10.11.10 Journaliste En Danger (Kinshasa): Journalist Sentenced in Absentia to Eight Months in Prison

JED is concerned about the sped up procedure that led to the
conviction, without giving the journalist an opportunity to defend
himself. JED supports the journalist's appeal against the ruling.

According to information received by JED, Achille Kadima Mulamba,
managing editor of "AfricaNews", a privately-owned newspaper published
in Kinshasa, capital of the DRC, was found guilty of defamation against
Alexis Thambwe Mwamba Junior, Coordinator and National Authorising
Officer of the Support Unit of the European Development Fund (Cellule
d'Appui du Fonds Européen de Développement, COFED), pursuant to Article
74 of the Congolese Penal Code.

In its ruling, the court also accused the journalist of "bad faith" for refusing to publish the plaintiff's right of reply.

Kadima's conviction followed the 26 October publication of an article
entitled "270 million CFA vanishes from COFED. The suspect: Alexis
Thambwe Mwamba". The author of the article, which was signed by a
pseudonym, accused Mwamba of embezzling 270 million CFA, originally
destined for COFED management and operations, including employee
salaries and bonuses.

Without going into the merits of this case, JED has some reservations
on the application of draconian laws that leave no opportunity for
media to play their role as "watchdogs" by denouncing the mismanagement,
corruption and misappropriation of public funds. In particular, under
Article 74 of the Penal Code, the judge is bound neither to the truth
nor falsity of the information disseminated by journalists, but rather
takes into account the "honour" of the accused.

As part of the government struggle against corruption, JED urges the
courts to exercise restraint in defamation cases and calls for the
accelerating of the process of decriminalisation of all press offenses,
except those that incite hatred and violence.