The following is a MISA statement in reference to the trial of journalist Rafael Marques, a case of landmark significance: STATEMENT ISSUED BY THE MEDIA INSTITUTE OF SOUTHERN AFRICA (MISA) ON FRIDAY, MARCH 17, 2000 The following statement appeals to the presiding magistrate over the trial of journalist, poet and Open Society – Angolan Chapter […]
The following is a MISA statement in reference to the trial of journalist Rafael Marques, a case of landmark significance:
STATEMENT ISSUED BY THE MEDIA INSTITUTE OF SOUTHERN AFRICA (MISA) ON FRIDAY, MARCH 17, 2000
The following statement appeals to the presiding magistrate over the trial of journalist, poet and Open Society – Angolan Chapter human rights activist Rafael Marques. On October 16, Marques was arrested and later charged under the Angolan Press Law for Defamation of the President. The charge concerns views that Marques expressed in a newspaper article and radio interview. MISA considers the trial to be a case of landmark significance as it challenges the validity of the
notorious Angolan Press Law.
On Tuesday, March 21, Marques is scheduled to stand trial on account of the above mentioned charge. The statement follows:
(For further background on the case please refer to previous Angolan Action Alerts.)
To: The Honourable Magistrate of the Public
Topic: Trial of journalist Rafael Marques Morais
The Media Institute of Southern Africa (MISA) would like to express its pressing concern over the trial of journalist and human rights activist Rafael Marques Morais, which is scheduled to take place on March 21, 2000. In addressing this concern, we do not intend to single out the individual accused nor is it our intention to condemn the offices of the President. Our concern reaches for the greater cause of democracy, and the flourishing of our sister nation Angola.
MISA would like to make it clear that the most delicate and tarnished victim of the disquieting events surrounding this trial is the Constitution of Angola. On October 16, Marques was arrested,
detained, and later charged with Defamation of the President under the previously repealed Angolan Press Law of 1978. The charges were based on opinions stated in a newspaper article and radio interview in which Marques exercised his right to freedom of expression, as vested in Articles 32 and 35 of the Constitution of Angola. If the charge of Presidential Defamation condemns a citizen who has expressed himself openly and under the assumed protection of that right, then the charge of Presidential Defamation condemns the rights contained in the Constitution itself.
MISA also reminds Your Honour that Marques’ immediate detention on October 16, 1999, which lasted for 41 days, violated Article 38 of the Constitution of Angola, which states the right of anyone arrested to be brought before a judge so that the court can decide on the lawfulness of detention. MISA views this as an act in defiance of legal procedures against a citizen’s freedom of expression. The incident has not only led us to question the capacity of the President to hold a sober ear to the voice of criticism, but questions his adherence to constitutional, legal process.
The final and most compelling issue at hand is the constitutional violation that could possibly take place, by virtue of the existence of the Angolan Press Law, on March 21, 2000. According to the Angolan Press Law, the charge of Defamation of the President does not provide an opportunity for a sound defence based on truth, public interest and malicious intent. It is an outright derogation from Article 36 (1) of the Constitution of Angola specifying that “all accused shall be guaranteed the right to defence”. MISA strongly urges Your Honour to take the opportunity on March 21 to rule in favour of the constitution and put an end to a relentless sequence of human rights abuses that have painted a grim picture of democracy in Angola.
Notwithstanding the obvious flouting of Article 36 of the Constitution of Angola, we also wish to argue for the basic principle that a trial is not a trial without a defence. In the history of all
democratic societies, even the guiltiest criminals have been entitled to a defence.
In regard to democratic principle, MISA wishes to retrace other derogations which are not any less significant:
… The failure of His Excellency dos Santos to utilise the broad array of democratic options to counter the alleged defamation. These include but are not limited to: media retraction, media statements, and other actions involving the right of reply;
… Numerous court judgements 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;
… The detention and charging of the defendant 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;
… The detention and charging of the defendant further derogates from Article 21 of the Constitution of Angola which acknowledges that Angola’s “fundamental rights shall be interpreted and incorporated in keeping with The Universal Declaration of the Rights of Man and The
African Charter of the Rights of Man and Peoples”.
MISA feels that Tuesday’s trial is of paramount importance for the livelihood of democracy in Angola. We find Your Honour’s decision on March 9 to hold an open hearing on this case highly commendable. We close this statement with the firm belief that we share a common hope: that the Constitution of Angola will cease to be defamed and democratic principle will ultimately prevail.
Yours sincerely,
Jeanette Minnie
Regional Director
The Media Institute of Southern Africa
