I

n 2014, the Angolan government continued to stifle free
expression and media freedom by attempting to silence
critical journalists and activists by using criminal defamation lawsuits, unjustified arrests, trials, intimidation and
harassment.

FREE EXPRESSION AND THE LAW
Angolan government defying
international law, imprisoning
journalists on defamation charges
In December 2014, the African Court
on Human and Peoples’ Rights handed
down a powerful first judgment on press
freedom in Konaté v Burkina Faso, by
ruling criminal defamation laws cannot
include custodial sentences or sanctions
that are disproportionate, such as excessive fines. The court ordered Burkina
Faso to change its criminal defamation
laws and pay compensation to the applicant.
The judgment is binding on African
Union member States, yet the Angolan
government and authorities continue
to regularly use restrictive laws, such
as criminal defamation laws, to exert
control over the media and seek prison
sentences in these cases. Furthermore,
these cases and trials are frequently
characterised by irregularities and unjust proceedings.
For example, journalists Armando Chicoca and William Tonet each lodged appeals in 2011 against their convictions
for criminal defamation, yet in 2014
those appeals had still not been heard.
A long running case – also reported on
in the 2013 edition of So This Is Democ-

racy? – is that of investigative journalist
Rafael Marques De Morais. In January
2013, De Morais was charged with filing a false complaint against a diamond
mining company, private security company, and seven high-ranking generals
after he wrote the book - Blood Diamonds: Corruption and Torture in Angola.
The book describes human rights abuses
committed by Angolan military officials
and private security companies against
Angolan villagers during diamond mining operations. It contains details of
more than 100 killings and torture cases
against civilians and small-scale miners
at diamond mining fields in the Cuango
region in Angola.
It took a whole year for De Morais to received official details of the case, which
he received in January 2014. Then, in
July 2014, the seven army generals and
the diamond mining company Sociedade Mineira do Cuango filed criminal
libel charges against him, demanding
he pay a combined US$1.2 million in
damages. The case has been marked by
delays, irregularities and harassment,
not only toward De Morais but also witnesses.
The Angolan government is clearly targeting De Morais for exercising his fundamental right of freedom of expression
and they are using criminal defamation
laws to try to stop important human
rights reporting.
As of 24 March 2015, De Morais is
facing 15 libel charges, in addition to
the nine charges for criminal defamation arising from the book. De Morais
appeared in court on 24 March 2015,
where he was expected to face the original nine charges when his lawyers notified him of the additional charges.

So This is Democracy? 2014

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