Mozambique: Media barred from covering libel trial
On 28 March 2005, the Maputo City Court's eighth section, in an unprecedented move, decided to bar the media from covering a libel case involving one of six men sentenced to long prison terms in January 2003 for the murder of Mozambique's foremost investigative journalist, Carlos Cardoso. The case is of great public interest since it pits Attorney General Joaquim Madeira against Momad Assife Abdul Satar (also known as "Nini"). Madeira has alleged that Satar libelled him in open letters published in the weekly "Demos".
IFEX - News from the international freedom of expression community
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ALERT - MOZAMBIQUE
30 March 2005
Media barred from covering libel trial
SOURCE: Media Institute of Southern Africa (MISA), Windhoek
(MISA/IFEX) - On 28 March 2005, the Maputo City Court's eighth section, in
an unprecedented move, decided to bar the media from covering a libel case
involving one of six men sentenced to long prison terms in January 2003 for
the murder of Mozambique's foremost investigative journalist, Carlos
Cardoso.
The case is of great public interest since it pits Attorney General Joaquim
Madeira against Momad Assife Abdul Satar (also known as "Nini"). Madeira has
alleged that Satar libelled him in open letters published in the weekly
"Demos".
On 28 March, journalists were told that the judge presiding over the case
had decided that the trial would be held "behind closed doors", and said "it
is secret." The ban not only affected journalists, but also the public at
large. Only those who were directly involved in the trial were allowed into
the courtroom.
None of the court officials approached by journalists could explain the
legal basis for the secrecy of the trial. In principle, trials are public
matters in Mozambique. Judges can close courts to the public in sensitive
cases, such as those involving rape, in order to protect the victim.
Madeira claims that Satar made untruthful allegations regarding the attorney
general's role in the Cardoso murder case. One of the accused is businessman
Nyimpine Chissano, the oldest son of former president Joaquim Chissano.
Satar claims that Nyimpine Chissano paid to have Cardoso murdered. Although
Satar admitted to having paid the equivalent of US$46,000 to Anibal dos
Santos Junior (also known as "Anibalzinho"), the man who organised the death
squad that carried out the assassination, he claims that the money was
actually a loan to Nyimpine Chissano. Chissano has vigorously denied this
allegation.
Prosecutors have been investigating the allegations against Nyimpine
Chissano since late 2002. Satar is accused of having defamed Attorney
General Madeira by alleging that Madeira was obstructing the case and
therefore protecting Nyimpine Chissano.
Madeira's office has denied this claim, pointing out that the case is not in
the attorney general's hands but is being dealt with by a Maputo City
prosecutor.
BACKGROUND:
In 1999 and 2000, Cardoso, Mozambique's most famous journalist, was
investigating a prominent family's role in the nation's largest banking
scandal. After receiving threats, he was assassinated in November 2000 (see
IFEX alerts of 25 January 2005, 4 June and 12 May 2004, 21 November, 31 and
30 January 2003, and others).
"Anibalzinho" was tried in absentia for leading the death squad that
murdered Cardoso and was sentenced to 28 years and six months in jail. The
other five suspects were sentenced to a minimum of 23 years in jail each. In
addition, the court ordered the six to pay 14 billion meticais (approx.
US$588,000 at the time of the trial) in compensation to Cardoso's two
children.
In 2002, MISA lauded Judge Augusto Raul Paulino, who made judicial history
in Mozambique and internationally by allowing full media coverage of the
Cardoso case court proceedings. It was the first time in Mozambican history
that the media was allowed to bring cameras and recording equipment into the
court, a freedom that surprised even the media itself.
For further information, contact Zoé Titus, Programme Manager, Media Freedom
Monitoring, MISA, Private Bag 13386 Windhoek, Namibia, tel: +264 61 232 975,
fax: +264 61 248 016, e-mail: [email protected], Internet:
http://www.misa.org
The information contained in this alert is the sole responsibility of MISA.
In citing this material for broadcast or publication, please credit MISA.
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