Support grows throughout the world for the two journalists in
Swaziland who were convicted of
contempt of court and may face up to 10 years in jail.
Bheki Makhubu, editor of the Nation
magazine and Thulani Maseko, a human rights lawyer who contributes to the small-circulation
monthly journal, wrote
and published articles critical of the Swazi judiciary and in particular
the Swaziland Chief Justice Michael Ramodibedi.
They
were convicted at the Swaziland High Court on Thursday (17 July 2014) and
are in jail awaiting sentence. Media
speculation in South Africa is that the pair could face up to 10 years in
prison.
Amnesty
International, which declared the pair ‘prisoners
of conscience’ after they were arrested in March 2014, said the verdict was,
‘a violation of international human rights standards as well as the Constitution
of the Kingdom of Swaziland’. It said in a statement
the pair were exercising ‘freedom of expression’.
It called for the immediate release of the men and
is urging
supporters to write to Swaziland’s Minister of Justice and Constitutional Affairs
Sibusiso Shongwe to protest, ‘the arbitrary arrests, unlawful detention and
impartial proceedings’ surrounding the trial.
Part of the letter
reads, ‘I urge Swaziland
authorities to protect, respect and fulfil the right of freedom of expression
for all people; to cease all harassment, intimidation and unlawful legal
proceedings against human rights defenders; and to ensure that the persons
responsible for such human rights violations are held accountable.’
The International Commission of Jurists (ICJ) in
a statement said, ‘The Court’s ruling and events that transpired before it
fall short of Swaziland’s international obligations to respect the rights to
freedom of expression and fair trial.’
It added, ‘The conviction of Thulani and Bheki shows that the law as
implemented in Swaziland does not adequately protect the right to freedom of
expression and that it unduly shields the courts from public scrutiny.’
The ICJ statement continued, ‘The ICJ and others have consistently raised concern that the
arrest of the two human rights defenders, their detention and proceedings
against them were inconsistent with international standards.
‘The legality of the arrest, detention and charges against
Thulani Maseko and Bheki Makhubu were successfully challenged before High Court
Judge Mumcy Dhlamini, resulting in their release from custody for two days.
‘However, the men were rearrested and
detained when the State appealed Judge Mumcy Dhlamini’s ruling. But were
retained in custody when the two had cross-appealed that decision.
‘Their trial was also
been characterized by numerous, often-long postponements.’
The Robert
F. Kennedy Center for Justice and Human Rights, based in Washington, said
that during the trial, ‘the presiding judge disallowed much of the defense
testimony and reserved judgment on sentencing “indefinitely,” meaning the two
will remain behind bars for the foreseeable future and raising further
questions about the independence and fairness of Swaziland’s judicial system’.
Kerry Kennedy, President of the Robert F. Kennedy Center, said in a statement,
‘This arbitrary decision makes a mockery of justice and deals a severe blow to
freedom of expression in Swaziland. King Mswati III must act swiftly to
reaffirm the rule of law in his country and to ensure that his citizens’
fundamental human rights are protected.’
King Mswati rules Swaziland as sub-Saharan Africa’s last absolute
monarch and appoints the judges in his kingdom.
Santiago A. Canton, Executive Director of Robert F. Kennedy partners for
Human Rights, said, ‘A judicial system that is ready to deny freedom of
expression to shield itself from criticism cannot legitimately claim to be administering
justice.’
Canton added, ‘Public officials, such as judges and magistrates, by the
very nature of their position should be freely scrutinized by the population.’
Sue Valentine,
Africa Program Coordinator of the Committee
to Project Journalists (CPJ) in Cape Town, said,
‘[The] ruling is an indictment of the thin-skinned Swazi judiciary that serves
a monarch and denies citizens the basic right of freedom of expression.’
Freedom House, in Washington, called
the conviction a ‘show trial’. Jenai Cox, program manager for Africa
programs at Freedom House, said, ‘The judiciary has become an instrument of
repression, as King Mswati attempts secure his grip on power.’
See also
WHAT CONVICTED JOURNALISTS WROTE
COURT CONVICTS
EDITOR AND WRITER
EDITOR AND
LAWYER ‘FACE 10 YEARS JAIL’
http://swazimedia.blogspot.com/2014/07/editor-and-lawyer-face-10-years-jail.html
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