Media Institute of Southern Africa (Windhoek)
4 September 2008
press release
Three journalists working for "Zambeze" newspaper, an independent publication, charged for allegedly defaming the Prime Minister of Mozambique, Luísa Diogo, and of threatening state security, have been sentenced to 6 months in prison, converted to a monetary fine of 30 Mozambican Meticais (US$1.20). The ruling was made on 29 August 2008.
The court dismissed the state's request that the journalists be fined US$400,000.
"I don't think this (request) can be applied in a case like this", judge João Paulo Peixoto said.
Eduardo Jorge, the lawyer of the three journalists, told MISA-Mozambique that he is going to appeal the sentence saying he is not happy with it. According to the Mozambican Law, he has five days to make the appeal.
BACKGROUND:
The Mozambique High Court judge on 12 August 2008 ruled that the three journalists had a case to answer. The state charges the three and the newspaper threatened state security and defamed Prime Minister Luísa Diogo by questioning her nationality, insinuating the Prime Minister was Portuguese and not Mozambican.
The three journalists were charged together with their publication - which, according to the Mozambican Press Law is co-responsible. The trial was done behind closed doors. This raised suspicion and concern that the legal process was not being handled fairly as this matter should have been held in the normal court process, open to the public. The journalists and the newspapers were charged under Act number 19/91, of 18th August, known as "Law against State Security". Article 22 of the law says, "Defamation cases involving the President, the Prime Minister, Ministers, Supreme Court judges and members of the Constitutional Council constitute an attempt to the state security."
According to some Mozambican lawyers, this law is not in conformity with the Constitution adopted in 2004, especially on the rights of the media.
Updates the Veloso, Nhachote and de Carvalho cases: http://www.ifex.org/en/content/view/full/95591
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