(MISA/IFEX) – The government of Angola has proposed that the current Press Law of Angola be reviewed. On 5 November 1999, Information Minister Hendrik Vaal Neto said that a commission representing all sectors – specifically the independent print media – would be called on to look into the issue. **Updates IFEX alerts on the Marques […]
(MISA/IFEX) – The government of Angola has proposed that the current Press
Law of Angola be reviewed. On 5 November 1999, Information Minister Hendrik
Vaal Neto said that a commission representing all sectors – specifically the
independent print media – would be called on to look into the issue.
**Updates IFEX alerts on the Marques case of 3 November, 2 November, 28
October, 22 October, 20 October, 19 October, and 18 October 1999**
In reaction, the Angolan Journalists Union (SJA) cautiously welcomed the
move. The union said the initiative contributed towards the dialogue that
the SJA and other genuine professional organisations had always called for
from its partners in government. It expressed the hope that the initiative
would open an era of permanent dialogue and, above all, an era of the
supremacy of the law as the foundation for this relationship.
At the same time, however, the SJA expressed reservations about what it
described as “a task whose final objective and content lack clarity and
final understanding.” As such, the SJA has made a formal request for a
meeting with the information minister to present the concerns of its
members.
“These concerns revolve mostly around the perspective, scope, freedom of
expression and efficiency of the process set in motion by the minister’s
announcement,” the SJA said in a statement.
The SJA also demanded the immediate release of its colleague, Rafael
Marques, and the dropping of all cases against journalists based on the 1978
Law of Crimes against the State, which it described as a law that was
“politically, historically and morally outdated.”
Meanwhile, Marques remains in prison in Luanda. MISA sources say he has been
receiving regular visits from his lawyer and family, but that there is still
no indication as to when he will be charged. A habeus corpus application,
made several weeks ago, remains bogged down in the High Court with no clear
indication as to when a ruling will be made on this.
A recently returned delegation from the Open Society Initiative, of which
Marques is the Angolan representative, reported that the Angolan authorities
were adamant to proceed with prosecution against Marques.
Background Information
Journalist Marques was arrested at his home on 16 October. Two days earlier,
on 14 October, he was accused of defaming President dos Santos for having
referred to him as a dictator in a 3 July article published in “Agora”
newspaper. 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”.
For the first ten days of his detention, Marques was held incommunicado, and
neither his lawyer nor relatives were allowed access to him. On 26 October,
the attorney general (AG) officially refused a bail application by Marques.
The state is apparently considering charging Marques under Angola’s
notorious Law 7/78, also known as the Law on Crimes Against State Security.
Law 7/78 violates Article 35 of the 1992 Angolan Constitution, which
guarantees the right to freedom of expression. However, the absence of a
functioning Constitutional Court in Angola means that Law 7/78 cannot be
challenged at this time. The charge against Marques carries a two to eight
year prison sentence.
Apart from not having been charged yet, Marques’ detention has gone over the
fifteen-day legal limit the state is allowed to detain someone without
bringing them to trial. Marques has been in detention now for thirty-two
days.
Recommended Action
Send appeals to the president:
demanding his immediate release either unconditionally or on bail
it is passed the fifteen-day deadline which allows the state to legally
detain someone without bringing them to trial
complied with and that the rights of the detainee are upheld with respect to
Marques
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.
