19 October 1999

Alert

MISA protests defamation charge against journalist, detention


Incident details

Rafael Marques

journalist(s)

other


(MISA/IFEX) - On Saturday 16 October 1999, journalist Rafael Marques, who is
also the coordinator of the Angolan office of the Open Society Initiative in
Southern Africa, was arrested at dawn at his home in the capital Luanda by
officers from the Department of National Criminal Investigations (DNIC).





**Updates IFEX alert of 18 October 1999**

Marques was being held at Luanda's Labortorio prison. According to
information received from Human Rights Watch, Marques has been refused
access to his lawyer and has gone on hunger strike in protest. By the
morning of 18 October, Marques' lawyer had still been unable to gain access
to him.

Marques was charged on 14 October with defaming President dos Santos, for
having referred to him as a dictator in a 3 July 1999 article published in
"Folha 8". The article entitled, "The Big Stick of Dictatorship", said that
dos Santos was "responsible for the destruction of the country and the
promotion of corruption".

According to Human Rights Watch, Marques appears to have been charged under
a 1978 law (that was technically repealed in 1991) and the Angolan Press
Law. If convicted, he could be given a two to eight year prison sentence.

In an address by Angolan lawyer Maria Pereira to a Media Lawyers Conference
in Windhoek in August this year, Pereira pointed out that in terms of the
press law, defamation of the president was a criminal offence. The law
further gave no or very weak options for defence for the journalists accused
of defaming the president. According to Pereira, "Once the president claims
defamation, it is accepted that the facts have been proven." As a result,
the only type of defence a journalist can put forward when faced with this
charge, is to prove that s/he was not the author of the article. This
situation exists only in the case of a claim of defamation against the
president of the republic, a foreign head of state or a representative of a
foreign head of state.

Recommended Action


Send appeals to the president:
  • strongly protesting the charge of defamation of the president now facing
    journalist Marques
  • pointing out that numerous court decisions around the world have held
    that
    an integral part of democracy is that those who hold office in government
    and who are responsible for public administration must always be open to
    criticism
  • further pointing out that the president has an array of options
    available
    to counter alleged defamation such as media retraction, media statements,
    and other options involving the right of reply
  • stressing that the charging of Marques with defamation of the president
    amounts to political censorship in that it seeks to punish him for
    expressing his views about the government and the president in particular
  • pointing out that such an action is completely contrary to the
    international treaties and obligations which guarantee the right to freedom
    of expression, including the International Covenant on Civil and Political
    Rights, to which Angola is a signatory




    Appeals To



    Hon Jose Eduardo dos Santos
    President of the People's Republic of Angola
    Fax: +244 2 392 733 / 391 476 / 331 898







    Please copy appeals to the source if possible.





    Source:

    Putting free expression issues in perspective.

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    • More on this case

    Marques trial adjourned amid growing doubts about fairness 21 March 2000 Marques trial to resume, judge has no legal background 21 March 2000 MISA expresses concern over upcoming trial of journalist 17 March 2000 Journalist Marques' trial adjourned until 21 March 10 March 2000 Journalist's lawyers will offer "truth defense" in trial 9 March 2000 CPJ posts daily updates on trial of Angolan journalist 7 March 2000 CPJ condemns on-going persecution of journalist 6 March 2000 Journalist's case to be heard in Supreme Court 17 December 1999 Journalist placed under house arrest, trial to begin on 15 December 30 November 1999 Journalist released 25 November 1999 Government proposes review of press law, journalist still detained 16 November 1999 Detained journalist still not charged 3 November 1999 One journalist still detained despite legal deadline for release, another barred from leaving country 2 November 1999 Detained journalist denied bail 28 October 1999 Journalist remains in detention, procedural irregularities surround his continued detention 22 October 1999 CPJ concerned over journalist's arrest, continued detention 20 October 1999 Crackdown on independent media continues 18 October 1999

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