17 Nov 2010 | Egypt, Middle East and North Africa
Online free expression activists around the world are rejoicing at the news that jailed Egyptian blogger Kareem Amer has been freed and had returned to his family’s Alexandria home. Amer won the Hugo Young Award for Journalism at the Index on Censorship Freedom of Expression awards in 2007.
Amer’s four-year jail sentence actually ended on 5 November, but the Egyptian authorities held on to him for nearly two weeks extra — prompting protests from Amnesty International and others. The Egyptian government — which grants itself sweeping powers under the so-called “emergency laws”— has a history of acting in defiance of its own judiciary. This includes openly ignoring court-ordered releases, or releasing a suspect and then immediately re-arresting him.
So the delay in Amer’s release had supporters worried that the police would simply keep him indefinitely.
Amer was sentenced to four years in prison in 2007, having already served two years in custody, for a package of charges that include insulting Islam, encouraging sedition and defaming President Hosni Mubarak.
His crimes: a series of blog posts that bluntly expressed his atheist beliefs and his criticism of the state of Islamic discourse. His case has already prompted a long-running solidarity campaign by supporters who consider him a “political prisoner”“, guilty of nothing more than thought crime.
Amer has made no public statements since his release. According his supporters, he has requested a bit of quiet and privacy with his family. It remains to be seen whether he will renew his writings, or whether the Egyptian police — particularly the notorious Alexandria contingent — will leave him alone.
4 Nov 2010 | Uncategorized
On 29 October, journalist José Alejandro Godoy, became the first blogger in Peru to be convicted on defamation charges. Judge Flor La Rosa sentenced the author of political blog Desde el Tercer Piso (From the Third Floor) to a three-year suspended prison sentence, a fine of 300,000 soles (£65,000), and 120 days of social work. His crime? Ironically referring to a powerful politician as a “political jewel”.
Jorge Mufarech — a minister during Alberto Fujimori’s government (1990-2000) — initially launched legal action against Godoy in August 2009, after the blogger published an article that included links to criminal allegations levelled against Mufarech by other media sources. The article reported accusations that he had threatened another politician, Julio Arzibu. The controversial links appeared only in the first paragraph of the piece, and Godoy claims were included simply to contextualise the piece.
Godoy allowed Mufarech right of reply, publishing a letter from the former congressman and his own subsequent response, which explained why he thought the links were justified. But despite this, the politician claimed one million dollars in compensation for defamation.
Godoy had merely referred to Mufarech’s public past, so it came as a surprise when Flor La Rosa, in reference to the “political jewel” remarks, condemned the journalist for a “systematic campaign of defamation”. A completely different legal argument to that originally brought by the politician. It is hard to imagine what the ruling would be if Godoy had called Mufarech something really insulting.
It is worth noting that the judge is affiliated to APRA (American Popular Revolutionary Alliance), the political party at the head of the Peruvian government and Desde el Tercer Piso is well-known for its government criticism. Godoy will of course appeal the court’s decision. His lawyer, Roberto Pereira, has said that the lack of legal substantiation and the excessive nature of the sentence constitute a blow against press freedom, unprecedented in the country’s history.
Peru is holding elections in April 2011. This case represents a danger to free expression at a time when it is more important than ever. In the words of José Alejandro Godoy, “everyone, not only me, could be a victim of an absurd ruling like this one.” Mufarech has a history of defamation complaints — Susana Villarán, who is likely to be the next mayor of Lima, is currently under investigation — but this is the first defamation case Mufarech has won. So who will be next, Mr Mufarech?
Angel Garcia Catala works for free expression monitor Instituto Prensa y Sociedad (IPYS)
14 Oct 2010 | Index Index, minipost, News and features
A Congolese journalist who was arrested on 7 October has been charged with defamation. Kasereka Taipa, who works for local radio station Moto Oicha, and also reports for radio Victoire Horizon, had accused the national intelligence agency (ANR) of levying a tax on anyone wanting to build a permanent structure. After being detained at ANR regional headquarters for four days, Taipa has now been released. His trial begins on 15 October.
23 Sep 2010 | Index Index, Middle East and North Africa, minipost
A judge who was suing two activists and a blogger with defamation, blackmail and “abuse of the Internet service” has withdrawn the lawsuit. Gamal Eid of the Arabic Network of Human Rights Information (ANHRI), Ahmed Seif El Islam Hamad of the Hisham Mubarak Law Centre (HMLC) and blogger Amr Gharbeia reached an out-of-court settlement with Judge Abel Fatteh Murad on 18 September. The trial date was originally set for July, but hearings were postponed five times. The three men agreed to withdraw a complaint accusing the judge of plagiary.
