Does the New Media Law of Ethiopia condone keeping accused journalists behind bars for the duration of a trial? A reflection on the recent ruling of the Federal Supreme Court
Posted: 12 September, 2022 Filed under: Zelalem Shiferaw Woldemichael | Tags: continued detention, Criminal Procedure Code, Ethiopian Human Rights Commission, Ethiopian People’s Revolutionary Democratic Front, federal judicial structure, Federal Supreme Court of Ethiopia, journalists, New Media Law, pre-trial detention, right to liberty of journalists, Temesgen Desalegn, unlawful Leave a comment
Author: Zelalem Shiferaw Woldemichael
PhD candidate, Melbourne Law School
The decision of the Federal Supreme Court of Ethiopia, rendered on July 28, 2022, to deny bail to Temesgen Desalegn, an editor of Feteh, a privately owned magazine, has put the potential of the New Media Law to end the repressive environment of the prior regime of the Ethiopian People’s Revolutionary Democratic Front, which subjected journalists and media personnel to multiple forms of human rights violations, including torture, arrest, and detention, into question. Perhaps, the case does not represent the only instance of the upholding of the continued detention of journalists by the judiciary after the expulsion of the previous regime and the coming into force of the New Media Law. On several occasions, courts have considered issues of bail of journalists and ordered the continuation of pre-trial detention. Apparently, the present case attracted huge public concern as the journalist was made to remain in custody by the decision of a judicial organ placed at the apex of the federal judicial structure, which renders final decisions on federal matters. The Supreme Court denied bail, accepting the objection of the public prosecutor, who argued that “keeping the accused behind bars was necessary so he could not continue spreading false rumours and leaking secrets through his writing.”
Of Tanzania’s cybercrimes law and the threat to freedom of expression and information
Posted: 25 May, 2015 Filed under: Daniel Marari | Tags: African Charter of Human and Peoples’ Rights, bloggers, criminal, Cybercrimes Bill, cyberlaw, democracy, democratic society, digital communication, electronic communications, European Court of Human Rights, European Union, freedom of expression, freedom of expression and information, human rights, human rights abuses, human rights defenders, information, international treaties, Jakaya Kikwete, journalists, privacy, right to privacy, Tanzania, Tanzanian Constitution, Universal Declaration for Human Rights 4 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
On May 8th, 2015 a press release revealed that the Tanzanian President, Jakaya Kikwete, has signed the controversial Cybercrimes Bill which seeks to criminalize acts related to computer systems and information and communication technologies and to provide for a system of investigation, collection and use of electronic evidence. The said law has serious implications for constitutional and international human rights, particularly freedom of expression and information online and the right to privacy. The most controversial provisions relate to criminalization of sharing of information, extensive police powers of search and seizure, surveillance without judicial authorization as well numerous vaguely defined offences.
It is important to note that that freedom of expression is one of the fundamental aspects of human life. As human beings, we need freedom to develop and share thoughts or ideas about things that happen and influence the way we live. Freedom of opinion, expression and information encourages free debate and plurality of ideas which is important for development of any society. More importantly, these rights are internationally recognised human rights. They are engrained in the Universal Declaration of Human Rights 1948 (art.19), the International Covenant on Civil and Political Rights, 1966 (art.19) and the African Charter on Human and Peoples Rights 1981 (art.9), all of which have been ratified by Tanzania.
Freedom of expression for a day in Eritrea
Posted: 11 November, 2014 Filed under: Thato Motaung | Tags: African Commission on Human and Peoples’ Rights, censorship, Crackdown, dissent, Eritrea, freedom of expression, human rights, imprisonment, impunity, International Day to End Impunity for Crimes against Journalists, intimidation, journalists, right to information Leave a comment
Author: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria
International Day to End Impunity for Crimes against Journalists: 2 November 2014
In a land where the right to freedom of expression and information is heavily curtailed, I sought to interview three exiled Eritrean journalists and allow them the space to freely express what they cannot in their country.
Why did you choose to become a journalist?
*Aman: “I used to be a development worker; I was taken to prison camps and three times I saw people tortured and killed. I started to write stories and post articles on what was happening…I became a journalist by accident – all I wanted to do was contribute to justice”.
Since Eritrea’s “liberation” from Ethiopia in 1991 and its international recognition as an independent sovereign state in 1993, the country gradually evolved into a nation rife with human rights abuses. Notably, the systematic attack on dissent of any form resulting in extrajudicial killings, torture, arbitrary arrests and indefinite incommunicado detentions.
What does freedom of expression mean to you?
Aman:” It is a symbol of democracy- the flow of information without fear or restrictions – the means to freely enlighten and educate”.
18 September 2001 was coined as the Eritrean government’s ‘Crackdown’ on all independent media, when it banned the entire private press by shutting down media houses. It also marked the end of dissenting voices at the political level. Eighteen journalists, as well as eleven political leaders were rounded – up and imprisoned incommunicado without trial. Their whereabouts are still unknown till today. Since then, more than 70 journalists have been detained at different periods in time.
Ethiopia’s Anti-Terrorism Proclamation and the right to freedom of expression
Posted: 30 August, 2013 Filed under: Patrick Griffith | Tags: African Commission on Human and Peoples’ Rights, anti-terrorism, Anti-Terrorism Proclamation, Article 19 of the ICCPR, Convention on the Prevention and Combating of Terrorism, Eskinder Nega, Ethiopia, European Parliament, human rights, journalists, opposition activists, Organisation for African Unity, right to freedom of expression, UN High Commissioner for Human Rights, UN Working Group on Arbitrary Detention, United Kingdom, United Nations 18 Comments
Author: Patrick Griffith
Programme Attorney, Freedom Now
On Wednesday 17 July 2013, members of the European Parliament’s Sub-committee on Human Rights visited Ethiopia and urged the government to release journalists and opposition activists imprisoned under the country’s Anti-Terrorism Proclamation No. 652/2009 (Anti-Terror Proclamation). The visit is an important reminder that despite widely hailed progress on poverty reduction, the Ethiopian government continues to punish free expression in violation of international law.
Eskinder Nega, an outspoken journalist and blogger who was sentenced to 18 years imprisonment in July 2012, is amongst those arbitrarily detained under the Anti-Terror Proclamation. In early 2011, Nega began writing and speaking publicly about the protest movements then sweeping north Africa. Although initially hesitant to draw direct parallels with Ethiopia, he was clearly supportive of the protesters abroad and critical of his government at home. He also consistently emphasised the importance of non-violence. But despite the clear protection of peaceful free expression under Article 19 of the International Covenant on Civil and Political Rights, to which Ethiopia is a party, the government reacted by prosecuting Nega as a traitor and terrorist.
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