ALGERIAN PRESIDENT PARDONS JOURNALISTS

UNCLAS ALGIERS 000850

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM AG
SUBJECT: ALGERIAN PRESIDENT PARDONS JOURNALISTS


OVERVIEW AND COMMENT
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1. (C) On the occasion of World Press Freedom Day, President
Bouteflika issued a communique May 2 pardoning Algerian
journalists found "definitively" guilty of "insults against
civil servants, offense against the President of the
Republic, and insults against corporate bodies." The
announcement came in the context of official speeches
underscoring Algeria's commitment to freedom of the press and
the indispensable role a free press plays in a democracy.
The European Union, in a May 4 statement, praised
Bouteflika's action as a "positive sign" of the willingness
of Algerian leaders to respect freedom of the press.
Algerian civil society and most journalists applauded the
move as a welcome step that will remove a blot on Algeria's
international image and end the anomaly of a presidential
pardon for convicted terrorists, but not for journalists. At
the same time, others have argued that Bouteflika used the
pardon to make himself appear as a great protector of the
press and to deflect attention from the underlying problem --
a tough defamation law that criminalizes defamation and
increases pressures for self-censorship.


2. (C) While there are currently roughly 20 journalists
convicted of defamation who could benefit from the pardon,
none of these are currently in prison and many of the
convictions are being appealed. The one journalist currently
in prison (Benchicou) is serving time for a financial crime,
not defamation, despite the fact that he was subsequently
found guilty on a separate defamation charge. At this point,
it is not clear if those whose convictions are currently on
appeal will benefit from the pardon now, only after their
appeals are adjudicated, or not at all. The official
government daily El Moudjahid reports that some 200
individuals will benefit, suggesting an inclusive approach
that will extinguish the sentences of all those currently
convicted (whether on appeal or not) as well as expunge
historical cases from the record. Whatever the case or the
mixture of motivations, the step to pardon journalists
convicted on defamation charges is definitively positive. It
shows that the government is in fact sensitive to criticism
of its performance in this area and the damage this causes to
Algeria's international image. To encourage further
progress, once we have more concrete indications of how the
pardon will be implemented, we should give Algeria credit and
recognition for this positive step, while continuing to press
privately for decriminalization of defamation. (End Summary
and Comment.)

PARDON AFFECTS UNJAILED JOURNALISTS CONVICTED OF DEFAMATION
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3. (U) At this point, it is unclear how many journalists
will be affected by the presidential pardon. Currently, there
is one journalist in jail (but not on defamation charges) and
there are roughly twenty journalists who have been sentenced
for defamation, but whose sentences have not been implemented
or are being appealed. By contrast, the official government
daily, El Moudjahid, reported May 6 that the pardon would
affect 200 persons and Ministry of Justice contacts confirmed
this figure to us. The Ministry stated the total number
included "many historical cases" but refused to elaborate.
Post speculates the additional figures could indicate that
GOA plans to expunge the record of journalists tried and
sentenced for past defamation offenses. According to press
reports from the French daily Le Monde, Algerian journalists
consider the Ministry's figure at present "unsubstantiated."

JOURNALISTS' REACTION FAVORABLE
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4. (SBU) The Algerian press generally welcomed the move by
President Bouteflika. A journalist from French-language
daily Le Soir d'Algerie told us, "This is really good
maneuvering on the part of Bouteflika. He has done a good
job internationally and now he is focused domestically. Once
more Bouteflika is seen as....the leader who reconciles." A
journalist from the French-language Liberte was quoted in the
press as saying, "When I heard the 8 o'clock news, I did not
believe my ears, a pardon for journalists. This is
unbelievable. What does that mean? In my mind only
criminals and terrorists have been pardoned by the President,
why should we not be pardoned?" Some journalists saw
evidence of political pragmatism as a journalist from the
French-language le Jeune Independent noted, "I do not know if
this is a good measure or not, but it is certainly good for
Bouteflika's image."

MOST PROMINENT JAILED JOURNALIST MAY YET BENEFIT
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5. (SBU) It is unlikely that Mohamed Benchicou, imprisoned
former editor of the Algerian French-language daily Le Matin
and subject of much international attention, will be released
from prison as a result of the presidential action, since he
was tried and sentenced for illegal financial transactions,
not defamation per se. In any case, he is nearing completion
of the second year of his two-year sentence. He may,
however, benefit from the pardon since he has separately been
charged and convicted of defamation. The French newspaper Le
Monde reported May 6 that an Algerian support group for
Benchicou, le Comite Benchicou, issued a statement calling
the pardon a "smoke screen" that failed to address the root
problem with Algeria's laws governing freedom of the press.

ERDMAN