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Amnesty International: Journalists Charged With Offending The Honor Or Prestige Of The Head Of State |
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ISSUE 266
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London, UK, February 19, 2007 – Journalists Yusuf Abdi Gabobe and Ali Abdi Dini were arrested at the office of the Haatuf Media Network in Hargeisa on 2 January. They were transferred to Mandera prison, 70km east of the Somaliland capital, Hargeisa, on 3 February. Their trial, which was due to start on the same day, has apparently been postponed. A third man, Mohamed Omar Sheikh Ibrahim, who is also employed by the Haatuf Media Network, is still being held incommunicado without charge. His place of detention is now known to be Koodbur police station in Hargeisa. Ali Abdi Dini has been charged with “offending the honor or prestige of the Head of State”, “instigating soldiers to disobey the law” by means of the press, and “instigation to disobey the law”. Yusuf Abdi Gabobe has been charged with “resisting a public officer” during his arrest. The Haatuf Media Network had published a number of articles since November 2006, alleging corruption on the part of the President, Dahir Rayale Kahin, and his family. The trial of the two journalists, reportedly due to be held inside Mandera prison, has not yet started. One of their two defense lawyers was briefly detained, while the other withdrew in protest at the decision to hold the trial within the prison. Amnesty International has learnt that four students arrested last month while demonstrating peacefully against the arrests of the three journalists for the Haatuf Media Network are also being held in Mandera prison. They were sentenced to six months' imprisonment at an unfair trial by a secret “emergency court” in Hargeisa, without being granted the right to legal representation or the right to appeal against their sentence. Two other students arrested with them have been released. Two other men, writer Ali Dool Ahmed (also known as Ali Qoriolei), and Bo'aud, one of the former leaders of the Somali National Movement, were arrested in early February for distributing leaflets calling for the release of the three journalists. Bo’aud is believed to be still detained without charge in Hargeisa police custody. Ali Dool Ahmed was reportedly beaten by police when he was arrested, but was released on bail around 13 February. BACKGROUND INFORMATION The Republic of Somaliland declared independence from Somalia in 1991, but has not so far gained international recognition. It is the only part of the former Somali Republic to have peace, an elected government and a multi-party political system. The Haatuf Media Network was established in 2001 and publishes the daily Haatuf (the “Messenger“) - a Somali language newspaper - and two weekly newspapers in English and Arabic. It has frequently been critical of the Somaliland government. The Somaliland Press Law, which came into force in 2004, holds that complaints against the press are a matter for civil redress, and not criminal prosecution or the penalty of imprisonment. In this respect the Press Law supersedes the existing Penal Code, which had criminalized such cases. However, the Hargeisa Regional Court ruled on 13 January 2007 that the Haatuf journalists should be prosecuted under the Penal Code, with the result that they now face criminal charges and possible imprisonment. RECOMMENDED ACTION: - expressing concern at the continued detention of Yusuf Abdi Gabobe, Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim, and the reported intention of the authorities to hold the trial of Yusuf Abdi Gabobe and Ali Abdi Dini in Mandera prison; - renewing appeals for Mohamed Omar Sheikh Ibrahim to be allowed access to his relatives and to legal representation; - calling again for the immediate and unconditional release of Yusuf Abdi Gabobe, Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim as prisoners of conscience; - calling for the release of four students held in Mandera prison who were jailed by an apparently illegal emergency court, and for the release of Bo'aud, detained in Hargeisa police custody, as they were all detained on account of their peaceful protests against the journalists’ detentions; - calling for all those detained to be given fair trials in accordance with international standards. RECOMMENDED ACTION: - expressing concern at the detention of Yusuf Abdi Gabobe, Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim; - expressing concern at reports that Yusuf Abdi Gabobe is unwell, and urging the authorities to provide any medical treatment he may require; - urging the authorities to allow Mohamed Omar Sheikh Ibrahim immediate access to his relatives and to legal representation, and expressing concern that he is detained incommunicado; - calling for the immediate and unconditional release of Yusuf Abdi Gabobe, Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim, as Amnesty International believes they are prisoners of conscience, held solely for exercising their right to peacefully express their opinions in the course of their professional work as journalists; - requesting a guarantee that if the journalists are tried, the trial will conform to internationally recognized standards for a fair trial. APPEALS TO: President Fax: +252 213 8324 or +252 252 3848 Email: sl_victory@hotmail.com, sl_victory@yahoo.com Minister of the Interior Mr Abdillahi Ismail Shabeel c/o Ministry of Foreign Affairs or The Presidency [Ministry of Foreign Affairs: Fax: +252 828 3271 / 252-225-3871 , E-mail: slforeign@hotmail.com] Minister of Justice Mr Ahmed Hassan Ali Assowe, c/o Ministry of Foreign Affairs or Presidency Commander of the Somaliland Police Mr Mohamed Dubad Saqadi, c/o Ministry of Foreign Affairs or Presidency COPIES TO: UK : Mr Osman Ahmed Hassan, Representative of the Somaliland Government, Somaliland Mission, 102 Cavell Street, London E1 2JA, United Kingdom, Fax: +44 207 247 5336 USA : Mr Saad Sheikh Omar Nur, Representative of the Somaliland Government, Washington DC, USA Fax: +1 301 231 5990 , E-mail: snoor@sand.com ITALY : Mr Muhiyadin Ahmed Abdi Gabose, Representative of the Somaliland Government, Corso Unione Sovietica 465, Torino, Italy. Source: Amnesty International
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