AGO 001 / 0615 / OBS 080

Judicialharassment

Angola

July 12, 2017

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), requests your urgent interventionin the following situation in Angola.

Description of the situation:

TheObservatory has been informed by reliable sources about the judicial harassmentof Mr. Rafael Marques de Morais, an award-winning[1]investigative journalist known for his articles denouncing corruption.

According tothe information received, on June 20, 2017, the Office of the AttorneyGeneral indicted Mr. Rafael Marques deMorais under two charges: “outrage towards a sovereign body” (ultraje aoórgão de soberania) (Article 25, par. 1 of the Law on Crimes against theState Security and Art. 105, par. 1 of the Angola Constitution), and “insulttowards public authority” (injúrias contra autoridade pública) (Article181 of the Penal Code), which carry a total penalty of up to six years ofprison.

Additionallyto those accusations, on May 25, 2017, the Attorney General, Mr. João Maria deSousa as a private citizen, filed a lawsuit against Mr. Rafael Marques deMorais under the offences of “abuse of press freedom” (Article 74, par. 2, d ofthe former Media Law No. 7/06), “slander” (Article 7 of the Penal Code), and“defamation” (Article 410 of the Penal Code).

Theaccusations are related to an article published on the anti-corruption website,Maka Angola. In the article, Mr. Rafael Marques de Morais exposed theillegality of Angola’s Attorney General, Mr. João Maria Moreira de Sousa, toact as a property and real estate developer in addition to his legal duties,action which violates the “Principle of Exclusive Dedication” enshrined in theConstitution. The article also brought to the spotlight the support of thePresident, Mr. José Eduardo dos Santos, towards his subordinates corrupted actsin violation of constitutional rules.

TheObservatory recalls that this is not the first incident targeting Mr. RafaelMarques de Morais. After thepublication in 2011 of his book, “Blood Diamonds: Corruption and Torture inAngola”[2],he has faced continuous judicial harassment[3].Following its publication, eight Angolan generals and two private miningcompanies sued Mr. Marques de Morais for defamation – twice in Portugal wherethe book was originally published and once in Angola. Mr. Marques de Morais wasfound guilty by the Luanda Provincial Tribunal on 28 May 2015 for committing“slanderous denunciation” against 12 individuals, including members of thearmed forces. He was sentenced to six months suspended jail term.

TheObservatory strongly condemns the judicial harassment of Mr. Rafael Marques deMorais. The Observatory believes the accusations are linked to his human rightswork, and consequently urges Angolan judicial authorities to end all forms ofharassment against him.

Actions requested:

Please writeto the authorities in Angola, urging them to:

i. Drop allthe charges against Mr. Rafael Marques de Morais and, in the meantime, ensurethat any judicial proceedings against him is carried out in full compliancewith the defendants’ right to a fair trial, as protected under internationallaw;

iii.Guarantee in all circumstances the physical and psychological integrity of Mr.Rafael Marques de Morais as well as of all human rights defenders in Angola;

iv. Put anend to all forms of harassment, including at judicial level, against Mr. RafaelMarques de Morais, as well as all human rights defenders in Angola;

v. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders adopted by the UN General Assembly on December 9, 1998, in particularits Articles 1, 12.1 and 12.2;

vi. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Angola.

Addresses:

· President of the Republic of Angola,H.E. José Eduardo dos Santos, Civil House, Fax : +244 222 370 366

· Minister of Justice and HumanRights, Mr. Rui Jorge Carneiro Mangueira, Fax: +244 222 330 327; Email:rui.mangueira@minjus.gov.ao

· Director of National Center of HumanRights, Ms. Ana Celeste Januario, Fax: +244 222 333 407; Email:ana.januario@minjusdh.gov.ao and celestejanuario5@yahoo.com

· Ambassador Mr. Apolinário JorgeCorreia, Permanent Mission of Angola to the United Nations in Geneva,Switzerland, Fax: + +41 22 732 30 72; Email: ambmission.angola@bluewin.ch

· Ms. Elizabeth Simbrão; Ambassador ofAngola in the Kingdom of Belgium, in the Grand Duchy of Luxembourg andDiplomatic Mission at the European Union; Fax: Fax: +32 2 344 08 94; Email:info@angolaembassy.be

Please also write to the diplomatic mission or embassyof Angola in your respective country.

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Paris-Geneva, July 12, 2017

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. OMCT and FIDH are both membersof ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Teland fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

· Teland fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

[1] Mr. Rafael Marques de Morais has earned several international awards forhis anti-corruption investigative work, including the National Endowment forDemocracy’s 2017 Democracy Award, the 2013 Integrity Award from TransparencyInternational, the Gerald Loeb Award for International Reporting, the 2014 UCLAAnderson School of Management (co-winner with Kerry A. Dolan, Forbes) and the 2015 Allard Prize forIntegrity from the British Columbia University.

[2] In “Blood Diamonds: Corruption and Torture inAngola” (Diamantes de Sangue: Corrupção eTortura em Angola), Mr. Marques de Morais documents and denounces the corruption,allegations of homicides, torture, forced eviction of civilian settlements andintimidation of inhabitants of the diamond-mining areas of Angola’s Lundasregion by some state agents and business entrepreneurs.

[3] See the Observatory’s Press Release of May 28, 2015 and June 18, 2015 and OpenLetter of June 7, 2016.