JOURNALISTS' ARRESTS POINT TO INCREASE IN POLITICALLY-

UNCLAS SECTION 01 OF 02 LILONGWE 000406

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PDEM KPAO PGOV KCOR MI
STATE FOR AF/S GABRIELLE MALLORY
STATE FOR INR/AA
USAID FOR AYANNA TOURE

SUBJECT: JOURNALISTS' ARRESTS POINT TO INCREASE IN POLITICALLY-
MOTIVATED PROSECUTIONS

Ref: A) Lilongwe 390 B) Lilongwe 391 C) 05 Lilongwe 971

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1. (U) Summary: Three independent journalists were arrested in
Lilongwe on May 8 and charged with criminal libel, for
publishing a story that accused Malawi's attorney general of
theft. The arrests are the latest in what appears to be a
growing trend toward politically-motivated arrests and
prosecutions. End Summary.

Independent Journalists Charged
--------------


2. (U) The editor of "The Chronicle" newspaper, Rob Jamieson,
and two of his staff were arrested on May 8 and detained
overnight before being released on bail by a magistrate in
Lilongwe. All three were charged with criminal libel arising
from a story published in the Chronicle on May 2 that
implicated Attorney General Ralph Kasambara in the possession
and attempted sale of a stolen laptop computer. The maximum
penalty for criminal libel is a small fine, and the last
successful prosecution was in 1970. The Chronicle is the most
professional of Malawi's small independent newspapers, and the
paper has often irritated government officials with its
critical (and mostly accurate) coverage of the political
scene. The Chronicle was recently barred by government press
officers from covering the arrival ceremony of the visit of
President Mugabe, presumably out of fear that the paper's
coverage would be negative.

A Growing Trend of Political Arrests
--------------


3. (SBU) The arrests of the Chronicle journalists are the
latest in an accelerating trend of what appear to be
politically-motivated prosecutions of government opponents.
Since the September 2005 arrest of former minister of
agriculture Gwanda Chakuamba for insulting the president, a
number of opposition figures, mostly from the United
Democratic Front (UDF),have been arrested on a range of
charges.


4. (U) Two UDF legislators who led the October 2005
parliamentary impeachment effort against President Mutharika
were arrested in November for fraud and misrepresentation (Ref
C),and the UDF national spokesman Sam Mpasu was arrested for
corruption. Vice President Chilumpha was arrested on
corruption charges in December. In January, two UDF activists
were arrested for treason for allegedly plotting the overthrow
of government. The treason charges were thrown out, but the
state filed sedition charges against one defendant who was
later convicted. In March, UDF spokesman Sam Mpasu was again
arrested, this time for trespassing, and a number of Muslim
leaders sympathetic to Vice President Chilumpha were taken in
on charges of unlawful assembly. In April, three senior UDF
leaders were arrested for insulting the president. Most
recently, Vice President Chilumpha and 13 others were arrested
in connection with an alleged assassination plot against
President Mutharika. Twelve of those have been released for
lack of evidence (Ref A),and only Chilumpha and one other
defendant remain in custody. The arrest and detention of most
of Chilumpha's co-defendants coincided almost precisely with
the four-day visit of President Robert Mugabe. (Ref B).

Comment
--------------


5. (SBU) The clear increase in the number of arrests of
opposition figures in recent months is cause for concern.
While government's actions have been legal in the strictest
sense, the majority of these cases have resulted in dismissal
or suspension by means of injunction. Many of those arrested
have been charged under Banda-era laws such as criminal libel
and the Protected Names, Flags and Emblems Act, which local
legal scholars view as essentially unconstitutional under the
current Constitution.


6. (SBU) The upsurge in arrests has caused some Malawians to
fear a return to the arbitrary arrest and detention that has
been a part of life for journalists and politicians for most
of this country's post-independence history. Some of the
pending cases may be genuine, but the failure to prosecute
them in a timely manner reinforces the perception among
Malawians that government is using the powers of arrest as a

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political tool. This risks eroding government's moral
authority, and may lead Malawians to lose confidence in
President Mutharika's fight against corruption.

EASTHAM