment. Expires: November 2013
Details of arrest: Arrested for writing pro-independence pamphlets
which were posted in April 1995 as part of a widespread protest against
the Chinese authorities. The pamphlets reportedly contained a brief
history of Tibet as an independent nation and pro-independence slogans.
Details of trial: In May 1996, Nagchu Prefecture Intermediate People’s
Court sentenced Gyalsten to eighteen years’ imprisonment on charges of
carrying out “counter-revolutionary propaganda”. His brother Nyima
Gyaltsen was sentenced to thirteen years’ imprisonment for leading the
protest. Three other monks co-accused with the Gyaltsen brothers were
sentenced to lesser terms ranging from two-six years for their participation
in the protest, and have now been freed on expiry of their sentences.
The case was not known to PEN until July 2004. Place of detention:
Tibet Autonomous Region Prison (formerly Drapchi Prison), Lhasa.
Treatment in prison: Said to have been severely tortured whilst under
interrogation.
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 ‘venomously slandered the people’s democratic
dictatorship’ and for ‘spying for the enemy’. Place of Detention: Tibet
Autonomous Region Prison (formerly 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.
INDIA
Killing
*Prahlad GOALA: Journalist. Murdered on 6 January 2006 in the northeastern
state of Assam. He was riding on a motorcycle near his home in
eastern Assam’s Golaghat district when he was apparently rammed by a
truck. When police arrived at the scene they found that he had been
repeatedly stabbed. Goala had recently published a series of articles in
the Assamese-language daily Asomiya Khabar that linked local forestry
service officials to timber smuggling. Goala had reportedly received
death threats by a forest warden in connection with the articles. One
forest warden and two other individuals have been arrested in the case.
*Aran Narayan DEKATE: Journalist for the Marathi-language daily
Tarun Bharat. Reportedly ambushed and stoned by four attackers on 8
June 2006 in the rural area of Takalghat, near Nagpur, Maharashtra state.
He was left fatally injured and died on 10 June 2006 in hospital. The
attack is thought to be linked to articles he wrote on local corruption and
information he had allegedly provided to the police leading to several
arrests.
Attacked
*Shujaat BUKHARI: Kashmir correspondent of the national Englishlanguage
daily The Hindu. Reportedly kidnapped as he left his office in
Srinagar on 10 June 2006 by two armed men who drove him out of the
city and attempted to shoot him. Bukhari claims that the gun jammed,
saving his life, and he escaped. The motive for the attempted murder is
not known, although Bukhari has reportedly been previously threatened
and attacked by both Islamic separatists and security forces for his
reporting on the fighting in Kashmir.
*Robin Dhekial PHUKAN and Parag BHUYAN:Journalists with the
dailies Asomiya Pratidin and Janambhumi respectively. Reportedly
beaten by police in Kakopathar, Assam, northeastern India, on 17
February 2006 whilst covering a visit by an Indian member of parliament.
Both were said to have been hospitalised.
*Ratan LUWANGCHA: Bureau Chief of the local language daily
Poknapham. Reportedly shot and critically injured on 9 February 2006
by an unidentified gunman in the town of Imphal, Manipur, northwest
India. The motive for the shooting is not known.
38
Brief detention
*Alok TOMAR: Editor of the Hindi-language magazine Shabdarth.
Reportedly arrested on 22 February 2006 for publishing a cartoon of the
Prophet Muhammed. Twelve cartoons of the Prophet were originally
published by a Danish newspaper in September 2005 and have sparked
outrage amongst Muslims. Tomar reportedly republished one of the
cartoons to accompany an article on the issue. He was sentenced to a 14-
day judicial custody on charges of publishing objectionable material
which could incite violence. He was freed on 2 March 2006.
INDONESIA
Killing: Investigation
*HERLIYANTO: Freelance journalist working for the newspaper Delta
Pos Tabloid in East Java. Found murdered on 29 April 2006 in a teak
forest near the village of Tarokan, East Java. He had reportedly been
stabbed to death. It is thought that the murder may be linked to his
reporting on local corruption.
Facing charges
*Edi Pratomo CAHYONO AND Marthen JOWENI: Journalists with
the newspaper Timika Pos in West Papua. Reportedly charged with criminal
damage in early May 2006 following a strike on 23 April 2006 by
Timika Pos workers which was stopped by a group of armed assailants
believed to be militants from Golkar, Indonesia’s largest political party,
who attacked the striking workers. The journalists are reportedly accused
by the newspaper’s management of being responsible for damage to the
office premises.
MALAYSIA
Sentenced, free on bail pending appeal
Irene FERNANDEZ (f):
D.o.b.: 1948. Profession: Director of Tenaganita, a women’s rights organization.
Date of arrest: 18 March 1996 Sentence: 12 months’ imprisonment
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: On 16 October 2003 Fernandez was
convicted of ‘maliciously publishing false news’ and sentenced to 12
months in prison by Kuala Lumpa magistrate’s court. Her trial began in
June 1996 and is the longest trial in Malaysian legal history. She remains
free on bail pending appeal but her passport was withdrawn on 4
November 2003. The case was transferred to the Kuala Lumpur High
Court and remains pending. Honorary member of: Canberra PEN
Centre.
MALDIVES
Main case
Mohamed NASHEED
Profession: Opposition politician and writer. Date of arrest: 12 August
2005. Details of arrest: Nasheed was among several members of the
newly established opposition party the Maldivian Democratic Party
(MDP) to be arrested on 12 August 2005 during a peaceful protest in
Malé. Nasheed was reportedly charged on 23 August 2005 with terrorism
for ‘inciting violence against the president’ in a speech he made in July.
Mohammed Nasheed is accused of saying President Maumoon Abdul
Gayoom would face “a violent overthrow” unless he held elections or
stepped down. His trial is expected to start in January 2005. Place of
detention: Has been transferred to house arrest. Treatment in prison:
Reportedly beaten after his arrest. Previous political imprisonment/
problems: Has been arrested and sentenced several times in the past 15
years for his critical writings and opposition activities. First detained
from August 1991-June 1993 for an article written for the popular political
magazine Sangu. Re-arrested in 1994 and 1995. In 1996 he was
sentenced to two years imprisonment for an article he had written. In
2000, he was elected as a member of the parliament for Malé. Six months
later, in 2001 he was tried and sentenced to two and half years banishment
for the theft of unspecified “government property”. In November
2003, Nasheed left the Maldives and joined Mohamed Latheef to help
establish the Maldivian Democratic Party, in exile, in Sri Lanka and the
UK. He was recognized as a political refugee by the British government
in 2004. After about 18 months in self-proclaimed exile, Nasheed
returned to Malé on 30 April 2005. Honorary member of: English PEN.
Investigation
*Abdullah SAEED (aka Fahala)
D.o.b.: 1964 Profession: Reporter with the opposition Minivan Daily
newspaper. Date of arrest: 27 March 2006 Sentence: Life imprisonment.
Details of arrest: Arrested and sentenced on 26 March 2006 to
two months in jail for ‘disobedience to order’ for refusing to submit to a
urine test in the first of three drugs charges against him which are widely
believed to be unfounded and politically motivated. The charges stem
from Saeed’s arrest in October 2005, when he was summoned to the
police station and police claimed to find large quantities of drugs on his
person. Saeed claims the drugs were planted on him by police. He is
known for his critical writings, and it is feared that his arrest is an attempt
to silence him. Details of trial: Convicted on 19 April 2006 on charges
of drug possession and trafficking, and sentenced to life imprisonment.
Place of detention: Maafushi prison. Health concerns: Has been
refused permission to see an eye doctor after his glasses were broken
during his arrest. Previous political imprisonment/problems: He was
convicted on a drugs charge in 2000 and pardoned in 2003.
*Mohamed YUSHAU: Journalist for the Minivan Daily. Reportedly
arrested on 9 April 2006 for allegedly refusing to respond to a police
summons. Held in Dhoonidhoo prison, near Malé. It is feared his arrest
could be part of a government attempt to silence the Minivan newspaper.
WiPC seeking further details.
Facing charges
*Aminath NAJEEB (f): Editor of the opposition newspaper Minivan
Daily and human rights defender. Reportedly summoned to appear in
court on 17 May 2006 for ‘disobeying an order’. The charge is believed
to be linked to the case against Nazim Sattar (see below). The trial was
postponed minutes before it was due to start, but the charges reportedly
have not been dropped. Prior to the summons her house was watched for
several weeks by masked men, and she narrowly escaped an attempt by
another motorcyclist to push her off her motorbike in Malé. It is feared
the charge against her could be part of a government attempt to silence
the Minivan newspaper. 39
*Nazim SATTAR: Subeditor of the Minivan Daily. Charged on 19 April
2006 with ‘disobedience to order’ for an allegedly ‘illicit’ article
published in August 2005. The charges carry a maximum of six months’
imprisonment. He remains free. It is feared his arrest could be part of a
government attempt to silence the Minivan newspaper.
Released
Ahmed Ibrahim DIDI: Businessman and internet writer. Arrested in
January 2002 and sentenced to life imprisonment, reduced to fifteen
years in 2003, for his involvement with Sandhaanu, an internet publication
critical of the authorities. Arrested with Mohamed Zaki (amnestied
on 18 August 2005), Ibrahim Moosa Luthfee (now in exile) and
Fathimath Nisreen (f) (amnestied on 9 May 2005). Released under a
Presidential amnesty on 22 February 2006.
Naushad (aka ‘Naube’) WAHEED: Poet, painter and cartoonist.
Arrested on 9 December 2001 and sentenced to 15 years imprisonment
for attempting to send an email to Amnesty International with information
about human rights abuses in the Maldives. Released under a
Presidential amnesty on 22 February 2006.
MYANMAR (BURMA)
Main cases
AUNG Pwint, THAUNG Tun (Nyein Thit)
Profession: both documentary film makers, editor and poets. Date of
arrest: early October 1999 Sentence: eight years. Expires: October
2007. Details of arrest: Aung Pwint(born c. 1946) and Thaung Tun
(born 1959) were arrested separately in early October 1999 for filming a
video documentary that included portrayals of forced labour and rural
hardship. Convicted and sentenced to eight years in prison. Aung Pwint
charged with “illegal possession of a fax machine” and sending information
to banned Burmese newspapers. Thaung Tun charged under Article
5(j) of the emergency act for sending abroad information on human
rights violations. Professional details: Aung Pwint worked for a private
media company that specialises in tourism and education. He and
Thaung Tun had worked together on documentaries. Aung Pwint is said
to be noted poet writing under the name Maung Aung Pwint. Thaung
Tun, also said to be a poet writing under the pen name Nyein Thit worked
for Padaut Pwint Thit (banned in 1995)and wrote for Rangoon City
magazine and on videos for various independent production companies.
Previous political persecution: Aung Pwint had been prohibited from
making videos in 1996 for showing “too negative a picture of Burmese
society and living standards”. (HRW). Place of Detention: Aung Pwint –
Irrawaddy Prison (2003) Thaung Tun – Moulmain Prison Health
Concerns: One source suggests that Thaung Tun is said to suffer from
brain disorder.
AUNG SAN Suu Kyi (f)
Profession: Leader of the National League for Democracy (NLD) and
writer. Date of arrest: 30 May 2003 Details of arrest: Taken into
‘protective custody’ following violent clashes between opposition and
pro-government supporters on 30 May 2003. The military government
reported that four people were killed in the clashes, though eye-witnesses
estimate the numbers killed to be over sixty. Many were also injured,
including Aung San Suu Kyi, who is believed to have suffered cuts to the
face and shoulder when the window of her car was shattered by a brick.
Her injuries are not thought to have been serious. Her house arrest order
was extended for a year on 30 May 2006. Place of detention: Held in
‘protective custody’ at her home in Yangon. Previous political imprisonment/
problems: Daw Aung San Suu Kyi was held under de facto
house arrest for six years from July 1989-July 1995, and again from
September 2000 until May 2002, when she was released as part of UNbrokered
confidential talks between the State Peace and Development
Council (SPDC) and the NLD which began in October 2000.
Professional details: Daw Aung San Suu Kyi was awarded the Nobel
Peace Prize in October 1991. She is the author of many books, including
Freedom From Fear (1991), Letters from Burma (1997), The Voice of
Hope (1997). Honorary member of: Canadian and English PEN.
*AUNG Than, Zeya AUNG, MAUNG Maung Oo and SEIN Hlaing
Profession: Student activist and NLD member, student, publisher and
distributer respectively. Date of arrest: 29 March 2006 Sentence: 19
years in prison (Aung Than and Zeya Aung), 14 years in prison (Maung
Maung Oo) and seven years in prison (Sein Hliang). Expires: 28 March
2025 (Aung Than and Zeya Aung), 28 March 2020 (Maung Maung Oo)
and 28 March 2013 (Sein Hliang). Details of arrest: Reportedly arrested
with 6 others near the Thai-Burmese border town of Myawaddy for
publishing an ‘anti-government’ book of poems entitled Dawn Mann
(The Fighting Spirit of the Peacock). The peacock is the symbol of the
pro-democracy movement in Myanmar. Six others also detained in
connection with the publishing of the book were freed after a brief detention.
Also charged with associating with outlawed organisations and illegally
crossing an international boundary. Details of trial: Convicted by a
criminal court in Pegu, north of Rangoon, on 9 June 2006 under the
Printers and Publishers Registration Act. Place of detention: All transferred
to Insein jail, Rangoon except Sein Hliang, who is still held in
Pegu jail.
Ko AUNG Tun
D.o.b.: 1967. Profession: Student activist and writer. Date of arrest:
February 1998 Sentence: 13 years in prison. Expires: February 2011
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. 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: Insein Prison. Treatment in
prison: Reportedly held incommunicado in solitary confinement and has
reportedly been ill-treated, including threats and severe beatings. Health
concerns: Said to be in very poor health as a result of 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 his safety. Previous political imprisonment/
problems: Ko Aung Tun was active in the student-led 1988 prodemocracy
movement, and was reportedly previously imprisoned from
1990-94. Other information: Aung Tun is a recipient of the 1999
Hellman/Hammett Award. Honorary members of: Norwegian,
Canberra and Canadian PEN Centres.
KYAW Sein Oo
Profession: Assistant to the head of the information department of the
National League for Democracy (NLD). Date of arrest: 14 September
40 2000 Sentence: Seven years’ imprisonment. Expires: 13 September
2007 Details of arrest: Accused with Aung Myint (see below) 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.
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
transcript of the trial states 7 years). His cumulative sentences will thus
not expire until July 2009. Professional Details: Was active in prodemocracy
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: Reported in March 2006 to
require treatment for high blood pressure and inflammation of the
prostate. Also suffers from spondylitis, an inflammation of the vertebrae,
and diabetes, and suffered two heart attacks during his 16-year imprisonment.
Has lost several teeth and requires dental treatment. Said to be
checked twice a month by a prison doctor but not provided with any
required medication. Is dependent on his family for medicine and meat.
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. He is entitled to a twice-monthly
visit from a relative for 20-25 minutes. Since the start of 2006 he has not
been able to receive visits from the International Committee of the Red
Cross (ICRC). Honorary Member of: Hong Kong (English), New
Zealand and Japan PEN centres.
U AYE Kyu (aka ‘Monywa’ Aung Shin)
Profession: Former newspaper editor and poet. Senior official of the
National League for Democracy (NLD). Date of arrest: September
2000. Sentence: 21 years in prison. Expires: September 2021 Details of
arrest: Among five senior NLD officials (including former PEN main
case Aung Myint, released under amnesty in January 2005) to be arrested
in September 2000. They were detained for writing a statement that was
to be sent to the authorities protesting the September 2000 house arrest of
Aung San Suu Kyi (see above) and calling for the release of other NLD
members and the re-opening of NLD party offices. All five men were
detained two days after the statement was broadcast on a US-based radio
station. PEN first learned of this case in early 2005. Details of trial:
Sentenced on 14 September 2000 to 14 years under the press law and 7
years under security legislation. Place of detention: Insein Prison
Health concerns: U Aye Kyu is said to suffer acute asthma.
Professional details: Aye Kyu started to publish poetry in 1962 and was
banned from publication in 1988. Also former editor of a banned literary
journal. Previous political imprisonment/problems: Aye Kyu was
previously detained from 1967-1970, and served four months in 1990 for
his opposition activities.
Released
U SHWE Ohn: A veteran politician from the Shan community and
writer. Arrested on 8 February 2005 and placed under house arrest for a
year after he met other Shan leaders in Taunggyi, the capital of Shan
state, to discuss the role of the Shan people in the reconvened “National
Convention”. Released on expiry of his detention order.
NEPAL
The press freedom situation deteriorated markedly following King
Gyanendra’s assumption of total control of the government on 1
February 2005. Demonstrations calling for democracy and human rights
began in January 2006, and for three weeks in April 2006 hundreds of
thousands of protestors took to the streets in mass rallies. More than 200
Nepalese journalists and writers were arrested under the Public Security
Act during this time and held for periods of up to ninety days. Most have
since been freed, but some are still serving the remainder of ninety-day
90-day detention orders. The protests were violently suppressed by security
forces, and hundreds of protestors were injured and some killed. On
28 April 2006 King Gyanendra re-instated the House of Representatives
and the situation is said to be improving. PEN has not received any
reports of further arrests since late April 2006.
PAKISTAN
Killing
Hayatullah KHAN: Journalist for the English-language daily The
Nation, the Urdu-language daily Ausaf and the European Press-Photo
agency. Reportedly abducted on 5 December 2005 by five armed men as
he was on his way to report on a protest against a missile attack on a
house in the North Waziristan region of northwest Pakistan which took
place on 1 December 2005. Khan was the first journalist to photograph
pieces of shrapnel found at the scene of the attack which were apparently
part of a missile used by the US forces, contrary to official reports that
munitions exploded inside the house. Khan sent these photos to national
and international news agencies, and reportedly feared retaliation from
intelligence agencies as a result. The house which was targeted in the
attack belonged to Khan’s uncle, whose son and nephew were killed.
Also killed was an alleged senior al-Qa’ida operative and his two bodyguards.
Khan was travelling in a car with his brother when masked 41
gunmen stopped his car and forced him into another car and drove off.
His body was found on 16 June 2006 by villagers in the North Waziristan
town of Mir Ali, where he had been abducted. According to local government
officials and family members, he had been shot in the head, probably
on 15 June 2006, and was handcuffed. No one has claimed
responsibility for his abduction or killing. Khan’s family claims that he
had received anonymous threats in previous months from security forces,
alleged Taliban members and local tribesmen because of his reporting.
Khan’s colleagues widely believe that he was abducted and killed by the
Pakistani intelligence. The Pakistani authorities have denied any involvement
and launched an investigation.
Death Threats
*Sarmad KANRANI and Mubarak BHATTI: Reporters for the daily
Ibrat and the daily Koshish respectively. Reported on 15 June 2006 to
have been receiving death threats from local feudal lords for reports
initially published in the Sindhi language newspapers and media on the
quasi-judicial decision of the Jirga, a traditional feudal assembly, to
marry five minors to a rival tribe. Kanrani has gone into hiding and Bhatti
has been provided with police protection.
Attacked
*Paryal DEYO: Correspondent with Kawaish. Reportedly shot and
injured in June 2006. The motive for the attack is not known.
Threatened
*Nasrullah AFRIDI and Khayalmat SHAH: Journalists with the dailies
Mashriq and The Statesman. Reportedly threatened by a local mufti on
24 February 2006 after reporting on clashes between rival groups in the
Khyber Agency region.
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, commuted to life imprisonment. 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. On 3 June 2004 the death sentence was
commuted on appeal by the Lahore High Court and Afridi was instead
sentenced to life imprisonment. His sentence was upheld by the Supreme
Court on 6 April 2006. Place of detention: Kot Lakhpat Prison, Lahore.
Treatment in prison: Claimed to be mistreated in prison in August
1999. Said to be denied proper medical treatment for a heart condition,
and to be denied a mattress in spite of having back problems. Health
concerns: Reported in September 2003 to have lost a lot of weight and to
be denied appropriate medical treatment for a heart condition which has
worsened. Other information: Father of Mahmood Afridi, managing
editor of The Frontier Post charged in January 2001 with blasphemy.
Brief detention
*Khalil AFREDI, Sudhi AFREDI and Abu Zar AFREDI: Journalists
for the Daily Khabrian, the Daily Frontier Post and the Daily Express
respectively. Reportedly arrested in late June 2006 and held for 24 hours
after interviewing a wanted head cleric of the militant group Lashkar-e-
Islami.
*Haji MUJTABA AND Inam-ur-RAHMAN: A stringer for Reuters and
a contributer to the APTN news agency respectively. Reportedly briefly
detained on 6 March 2006 in the tribal region of North Waziristan whilst
covering clashes between the Pakistani security forces and the Taliban.
Case closed
Afzal NADEEM and Asad Ibne HASAN: Reporters with the newspapers
Awam and Daily News respectively. Cases against them were registered
in Karachi on 28 May 2005 for alleged ‘anti-state’ activities. The
charges relate to a mistake in their reporting of the exact timing of a
police encounter with criminals in which four kidnappers were killed.
The discrepancy in the timing of the incident between their report and the
account provided by the chief of police suggested that the killings could
have taken place extra-judicially. The charges carry a maximum punishment
of seven years imprisonment in one case and three years in the
other. Awam issued a clarification to the report the following day but the
cases were not dropped. The men remain free.
Mohammad TAHIR: Editor and publisher of the independent conservative
weekly Wajood. Reportedly arrested on 19 July 2005 and his newspaper
closed down for fomenting “sectarian extremism and hatred”. The
newspaper allegedly published “objectionable material” that caused
“danger to public safety and order”. He is thought to be charged for
publishing excerpts of a book deemed to incite religious hatred. It is
thought that his arrest was part of a crackdown by the authorities on
Islamic fundamentalism in the wake of the London bombings. He was
released on bail on 9 September 2005.
PHILIPPINES
Killing: investigation
*Graciano AQUINO: Newspaper columnist. Reportedly shot dead on 24
January 2006 at a cockfight in Morong, north of Manila. It is not clear
whether he was killed because of his work as a journalist.
*Orlando Tapios MENDOZA: Part-time newspaper reporter and editor
for the small local newspapers the Tarlac Profile and Tarlac Patrol. Also
held a position in local government resolving land disputes. Reportedly
shot several times by unidentified men as he was returning home in
Tarlac, north of Manila, on 2 April 2006. It is not clear whether he was
targeted because of his journalist activities.
Death Threats
*Nestor ABREMATEA: Publisher of the Tacloban Star. Reportedly
received a telephone death threat on 4 February 2006 after articles
alleging corruption in a local government project.
Facing Charges
*Ninez CACHO-OLIVAREZ (f), Ike SENERES and Herman TIULAUREL:
Editor-publisher and columnists respectively for the opposition
newspaper Daily Tribune. Reportedly charged on 3 March 2006 with
inciting sedition in articles published in their newspaper. The charge
42 carries the maximum penalty of death or life imprisonment. The police
raided the Daily Tribune’s offices on 25 February 2006, just after
President Gloria Macapagal-Arroya had declared a state of emergency on
24 February to suppress alleged attempts to overthrow her administration.
The President has been heavily criticised by government officials,
civil society organisations and the media since July 2005, when she was
accused of fraud in the 2004 national elections. The state of emergency
was lifted on 3 March 2006.
Brief detention
*Ma Cristina CASION (f) and Franklin CALIGUID: Journalists for
the Philippine Daily Inquirer. Reportedly arrested on 2 February 2006 at
a press conference and charged with libel for publishing a Letter to the
Editor criticising a local official. Released the same day.
*Randy DAVID and Argee GUEVARRA: Professor and columnist for
the Daily Inquirer, lawyer and columnist for Business World respectively.
Reportedly amongst about 100 people arrested for allegedly
inciting sedition for their involvement in a peaceful protest against the
state of emergency declared on 24 February 2006. Freed on or around 28
February 2006.
SOUTH KOREA
Judicial concern
SONG Du-Yol
D.o.b.: 1944. Profession: Scholar. Professor of Philosophy at Muenster
University, Germany. Has published several academic books. Date of
arrest: 22 October 2003 Sentence: Seven years’ imprisonment.
Expires: 21 October 2010. Details of arrest: Reportedly detained under
the National Security Law (NSL) for alleged pro-north Korean activities.
Asked to report to the National Intelligence Service on arrival at Seoul
airport on 22 September 2003 after returning to the Republic of Korea
after 37 years living in exile in Germany. He had reportedly been invited
to South Korea by the Korea Democracy Foundation. Subject to extensive
interrogation until 22 October 2003, when he was taken into
custody. Charged on 19 November 2003 under Articles 3,5, and 8 of the
NSL in connection with membership of the North Korean Workers Party.
Prosecutors reportedly took a harsh stance towards him because he
refused to make a formal pledge of loyalty to the Republic of Korea. He
reportedly admits joining the North Korea Worker’s Party, but denies
being a Politburo member. He gained German citizenship in 1993.
Details of trial: Reportedly sentenced on 30 April 2004 to 7 years in
prison under the National Security Law by Seoul District Court. His
academic articles and books allegedly ‘praising North Korea’ were
reportedly raised in court by the prosecution as evidence against him.
Treatment in detention: Said to have been ill-treated during extensive
interrogation sessions at which his lawyer was not allowed to be present.
SRI LANKA
Killing: investigation
*Subramaniyam SUGIRDHARAJAN (aka SSR): Part-time journalist
with the Tamil-language daily Sudaroli. Reportedly shot dead in the
eastern port city of Trincomalee on 24 January 2006. He was aged 35 and
the father of two children aged 3 and 2. The motive for the killing is
unclear although his newspaper has been the target of several politically
motivated attacks in the past year. Colleagues believe he was targeted for
his journalism. He had recently reported on abuses committed by Tamil
paramilitary groups in his region.
Threatened
*Lasantha WIKRAMATUNGE: Editor of the Sunday Leader.
Reportedly threatened over the telephone by President Rajapaksa on 11
January 2006 for an allegedly negative portrayal of his wife in an article
in the Sunday Leader. Also accused of being a traitor in a speech made in
Parliament on 1 February 2006 by the Propaganda Secretary of the
People’s Libertaion Front (JVP), for allegedly supporting terrorist acts
committed by the Liberation Tigers of Tamil Eelam (LTTE). The accusations
were based on a report discussing an alleged LTTE attack on
Colombo published in The Sunday Leader.
TAIWAN
Sentenced/Suspended
HUNG Che-cheng: Reporter. On 25 July 2003 Taiwan’s High Court
sentenced Hung to one and a half years in prison, suspended for three
years, on sedition charges for allegedly revealing military secrets. The
sedition charges are based on an article that Hung wrote on 29 July 2000
for the now defunct Power News. Government prosecutors claimed that
the report included classified information about Taiwan’s military exercises,
which is a sensitive topic because of Taiwan’s strained relations
with mainland China.
THAILAND
Case closed
Supinya KLANGNARONG (f): Secretary General of the Campaign for
Popular Media Reform (CPMR). Faced a criminal defamation suit filed
by Shin Corp, Thailand’s largest telecommunication and mobile
company, for an article published in the Thai Post on 16 July 2003 in
which she alleged that Shin Corp was a major beneficiary of Prime
Minister Thaksin Shinawatra’s policies. She was acquitted of the charges
on 16 March 2006.
VIETNAM
Main cases
LE Dinh Nhan (religious name: Thich HUYEN Quang)
D.o.b.: 1917 Profession: Patriarch 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. Place of detention:
Held under “temple arrest” until around mid-1995 when moved to
an isolated area in Quang Ngai. Moved again in 2003 to Nguyen Thieu
Monastery, Binh Dinh Province. He is said to be held incommunicado
with security police permanently stationed outside the monastery gates.
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. In February 2003 it was
reported that Thich Huyen Quang was prevented from travelling to Ho
Chi Minh City for urgent surgery to remove a painful growth near his
right eye. He was also said to be suffering from high blood pressure,
chronic arthritis and stomach ulcers. On 10 March 2003 it was reported
that he had finally undergone surgery for the growth on his eye in Hanoi, 43
and had been visited by diplomats from the European Union and the
United States. On 2 April 2003 he met with Prime Minister Phan Van
Khai, reported to be the first time in unified Vietnam that a Prime
Minister has met with the head of the UBCV. In October 2003 he was
once again in total isolation in Nguyen Thieu Pagoda and said to be
denied access to medical care despite very poor health, including dental
problems and a painful throat condition. Reported in November 2004 to
be gravely ill in hospital after a stomach haemorrhage. 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 information: Adopted by the UN Working Group on
Arbitrary Detention in May 2005. Awarded the Homo Homini Award by
People in Need-Czech TV Foundation on 9 April 2003. Honorary
Member of: English, French, Danish, and Sydney 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: Seven years imprisonment, followed by
three years house arrest. Expires: 24 September 2009 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 put
under house arrest and close surveillance by the police, to whom he had
to report daily. He was re-arrested on 25 September 2002. 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: Convicted of espionage by
Hanoi People’s Court in a three-hour trial on 31 December 2003. Said to
have “written and exchanged, with various opportunist elements in the
country, information and materials that distorted the party and state policies”.
Also accused of communicating with “reactionary” organisations
abroad. His sentence was upheld on appeal by Ha Noi Supreme Court on
5 May 2004. 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. Place of Detention: Ba Sao Prison, Ha Nam
Province, north Vietnam. Other: Recipient of the Hellman/Hammett
Award 2002. Treatment in prison: Held in a cell with two criminal
convicts, prison authorities have reportedly not allowed him to receive
food or reading materials from his family. Also said to be denied family
visits. Health concerns: Said to be in poor health and to have staged a
hunger stike for two weeks in May 2004. Previous political imprisonment/
problems: Briefly detained in September 2001. Had been under
increased surveillance since April 2002. Honorary member of: Suisse
Romande PEN.
PHAM Hong Son
D.o.b: 1967 Profession: Medical doctor and dissident writer. Date of
arrest: 27 March 2002. Sentence: 13 years’ imprisonment, reduced on
appeal to five years plus three years’ administrative detention (house
arrest). Expires: 26 March 2007 Details of arrest: Arrested on 27
March 2002 on charges of espionage after police searched his home,
confiscated his computer and several documents and subjected him to
four days’ interrogation. Details of trial: Sentenced to thirteen years in
prison and three years’ house arrest by the Ha Noi People’s Court on 18
June 2003. He was convicted on espionage charges for his pro-democracy
activities, including using email to “translate and send anti-Party
documents and anti-government documents” to colleagues abroad. His
sentence was reduced to five years on appeal on 26 August 2003. Place
of detention: Yen Dinh Labour Camp in Thanh Hoa province, central
Vietnam. Prison conditions: Said to have been held in solitary confinement
since August 2003, during which time his health has seriously deteriorated.
He is said to be denied family visits. On 11 September 2004 his
wife and two children (then aged six and four) travelled to Yen Dinh but
were reportedly denied the right to visit him. Health concerns: Pham
Hong Son’s wife reported in August 2004 that he is suffering from an
inguinal hernia for which he is not receiving adequate medical treatment.
The condition is said to require an operation, which if not quickly treated
could lead to fatal complications. In July 2005 he was reported to be
coughing blood. Reported in February 2006 to be seriously ill in prison
and in urgent need of medical treatment. Other information: Recipient
of 2003 Hellmann/Hammett grant. Honorary member of: French,
Canadian and Sydney PEN.
VO Lam Te (pen-names: VU Dinh Thuy and Huong Duong)
D.o.b.: 1948. Profession: Dissident poet and human rights activist. Date
of arrest: 1979 Sentence: Life imprisonment. Details of arrest:
Arrested for his human rights activities. Specifically, he was a member of
the group Restoration of Human Rights in Vietnam, whose activities
included campaigning for the release of all political prisoners arbitrarily
detained without trial in forced labour camps. He was sentenced to
twenty years in prison, and whilst detained he composed a collection of
poems entitled “In front of the Palace of Justice”, which he attempted to
smuggle outside the camp. The manuscript was discovered by the prison
guards and his sentence was increased to life imprisonment for ‘writing
poetry in detention’ by an ad hoc tribunal inside the camp. Place of
detention: Labour camp no.5, Thanh Cam, Thanh Hoa Province.
Treatment in prison: Reportedly suffered severe beatings in prison, as a
result of which he has lost the use of one eye. Health concerns: He is in
very poor health after over 30 years of detention, ill-treatment and
malnutrition. Previous political imprisonment/problems: Imprisoned
without trial for “re-education” in 1975. He was held in a hard labour
camp until he managed to escape in 1978.
Under house arrest
DANG Phuc Tue (religious name: Thich Quang Do)
D.o.b.: 1928 Profession: Buddhist monk, writer, scholar. Secretary
General of the outlawed Institute for the Propagation of the Dharma,
United Buddhist Church of Vietnam (UBCV). Date of arrest: 9 October
2003 Details of arrest: Part of a delegation of nine UBCV leaders who
were all arrested on 9 October 2003 (see Thich Huyen Quang above).
The delegation had left Binh Dinh at 5.00 a.m. on 8 October 2003 en
route for Ho Chi Minh City (Saigon) when security services blocked
their departure. After a protest in which over two hundred monks formed
a human shield around their vehicle, the delegation was allowed to
continue its journey, only to meet another police barricade on the
following day, when all nine UBCV leaders were arrested and taken
away for interrogation. Thich Quang Do and Thich Huyen Quang were
placed under house arrest. Since September 2003 a police clampdown
44 has been underway on efforts by UBCV leaders Thich Huyen Quang and
Thich Quang Do to hold a peaceful UBCV Assembly to discuss UBCV
reorganisation and new appointments. Thich Quang Do was briefly
detained on 16 February 2006 whilst attempting to visit UBCV Patriarch
Thich Huyen Quang. Place of detention: Thanh Minh Zen Monastery in
Ho Chi Minh city. Health concerns: Reported in November 2003 to be
critically ill, and to be denied medical treatment for diabetes and heart
problems. Underwent heart surgery in late August 2003, and his health
has reportedly rapidly deteriorated as a result of long hours of police
interrogation since his re-arrest. Previous political
imprisonment/problems: On 27 June 2003 he was released from a
twenty-seven month detention order. Has spent most of the last twenty
years in detention or under residential surveillance because of his
campaign for religious freedom and free expression. Other information:
Adopted by the UN Working Group on Arbitrary Detention in May
2005.
Brief detention
*DO Nam Hai: Writer. Among several leading activists to be briefly
detained and interrogated for signing two appeals released on 6 and 8
April 2006 by a fledgling human rights and democracy movement. The
appeals were each signed by over 100 people and released shortly before
the Tenth National Congress of the Vietnamese Communist Party.
*DUONG Phu Cuong and NGUYEN Huy Cuong: Journalist with the
Vietnamese-language daily Tuoi Tre and freelance journalist respectively.
Arrested for allegedly ‘violating departure laws’ on 17 April 2006 at Ho
Chi Minh city’s Tan Son Nhat Airport. They had been scheduled to
depart for a freedom of expression seminar in the Philippines when they
were detained and interrogated. They were released the same day. Duong
Phu Cuong has been under heavy surveillance in recent months and is
known for his reporting on official corruption and other social issues.
Released
NGUYEN Khac Toan: Freelance reporter and dissident writer. Arrested
on 8 January 2002 and sentenced to 12 years in prison on charges of espionage
for posting reports on the Internet about the December 2001
protests against corruption in front of local government buildings and the
National Assembly. Freed on conditional release on 24 January 2006 for
“good behaviour” but faces three years of travel and political restrictions.
Said to be in poor health.
EUROPE and
CENTRAL ASIA
ARMENIA
Investigation
Murad BODJOLYAN: age 56. Former diplomat and journalist.
Arrested January 2002. Trial details: Trial started on 24 October 2002
under Article 59 of the Criminal Code (treason). Subsequently convicted
to ten years in prison on 16 December 2002. Accused of passing on military
and economic information to the Turkish military intelligence, as
well as details of Kurdish Workers’ Party exiles in Armenia. Lawyers
argue there is little evidence and suggest that his writings are the basis of
the charges. The conviction was upheld in early 2003 and is now final.
Bodjolyan has brought his case to the European Court on Human Rights.
Background: Bodjolyan is a freelance journalist for the Turkish NTV
television network. Until 1998 worked in the Armenian foreign ministry
and acted as interpreter for former president Ter-Petrosian. Suggestions
that the conviction may be linked to February 2003 presidential elections
and is aimed at undermining Ter-Petrosian who is standing for re-election.
Married with children. PEN is seeking an update of his trial and
current status.
*Arman BABAJANIAN: journalist and editor for the newspaper
Zhamanak-Yerevan (Yerevan Times). Age 34. According to the prosecutor’s
general office a criminal case was opened against Babajanian on
24 June 2006. Babajanian was detained on 26 June and charged with
allegedly forging documents four years ago to allow him exemption from
military service. The authorities have not explained the delay in pressing
charged for which Babajanian can face up to five years in prison. He was
refused bail on 28 June and is likely to spend the next two months in
prison pending trial. Babajanian’s lawyer plans to appeal the refusal of
bail since it could suggest that there is a political motive behind the case.
The underlying cause of the case is claimed to be Babajanian’s work on
Zhamanak-Yerevan. Babajanian had been living in California, USA until
he moved to Armenia in early 2006.
Attacked
*David DZHALAYAN: sports reporter for the newspaper Aikakan
Zamanak. Attacked by an unknown man in central Yerevan on 30
January 2006. The attacker stabbed the journalist in the stomach with a
knife. Dzahalayan retaliated, hitting his attacker and causing him to flee.
Neither Dzahalayan or Nikol Pashinayn, the editor-in-chief of Aikakan
Zamanak, are sure of the motivation for the attack, but suspect it could be
connected with Dzahalayan’s work. The incident is being investigated by
the local police.
AUSTRIA
Main Case
*David IRVING: Historian and writer: age 67. Sentenced to three years
imprisonment on charges of Holocaust denial during a one-day trial in
Vienna on 20 February 2006. The charges relate to his denial of the exis- 45
tence of gas chambers at Auschwitz in two speeches made in Austria in
1989. Irving pleaded guilty to the charges but stated that “Obviously, I’ve
changed my views” and that “I have learned a lot since 1989”. Previously
he had claimed that Adolf Hitler knew little, if anything about the
Holocaust and that the gas chambers were a hoax. Austria is one of
eleven countries with laws against denying the Holocaust. Irving intends
to appeal the three year sentence which his lawyer, Elmar Kresbach,
described as “a little bit of a message trial”. PEN is in solidarity with the
views of Deborah Lipstadt, the American writer and academic Irving
unsuccessfully sued for libel in the UK in 2000 who asserted that “I am
not happy when censorship wins, and I don’t believe in winning battles
via censorship… The way of fighting Holocaust deniers is with history
and with truth”.
AZERBAIJAN
Killed: Investigation underway
Elmar HUSEYNOV: editor and founder of the opposition weekly
Monitor. Killed in the entrance of his apartment building in Baku on 2
March 2005. Huseynov was shot seven times while walking up the stairwell
to his apartment and died at the scene. He had previously
complained of mutiple threats and was reportedly very concerned for his
personal safety. Evidence strongly suggests that the killing was carefully
planned; a light in the entrance was damaged and several telephones in
the local area were disconnected at the time of the shooting. Under
Huseynov’s editorial control Monitor had been consistently critical of the
government and the president Ilham Aliyev. The weekly was forced to
pay damages in several defamation lawsuits filed by public officials and
was closed twice in five years. Details of Investigation: On 7 April 2005
investigators claimed to have identified several suspects wanted in
connection with Huseynov’s killing; all Georgian citizens and ethnic
Azerbaijinis, but did not disclose any motive or evidence connnecting
them with the shooting. The case was then transferred from the prosecutor
general’s office, which usually handles murder cases, to the
Ministry of National Security (MNB) where the crime was reclassified
from ‘premeditated murder’ to ‘an act of terrorism’. In July 2005 the
authorities arrested and imprisoned for two years Turgai Bayramov, a
cousin of one of the original suspects, for charges of allegedly falsifying
documents to buy mobile phones for the suspects. However, there have
been no developments in the case since and one year after the murder no
suspects are in custody and many of Huseynov’s colleagues and relatives
believe that the investigation is failing to pursue relevant leads. On 28
February 2006 human rights organisations including the World Press
Freedom Committee and the International Federation of Journalists
issued a statement directly appealing to President Aliyev and the
Azerbaijini authorities to resolve Huseynov’s killing. The statement
asserted that ‘We firmly believe that this killing was ordered to avenge
Elmar Huseynov’s criticism of government officials, including the president
of Azerbaijan, Mr Ilham Aliyev.
Investigation
*Samir ADYGOZALOV: Editor-in-chief of Boyuk Millat. Reportedly
sentenced to one year in prison on charges of criminal libel and insult at
Nizami District Court on 23 February 2006 in connection with an article
of 15 September 2005 entitled “Rector-Armenian” which accused the
parliamentarian and rector of Baku State University, Abel Magarramov,
of being an ethnic Armenian and improperly using university funds to
support the Armenian diaspora. Because of the decade-long occupation
of the western Azerbaijini province Nagorno-Karabakh by neighbouring
Armenia, relations are difficult and ascribing Armenian heritage to
someone is considered a slur. Magarramov may have been justified in
seeking civil redress through the courts but PEN believes that
Adygozalov’s prison sentence is an extreme and disproportionate punishment
which contravenes the right to freedom of expression. He has been
detained since the verdict of 23 February 2006. Representatives of the
‘Boyuk Millat’ (Great Nation) nationalist party - which is affiliated with
the newspaper - criticised the prison sentence and reportedly said that
Adygozalov was willing to publish a retraction of the accusations made
in the article.
*Sakit Mirza ZAKHIDOV: journalist for the newspaper Azadlyq, was
placed in detention for three months on 24 June 2006 by the Nasimi
Regional court on a drug possession charge. Zakhidov was not allowed to
meet with his lawyer until 29 June. The police claim Zakhidov was found
in possession of 10 grams of heroin but Zahidov’a brother, Ganimat
Zakhidov, the editor of Azadlyq argues that it was planted on him. Sakit
Zakhidov writes satirical columns in which he regularly criticizes the
government. If convicted he could face between three and seven years in
prison. Amnesty International has issued an Urgent Action raising
concerns that he may be subject to torture while in detention.
Attacked
*Bakhaddin KAHZIYEV: Editor-in-chief of opposition newspaper
Bizim Yol. Allegedly severely beaten and abducted in Baku on 18 May
2006. After returning home from a late night in the newsroom, Kahziyev
claims that his car was intercepted by two other cars at around 1 am . He
stated that around five men in civilian clothes grabbed him, placed a bag
over his head and transported him to an unknown location. He was
reportedly taken to a courtyard in Masazyr, several kilometres outside
Baku, and told continually during the journey that he must stop writing
articles criticising the government. He said that the assault subsequently
continued and Kahziyev’s assailants reportedly drove over his legs. He
eventually lost consciousness, was discovered the next morning and
taken to hospital with mulitple fractures, a dislocated leg and bruises. On
9 June the Ministry of the Interior stated that it would conduct an investigation
into the attack following demonstrations against the abduction.
*Fikret HUSEYNLI: journalist for the opposition daily Azadlig.
Huseynli was kidnapped, tortured and left for dead in Baku on 5 March
2006, almost exactly one year after the murder of Elmar Huseseynov on
2 March 2005 (see above). He was attacked shortly after conducting
interviews in the Patamdart suburb of Baku and struck several times in
the back, until he lost consciousness. He then claims to have regained
consciousness to discover that he was in the back of a car with three
unknown men, then driven to the edge of the city, near a former bus
terminal and thrown out of the vehicle; his hands were bound and his
fingers were broken. One of the assailants stabbed him in the neck, he
collapsed and was left at the side of the road. After calling for help he
was taken to hospital and was operated on; his condition remains critical
as a result of heavy blood loss but his family, distressed by the possibility
of security forces questioning him during the night, care for him at home.
During the month previous to this attempt on his life, he claims to have
received threatening phone calls probably associated with a number of
articles he had written condemning corruption at high levels of
Azerbaijan authority and revealing the criminal activities of some
oligarchs. A spokesman for the Azerbaijani Interior Ministry said that the
Ministry will do all they can to resolve the crime.
46
BELARUS
Killed
*Vasily GRODNIKOV: age 66. Freelance journalist working for the
Minsk opposition paper Narodnaya Volya. CPJ reports that he was found
dead at his home near Minsk from a head wound on 17 October 2005.
Grodnikov’s newspaper has been the subject of retaliatory measures of
its criticism of President Lukashenko and state-run newspaper kiosks
are barred for selling it. Grodnikov’s brother reportedly told the press
that Grodnikov had suffered an attack in January 2005 but had not
reported it. There was no robbery at Grodnikov’s home where the
murder took place, cited as as evidence that the motive was not purely
criminal. Grodnikov’s newspaper colleagues say that he did not report
on controversial issues and had no known links to the authorities or the
opposition. An Interior Ministry statement said that there was no sign of
struggle at the apartment and that Grodnikov had died of a stroke.
However, an autopsy concluded that he had died of an injury to the head.
An investigation has been opened. On 22 November 2005 RSF called on
the authorities to take into account new evidence that suggested that
Grodnikov had been working on a series of articles on criminal gangs
who had targeted elderly people living on their own, and a notepad
found in his home with the draft of an artcle entitled “Several intransigent
questions for the president and the agencies under his control.” RSF
is concerned that his murder may be linked to his reporting on such
sensitive issues.
Main Case – Conditional release
Professor Yury BANDAZHEVSKY
DoB: January 1957 Profession: Doctor of medicine – pathological
anatomy. Author of numerous scientific works. Date of arrest: July 1999
Sentence: Eight years reduced to four years Released: 6 August 2005
with conditions effective to August 2010.
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 the criminal 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.
Sentence immediately reduced to seven years. Sentence reduced to 6
years in January 2002, to 5 years in January 2003 and again to four years
on 8 January 2004. Conditional Release: Yuri Bandazhevsky was
released unexpectedly on 5 August 2005 following an amnesty declared
by President Lukashenka to commemorate the 5 May anniversary of the
end of the World War II. He will, however, have to report to the police on
a regular basis for the next 6 months, and has fines of some 35 million
Belarus roubles. In addition he is barred from holding positions of
authority, including managerial or political. Professional Background:
Doctorate in pathological anatomy. Director of Belarus’ central research
laboratory from 1987. From 1990 rector of the Gomel State Medical
Institute, southern Belarus. 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-137 on humans
living in the contaminated areas He has prepared two scientific books
while in prison to be published abroad. Honorary Member: Swiss
Romande, English and Norwegian PEN Centres.
Briefly detained
*Vadzim ALEKSANDROVICH: journalist, Belorusy I Rynok, Minsk..
Sentenced to 10 days administrative detention on 22 March 2006 in
connection with the protests against the 19 March re-election of
President Lukashenko. Conditions in detention are reported to be very
poor.
*Ihar BANTSAR: journalist, for the Polish language Glos znad Niemna
in Exile, Grozny. Sentenced to 10 days administrative detention on 21
March 2006 in connection with the protests against the 19 March re-election
of President Lukashenka. Conditions in detention are reported to be
very poor.
*Yury CHAVUSAU: writer for Arche magazine and journalist for the
Assembly of NGOs Internet Portal. Sentenced to 10 days administrative
detention on 21 March 2006 in connection with the protests against the
19 March re-election of President Lukashenko. Conditions in detention
are reported to be very poor.
*Iryna DARAFIEJCHUK (F): Poet and Belarussian PEN staff member.
Arrested alongside Dynko on 21 March 2006.
*Andrej DYNKO: writer, editor and former Vice President of Belarus
PEN. Arrested on 21 March 2006 with hundreds of other protestors and
sentenced to 10 days in prison on charges of “hooliganism” for allegedly
using “vulgar language”. Reports that prison conditions are dire. Also
editor for Nasha Niva newspaper and Arche cultural magazine, both of
which have suffered government reprisals in recent months. Extracts
from his prison diary were published on his release.
*Mikalaj GIERDZIY: journalist, Volny Horad, Krychau Sentenced to 2
days administrative detention on 18 March 2006 in connection with the
protests against the 19 March re-election of President Lukashenka.
Conditions in detention are reported to be very poor.
*Eduard GLEZIN: Russian journalist for the newspaper Pravoye Delo.
Sentenced to fifteen days imprisonment on unspecified charges relating
to protests on 24 March 2006 against the ‘highly flawed’ 19 March reelection
of President Lukashenko. Conditions in detention are reported to
be very poor.
*Georgy KANDELAKI: Georgian journalist. Arrested with fellow
Georgian film maker Luka Tsuladze on 24 August 2005 and sentenced
to 15 days in prison for “hooliganism”. Both are members of the
Georgian student activist group, Kmara. Supporters believe that they
were imprisoned rather than deported to Georgia to hide evidence of
beatings suffered on their arrest. The Georgian ambassador to Ukraine
was denied access to the two until almost a week after their arrest.
Conditions in detention are reported to be very poor.
*Vadim KAZNACHEYEU: Freelance Belarusian journalist. Sentenced
to ten days imprisonment. Charged with ‘participating in an illegal rally
and uttering anti-state slogans’ which relate to his presence at a protest 47
on 24 March 2006 against the ‘highly flawed’ 19 March re-election of
President Lukashenko. Conditions in detention are reported to be very
poor.
*Darya KOSTENKO: Correspondent for the magazine Asveta and
Adukatsyya. Sentenced to ten days imprisonment on unspecified charges
relating to a protest of the 24 March against the ‘highly flawed’ 19 March
2006 re-election of President Lukashenko. Conditions in detention are
reported to be very poor.
*Oleg KOZLOVSKY: Russian journalist for the newspaper Pravoye
Delo. Sentenced to fifteen days imprisonment on unspecified charges
relating to protests on 24 March 2006 against the ‘highly flawed’ 19
March re-election of President Lukashenko. Conditions in detention are
reported to be very poor.
*Frederick LAVOIE: Reporter for the Montreal-based newspaper La
Presse. Arrested while covering the 24 March October Square protests
against the ‘highly flawed’ 19 March 2006 re-election of President
Lukashenko. Sentenced to fifteen days in jail. Conditions in detention are
reported to be very poor.
*LOSKUTOV Pavel: Journalist and member of the Union of Belarussian
writers. According to reports of the 19 May 2006, Loskutov was
sentenced to fifteen days administrative arrest.
*Andrij LUBKA: Ukrainian journalist, Karpatski Holos,, Ukraine
Sentenced to 15 days administrative detention on 22 March 2006 in
connection with the protests against the 19 March re-election of
President Lukashenka. Conditions in detention are reported to be very
poor.
*Alena LUKASHEVICH (F): Freelance journalist. Detained in Minsk
on 23 March 2006. Still awaiting details. Presume freed.
*Lorraine MILLOT (F): Moscow correspondent of the French daily
Liberation. Briefly detained relating to 24 March protests against the
‘highly flawed’ 19 March re-election of President Lukashenko.
Conditions in detention are reported to be very poor.
*Sergey NEROVNY: journalist, Volny Horad, Krichev Sentenced to 3
days administrative detention on 18 March 2006 in connection with the
protests against the 19 March re-election of President Lukashenka.
Conditions in detention are reported to be very poor.
Andrei PISALNIK: acting editor-in-chief of the Polish language Gls
znad Niemna. Sentenced to 10 days in prison on 9 August 2005. A
member of the Union of Poles in Belarus (SPB), he was put on trial on 4
August for having taken part in an illegal gathering, a concert organised
by the SPB demonstration marking 3 July Independence Day. He was
again summonsed to appear at the Grodno region interior affairs department
on 25 August along with Andrei Pochobut (below). He is among a
number of journalists of Polish descent who have suffered harassment in
recent weeks. Again sentenced, this time to 5 days administrative detention
on 15 March 2006 and again on 21 March, to 12 days’ detention in
connection with the protests against the 19 March re-election of President
Lukashenko. Conditions in detention are reported to be very poor.
Andrei POCHOBUT: journalist for the magazine Magazyn Polski a
publication for the Polish minority in Belarus. 1) Served with a 15-day
administrative sentence on 27 July 2005 for “civil disobedience” for his
part in a demonstration on 3 July against the government attempts to take
control of the Union of Poles in Belarus. Other journalists, both Belarus
and Polish, who went to report on his trial were also arrested briefly. 2)
arrested again in Grodno on 20 October 2005 and held for some hours
before being freed and warned not to leave the country. 3)Arrested in the
western city of Grodno on 13 March 2006 under unclear circumstances
and charged with ‘petty hooliganism’. Sentenced the following day to 10
days imprisonment during the days approaching the March 19 presidential
election. Background: The Belarus government accuses the Poland
of supporting revolution in Belarus and of whipping up dissent within the
Polish community in Belarus whose leaders have been arrested. Previous
Imprisonment: Sentenced on 4 March 2005 to a ten-day sentence by a
court in Grodno for having “participated in an unauthorised demonstration”.
Convicted under article 167-1 of the Administrative Code. He
served his sentence at Leninski district prison. He is reported to have
subsequently been banned from leaving Belarus for not having paid a
fine relating to his participation in an “unsanctioned” rally on 6 July.
Pochobut claims to have paid part of the fine and willingness to pay the
rest, pointing out that the fact that he was imprisoned meant that he did
not know that he should file an appeal for extension of the repayment
period. The fine is equivalent to a year’s salary which was raised by
supporters in Poland. He was again summonsed to appear at the Grodno
region interior affairs department on 25 August along with Andrei
Pisalnik (above). Reported on 29 August 2005 that Pochobut was fined
for swearing in the presence of a police officer.
*Alexsandr PODRABINEK: Correspondent for the Russian human
rights information agency Prima News. Sentenced to ten days imprisonment
under charges of ‘hooliganism’ which relate to his presence at a
protest on 24 March 2006 against the ‘highly flawed’ 19 March re-election
of President Lukashenko. Conditions in detention are reported to be
very poor.
*Alexi RADS: journalist for the internet site forum.grodno.net..
Sentenced to 10 days administrative detention on 21 March 2006 in
connection with the protests against the 19 March re-election of
President Lukashenko. Conditions in detention are reported to be very
poor.
Presume since freed.
*Ivan ROMAN: journalist for the internet edition of Solidarnost in
Minsk. Arrested 18 March 2006, reportedly taken to a police station ,
questioned with a gun held to his head and threatened. Sentenced to thirteen
days in prison. Conditions in detention are reported to be very poor.
*Siarhej SALASH: journalist for the magazine Offside and opposition
leader Milinkevich activist. Arrested by police in Minsk on 22 March
2006 and sentenced to thirteen days imprisonment. Conditions in detention
are reported to be very poor.
*Alexei SALEJ: Journalist for the website Pahonia. Awaiting trial for
charges of ‘hooliganism’ relating to protests on 24 March 2006 against
the 19 March re-election of President Lukashenko.
*Weronika SAMOLINSKA (F): Intern journalist for the Polish Gazeta
Wyborcza. Sentenced to ten days imprisonment relating to protests on 24
March 2006 against the ‘highly flawed’ 19 March re-election of
President Lukashenko. Samolinska was charged for ‘participating in an
illegal rally’. Conditions in detention are reported to be very poor.
*Andrej SHANTAROVICH: journalist Miestnaya Gazieta Volkovysk.
Sentenced to 3 days administrative detention on 18 March 2006 in
connection with the protests against the 19 March re-election of
President Lukashenka. Conditions in detention are reported to be very
poor.
*Alexi SHEIN: journalist, Milkevichs Press Group. Sentenced to 5 days
administrative detention on 20 March 2006 in connection with the
protests against the 19 March re-election of President Lukashenko.
Conditions in detention are reported to be very poor.
*Valery SHUCHUKIN: correspondent for the opposition newspaper
48 Narodnaya Vokya in the northeastern city of Vitebsk. Arrested on 15
March 2006 whilst seeking accreditation to cover the presidential vote
and charged with insulting members of the Vitebsk election commission.
Reportedly sentenced, by a local court, to seven days in jail for hooliganism:
therefore detaining him for the period of the presidential election.
Conditions in detention are reported to be very poor.
*Tatyana SNITKO and Andrei RASINKSI: Reporters for the newspaper
Nasha Niva. Arrested at around 3am on 24 March 2006 in connection
with protests against the ‘highly flawed’ re-election of President
Lukashenko. Conditions in detention are reported to be very poor.
*Anton TARAS: freelance journalist. Arrested in Minsk on 23 March.
Sentenced to eleven days imprisonment. Conditions in detention are
reported to be very poor.
*Tatyana VANINA (F): Freelance Belarusian journalist. Sentenced to ten
days imprisonment on unspecified charges relating to a protest of the 24
March against the ‘highly flawed’ 19 March 2006 re-election of President
Lukashenko. Conditions in detention are reported to be very poor.
*Vitali VASILKOV: Deutsche Welle’s correspondent in the eastern city
of Mogiliyev. Sentenced to seven days in prison on 23 March 2006
relating to protests against the 19 March re-election of President
Lukashenko. Conditions in detention are reported to be very poor.
*Viktar YARASHUK: journalist Miastovy Chas Minsk,. Sentenced to 5
days administrative detention on 15 March 2006 and again on 23 March
to 6 days in connection with the protests against the 19 March re-election
of President Lukashenko. Conditions in detention are reported to be very
poor.
Attacked
*Jan RYBAR: Czech journalist for the Prague daily Mlada Fronta Dnes.
Set upon by thugs in Minsk on 19 March 2006 after he had reported on a
post election rally. Rybar does not believe that it was simple robbery,
citing the presence of security police at the attack.
*Oleg ULEVICH: Russian correspondant for Komsomolskaya Pravda v
Belorussii. On 2 March 2006 Ulevich and a number of other journalists
were beaten up by plain clothes policemen in Minsk as they covered the
arrest of main opposition candidate Aleksandr Kozulin in the lead-up to
the presidential elections. Policemen arrived on a bus as demonstrators
and journalists gathered in front of the police station in Kastrychnitsky
where Kozulin was being held. Ulevich, who was taking photos of the
arrests of activists was seized by several agents, thrown to the ground and
kicked. He was then taken to the Leninsky police station with a broken
nose, concussion and bruising to his face. Andrey Maksimov, a journalist
for Kozulin’s press service and Dzmitry Bruskko, a journalist for
the weekly Belgazeta were also arrested for several hours.
*Jan RYBAR: Reporter for the Czech daily Mlada Fronta Dnes. Beaten
by unidentified assailants as he was covering a post-election rally against
President Lukashenko on Minsk on 21 March 2006. Rybar’s nose was
broken and he suffered from mild concussion and bruises. His laptop
computer and satellite phone; both critical to filing his report from the
rally were both taken.
Harassed
*KHALIP Irina (F): According to reports of 17 May 2006, Khalip was
issued a warning for her articles on the presidential elections in Belarus
and the rallies protesting President Lukashenko’s re-election. . The
warning from the Minsk Prosecutor’s Office claimed that the journalist’s
articles contained “untrue information” and threatened that she could be
charged with violating Article 369 of the Belarussian Criminal Code –
‘discrediting the Republic of Belarus’, punishable by up to six months of
arrest or up to two years imprisonment, and Article 367- ‘slandering the
Belarussian president, which is punishable by a fine, up to two years
corrective labour or up to four years in prison.
*Iosef SERDEYIVICH and the staff of opposition newspaper
Narodnaya Volya. Serdeyivich, the editor-in-chief of Narodnaya Volya
announced at a press conference on 6 March 2006 that police officers had
confiscated 250,000 copies of a special election issue of the newspaper.
Two trucks transporting the newspapers from the printer tin the Russian
city of Smolensk to the capital, Minsk were stopped by police on the
evening of 3 March as they travelled through the northwestern border
region of Vitebsk. Reportedly police cited a “violation of electoral practice”
as the reason for the mass confiscation but failed to legitmise their
claim with any legal documents or official notice. Serdiyevich said that
the newspaper had not violated any election regulations. This confiscation
is symptomatic of widespread government supression of of news
reporting leading up to the general elections.
CYPRUS (NORTH)
Case Closed
Sener LEVENT: editor of Afrika. International Federation of Journalists
reports that Levent appeared before a military court on 25th and 26th
October 2004 for articles seen to be “insulting” the military. The case
relates to pieces published in 1999 and about which 77 accusations have
been made since them. The court decided to send all the cases to a
civilian court. IFJ reports that if convicted Levent could face up to 2,000
years in prison. It calls the action a “continuing … victimisation
campaign” against Levent. PEN is seeking further details. Case closed
due to lack of further information.
DENMARK
Death Threats
*Flemming ROSE, cartoonists and newspaper staff: cultural editor of
Jyllands-Posten. He, 12 cartoonists and the newspaper staff have been
subject to death threats from members of Muslim extremist groups
following the publication in the newspaper of 12 cartoons depicting the
Prophet Muhammed. Islam does not allow for the Prophet Muhammed to
be portrayed. The newspaper had published the 12 cartoons in September
2005 following difficulties encountered by Danish children’s author Kåre
Bluitgen in finding an illustrator who would provide a portrait of the
Prophet for his book on the Prophet Muhammed. Some artists feared
reprisal if they did so. Flemming Rose, in an attempt to highlight the
difficulties encountered by Bluitgen contacted a number of cartoonists
asking them to draw the Prophet to accompany an article on self censorship
and free speech. 12 cartoonists responded to his request and their
cartoons were published leading to events that had repercussions worldwide.
Events: 30 September 2005, articles published. October 2005
and January 2006: Jyllands Posten publishes open letters defending the
publication following complaints from Danish Muslims. 12 October
2005: Danish imams and some ambassadors from Muslim states request
a meeting on the issue with the Danish Ministry of Foreign Affairs. This
was refused. 27 October 2005: Investigation opened after Muslim
groups request that a case of blasphemy be taken against Jyllands-
Posten. 6 December 2005: a group of Danish imams produce a dossier
explaining their case. This gets circulated at the Organisation of Islamic 49
States. While some of the dossier contains measured comments, some
additions included misinformation that leads to a heightening of
tensions. 6 January 2006: Danish Public Prosecutor rules that there are
no grounds to conclude that the cartoons represented a criminal offence
and closed the investigation. Through September 2005 to January 2006,
the furore had limited coverage abroad. However in early 2006 a number
of newspapers world wide picked up on the story, with some reproducing
the cartoons. This led to an escalation and internationalisation of the
dispute. Demonstrations were held in various European capitals, inflammatory
statements made from both sides of the debate and international
debate. Violent attacks were made against Danish and Norwegian
embassies abroad, including arson attacks. Muslim extremists called for
the Flemming Rose and the cartoonists to be killed. Editors in Yemen,
Syria and Jordan were arrested for republishing the cartoons – see elsewhere
in this caselist. The Danish cartoonists have gone into hiding and
the Jyllands-Posten is being provided protection against attack.
GREECE
On Trial
Professor Takis ALEXIOU: academic, writer and artist, also the
founder of the Greek Rumi Committee and President (1994-1996) of the
Panhellenic Historical and Philosophical Society (PANIFE). Sentenced
to twenty-five months on 1 July 2005 by the court of first instance in
Rhodes, despite the Court Prosecutors requesting his acquital. Alexiou
was prosecuted for charges relating to the Greek Rumi Committee.
Background: Amnesty International reports that the charges were
brought against him after a resident of Simi called as a witness a Greek
Orthodox monk Arsenios Vliagoftis, member of the Greek Ecclesiastical
Commission Against Heresies, which considers the Greek Rumi
Committee a sect. It claims that ‘the heresies which it propagates
threaten to corrupt [Greece’s] religious and national identities”. The
Greek Rumi Committee studies the work of Mevlana Celaledin Rumi, a
13th century philosopher, poet and humanist whose writings are included
on the United Nations 1989 list of worldwide literary treasures. The
sentence against Alexiou contradicts Article 13, paragraph 1 of the Greek
Constitution, which guarantees freedom of religion and expression and
also the European Convention for the Protection of Human Rights and
Fundamental Freedoms which Greece ratified in 1974. Alexiou’s trial
before the Three-Member Misdemeanours Appeals Court of Rhodes is
scheduled to take place on 14 March 2006. PEN is seeking further information.
*Makis NODARAS: journalist. On 7 February 2006 Nodaras was to be
tried under charges of aggravated defamation by the press before the
Three-Member Misdemeanours Court of Amaliada. The charges, which
are punishable with a prison sentence between five months and three
years, relate to an article of 11 September 2004 published in the local
Pyrgis-based daily Proti in which the journalist expressed his concern for
the sexual exploitation of a minor which had resulted in her giving birth
to a child from an unknown father. Although the article did not mention
any name or specific municipality, the regional appeals prosecutor
ordered the First Instance Prosecutor to press charges against Nodaras
for the defamation of a specific individual who had been summoned by
local police for interrogation, possibly in connection with the article. The
trial has been postponed until 31 October 2006, as Nodaras’ lawyer was
unable to attend the hearings. Since 1999 Nodaras has been on trial
several times in relation to his work as an investigative journalist
revealing corruption of local police and state agencies.
Brief Detention
*Marko CAKA: correspondent of the newspaper Panorama. Reportedly
detained by Greek police on the night of 6 March 2006 whilst undertaking
research for a report in Syntagma Square in Athens. Caka and a
cameraman were surrounded by police who pulled the journalists out of
Caka’s car, which had a special press licence. This was witnessed by
hundreds of people celebrating the Carnival. The police searched and
damaged Caka’scar and handcuffed Caka and his cameraman before
taking them to the police station. The police later justified the arrest by
claiming that their car was being driven with an Albanian number-plate.
Caka was subsequently taken to the Central Directorate of Traffic
Control. He was later released but received no explanation for his detention.
He has previously written articles about the problems of the
Albanian emigrant community in Greece and has worked with the wellknown
journalist Maki Trandafilopoulos on exposing the trafficking of
children, in which the Greek police is accused of being implicated.
ITALY
On Trial
Oriana FALLACI (F): Author and journalist. Trial opened on 13 June
2006 on charges of defaming Islam in a book. Hearings adjourned to 26
June. The case was opened on 24 May 2005, by a court in Bergamo
which agreed to consider a request that Ms Fallaci be brought to prosecution
for allegedly insulting the Muslim faith in her book The Force of
Reason. The request was made by the Muslim Union of Italy which
objected to derogatory comments about Islam made in the book which
was published shortly after the train bombing in Madrid in March 2004.
In June 2005 it was agreed that the trial should proceed against her some
time in 2006. The book is accused of containing 18 “blasphemous”
statements including referring to Islam as “a pool that never purifies”.
She is accused under a law that forbids defamatory statements against
religions recognised by the Italian state which carries a maximum
sentence of a 6,000. Aged 77, Fallaci, is the author of a number of
controversial books and articles, is resident in the USA. She is also a
former war correspondent. She has caused controversy by recent statements
suggesting that Muslims are aiming to conquer Europe through
mass immigration and suggesting that a mosque being built in Siena
should be blown up. PEN is seeking an update on the court hearings.
Facing Charges
Mario SPEZI: journalist and writer. Dob: c 1946. Spent 22 days in
prison from 7 April before being freed on 3 May 2006 after his arrest
order was overturned by the judge who authorized the imprisonment.
News reports said that he was under criminal investigation for allegedly
obstructing an investigation into the 1968-85 “monster of Florence”
murders. Spezi was initially denied access to a lawyer. The Committee
to Protect Journalists reported that Spezi’s arrest “came just days before
he and American writer Douglas Preston published a book in Italy criticizing
the “monster of Florence” investigation conducted by Perugia
public prosecutor Giuliano Mignini. Spezi, a freelance reporter for the
Florence-based daily La Nazione, has long reported on the murders of
the eight couples. He has written articles in the Italian press and appeared
on television shows about the murder investigation, which remains
open.” PEN reported in late 2004 that Spezi had had his home in Firenze
searched and documents seized by police in November 2004.
50 Furthermore, Douglas PRESTON, endured harassment and questioning
from Judge Giuliano Mignini, the Examining Magistrate for the district
of Perugia, relating to the research of Spezi and himself into the serial
murder case when visiting Italy in early 2006.
KAZAKHSTAN
Attacked
*Yaroslav GOLYSHKIN: Editor of the newspaper Versiya. On the 13
April 2006 Golyshkin was reportedly assaulted by two unknown men on
the porch of his house in Pavlodar, northern Kazakhstan. He was severely
beaten by his assailants, who left his property with nothing. He was later
admitted to hospital was concussion and head trauma. Golyshkin belives
the attack was related to his work, particularly the recent publication of
an article reporting on the kidnapping of a financial police officer who
had investigated a case involving the ‘Chechen Mafia’.
Brief Detention
*Gulzhan YERGALIEVA (F): editor-in-chief of radical opposition
newspaper Svoboda Slova. Sentenced to five days ‘administrative detention’
on 2 March 2006 for holding an unsanctioned demonstration, aimed
at paying final respect to “victims of political repression”, on February
26. Initially fined US$316 on 1 March for her involvement in the demonstration,
a prosecutor asked the court to review the case, claiming that the
penalty was “inexcusably light”. She was subsequently sentenced to the
five days in ‘administrative detention’, a sentence which Yergalieva
claims is intended to prevent her doing her job and which makes the
publication of the next edition of Svoboda Slova impossible.
KYRGYZSTAN
Threat of legal action
*Bermet BUKASHEVA: editor-in-chief of the newspaper Litsa.
Aleksandr KULINSKII: editor-in-chief of the newspaper
Komsomoslyska Pravda v Kyrgyzstane. Reportedly issued with formal
warnings and threatened with legal action by the Prosecuor General
Uchkun Karimov for allegedly ‘slandering’ President Kurmanbek
Bakiyev. Bukasheva’s warning concerned an interview published in Litsa
on 27 December 2005 between two politicians which accused President
Bakiyev of corruption. Kulinskii’s warning regarded an article of 6
January 2006 describing widespread government corruption. The editors
face potential monetary charges or up to three years in prison if legal
action is taken against them.
Threatened
*Editorial board of the newspaper Vecherny Bishkek. On 27 February
2006 the editorial board of this newspaper reported receiving threats
from Nurlan Motuyev, chairman of the board of directors of the firm
Akulak. The threats followed a publication of the newspaper concerning
Motuyev. Motuyev subsequently made a phone call to the offices during
which he apparently shouted “I will take you to court, if the court doesn’t
help, I will blow you up!”. Shortly afterwards he called again and said
“There is a bomb in your office and it will go off in ten minutes”. The
editorial board are now seeking protection from the National Security
Services.
*Nargiz ZHOROBEKOVA (F): journalist for the Osh newspaper Itogi
Negeli. Claims to have been receiving threats since being approached by
a male representative of a criminal group led by Aidar Shamurazayev
during a hearing at the Karasuisk District Court on 30 March 2006. The
man allegedy offered her “cooperation involving a more positive
coverage of Shamurazayev’a activities”. The threats allegedly
commenced after Zhorobeova rejected this offer.
MACEDONIA
Brief Detention
*Zoran BOZINOVSKI: Co-owner and deputy editor-in-chief of the daily
Trokja and journalist for Forum Plus Weekly. In May 2006 Bozinovski
was sentenced to threemonths imprisonment for criminal defamation and
insult relating to an article published in the local weekly Bulevar on 25
December 2003. As a result of his investigative reporting, he has also
been assaulted in the past and faces a further 82 pending charges, mostly
initiated by public officials.
On Trial
Aleksandra STOJANOVSKA (F):journalist for Vest. Accused of
slander by the Health Minister Vlado Dimov, for stating that he had
ordered a laser knife from ‘Replek’ pharmaceutical company. Reported
on the 30 November 2005 that Stojanovska had been arrested several
months previously. He is free pending trial.
MONGOLIA
Threatened
*S. ENKJTUUL (F): journalist for Udriin sonin (Daily News) has been
threatened for her aritcles on the bankruptcies of some private savings
and credit associations. On 13 June 2006, after her article was published,
she was called for a meeting with B. Tamir, who had been mentioned in
the article. Tamir, together with two men urged Enkjtuul to sit in their car
and asked her to publish a correction. Enkjtuul refused to sit in the car
and according to her they said: “If you do not rectify your mistake immediately,
we’ll solve this problem in out own way.” Since the incident,
Enkjtuul has been receiveing threatening phone calls and she claims to
being followed regularly. The police department has filed criminal
charges against B. Tamir but they have not reached any conclusions in
their investigation. The case is still pending.
POLAND
Brief Detention / Released
*Andrzej MAREK: editor-in-chief of the weekly Wiesci Polickie.
Released from a municipal prison in the northwestern city of Szechin on
18 January 2006 after completing two days of a three month jail term for
criminal libel. Marek is one of the very few Polish journalists to have
been tried for criminal defamation since the collapse of communism in
1989. He was charged for two articles in February 2001 which alleged
that Piotr Misilo, speaker of the promotion and information unit of the
Police City Council, had obtained his post through blackmail and used
the position to promote his private advertising business. On 17 January
Misilo had called on President Lech Kaczynski to pardon Marek.
Speaking to a Polish news agency he claimed that “It has never been my
intention to jail a journalist, I only wanted him to apologise.” The
Constitutional Tribunal, Poland’s highest constitutional court suspended
Marek’s sentence and ordered him free.
51
ROMANIA
Brief Detention
*Marian GARLEANU: journalist for newspaper Romania Libera.
Arrested on February 16 2006 as part of a broader investigation into the
leak of military information about Romanian and US soldiers in Iraq and
Afghanistan by a former Romanian soldier Ionel Popa. Garleanu was
detained for two days for possessing military documents, which some
reports suggest are classified. However, Romania Libera editor-in-chief
Bogdan Ficeac claims that the newspaper had previously informed the
authorities that they were in possession of these documents but would not
be publishing them and were thanked by the Defense Ministry. Ficeac
expressed surprise that subsequent to this Garleanu was arrested “for not
handing the documents over or naming his source”. The treatment of
Garleneau and other journalists in this case raises concerns about tactics
of intimidation being used in Romania to influence reporting.
*Sebastian OANCEA: correspondent for the Academia Catavencu magazine
in Bucharest and the national daily Ziua. Also implicated in the case
concerning the alleged abuse of military information about Romanian
and US soldiers in Iraq and Afghanistan by former Romanian soldier
Ionel Popa. His home was searched on 18 February 2006 and his
computer hard drive and personal CDs were confiscated. On 20 February
public prosecutors in Bucharest charged and indicted Oances for the
possession and distribution of state secrets. He faces up to seven years in
prison according to the Prosecutor General’s office. The treatment of
Oancea and other journalists in this case raises concerns about tactics of
intimidation being used in Romania to influence reporting.
RUSSIA
Killed: Trial of suspects underway.
Paul KLEBNIKOV: age 41, editor of the Russian edition of the US
Forbes Magazine, and author. American journalist of Russian descent.
Shot dead in the evening of 12 July 2004 as he was leaving his office in
Moscow. A police investigation was opened immediately. In May 2004,
Forbes had published a controversial list of Russia’s most wealthy people,
notably the high number of billionaires. It is said that many billionaires
prefer to remain anonymous, fearing that they may become targets of
President Putin’s campaign to increase the government’s role in the
economy. Klebnikov is also the author of Godfather of the Kremlin: Boris
Berezovsky and the Looting of Russia, published in 2001. This followed a
controversial article by Klebnikov written in 1996 in which he questioned
the honesty of Berezovsky, a wealthy Russian businessman since charge
with fraud and now living in asylum in Britain. Investigation: On 2
December 2004, it was reported that four suspects were arrested in Minsk,
Belarus. All are said members of the Chechen underworld. Two of the
four were extradited to Russia on 22 February 2005. On 20 June 2005, the
Russian Prosecutor General stated that the killing had been ordered by
Chechen separatist leader Khozh Akhmed Nukhayev who had featured in
Klebnikov’s 2003 book Conversation with a Barbarian: Interviews with
Chechen Field Commander on Banditry and Islam. Sources suggest that
Klebnikov’s murder could be linked to his investigation into the embezzlement
of millions of dollars intended for Chechen reconstruction, the
findings of which would have damaged the reputations of officials at
Chechen and federal level. Other sources remain sceptical. The suspects,
Kazbek Dukuzov, Musa Vakhayev and the accused gang leader Fail
Sadretdinov are also charged with other crimes including contract
killings, extortion, robbery and of being members of a criminal gang.
Trial: opened on 10 January 2006 and was conducted in a closed session
at Moscow City Court, encouraging fears about the credibility of the
verdict. Russian authorities claim that they are still seeking Nukhayev and
two further suspects and alleged gang members; Magomed Dukozev and
Magomed Edilsultanov. However, some journalists have questioned the
prosecutor’s case. Aleksandr Goredyev, deputy editor of the Russian
edition of Newsweek reportedly spoke to Klebnikov after he had been shot
and said the mortally wounded editor told him twice that the gunman
appeared to be an ethnic Russian. The trial resumed, with a new judge
Vladimir Usov, on 15 February 2006. Having rejected a request from the
lawyer of one of the defendents for an open trial, the Moscow City Court
issued another order closing the trial to the press. A bomb threat on 16
February caused the postponement of the trial until 20 February.
Dukuzov and Vakhayev were acquitted on 5 May 2006, but the US House
of Representatives has since encouraged Russian authorities to “continue
enquiries into Klebnikov’s murder” and the Moscow prosecutor Dmitry
Shokhin asked the Russian Supreme Court to order a re-trial of the two
former defendants.
Killed: Investigation
*Vagif KOCHETKOV: Tula correspondent for the Moscow daily Trud
and a columnist for the local newspaper Tulskii Molodoi Kommunar.
Kochetkov, a 31- year-old journalist, died on 8 January 2006 from
injuries suffered in an attack on 27 Dacember 2005. According to local
press reports an unidentified assailant attacked Kochetkov late on the
night of 27 December as he was approaching his home in Tula, about 125
miles south of Moscow. Neighbours found him lying on the ground, but
he did not seek medical attention for his head injury until 30 December
when he was admitted to Vankinskya hospital . He was released on 3
January, but his condition subsequently deteriorated and he was readmitted
and underwent surgery before his death. It was not immediately
considered that his attack was related to his work, as a string of similar
attacks in the city have been motivated by robbery. However, in March
2006 Kochetkov’s colleagues at Tulskii Molodoi Kommunar revealed that
he had been receiving telephone threats in retaliation for his reporting;
specifically criticisms of a pharmaceutical company in June 2005 and the
criminal activities of an organised crime group. His final article,
published on 12 December, described the suspicious death of a federal
narcotics officer while he was being detained in a local prison.
Kochetkov’s relatives now share his colleagues’ belief that the assault
was work related. On 3 April Tula prosecutors announced they had
completed their investigation and determined that Kochetkov’s death to
be the result of a robbery; the suspect, Yan Stakhanov, a former convict,
faces up to fifteen years in prison. International PEN is seeking further
information.
Disappeared
Maksim MAKSIMOV: investigative reporter for the St. Petersburg
weekly magazine Gorod. Last seen on 29 June 2004, meeting a source in
the downtown district of St Petersburg. He is believed to have been
murdered, although a body has never been found. For an entire year after
the disappearance neither law enforcement or prosecutors reported any
development in the investigation. Then, in June 2005, several Russian
newspapers reported on the detention of at least three police officers, all
senior investigators in the corruption division of the Northwestern
Federal Districts Interior Ministry. The three were alleged to be suspects
52 in Maksimov’s disappearance and probable murder. However, shortly
after these reports, the Interior Ministry released a statement denying the
involvement of the three police investigators in the case. Journalists at
Smena, the St Petersburg newspaper where Maksimov worked before
joining Gorod, claimed on 27 June 2005 to have learned from unnamed
sources that Maksimov’s probable murder was a contract-style-hit,
organised by high-ranking investigators in retaliation for Maksimov’s
investiagtion of corruption in the local Interior Ministry. The paper said
that all all the alleged perpetrator; three organisers and two executors
were in detention. Authorities have taken no action to reveal any progress
in the investigation or to make public the names of anyone held in
connection with the crime. With the support of many human rights
organisations including International PEN the Committee to Protect
Journalists (CPJ) has written to President Vladimir Putin demanding that
“all those that are responsible for the disappearance and probable death
of our colleague Maksim Maksimov are brought to justice.”
Main Case: suspended sentence
Stanislav DMITRIEVSKI: editor-in-chief of Pravo-zashchita (Rights
Defence), a monthly newspaper of the Russian-Chechen Friendship
Society (published in Nizhny Novgorod). The RCFS reports that criminal
investigations were initiated in January 2005 by the Federal Security
Bureau on charges of attempting to overthrow the government for reports
carried in the newspaper in March and April 2004 quoting Chechen rebel
leaders, including the late Aslan Maskhadov, based in the UK and France
calling for peace talks. Moscow prosecutors see the statements as calling
for the overthrow of the government. On 11 August 2005, Dmitrievski
was interrogated for several hours. On 2 September he was charged
under Article 282 of the Russian Criminal Code for “actions aimed at
inciting hatred or hostility and at disparagement of either an individual or
a group of people according to their gender, race nationality, background
religious beliefs as well as belonging to any social group that are
committed publicly or though mass media outlets”. This carries a twoyear
prison term (some report five years). The RCFS has also been
subject to what is described as fiscal harassment by the federal tax
department and ministry of justice. A number of RCFS staff have
resigned in recent months apparently due to intimidation by the Federal
Security Services. The Nizhny Novgorod Society for Human Rights
(NSHR), that worked closely with the RCFS has also reported to have
suffered fiscal harassment. On 22 September 2005, Dmitrievski was
summoned for questioning in relation to the alleged fiscal irregularities.
On 15 November 2005, a British lawyer, Bill Bowring, was denied entry
to Russia by the FSB, just prior to the 16 November opening of the trial
against Dmitrievski. Several members of the RCFS and the NSHR
appeared as witnesses, and the trial was adjourned to 25 November. The
harrasment of Dmitrievski has continued. On 28 November the court
building where the trial was taking place was picketed by thirty members
of the “Nashi” Youth Movement, a pro-governmental group. On the same
day Dmitrievski’s flat was searched by unidentified persons. The intrusion
was reported to the prosecutor’s office. On 3 February 2006 he was
found guilty at the Soviet District Court in Nizhny Novgorod of “inciting
interethnic hatred by using the mass media”. He received a two-year
suspended sentence and a four-year probation period. During this fouryear
period, Dmitrievski will have to inform the authorities as to any
change of residence or travel plan and will have to report regularly to the
local authorities. Any violation of these conditions or a further criminal
conviction could result in him being imprisoned for two years. His
lawyers are appealing against the sentence. Dmitrievski also fears for the
future of the Russian-Chechen Friendship Society under the new NGO
law which bars people “convicted and incarcerated by the decision of a
court of law” from involvement in such organisations.
Investigation
Pawel LYUZAKOV: journalist for the Svobodnoye Slovo (Free Speech)
web-site. As well as two media outlets that cover the focus on the conflict
in Chechnya – the Kavkaz Centre and the Separatist newspaper.
Sentenced on 16 August 2005 to two years in prison for illegal possession
of a firearm. Lyuzakov had been detained since 20 January 2005.
Police say that Lyuzakov had been apprehended after a colleague had
sold him an illegal firearm. Lyuzakov says that he had purchased a tear
gas pistol – legal in Russia – after he had suffered a series of attacks on
the streets. His supporters claim that the firearm was “planted” on him
during his arrest. They believe that the sentence is a means of stopping
his reporting on the Chechen conflict and is part of a wider campaign by
the Kremlin to curtail independent commentary on the war. International
PEN is seeking an update.
*Dina YAKSHINA: journalist for the Kaliningradskiye Novyye Kolyosa
claims to have been illegally kept 29 June 2006 in the buildings of the
Kaliningrad region’s prosecutor’s office. She says that officials from the
prosecutor’s office had allowed her to view materials for the case against
Kaliningradskiye Novyye Kolyosa but that “the circumstances had
changed” on 26 June. She was prohibited to leave when Yakshina asked
investigators to let her go.
Brief Detention
*Yevgeny KHAMAGANOV: Journalist for local newspaper Inform
Polis. Reportedly detained in Ulan-Ude on 11 April 2006. Witnesses
claimed that when Khamaganov was being taken to the police station,
officers openly demanded that he stop writing materials criticising the
merger of the Ishtuk region and Ust-Oda. It is also alleged that he was
threatened with a criminal case for charges of ‘promoting extremism and
fanning ethnic feud’ if he did not provide materials compromising young
activists who oppose the merger.
*Viktor SHMAKOV: Editor of the opposition newspaper
Provintsialnyye Vesti. Arrested by the special services of the Republic of
Bashkortosan on 29 April 2006 on suspicion of involvement with
extremism. He was detained and asked to give his written undertaking
not to leave Bashkortosan. Shmakov was released on 18 May and has
since claimed that he believes that his arrest was intended to prevent his
coverage of an opposition rally held in Lenin Square.
Kidnapped
Ali ASTAMIROV: age 34. Journalist for the AFP newsagency.
Reportedly abducted in front of fellow journalists by unknown armed
men in Ingushetia on 4 July 2003. Astamirov, based in the Ingushetia
capital, Nazran, is said to have received threatening phone calls in the
months before his abduction. It is thought he is being held hostage
although no ransom demands have been made. Astamirov’s brother
issued a taped appeal in January 2004 to the kidnappers calling for him to
be freed and allowed to return to his family and two children. In July
2004, RSF called on the United Nations Working Group on
Disappearances and the Council of Europe to investigate the case. RSF
continues to campaign on his behalf.
On Trial
Mikhail AFANSSIEV (Afanasyev): journalist. Arrested on 9 December
2004 in the autonomous region of Hakasia as he attempted to travel to 53
Moscow to pick up the Glastnost Defence Foundation’s Sakharov Prize.
He is reported to be charged with defamation for an article posted on the
website www.nacbez.ru entitled “A Gang of Hunters Have Taken
Power”. Afanssiev is known for his investigative reporting which have
already brought five defamation charges against him in 2005, three of
which have since been dropped. Case closed due to lack of information.
*Arseny MAKHLOV: Publisher of the weekly Dvornik. On 14 April
2006 prosecutors in the western city of Kalningrad filed criminal libel
charges against Makhlov, relating to three articles published in Dvornik
during 2004 and 2005 which criticised a local prosecutor for accepting
money to close a fraud case against a government official. The case was
initially opened on 5 December 2005 and orders dictated that Mahlov
was not to leave the region while the case was pending.
*Anna SMIRNOVA (F): Editor-in-chief of the newspaper Nash Region.
Faced charges of ‘fanning ethnic feud’ for publishing the thirteen
cartoons of the Prophet Muhammed that originally appeared in the
Danish newspaper Jyllands-Posten in September 2005. Smirnova faced
up to five years in prison under the charges. On 25 May 2006 the Vologda
regions court exempted Smirnova from punishment but was reportedly
fined 100,000 rubles (approximately $3, 700), and asked to give her
written undertaking not to leave the city.
Attacked
*Natalya GORNIKOVA (F): Journalist with the newspaper Taglisky
Rabochy. Reportedly beaten by a police officer on 17 May 2006. The
attack is said to have occurred in a police station as Gornikova attempted
to find information about several football fans who had been detained
during a match. The officer refused to provide information and tried to
force her to leave. However, Gornikova claims that she saw one of the
detainees being beaten and remained in the station to try to film the
assault. At this point, she claims the officer attempted to confiscate her
camera and hit her in the face. He reputedly also forced her to clean the
station floor, threatening her with violence of she refused. Gornikova had
a voice recorder in her bag throughout the incident and an investigation
into the incident has now commenced.
*Malika GORTIKOVA (F): journalist for Serdalo. Attacked on her way
to work in Nazran, the capital of the republic Ingushetia, on 10 February
2006. Gortikova states that she was walking down the street at around
10:00 am when a car without licence plates stopped near her and a man
got out, hit her several times with a baton, took her bag and left. A criminal
case was opened on the same day to investigate the possible relationship
between the attack and Gortikova’s professional activities.
*Murat GUKEMUHOV: correspondent for the REGUM news agency. It
is reported that Gukemuhov’s father was attacked in Cherkessk, a city in
the Karachaevo-Cherkessia republic. Gukemuhov believes that the
unidentified attackers who came to his apartment on 11 May 2006
mistook his father for him. His father was hit several times on the head
with a baseball bat and remains in a grave condition in hopsital.
Gukemuhov had previously received threats connected to reports about
the Presidents son and about public disorder.
*Marina LITVINOVICH (F): Chief Editor of the internet site Pravda
Beslana and coordinator of the opposition movement ‘Joint Civil Front’.
Reportedly attacked at 9 pm on 20 March 2006, near the ‘Joint Civil
Front’ office at Marenko Street. Litvinovich claims that unidentified individuals
attacked her from behind and hit her several times on the head,
causing her to lose consciousness. After regaining consciousness she
asked for an ambulance to be called to the scene and received medical
attention at the hospital. Two of her teeth were knocked out and she
suffered injuries to her face and ribs in the attack. Litvinovich is
“inclined” to believe that the attack was related to her investigative work
on the terrorist attacks in Nord Ost and Beslan.
*Vladimir VORONOV: reporter for the magazine Novoye Vremya.
Attacked in his apartment building in Moscow on 22 February 2006.
Voronov specialises in journalistic investigations and is the author of a
book on the secret services.
Death Threat
*Dodojon ATOVULLOYEV: Tajik journalist and editor of Chagory Rus.
According to RSF on 19 June 2006, Atovulloyev had been receiving
anonymous death threats. These threats are thought to be linked to his
monthly publication Tajik/Russian relations. Several members of
Atovulloyev’s family have been arrested in Tajikistan Atovulloyev
himself was briefly detained after being accused of insulting the president.
Atovulloyev was granted asylum in Germany 2002, where he is
partly based. The Tajik authorities have dropped the charges against him.
Harassment
*Kelly McEVERS (F): Freelance American journalist. Interrogated by
authorities in the Southern republic of Dagestan who also removed her
possessions, including a camera, dictaphone, notebooks and a laptop, and
restricted her movements during the end of March 2006. She was repeatedly
questioned in reference to her research on terrorism and refused the
permission to contact the US Embassy or a local lawyer.
Case Closed:
Andrei SKOVORODNIKOV: web-site editor sentenced to six months
of “corrective labour” in 2006 for creating an internet site that had
carried articles “defaming” President Putin. Presumed no longer
detained. Case closed.
SPAIN
Free on bail/Judicial Concern
Xabier ALEGRIA: Former leading member of the Administrative
Council of Egin a Basque-language paper banned in 1999. Arrested 20
February 2003 under anti-terrorism laws and held in “unconditional
detention” until freed on bail. Alegria claims to have been tortured at the
hands of the Civil Guard during his interrogation. A former teacher of
Basque language, Alegria, he was elected in 1995 to provincial parliament.
Imprisoned for 11 months from July 1998 to May 1999 for his role
in the newspaper Egin, now closed. The Egin case is still in progress. In
September 2001 Alegria was again arrested on charges of being a
member of the political wing of ETA. An appeal hearing, initially lodged
with the 2nd Chamber of the Spanish National Criminal Court on 29
December 2004 took place on 26 and 27 January 2006 but the Judge Juan
del Olmo confirmed the decision to continue the case. Hearings
commenced on 6 February and on 9 February Miren Akkrate, speaker of
the Basque Government, asked the high court to end the trial against
Egunakaria “on the basis of accusations without proof”. On 13 February
2006 , the 2nd Chamber gave permission for the trials of Alegria and six
other Egunkaria detainees to commence. Despite the appeals of defence
lawyers, charges have been confirmed and the Criminal Chamber’s 30
page writ, published on 22 February, stated that there is “clear evidence
of crime”. Honorary Member: English PEN
Fr. Txema AUZMENDI: age 55. Jesuit priest and deputy director of
54 Radio Popular, San Sebastian. Linked to the Euskaldunon Egunkaria, a
Basque language newspaper. Arrested 20 February 2003 under antiterrorism
laws and held in “unconditional detention”. Freed on bail a few
weeks after his arrest. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
(See above) Torture allegations: Auzmendi claims to have been
tortured at the hands of the Civil Guard during his interrogation. An
appeal hearing, initially lodged with the 2nd Chamber of the Spanish
National Criminal Court on 29 December 2004 2004 took place on 26
and 27 January 2006 but the Judge Juan del Olmo confirmed the decision
to continue the case. Hearings commenced on 6 February and on 9
February Miren Akkrate, speaker of the Basque Government, asked the
high court to end the trial against Egunakaria “on the basis of accusations
without proof”. On 13 February 2006, the 2nd Chamber gave
permission for the trials of Auzmendi and six other Egunkaria detainees
to commence. Despite the appeals of defence lawyers, charges have been
confirmed and the Criminal Chamber’s 30 page writ, published on 22
February, stated that there is “clear evidence of crime”. Honorary
Member: English PEN
Martxelo OTAMENDI: director of Euskaldunon Egunkaria, a Basque
language newspaper,now banned. Arrested 20 February 2003 under antiterrorism
laws and held in “unconditional detention”. Euskaldunon
Egunkaria accused of being financed and directed by ETA, and used by
the organisation for money laundering. There is widespread condemnation
of the charges as being without foundation. Formerly a teacher and
principal at a Basque language school. Editor of Egunkaria since 1993.
(See above) Also served four years as a presenter, director and screenwriter
for Basque public television – ETB. Torture allegations:
Otamendi claims to have been tortured at the hands of the Civil Guard
during his interrogation. An appeal hearing, initially lodged with the 2nd
Chamber of the Spanish National Criminal Court on 29 December 2004
is took place on 26 and 27 January 2006 but the Judge Juan del Olmo
confirmed the decision to continue the case. Hearings commenced on 6
February and on 9 February Miren Akkrate, speaker of the Basque
Government, asked the high court to end the trial against Egunakaria “on
the basis of accusations without proof”. On 13 February 2006, the 2nd
Chamber gave permission for the trials of Otamendi and six other
Egunkaria detainees to commence. Despite the appeals of defence
lawyers, charges have been confirmed and the Criminal Chamber’s 30
page writ, published on 22 February, stated that there is “clear evidence
of crime”. Honorary Member: English PEN
Juan Mari TORREALDAI: Writer and President of the Administrative
Council of Euskaldunon Egunkaria, as well as President of its Editorial
Board. Egunkaria is a Basque language newspaper, now banned.
Arrested 20 February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Torture allegations: Torrealdai claims to have been tortured at
the hands of the Civil Guard during his interrogation. Author of
numerous books on Basque Culture and Literature, and three books on
censorship under General Franco,including in 1998 El Libro Negro del
Euskara (The Basque Language’s Black Book). . Editor of Jakin a
ournalty on contemporary thought and philosophy. In 1977 published
Euskal Idazleak Gaur (Basque Writers Today) followed in 1997 by
Euskal Kultura Ortain (Basque Culture Today) (See above). An appeal
hearing, initially lodged with the 2nd Chamber of the Spanish National
Criminal Court on 29 December 2004 took place on 26 and 27 January
2006 but the Judge Juan del Olmo confirmed the decision to continue the
case. Hearings commenced on 6 February and on 9 February Miren
Akkrate, speaker of the Basque Government, asked the high court to end
the trial against Egunakaria “on the basis of accusations without proof”.
On 13 February 2006 the 2nd Chamber gave permission for the trials of
Torrealdai and six other Egunkaria detainees to commence. Despite the
appeals of defence lawyers, charges have been confirmed and the
Criminal Chamber’s 30 page writ, published on 22 February, stated that
there is “clear evidence of crime”. Honorary Member: English PEN
Pello ZUBIRIA: Age 45. Director of Euskaldunon Egunkaria, a Basque
language newspaper (now banned) from its foundation in December
1990 until his contract expired in mid-1992. He also during this period
held the post of Director of the magazine Argia. Was on sick leave when
arrested. Suffers a serious illness of the spine, ankylosing spondylitis.
Arrested 20 February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed
and directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Shortly before his arrest he had resigned from Argia due to illhealth.
Health deteriorated sharply following arrest and transferred a
Madrid hospital. Reportedly attempted suicide in detention. (See above)
During the early stages of his imprisonment under the Civil Guard there
were periods when his whereabouts were unknown, adding to already
severe concerns about his welfare. An appeal hearing, initially lodged
with the 2nd Chamber of the Spanish National Criminal Court on 29
December took place on 26 and 27 January 2006 but the Judge Juan del
Olmo confirmed the decision to continue the case. Hearings commenced
on 6 February and on 9 February Miren Akkrate, speaker of the Basque
Government, asked the high court to end the trial against Egunakaria “on
the basis of accusations without proof”. On 13 February 2006, the 2nd
Chamber gave permission for the trials of Zubiria and six other
Egunkaria detainees to commence. Despite the appeals of defence
lawyers, charges have been confirmed and the Criminal Chamber’s 30
page writ, published on 22 February, stated that there is “clear evidence
of crime”. Honorary Member: English PEN
Iñaki URIA: Age 42. Leading member of the Administrative Council of
Euskaldunon Egunkaria, a Basque language newspaper. Arrested 20
February 2003 under anti-terrorism laws and held in “unconditional
detention”. Euskaldunon Egunkaria accused of being financed and
directed by ETA, and used by the organisation for money laundering.
There is widespread condemnation of the charges as being without foundation.
Trial was under way as of 20 July 2005. Torture allegations:
Uria claims to have been tortured at the hands of the Civil Guard during
his interrogation. Background: journalism career started in 1980 when
he worked for Susa literary magazine, and moved on to the magazine
Argia (The Light) magazine in 1982. Worked also as a Basque language
teacher and translator. In the late 80s joined with others to found
Egunkaria, a Basque language paper launched in December 1990, now
banned. He was Deputy Director of Egunkaria from its launch to mid
1992, when he took on the role of Director. In February 1993 and to his
current post on the newspaper’s Administrative Council. Uria is also an
author and playwright. Freed on bail in early August 2004. An appeal
hearing, initially lodged with the 2nd Chamber of the Spanish National
Criminal Court on 29 December took place on 26 and 27 January 2006
but the Judge Juan del Olmo confirmed the decision to continue the case.
Hearings commenced on 6 February and on 9 February Miren Akkrate,
speaker of the Basque Government, asked the high court to end the trial
against Egunakaria “on the basis of accusations without proof”. On 13 55
February 2006 the 2nd Chamber gave permission for the trials of Uria
and six other Egunkaria detainees to commence. Despite the appeals of
defence lawyers, charges have been confirmed and the Criminal
Chamber’s 30 page writ, published on 22 February, stated that there is
“clear evidence of crime”. Honorary Member: English PEN
Awaiting Trial
Jabier SALUTREGI, Teresa TODAR (F): former sub-editors of the
Basque newspaper Egin closed in 1998 by the order of a National Court
judge. Accused of printing coded messages to the Basque armed group
Euskadi Ta Askatasuna (ETA) and of “terrorism”. Sautregi and Todar are
accused, alongside 15 other administrators of the newspaper. The closure
order against the newspaper was lifted a year later, but the 17 defendants
are still awaiting trial and as of December 2005, seven years later, have
still not been given a trial date.
TAJIKISTAN
Investigation
*Mukhtor BOKIZODA: editor-in-chief of the weekly Nerui Sukihan
(Power of the Word) – now closed. Also chairman of the Foundation for
the Memory and Protection of Journalists, a press freedom organisation.
Sentenced 25 August 2005 to two years “corrective labour” and a fine.
He is accused of theft of electricity for the Foundation’s printing house.
He was sentenced to two years corrective labour, a fine of 1,500 Tajik
somoni (US$500) and to forfeit 20% of his salary. The Committee to
Protect Journalists report that supporters believe that the case has been
fabricated as a means of penalising him for his work for Nerui Sihan
which has been shut down four times since its founding in 2003 ostensibly
for fiscal reasons, most recently in early July 2005. The newspaper
had regularly reported on allegations of corruption. There is also a belief
that the newspaper was forced to close to stop it reporting on presidential
elections planned in 2006. On 27 November 2005 the Dunshanbe Court
upheld the 25 August ruling by the Firdavsi District Court against
Bokizoda following an appeal filed by the editor of Nerui Sukihan. PEN
is seeking an update to this case.
Brief Detention
*Zafar Murodov: reporter for the newspaper Kulyabskaya Pravda.
Detained by police while covering a demonstration by market vendors
outside local administrative offices in the town of Vosei in Southern
Tajikistan on 23 January 2006. He was reportedly questioned by police
colonel Abdufahhob Iskandarov, who seized his ID and ordered that the
journalist be taken to the nearest office of the Interior department where
he was held for about an hour, then released. Murodov claims to have
seen the police using violence against demonstrators and believes his
arrest was an attempt to prevent him from covering the demonstration.
TURKEY
Killed: investigation
*Ilyas AKTAS: Voluntary journalist for the left-wing newspaper
Devrimci Demokrasi. On 30 March 2006, Aktas, 24, was reportedly shot
in the head during protests in the predominantly Kurdish city of
Diyarbakir in Southeastern Turkey. He died two weeks later on 14 April
in an Ankara hospital. Media reports claim that at least 13 civilians were
killed during two weeks of protests sparked by the funerals of four
Kudish guerillas killed in clashes with Turkish forces. Devrimici
Demokrasi said that Aktas was covering the protests in a professional
capacity. International PEN is seeking further information.
Main case – free on bail
Leyla Zana (f):
Profession: politician, Kurdish rights activist and former journalist.
DoB: 1961 Imprisoned: 8 December 1994 Sentence: 15-years for pro-
Kurdish rights activism. Additional two years for an article written in
prison. Free pending re-trial. Trial Details: 1) At her inauguration as
an MP in 1991, Zana identified herself as a Kurd by wearing a headband
with the traditional Kurdish colours of yellow, green and red. These
actions, and many of her public statements and actions of solidarity with
the Kurds might well have led to charges being pressed against her, but
she was for a time protected by her parliamentary immunity. However, in
1994, after she and three other Kurdish MPS joined the newly formed
Democracy Party, which was banned by the authorities, her immunity
was lifted, and she and the other three were arrested. They were accused
of treason and promptly jailed. Originally charged with treason, the
charge was soon dropped, but she was instead charged with membership
of the illegal armed Kurdistan Workers’ Party (PKK). Prosecutors at her
trial relied on statements by witnesses who were themselves facing prosecution,
and who later retracted their statements, claiming that they had
been extracted under torture. Zana was found guilty and sentenced to a
15-year term. 2) Sentenced in 1998 to an additional 2 years for an article
published in prison. The article, which does not advocate violence or
racial hatred, was about Nevruz, a Kurdish holiday. Appeal Process:
Appeal process opened in late 2003 and several hearings held until 21
April 2004 when the sentences were confirmed. However, on 9 June
2004, all four defendants were freed on bail. The retrial opened in
December 2004 and there have been numerous hearings since. The retrial
hears have continued into 2006. Journalism and writing: worked in
the 1990s for the now defunct Yeni Ülke (New Country) at its Diyarbakir
office, and specialising in feminism, democracy and Kurdish issues.
During her time in prison, her writings have been collected and published
in English by Blue Crane Books, Massachusetts, USA, under the title
Writings from Prison. Other details: first Kurdish woman elected to the
Turkish parliament. In 1995, Zana won the Sakharov Prize for Freedom
of Thought. In July 2001 the European Court of Human Rights ruled that
her trial had been unfair. Amnesty International Prisoner of Conscience.
Honorary Member: PEN USA, San Miguel De Allende, Belgian
Flemish, Scottish, Writers in Exile and English PEN Centres.
Investigation cases
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 Hücrem (My Cell) 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 FType
Prisons. Berktas and Elif Çamyar, 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. Çamyar 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
56 serving a twelve and a half year sentence, to which the 45 month
sentence for the book was added. Place of detention: Gebze Prison.
Berktas is not due to be freed until early 2011.
*Rustu DEMIRKAYA: reporter based in Tunceli arrested on 14 June
2006 for “aiding and abetting an illegal organisation”. Arrested following
claims made by a former “repentant” member of the banned Kurdistan
Workers Party (PKK) who said that Demirkaya had visited PKK
members in Tunceli late 2005 and given them a laptop computer and
CDs. He is also accused of having warned the PKK of an impending
military operation against them, thus allowing them to avoid harm.
Colleagues question why he is detained pending trial. They add that at
the Demirkaya was studying in Izmir, far from Tunceli at the time the
alleged offence took place. He reportedly faces up to 12 years in prison.
Demirkaya has previously reportedly faced difficulties in practising his
profession. On 4 August 2005 he was among a number of persons put on
trial after covering the handing over of a kidnapped soldier by the PKK to
the Turkish authorities. All were accused of propaganda for the PKK.
The next hearing is set for 8 September 2006. For this he faces up to 4 H
years in prison. In May 2005, Demirkaya was briefly detained following
his report on allegations that a leading member of the Tunceli provincial
police had been involved in “swindling”.
Memik HORUZ: Editor-in-chief of Özgür Gelecek (Free Future) and
Isçi-Köylü (Workers & Peasants). Arrested in 6 June 2001 for membership
of 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.
Sentence confirmed on appeal on 23 January 2003. He is still detained in
Bolu prison. He was said to be eligible to apply in 2008 for an early
release under the provisions in the new Turkish Penal Code.
On Trial/Charged (not detained)
*Harun AKSOY, Nuri AKYON: editor in chief and owner respectively
of the daily Vakit. Trial opened on 13 June 2006 on charges of making
members of the Highest Court of Administration as targets of attacks by
illegal organisations, insulting the judiciary, judges and prosecutors. The
newspaper had published on 13 February 2006 a photograph of members
of the court who had signed a petition supporting the ban against headscarves
under the title “These are those members”. The article has apparently
been linked to the subsequent 17 May 2006 murder of a judge and
wounding of four others. The trial was adjourned to a later date.
Çetin AYDIN, Toygun ATILLA: journalists on trial in March 2005 for
publishing transcripts of telephone conversations allegedly linking state
institutions with the mafia. Accused under Article 4422 of the Penal
Code relating to the fight against organised crime. Apparently the article
had been published before a police investigation into the case had been
concluded. At the hearing on 15 December 2005 before the Istanbul
Heavy Penal Court, the case was referred to Bagcilar Court of First
Instance. The new hearing date yet to be fixed.
Huseyin AYGÜN: lawyer and publisher of the newspaper Munzur
Haber. 1) Trial opened on 29 March 2005 on charges of “insulting the
republic” and “praising an action deemed crime by law”. Said to be for
promoting the right to education in languages other than Turkish during
2002 Turkish new year celebrations when he is said to have chanted
slogans. Hearing scheduled to take place on 7 March 2006 at Tunceli
Penal Court of First Instance 2) charged with defamation on 30 March
2005 for claiming that a local police chief had issued death threats
against him. Claim made during a 13 February press conference when
Aygun stated that on 3 February he had requested a meeting with a regiment
commander who had made derogatory remarks about Aygun and
his profession. Charged for publishing these allegations are journalists
Irfan Uçar and Hasan Bayar, executive editor of Özgür Gündem and
managing editor respectively. Charged under article 424/4 of the Turkish
Criminal Code. Trial started on 13 May 2005 and adjourned to February
2006. PEN seeking update on both cases.
*Neval BARLAS, Enis TAYMAN: editor-in-chief and correspondent for
the weekly journal Tempo had a hearing before the Bagcilar Court of
First Instance on 8 June 2006 on charges of insult to Turkishness (Article
301), and provoking people to violate the law by means of the media
(Article 217 and 218 of the Penal Code) for an interview published in
their newspaper on 2 December 2005 entitled “I would have torn that
identity” with Ibrahim Guclu, former chairman of the Freedoms Party
and KURD-DER spokesman. In it Guclu refers to Turkey having occupied
“Northern Kurdistan” in the south east of Turkey and speaks of
destroying his Turkish identity card. The trial was launched in March
2006. The two men face up to six years in prison. The trial was adjourned
to 5 October 2006.
Hasan BAYAR: editor in chief of Özgür Gündem. 1) Case launched
against him in early 2004 and the owner of the newspaper Ali Gürbüz for
articles on the confessions of a PKK member. Indictment being sought
under articles 6 and 7 of the Anti Terror Law on the grounds that the
article revealed the names of certain officials working for the anti terror
security network. Trial opened on 4 May 2005 and adjourned to 12
October to allow for the enforcement of the new penal code. Before the
Istanbul Heavy Penal Court (See also Aygun above) 2) case launched
against him and Özgur Gündem correspondent Birgül Özbarıs (f) for the
publication of her several news articles between May and October 2005,
and they are tried under Article 318 (discouraging people from national
conscription service) and Article 6/2 of the Anti-Terror Law (propaganda
of an illegal organisation). All cases are consolidated and the next
hearing was listed for 10 May 2006. PEN is seeking an update.
Abdurrahman DILIPAK: editor-in-chief of Türkiye’de Cuma (Friday
in Turkey) (now closed). (1) On 15 June 2004, the trial against him
continued at the Military Court in Istanbul. Charges had been instigated
by three retired military officers for an article entitled “If the Generals do
not listen to advice” published on 29 August 2003, under Article 95/4 of
the Military Penal Code. Dilipak did not attend the hearing, stating that
the trial was in contravention of the European Convention on Human
Rights. On 12 July the military court concluded that it was not appropriate
for it to be trying the case and referred it to the Bakirköy Penal
Court. The case was subsequently returned to the Istanbul military court
and a series of hearings were held through 2005 and 2006. Hasdal
Military Court transferred the matter to Bakirkoy Penal Court on the
basis of non-jursidiction. (2) On 11 October 2005, hearing held at the
Bagcilar Penal Court of First Instance No 2 regarding an article “My
Land Is Different”, published in Akit on 27 April 2001. The hearing was
adjourned to 18 April 2006. Originally charged under Article 312 of the
old penal code, the case had been returned to the court of first instance
under article 216 of the new Penal Code (incitement to enmity). PEN
seeking details of current status. (3) On 1 March 2006 a case against
Dilipak, relating to his article ‘If the Generals do not listen to advice’,
published on 29 August 2003, closed with the decision of the Istanbul
Military Court not to take responsibility for prosecuting the Editor. (4)
On 12 April 2006 the Bagiclar Penal Court launched a case against
Dilipak in relation to his article “Sezer Kina Yaksin” (Sezer Gloats),
published in the daily Vakit on 9 November 2003. The public prosecutor
is seeking to sentence the defendant for “insulting the President”. 57
Hearing of this case on 15 June 2006 adjourned to 12 October 2006. (5)
A 15 June 2006 hearing of another case against Dilipak for an article
published 10 July 2005 entitled “Seza hasta mi” (Sezer is ill”) also postponed
to 12 October 2006.
*Omer DILSOZ (DEMIR): poet. On trial under Article 7/2 of the Anti
Terror Law for having read his poem at the Hakkari City Stadium on 3
September 2003 entitled “All our Hearts are Missing Öcalan” (Öcalan is
the detained leader of the banned Kurdish Workers Party (PKK)). The
poem, in Kurdish, was read to around 3,00 people. The indictment reads
that the poems were propganda for the PKK. Next hearing due on 27
July 2006.
Hrant DINK, Serkis SEROPYAN, Aydin ENGIN: editors for the
Armenian language Agos magazine and author. Charged on 23 December
2005 under Article 288 of the Penal Code (attempt to influence the
Judiciary) for an article commenting on the 7 October 2005 trial of
Hrant Dink (for details see below). Dink is accused for an article entitled
“Is Democracy to be established with this penal code?” and Engin
for his article “One should touch the justice system”. A hearing before
the Sisli Penal Court on 16 May 2006 was disrupted by lawyers who
heckled journalists and other observers. Some reportedly spat on the
defendants. Spectators inside the courtroom shouted and threw coins at
the defendant’s lawyers after the prosecuting lawyers called for the withdrawal
of the judge. Journalists and lawyers were prevented from leaving
the court room and required police protection on leaving, describing the
events as being an attempted lynching. on leaving the court room. The
next hearing was set for 4 July.
Hrant DINK: editor of the Armenian language Agos magazine. 1) Trial
opened at a court in _anlõurfa on 28 April 2005 on charges of insult
regarding remarks he made at a conference in December 2002 entitled
.Global Security, Terror and Human Rights, Multi-culturalism,
Minorities and Human Rights.. He faced up to three years in prison. The
charges related to comments he made about his childhood when he had
objected to having to recite a patriotic verse that required him to identify
himself as a Turk, rather than an Armenian. He also criticised a line in
the Turkish national anthem that he considered to be discriminatory.
Both Dink and his co-defendant _ehmus Ülek were acquitted at the final
hearing on 9 February 2006. 2) Tried alongside editor in chief of Agos
Karin Karakasli (f) under article 301 of the Penal Code on charges of
.insulting Turkish identity. in a series of articles publilshed in 2004 entitled
.The Armenian Identity.. Hearings opened on 27 July 2005, and at
the final hearing on 7 October 2005, Karakasli was exempted from the
trial and Dink was sentenced to six months in prison. Considering the
lack of past criminal record, the sentence was suspended for five years on
condition that he does not commit another similar offence. If he does, he
will be obliged to serve the 6 months sentence as well as any penalty for
the new offence. The suspended sentence was upheld on appeal on 12
July 2006. Dink is taking the case to the European Court on Human
Rights. The decision led to hundreds of people signing a petition in his
defence. 3) Reported in July 2006 that the Public Prosecutor.s Office was
considering levying charges against Dink for .insulting Turkish identity.
in an interview he gave to the Reuters newsagency on 14 July in which
he referred to the Armenian genocide. He is said to have told interviewers
Daren Butler and Osman Senkul that he had no doubt that an
Armenian genocide had taken place, that he would not remain silent on
this issue, and had no plans to leave Turkey. Honorary Member:
English, Belgian (Fl) and Norwegian PEN
Aynur DOGAN (f) and other Kurdish singers: Dogan’s music
producers, Kalan Music, released an album of her Kurdish songs,
Keçe Kurdan (Kurdish Girls), in 2005. On 25 November 2005 the
Diyarbakir Criminal Court of First Instance No. 6 ordered for the confiscation
of her album and launched a legal investigation against her under
Article 312 (inciting hatred on the basis of race, religion, sect or social
class differences). It is alleged that some of her songs in her album
encourage Kurdish girls to take to the mountains for armed struggle. The
same court also ordered for the confiscation of Dogan’s another album
and reportedly twelve albums of Kurdish songs by Kurdish singers
Sehmuz Kaya, Diyar, Kawa, Heme Haci and Kurdish bands Koma Gula
Werzan, Pismam-1, Koma Çektar, Koma Azadi, Gula Serhedi, Koma
Çiya, and Koma Rojhilat, on the basis that they “made propaganda for an
illegal organisation”. PEN is seeking further information.
Birol DURU: journalist for the Dicle News Agency. Arrested on 10
August 2005 and charged the following day with “aiding an illegal organisation”.
Duru is said to have gone to the village of Dibarbey in the Bingöl
district to get information on allegations that a local police commander
was cultivating cannabis. However police say that a videotape was found
in Duru’s bag containing PKK propaganda. Duru claims that the tape was
erased and replaced with the propaganda by police and that he is victim of
a conspiracy to “frame” him for having complained in the past that the
police chief had threatened him. Others arrested with Duru and subsequently
freed claimed to have been threatened by the police chief. His
request to be freed pending trial was initially rejected and he was detained
in Diyarbakir prison for over four months, until he was released on bail on
29 December 2005. Trial continues and he is charged under Article 314
(aiding an illegal organisation). Next hearing date unknown.
Nese DÜZEL(f): journalist for the daily Radikal. Case launched against
her and former MP of the Democracy Party (DEP) Orhan Dogan (see
Leyla Zana above) on 14 November 2005 under Article 7 of the Law to
Fight Terrorism. Accused of “making propaganda in favour of an illegal
organisation” in an article published 15 August 2005. Trial was planned
to commence on 07 February 2006. However, due to lack of time as there
were 10 separate cases of journalists and publishers on trial in the same
court on the same day, Düzel and Dogan’s case was adjourned until 02
May 2006 when the prosecutor suggested that the case against Düzel had
not been opened within the time limit set between the offence committed
and charges made. The case was adjourned to 10 August 2006.
*Ilyas EMIR: Editor-in-chief of the journal Güney. On trial for publishing
an article written by Abdülkadir KONUK which allegedly “insults the
religion”. The hearing, which commenced on 9 March 2006, has been
adjourned.
Sevda ERGIN (f): journalist and editor in chief of Demokrasi ve
Sosyalizm Yolunda Fabrika (Factory on the Way to Democracy and
Socialism). Trial opened at the Istanbul State Security Court on 6 June
2004. Charged with “propaganda for an illegal organisation” under
article 7/2 of the Anti-Terror Law. Accused of issuing propaganda for
Kongra-Gel (Kurdish People’s Congress – the successor to the PKK) in
an article by Zeki Tombak entitled “The Recent Situation on the Kurdish
Question” published in April 2004. A 12 August hearing adjourned the
case to 25 November 2006. PEN is seeking an update.
*Yalçin ERGÜNDOGAN: journalist for the daily Birgün. Trial opened
before the Istanbul Beyoglu Penal Court of First Instance on 21 June
2006 under article 480/1 of the Penal Code for an article entitled
“Followers of Haydar Have Risen Against him”, published on 26 April
2005. The trial was launched following a complaint by Haydar Bas, chair
of the Independent Turkey Party. Court adjourned to 31 August 2006.
Mehmet Sevket EYGI, Selami ÇALISKAN: (1) on 15 March 2005, an
58 appeal court confirmed 18 months prison sentences served against these
two journalists for Milli Gazete. The sentences were passed in October
2004 for an article published in November 2000 entitled “Din
Düsmanligi Terörü – The Terror of the Enemies of Religion” under
article 312 of the Turkish Penal Code. Çalıskan was sentenced to a fine.
The appeal court reconstituted the 18 months sentence against him and
upheld that against Eygi. (2) On 11 May 2006, Eygi was sentenced to one
year in prison for an article published in March 2005 that was deemed to
have “incited enmity and hatred” on religious grounds. Entitled “No
Effort or Patriotism Left”. The judge ruled that the sentence could not be
suspended as he was not convinced that Eygi would not commit a similar
offence again. Eygi is free on appeal.
*Mehmet EYMAN: Administrator of the electronic journal katman.info.
Trial commenced against Eyman on 8 February 2006 in relation to an
article titled: ‘Deputy President of General Staff Basburg openly stated
that Turkey was capitulated in his speech at the meeting of Turkish-
American Council in Washington.’
*Gökhan GENÇAY, Ibrahim ÇESMECIOGLU: editor and editor-inchief
respectively of the Sunday magazine of Birgün newsapaper. Trial
opened before Istanbul Penal Court of First Instance on 21 June 2006 on
charges relating to an interview with a conscientious objector. Hearing
adjourned to 19 July 2006.
Kasım GÜMÜS: chief technician at Ankara Radio TRT and author of
The Toxic Kemalism in Accordance with the Laws of Revolution. Court
case launched against him for said book in early September 2005 even
though only three copies had been printed in February the same year. He
is likely to be charged with “insulting Atatürk. No update available.
Sebati KARAKURT, Hasan KILIÇ, Necdet TATLICAN: reporter and
editor-in-chiefs for the newspaper Hürriyet detained c. 19 October 2004
after Karakurt returned from interviewing Kurdish militants for an article
“Women’s Consciousness has Surpassed Kurdism in Kandil” on changes
within the life styles of Kurdish militants, suggesting an improvement of
relationships between the genders. Police reportedly demanded that
Karakurt hand over photographs of those he had interviewed, who
included one of the militant leaders of the PKK. The defendants are
being tried under Articles 6/2 of the Anti Terror Law. Hearings opened
before the Istanbul Heavy Penal Court on 5 May 2005 and several more
have been held. The trial was protested by the Turkish Press Council and
Turkish Journalist’s Association. At a hearing on 10 February 2006, the
prosecutor formally asked the court to exempt Kılıç and Tatlıcan from
the case but their exclusion was not ordered. At this hearing, Karakurt
made reference to previous similar research he had carried out in Algeria
in 1994 with PKK leaders. He had also written a report on the presence
of PKK militants in Romania that had been submitted to the Romanian
Prime Minister at the time by the then Turkish Prime Minister, Tansu
Ciller. He referred to a former woman guerrilla who had escaped from
PKK ranks who told him that his article on Kandil had helped her to
explain to others why she had fled. Far from advocating the PKK, his
articles were in fact a critique. He had also received an award from the
Journalists Association of Turkey for the same article. After hearing the
appeal, the Prosecutor re-iterated that all three defendants were guilty of
propaganda under Article 6/2 of the Anti-Terror Law. The court was
adjourned to 21 September 2006.
Ali Çelik KASIMOGULLARI, Mehmet ÇOLAK, Hikmet ERDEN:
owner of Özgür Gündem, editor-in-chief of same, and Diyarbakir correspondent
for the Dicle News Agency respectively. Went on trial on 28
January 2005 for articles published in of Özgür Gündem in March 2003
for an article entitled ‘The price of forgetfulness’ which is said to have
named persons involved in the “fight against terrorism”. Accused under
Article 6/1 of the Law on the Fight Against Terrorism. Trial believed to
be ongoing. Kasımogulları and Çolak are also on trial separately for
publishing Ragip Zarakolu’s article (see Zarakolu) and the next hearing
is scheduled for 1 June 2006 at Beyoglu Criminal Court of First Instance
No. 2. PEN seeking an update.
Ersen KORKMAZ: editor-in-chief of Demokrat Iskenderun) (1) Case
launched against him and Necmettin Salaz, Executive Member of the
Turkish Communist Party (TKP), following a TKP panel discussion
during which Salaz is said to have insulted the security forces. Korkmaz
is being tried in connection with his reporting on the discussion. Both are
charged under Article 159 of the Penal Code. First hearing held 11
March 2004, with the next scheduled for 12 July 2005. No further details
available. (2) Another case launched on 28 June 2005 for “insulting the
state” under Article 301 of the new penal code for an article entitled
“Turkey Towards May Day”. Hearings started on 22 July 2005. Next
hearing duel 7 July 2006. Previously on trial in late 2002 for reports of
alleged rape in detention of two women.
*Ertugrul KÜRKÇÜ: Editor of BIA-Net (Independent Communication
Network), the largest coalition of local and national independent press in
Turkey. A legal investigation was launched against him by the Public
Prosecutor of Bagcılar, in accordance with the Law to Protect the
Memory of Ataturk, for his article “Mustafa Kemal: The Image and the
Truth” in national daily Radikal. Kürkçü will be questioned and give a
statement at the office of the Public Prosecutor on 24 February 2006.
*Perihan MAGDEN (f): Writer and columnist for Aktuel magazine.
Magden went on trial on 7 June 2006 before the Sultanahamet Court in
Istanbul on charges relating to an article, “Conscientious Objection is a
Human Right”, which was published in January in Aktuel magazine, in
defence of Mehmet Tarhan, an imprisoned conscientious objector who
refused to complete compulsory military service. A notoriously nationalistic
judge opened the case and responded to military demands for the
harshest possible sentence under Article 318 of the Penal Code against
Magden by recommending a minimum of three years imprisonment. The
indictment against Magden includes the statement that “taking into
consideration the geographical conditions of our country, it is evident
how important compulsory military service is.” The first hearing saw
aggressive right wing protestors outside the trial, that was attended by
observers from International PEN. The protestors threw insults at
Perihan and her supporters, and had to be restrained by police. They
needed police escort to ensure their safe exit from the court room.
Perihan is a well known journalist and author whose books have been
translated and published abroad (one, Two Girls, adapted into a
successful film). She is known for her outspoken articles and for being
unafraid of being openly critical of public figures in both the political and
cultural worlds. The trial was postponed to 27 July 2006.
Ahmet ÖNAL: owner of the Peri Publishing House. 1) On trial in June
2001 for publishing a collection of interviews with people in exile
compiled by human rights activist Ms Evin Aydar Çiçek entitled
Tutkular ve Tutsaklar (The Passions and the Prisoners). Seen as “insult
to Ataturk”. Sentenced to 15 months in prison in December 2003.
Around 1 June 2006, he was found guilty by the Beyoglu appeals court
in Istanbul and sentenced to 13 months in prison. At his original trial,
Önal had been sentenced to one year in prison. However the appeal court
increased this by six months for committing the offence in print, and
then reduced it to 13 months, refusing to defer imprisonment citing that
the court did not believe that he would not commit such an offence
again. 2) On trial in August 2002 for book by M. Erol Coskun, Acinin
Dili Kadin (Women: Voice of the Pain) under article 312 of the Penal 59
Code. Önal heavily fined and Coskun sentenced to 15 months in prison
in August 2003. They appealed against both convictions. Trial still
under way as of June 2006 3) On trial for book by Hejare Samil,
Diaspora Kürtleri (The Kurds in Diaspora) under article 220/8
(“making propaganda for an illegal organisation”). The case, which
reconvened on 24 March 2006, at the Istanbul Criminal Court No.11,
reportedly decided not to prosecute on the grounds that they considered
that Önal should instead be prosecuted according to Article 7 of the Law
to Fight on Terrorism (aiding and making propaganda of terrorist organisations)
The case remains open as of June 2006. 4) On trial together
with writer Hüseyin Beysülen, for Beysülen’s book, Dersim’de Alevilik
(Alewis in Dersim) and they are charged for “insulting the memory of
Ataturk”. Next hearing will be held on 9 June 2006 at the Fatih Penal
Court of First Instance. 5) Had been on trial for book by Mahmut Baksi
(deceased since), Teyre Baz ya da Bir Kürt Isadami: Hüseyin Baybasin
(Hüseyin Baybasin: Teyre Baz or a Kurdish Businessman) under article
158 (“insulting the President of the Republic”), and article 159
(“insulting the Republic and its security forces”). Received a fine and
appealed. The Supreme Court of Appeal overturned the local court’s
sentence and retrial started in 2005. The local court, Beyoglu Penal
Court of First Instance, has re-affirmed its original sentence of a heavy
fine at the final hearing on 7 February 2006. A total of 27 cases had been
launched against the books published by Peri Publishing House and
many of them are banned. By February 2006, there were 8 active court
cases against him.
Seyfi ÖNGIDER: writer. Court hearing opened on 8 December 2005 on
charges of “insulting Atatürk” for his book The Story of Two
Cities:Ankara-Istanbul Conflict. To be tried at the Kadiköy Penal Court
of First Instance on 28 February 2006. PEN is seeking an update.
Birgül ÖZBARIS (f): journalist for the pro-Kurdish Ulkede Özgür
Gündem. Has seven cases currently against her for discouraging military
service under Article 318/2 of the penal code. If convicted for all cases,
she could be sentenced to a total of 21 years in prison. The cases are: 1)
informed on 10 May 2006 of a proceedings against an article published
on 9 April 2006 entitled “Conscientious Objector Sayda: Don’t Do
Military Service”. 2) Article “Don’t Draw Guns Against Your Brothers”
published 24 April 2006 3 &4)) 15 May 2005 two articles “Neither military
service, nor war” and “If Turkey Played its Role” 5) “Anti War
Meeting” published 24 September 2005 6&7)Published 19 October
2005, “A Message to Europe from Objectors” and “Conscientious
Objectors Want Compulsory Military Service Discussed in the EU
Accession Talks”. Under article 318 acts inciting persons against military
service carry up to 2 years in prison, with up to an additional year if
committed through the press.
Aziz ÖZER: editor-in-chief of Yeni Dünya Için Çagri (Call for a New
World). Sentenced to six months in prison on 9 April 2004 by the
Beyoglu Penal Court of First Instance. The charges are in connection
with an article entitled “Don’t Be Silent, Claim the Demands of the
Prisoners”. In two further court cases, he was charged with “openly
insulting the Republic [of Turkey]” twice and “openly insulting the
Government” once in his two articles entitled “80 Years of Republic of
Turkey, 80 Years of Fascism” and “No to the Occupation Partnership in
Iraq”. At the final hearing of consolidated trial, on 22 December 2005, he
was sentenced to 18 months in prison which was converted into a fine.
He will appeal.
*Songül ÖZKAN (f): Publisher of Evrensel publishing house. She was
put on trial under Article 312 after she had published Kurdish journalist
and writer Ahmet Kahraman’s book Kürt Isyanlari (Kurdish Rebellions).
The next hearing is listed for 5 October 2006 at the Beyoglu Penal Court
of First Instance No. 2.
*Sirri ÖZTÜRK, Osman TIFTOKÇI: Owner of Sorun Publishing
House and writer respectively. On trial in connection with Tiftokçi’s
book Osmanli dan Günümüze Ordunun Evrimi (The Evolution of the
Army from the Ottomans to Today) under Article 301 of the new Penal
Code. The book is seen to be “publicly degrading to the army”. Legal
proceedings started in early March 2006 and first hearing set to be before
the Istanbul 2nd Court of First Instance on 20 June 2006, adjourned to 29
September 2006. Ozturk told the courts that Osman Tiftokçi is a former
army officer who served during the 12 March 1971 coup. His book refers
to his first hand experiences, was well researched and had been subject to
legal scrutiny before publication.
Murat PABUÇ: (1) on trial in November 2005 under Article 301 of the
Penal Code for his book Deserting Bench Guard Duty that suggests that
corruption in the army is systemic. He is accused of insulting the military.
Pabuç is a survivor of the August 1999 earthquake and suffers physical
and psychological disability as a result. Pabuç refers to his
experience as a military officer serving in the south east of Turkey as
being an inspiration behind his book. (2) Following a formal petition of
complaint, Pabuç and Ekim Orhan, editor of Sol (Left) magazine, are on
trial under Article 301/2, accused of insulting the army in Pabuç’s articles
“Changes in the role of Turkish Armed Forces in the society” and
“NATO people are securing the collaboration” in Sol magazine. Next
hearing for both cases above were to take place on 07 March 2006. PEN
is seeking an update.
*Ali RYZA VURAL: Editor of Doz Publishing House. Reportedly facing
up to three-years imprisonment in connection with charges of “insulting
the Republic through a publication”. The charges relate to the publication
of a two-volume book, Barzani and the Kurdish National Freedom
Movement by Mesut Barzani. The next hearing in the case will be held on
30 July 2006.
Tolga SARDAN, Gökçer TAHINCIOGLU: both journalists for
Milliyet. On 25 October 2005 the Istanbul Heavy Penal Court continued
to hear a case against them of connections with a leader of a criminal
gang under Article 285 of the Turkish Penal Code relating to revealing
secret information during an investigation. The prosecutor returned the
case to the court of first instance. At the hearing on 15 December 2005,
the case was referred to Bagcılar Court of First Instance. The new
hearing date yet to be fixed.
*Cemal SUBASI: journalist for the journal Tempo. Court case launched
against Subasi and mayor of Diyabakir Osman Baydemir in late June
2006 for an interview published on 14 January 2006. Charged under
article 216/2 of the Penal Code (incitement to hatred and enmity) and
Article 218 that allows for increase of the penalty by 50% for publication
of the offensive article in the press. The article questioned the incarceration
of PKK leader Abdullah Ocalan, and suggests that his imprisonment
in isolation will serve to promote violence. Trial to be held in Bagcilar
Penal Court of First Instance.
Mehmet SUCU, Alper TURGUT: editor-in-chief and reporter respectively
for Cumhuriyet. On 20 October 2005 hearing held before the
Istanbul Second Civil Court for their report “Acquittal for Torture”. The
newspaper publisher, Ilhan Selçuk, is to testify as well. They are
charged under Article 19/2 of the Press Law for “influence of public
opinion” and for criticising a court decision, and not paying a fine for
60,000 Turkish lira. The report questioned the acquittal in September
2004 on grounds of “lack of evidence” of three police officers who had
60 been accused of the torture of several publishers and editors arrested in
1998 for involvement in an “illegal organisation”. (See entry below on
Sucu) PEN seeking update.
Fatih TAS: publisher, Aram Publishing House. (1) Trial opened on 17
November 2005 for publishing a Turkish translation of US academic
John Tirman’s Spoils of War: the Human Cost of America’s Arms Trade.
The book, that claims that US weapons were used to carry out human
rights abuses against Kurds and is highly critical of the Turkish military,
nationalism and Ataturk. He is being tried under Article 301 of the Penal
Code for insult to the army, the Turkish state, “Turkishness”, and, under
Article 1/1 and 2 of Law 5816, to the memory of Kemal Ataturk. Article
301 carries penalties of up to 2 years. Law 5816 carries sentences of up
to 3 years, which can be increased by one half if the “insult” is in print.
Hearing held on 8 February 2006 was adjourned to 18 April 2006. PEN
is seeking an update. (2) Charged under Article 301 and sentenced in
absentia to 6 months imprisonment on 20 October 2005 by Istanbul
Penal Court of First Instance No. 2, for the book Kayipsin Diyorlar
(They Say That You are Missing). The book was about journalist Nazım
Babaoglu, who was reported to have been abducted on 12 March 1994
whilst on duty in Mardin province and he is still missing. The formal
notification of conviction was delivered to Fatih Tas on 5 December
2005. Appeal against conviction in progress.
Ferhat TUNÇ, Mehmet ÇOLAK: singer and editor-in-chief of Özgür
Gündem respectively. Trial started on 2 December 2004 at the Beyoglu
Criminal Court on charges under article 159 of the Penal Code for
insulting the judiciary in an article Tunç wrote for the daily Gündem on
19 January 2004 entitled “A Revolutionary Leyla and a Song”. They face
1-3 years in prison if convicted. There have been a number of hearings in
2005 and 2006. Tunç also reports receiving death threats following a case
opened against him for participating in a human rights commission to
rescue Private Copkun Kirandi who had been rescued by the PKK.
*Ferhat TUNÇ, Pinar SELEK(f), Hasip KAPLAN, Hüsnü ÖNDÜL,
Ragip ZARAKOLU, Irfan UÇAR, Umur HOZATLI, Ayse
GÜNEYSU (f), Veysi SARISOZEN, Mustafa YALÇMER and six
others: Singer and writer, sociologist, human rights lawyer, lawyer and
former chair of Human Rights Association (IHD), publisher and writer,
editor of Özgür Gündem newspaper, two reporters, two columnists and
six further correspondents. All of them have their articles or reports
published in Özgür Gündem. A legal investigation was launched against
them by Public Prosecutor of Beyoglu district, reportedly following the
orders from the Justice Ministry. The writers and journalists above were
summoned to the Office of the Prosecutor and they were questioned and
their written statements were taken on 10 February 2006. They were not
told by the prosecutor as to whether there would be specific charges
against them and, by late February 2006, no case was brought against
them (see Tunç, Zarakolu and Uçar also elsewhere in the list).
Mehmet Ali VARIS: publisher/owner of Tohum Publishing House.
Indicted in August 2003 for the book by A. Dursun Yildiz “Özgürlesmeye
Pedagojik Bakis” (A Pedagogical Approach to Liberation).
Under Article 312 of the Turkish Penal Code. He is still on trial along
with two new cases under Article 312 for publishing the books “Anatolia
from Multiculturalism to Monoculturalism” and “Koçgiri” and one new
case under The Law to Protect Ataturk for publishing the book
“Kemalism: The Sitting Man”. The cases are reportedly consolidated and
a hearing set for 27 March 2006 at Beyoglu Penal Court of First Instance
No. 2. PEN is seeking an update.
Ibrahim YILDIZ, Mehmet UCU, Ilhan TASÇI: first two are editor in
chiefs of the daily Cumhuriyet, latter is a correspondent. On trial alongside
the newspaper owner Ilhan Selçuk for an article entitled “Kiziltepe:
A Ball of Contradictions” on the murder of a man and his young son,
which the newspaper claimed was in fact an “extra judicial execution”.
The article was published on 1 January 2005 and the newspaper was
fined. When the fine was not paid, trial proceedings before the Istanbul
Court of First Instance were initiated in July 2005 and adjourned to 31
March 2006. The indictment suggests that the defendants be tried under
Article 19/2 of the Press Law (Law no 5187). See Mehmet Sucu above.
PEN is seeking an update.
Murat YETKIN: Columnist for national daily Radikal. He was put on
trial for his article in Radikal on 18 September 2005 entitled “Turkey will
be on trial in the case against Orhan Pamuk” and he was charged with
attempting to influence the course of a fair trial (Article 288). A hearing
on 4 May 2006 at Bagcılar Penal Court of First Instance No.2 was
adjourned to 24 August 2006. If convicted, Yetkin could be detained for
up to 4.5 years.
Abdullah YILMAZ: An editor of Literatür Publishing House. He was
put on trial on 20 December 2005, under Article 301, and charged with
“insulting the Turkish identity, Turkish State and Turkish Armed Forces”
for publishing a book by Mara Meimaridi entitled Izmir Büyücüleri
(Magicians of Izmir), which contained stories of women engaged in
magic craft in Izmir at a time when Turks, Jews, Armenians, Greeks and
Levantines lived together as a multicultural and colourful community. At
a hearing held at Beyoglu Penal Court on 6 April 2006, the court
adjourned the case to 26 July 2006
Hamdullah YILMAZ: editor in chief of the Kurdish newspaper
Azadiya Welat. On trail for publishing a statement entitled “I accept
Abdullah Öcalan as my political representative” signed by the
“Democratic People’s Initiative” published in August 2005. Trial
concluded before the Diyabakir Heavy Penal Court on 21 June 2w006
when Yilmaz was sentenced to 2H years in prison for making propaganda
for an illegal organisation under article 220/8 of the Penal Code
and Article 5 of the Anti-Terror Law. Presumed free on appeal.
Ragip ZARAKOLU: publisher, Belge Publishing House. Zarakolu is a
recipient of the NOVIB/PEN Free Expression Award 2003. 1) On 3
December 2003, further charges were initiated under article 312 against
Zarakolu for an article published in Özgür Politika on 8 March 2003 entitled
Sana Ne (None of Your Business) that criticised Turkey’s policy
towards the Kurds in Iraq. Trial opened 26 May 2004.. Also accused
were Ali Çelik Kasimogullari and Mehmet Çolak, owner and editor in
chief of Özgür Gündem (since closed) respectively. At a final hearing on
10 September 2004, Kasimogullari was sentenced to a fine and Çolak to
a six month sentence reduced to a fine. Zarakolu’s case, however, was
considered separate due to recent changes to Article 312 and continues
with a series of hearings in 2005 and 2006. The next hearing will be on 1
June 2006 2) Legal proceedings were initiated in December 2004 against
Zarakolu for the publication of George Jerjian’s book History Will Set
us Free /Turkish-Armenian Conciliation under Article 301 of the Turkish
Penal Code (formerly Article 159 of the old Penal Code) for “insulting
the State and the memory of Kemal Ataturk”. The book is said to claim
that leading government figures close to Ataturk had been responsible for
the mass deportation of Armenians in 1915. First trial held before the
Light Crimes Court at Istanbul on 16 March 2005 and there have since
been numerous hearings, the next due on 5 October 2006. 3) On 1 August
2005, another case was opened, this time for the publication of Professor
Dora Sakayan’s An Armenian Doctor in Turkey: Garabed Hatcherian:
My Smyrna Ordeal of 1922 to be charged under Article 301 of the Penal
Code (formerly Article 159 of the old Penal Code). Case opened on 21
September 2005 and there have since been numerous hearings, with the 61
next due on 5 October 2006. Background: Zarakolu has been subject to
many years of harassment, trials and periods of imprisonment since the
1970s for publishing books on such issues including minority and human
rights. His publishing house was bombed by right wing extremists in
1995, forcing his publishing house underground for a couple of years.
Many of the hearings against Zarakolu have been observed by PEN
members. Honorary Member: American, English, Quebec, Kurdish,
Canadian, Netherlands and Swedish PEN
Attacked
*Arif BAYRAM TAS and Mustafa ALTINTAS: Representative of the
daily Zaman and correspondent of Cihan news agency respectively.
Reportedly beaten by Hasan Balaman, Mayor of Isparta, in his office on
9 February 2006. There were subsequent allegations from Balaman that
the two journalists the journalists had hit him. The incident was eventually
concluded without legal recourse.
*Aliye ÇETINKAYA (f): Correspondent with the daily Sabah.
Çetinkaya’s alleged attackers, Halil Yilmaz and Yakup Kaya, were
released on 13 February 2006 to be tried without remand after attacking
the journalist on 11 February.
*Cem EMIR: Correspondent with the daily Evrensel. Reportedly beaten
by the police whilst taking pictures of of a quarrel between police officers
and a group of juveniles on 16 January 2006 in Tunceli. Press reports
claim that the group of juveniles were gathered outside of the police
station Martyr Nahit Bulut, objected the detention of some persons when
a quarrel broke out between them. Emir was watching the incident and
was very badly beaten by officers. He has made an official complaint.
Sentenced: non-custodial
Erkan AKAY: editor of Yeni Dünya Için Çagri (Call for a New World).
Trial launched in Istanbul Court of First Instance on 10 November 2005
for an article ‘1915-2005 Forgetting or Denial?’ Case launched under
Article 301 of the Penal Code. At the final hearing on 14 December 2005
he was convicted on two accounts and sentenced to a total of one year
prison term but the sentence was suspended in consideration of his lack
of previous criminal record.
Sami CEBECI: An editorial board member and a columnist for daily
Yeni Asya. He was on trial for several years under Article 312 and was
accused of inciting religious hatred in his column on the massive earthquake
in Turkey in August 1999. Cebeci described the earthquake as a
“divine warning”. He was sentenced to a prison term of 1 year and 3
months at the final hearing on 09 December but the formal notification of
the sentence was delivered to him in mid February 2006. Presumed noncustodial
sentence.
Zülküf KISANAK: Writer, journalist. Legal proceedings initiated in
December 2004 against Kisanak and his publisher Ragıp Zarakolu for
the publication of his book, Lost Villages - How the Heritage of
Millennia was Burnt? The book reports on the destruction of Kurdish
villages. Charged under Article 159 of the Turkish Penal Code for insult
to the Turkish state for claiming that 3,500 Kurdish villages were forcefully
evacuated between 1990 and 1995 and that homes were burnt. Third
hearing held on 18 October 2005 discontinued the case against Zarakolu
but continued against Kisanak to proceed with the trial under Article 301
of the new Penal Code. The final hearing took place on 22 December
2005 at Istanbul Penal Court of First Instance No. 2 and he was initially
convicted of “insulting the State of Republic of Turkey” and was
sentenced to 6 months prison term but later reduced to 5 months prison
term. In its final consideration, the court convicted him of “insulting the
Government of Republic of Turkey” instead, and sentenced him to 6
months prison term but later reduced to 5 months prison term which was
later converted to a fine. His lawyer Özcan Kılıç states that they will
appeal against the conviction.
Sentenced: free pending appeal
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 (Leap), is specifically accused under
Article 168 of the Penal Code with connections with the Marxist-
Leninist Communist Party (MLKP). The indictment dated from 21 June
1994 accused her of running and distributing the MLKP 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 hearing. On 16 October 2002, Zeybek was
sentenced to 12H years in prison. By then she had left Turkey for Sweden
where she was a recipient of the Tchukolsky Award. A further appeal is
being made. Zeybek is an Honorary Member of: Swedish PEN, English
PEN, Netherlands, San Miguel Allende, Ghanaian, American, Swiss
Romande, and Canadian PEN.
Released/Acquitted
Cemal ANADOL: professor, aged 72. Case opened against him on 10
March 2005 at Istanbul Penal Court of First Instance No 2 for his book
Turkey in the Claws of Israel and Zionism. Accused under Article 312 for
inciting religious enmity. He was acquitted at the final hearing on 14
February 2006.
Ismet BERKAN, Erol KATIRCIOLGU, Murat BELGE, Haluk
SAHIN and Hasan CEMAL: all journalists working for mainstream
newspapers. Berkan is editor-in-chief of Radikal. Katirciolgu, Belge and
Sahin write for the same newspaper. Cemal writes for Milliyet. Cases
have been launched by the Public Prosecutor Bagcila Dsitrict, Istanbul
for their articles critical of a court decision to ban a conference on
Armenia that was to be held in November 2005. The conference was
eventually able to go ahead at a different university than that originally to
host the event. Cemal and Belge are indicted under Article 288 of the
Penal Code (attempting to influence the judiciary) and Article 301 (insult
to the state) for two articles each. Sahin and Katirciolgu are indicted once
each under Article 301, and Berkan under Article 288 only. Case
commenced on 7 February 2006 at the Bagcilar Penal Court of First
Instance no 2, postponed to 11 April when the charges against all the
defendants excluding Murat Belge had the cases against them dropped
when it was decided that it was in breach of the statute of limitations –
there had been too great a time lapse between the committing of the
offence and the charges made. However it was concluded that this did not
apply to Murat Belge and that his case should continue. His final hearing
was held on 8 June when the case relating to the article on the conference
was dropped on a technicality due to the fact that the case had not been
launched against him within the legal time frame. He was acquitted of
the second charge.
Cengiz DOGAN: editor-in-chief of the newspaper Mavi ve Kent
published in Mardin. Arrested on 13 September 2005 relating to charges
of publishing statements by the HPG organisation, said to be affiliated to
the Kurdish Workers’ Party (PKK). Sentenced to 18 months and twenty
two days imprisonment under the Article 220/8. He was released in
February 2006 under the Law on Execution of Sentences on the grounds
62 that he had been in prison since 13 September 2005.
*Baskin ORAN, Ibrahim KABOGLU: Prominent university professors.
Kaboglu is the immediate past chairman of the IHDK (Human Rights
Advisory Board) of the Prime Ministry and Oran is a board member.
Oran is also a published writer. They were on trial under article 301
(“insulting the State”) and article 216 (inciting racial hatred”) in their
October 2004 report on minorities, entitled “Minority Rights and
Cultural Rights Working Group Report”, in which they recommended
the use of the term “coming from Turkey” instead of “being a Turk” in
expressing one’s origins. They faced up to five years in prison if
convicted. The charges under article 301 were dropped at the hearing in
February 2006 and the trial was adjourned until 10 April 2006 and then
subsequently further adjourned until 10 May 2006 when the acquittal
was confirmed.
Orhan PAMUK: internationally renowned author. Stood trial on 16
December 2005 before the Sisli Court, Istanbul on charges under article
301/1 of the Penal Code for “insult” to the Turkish nation. The hearing
was adjourned until 7 February 2006, waiting for a “legal opinion and
approval of ‘decision to prosecute’ from the Ministry of Justice”. Pamuk,
his legal team, and his supporters, as well as international observers of
the trial, were harassed and physically attacked by a crowd of various
nationalist groups outside the court building. The charges against him
were dropped the following week when the court issued a “decision not
to prosecute” following the legal opinion by the Ministry of Justice. He
was facing up to 3 years in prison. Charges related to a statement he
made in the Swiss newspaper Tagesanzeiger published 6 February 2005
in which he stated that a million Armenians had been killed by Ottoman
forces in Turkey in 1915-17, and that “30,000” Kurds had died in the
conflict in the south east since the mid 1980s. In February-April 2005,
Pamuk was under threat from extremist groups who had objected to the
article. It was also reported that a local official in the southern town of
Isparta ordered the seizure and burning of all Pamuk’s works in Isparta’s
libraries, only to discover that none existed. The official was subsequently
reprimanded for his comments by the Isparta governor. Others
have since threatened to burn Pamuk’s book, a threat carried out in at
least one incident. Pamuk is the author of six novels and is translated into
20 languages. He is the recipient of numerous literary awards both in
Turkey and abroad. Books include My Name is Red, Snow and most
recently book on his home city, Istanbul.
*Pinar SELEK(f): writer and academic. First arrested in July 1998 on
suspicion of involvement in an explosion at the Egyptian Bazaar in
Istanbul a few days earlier and in which 7 people died and over 100
injured. Held until December 2000 when she and her co-defendants were
freed after an investigation by a team of experts concluded that the explosion
was not a bomb, but was caused by the accidental ignition of a gas
canister on a food stall. Selek claims that she was subjected to severe
torture while under investigation, including electric shocks and beatings.
Concern was raised about trial irregularities including forced coercion of
witnesses. Despite the investigation findings, the case against Selek and
several co-defendants continued when, in December 2005 a new trial was
opened to hear charges that they were linked to the PKK and references
made to the Egyptian Bazaar Explosion. Selek has written a number of
books on socio-political issues, one of which came under scrutiny during
her first imprisonment. It contained interviews with members of the
PKK. The book, a study on militarism and peace, was published in 2004
entitled Barisamadik. Other works include a book on the indigenous
rights movements in Mexico and a study on the Turkish media. She is
also an activist working with the marginalised street children, transvestite
and sex worker communities. Supporters believe that the charges against
Selek were made in retaliation for her writings and activities. She was
unable to leave the country while the trial is in process. The final hearing
was held on 8 June 2006 when she was acquitted of involvement in the
explosion and the case of association with an illegal organisation
dismissed. There are concerns that the prosecutors may appeal against
the decision.
Case closed
Ahmet AKSOY: editor in chief of Yeni Olusum (New Foundation) newspaper.
On trial in 2004 on two chargse of insult. Case closed due to lack
of further information.
Hasan Basri AYDIN: a retired teacher aged 75. Reported to have been
brought before the Istanbul Penal Court of First Instance on 30
November 2004 on charges of “insulting the state” (Article 159 of the
Penal Code). Charges relate to his book Letters to God 2. The court
convened to a later date to allow for more evidence. According to the
Human Rights Foundation of Turkey, Aydin had been sentenced to 40
months in prison in November 2002 for the same book. He had been
freed in May 2004 on medical grounds. Case closed due to lack of further
information.
Ugur BALIK, Evin KATURMAN(f), Kenan KIRKAYA, Meryem
YILMAZ(f), Beyhan SEKMAN(f), Barıs GÜLLÜ: Chair of the
Executive Board of the Dicle Newsagency, DIHA editor, journalists, and
(Güllü) owner of Özgür Halk respectively. Arrested on 8 June 2004
during demonstrations against the NATO Summit in Istanbul. All
charged for connections with or aiding an “illegal organisation”. Case
closed due to lack of further information.
Enis BATUR: author. Trial against his book Elma (Apple) reopened c.
10 December 2004. Charged with “obscenity”. The book had already
been brought to trial in 2002 resulting in acquittal. Case closed due to
lack of information.
Burak BEKDIL: editorial writer for the English-language Turkish Daily
News. On 16 November 2005, the Turkish Court of Appeals upheld a
suspended sentence of one year and eight months served against him for
an article published in 2001. The article, written as a humour satire, criticised
the Turkish judiciary. His quote “an ordinary Turk would probably
have a one-in-a-million chance for a fair trial if he is foolish enough to
trust the Turkish courts and judges” was among the quotes that led to him
being convicted of insult to the judiciary. Bekdil faces prison if convicted
of another crime if before July 2007. He plans to appeal to the European
Court on Human Rights. Case closed.
Sadik DASDÖGEN, Abdurrezzak GÜNGÖR: owner of the Berdan
printing Company and editor of the Çetin Publishing and Distribution
Company respectively. Case launched on 17 April 2005 in Istanbul for a
book entitled Remembering Abdullah Öcalan on charges of “making
propaganda for an illegal organisation”. Case closed due to lack of information.
Mehmet KUTLULAR, Nurettin SIRIN: owner of the daily Yeni Asya
and writer for the daily Selam respectively. Reported on 2 November
2004 that both are to appeal sentences under article 312 of the Turkish
Penal Code of two years in prison for Kutlular and 18 months for Sirin.
Kutlular was convicted for an article interpreting the August 1999 earthquake
as “Divine Justice” and Sirin for an article seen to compare
Kemalists with Satanists titled “Satanism or Kemalism?”. Both seen as
articles deemed to be incitement to hatred. Sirin was freed from a 17H
year prison term in November 2004 for his alleged links to Hizbollah.
Following the changes in the Turkish Penal Code, Kutlular was also
released in 2005 after serving 276 days in prison. Case closed. 63
Erol ÖZKORAY, Nur DOLAY (f): Owner and former editor-in-chief of
the magazine Idea Politika and journalist respectively. On trial in
November 2002 at the Istanbul State Security Court for an article entitled
“Kurdish Wound”. Both are resident in France. By 30 December 2003,
Özkoray was still facing 4 further trials with prosecution calling for up to
30 years of imprisonment. On 16 March 2005, Erol Özkoray was
sentenced to a fine of YTL1,000 for articles posted on his on-line journal
Idea Politika in November 2001 entitled “What Use is the Army?” and
“New barbarians and Taliban in epaulettes”.
Sami TAN, Serdar ALTAN, and Birol DURU: editor in chief of the
Dicle News Agency and two correspondents. Court case launched in late
June 2005 for an article published in September 2004 that alleged that a
forest fire had been started by incendiary bombs used by soldiers. They
were charged for reporting on a crime that had not occurred. Also on
trial with them is Ridvan Kizgin, chairman of the Bingöl branch
of the Human Rights Association. Case closed due to lack of further
information.
Mehmet YÜCEDAG, Medine TUNÇ(f), Sadik SÜRER, Fahri
KILINÇ, Sevinç TUNCELI(f), Ibrahim AÇIKYER: all journalists
detained at the Özgür Gündem offices in Izmir and held briefly on 21
January 2005. Trial had opened at the Izmir Heavy Penal Court and on 3
February 2005 the court was adjourned to a later date. All aaccused of
“making propaganda for an illegal organisation”. Case closed due to lack
of information.
TURKMENISTAN
Investigation
*Khudaiberdy KURBANDURDYYEV: editor-in-chief of the newspaper
Adalat. Sentenced to eight years in prison according to news reports of
the 10 January 2006. The ruling was a surprise to Kurbandurdyyev’s
colleagues as he had always been regarded as loyal to both the regime
and President Saparmurat Niyazov. The official charges allege that
Kurbandurdyyev illegally issued editorial documents to two people, who
were not members of the Adalat staff and were later revealed to be associated
with people who are serving prison sentences for taking part in
assassination attempts against President Niyazov. PEN is seeking further
information.
Threat of arrest/Charges pending
Rakhim ESENOV: writer and journalist. D.o.b: c.1926. Arrested on 23
February 2004 and freed pending charges on 9 March 2004. Esenov was
arrested by members of the Ministry of National Security (MNB) on 23
February 2004 for interrogation. During questioning, Esenov suffered a
stroke and was taken to hospital where he remained under Security
Service guard. Two days later he was taken from hospital and transferred
to the MND investigation-interrogation unit. He was released condition
that he not leave the country. He was also warned against continuing to
report for Radio Free Europe/Radio Liberty. On 2 March 2004 Esenov
was charged under Article 177 parts 1 and 2 of the Turkmen Criminal
Code for “inciting social, national and religious hatred”. The charges
relate to Esenov’s book Ventsenosny Skitalets (The Crowned Wanderer),
banned in Turkmenistan for 10 years. Esenov had managed to get the
book published in Moscow in 2003 and had 800 copies delivered to his
home in the Turkmen capital Ashgabat. In January 2004, customs authorities
had removed the books, alleging they had been imported illegally.
The book, set in the Moghul Empire that was founded in the 16th Century,
centres on Bayram Khan, a poet, philosopher and army general who is
said to have saved Turkmenistan from falling apart. In 1997 President
Saparmurad Niyazov denounced the book as being “historically inaccurate”
and demanded that corrections be made, a demand that he refused to
meet. Other details: Also arrested was his son-in-law Igor Kaprielov
who was subsequently sentenced to a five year suspended prison term for
“smuggling”. Health Concerns: acute – Esenov had suffered a heart
attacks prior to his arrest. In February 2005 he applied for permission to
leave Turkmenistan for treatment in Russia, but this was refused. Current
situation: In April 2006, Esenov was allowed to leave Turkmenistan to
attend a ceremony in New York where he received the PEN American/
Barbara Goldsmith Freedom to Write Award. As of June 2006 he had
traveled to Prague, Czech Republic and plans to return to Turkmenistan.
Honorary Member: English, Canadian and German PEN
UKRAINE
Killed: investigation ongoing
Georgiy GONGADZE: 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, his decapitated and severely mutilated corpse was discovered close
to Kiev. For the next four years the case was central to political debate, as
evidence emerged that suggested that Gongazde had been murdered on
the orders of the then President Kuchma. These accusations were among
the issues that subsequently led to him standing down and the introduction
of a new government in late 2004. Investigation: On 27 February
2005, the newly elected government announced that Gongadze’s killers
had been arrested for questioning. Soon after a television station reported
that police informers had reported that Gongadze’s head had been found
in a lake outside Kiev and that two men had been arrested. On 4 March
2005 Kravchenko, a suspect in the murder, was found shot dead at his
home. He had been summonsed for questioning later that day. Official
reports state suicide, but others claim that Kravchenko was assassinated.
Just two days earlier, the authorities had admitted that two of the four
suspects had also been killed, and underlined its commitment to find and
punish those responsible. On 10 March 2005, former president Leonid
Kuchma was interrogated about his alleged role in the affair. In early
April 2005 it was reported that two former police officers had admitted to
the murder and were in custody. An arrest warrant has been issued
against a third man – General Aleksandr Pukach, former head of the
criminal investigation department of the Ministry of the Interior.
Investigations also continue into higher ranking officials who ordered the
killing. A claim against the Ukraine government made by Gongadze’s
family to the European Court on Human Rights made in September 2002
is still pending. The trial against the three policeman accused of
Gongadze’s murder, Valery Kostenko, Mykola Ptotassov and Olexander
Popovitch commenced on 9 January 2006. It was adjourned until the 23
January when the appelate panel barred both the press and the public
from attending. The panel also initially refused a request for senior officials,
including former President Kuchma and current parliamentary
speaker Volodymir Lytvyn, to be called as witnesses. This decision was
subsequently changed. On 1 February a request made by Gongadze’s
mother’s lawyer to make the trial open to the press was denied by the
Kyiv Court of Appeals. *The postponed cross-examination of Mykola
Protassov, one of the three policemen accused of the murder of
Gongadze was resumed in court on 26 June 2006. The judges argue that
64 his testimony was similar to Oleksandr Popovich’s, the alleged driver of
the vehicle that transported Gongadze. Meanwhile the public prosecutor
has approved to hand over Gongadze’s body to his mother for burial.
Killing: Investigation
*Vadim GUDIK: Journalist and businessman. Killed in the city of Belaya
Tserkov on 24 May 2006. He was reportedly shot and killed as he sat in
his car near a café. Gudik is known for his articles on Olexander
Lupeiko, a former prosecutor in the city, which were published on a
website called ‘Criminal Ukraine’. International PEN is seeking further
information.
Attacked
*Liliya BUDZHUROVA (F): Crimean-based journalist. During the early
hours of 1 March 2006 unknown individuals reportedly set fire to the
doors of a garage belonging to the journalist Liliya Budzhurova. She
claims that ‘they poured gasoline on the doors of the garage, hoping that
it would catch fire, the car would explode and our whole family would
blow up”. Budzhurova believes the attack is related to her work, in
particular the publication in the last edition of the newspaper Pervaya
Krymskaya of a list of candidates to the Crimean parliament who,
according to information posessed by the Interior Ministry, have had
problems with the law in the past.
*Volodymyr KATSMAN: Editor-in-Chief of the publishing house ‘Cn-
Stolichnyye Novosti’. Attacked in his apartment on 8 April 2006. His wife
found him lying in a pool of blood and called the police. Katsman was
hospitalised with head injuries and a broken arm. Katsman and his
colleagues believe that there is a connection between his work and the
assault upon him: “I definitely believe the attack was linked to may work”
Katsman claimed from his hospital bed. He had previously written about
electoral fraud in 26 March 2006 parliamentary elections and exposed antisemitic
books published and distributed by the country’s largest private
university -‘The Inter-regional Academy of Personnel Management’.
*Irina OVSY (F): Editor of Sotsialisticheskaya Kharkovshchina, weekly
newspaper of the ‘For Union’ political coalition. Reportedly attacked at
the entrance to her apartment building at 10 am on 10 March 2006. Her
two unidentified attackers pushed her against a wall and told her to stop
publishing the newspaper, and threatened to hurt the editor and her
family. Previous to the attack Ovsy had been receiving anonymous
threats and emails. Her colleagues at Sotsialisticheskaya Kharkovshchina
suspect that the attackers were hired by opponents of ‘For Union’. Police
have promised to investigate the incident.
*Sergei YANOVSKY: journalist for the Kiev Kievskiye Vedomosti.
Family home suffered an arson attack on 3 June 2006. Unknown person
poured gasoline through the letterbox ignited by fire-crackers. Yanovsky,
his wife and 11-year-old son were trapped inside and needed to be
rescued by the fire services. They suffered no injuries. Yanovsky is
known for his investigative reporting including allegations of corruption
among politicians and businessmen. He had reportedly received anonymous
telephone death threats prior to the attack. The Ukrainian authorities
have authorised an investigation into the incident.
*Margarita ZAKORA (F): editor-in-chief of the newspaper Dzerzhinets
was attacked on 18 June 2006. Three shots were fired at Zagora’s
window. According to an article published in Dzerzhinets regarding the
attack, the prosecutor’s office intends to open a criminal case on the basis
of hooliganism. There were traces from a car found in the place where
the shots were fired which suggests the shots were fired from a car.
Zagora believes the attack is related to her publications, in which she criticizes
high-ranking officials.
UZBEKISTAN
Main Case
Muhammad BEKZHON (BEKJANOV)
D.o.b: c. 1955 Profession: former journalist Date of arrest March 1999
Sentence 15 years, reduced to 12 years Expires March 2011
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: Kagan prison, a TB prison in Bukhara. 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. The UN Special Rapporteur on
Torture in his 2003 report referred to allegations of torture resulting in
Bekjanov’s leg being broken. It referred to Bekjanov contracting TB, for
which he received treatment. The Uzbek government had responded to
the Rapporteur informing him that the sentence had been reduced by a
fifth, and giving details of the TB treatment being given. It denied that
“moral or physical pressure” had been applied. Other Details: Brother
Rashid Bekzhon arrested alongside him. Wife resident in the USA.
Honorary Member: English PEN, American PEN, USA, Canadian.
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. 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 65
ill-treatment and neglect in Jaslyk camp where previously held.
Honorary Member: English, American, Canadian, Netherlands and
USA
Yusif RUZIMURADOV
Profession: leading opposition party member and editor-in-chief of Erk
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, 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:
Navoi. Health concerns: reports of torture lead to concern for well
being. Other details: wife resident in the USA. Honorary Member:
English PEN, American PEN, Canadian, USA
Investigation
Khayrullah (Hairulla) ERNAZAROV: journalist. Arrested 28 April
2003 by national security service (SNS) agents at his home in Tashkent.
Trial: Trial opened in Samarkand regional court on 18 June 2003.
Ernazarov is said to be accused of disseminating audio cassettes of
sermons by the Islamic preacher Abduvalli-kori, and thus promoting
wahhabism (a conservative Islamic sect), and being a member of the
Hizb-Ut-Tahrir party. His lawyer, provided by the Centre for Human
Rights Initiatives, was apparently denied access to the 18 June court
hearing. Human rights groups have expressed deep concern about the
arrest and reported torture of alleged Hisb-Ut-Tahrir members, and there
are fears for Ernazarov’s well-being. A fourth hearing was held on 18
July 2003 during which eight witnesses testified. All had been
condemned of “wahabi-ism” in 2000. Six declared that they did not
recognise Ernazarov. One apparently claimed in court that his statements
had been extracted under torture. Others have made similar claims.
During the hearing, Ernazarov apologised to the court and Uzbek
President. When asked why, Ernazarov is said to have replied that he
apologised only for practising Islam prayer. The trial hearing was barred
to journalists. Convicted to seven years in prison on 28 July 2003.
Background: Ernazarov graduated from the Tashkent Theatrical
Institute in 1997, and went on to work as a proof-reader for the newspaper
Khalq Suzi and worked for the newspaper Sport. He left journalism
in 2001 to care for his wife and two young daughters, age five and six,
both of whom are disabled. His wife is also disabled. Ernazarov had
reportedly stopped working as a journalist, and was at the time of his
arrest employed in a bazaar to earn money for the surgery needed by his
daughters. Place of detention: Zarafshan Prison, Navoi. Other: In July
2003 the UN Special Rapporteurs on Torture and Freedom of
Expression, and the Chair of the UN Working Group on Arbitrary
Detention sent an urgent appeal about the arrest and lack of access to
legal counsel The Special Rapporteurs on Torture and Freedom of
Expression sent subsequent appeals in August 2003 following the
conviction of Ernazarov following a trial that dismissed allegations that
he and his defendants had been tortured. The Government responded that
Ernazarov had been defended by a lawyer, and contested reports that his
wife had not been allowed access to him. PEN is seeking further
information.
Gayrat MEHLIBOEV: age 23. Journalism graduate. Arrested 24 July
2002 Chorsu Market, Tashkent, during an illegal demonstration. Accused
of supporting the banned Hizb ut-Tahar Islamist group. Charged under
Article 156 of the Criminal Code – inciting religious enmity, Article 159
– forming illegal religious organisations, Article 244 participation in
extremist groups. Sentenced 20 February 2003 to seven years in prison.
Accusation based on article published in 2001 on the ideology of Hizb
ut-Tahar and literature of the organisation found in his room. Mehliboev
claims that while he studied the organisation’s ideology which he used as
a source for his article, he was not involved in violent acts. He also
denied possession of the literature. He claims to have been tortured in
detention. Graduated in journalism in June 2002 from Tashkent
University. PEN is seeking further details.
Salavat UMRZAKOV: member of the opposition Erk party and journalist
for its newspaper. Reported by Erk Chairman Atanazar Aripov on
2 May 2005 that Umrzakov had been arrested some days earlier and that
although the reasons for the arrest were not known, it was thought it
could be linked to his writings. Umrzakov is said to have been imprisoned
with other Erk activists in March 1994, released three months later,
and subsequently subjected to surveillance. He had apparently signed a
statement claiming that he would no longer be involved in politics but
had nevertheless made it clear before his recent arrest that that he would
not stand by this undertaking. PEN is seeking further information.
On Trial
Khalida ANARBAEVA (F): director of the Internews Network. Trial
started on 18 July 2005 where she and Olga Narmuradova, accountant
for the Network, are accused of “conspiracy to engage in the production
of videos and the publication of informational materials without the
necessary licenses.” They face prison sentences of up to six months.
Internews is a US-based NGO that has been engaged in capacity building
of the independent media. Its representatives consider the charges to be
politically motivated and part of a wider crackdown on NGOs. Its Central
Asia Director Joshua Machleder believes that media organisations such
as his are particularly vulnerable. Trial proceedings were closed to the
media and during the trial, there were demands that the Internews office
be closed down. PEN is seeking further information on this case.
Attacked
*LAMBROSKINI Antoine: Journalist with Agence France Presse.
Reportedly attacked in Andizhan on 11 May 2006 as he was covering
events connected to the first anniversary of the suppression of the
Andizhan riots. Uzbekistan special services forced the French journalist
to leave the country after the attack.
Released
Sobirjon YAKUBOV
Dob: 1983 Profession: journalist for Hurriyat (Freedom). Arrested 11
April 2005 under Article 159 of the Uzbek Penal Code for “overthrowing
the constitutional order and membership of an illegal religious organisation”.
Colleagues believe that Yakubov was detained for his writings. He
is a devout Muslim who recently completed a hadj (pilgrimage) to
Mecca, and published several articles on his experiences entitled “A
66 journey to Dreamland”. The fact that Yakubov has spoken on the dangers
of Islamic fundamentalism leads to questions about the charges.
Colleagues instead believe that the arrest was linked to an article by
Yakubov published on the downfall of the Ukrainian President Leonid
Kuchma, where the murder of an internet journalist, Georgy Gongadze,
was referred to as being the “driving force” towards the implementation
of democracy in the country. Released on 3 April 2006 after a Tashkent
district court ruled that the charges against him had not been proven.
Honorary Member: English, Canadian and German PEN.
Middle East
EGYPT
Judicial concern
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-Jihad (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 biweekly
Al-Sha’b. Still detained as of 30 June 2006. Held in Rayoum Jail,
south-west of Cairo, and said to be suffering from kidney problems and
asthma.
Investigation
*Saher AL-GAD and Ibrahim SAHARI: Journalists with the newspapers
Al-Geel and Al-Alam Al-Youm respectively. Reportedly arrested on
27 April 2006 whilst covering demonstrations in Cairo in support of two
judges appearing before a disciplinary committee for alleging that the
parliamentary elections in November and December 2005 were fraudulent.
Over 100 government opponents and dissidents were detained in
connection with these protests, most have since been freed. The journalists
were charged with ‘disturbing public order’ and held under 15-day
detention orders which were extended on 12 May 2006 and 27 May
2006. WiPC checking whether still detained.
*Wael AL-IBRASHI, Hoda ABU BAKR, and Abdel Hakim HAMID:
Reporters for the independent weekly Sawt al-Umma, and editor-in-chief
of the Muslim Brotherhood-affiliated weekly Afaq Arabiya. Reportedly
charged with insulting and defaming Judge Mahmud Burham, who is in
charge of the electoral commission in Dakhaliya province. The charges
stem from articles published in December 2005 alleging that the parliamentary
elections of November and December 2005 were fraudulent and
calling for an investigation. The charges carry a maximum penalty of
three years in prison. The date for the trial is not known, WiPC seeking
further details.
*Nada AL-KASSAS, Alaa Abdel AZIZ AND Rasha AZAB: Reporter
for the weekly Al-Mawkif Al-Arabi, journalist for the newspaper Afaq
Arabiya, and online journalist respectively. Reportedly arrested on 11
May 2006 whilst covering demonstrations in Cairo in support of two
judges appearing before a disciplinary committee for alleging that the
parliamentary elections in November and December 2005 were fraudulent.
Their 15-day detention orders were reportedly extended on 27 May
2006. WiPC checking whether still detained.
Sentenced, free on bail
*Ibrahim ISSA and Sahar ZAKI: Editor and journalist respectively of
the opposition weekly Al-Dustur. Reportedly sentenced to one year in
prison on 26 June 2006 by a court in the village of Al-Warrack, near
Cairo, for ‘insulting the President’ and ‘spreading false or tendentious
rumours’ after they reported on a legal case against President Mubarek.
The charges were brought by the ‘ordinary people of al-Warrak’ who
were reportedly offended by an article published in Al-Dustur on 25
April 2005 reporting on a lawsuit brought by a man from Al-Warrak who
accused President Mubarak and his wife and son of unconstitutional
conduct and ‘wasting foreign aid’ during the privatisation of state-owned
companies. They remain free on bail pending appeal. Issa is also a
novelist, and his novel Maqtal Al-Rajul Al-Kabir (The Assassination of
the Big Man) was banned in 1999. He has been banned from publishing
as a journalist many times.
*Amira MALASH (f): Reporter for the independent weekly Al-Fagr.
Sentenced to one year in prison for defamation on 9 March 2006. She
was convicted of defaming Judge Attia Mohammad Awad in an article
she wrote in July 2005 alleging that he had taken bribes. She remains free
pending appeal.
*Abdel Nasser al-ZUHAIRI: Reporter for the independent daily Al
Masry al-Youm (The Egyptian Today). On 23 February 2006 a Cairo
criminal appeals court upheld his conviction and one-year prison
sentence for libelling a former housing minister in a report published in
2004. He remains free and the prison sentence will not be enforced. He
was instead ordered to pay $1,745 in damages to the Minister.
Attacked
*Abeer AL-ASKARY (f): Journalist for the independent weekly Al-
Dustour. Reportedly beaten by security forces on 11 May 2006 whilst
covering demonstrations in Cairo in support of two judges appearing
before a disciplinary committee for alleging that the parliamentary elections
in November and December 2005 were fraudulent. She was then
reportedly taken to a police station where she was held for three hours
and again assaulted and threatened.
Case closed
Ahmed Mahmoud ABDALLAH (aka Abu-Islam Ahmed
ABDALLAH): Editor of the news website Balady Net (www.baladynet.
net) and former editor of the now-closed opposition newspaper Al-
Shaab. Reportedly arrested on 5 December 2005 in Cairo by members of
the Amn-El-Dawla state security agency whilst at the Centre for Islamic
Enlightenment, of which he is the head. No reason was been given for his
arrest.
67
IRAN
Main Cases
Hossein GHAZIYAN
Profession: University lecturer and director of the Ayandeh Research
Group. Formerly worked for the now-banned newspaper Nowrooz. Date
of arrest: 31 October 2002. Sentence: Nine years imprisonment,
reduced to four and a half on appeal. Expires: 30 April 2007. Details of
arrest: Detained by judicial officials following a search of his Tehran
office. The Ayandeh Research Group has since been closed down
according to an order by the judiciary. Details of trial: Ghaziyan’s trial
began on 1 December 2002, and he was sentenced on 2 February 2003.
His appeal to the Supreme Court has been pending for three years. Place
of detention: Evin Prison, Tehran. Treatment in prison: Reportedly
held in solitary confinement.
*Ramin JAHANBEGLOO
Profession: Academic and writer. Date of arrest: 27 April 2006 Details
of arrest: Reportedly arrested at Tehran airport on 27 April 2006 as he
was about to leave for an international conference on Iran, and his house
was then searched. His detention was not officially confirmed until 3
May, although the reason for his detention remains unclear and no
charges have been made known. There are unconfirmed reports that he is
accused of espionage and of having links to monarchist and other opposition
groups. He has reportedly criticised the Iranian government in a
series of interviews for Canadian, Spanish and French newspapers in
recent weeks.He holds joint Iranian and Canadian citizenship, and the
Canadian government is believed to be making representations on his
behalf. [Accused by the Intelligence Minister on 3 July 2006 of ‘taking
part in a US-led velvet revolution in Iran. Reported on 23 July 2006 to be
charged with organising an extensive web-based network to collect classified
information.]. Place of detention: Evin prison. Treatment in
prison: Said to be held incommunicado and to be at risk of ill-treatment.
Health concerns: There are unconfirmed reports that he is being held in
the hospital wing. Professional details: Head of the Department of
Contemporary Studies at the privately-run Cultural Research Bureau in
Tehran. The author of over 20 books in Farsi, English and French on
philosophy and current affairs in Iran. Frequent contributer to international
newspapers and journals. His personal website can be viewed at
http://www.iranproject.info/topfram.htm Honorary member of: PEN
Canada
Grand Ayatollah Yasub al-Din RASTGARI
D.o.b.: 1927 Profession: Shi’a religious leader and scholar. Date of
arrest: 27 April 2004 Sentence: 4 years in prison Expires: 28 April
2008 Details of arrest: Grand Ayatollah Yasub al-Din Rastgari was
reportedly arrested in his home city of Qom on 27 April 2004 after the
publication of his book The Reality of Religious Unity. His two sons were
also arrested with him and the book’s publisher closed down. He is
accused of ‘insulting Islam’ and ‘causing schism’ in the book, which is
allegedly critical of the policies of some historic characters and ‘denigrates
the sanctity’ of some Wahhabi sect personalities. The book is said
to be a Shiite text attacking the Sunni sect of Islam, and is reportedly
addressing points raised in another published book. PEN first learned of
this case in June 2005, and exact details remain difficult to confirm.
Details of trial: It is thought that Grand Ayatollah Rastgari has been
secretly charged, convicted and sentenced to four years in prison by the
Special Court for the Clergy, which is known to violate internationally
recognised standards of fairness to which Iran is a state party. Health
concerns: Said to be in poor health, suffering from heart disease and
diabetes. Professional details: Grand Ayatollah Rastgari is said to be a
Muslim scholar who has written over 100 works. Place of detention: He
is thought to be held by the secret service in the city of Qom although his
exact whereabouts, charges against him or sentence have not been
confirmed. Previous political imprisonment/problems: He has reportedly
been previously detained on several occasions, most recently in
1996, when he was reportedly sentenced to three years in prison and a
period of internal exile for his activities against the regime. He was
reportedly critical of government interference of religious institutions in
Qom and of the functions of the Special Court for the Clergy. Said to
have been tortured in detention.
Mojtaba SAMI’INEJAD
D.o.b: 1980 Profession: Student and writer of short stories. Date of
arrest: 1 November 2004 Sentence: 2 years in prison. Expires: 31
October 2006 Details of arrest: Initially detained on 1 November 2004
for reporting on the detention of three individuals who had been arrested
for their online activities in his weblog Man-Namanam.Blogspot.Com.
He was released on bail in January 2005 and re-arrested on 12 February
2005 on a total of sixteen charges. Details of trial: On 2 June 2005,
Bench 13 of the Islamic Revolutionary Court sentenced Mojtaba
Sami’inejad to two years’ imprisonment on charges of “insulting the
leader”. His sentence was upheld by the Supreme Court on 12 December
2005. He is also believed to have been sentenced in a separate trial to a
10-month prison term for ‘disturbing public opinion’ – this sentence was
reportedly upheld on appeal in April 2006. Place of detention: Ghezel-
Hessar Prison. Treatment in prison: Held with drug-smugglers and
common criminals. Other information: Taken in hand-cuffs to sit his
exams at Tehran’s Azad University on 21 January 2006.
Arash SIGARCHI
D.o.b.: 1978. Profession: Editor-in-Chief of Gilan Emrooz. Formerly
with the now-banned reformist daily Bahar and translator of a book entitled
Headline Writing. Date of arrest: 16 January 2005 Sentence: 3
years in prison. Expires: November 2007 Details of arrest: Arrested on
16 January 2005 after being summoned to court following critical articles
in his weblog and interviews he gave to the BBC World Service and
to Radio Farda. Details of trial: On 22 February 2005 it was reported
that the Revolutionary Court of Gilan had sentenced Sigarchi to fourteen
years’ imprisonment for ‘propaganda against the regime’ and ‘insulting
the President’. He was released from prison on bail in March 2005, and
his prison sentence was reduced on appeal to 3 years on 9 June 2005. The
Supreme Court upheld his three-year sentence on 22 January 2006 and
he was returned to prison on 26 January 2006 to serve out his sentence.
Other information: Author of one of the chapters in the Handbook for
Bloggers and Cyber-dissidents published by RSF in September 2005.
His weblog can be viewed on http://www.sigarchi.com/blog
Main case, free on medical leave
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
68 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 worked with Iranian foreign-based media. Details of trial:
On 6 March 2002, the Iranian authorities began closed and unannounced
proceedings against Pourzand. On 13 April 2002 the Tehran General
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 on 21 May
2002 following an appeal by his court-appointed lawyers. Health
concerns: Pourzand suffers from diabetes and a heart complaint. Said to
have been denied necessary medical treatment whilst in detention, and
reported by his family to be in a serious condition both physically and
psychologically. After a series of hospitalisations in 2004 he was
released on medical leave from prison. However according to his family
he is denied permission to travel abroad for necessary medical treatment
and to visit his family who are living in exile in the US. Other information:
Siamak Pourzand is the husband of writer and lawyer Mehrangiz
Kar. Adopted by the UN Working Group on Arbitrary Detention.
Honorary Member: Norwegian, Canadian and American PEN.
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. 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.
Health concerns: Zarafshan is seriously ill, suffering from a chronic and
worsening kidney disease for which he has been denied urgent medical
care. On 7 June 2005 he started a hunger strike in protest at being denied
treatment, and as a result his health significantly deteriorated. On 21 June
2005 Zarafshan was transferred to hospital for an operation on his
kidney, but after his transfer back to prison on 23 July his condition again
deteriorated. A medical examination on 10 September 2005 concluded
that he still had stones in his right kidney and required further specialist
treatment and possibly surgery. In January 2006 he was reported to have
been granted medical leave from prison. Professional details: A distinguished
member of the Iranian Writers’ Association (Kanoon), the
Committee on Serial Murders 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. On 29 January 2003 the
Iranian Supreme Court commuted the death sentences of at least two
former secret agents found guilty of the murders. Other: Recipient of
American PEN’s 2004 Barbara Goldsmith Freedom to Write Award.
Honorary member: Norwegian PEN Centre, Canadian PEN, English
PEN, Swedish PEN.
Death Threat
Shahla LAHIJI(f): Writer and Director of the Roshangaran Publishing
House. Reportedly received a letter containing death threats from an
extremist Islamist group in March 2006 who accused her of being a
traitor. The letter was posted into her home even though she has a police
guard. Previous political imprisonment/problems: The office of the
Roshangaran publishing house was attacked by unknown persons using a
petrol bomb on 27 February 2005. Also threatened by judiciary officials
in late July 2005 in connection with her work for the Centre for Defence
of Human Rights in Tehran. Lahiji was previously detained from 29
April-21 June 2000 for her participation in a conference at the Heinrich
Boll Institute in Berlin.
Investigation
Mohammad HEZBAWI (also known as Hezbaee Zadeh): Editor of
the regional newspaper Hamsayeha. Reportedly detained on 18
September 2005 in the city of Ahvaz, southwestern Iran as part of a
crackdown on Iran’s Arab minority in the region of Khuzestan. He is
believed to be held incommunicado without charge, and to be at risk of
torture or ill-treatment. There are fears for his safety. According to PEN’s
information, Mohammad Hezbawi is among hundreds of Iranian Arabs
to have been detained in August and September 2005 following civil
unrest in the Khuzestan region of Iran. Those detained include prominent
journalists, lawyers, tribal leaders, students and human rights activists.
*Maharam KAMRANI and Ebrahim RASHIDI: Medical doctor and
editor of an Azeri-Turk journal Oyanish, and engineer and former
publisher of the banned activist journal Bakush. Reportedly arrested on
30 March 2006 in the city of Ahar, Azerbaijan province. Thought to be
detained after going to apply for a permit to hold a commemorative event
on 31 March with other Azeri-Turk activists. The permit was denied, and
the men failed to return home. Held incommunicado and feared to be at
risk of ill-treatment. No charges have been made known. WiPC checking
whether still detained.
*Mehrdad QASEMFAR: Editor-in-chief of Iran Friday, the weekend
edition of the official state newspaper Iran. Reportedly arrested on 23
May 2006 for ‘insulting the Azeri ethnic minority’ and transferred to Evin
prison for further investigation. The charge is based on a cartoon
published on 12 May 2006 which sparked riots by ethnic Azeris in the
northwestern city of Tabriz. The newspaper was closed and the cartoonist,
Mana Nayestani who is reportedly Azeri, also arrested. Following the
cartoon’s publication, the newspaper published an apology on its front
page for three days and fired the editor-in-chief and cartoonist. The
cartoonist’s family claim the cartoon had not intended to insult. The next
court hearing is set for 17 September 2006. They remain detained.
Sentenced, free on bail/ temporary release
*Elham AFROUTAN (f) and Mohsen DOROSTKAR: Journalist with
and editor-in-chief of the provincial weekly newspaper Tammadon-e
Hormozgan (Hormozgan’s Civilisation). Reportedly detained on 29
January 2006 following the publication of a satirical article. It was originally
reported that Elham Afroutan was arrested with six other
Tammadon-e Hormozgan journalists, although apart from Mohsen
Dorostkar no other names have been made known. Details of arrest:
Both were arrested in the city of Bandar Abbas, in the province of 69
Hormozgan, following the publication of a satirical article entitled “Let’s
Expose the AIDS Epidemic of the Regime”, which compared the 1979
Islamic Revolution in Iran and the advent of Ayatollah Khomeini to
AIDS and gave the current physical embodiment of the disease as
President Ahmadinejad. The detained journalists did not write the article,
and are thought to have reproduced it in the newspaper’s health section
without thorough checking because they were short of stories. The article
is said to have been written under an alias by somebody outside Iran, and
published on the Internet. Details of trial: Both are reportedly facing
charges before Branch 26 of the Revolutionary Court of Tehran of
insulting the Leader, officials and institutions of the Islamic Republic of
Iran and spreading “propaganda against the system”. Afroutan was
reportedly released from Evin prison on 11 June 2006 on payment of 300
million Rials bail (around US $ 33,000). Mohsen Dorostkar was reportedly
released on 8 June after payment of the same bail amount. [On 9
July 2006 it was reported that Mohsen Dorostkar was acquitted of the
charges, and Elham Afroutan was sentenced to one year in prison,
suspended for five years, a cash fine of 1.5 million rials and a five-year
ban from working as a journalist for ‘propogating immoralities’. She is
appealing the sentence.] Other information: Elham Afroutan, aged 20,
is said to be one of the principal members of the writers association in the
city of Bandar Abbas, southern Iran.
Hashem AGHAJARI
D.o.b.: 1957 Profession: Prominent reformist intellectual. Head of the
history department at the Tarbiat Modarress University in Tehran. Date
of arrest: August 2002 Sentence: Five years imprisonment, including a
two-year suspended sentence. Expires: August 2007 Details of arrest:
Detained in connection with a speech in which he reportedly rejected
demands to “blindly follow” clerical rule. Details of trial: He was
sentenced to death for apostasy on 9 November 2002 by the Fourteenth
District Court in the western city of Hamadan. The verdict was overturned
twice by the Supreme Court, most recently on 1 June 2004, and on
20 July 2004 he was sentenced to five years in prison including a twoyear
suspended term for “insulting Islamic values”. Aghajari was freed
on bail on 31 July 2004 pending appeal at the Supreme Court. Other
information: Member of the left-wing reformist political group the
Islamic Revolutionary Mujahidin Organisation. Honorary member of:
Norwegian PEN.
*Orouj AMIRI: Journalist with the local press in Marand, Azerbaijan
province. Reportedly arrested on 25 May 2006 after security forces
raided their home and allegedly beat him and his wife. Believed to be
facing charges of ‘acting against national security’ and taking part in
demonstrations. [Freed on bail on 15 July 2006.]
*Saghi BAGHERI (f): Managing editor of the daily Asia. Reportedly
sentenced to 6 months in prison on 2 June 2006 on charges of ‘publicity
in favour of opposition groups and reports that harm the regime’s foundation’.
Thought to remain free on bail pending appeal.
Farid MODARRESI: Journalist with the daily Shargh and weblogger.
Reported on 22 June 2005 to have been sentenced to 91 days’ imprisonment
for insulting the President in his writings. He is appealing the
sentence and remains free. Also reported to have been handed down a
suspended eight-month prison sentence in a separate case on charges of
‘acting against national security’ for his writings on 26 November 2005.
Reported to have been sentenced by Bench 1 of Qom Islamic Revolution
Court to a 6 months suspended prison sentence for insulting the authorities,
and 6 months in prison for ‘propaganda against the regime’. This
sentence was upheld on appeal in May 2006.
Ejlal QAVAMI and Said SA’EDI
Profession: Journalists. Date of arrest: 2 August 2005. Details of
arrest: Among several prominent Kurdish human rights defenders and
journalists to be detained on 2 August 2005 following protests in the city
of Sanandaj, capital of Kurdistan (Mohammad Sadiq Kabudvand and
Madeh Ahmadi above and Roya Toloui below). Believed to be charged
with acting against national security and organising and leading the
demonstrations in Sanandaj. Held in solitary confinement for 66 days
before being freed on bail. [Reportedly tried on 24 July 2006 on charges
of ‘propaganda against the regime’, WiPC seeking information about the
verdict.]
Taghi RAHMANI, Hoda SABER and Reza ALIJANI
Profession: Journalist with the banned weekly Omid-é-Zangan, coeditor
of the banned monthly Iran-é-Farda, and editor-in-chief of Irané-
Farda respectively. Date of arrest: 14 June 2003. Sentence: seven,
five and a half and four years respectively. Details of arrest: Rahmani,
Alijani and Saber were reportedly arrested at their homes in Tehran on 15
June 2003 for meeting secretly with students in support of the antigovernment
protests that began on 10 June 2003. They were free on bail
at the time after being convicted in a separate case. Details of trial:
Rahmani, Saber and Alijani were among seven journalists who were
sentenced on 10 May 2003 for their membership of the National
Religious Alliance (Melli Mazhabi),a nationalist Islamic group that has
been banned since March 2001. They received sentences of eleven, ten
and six years’ imprisonment respectively on charges of “subversive
activities against the state”. All three men remained free on bail pending
appeal, but were each arrested at their homes in Tehran on 15 June 2003
for allegedly meeting secretly with students in support of the antigovernment
protests that began on 10 June 2003. They remained
detained, and details of their detention remained unclear until 1 May
2004, when Reza Alijani learned that their sentences confirmed as seven,
five-and-a-half and four years’ imprisonment respectively. Lawyers for
Rahmani, Alijani and Saber have not been allowed access to their clients’
files. Their case was re-examined by the Head of Judiciary and they were
convicted in a closed session on 28 December 2005 on charges of
forming an illegal group and conspiring to commit crimes. They remain
free on bail pending appeal. Other information: Taghi Rahmani is a
recipient of the 2005 Hellman/Hammett awards. Reza Alijani is laureate
of the Reporters Sans Frontiers 2001 Press Freedom award. Previous
political imprisonment/problems: Rahmani previously served 13 years
and Alijani 7 years in the 1980’s and 90’s for opposition activities.
Morteza KAZEMIAN, Said MADANI, Ezzatollah SAHABI and
Ali-Reza RADJAI
Profession: Journalist with the now-banned daily Fath, journalist with
Iran-é-Farda, managing editor of the journal Iran-e Farda, and journalist
with Asr-é-Azadegan respectively. Sentence: 10, 10, 4 and 4 years’
imprisonment respectively. Details of arrest: Ezzatollah Sahabi, who is
the son of one of the founders of the Nehzat-e Azadi-ye Iran (Freedom
Movement of Iran), was first detained on 26 June 2000 for his participation
in the Berlin conference. He was released on bail on 21 August
2000, but re-arrested on 17 December 2000 on new charges. He
remained detained until 2 March 2002, when he was freed on bail.
Madani, Kazemian, and Radjaï were reportedly among a number of
people arrested on 11 March 2001 when security agents raided a gathering
at the home of journalist Mohammad Bastehnaghar. The gathering
70 constituted 20-30 supporters of the ‘Iran Freedom Movement’ (‘Nehzate
Azadi-ye Iran’) and Milli Mazhabi (National Religious Alliance), a
broad and informal group of individuals advocating reform in Iran (see
Rahmani, Alijani and Saber above). According to the head of Tehran’s
Revolutionary Court, the group were “conspiring to overthrow the
Islamic government”. They spent periods of varying length in detention
before being released on bail pending trial. Details of trial: The journalists
were handed down sentences ranging from four to thirteen years by
the Tehran Revolutionary Court on 10 May 2003 after a closed trial.
They are all believed to be among fifteen members of the National
Religious Alliance (Melli Mazhabi), a nationalist Islamic group that has
been banned since March 2001, whose trial began in camera on 8
January 2002 on charges of “subversive activities against the state” and
“blasphemy”.
*Abolfazl VESSALI: Editor of the banned Nedaye Azarabadegan.
Reportedly detained on 7 June 2006 and charged with ‘sowing discord
…by means of ethnic and racial issues, inciting the people against
national security and interests’. Sentenced to 6 months in prison.
[Released on bail pending appeal on 24 July 2006.]
Sentenced, suspended
Abbas ABDI: Journalist, director of the Ayandeh public opinion firm
and a former editor of the now-closed daily Salam. Arrested on 4
November 2002 and sentenced to 9 years and six months’ imprisonment
in February 2003 on charges of “cooperation with foreign governments”
(selling information to the US) and “propaganda against the Islamic
regime”. 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. In April 2003 his sentence was reduced on appeal
to four-and-a-half years. WiPC recently learnt that the Supreme Court
acquitted Abbas Abdi of the two charges of “cooperation with foreign
governments” (selling information to the US) and “propaganda against
the Islamic regime” but he faces another charge of “keeping confidential
and secret documents of the intelligence organizations”. A sentence of
unknown duration has been issued on this count, but it is still on appeal.
The Tehran Prosecutor immediately lodged a protest against the acquittal
ruling which is currently under examination.
Alireza ALAVITABAR: Editor of the banned dailies Sobh-Emrooz and
Bonyan. Reportedly sentenced to 15 months in prison, suspended for
three years, on 17 January 2006 for allegedly insulting the regime’s
leaders in an article entitled ‘Militarism and its consequences’.
Mohammad Hassan ALIPOUR: Managing editor of the banned
weekly Aban. Reportedly sentenced to 6 months in prison, suspended for
two years, on the charge of acting against the national security on 5
November 2005 for his writings.
Emadeddin BAQI
Profession: Journalist with the now suspended daily Fath. Sentence:
One year’s imprisonment. Details of trial: Charged in connection with a
series of articles published in the reformist press and his book The
Tragedy of Democracy in Iran implicating Iranian officials in the
murders in recent years of a number of intellectuals and dissidents. He
was tried on 9 November 2003 and on 4 December 2003 it was
announced that he had been sentenced to one year in jail, suspended for
five years. On 17 October 2004 the suspensive character of the prison
sentence was reportedly lifted, and he subsequently launched an appeal
against the judgement. On 2 February 2005, the one year prison sentence
was upheld and his appeal was rejected, although the sentence has reportedly
not yet been enforced for reasons that remain unclear and Baqi
remains free. Banned from travelling abroad. Previous political imprisonment/
problems: Previously arrested on 29 May 2000 and sentenced
to five-and-a-half years in prison, commuted to three years on appeal, 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”.
Fariba DAVOUDI-MOHAJER (f): Journalist for the reformist press,
secretary of Young Journalists’ Association. Reportedly handed down a
three-year suspended jail sentence on 28 September 2003 by the Tehran
Revolutionary Court for “anti-government propaganda” and “harming
state security” in articles she had written. She was also accused of
signing a petition to release prisoners.
Ali SALEHABADI: Managing editor of the daily Hambestegi.
Reportedly sentenced on 20 December 2005 to one year’s imprisonment,
suspended, on the charge of publishing lies with intent to disturb public
opinion.
Qoli SHEIKHI: Managing editor of the daily Tose’e. Reportedly
sentenced to two years’ imprisonment, suspended, and 10 million rials
cash fine on 18 December 2005 on charges of propaganda against the
regime and publishing lies with intent to disturb the public opinion for
articles published in his newspaper.
*Ahmad Reza SHIRI: Journalist and weblogger. Reportedly handed
down a three-year prison sentence, suspended for five years, on 8 January
2006 for writing articles calling for a boycott of the elections in February
2005.
Attacked
*Simin BEHBAHANI (f): Poet. Reportedly beaten by police on 8 March
2006 whilst attending a gathering to mark International Women’s Day.
Released
Akbar GANJI: Journalist. Arrested on 22 April 2000 and sentenced to 6
years’ imprisonment collecting confidential information harmful to
national security and spreading propaganda against the Islamic system in
connection with his writings. Released on 18 March 2006 on expiry of
his sentence.
Case closed
Madeh AHMADI: Freelance journalist and editorial member of the
banned weekly Assou. Reportedly arrested on 28 July 2005 in the
Sarvabad border area after visiting the Kurdish region of Iraq. Reportedly
sentenced to one year in prison by a court in Marivan, a city in Iran’s
Kurdistan in the northwest, for ‘leaving the country illegally’. Reportedly
released on 28 November 2005 but believed to be facing charges of
‘acting against national security’, giving interviews to the foreign media,
and ‘spreading lies with the intent of disturbing public opinion’ in
connection with a separate case. Among several prominent Kurdish
human rights defenders and journalists to be charged in August 2005
following protests in the city of Sanandaj, capital of Kurdistan (see Roya
Toloui below). Case closed for lack of further information.
Massoud BASTANI: Editor-in-chief of the now banned daily Nedai
Eslahat. Reportedly arrested on 13 August 2005 and sentenced to 6
months in prison for his reporting. Held in Arak prison until his release
on 20 January 2006 on expiry of sentence. Case closed.
Amir Abbas FAKHRAVAR: Writer, journalist for the now-banned proreform
dailies Mosharekat and Khordad, and law student. Arrested on 10
November 2002 and sentenced to eight years in prison for criticising the
supreme leadership of Iran in his book Inja Chah Nist (‘This Place is Not 71
a Ditch’), shortlisted for the 2001/2 Paulo Coelho Literary Prize. Granted
temporary release from prison in June 2005 for reasons unclear to PEN,
and went to the US in May 2006. Case closed.
Mohammad Sadeq KABUDVAND: Editor of the journal Payam-e
Mardom-e Kurdistan. Among several prominent Kurdish human rights
defenders and journalists to be detained on 2 August 2005 following
protests in the city of Sanandaj, capital of Kurdistan (see Madeh Ahmadi
above and Ejlal Qavami, Said Sa’edi and Roya Toloui below).
Kabudvand was reportedly sentenced to 10 months in prison on 18
August 2005 for “separatist propaganda”. Reportedly held in solitary
confinement for 66 days before being freed on bail. Case closed,
sentence expired.
Abbas KAKAVAND: Freelance journalist, formerly with the conservative
daily Ressalat. Reportedly detained on 7 June 2004 for a series of
articles alleging official corruption which were published in February
2004 on the website www.gooya.com and in several reformist dailies. He
was found guilty of disseminating “false news, libelling and propaganda
against the regime”, and was sentenced to 91 days of imprisonment on
each count. The sentence has been suspended for two years. Period of
suspension of sentence expired, case closed.
Hamed MOTAGHI: Editor of the webzine Naqshineh.com. Reportedly
sentenced on appeal on 18 November 2004 to a fifteen-month suspended
prison term and a cash fine of 10 million rials for ‘publishing false information
with the aim of disrupting public order’. Sentence expired, case
closed.
Ahmad SERAJI: A weblogger in Tabriz. Reportedly arrested in July
2005 and sentenced to one year in prison for ‘attempting to overthrow the
regime’ and ‘insulting the leader’. Case closed for lack of further information.
Dr. Roya TOLOUI (f): Writer and women’s rights activist. Among
several prominent Kurdish human rights defenders and journalists to be
detained on 2 August 2005 following protests in the city of Sanandaj,
capital of Kurdistan (see Mohammad Sadeq Kabudvand, Ejlal Qavami,
Said Sa’edi and Madeh Ahmadi above). Thought to have been charged
with ‘disturbing the peace’ and ‘acting against national security’.
Reportedly tortured in detention. She was released on bail on 5 October
2005 and left Iran with her two children. Her trial opened in absentia on
21 December 2005 in Sanandaj. She was granted refugee status in the
US, where she arrived on 29 April 2006. Case closed, no longer under
threat of imprisonment.
Dr.Ebrahim YAZDI: Doctor of pharmacology, writer and translator.
Reportedly sentenced to a ‘heavy’ prison term on 16 November 2004 on
charges of acting against national security, propaganda against the
regime, activities in favour of groups opposing the regime, retaining
unauthorised weapons, insulting the Supreme Religious Authority and
other leaders. Tried in absentia on 1 October 2004. Remained free
pending appeal. Case closed for lack of further information.
IRAQ
Killing: Investigation
*Muhsin KHUDHAIR: Editor of the news magazine Alef Ba.
Reportedly shot dead by unidentified gunmen near his home in Baghdad
on 13 March 2006.
Kidnapped
*Jill Carroll (f): Freelance reporter for the Christian Science Monitor.
Reportedly kidnapped on 7 January 2006 in western Baghdad with her
interpreter, who was later shot dead. She was released unharmed on 30
March 2006.
*Ali Abdullah FAYAD: Journalist from the privately-owned tri-weekly
Al-Safir. Reportedly kidnapped by a formerly unknown group called the
Baath Party Brigade in Kut, south-east of Baghdad on 21 March 2006. A
ransom of 30 million dinars (20,000 Euros) was demanded. WiPC
seeking an update.
Death threat
*Mariwan HALABJAYE: Writer. A ‘conditional’ decree sanctioning
Halabjaye’s murder if he does not repent was reportedly issued by the
Islamic League of Kurdistan in February 2006 for his book Sex, Sharia
and Women in the History of Islam. The book reportedly alleges that
Islam oppresses women. The Kurdistan Regional Government have not
offered Halabjaye any protection and he has gone into hiding with his
family.
Investigation
*Mustafa EGILLI: Turkish journalist and board member of Ozgür-Der,
the Association for the Rights of Freedom of Thought and Education.
Reportedly arrested on or around 18 June 2006 with another Ozgür-Der
member after entering Northern Iraq to investigate the whereabouts of
their colleague Metin Demir, who was reportedly detained on 1 June by
Peshmurga, the security service of the Kurdish Regional Government.
Egilli reportedly called friends in Turkey on the evening of 18 June to say
that they were near the Habur border crossing and expected to return to
Turkey within the hour, but they has not been heard of since and are
believed to be held by the authorities of Kurdish-controlled Northern Iraq.
Sentenced, suspended
*Twana OSMAN and Asos HARDI: Editor-in-chief and former editor
respectively of Hawlati. Reportedly each sentenced to six-month
suspended jail terms on 2 May 2006 for defamation by a court in
Sulaymaniyah. The charges were based on an article published on 12
October 2005 alleging that Prime Minister Omer Fatah ordered the
dismissal of two telephone company employees after they cut his phone
line for failing to pay a bill.
Brief detention: awaiting trial
*Hawex HAWEZI: School-teacher and journalist for the independent
Kurdish weekly Hawlati. Reportedly arrested near his home in Koya,
near Erbil, northern Iraq, on 17 March 2006 by security forces from the
Patriotic Union of Kurdistan (PUK). He faces defamation charges for
two recent articles criticising local Kurdish authorities. He was released
on bail on 19 March 2006. Also briefly detained in May 2006.
*Mastura MAHMOOD (f): Journalist for the women’s weekly newspaper
Rewan. Reportedly arrested on 2 May 2006 and charged with two
counts of defamation. The charges stem from an article she wrote on 16
March 2006 to commemorate the 1988 Halabja poison gas attack. She
was released on bail later that day.
Released
Dr Kamel Said QADIR (aka Kamel KARIM): Kurdish writer.
Reportedly arrested on 26 October 2005 in northern Iraq by members of
Parastin, the Iraqi intelligence services, after going to meet with
Kurdistan Democratic Party (KDP) officials at a hotel in Erbil. Dr Qadir,
an Iraqi Kurd who now lives in Vienna, reportedly travelled across the
72 border from Turkey to Iraq on 22 October 2005, and was staying with
relatives. Dr Qadir is known for his critical writings about the political
leadership of the Kurdish territories of Iraq. He was sentenced to thirty
years in prison for defamation on 19 December 2005 by a state security
court in Erbil for two articles published on-line on Kurdish websites
which were reportedly critical of the leadership of Mr Barzani, head of
the KDP. On 26 January 2006 the Court of Cassation in Erbil over-turned
the sentence, but he remained detained and was re-tried by a lower court
and sentenced to eighteen months in prison on 26 March 2006. He was
pardoned on 3 April 2006 and released.
JORDAN
Sentenced, free on bail pending appeal
*Jihad MOMANI and Hashem al-KHALIDI: Former editor-in-chief
of the weekly Shihan and editor-in-chief of the weekly Al-Mehwar
respectively. Reportedly charged on 6 February 2006 by Jordan’s Press
and Publication Department with violating Article 5 and 7 of the Press
and Publication Law. Article 5 prohibits “publishing anything that
conflicts with the ... values of the Arab and Islamic nation,” and Article 7
prohibits “publishing anything that may instigate violence, prejudice,
bigotry or of anything which invites racism, sectarianism or provincialism.”
The charges have been brought for re-printing 12 cartoons of
the Prophet Muhammad which were first published in the Danish daily
Jyllands-Posten on 30 September 2005. The cartoons have sparked
outrage in the Muslim world, where images of the prophet are forbidden.
Al-Mehwar published the cartoons on 26 January, and Shihan a week
later. The weeklies were the first Arab publications to print the cartoons,
and have since been followed by the Yemeni weekly Al-Hurriya which
was banned on 7 February and an arrest warrant issued for its editor
Abdulkarim Sabra (see below). Momani and al-Khalidi said their intention
was to show that the cartoons were silly and to calm the anger that
has swept the Muslim world. They are pleading not guilty to the charges.
Momani and Khalidi were detained in Amman on 4 February 2006 and
were released on bail on 5 February 2006, but were taken back into
custody on 6 February and held for a month. They were each sentenced
to two months in prison respectively on 30 May 2006 for offending religious
sentiments. They remain free on bail pending appeal.
Facing charges
*Jamil Abu BAKR: Editor of the website of the Islamic Action Front
(IAF), the main opposition party in Jordan. Reportedly charged under the
National Security Law on 5 January 2006 with ‘belittling the dignity of
the Jordanian state’ for posting articles written by two IAF parliamentarians
in December 2004. Remains free. WiPC seeking an update.
Under banning order
*Ibrahim NASSRALLA: Leading novelist and poet. One of his books of
poetry originally published in 1984 was confiscated and banned on 25
June 2005. He was also accused of ‘offending the Jordanian State and the
armed forces, raising internal conflicts and unrest, and presenting
distorted information on the events of September 1970 to the new generations’
in verses of poetry in this collection. The charges are believed to
have been subsequently dropped.
KUWAIT
Main case: awaiting deportation
Fawwaz Muhammad AL-AWADHI Bessissu
D.o.b.: c.1960. Profession: Editor. Date of Arrest: February 1991
Sentence: Life imprisonment. Details of Trial: One of twenty-four
people to be 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. 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 occupiers 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.
LEBANON
Facing charges
*Tawfiq KHATTAB and Fares KHASHAN: Editor-in-chief and
reporter respectively for the Lebanese daily Al-Mustaqbal. Reportedly
charged with criminal defamation for insulting and defaming the president
in an article published in late February 2006. They face up to two
years in prison if convicted. Khashan is said to be based in France. Both
men remain free.
PALESTINE
Kidnapped
*Caroline LAURENT (f): Correspondent for Elle womens’ weekly
magazine.Reportedly kidnapped in Gaza city on 14 March 2006 by an
armed group affiliated with the Poplar Front for the Liberation of
Palestine (PFLP). Released unharmed after 22 hours.
SAUDI ARABIA
Brief detention
*Mohsen AL-AWAJY: Internet writer. Reportedly arrested on 10 March
2006 for criticising the Saudi government on the website Wasatyah.com.
Freed on 21 March 2006.
*Rabbah AL-QUWAI’I: Journalist for the newspaper Al-Shams.
Reportedly arrested on 3 April 2006 by Saudi Arabia’s intelligence
agency on charges of ‘doubting the Islamic creed’ and ‘harbouring
destructive thoughts’. The charges are linked to his writings published 73
on-line questioning religious doctrine and linking religious doctrine with
violent acts committed by al-Qa’ida in the Arabian peninsula. Released
after 13 days.
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.
Aref DALILA
D.o.b.: 1943. Profession: Professor and Dean of the Faculty of
Economics at Damascus University, also wrote for the banned weekly
Al-Doumari. Has written many books on economics, politics and social
history. Date of arrest: 9 September 2001 Sentence: Ten years hard
labour. Expires: 8 September 2011 Details of arrest: Reportedly
arrested on 9 September 2001 for a lecture in which he called for democracy
and transparency, and alleged official corruption. Arrested with nine
other members of the Civil Society Movement during the ‘Damascus
Spring’, a short-lived period of greater openness to public debate and
calls for reform. Details of trial: Sentenced in early 2002 to 10 years in
prison with hard labour by the Supreme State Security Court (SSSC) at a
trial which did not comply with international standards. Place of
detention: ‘Adra Prison, Damascus. Treatment in prison: Said to be
held in solitary confinement, to have been beaten in detention and denied
medical treatment. Health concerns: Said to be seriously ill with heart
problems. Started a hunger strike on 12 July 2005 in protest against his
solitary confinement and ill-treatment.
*Mohammed GHANEM
Profession: Novelist and editor of the news Web site Surion. Date of
arrest: 31 March 2006 Sentence: 1 year, communted to 6 months in
prison. Expires: 30 September 2006. Details of arrest: Ghanem was
arrested on 31 March 2006 at his home in the northern town of al-
Raqqah by military intelligence, and then transferred to Damascus,
where he was detained in the “Palestine Branch” of the Military
Intelligence Security (Branch 235). Details of trial: Convicted by a
military court of “insulting the Syrian President, discrediting the Syrian
government and fomenting sectarian unrest” in his critical writings
published on-line. Ghanem has written many articles advocating political
and cultural rights for Syria’s Kurdish minority and has been critical of
the Baath Party’s handling of domestic issues. Ghanem was reportedly
sentenced to one year in jail but his sentence was commuted to six
months for unknown reasons. Place of detention: He was transferred in
May to al-Raqqah al-Markazi prison. Previous political imprisonment/
problems: Ghanem was previously arrested and detained for 15
days by military intelligence in March 2004.
*Michel KILO
D.o.b.: 1949 Profession: Prominent writer, journalist and civil society
activist. Contributes to the leading Lebanese daily Al-Nahar and the
London-based Arabic-language daily Al-Quds Al-Arabi. Date of arrest:
14 May 2006 Details of arrest: He is among 10 Syrian civil society
activists to have been arrested between 14 and 18 May for signing the
“Beirut-Damascus Declaration” of 12 May 2006 calling for the establishment
of diplomatic relations between Lebanon and Syria based on
respect for each countries’ sovereignty. Several hundred Syrian and
Lebanese nationals signed the agreement. Reportedly charged on 17 May
2006 with security offenses. WiPC seeking an update. Treatment in
detention: Feared to be at risk of ill-treatment.
Haytham QUTAYSH
Profession: Internet activist. Date of arrest: January 2003. Sentence:
Four years’ imprisonment. Expires: January 2007. Details of arrest:
Reportedly arrested for sending articles to an electronic newspaper in the
United Arab Emirates. He had reportedly been writing articles under
pseudonyms about government corruption, politics, economics and
human rights issues in Syria. Details of trial: Convicted of ‘spreading
false information’ on 25 July 2004. Place of detention: Sednaya prison.
Investigation
*‘Ali al-‘ABDULLAH: Journalist and member of the banned political
discussion group Jamal al-Atassi Forum. Ali Abdullah has written for
several Arabic language newspapers including the Lebanese daily, al-
Nahar. Reportedly arrested with his son Muhammad ‘Ali al-‘Abdullah
following their participation in a peaceful demonstration outside the
Supreme State Security Court (SSSC) on 22 March 2006. Another of ‘Ali
al-‘Abdullah’s sons Omar has been detained since 18 March 2006 for his
involvement in a pro-democracy youth movement. Their arrests appear
to be part of a renewed crackdown on government opponents in recent
months, where scores have been arrested for their peaceful opposition
activitites. Still detained as of 30 June 2006. Previously arrested on 15
May 2005 after reading a statement at the Jamal al-Atassi Forum on
behalf of Sadr al-Din Bayanouni, the exiled leader of the banned Muslim
Brotherhood. The statement reiterated the movement’s opposition to
violence and called for political reforms in Syria. Held in solitary
confinement in ‘Adra Prison, near Damascus, until his release under
presidential amnesty on 2 November 2005.
*Fateh JAMOUS: D.o.b.:1948. Writer and leading opposition activist.
Leading member of the Communist Labour Party in Syria (CLPS).
Reportedly detained on 2 May 2006 at Damascus airport on his return to
Syria after spending six weeks the Syrian exile community in France,
Germany, Sweden and England discussing pro-democracy issues. Still
detained as of 30 June 2006. Previously detained from 1982-2000 for his
opposition activities.
Brief detention
*Sha’ban ABBOUD: Correspondent with the Lebanese daily An-Nahar.
Reportedly arrested on 2 March 2006 and charged under state security
laws with ‘publishing news that is damaging to national security’. The
charges are thought to relate to a report Abboud had recently published
mentioning leaders of the Military Intelligence Department in Syria.
Released on bail on 7 March 2006.
*Adel MAHFOUZ: Journalist. Reportedly arrested on 7 February 2006
and charged with ‘insulting public religious sentiment’ for calling for
peaceful dialogue to settle the disputes over the re-publishing of the
cartoons depicting the Prophet Muhammad. The twelve cartoons were
first published in the Danish daily Jyllands-Posten on 30 September 2005,
and have sparked outrage in the Muslim world, where images of the
74 prophet are forbidden. Thought to have been freed after a brief detention.
Case closed
Muhannad QUTAYSH: Arrested in January 2003 with Haytham
Qutaysh (see above) and sentenced to three years in prison for sending
critical articles by email to a newspaper in the United Arab Emirates.
Sentence expired in January 2006, presumed freed. Case closed.
YEMEN
On trial, free on bail
*Mohammed Al Asaadi: Editor of the Yemen Observer. Reportedly
arrested on 10 February 2006 for re-publishing cartoons depicting the
Prophet Muhammad. He is believed to be facing charges under a clause in
the Yemeni press law which “bans publication of anything that harms the
Islamic faith, denigrates a mono-theistic religion or a humanitarian
belief”. Convictions under the press law carry a maximum penalty of one
year in prison. The Yemen Observer is said to be a privately-owned liberal
newspaper and was closed down for three months. The twelve cartoons
were first published in the Danish daily Jyllands-Posten on 30 September
2005, and have sparked outrage in the Muslim world, where images of the
prophet are forbidden. He was freed on bail on 22 February 2006.
*Abdulkarim SABRA and Yehia AL-ABED: Editors-in-chief of the
private weekly Al-Hurriya. Arrested on 10 February 2006 for republishing
cartoons depicting the Prophet Muhammad (see Asaadi above).
Released on bail after a brief detention. Their trial began on 22 February
2006 on charges of ‘offending the Prophet Mohammed’. No verdict has
been announced as of 30 June 2006. The men remain free on bail.
Facing Charges
Mohamed AL-MAQALEH: Columnist for the newspaper Al-Thawry.
Facing legal action for an article he wrote calling on the Yemeni
President to give up some of his powers. His case was reportedly referred
to the Sana’a appeals court on 26 November 2005, if convicted he faces a
one-year prison sentence and a ban on practicing journalism.
Abdullah Ali SABRI: Editor-in-chief of the weekly Sawt al-Shoura.
Charged with defaming Deputy Interior Minister Mohamed al-Qawsi for
reporting that the Minister had allegedly ordered prison officials to intimidate
a jailed journalist. His trial opened on 19 November 2005. If
convicted, he faces one year in prison and a ban on practising journalism.
Death threats
*Abed al-MAHTHARI: Editor-in-chief of the independent weekly Al-
Deyar. On 19 April 2006 he received a telephone death threat, after
which his car was attacked. He was not driving it at the time. The threat
and attack is thought to be linked to his investigative reporting on alleged
arms trafficking in northern Yemen since 2004. In May 2004 he also
received two death threats. He has gone into hiding.
Attacked
*Abdulfatah AL-HAKIMI: Journalist. Reportedly attacked in early
April 2006 when two unidentified men sprayed a gas through his car
window. He was hospitalised for over a week with respiratory problems.
It is thought the attack may be linked to critical articles he published in
Al-Wasat and the web-site Shoura.
*Qaed al-TAIRI: Journalist for the Socialist Party weekly Al-Thawri.
Reportedly abducted by armed men on 11 March 2006, tortured and
threatened with further violence, apparently for his reporting on local
political factions. Released the same day. 75
PEN Centres with Writers in
Prison Committees
American, Armenian, Austrian, Bangladesh, Belarus, Belgian Flemish,
Belgian French, Bolivian, Canadian, Catalan, Colombian, Czech, Danish,
English, Finnish, French, Galician, German, German Writers Abroad,
Ghanaian, Hong Kong, Independent Chinese PEN Centre, Iranian Writers
in Exile, Italian, Israeli, Japanese, Kenyan, Kurdish, Liechenstein,
Lithuanian, Malawian, Melbourne, Mexico, Nepalese, Netherlands, New
Zealand, Nicaragua, Nigeria, Norwegian, Palestinian, Paraguay, Polish,
Portuguese, Quebecois, Russian, San Miguel de Allende, Scottish, Sierra
Leone, Slovak, South African, Suisse Romande, Swedish, Swiss German,
Swiss Italian, Sydney, Tibetan, Turkish, Ugandan, USA, US Writers in
Exile, Venezuelan, Vietnamese Writers Abroad
Total: 62
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 2005
1. Mohamed Benchicou .............................................................ALGERIA
2.Salah Uddin Shoaib Chaudhury (USA).........................BANGLADESH
3.Yury Bandazhevsky (England, Norway, Suisse Romande) ....BELARUS
4.Gao Qinrong (Canada).................................................................CHINA
5.Hada (Canada) .............................................................................CHINA
6.He Depu .......................................................................................CHINA
7.Huang Jinqiu (Germany)..............................................................CHINA
8.Jiang Lijun ...................................................................................CHINA
9.Jin Haike (Ghana) ........................................................................CHINA
10.Kong Youping ............................................................................CHINA
11.Korash Huseyin..........................................................................CHINA
12.Li Zhi (Canada)......................................................................... CHINA
13.Lu Zengqi...................................................................................CHINA
14.Luo Changfu ..............................................................................CHINA
15.Luo Yongzhong..........................................................................CHINA
16.Mao Qingxiang ..........................................................................CHINA
17.Nurehamet Yasin........................................................................CHINA
18.Abdulghani Memetemin (Germany)..........................................CHINA
19.Ning Xianhua.............................................................................CHINA
20.Shi Tao (Canada, Germany, ICPC, Sydney, USA).....................CHINA
21.Tao Haidong...............................................................................CHINA
22.Tohti Tunyaz (America, Canada, Catalan, England, Japan,
Leichenstein, Perth) ...................................................................CHINA
23.Wu Yilong ..................................................................................CHINA
24.Xu Wei (Ghana) .........................................................................CHINA
25.Xu Zerong (Ghana)....................................................................CHINA
26.Yan Qiuyan ................................................................................CHINA
27.Yang Zili (Ghana) ......................................................................CHINA
28.Yu Dongyue (Canada, Czech Republic, Melbourne)................CHINA
29.Zhang Honghai (Ghana) ............................................................CHINA
30.Zhang Lin...................................................................................CHINA
31.Zheng Yichun (Canada) .............................................................CHINA
32.Zhao Changqing.........................................................................CHINA
33.Zhao Yan....................................................................................CHINA
34.Zhu Yufu ....................................................................................CHINA
35.Lobsang Dhargay...........................................................CHINA/TIBET
36.Dawa Gyaltsen...............................................................CHINA/TIBET
37.Tashi Gyaltsen ...............................................................CHINA/TIBET
38.Jampel Gyatso ...............................................................CHINA/TIBET
39.Tsultrim Phelgay ...........................................................CHINA/TIBET
40.Ngawang Phulchung (America, Austria, Canada, England, Sydney) ....
.....................................................................................CHINA/TIBET
41.Toesam Zangda..............................................................CHINA.TIBET
42.Albert Santiago Du Bouchet Hernandez .....................................CUBA
43.Jesús Alvarez Castillo..................................................................CUBA
44.Pedro Argüelles Morán (England)...............................................CUBA
45.Victor Rolando Arroyo Carmona (Finland).................................CUBA
46.Mijaíl Bárzaga Lugo (Netherlands).............................................CUBA
47.Adolofo Fernández Saínz (England) ...........................................CUBA
48.Miguel Galván Gutiérrez (Sydney) .............................................CUBA
49.Julio César Gálvez Rodríguez (England) ...................................CUBA
50.José Luis García Paneque (England) ...........................................CUBA
51.Ricardo Severino González Alfonso (Finland)............................CUBA
52.Léster Luis González Pentón (Sydney) .......................................CUBA
53.Alejandro González Raga............................................................CUBA
54.Iván Hernández Carrillo (Catalan, Scotland) ..............................CUBA
55.Normando Hernández González (England).................................CUBA
56.Juan Carlos Herrera Acosta (Germany).......................................CUBA
57.José Ubaldo Izquierdo .................................................................CUBA
58.José Miguel Martínez Hernández................................................CUBA
59.Héctor Maseda Gutiérrez (Italy)..................................................CUBA
60.Mario Enrique Mayo Hernández (Catalan) .................................CUBA
61.Pablo Pacheco Ávila....................................................................CUBA
62.Omar Pernet Hernández ..............................................................CUBA
63.Fabio Prieto Llorente (England) ..................................................CUBA
64.Alfredo Pulido López ..................................................................CUBA
65.José Gabriel Ramón Castillo .......................................................CUBA
66.Blás Giraldo Reyes Rodríguez (Sydney).....................................CUBA
67.Omar Rodríguez Saludes (Finland) .............................................CUBA
68.Omar Moisés Ruiz Hernández (Sweden) ....................................CUBA
69.Miguel Sigler Amalla ..................................................................CUBA
70.Léster Téllez Castro.....................................................................CUBA
71.Omer “Abu Akla (Ghana)......................................................ERITREA
72.Said Abdelkader (America)...................................................ERITREA
73.Akhader Ahmedin(Ghana) ....................................................ERITREA
74.General Ogbe Abraha ............................................................ERITREA
75.Mahmud Ahmed Sheriffo......................................................ERITREA
76.Yusuf Mohamed Ali (America) .............................................ERITREA
77.Emanuel Asrat (America)......................................................ERITREA
78.Astier Feshatsion ..................................................................ERITREA
79.Berhane Ghebre Eghzabiher .................................................ERITREA
80.Beraki Ghebre Selassie..........................................................ERITREA
81.Amanuel Ghebremaskel (Ghana) ..........................................ERITREA
82.Ghebremedhin (Ghana) .........................................................ERITREA
76 83.Yebio Ghebremedhin (Ghana)...............................................ERITREA
84.Temesken Ghebreyesus (America) ........................................ERITREA
85.Daniel Habte (Ghana)............................................................ERITREA
86.Mattewos Habteab (America)................................................ERITREA
87.Muluberhan Habtegebriel (Ghana)........................................ERITREA
88.Dawit Habtemichael (America).............................................ERITREA
89.Medhanie Haile (America, Ghana).......................................ERITREA
90.Hamid Himid ........................................................................ERITREA
91.Dawit Isaac (America)...........................................................ERITREA
92.Saleh Idris Kekia ...................................................................ERITREA
93.Germano Nati ........................................................................ERITREA
94.Meles Nigusse(Ghana) ..........................................................ERITREA
95.Estifanos Seyoum ..................................................................ERITREA
96.Petros Solomon......................................................................ERITREA
97.Haile Woldetesnae .................................................................ERITREA
98.Fesshaye Yohannes (America) ..............................................ERITREA
99.Paolos Zaid (Ghana) ..............................................................ERITREA
100.Leykun Engida ...................................................................ETHIOPIA
101.Getachew Simie .................................................................ETHIOPIA
102.Reza Alijani ................................................................................IRAN
103.Hashen Aghajari (Norway).........................................................IRAN
104.Amir Abbas Fakhravar (England, Canada).................................IRAN
105.Akbar Ganji (America, Canada, England, Liechenstein, Sweden) ......
....................................................................................................IRAN
106.Hossein Ghaziyan .......................................................................IRAN
107.Grand Ayatollah Yasub al Diri Rastgari......................................IRAN
108.Mojtaba Sami’Inejad ..................................................................IRAN
109.Siamak Pourzand (Amercia, Canada, Norway) ..........................IRAN
110.Taghi Rahmani............................................................................IRAN
111.Hoda Saber .................................................................................IRAN
112.Nasser Zarafshan (England, Canada, Norway, Sweden) ............IRAN
113.Fawwaz Muhammad al-Awadhi Bessissu.............................KUWAIT
114.Abd al-Raziq Al-Mansuri .........................................................LIBYA
115.Irene Fernandez (Canberra) .............................................MALAYSIA
116.Ali Lmrabet (England, Denmark, Turkey, USA)..............MOROCCO
117.Ahmed Ibrahim Didi (England).......................................MALDIVES
118.Naushad Waheed (England).............................................MALDIVES
119.Mohamed Nasheed (England) .........................................MALDIVES
120.Aung Pwint......................................................................MYANMAR
121.Aung San Suu Kyi (England, Canada) ............................MYANMAR
122.Ko Aung Tun (Canada, Canberra, Norway) ....................MYANMAR
123.Kyaw Sein Oo..................................................................MYANMAR
124.Thaung Tun......................................................................MYANMAR
125.Vaye Kyn .........................................................................MYANMAR
126.Win Tin (Hong Kong (E), Japan, New Zealand) .............MYANMAR
127.Ali Al-Domaini (England) .......................................SAUDI ARABIA
128.Matrouk Al-Faleh.....................................................SAUDI ARABIA
129.Xabier Alegria (England) ..........................................................SPAIN
130.Txema Auzmendi (England) .....................................................SPAIN
131.Martxelo Otamendi (England) ..................................................SPAIN
132.Juan Mari Toreldai (England)....................................................SPAIN
133.Iñaki Uria (England) .................................................................SPAIN
134.Pello Zubria(England)...............................................................SPAIN
135.Nu’man ‘Ali Abdu....................................................................SYRIA
136.Aref Dalila................................................................................SYRIA
137.Haythan Qutaysh ......................................................................SYRIA
138.Muhannad Qutaysh...................................................................SYRIA
139.Mohamad Abbou (England, Norway) ..................................TUNISIA
140.Hamdi Jebali (Finland).........................................................TUNISIA
141.Sihem Ben Sedrine (Suisse Romande) .................................TUNISIA
142.Hrant Dink (Belgium (Fl), England, Norway) .....................TURKEY
143.Leyla Zana (Belgium (Fl), England, San Miguel, Scottish, USA,
Writers in Exile) ...................................................................TURKEY
144.Ragip Zarakolu (America, Canada, England, Kurdish, Netherlands,
Quebec, Sweden)..................................................................TURKEY
145.Jean Louis N’Tadi (England) ............................UNITED KINGDOM
146.Muhammad Bekzhon (America, Canada, England, USA)...................
.....................................................................................UZBEKISTAN
147.Mamadali Makhmudov (America, Canada, England, Netherlands,
USA)............................................................................UZBEKISTAN
148.Sobirijon Yabukov (England, Canada, Germany)........UZBEKISTAN
149.Yusif Ruzimaradov (Amercia, Canada, England, USA) ......................
.....................................................................................UZBEKISTAN
150.Dang Phuc Tue ...................................................................VIETNAM
151.Thich Huyen Quang (Denmark, England, France, Sydney).................
............................................................................................VIETNAM
152.Nguyen Khac Toan ............................................................VIETNAM
153.Nguyen Vu Binh.................................................................VIETNAM
154.Pham Hong Son (France) ...................................................VIETNAM
Half-year statistics
January to June 2006
Killed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Killed Investigation . . . . . . . . . . . . . . . . . . . . . .14
Disappeared . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Main Case (imprisoned) . . . . . . . . . . . . . . . . . .142
Under Investigation (imprisoned) . . . . . . . . . . .52
Judicial Concern . . . . . . . . . . . . . . . . . . . . . . . . .24
Under Judicial Process . . . . . . . . . . . . . . . . . . .227
Non Custodial Sentence . . . . . . . . . . . . . . . . . . .20
In Hiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Brief Detention . . . . . . . . . . . . . . . . . . . . . . . . .94*
Death Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
Other Threat/Harassment . . . . . . . . . . . . . . . . . .33
Attacked/Ill-treated . . . . . . . . . . . . . . . . . . . . . .48
Kidnapped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Deported/Expelled/Fled . . . . . . . . . . . . . . . . . . . .7
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .719
Released . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
*This figure does not include the around 200 journalists
and writers arrested and held briefly following a crackdown
in Nepal.
77