Senegal
Senegalese editor imprisoned for defamation

afrol News, 16 April - The prison sentence of Mamadou Oumar Ndiaye, publication director of the Dakar-based weekly 'Le Témoin', for defamation has caused international protest. A September 2001 article in the newspaper had accused a school director of misappropriating funds.

In a letter to Justice Minister Basile Senghor, the French media watchdog Reporters sans frontières (RSF) has expressed concern following the sentencing of Mamadou Oumar Ndiaye. RSF, in a statement publsihed today, says the sentence is inappropriate in a defamation case.

- While not wishing to comment on the facts of the case, RSF recalls that a prison sentence with no parole for 'defamation' is viewed by international human rights bodies as 'disproportionate' to the harm suffered by the victim, stated Robert Ménard, the group's Secretary-general. 

The organisation underlined that United Nations Special Rapporteur for Freedom of Opinion and Expression, Abid Hussain, considers that "imprisonment as punishment for the peaceful expression of an opinion constitutes a serious human rights violation." 

According to information collected by RSF, the Dakar Regional Tribunal sentenced Ndiaye to four months' imprisonment with no parole and fined him two million CFA francs (approx. US$ 2,740 or 3,050 euros) for defamation. Ndiaye's lawyers however plan to appeal the decision. 

Victor Cabrita, director of the Sainte Marie de Hann Catholic school, had filed a complaint following the publication of an article in September 2001, which found fault with the administration of the school. Cabrita was notably accused of misappropriating funds. 

In its letter to the Senegalese governmen, RSF also recalled that Prime Minister Mame Madior Boye had taken legal action against journalists Ousseynou Nar Guèye and Cheikh Touré Guèye, publication director and computer graphics technician with the daily "Le Tract", respectively, for "insults to a member of the government" and "distribution of false news through the use of false or fabricated documents". The newspaper's 1 August edition featured a front-page photomontage of Madior Boye in a swimsuit.

According to RSF's annual report 2002, in Senegal, "on the whole, press freedom is observed." However, the fact that four journalists were arrested in 2001 and several assaulted "shows that this freedom is still fragile and must constantly be watched."

Sources: Based on RSF and afrol archives

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