Continued detention of two journalists

(IFJ/IFEX) – IFJ is disturbed by the continued detention of Elias Hounkaly and Agbeko Amewouho. They were arrested on 6 August 1998, and 10 November 1998 respectively. **Updates IFEX alerts of 17 November and 11 August 1998** According to IFJ’s information, both these journalists are being held for press offences. However, their cases have not […]

(IFJ/IFEX) – IFJ is disturbed by the continued detention of Elias
Hounkaly
and Agbeko Amewouho. They were arrested on 6 August 1998, and 10
November
1998 respectively.

**Updates IFEX alerts of 17 November and 11 August 1998**

According to IFJ’s information, both these journalists are being held
for
press offences. However, their cases have not been conducted in
accordance
with the rules of the Law on the Press.

Under the new Law on the Press 1998, a journalist who is convicted of
defamation can be sentenced to a three month suspended prison sentence
and a
fine of 500,000-1,000,000 CFA (approx. US$840 – US$1,680). This is a
great
improvement on the 1990 law which provided for a sentence of five years
in
prison for those who defamed the President. However, the continued
detention
of Hounkaly and Amewouho makes a mockery of these changes.

These journalists have been held without respect for the legal time
limits
which guarantee their rights whilst in detention. Neither the
forty-eight
hour limit for police custody, and the ten day limit on detention after
meeting the Investigating Magistrate has been respected. The IFJ, whilst
not
commenting on the validity of the original charges, considers this abuse
of
the law on defamation to amount to an attack on press freedom in Togo.

Any improvement in the laws of a country are invalidated if they are not
put
into practise. The continued detention of these journalists sends a
signal
that once arrested, journalists cannot depend on legal safeguards to
protect
them.

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