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Guest post: “the Burundian diaspora will need to pick up signs, rally, blog, write letters to editors to educate the donors’ taxpayers” – Thierry Uwamahoro

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“Free Kavumbagu” cause makes its way to the Rally to Restore Sanity in Washington, DC – guest post by Thierry Uwamahoro

Yes, you saw right! That was a “Free Kavumbagu” sign among the thousands of other rally signs that either made you laugh or left you scratching your head as you attempted to understand what they meant or who their intended audience was.

This Saturday (10.30.10), hundreds of thousands of Americans flocked to Washington, DC to join a rally whose objective was to restore sanity in the discourse of American politics.

However, American politics are never too far from world affairs as the American people pride themselves in calling their President, the “Leader of the Free World”. As a Burundian residing near Washington, DC, I was drawn to think of a fellow Burundian – a journalist – who was not part of the “Free World” as the Rally to Restore Sanity went on.

Jean Claude Kavumbagu is an internationally-renowned journalist and human rights defender who has been unjustly arrested five times in this decade, but has never been found guilty. Today, he remains behind bars, despite promises by Burundian authorities and global calls for his release.

On July 17th, 2010, Jean Claude Kavumbagu was arrested and later jailed over an article that he published on his online journal “Net Press”. The article questioned the preparedness of the Burundian security forces, were the Somalia based militia Al-Shabab to attack Bujumbura (Burundi). The Burundian government considered the publication of such article “treason”, a charge that carries a life imprisonment sentence. Paradoxically, treason is an offense that Burundian law only recognizes when the country is at war due to external aggression. This is not the case today!

Last September, after meetings with some of Burundi’s highest officials, Omar Faruk Osman (President of the Federation of African Journalists) and his delegation left Bujumbura (Burundi) on a highly promising and optimistic note summed up in these words: “We agreed with the leadership of the country the urgency to resolve the case of Kavumbagu and our message was clear that was no longer a mere Burundian affair but an African and international press freedom case”.

Jean Claude Kavumbagu’s freedom has become a national, regional, continental and global issue. The Union of Burundian Journalists and the entire Burundian civil society, the East African Journalists Association, the East and Horn of Africa Human Rights Defenders Project, the Federation of African Journalists, Reporters Without Borders, FrontLine, the Committee to Protect Journalists, the International Federation of Journalists, Human Rights Watch; to name just a few – have all called for the release of Jean Claude Kavumbagu.

But all these calls have fallen on deaf ears. Mr. Kavumbagu has –this week – passed the 100 day mark behind bars in the notorious “Mpimba” prison, despite his constitutional rights to freedom of opinion and expression. The call for Kavumbagu’s freedom must not fade. This is no time to despair and quit.

But why carry the call to Washington, DC? This week, according to the journal Arc-en-Ciel, Washington hosted a high level delegation comprised of Burundian security apparatus heavyweights: the Director of military cabinet in the office of the President (Major General Evariste Ndayishimiye), the Minister of Internal Security (General Alain Guillaume Bunyoni) and the army chief of staff (Major General Godefroid Niyombare) alongside the top civilian advisor to the President. The delegation’s goal, according to trusted sources, was to promote greater cooperation between Bujumbura and Washington, and to secure funding for capacity building projects for Burundian securities forces.

If Washington and the American taxpayers are to fund these forces (the same forces that are carrying out the arrests of journalists), one can safely assume that Washington will have a greater voice in demanding that these security institutions improve their human rights record; or, at least, that should Washington voice any concern, Bujumbura would listen.

Ideally, a few months after celebrating our 48th independence anniversary, Burundians should not be expecting foreign powers’ coercion to be the safeguard to our freedoms. However, we have to be realistic. When a given government’s budget is financed at the tune of 70% by the international community, the perverse outcome is accountability to its donors (instead of its citizens). It is unfortunate! In the meantime, the Burundian diaspora will need to pick up signs, rally, blog, write letters to editors wherever they reside to educate the donors’ taxpayers. This Saturday, a few Americans learned of Burundi and of another name that they weren’t able to pronounce: Kavumbagu.

by Thierry Uwamahoro

Written by Richard Wilson

November 1, 2010 at 10:17 pm

Support Jean-Claude Kavumbagu – Guest blog for Index on Censorship

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From Index on Censorship, Free Speech blog:

While Burundi’s war criminals go unpunished, my friend faces “treason” trial over critical article, says Richard Wilson

What do you do when someone you love gets murdered in a distant country you know almost nothing about? A decade ago my sister Charlotte died in a massacre in the small Central African state of Burundi. In the years that followed I was consumed by a need to understand why she had been killed, who had been responsible, and what, if anything could be done to bring them to book. Only a handful of people in the world could help me. Almost all were journalists. One of them was Jean-Claude Kavumbagu, editor of Burundi’s Netpress news agency.

The information, advice and contacts Jean-Claude gave me proved vital when I came to write the book about my sister’s life and death, Titanic Express. With truth comes a certain kind of cartharsis. To the extent that one ever can, I’ve “moved on” from what happened. But I will always remain endebted to those who helped my family find answers, asking nothing in return but that we do what we could to focus attention on the outrages happening in their country.

Jean-Claude has been a thorn in the side of successive governments in Burundi, both Hutu and Tutsi. His views are often controversial, but there is no questioning the price he has paid for them. In 1999, a year before my sister’s death, Jean-Claude was arrested by the Tutsi-led regime of Pierre Buyoya and held for two weeks on charges of operating an unregistered newspaper. He was detained again in 2001 by the same regime, and accused of insulting the public prosecutor. 2003 saw the installation of a new, Hutu-led government, which loudly proclaimed its commitment to peace, democracy and human rights. Three months later, Jean-Claude was arrested yet again and charged with “insulting the authorities”.

Elections in 2005 saw a landslide win for the Hutu ex-rebel leader Pierre Nkurunziza, who has gained plaudits for his talk of “forgiveness” and “reconciliation”. Sadly, Nkurunziza has been markedly unforgiving of critical coverage by the independent media. While no serious efforts have been made to prosecute those responsible for the ethnic massacres that have plagued Burundi over the last two decades, in recent years dozens of independent journalists have been detained or threatened over their work.

[Click here for full article]

Written by Richard Wilson

August 14, 2010 at 11:05 pm

Posted in Censorship, Democracy

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V for Vendetta: “Don’t Get Fooled Again” cited in UK High Court defamation strike-out

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From the UK High Court, case HQ09X02688 (published by 5RB), March 2010:

THE CLAIM

2. Professor Bridle, who is the managing director of the Second Claimant company, brings this defamation claim against Mr Williams, a Health and Safety inspector employed by the Second Defendant, the Health and Safety Executive, (‘the HSE’) at the HSE’s offices in Cardiff. The claim is made in slander in respect of words allegedly spoken by Mr Williams, when acting in his capacity as an HSE inspector, on or about 24 July 2008, to representatives of the University of Wales Lampeter, Mr Cennydd Powell, the University’s Head of Estates, and his assistant Mr John Fowden.

3. The words complained of were that Professor Bridle “is not a real professor as he claims” and that Mr Powell and Mr Fowden (and by implication also the university and all other third parties generally) “should not believe a word that he says”. It is further said that in telephone conversations between Mr Williams and Mr Powell between 24 July and 31 July 2008, Mr Williams repeated to Mr Powell the alleged defamatory statements…

Summary of Defendants’ Submissions

…48. The Defendants submit that publications by the journalists referred to and by the author Richard Wilson in his book ‘Don’t Get Fooled Again’ contain far more serious allegations than those complained of in these proceedings. They are in permanent form, have received and continue to receive far wider publication and would inevitably have caused much greater damage to reputation than the alleged slander by an HSE inspector to the University’s estate manager and his assistant.

49. Richard Wilson’s book contains a Chapter entitled ‘Fake Experts and Non-Denial Denials’ which is almost entirely devoted to attacking Professor Bridle. It disparages his academic qualifications, and brands him as a ‘charlatan’ and a ‘liar’. An article in ‘The Guardian’ dated 30 June 2008 by Peter Wilby refers to Professor Bridle and Asbestos Watchdog in disparaging terms and suggests that his scientific credentials should be subject to careful scrutiny. A critical article suggesting that Professor Bridle was not a neutral expert and was linked to the Asbestos Cement Product Producers Association was published in CMAJ [ a scientific journal] by Kathleen Ruff on 22 December 2008. Critical comments have been published on a blog run by Richard Wilson in September 2008. Julie Burchill wrote an article critical of Professor Bridle and Christopher Booker in The Guardian on 2 November 2002.

50. It is therefore submitted that the incident giving rise to this claim is a peg on which Professor Bridle hopes to hang the next round of his campaign. It is submitted that he has been waiting for the opportunity to “get HSE in the dock” and this action is a contrived way of seeking that. It is submitted that were this action allowed to proceed it would also cause harassment and prejudice beyond that usually encountered in litigation…

CONCLUSIONS

…82. It is, I consider, apparent from the correspondence exhibited to the witness statements that the dominant motive in bringing the proceedings is to cause embarrassment and prejudice to the HSE because of the Claimant’s anger at the HSE’s refusal to accept his views on the subject in question. It is apparent from the evidence that Professor Bridle believes that a claim against the HSE will be likely to bring the debate about the difference in scientific views to a public forum more readily than a claim against an individual journalist would do. Thus I have concluded that, whilst I would not go so far as to characterise the claim as ‘vindictive’ in the same league as the claim in Wallis v Valentine, it does, in my view, fall into the category of a ‘vendetta’ as outlined in that case and in Bezant v Rausing.

83. I note particularly the fact that no defamation proceedings have been brought by Professor Bridle against any of the authors of some of the attacks made against him in the press, in the book by Richard Wilson and on the internet. The content of those publications are mostly in terms far more pejorative than the words alleged to have been spoken by Mr Williams, and will have had a much larger audience. The fact that such publications are widely available will inevitably put into issue the extent to which Professor Bridle’s reputation has been damaged by the alleged publication in this claim. I do not consider that Professor Bridle’s explanation as to why no such proceedings have been brought is credible when compared to the issue of these proceedings for words spoken in either a private meeting or a telephone conversation to either one or two persons (depending upon the evidence).

84. In the light of the lack of any convincing evidence as to why the HSE have been singled out for a claim, and the publishers of the publications referred to have not had proceedings brought against them, and on the basis of the evidence relied on by the Defendants, I have concluded that there is an improper collateral purpose to the claim against Mr Williams and the HSE, rather than simply vindication of reputation…

Accordingly the Defendant’s application for summary judgment and for strike out succeeds in its entirety.

*See also*: “Asbestos critic was ‘pursuing a vendetta’ against HSE”

Written by Richard Wilson

July 28, 2010 at 9:31 pm

Posted in Censorship, libel terrorism

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Independent breaks UK media silence over Trafigura trial in the Dutch courts

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With help from the newly-elected Green MP Caroline Lucas, The Independent  newspaper has taken a clear lead in the “Trafigura challenge” – the race to see which UK media outlet will be the first to report fully on the upcoming trial in the Dutch courts of the controversial oil company.

No UK newspaper or broadcaster has yet made any mention of  allegations made to Dutch prosecutors by Greenpeace – and widely featured in the Dutch media – that Trafigura and their law firm MacFarlanes sought to bribe witnesses in an earlier London court case. But the Independent has, by citing Caroline Lucas’ remarks, at least been able to reference the ongoing legal proceedings.

Under the Parliamentary Papers Act 1840, “correct copies” of any Parliamentary publication may freely be republished without fear of legal action, including, crucially, any action under the UK’s notoriously expensive and one-sided libel laws, which Trafigura has been ruthlessly exploiting.

In a message on Twitter last night, Caroline Lucas promised an “EDM [Early Day Motion] and PQs [Parliamentary Questions] to follow”, so with luck the UK press may soon have more opportunities to cover this story freely.

From The Independent

Caroline Lucas used her maiden speech to raise concerns that the British media are unable to fully report legal proceedings involving the commodities trading company Trafigura.

The Green MP pledged to use her new position in Parliament to raise the issue after legal claims were launched in the Netherlands against the company, which chartered the ship whose toxic sludge was illegally dumped in the Ivory Coast in 2006.

The Dutch-based oil trader caused outrage last year when a High Court injunction issued on its behalf had the effect of blocking coverage of parliamentary proceedings involving its activities. The “super-injunction”, obtained by the law firm Carter Ruck, was amended after it was accused of infringing the supremacy of Parliament by preventing the reporting of a question tabled by an MP. Politicians from all sides criticised the legal manoeuvre.

The law firm agreed to change the injunction and insisted there was no question that Trafigura had sought to gag the media from reporting parliamentary proceedings.

In her maiden speech to the House of Commons, Ms Lucas said she was still concerned that proceedings in foreign courts were not being reported in Britain. She said: “Last year honourable members from all sides of the House helped to shine a light on the actions of the international commodities trading group Trafigura, and the shipping of hazardous waste to the Ivory Coast.

“There was particular concern that the media in this country were being prevented from reporting the issues fully and fairly. This remains the case, for new legal actions concerning Trafigura have been launched in the Dutch courts and are being reported widely in other countries, but not here. And these are the kind of issues I would like to pursue.”

In unrelated proceedings, a court in Amsterdam is due to start hearing the trial next week of Trafigura for the alleged infringement of Dutch waste export laws relating to the Probo Koala, the chartered tanker whose waste was dumped at sites around the Ivorian city, Abidjan.

The company is accused along with the captain of the vessel, the municipal authorities in Amsterdam and a waste treatment company of breaking rules when the ship attempted to offload the waste in the Dutch city before it then departed for West Africa. The trial is expected to last five weeks.

Written by Richard Wilson

May 28, 2010 at 7:51 am

Trafigura and Macfarlanes deny bribing witnesses in toxic waste court case, threaten legal action against Dutch media

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Response to Volkskrant allegations, published on Scribd.com

Macfarlanes and Trafigura deny any involvement, whether direct or indirect, in what you describe as “bribery and influencing of witnesses”.

Not only would such conduct be grossly unethical, it would have been illegal and it would certainly have constituted serious professional misconduct by Macfarlanes. The suggestion that this firm or one of its partners would involve itself in such misconduct is as absurd as it is defamatory.

Furthermore, for reasons we touch on below, even if Macfarlanes or Trafigura had been willing to misconduct ourselves in this way (which we were not), it would have been completely illogical and counter-productive for us to have done so given the circumstances of these events.

We note that you acknowledge that these allegations are extremely serious. We trust, therefore, that if you consider yourself to be a responsible journalist, rather than pursuing a pre-meditated agenda against Trafigura, you will consider your position very carefully before publishing allegations about Macfarlanes which are indeed very serious, malicious, gravely defamatory, false and completely inconsistent with the previous course of conduct between the parties.

You state in your email that these are similar to allegations made last year. For the record, those allegations were also wholly without foundation. Indeed, they were formally withdrawn by the Claimants and their solicitors, Leigh Day & Co, in the Abidjan Personal Injury Group Litigation proceedings in September 2009.

Given your misapprehension of the true position and the fact that, regrettably, certain individuals have chosen to provide you with dishonest and malicious allegations, it is important that we address your questions.

It is equally important that you carefully consider our responses and weigh up how much reliance, if any, can be placed upon these false and malicious allegations.

In the event that you still decide to publish these allegations, we require you to ensure that you include our response to each allegation at the point in which it appears in the article.

You will appreciate that, given the seriousness and falsity of what you are seeking to allege, Macfarlanes and/or Trafigura will have no alternative but to commence legal proceedings without further notice if your story does not comply fully with the basic principles of truth, balanced reporting and responsible journalism.

From Radio Netherlands Worldwide:

Greenpeace accuses Trafigura

The environmental organisation accuses the multinational of having influenced witnesses.

In the Netherlands, Greenpeace has filed a complaint with the public prosecution against the multinational Trafigura, accusing the latter of having influenced witnesses and also of forgery.

According to the environmental organisation, a group of drivers reported to be Ivoirian would have agreed with Trafigura not to report being ill as a result of transporting toxic waste for the multinational.

A spokesman for Greenpeace has confirmed that information which had been disclosed by Dutch television and the center-left daily De Volkskrant.

According to the Ivorian justice, dumping of toxic waste in Abidjan in August 2006, by the cargo Probo Koala, chartered by Trafigura from Amsterdam, had killed 17 people and poisoned thousands.

Written by Richard Wilson

May 18, 2010 at 7:49 am

Posted in Censorship

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Simon Singh: Osler case highlights need for prompt action by new government on Libel Reform

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Award-winning writer Simon Singh famously won a libel case earlier this year that had been brought against him by the British Chiropractic Association. Simon turned out today in support of Dave Osler, and gave me his thoughts on the wider issues highlighted by the case.

Written by Richard Wilson

May 13, 2010 at 12:15 pm

Posted in Censorship

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Support the Libel Reform campaign – Free speech is not for sale!

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Click here to support the campaign for freedom of speech in the UK

England’s libel laws are unjust, against the public interest and internationally criticised – there is urgent need for reform.

Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.

The law is so biased towards claimants and so hostile to writers that London has become known as the libel capital of the world. The rich and powerful bring cases to London on the flimsiest grounds (libel tourism), because they know that 90% of cases are won by claimants. Libel laws intended to protect individual reputation are being exploited to suppress fair comment and criticism.

The cost of a libel trial is often in excess of £1 million and 140 times more expensive than libel cases in mainland Europe; publishers (and individual journalists, authors, academics, performers and blog-writers) cannot risk such extortionate costs, which means that they are forced to back down, withdraw and apologise for material they believe is true, fair and important to the public.

The English PEN/Index on Censorship report has shown that there is an urgent need to amend the law to provide a stronger, wider and more accessible public interest defence. Sense About Science has shown that the threat of libel action leads to self-censorship in scientific and medical writing.

We the undersigned, in England and beyond, urge politicians to support a bill for major reforms of the English libel laws now, in the interests of fairness, the public interest and free speech.

More than 30,000 people have signed so far – click here to join them

Written by Richard Wilson

March 4, 2010 at 7:29 am

UK’s dysfunctional libel system strikes again? Newsnight feature on Trafigura disappears from BBC website

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UPDATE – The censored Newsnight feature on Trafigura may have disappeared from the BBC website, but it’s now all over Youtube…

The BBC lawyers may have caved, but you can still defy Trafigura – click here to find out how!

See also: Democracy under attack – Carter-Ruck persuades Commons Speaker that courts *can* ban the reporting of Parliament

In May, the BBC ran a feature on the oil company Trafigura, alleging “dirty tricks” over the dumping of toxic waste in the ivory coast. Shortly afterwards, Trafigura announced that they were sueing the BBC for libel.

The case has received very little media attention – a sign, perhaps, of the ongoing chill that Trafigura is managing to cast over the UK media – but it was mentioned again in this Guardian piece last month.

Until very recently, the Newsnight feature was freely available on the BBC’s website – but now it seems to have disappeared. It’s currently still available via Google cache, which indicates that it was on the site as late as lunchtime yesterday. Could of course just be a technical problem but it does look somewhat odd…

UPDATE 11/12/09 – The story has now been missing from the website for more than 24 hours – it’s starting to look more and more likely that  the piece has been spiked, and that the BBC – that most British of institutions – may now have become the latest victim of our country’s “rogue state” libel laws. In an ironic twist, it seems that the BBC’s lawyers chose international Human Rights Day as the moment to cave in to this attack on freedom of expression.

Written by Richard Wilson

December 10, 2009 at 3:37 pm

Posted in Censorship

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Libel reform campaign launches in Parliament

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Time to reign in the rogue libel outfits?

I was gutted to be missing this event due to ongoing winter lurgee – but delighted to see that Malcolm Grant, provost of my old college UCL, was the first university head to sign up to the campaign:

From Times Higher Education

A university leader has thrown his weight behind a campaign to reform England’s libel laws amid growing concern about so-called “libel tourism” and its impact on academia.

Malcolm Grant, provost of University College London and a trained lawyer, told Times Higher Education that the current laws were having an impact beyond Fleet Street and were stifling scientific debate and academic freedom.

“It is fundamental and critically important that the threat of libel law be lifted from scientific dispute,” he said, describing it as “quite chilling” that the laws were being used to threaten scholars with heavy financial penalties for making simple points about science.

Professor Grant is joining representatives from science, journalism, publishing and the literary sector this week to launch a new petition for libel-law reform, organised by the charity Sense About Science, the free-speech organisation Index on Censorship and English PEN, which represents authors.

He said: “There are not many vice-chancellors who are lawyers, and I am heading up a very strong science university, so I think it is important to be involved.”

The petition calls for “major reforms” of the English libel laws, saying they “inhibit debate” and “stifle free expression”.

Written by Richard Wilson

December 10, 2009 at 10:52 am

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Democracy under attack – Carter-Ruck persuades Commons Speaker that courts *can* ban the reporting of Parliament

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Can anyone Stop the Ruck?

When, following the recent fiasco around Trafigura, I saw Carter-Ruck partner Andrew Stephenson at a Parliamentary committee meeting, he seemed utterly unrepentant.

Carter Ruck’s attempt, on behalf of Trafigura, to ban the media from reporting a question in the British Parliament, had triggered calls for the company’s Directors to be dragged to the bar of the House of Commons and formally reprimanded. Justice Minister Bridget Prentice had reiterated that the 1688/9 Bill of Rights gave the media an absolute privelege to cover the proceedings of Parliament, and that this was essential for the effective functioning of our democracy.

In seeking to explain his firm’s behaviour to the Joint Parliamentary Committee on Human Rights, Stephenson certainly appeared defensive, but he didn’t seem in the least bit sorry. He did, though, seem keen to reassure us that the injunction secured by his company on Trafigura’s behalf had been intended merely as an interim holding measure, and that the original purpose had never been to gag the reporting of Parliament.

So it seems very surprising to read in today’s Sunday Times that Stephenson appears to have gone out of his way to persuade the Commons authorities that the law does, after all, allow for the gagging of Parliamentary procedure:

In a submission to a Commons select committee, Carter-Ruck, a law firm that specialises in libel, argues that newspapers and publishers would be in contempt of court if they published parliamentary questions, answers or debates that fell under super-injunctions.

Advisers to John Bercow, the Speaker, are understood to have informed the culture, media and sport committee that Carter-Ruck’s position is correct. MPs regard the position as a serious threat to free speech and the proper functioning of democracy.

Super-injunctions — under which even reporting the existence of the injunction is banned — are increasingly being used to stop the media publishing information. MPs are now concerned that they threaten the media’s right to report what MPs can freely say in parliament, a privilege affirmed in the Parliamentary Papers Act of 1840…

At the time of the disagreement, Bridget Prentice, the justice minister, said Carter-Ruck was wrong to claim super-injunctions applied to the reporting of parliamentary proceedings.

However, in a submission to the culture committee published last week, Andrew Stephenson, a senior partner at the firm, said the minister was under a “misapprehension”.

He said that while MPs were guaranteed the right to free speech under the 1688 Bill of Rights within the House of Commons, the reporting of parliament remained subject to court orders.

The Speaker’s counsel declined to comment, but is understood to agree with Stephenson’s assessment.

Thus it appears, after all, that Parliamentary democracy is still under attack, and that Carter-Ruck may be making headway in their attempt to overturn a centuries-old democratic freedom.

What I think this demonstrates, again, is that Carter-Ruck is not just an ordinary law firm, doing what ordinary law firms do. They are actively engaged in lobbying the government to curtail our liberties in the interests of their clients. They are behaving, in other words, like a right-wing activist group.

Presumably if the goverment takes this issue seriously enough, they will table emergency legislation which makes the absolute right to report Parliament fully explicit. In the meantime, judges could ensure that any secret injuction they do grant includes a statement spelling out that the measure does not apply to the reporting of Parliament.

As I’ve argued elsewhere, there’s also a pretty clear-cut ethical case for (peaceful, legal) direct political action against Carter-Ruck. The idea that a lawyer – or indeed any other worker – should be exempted from the moral consequences of their professional choices is, in my view, a self-serving myth.

Lawyers who seek to apply an unjust law – be that the law that jailed Oscar Wilde or the laws being used today to suppress freedom of speech – don’t evade moral accountability simply by hiding behind the fact that what they’re doing is ‘legal’. I can’t help but wonder if we might have avoided some of the trouble we’re now in if more had been done to challenge unethical companies like Carter-Ruck at an earlier stage.

But lastly, there has to be a question here about practicality. However much Carter Ruck and their corporate clients might like to suppress free speech through the use of one secret injunction after another, the recent Twitter-storm around Trafigura has shown that this can sometimes be impossible in practice.

If Carter-Ruck are right and Bridget Prentice is wrong, then it seems that I may, after all, have been in contempt of court when I posted the ‘banned’ Parliamentary Question on Twitter back in October. Would I be willing to do so again? I wouldn’t rule it out. And it strikes me that now would be a good time to get a head-count of bloggers and Tweeters prepared to consider engaging in peaceful civil disobedience should Carter-Ruck – or anyone else – attempt to gag the reporting of Parliament again. You can leave a comment here or email me via richardcameronwilson AT yahoo DOT co DOT UK.

Written by Richard Wilson

December 6, 2009 at 9:10 am

Are your taxes subsidising the libel tourism industry?

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Yesterday I wrote about a discussion in Parliament on the use of “super-injunctions” to gag the media. It turns out that no-one anywhere is keeping track of how many of these secret gags are being issued, or whether the judges involved are scrutinising the cases properly.

But another intriguing issue that came out of the same meeting relates to the  problem of “libel tourism”. Notoriously, under current UK law it’s now possible for anyone, anywhere in the world, who thinks they’ve been libelled on some website or another, to come to London and attempt to bankrupt the person responsible. Thus we have – for example – an Icelandic academic losing his home after being sued by a fellow-Icelander over things written on the University of Iceland website.

“Libel tourists” come here because it’s easy to win, even when you don’t have a case. The UK court system denies libel defendants a fair trial by effectively treating them as ‘guilty until proven innocent’, and because the legal costs of defending one’s self are up to 140 times higher than in other countries. This means that most ordinary people cannot afford adequate legal representation.

Those who really benefit from this system are, of course, law firms such as Carter Ruck, who help foreign libel tourists bring their exorbitant claims. What I wasn’t aware of until this week is that the UK taxpayer may also be helping to foot the bill. While the parties to the case pay lawyers’ fees, it was claimed during Tuesday’s meeting that the costs of actually running the court, paying the judges wages etc. comes out of the  public purse. If this is true, then not only are the likes of Carter Ruck making a fortune from these questionable foreign law suits – but we are indirectly subsidising the whole process through our taxes….

Written by Richard Wilson

November 7, 2009 at 11:45 am

Guardian editor accuses Carter-Ruck of “prolonged campaign of legal harassment”

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From www.parliament.uk

Culture Media and Sports Committee: Further written evidence from Alan Rusbridger, the Guardian

…Along with others of the European media and the BBC, we have recently been subject to what we regard as a prolonged campaign of legal harassment by Carter-Ruck on behalf of London-based oil traders, Trafigura.

Trafigura arranged the illegal dumping of 500 tons of highly toxic oil waste in the West African country of Cote d’Ivoire. Thousands of the population of Abidjan, the capital, subsequently became ill and, after a bitterly fought law suit, Trafigura has now been forced to pay a degree of compensation to the victims.

Carter-Ruck, like such other firms as Schillings, are trying to carve out for themselves a slice of the lucrative market known as ‘reputation management’. This is not about the perfectly proper job of helping people or organisations gain legal redress when they have been mistreated by the press.

It is a pitch to work with PR firms to pressurize and intimidate journalists in advance on behalf of big business. It exploits the oppressive nature and the frightening expense of British libel laws…

After the toxic waste dumping in 2006, Trafigura embarked on what was essentially a cover story. They used Carter-Ruck and PR specialists Bell Pottinger, working in concert to enforce their version on the media.

The cover story was that Trafigura used a tanker for normal ‘floating storage’ of gasoline. They had then, they claimed, discharged the routine tank-washing ‘slops’, which were harmless, to a disposal company, and had no responsibility whatever for the subsequent disaster.

In fact, Trafigura had deliberately used a primitive chemical process to make cheap contaminated gasoline more saleable, and knew the resultant toxic waste was impossible to dispose of legally in Europe.

The Guardian experienced an intimidatory approach repeatedly in the Trafigura case. Other journalists at BBC Newsnight, the Norwegian state broadcaster NRK and the Dutch newspaper Volkskrant, told us of identical threats. The BBC eventually received a libel writ. NRK were the subject of a formal complaint – eventually rejected – to the Norwegian press ethics body.

A history of Carter-Ruck’s behaviour in respect of the Guardian is appended [APPENDIX 2]

On 27 June 2008, Bell Pottinger sent a threatening message to the Guardian. They had previously sent similar threats and complaints to AP, whose agency dispatch had been published on-line by the Guardian. The message ended:

“Please note that in view of the gravity of these matters and of the allegations which have been published, I am copying Trafigura’s solicitors, Carter-Ruck, into this email.”

The letter demanded changes to the Guardian’s website to include this information:

“The Probo Koala … left Amsterdam with the full knowledge and clear approval of the Dutch authorities.” It also stated that the disposal company in Amsterdam had asked for extra fees “without any credible justification” and that “ship’s slops are commonly produced within the oil industry. To label Trafigura’s slops as ‘toxic waste’ in no way accurately reflects their true composition.”

On 16 September 2008, Trafigura posted a statement on their website claiming:

“Trafigura is in no way responsible for the sickness suffered by people in Abidjan … The discharge of slops from cargo vessels is a routine procedure that is undertaken all over the world.”

The company knew this was a misleading and false statement.

On 22 September 2008, the Guardian’s East Africa correspondent, Xan Rice, asked Trafigura some questions, in view of the then impending trial of local Ivoirian waste contractors.

Trafigura refused to answer, a refusal coupled with another pointed referral to libel solicitors. Bell Pottinger wrote: “I am copying this email to Carter-Ruck”.

Xan Rice’s article was not published by the Guardian.

The Ivoirian trial convicted local individuals for toxic dumping, Trafigura subsequently abandoned some of their lines of defence in the English litigation they originally claimed they had no duty of care, and could not have foreseen what the local dumpers might do. Trafigura now agreed instead, to pay anyone who could prove the toxic waste had made them ill. They continued to deny publicly that such a thing was possible.

Xan Rice again asked some factual questions. On 14 November 2008, Bell Pottinger responded “Please note that I am copying this correspondence to Carter-Ruck and to the Guardian’s legal department”. They added: “Any suggestion, even implicit, that Trafigura … should have stood trial in Ivory Coast would be completely unfounded and libellous … We insist that you refer in detail to the contents of the attached summary”.

They claimed to be sueing for libel the senior partner of Leigh Day who was bringing the English lawsuit. They added that further Leigh Day statements “are the subject of a complaint in Malicious Falsehood”[sic]. In fact, the libel proceedings against Martyn Day had been stayed, and no malicious falsehood proceedings had been – or were ever – issued.

A closely-typed six-page statement was attached. In it the company claimed to have “independent expert evidence” of the non-toxicity of the waste, but refused to disclose it. Trafigura repeated the false claim that the waste was merely “a mixture of gasoline, water and caustic soda”.

No Guardian article, once again, was published.

On 3 December 2008, less than 3 weeks later, Trafigura formally admitted to the High Court the true composition of the waste in its document “Likely chemical composition of the slops”, [detailed above].

On 5 December 2008, Trafigura formally admitted their waste came from Merox-style chemical processing attempts, and not from routine tank-rinsing.

On 29 April 2009, Carter-Ruck wrote to a Dutch paper: “Trafigura has been obliged to engage my firm to bring complaints against Volkskrant … It is indeed the case that we have on Trafigura’s behalf, written to a number of other media outlets around the world in respect of their coverage of this matter”. Bell Pottinger also confirmed contact with journalists who published or broadcast stories that did not accurately reflect Trafigura’s position, but added: “We completely disagree with your description of Trafigura’s involvement in an ‘aggressive media campaign’.”

On 13 May 2009, Bell Pottinger, in concert with Carter-Ruck, issued a statement to the BBC repeating two assertions known to be false.

They said the Leigh Day statement “is currently the subject of a malicious falsehood complaint made by Trafigura”. They also claimed once more: “The Probo Koala’s slops were a mixture of gasoline, water and caustic soda”.

On 13 May 2009, Carter-Ruck wrote to the Guardian demanding the paper not “publish any reference” to witness-nobbling allegations, although they know these had already been the subject of a public statement by solicitor Martyn Day; the subject of a separate disclosure published by the legal correspondent of the Times; and the subject of a publicly-available court injunction banning further witness contact by Trafigura until trial. Carter-Ruck added that “so much as a reference to these allegations” would be “wholly improper”.

On 15 May 2009, Carter-Ruck issued a press release under its own letterhead, not Trafigura’s, claiming that High Court libel proceedings had been issued against the BBC for “wildly inaccurate and libellous”, “one-sided”, “misleading”, “sensationalist and inaccurate” publications.

On 22 May 2009, Carter Ruck told the Guardian: “It is untrue that the slops caused or could have caused the numerous deaths and serious injuries … Trafigura cannot be expected to tolerate unbalanced and inaccurate reporting of this nature. Accordingly, Trafigura requires the Guardian to … remove these articles from its website forthwith; and … publish a statement by Trafigura”.

The Guardian declined to remove its articles, but agreed to publish the statement. This said: “The fact is that according to independent analyses that Trafigura has seen of the chemical composition of the slops, it is simply not possible that this material could have led to the deaths and widespread injuries alleged. Similarly, it is not possible that hydrogen sulphide was released from the slops as alleged by the Guardian. Trafigtura will present these independent analyses in the High Court in Aututmn 2009.”

On 17 September 2009, the Guardian published documents on its front page detailing a “massive cover-up” by Trafigura.

On 29 September 2009, Trafigura announced it would pay £30m to the victims, rather than face a High Court trial.

Written by Richard Wilson

November 1, 2009 at 12:18 am

Al Jazeera’s “Listening Post” on Trafigura and Carter Ruck

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I’ve long been a fan of Al Jazeera’s willingness to cover stories and angles that other news media won’t touch, and was pleased to have the chance to contribute to the programme above. I was even more pleased when I saw how it had turned out – definitely one of the best overviews of the story that I’ve yet seen.

UPDATE …on a free speech tangent, the techie guerilla campaign against the litigiousness of UK chiropractors continues with a sneaky pop at the General Chiropractic Council.

Written by Richard Wilson

October 29, 2009 at 9:34 pm

Newsnight being threatened by Carter-Ruck for reporting Hansard proceedings

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See also: “Trafigura coverage still curtailed by libel abuse”

From Theyworkforyou

Evan Harris MP: My final question relates to the ongoing problems of English libel law in respect of Trafigura. My understanding is that “Newsnight” is being threatened by the lawyers for Trafigura, Carter-Ruck, if it repeats an allegation against Carter-Ruck that deaths were caused by the dumping of toxic waste in Ivory Coast, even though in 2007 Hansard reported the Transfrontier Shipment of Waste Regulations laid by the Department for Environment, Food and Rural Affairs before Parliament, and a memorandum of explanation to those regulations stated:

“The recent example of the release of toxic waste in the Ivory Coast leading to the deaths of a number of people and the hospitalisation of thousands underlines the risks involved in the movement and management of waste.”

How can it be that that can be in Hansard, yet there are still threats of legal action against “Newsnight” if it reports the very same wording that is used in there? That cannot be right. Although there are powerful interests at stake, there is a public interest in the fact that there was a settlement made—hundreds of millions of pounds paid over in that settlement—and yet the public in this country are not allowed to know some of the contents of those news reports. We have a responsible media by and large in respect of such matters, and it is about time that English libel laws and English laws in general caught up with that fact.

Written by Richard Wilson

October 23, 2009 at 9:03 am

Trafigura have allegedly been threatening individual Greenpeace staff with legal action

with one comment

From The Guardian

In the debate today Harris said it was his understanding that BBC Newsnight were also being “threatened” by Carter-Ruck if they repeated a claim, even though it was recorded in parliamentary Hansard. He said: “How can it be that that can be in Hansard, yet there are still threats of legal action against Newsnight if they report the very same wording that is used in there? That cannot be right.”

Speculation is growing over what in Hansard Evan Harris was referring to. I’m wondering if it might be this:

From Hansard

Mark Stephens…. We are seeing at the moment a real problem with a company called Trafigura who have retained lawyers to attack Green Peace International predominantly, but also media organisations who are reporting about the alleged toxic dumping in Africa of waste. They are doing this in a number of ways. Letters are being sent; they are suing the lawyers, Leigh Day, who are taking claims; I understand that Leigh Day are representing 16 people who died, 100,000 people who needed medical attention, including miscarriages, respiratory problems and organ failure, and there is a class of about 30,000 Ivorians who have suffered as a result of this toxic dump. It seems to me that it is wholly inappropriate for a very wealthy company to try and chill down discussion about toxic dumping through this kind of aggressive behaviour. For example, there are threats to individuals at Green Peace International; and there are also threats, for example, to the BBC. If the BBC want to get a balanced story and hear from Trafigura, on the one hand, and also someone from Green Peace International or a scientific expert, the threats to the BBC are being communicated back via the producers who are saying to the people from Green Peace, “But of course you can’t mention this, this, this, this and this because otherwise we might get into a defamation wrangle with Trafigura”. That seems to me just plain wrong. Let us have an open debate about it.

Written by Richard Wilson

October 21, 2009 at 10:07 pm

Posted in Censorship

Tagged with ,

Self-censorship

with one comment

I thought it was about time I published this. Readers should know that I dispute several of the assertions made by Breco in the message below, and am very doubtful about many others. You should also be aware that since the email was sent to me, this happened, and this happened.

But aside from the content of the letter, the point is that the intimidation worked, at least for a while. I have not written anything of substance about Bredenkamp since I got this email, or done any further investigation. The reason for this is simply and solely that Bredenkamp is a multi-millionaire and I’m not. Due to the astronomical costs built into the UK libel system, and the massive advantage this gives to super-rich litigants, should someone like Bredenkamp decide to sue me, I would not be able to afford adequate legal representation. This would essentially guarantee that I would not receive a fair trial.

From:  “******@breco.info”  Friday, 29 June, 2007 9:11:53

To: richardcameronwilson@yahoo.co.uk

Dear Mr Wilson

I refer to your article Titanic Express as published on http://www.ukwatch.net (“The Article”). The circumstances of your sister’s death are truly appalling and tragic. By all accounts, she was a remarkably courageous and altruistic person and your desire to honour her memory by writing her story is laudable.

However, it is very disappointing to see that in the Article you make a number of incorrect and damaging statements about Mr John Bredenkamp.

1. You write in the Article: “Successive UN reports have implicated dozens of western companies in illegal profiteering from the DRC war, which is intimately connected to the Burundi conflict. Those named include the UK-based Zimbabwean arms dealer John Bredenkamp and Andrew Smith, the British owner of the “air cargo firm” Avient”.


• The UN Reports you mention refer to the UN Panel of Experts on the Illegal Exploitation of Natural Resources of the DRC. Mr Bredenkamp was indeed wrongly named in one interim report and subsequently proved to the UN that the unsubstantiated allegations made about him were misconceived and false. In their Final Report of 25 November 2003 –nearly four years ago – he was totally exonerated by the UN of any wrong doing or unlawful activity.

• Mr Bredenkamp is not based in the UK neither is he ‘an arms dealer’. If you visit his web site, you will see that his involvment in the defence sector is as a passive shareholder in Aviation Consultancy Services (“ACS”) , a company which has agencies in Southern Africa for a number of reputable international aircraft manufacturers.

2. You go on to write in the Article: “To date the UK has proved reluctant to follow up the UN’s allegations, but Bredenkamp’s offices were raided by the Serious Fraud Office last year as part of the BAE corruption inquiry. One more reason to hope that CAAT succeeds in getting the inquiry reopened is that it may help shed some much-needed light on Bredenkamp’s business dealings.”

The fact is that there are no outstanding UN allegations in respect of
Mr Bredenkamp or his companies for the UK to follow up. He himself suggested to the Panel that his DRC joint venture should be monitored by the OECD, a process that was duly put in place. Furthermore, at the time of their Final Report, you should know that the UN urged him to remain invested in the DRC.

In respect of the SFO’s inquiries into media allegations about BAE Systems, let me make two points:

o there is no connection whatsoever with the UN Report in this enquiry.

o Mr Bredenkamp voluntarily flew to the UK late last year to offer his assistance to the SFO after they had visited his UK office and London house.

As regards his business dealings, please do visit the Breco web site http://www.breco.info to get an idea of what he really does rather that what the media or CAAT would have you believe.

I note that in your book Titanic Express (“The Book”), on page 142 you write in the Book: “And John Bredenkamp, a British-based Zimbabwean businessman with, according to the UN, ‘a history of clandestine military procurement,’ was accused of breaching European Sanctions by supplying British Aerospace equipment to the Zimbabwean forces fighting in the Congo.”

As previously stated, Mr Bredenkamp is not British-based.

The source of the accusation you refer to was an article in the Sunday Telegraph newspaper which was totally erroneous. ACS comprehensively complied with EU sanctions on behalf of their principals and this was fully demonstrated to the UN Panel, who accepted that there had been no breaches whatsoever.

If, in the future, you decide to write about Mr Bredenkamp or any of his companies, I would greatly appreciate it if you would be courteous enough to contact the group’s online press office – press_office@breco.info – with a view to checking that your facts are correct.

Bearing in mind the background to your book, Mr Bredenkamp has decided not to take any legal action against you, but please understand that he is deeply wounded by all of your erroneous statements.

Sincerely

***** ******
Press Office
Breco Group

Written by Richard Wilson

October 19, 2009 at 9:07 pm

Posted in Censorship, Titanic Express

Tagged with

The Sun comes out for democracy

with one comment

For years, The Sun newspaper and its erstwhile political spokesman Trevor Kavanagh have firmly supported UK government demands for ever more “sweeping new powers” to bug, monitor and jail us without charge and with minimal oversight. Two days ago, the newspaper was still demanding – albeit with a certain amount of cognitive dissonance – that the police be allowed to “detain suspects for as long as they need”.

But the arrest of Sally Murrer, combined with the government’s suicide attack against the last remnants of its reputation seems to have brought about a change of heart.

“We are a police state here and now”, declares Trevor Kavanagh in today’s Sun.

I used to think ID cards were a good thing. What law-abiding citizen could object to these new weapons against terrorists, rapists and murderers? Nothing to hide, nothing to fear. Not any more… If Damian Green can be banged up for nine hours for telling the truth, what hope for you and me? …

The Government’s kneejerk abuse of anti-terror laws as a political weapon is increasingly sinister. It uses them on any pretext – even freezing the economy of friendly Iceland recently when its banks went bust… Soon, unelected snoopers will be able to pry into our mobile calls, text messages and emails. These are the alarming consequences of an authoritarian regime that sees the state as paramount and the people as pygmies.

US State Department calls for release of Alexis Sinduhije

with one comment

From the Washington Post

The State Department protested the Burundian government’s arrest Monday of an aspiring presidential candidate and former journalist who was named one of the world’s 100 most influential people this year by Time magazine.

Burundian authorities arrested Alexis Sinduhije at his political party’s headquarters in Bujumbura on Monday, along with other party staff members.

“We believe that is unacceptable. We believe he should be released immediately,” Russell Brooks, spokesman for the State Department’s Bureau of African Affairs, said Friday. “It remains our hope the government of Burundi will work to advance the cause of political freedom and speech in Burundi and allow citizens to exercise universally recognized rights.”

An ethnic Tutsi reporter who adopted a Hutu war orphan, Sinduhije has become a national celebrity in Burundi, a small central African country that has been plagued for more than 15 years by violence between the two ethnic groups.

In 2001 Sinduhije founded Radio Publique Africaine, an independent radio station that promoted reconciliation between the groups.

His reporting has drawn international praise. The New York-based Committee to Protect Journalists honored Sinduhije in 2004 with its International Press Freedom Award. He has also appeared as a guest on PBS‘s “Charlie Rose” show.

“We wanted to set an example of how relations between the ethnic groups could be humanized,” Sinduhije said in explaining his journalistic mission at the 2004 award ceremony. “We hired former fighters, both Hutu and Tutsi . . . to become fighters for peace and truth.”

Joel Simon, the committee’s executive director, said Sinduhije’s radio station “was a beacon” for those searching for an “alternative to the kind of politics of racial division which had brought Burundi to the brink of genocide.”

Simon said Sinduhije has been repeatedly threatened, beaten and jailed for his work as a reporter. Sinduhije left journalism in December 2007 to compete in Burundi’s 2010 presidential election. The government has refused to formally register his political party, the Movement for Security and Democracy.

“We don’t think this is a press freedom case,” Simon said, noting that the charges were nevertheless “trumped up.” He said, “We’re obviously very concerned about him, and this treatment illustrates the environment in which Burundi’s election is taking place.”

Burundi’s U.N. ambassador, Augustin Nsanze, declined to comment on the arrest.

Over the years, Alexis Sinduhije has been immensely supportive of efforts to get to the truth over the Titanic Express massacre, and secure justice for all Burundi’s victims. Click here for more background on his arrest.

Human Rights Watch condemns Burundi ruling party’s attack on Alexis Sinduhije

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Click here for more background on this story.

From Human Rights Watch

(Bujumbura, November 5, 2008) – The detention of political activist Alexis Sinduhije and 36 others by Burundian police on November 3, 2008, highlights the growing obstacles to the free exercise of civil and political rights in Burundi, Human Rights Watch said today. Sinduhije, well-known as a former radio journalist, has been trying since February to form an opposition political party, the Movement for Security and Democracy (MSD).

The detentions follow extensive harassment of leaders of several parties opposed to the dominant National Council for the Defense of Democracy-Forces for the Defense of the Democracy (CNDD-FDD).

“It looks like the ruling party is calling in the power of the state to silence the voices of dissent,” said Alison Des Forges, senior Africa advisor at Human Rights Watch.

Dozens of police armed with Kalashnikovs entered the MSD headquarters shortly after noon on November 3, indicating they had information that an illegal meeting was being held. A search warrant that they contended legitimized their entry was delivered two hours later, carried no docket number, and listed another premises – Sinduhije’s residence – as the place to be searched. It gave the charge against Sinduhije as “threatening state security.” Police officers searched and confiscated several documents, one of which they said contained “subversive material.” They proceeded to arrest everyone on the premises, including political activists, a receptionist, and a driver who was later released.

When a Human Rights Watch researcher present at the time of the search and arrests questioned police officers about irregularities, they responded that they were only “executing orders” given by Regional Police Commissioner David Nikiza, who had delivered the search warrant.

Asked to comment on the irregularities, the police spokesman, Pierre Chanel Ntarabaganyi, responded that the party itself was illegal and that therefore the search and subsequent detentions were justified.

Interior Minister Venant Kamana has refused to register MSD as a political party, claiming that a party cannot include “security” among its goals because security is the exclusive province of the state.

Taken into custody on November 3, Sinduhije and the others were still being held at several city jails as of the evening of November 4, without any charges having been formally entered against them. Police officers interrogated Sinduhije, in the presence of his lawyer, about statements in the confiscated documents criticizing President Peter Nkurunziza’s development policies. They suggested such statements might lead to a charge of “insulting the President.” They also interrogated him about efforts to recruit party members among young people, some of them former combatants in rival forces during 10 years of civil war.

Two other MSD members were arrested last week in Cankuzo province, one for allegedly distributing party cards, the other for having such a card in his possession.

Ntarabaganyi, the police spokesman, told a Human Rights Watch researcher that Sinduhije and the others had been arrested for holding an unauthorized meeting. A ministerial ordinance issued in early October 2008 requires political parties to obtain official authorization for meetings rather than simply informing officials of their intent to meet, as had previously been the case. Burundian law does not require groups other than political parties to obtain authorization for meetings.

Other parties have also faced harassment. Since late September 2008, police have arrested at least 25 members of UPD-Zigamibanga, a party opposed to the CNDD-FDD. Most were arrested in Ngozi province on charges of participating in an unauthorized meeting and released after paying a fine, but two others were detained in Kayanza province on charges of insulting President Peter Nkurunziza after they criticized his education policy during a private conversation.

Most local authorities on the provincial and communal levels are CNDD-FDD members. Even before the new ordinance on meetings was issued, some of them used their authority or that of the police to hinder political meetings or to shut down press conferences by opposition parties including the Democratic Front in Burundi (Frodebu), the Democratic Alliance for Renewal (ADR), and the CNDD (a party different from CNDD-FDD).

Burundi has ratified the International Covenant on Civil and Political Rights as well as the African Charter on Human and Peoples’ Rights. Both of these treaties require Burundi to protect fully the rights to freedom from arbitrary detention and to freedom of association. To avoid arbitrary detention, persons detained on suspicion of having committed a criminal offense must be informed of the charge against them as quickly as possible, allowed access to a lawyer and to visitors, and be brought speedily before a judicial authority with power to order their release.

“Using the police to limit dissent and to discourage peaceful political activity violates the rights of Burundians and weakens the rule of law,” said Des Forges. “Officials should promptly release Sinduhije and others arbitrarily detained and permit Burundians the full exercise of their civil and political rights.”