The Angolan Supreme Court is to decide whether the case against journalist Rafael Marques, who is accused of defaming the president, is to proceed. This followed an application by Marques’ lawyer during an appearance before the provincial court on 15 August 1999 to have the case against Marques dismissed. The Reuters news agency reports that […]
The Angolan Supreme Court is to decide whether the case against journalist Rafael Marques, who is accused of defaming the president, is to proceed.
This followed an application by Marques’ lawyer during an appearance before the provincial court on 15 August 1999 to have the case against Marques dismissed. The Reuters news agency reports that the Supreme Court will now hear five days of argument before deciding whether the charges should be dropped.
Background Information
Marques was arrested at his home on 16 October. Two days earlier, on 14 October, he was accused of defaming President Eduardo dos Santos, for having referred to him as a dictator in a 3 July article published in “Agora” newspaper. The article entitled, “The Lipstick of Dictatorship”, said that dos Santos was “responsible for the destruction of the country and the promotion of corruption”.
For the first ten days of his detention, Marques was held incommunicado, and neither his lawyer nor relatives were allowed access to him.
On 25 November, Marques was informed of the charges against him and released from prison after spending forty-one days in jail in Luanda.
Marques has been charged with defamation of the head of state, President dos Santos, and the attorney general, Domingos Kulolo, and injuria to the position of the head of state and to the
attorney general. It is not clear why the attorney general has also been included in the charges.
Marques was released on bail of US$80. The conditions attached to the bail are that he may not leave the country and he may not “participate in any activities related to crime”.
Recommended Action
Send appeals to the president:
– strongly protesting the charge of defamation of the president facing Marques
– pointing out that numerous court judgments 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, of which Angola is a signatory
– calling on the president, as the apparent complainant in this case, to immediately withdraw the charges against Marques
Appeals To
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.
