**Updates IFEX alerts of 11 and 2 February and 19 January 2000** (MISA/IFEX) – Detained journalist Andre Domingos Mussamo, who has been in detention in Cuanza Norte province for eighty-four days, has expressed fear for his life, while there is also concern about his health. According to a letter from Mussamo that was smuggled out […]
**Updates IFEX alerts of 11 and 2 February and 19 January 2000**
(MISA/IFEX) – Detained journalist Andre Domingos Mussamo, who has been in detention in Cuanza Norte province for eighty-four days, has expressed fear for his life, while there is also concern about his health.
According to a letter from Mussamo that was smuggled out of prison, on 15 February 2000, the prison’s director, Santos Raimundo, called him into his office, where two other prisoners and some members of the prison staff had also gathered. The directed singled out Mussamo and said he was responsible for an article which appeared in “Folha 8” in November 1999 which reported on the poor prison conditions in Cuanza Norte. The director yelled at the journalist, saying what had been printed was a lie, particularly the number of dead prisoners reported. He proceeded to show Mussamo several death certificates to apparently prove that the number of dead prisoners cited in the article was incorrect. Raimundo went on to tell the journalist that he should be very careful because he is too young to die and because he had been attacking a state institution [the prison]. In the letter from prison, Mussamo expressed fear for his life, adding that he was being subjected to “extreme psychological” pressure.
Meanwhile, the number of visits Mussamo is allowed has been cut. Previously, his wife, Margerita Ngongo Mussamo, was able to visit him daily to bring him meals, but now he is only allowed visits every fifteen days. At the same time, there is concern about Mussamo’s health. Before being detained, Mussamo was involved in a car accident in which he broke his leg. He is still walking with the aid of crutches and requires regular treatment in order to allow his leg to heal satisfactorily. The last time he was allowed to go to hospital for treatment was in late January. The fear is that Mussamo could be crippled for life if he does not receive treatment to allow his leg to heal.
Mussamo is also being harassed by actions outside prison. He has been suspended from his job at the Angolan National Radio, with the result that his wife and three children are without any income. The radio also confiscated his motorbike, despite proof that it does not belong to them but is owned by Mussamo, while the state telecommunications company has also removed the telephone and telephone cables in his house.
Mussamo is believed to have been formerly charged, however numerous irregularities surround this. He has apparently been charged with violating state secrets. However, lawyers in Luanda say these charges are wrongly formulated since the article in question was never published, while he also never took or was found in possession of the document reportedly quoted in the unpublished article. Meanwhile, whereas a formal charge document has been handed to him, his wife has not been allowed access to this document in order to pass it on to lawyers in Luanda. During their visits, he is not allowed to pass anything to his wife, while their conversations are held in the presence of a prison official who stops them if there is any talk about the case. Another irregularity is that the charge document apparently does not indicate the date of a trial, which is a requirement once formal charges are laid.
The law under which Mussamo is being charged is the notorious Law of Crimes against State Security, which technically was revoked when the new Constitution was adopted in 1992. This is also despite assurances from Angolan Attorney General Domingos Culolo in September last year that journalists would not be prosecuted under this law, but instead would be subject to the Press Law. The fact that Mussamo is not being charged under the Press Law has allowed for his prolonged detention, since the Press Law stipulates a maximum fifteen day detention for anyone charged or detained under this law. Any other law allows for a maximum detention of 45 days, but this has since been violated in Mussamo’s case by an order from the provincial attorney general which extended Mussamo’s “preventative detention” to 90 days.
Mussamo is reportedly also being investigated with the aim of charging him with libel following an article in “Folha 8” which said that Cuanza Norte provincial Judge Geraldo Cadeia, did not have the educational qualifications to hold that position. MISA sources report that a state investigator visited him in prison to question him, but he refused to answer any questions without a lawyer. Mussamo has apparently also denied having written the article.
In another development, the Angolan government has responded to a European Parliament resolution adopted on February 17 calling for, among others, the Angolan government “to comply strictly with the provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, in particular with respect to its obligations to ensure freedom of expression and to afford due process to all persons charged with criminal offences”.
In its response, the government said the resolution had been influenced by false information and an incorrect evaluation of the government’s regulation of the public media. If further claimed that there were currently no journalists in prison. In went on to say that only one journalist had been tried in court, in a hearing which was absolutely transparent, fair and in accordance with current Angolan law. The statement, which was broadcast on state radio, added that the Angolan government had neither approved, nor condoned physical threats against any journalist, including those who, in their work, had violated Angolan law by questioning the dignity of the state and its leaders. (The full text of the Angolan government’s response to the European Parliament resolution appears in the annex to this alert, courtesy of the British Broadcasting Corporation (BBC).
Background Information
Mussamo was detained on 2 December 1999. At the time, he was chief editor of the Cuanza Norte provincial branch of the Angolan National Radio, and a correspondent for the independent bi-weekly “Folha 8”.
Mussamo is being accused of stealing documents from the provincial government headquarters and of violating state secrets because of an unpublished article that made reference to a letter from the provincial governor to President Eduardo Dos Santos.
According to MISA sources, Mussamo left the article in one of his books at work, after deciding not to send it for publication. A member of the security services apparently searched his papers and found the article, which was written in September.
Recommended Action
Send appeals to authorities:
– strongly protesting Mussamo’s continued detention
– demanding his immediate and unconditional release
– pointing out that no evidence exists of a crime, since the contentious article in question was never published, neither was he in possession of the document he has been accused of stealing
– protesting the current conditions under which he is being detained and demanding that he be granted proper medical treatment as well as access to his family and lawyer, as is any detainee’s right
– protesting the fact that he is being charged under terms of the Law of Crimes against the State when, as a journalist, he should rightfully be charged under the Press Law
– calling on the Angolan government to earnestly uphold the provisions of the Universal Declaration of Human Rights and fulfil its obligations as a state party to the International Covenant on Civil and Political Rights, in particular with respect to its obligations to ensure freedom of expression and afford due process to all persons charged with criminal offences
Appeals To
APPEALS TO:Hon Jose Eduardo dos Santos
President of the Republic of Angola
Fax: +244 2 331 898 / 331 885Sr Fernando da Piedade dias dos Santos
Minister of Interior
Fax: +244 2 321 034Sr Domingos Culolo
Attorney General of the Republic of Angola
Fax: +244 2 333 172Sr Manuel Pedro Pacavira
Governor of Cuanza Norte Province
Tel: +244 35 80100 / 80025 / 80148 / 80059Please copy appeals to the source if possible.
ANNEX
Full text of the Angolan government’s response to the European Parliament resolution on Angola. From: news@monitor.bbc.co.uk
Subject: Angola/Europe: Declaration in response to EU resolution on media freedom
Date: 21 February 2000 10:21. Profile Name: Lara News
Headline: Angola/Europe: Declaration in response to EU resolution on media freedom
Text of report by Angolan government radio on 19th February; subheadings inserted editorially
In breaking news, we are going to read a declaration just received from the Angolan government:
Declaration
The Angolan government has taken note of a resolution reached by the European Parliament, which was influenced by false information and an incorrect evaluation of the government’s regulation of the public media. The government categorically denies that 20 independent journalists have been incarcerated in Angola since last year. Some journalists were questioned last year, but only one was detained for two months due to professional reasons. At this time, there are no journalists in prison. The existence of a criminal process against journalists who abuse the freedom of the press, cannot be regarded as proof of the absence of such freedom, as these judicial processes are nonexistent in countries without freedom of expression.
Until now, only one journalist has been tried in court in a hearing which was absolutely transparent, fair and in accordance with current Angolan law.
The Angolan government has neither approved, nor condoned physical threats against any journalist, including those who, in their work, have violated Angolan law by questioning the dignity of the state and its leaders.
The Angolan government deplores people like Dr Mario Soares, whose political, ideological and other connections with the war criminal, Jonas Savimbi, are well known. These people benefit from their credibility, as they have been allowed to influence the European Parliament to reach such far-reaching and unfounded decisions.
They do not try to intervene in the conflict caused by Jonas Savimbi, although it has been acknowledged by the entire international community. The Angolan government reiterates its intention to maintain a government which guarantees all Angolan citizens their freedoms and rights, in accordance with the constitution.
Issued by the Angolan government in Luanda on 18th February 2000.
Explanation
This declaration, issued by the Angolan government, is in response to the resolution passed by the European Parliament last Thursday [17th February]. The resolution was based on disturbing information supplied by Jonas Savimbi’s supporters, and disclosed by former Portuguese President Mario Soares.
According to sources within the Angolan Ministry of Social Communication, Savimbi’s violent criticism convinced European Parliament officials that their judgment was crucial and they therefore passed the resolution which stipulates the need for international observers within Angola.
The European Parliament’s position corresponds with a plan by the Savimbist lobby [previous word in English] in Portugal to initiate a session dedicated to the analysis of the situation in Angola. The plan was initially rejected by the European Socialist Group, which supports the Portuguese government’s public declaration in their capacity as European Union President. The party was also unmistakably clear in their condemnation of Unita [National Union for the Total Independence of Angola] militants.
The Angolan government is not surprised with this new attempt to bring about global condemnation, seeing that allegations made by people like Dr Mario Soares, some leaders from the Democratic Party and the Portuguese law [as heard] are in direct proportion to favours received from Jamba, Bailundo and Andulo.
Now, the one person who is solely responsible for the Angolan nation’s misery is reclaiming compensation.
That was an explanatory note from the Ministry of Social Communication, following a declaration issued by the Angolan government.
Source: Radio Nacional de Angola, Luanda, in Portuguese 1200 gmt 19 Feb 00
