RAPID ACTION NETWORK RAN 28/06 17 July 2006

Myamar: Four pro-democracy activists sentenced for publishing a book of poems.

The Writers in Prison Committee of International PEN protests the heavy sentences handed down to pro-democracy activists Aung Than, Zeya Aung, Maung Maung Oo and Sein Hlaing for publishing and distributing a book of poems. International PEN calls for their immediate and unconditional release in accordance with Article 19 of the United Nations Universal Declaration of Human Rights.
According to PEN's information, student activists Aung Than and Zeya Aung, and local businessman Maung Maung Oo, who owns of a desktop publishing company, were arrested with six others near the Thai-Burmese border town of Myawaddy on 29 March 2006. Textile printer Sein Hlaing was reportedly detained in late May 2006. They were all charged with publishing an 'anti-government' book of poems, associating with outlawed organisations, and illegally crossing an international boundary. The book in question is entitled Dawn Mann (The Fighting Spirit of the Peacock). The peacock is the symbol of the pro-democracy movement in Myanmar. The six others also detained in connection with the publishing of the book were freed after a brief detention.
Aung Than, Zeya Aung, Maung Maung Oo and Sein Hlaing were convicted by a criminal court in Pegu, north of Rangoon, on 9 June 2006. Aung Than and Zeya Aung were convicted under the Emergency Provisions Act and the Printers and Publishers Registration Act and each sentenced to 19 years in prison for writing the book; Maung Maung Oo and Sein Hlaing were convicted under the Printers and Publishers Registration Act for printing and distributing the book, and sentenced to 14 years and seven years in prison respectively. After the trial they were all transferred to Insein jail, Rangoon except Sein Hliang, who is still believed to be held in Pegu jail.

RAPID ACTION NETWORK Update RAN 17/06 16 July 2006

Turkey: Editor Hrant Dink Sentence under Article 301 upheld.

On 12 July 2006, a six month suspended sentence served against Hrant Dink, editor of the Armenian language Agos newspaper, was upheld by the Turkish Court of Cassation. He is accused of "insulting Turkishness" under Article 301 of the Penal Code, a law that came into force in June 2005 and that is in direct violation of international standards protecting the right to freedom of expression. This decision does not bode well for other writers and journalists who are also on trial under this law.
On 1 May 2006, Hrant Dink was handed down a six-month suspended prison term in October 2005 for articles published in 2004 entitled "The Armenian Identity" that included remarks deemed by the courts to be "insulting and ridiculing Turkishness".  Accused for an article in his newspaper on the relations between Armenians and Turks, Dink has repeatedly stated that his writings have been misconstrued and that his aim is to improverelations between Armenians and Turks. Dink's trial has been marked by violent incidents both within and outside the court room as right wing protestors attacked the defence team and international observers. In a public statement on the upholding of Dink's sentence, Oli Rehn, EU Commissioner for Enlargement expressed his disappointment at the result. There are several other cases of writers and journalists on trial under Penal Code
301, and this result does not bode well. Rehn urged the Turkish authorities to "amend Article 301 and other vaguely formulated articles in order to guarantee freedom of expression in Turkey.
International PEN is alarmed by the upholding of the sentence against Hrant Dink and fears that the decision will have a negative impact on the outcome of the cases of other writers and journalists charged under Article 301 of
the Penal Code which runs directly counter to the principles of freedom of expression as guaranteed under Article 19 of the Universal Declaration on Human Rights. It calls on the Turkish government to review this and other laws that allow for the prosecution  of writers, denying them the right internationally recognised rights.

RAPID ACTION NETWORK RAN 27/06 7 July 2006

Senegal: Journalist sentenced to six months for defamation.

The Writers in Prison Committee of International PEN is deeply concerned by the six-month prison sentence handed down to Moustapha Sow, publication director of the daily L'Office, in February 2006 and implemented on 29 June.
According to reports, the conviction for "defamation" stemmed from a slew of L'Office articles regarding businessman Bara Tall. L'Office claimed that Tall had been implicated in a trial for embezzlement at building sites in the town of Thiès.
Sow was convicted in February 2006 but only began his sentence when he was arrested by police on 29 June. He is currently detained at the Reubess detention centre.
The publication director of L'Office, has appealed against the sentence which allows for no possibility of parole.
International PEN calls for the immediate release of Moustapha Sow. PEN also urges the Senegalese authorities to remove all criminal libel and criminal defamation laws from the statute books.

RAPID ACTION NETWORK RAN 26/06 6 July 2006

Turkey: Author Elif Shafak , her Publisher and Translator Facing Trial.

Elif Shafak, a highly respected and best-selling author, is facing trial on charges of "insulting Turkishness" under the notorious Article 301 of the Turkish Criminal Code. Her publisher, Semi Sökmen of the Metis Publishing House,and translator Asli Bican are also facing charges. They are accused in connection with Shafak's book,  The Bastard of Istanbul. International PEN considers that Article 301 of the Turkish Penal Code falls foul of international standards that protect the right to freedom of expression and to which Turkey is a signatory. It urges that the court hearing the case takes this breach into consideration and reconsiders its decision to proceed with the case.
One month ago, on 7 June 2006, the Beyoglu Public Prosecutor in Istanbul dismissed proceedings launched against Shafak after hearing Shafak and Sökmen's argument that the book was a work of literature and it was therefore not appropriate for prosecution. They added that the book aimed to promote the culture of peace. However, in early July the Istanbul 7th High Criminal Court over-ruled the decision not to proceed, following a complaint filed by Kemal Kerincsiz, a member of a group of right wing lawyers known as the "Unity of Jurists" who have been active in the launching of prosecutions of numerous writers and journalists in recent months. The trial date has not yet been set.
Shafak's book tells the story of two families  one based in Istanbul, the other an exiled Armenian family living in San Francisco - who share a family secret dating from the early 19th century that continues to effect the lives of their daughters in the present. Originally written in English, the book was published by the Metis Publishing House in March 2006 and has since become a best seller. It is due to be published in English by Viking/Penguin.

Background
Elif Shafak was born in France and spent her childhood in Spain. After studying political science in Turkey, she held teaching positions in the United Kingdom, Turkey, and the United States. She is now Assistant Professor in the Dept. of Near Eastern Studies at University of Arizona. Her publications include both novels and essays, among them The Saint of Incipient Insanities, which was her first book published in English, Bit Palas, Mahrem, which won the Turkish Writers' Association Best Novel of the Year Award.

RAPID ACTION NETWORK Update RAN 25/06 6 July 2006

Democratic Republic of Congo: Journalist released on orders of procurator.

The Writers in Prison Committee of International PEN welcomes the 5 July 2006 release of Kazadi Mukendi (pen name Kazadi Kwambi Kasumpata), a correspondent for the weekly newspaper Lubilanji Expansion. Mukendi had
been sentenced in absentia to four months' imprisonment and a fine equivalent to about US$500 on 14 June 2006. Mukendi reported that he had been released on the orders of the national procurator.

Background
Mukendi was arrested on 20 April 2006 following criminal libel proceedings brought against him by the Protestant University of Congo (UPC). The university took issue with a 7 March Lubilanji Expansion article in which Mukendi claimed that there had been instances of financial irregularities and embezzlement at UPC. The journalist was transferred to Kinshasa prison (Centre Pénitentiaire et de Rééducation de Kinshasa) where he is still being held.
Although his provisional release on bail was ordered by intermediate court judge Nganda Fumabo on 24 May, the Kinshasa-Gombe prosecutor refused to execute the order. Three weeks later, Mukendi was sentenced in secret by a lower court. His lawyers were not informed. An appeal against his conviction was made on 24 June when it became known that he had been sentenced.

RAPID ACTION NETWORK RAN 25/06 29 June 2006

Democratic Republic of Congo: Journalist sentenced and detained illegally.

The Writers in Prison Committee of International PEN is dismayed at the continued detention of Kazadi Mukendi, a correspondent for the weekly newspaper Lubilanji Expansion. Mukendi - who writes under the pseudonym - Kazadi Kwambi Kasumpata  was sentenced in absentia to four months' imprisonment and a payment of a fine equivalent to about US$500 on 14 June 2006.
Mukendi was arrested on 20 April 2006 following criminal libel proceedings brought against him by the Protestant University of Congo (UPC). The university took issue with a 7 March Lubilanji Expansion article in which Mukendi claimed that there had been instances of financial irregularities and embezzlement at UPC. The journalist was transferred to Kinshasa prison (Centre Pénitentiaire et de Rééducation de Kinshasa) where he is still being held.
Although his provisional release on bail was ordered by intermediate court judge Nganda Fumabo on 24 May, the Kinshasa-Gombe prosecutor refused to execute the order. Three weeks later, Mukendi was sentenced in secret by a lower court. His lawyers were not informed. An appeal against his conviction was made on 24 June when it became known that he had been sentenced.
International PEN repudiates the irregularities both in the trial of Kazadi Mukendi and the refusal of the Kinshasa-Gombe prosecutor to carry out the order to release the journalist. PEN calls for the immediate release of Mukendi and the dropping of all criminal charges against him.

RAPID ACTION NETWORK UPDATE RAN 24/06 21 June 2006

China: Internet journalist Guo Qizhen charged with subversion; health concerns.


The Writers in Prison Committee of International PEN is seriously concerned about the detention of Internet writer Guo Qizhen, who has reportedly been held since 12 May 2006 on subversion charges for his critical writings and pro-democracy activities. Guo is said to be in poor health and held without access to adequate care. International PEN considers journalist Guo Qizhen to be detained in violation of Article 19 of the International Covenant on Civil and Political Rights, to which China became a signatory in 1998, and calls for his immediate and unconditional release.
According to PEN's information, cyber-dissident Guo Qizhen was arrested at his home on 12 May 2006 and charged with 'inciting subversion of state power' on 8 June 2006. His arrest appears to be linked to his participation in a rotating hunger strike which has been taking place by pro-democracy activists since 4 February 2006 to protest against human rights violations in China. The charges are believed to be based on his anti-government articles published online on overseas websites.
Guo is currently held incommunicado, and without access to his family, at Cangzhou detention centre No.2 in Hebei Province, central China. There are reports that he has a broken leg and is in a fragile psychological state, for reasons that remain unclear to PEN. The detention centre where he is held is said to lack the medical facilities required to give him adequate treatment.

RAPID ACTION NETWORK UPDATE RAN 18/06 18 June 2006

China: Journalist Yang Xiaoqing sentenced to one year in prison for his critical writings; health concerns.

The Writers in Prison Committee of International PEN protests the one-year prison sentence handed down to journalist Yang Xiaoqing on 15 June 2006 on extortion charges for his reporting on official corruption. International PEN considers journalist Yang Xiaoqing to be detained in violation of Article 19 of the International Covenant on Civil and Political Rights, to which China became a signatory in 1998, and calls for his immediate and unconditional release.
Yang Xiaoqing, a reporter with the Zhongguo Chanjing Xinwenbao (China Industrial Economy News), was arrested by the Public Security Bureau of Longhui County, Hunan Province, on 22 January 2006 after investigating and reporting the alleged corruption of Longhui County officials. According to Yang's wife Gong Jie, Yang received threats and intimidation by local officials prior to his arrest, and had been in hiding for several months.
Yang was accused of posting defamatory articles on the Internet after failing to extort up to 800,000 Yuan (US$100,000) from Longhui County officials. His detention is thought to be linked to two articles written in May 2005 alleging corruption in the sale of a state-owned company by county officials. According to his lawyer, the authorities have failed to produce any evidence to support the charges against him.
Yang Xiaoqing is held at the Longhui County Detention Centre, Hunan Province, where his health is said to have deteriorated significantly since his detention. He is said to have been diagnosed with Hepatitis B, and there are also reports that he is denied treatment for an undiagnosed growth.

RAPID ACTION NETWORK UPDATE RAN 17/06 16 June 2006

Turkey: Murat Belge acquitted - Trials Against Publisher Ragip Zarakolu and editor Hrant Dink continue.

On 8 June 2006, editor of the Turkish daily Radikal Murat Belge was acquitted of charges of attempting to influence the judiciary, and charges to a second article were dismissed. However the trials against editor Hrant Dink and publisher Ragip Zarakolu continue with next hearings due 4 July and 21 June respectively. PEN welcomes the acquittal of Murat Belge but remains deeply concerned that many other writers and journalists are still on trial.

RAPID ACTION NETWORK UPDATE RAN 14/06 14 June 2006

Gambia: Journalist released on bail but faces prison sentence.

The Writers in Prison Committee of International PEN welcomes the long awaited release on 12 June 2006 of The Independent reporter Lamin Fatty, but is dismayed that it was felt necessary to detain him for two months, that he was only released on bail, and that he still faces a possible prison sentence.
Fatty was arrested on 10 April 2006 in the wake of an article in The Independent regarding the supposed arrest of a number of alleged coup plotters. During his time in custody he has apparently had no access to a lawyer. His trial  in which he is to face charges under section 181 of the criminal code for publishing "false news"  is due to open on 22 June. If found guilty he faces a minimum sentence of six months' imprisonment. Meanwhile, The Independent has been off the streets since it was forcibly closed by security services on 28 March.

Background

Independent editor, Musa Saydikhan and managing director Madi Ceesay, were arrested on 28 March. The two journalists were released without charge on 20 April 2006. Several other members of staff were detained during the armed raid but released later the same day, also without charge. On 10 April, reporter Lamin Fatty was arrested at his home in the capital Banjul.
The raid and arrests were linked with an investigation into an alleged attempted coup which is said to have taken place on 21 March 2006. On 23 March, The Independent ran a piece that included a list of those reportedly arrested in connection with the coup plot. One of those named was former interior minister Samba Bah. The 27 March issue carried an article in which Bah refuted the assertion that he had been arrested. It is believed that the Gambian intelligence services arrested Saydikhan, Ceesay and Fatty in order to compel them to reveal the source or sources for the 23 March story.
The Independent has been the focus of repeated attacks, death threats, harassment and arbitrary arrests inrecent years. This state of affairs, coupled with the still unsolved murder of The Point editor Deyda Hydara in December 2004, has led to the independent press in Gambia working in a climate of fear and self-censorship.
International PEN calls upon the Gambian authorities to drop all charges against Lamin Fatty immediately and unconditionally, and to allow The Independent to publish with fear of harassment.

RAPID ACTION NETWORK UPDATE RAN 32/04 14 June 2006

Algeria: Mohammed Benchicou released.

The Writers in Prison Committee of International PEN welcomes the release from prison today of Algerian journalist Mohammed Benchicou.
According to reports received by International PEN, Mohammed Benchicou, director of the private daily newspaper Le Matin, was released today having completed a two-year prison sentence. Benchicou had received the prison term on 14 June 2004 after being found guilty of currency exchange violations but it is believed that the charge may have been used by the Algerian authorities as a pretext to silence the newspaper in the run up to the presidential election. During his detention Benchicou endured harsh prison conditions and did not receive the medical attention that he required despite his urgent medical needs.
Although International PEN welcomes the release of Mohammed Benchicou, it regrets that the journalist continues to have reportedly approximately 50 cases pending against him. Benchicou, along with approximately 20 other journalists in  Algeria,  repeatedly receive court summons from government officials for libel as a result of articles printed in their respective newspapers and PEN remains deeply concerned that the threat of imprisonment continues to be used by the Algerian government to stifle media criticism of government officials. PEN is also concerned that the Algerian authorities are witholding Benchicou’s passport from him.  PEN will continue to monitor the case of Mohammed Benchicou very closely and will alert the RAN network should any further action be required on his behalf.

Turkey: Writer Pinar Selek Acquitted

Today, 8 June 2006, writer and minority rights activist Pinar Selek was acquitted of involvement in an explosion in Istanbul in 1998, and had charges of links to the banned Kurdish Workers Party (PKK) dismissed. This ends an eight-year ordeal that has seen Selek imprisoned for two years, and allegations of torture, intimidation of witnesses and faulty evidence. A travel ban against her that has been in place since 1998 has been lifted. There are concerns, however, that the prosecution may take up the right to appeal against the acquittal. If the trial is indeed re-opened, PEN will resume its protests.
Present at the trial was International PEN Board Member, Eugene Schoulgin, and Maureen Freely and Alev Adil, both members of English PEN. They had also observed the first trial hearing against author Perihan Magden held
yesterday 7 June that was deferred to 24 July.