Zambia: Journalista released, after being mistreated

Zambia Alert Update
March 12, 1999
Journalists freed unconditionally, buildings remain under siege

The six journalists from the "Post" who were arrested variously on the
night of March 9 and the morning of March 10, were this morning
unconditionally released. It followed a habeas corpus hearing in the Lusaka
High Court, which had been postponed until this morning after the state
failed to present the detainees to the court yesterday. The journalists who
were released areBrighton Phiri, Kelvin Shimo, Joe Kaunda, Amos
Malupenga,  Lubasi Katunda and Goodson Machona. The whereabouts of a
seventh journalists, Macpherson Muyumba, who went missing shortly after the
crackdown on the "Post" on March 9 and who was also feared to have been
arrested, is still not known. According to MISA sources, the "Post"
security guard who was arrested outside the paper's editorial office on
March 11, is still being held.

In ordering their release, Judge Essau Chulu said"This court will
accordingly order that the six be immediately set free. However, as stated
yesterday, it is sad to note the circumstances under which they were
detained and the failure by the state to bring them to court. It is my hope
that the counsel [for the journalists] can only rely on Mr Donald Kasote
[principle State advocate] that the six will continue to enjoy their
freedom. ...I thus make an order that the six be released immediately and
set at liberty."

The Judge ordered the State to pay costs.

One of the freed journalists who spoke to MISA, Amos Malupenga, described
his experience as terrible, saying he was jailed in dirty, unhygenic
conditions and was not given food for two days. He said the first time he
ate since being jailed on March 9 was on March 11 when he was re-united
with his colleagues at the police headquarters. He had not been
interrogated formally, but was questioned in the car while being
transported from one jail to another. He said a security official started
probing him about who wrote the contentious article which appeared in the
"Post" on March 9 and also wanted to know the sources for their
information. He refused to give them any information. It's believed some of
the other journalists where interrogated and allegedly beaten during their
detention, but this has yet to be confirmed.

Meanwhile, the police's siege of the "Post" editorial office in the Lusaka
city centre and its separately located building housing its printing press
continues. MISA sources report, however, that efforts are underway by the
Deputy Police Commissioner, Emmanual Lukande, to reverse the siege and
withdraw the security personnel stationed outside the two buildings.

BACKGROUND

The six journalists were arrested variously on the night of March 9 and the
morning of March 10 after police fanned out across Lusaka to arrest
journalists from the "Post" newspaper apparently after an order for them to
arrest all "Post" journalists before dawn.

At around 7pm on March 10, police besieged the editorial office of the
"Post" and it's separately located building housing its printing press,
cutting off the power and water supply and changing the locks at the gates.
Police began controlling movement to and from the newspaper's premises,
preventing those who were inside from leaving. Those trapped in the
building at the printing press included "Post" editor-in-chief Fred
M'membe, reporters Sam Mujuda,  Dickson Jere and Alice Mwala, and executive
editor Arthur Simuchoba. An unspecified number of administrative and
distribution staff were also believed to be in the building.

Those holed up in the editorial office in the city centre were photographer
Sheikh Chifuwe, production staff members Immanuel Katonga, Joseph Chanda,
Andrew Mulenga and Morgan Moyo, as well as three proof readers.

Lawyers for the paper were reportedly granted access to the trapped
personnel, and were allowed to go in and come out of the buildings. Police
also allowed food to be taken to those holed up in the respected buildings.

The crackdown on the journalists followed an uproar caused in the National
Assembly stemming from the lead story in the "Post" on March 9. The story
entitled, "Angola Worries Zambia Army, ZAF", prompted National Assembly
Deputy Speaker Simon Mwila to order Defence Minister Chitalu Sampa to
immediately take appropriate action against the "Post".

The "Post" reported that Mwila had made the directive to Sampa following a point
of order by a fellow member of parliament in which the MP questioned
whether the "Post" was justified to carry a story on the country's low
military capabilities. Mwila told the House that he was concerned about the
contents of the newspaper article which exhibited a high level of
unpatriotism towards the security of the country. A fellow MP charged that
the article had managed to lay bare the country's military secrets by
publishing an inventory of the weaponry.

The article in question can be read on the Internet at
http//www.zamnet.zm/zamnet/post.arch.20742/news/fpstory.html

RECOMMENDED ACTION

Write to the authorities
* Condemning the crackdown against the Post and pointing out that it is a
serious violation of international treaties guaranteeing freedom of
expression and media freedom;
* calling for an immediate end to the siege of the two premises belonging
to the "Post", and an immediate end to the harassment of the "Post" and its
journalists;
* calling on the Zambian government to respect the provisions in its own
Bill of Rights with respect to media freedom and freedom of expression.

APPEALS TO

His Excellency President Frederick Chiluba
President of the Republic of Zambia
Fax260-1-221939
E-mailstate@zamnet.zm or mfalus@zamnet.zm

The Hon. Newstead Zimba
Minister of Information and Broadcasting Services
Phone260-1-254487 or 260-1-253486
Fax260-1-253456

The Inspector General of Police
Mr Francis Ndhlovu
P.O. Box 50103
Lusaka
Fax260-1-253537

The Zambian representative in your country.


Information distributed by
Raashied Galant
MISA Researcher
Media Institute of Southern Africa (MISA)
Private Bag 13386
Windhoek, Namibia
Tel. +264 61 232975, Fax. 248016
e-mailresearch@ingrid.misa.org.na
webhttp//www.misanet.org

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.