Sierra Leone: IPI concerned over criminal prosecution of newspaper editor

IFEX - News from the international freedom of expression community
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ACTION ALERT UPDATE - SIERRA LEONE

19 March 2004

IPI concerned over criminal prosecution of newspaper editor

SOURCE: International Press Institute (IPI), Vienna

**Updates IFEX alerts of 14 and 9 October 2003**

(IPI/IFEX) - The following is an IPI letter to President Tejan Kabbah, copied to
the minister of information:

H. E. Tejan Kabbah
Office of The President
State House
Freetown, Sierra Leone

Fax: +232 22 231404

Minister of Information
Youyi Building, 9th Floor
Freetown, Sierra Leone

Fax: +232 22 231404

Vienna, 19 March 2004

Your Excellency,

The International Press Institute (IPI), the global network of editors, leading
journalists and media executives in over 120 countries, is deeply worried by the
criminal prosecution of Paul Kamara, the editor of the For Di People independent
newspaper.

According to information provided to IPI, Kamara is being prosecuted on two
counts of "seditious libel" against Your Excellency. The charges against Kamara
arise from a 3 October article in For Di People titled, "Kabbah a True Convict",
that stated Your Excellency was found "guilty" by a Commission formed to inquire
into alleged fraud in the Sierra Leone Produce Marketing Board. Apparently, Your
Excellency was a Minister of Trade permanent secretary at the time the alleged
fraud occurred.

Rebutting the allegations against Your Excellency the speaker of Parliament
Justice Edmond Cowan argued that the phrase "convict" was inappropriate because
the finding of guilt was made by a commission of inquiry and not by the high
court. For Di People subsequently published the Commission's report verbatim.

On 11 October 2003, Kamara was arrested. Bail was set at approximately US
$21,400, but, unable to meet the bail conditions, Kamara was forced to remain in
the Padema Road prison in Freetown. He was later allowed to go free.

With regard to the on-going case, IPI is of the opinion that if allowed to
continue it will only serve to bring Sierra Leone criminal law and the 1991
Constitution into disrepute. This is because of Your Excellency's involvement
both as a complainant in the trial and as the constitutional head of the
country. Indeed, it is IPI's strongly held view that the conflict between these
two roles seriously jeopardises Kamara's right to a free and impartial trial.

Having due regard to Sierra Leone's sub judice laws, IPI does not propose to
deal with the substantive facts of Kamara's case at this time, however, it does
wish to point out a number of possible problems arising from the Constitution.

First, section 64 of the Constitution affirms that Your Excellency is
responsible for the direct appointment of the attorney general and the minister
of justice. Moreover, under section 66, the president, on the advice of the
Judicial and Legal Services Commission, and subject to the approval of the
parliament, appoints a director of public prosecutions.

Given Your Excellency's involvement in these appointments, IPI believes that
there is the fair assumption of a conflict between Your Excellency as the
complainant and the ability of the appointed individuals to carry out their
duties. With this in mind, IPI would remind Your Excellency that justice in the
case of Kamara should not only be done but should also be seen to be done. Under
the present circumstances, IPI views it as highly unlikely that this presumption
can be met in Kamara's case.

On the question of a possible pardon under section 63 of the Constitution, IPI
feels there is further potential for conflict. Section 63 states, "The President
may, acting in accordance with the advice of a Committee appointed by the
Cabinet over which the Vice-President shall preside" grant a pardon to a
convicted person. Once again, the involvement of Your Excellency in both the
trial and the pardoning procedure represents a severe conflict, particularly
when considering the fact that you are also responsible for choosing the
vice-president.

As a consequence, Kamara will face Your Excellency's accusations in a legal
system where the highest legal officials have been chosen by Your Excellency and
where the final procedures are also governed by Your Excellency's appointees.
IPI believes that this places Kamara in an intolerable legal position.

IPI therefore calls on Your Excellency to withdraw the charges against Kamara
and to discontinue the case. By doing so, you will be affirming the independence
of Sierra Leone's criminal law and the Constitution.

Yours sincerely,

Johann P. Fritz
Director

RECOMMENDED ACTION:

Send appeals to authorities:
- calling on the president to withdraw the charges against Kamara and
discontinue the case

APPEALS TO:

H. E. Tejan Kabbah
Office of The President
State House
Freetown, Sierra Leone
Fax: +232 22 231404

Minister of Information
Youyi Building, 9th Floor
Freetown, Sierra Leone
Fax: +232 22 231404

Please copy appeals to the source if possible.

For further information, contact IPI at Spiegelgasse 2/29, A-1010 Vienna,
Austria, tel: +43 1 512 90 11, fax: +43 1 512 90 14, e-mail: Michael Kudlak at
[email protected], Diana Orlova at [email protected], or David Dadge at
[email protected], Internet site: http://www.freemedia.at

The information contained in this action alert update is the sole responsibility
of IPI. In citing this material for broadcast or publication, please credit IPI.
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