Identifier
Created
Classification
Origin
08ALGIERS291
2008-03-10 17:36:00
CONFIDENTIAL
Embassy Algiers
Cable title:  

APPEALS COURT UPHOLDS PRESS DEFAMATION VERDICT

Tags:  PHUM PGOV KPAO AG 
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P 101736Z MAR 08
FM AMEMBASSY ALGIERS
TO RUEHC/SECSTATE WASHDC PRIORITY 5429
INFO RUEHMD/AMEMBASSY MADRID 8860
RUEHFR/AMEMBASSY PARIS 2615
RUEHRB/AMEMBASSY RABAT 2237
RUEHTRO/AMEMBASSY TRIPOLI
RUEHTU/AMEMBASSY TUNIS 7090
RUEHNK/AMEMBASSY NOUAKCHOTT 6286
RUEHNM/AMEMBASSY NIAMEY 1523
RUEHBP/AMEMBASSY BAMAKO 0472
RUEHCL/AMCONSUL CASABLANCA 3320
RHMFISS/HQ USEUCOM VAIHINGEN GE
C O N F I D E N T I A L ALGIERS 000291 

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/29/2018
TAGS: PHUM PGOV KPAO AG
SUBJECT: APPEALS COURT UPHOLDS PRESS DEFAMATION VERDICT

REF: A. 06 ALGIERS 2087

B. 06 ALGIERS 1925

C. 07 ALGIERS 465

Classified By: Deputy Chief of Mission Thomas F. Daughton;
reasons 1.4 (b) and (d)

C O N F I D E N T I A L ALGIERS 000291

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/29/2018
TAGS: PHUM PGOV KPAO AG
SUBJECT: APPEALS COURT UPHOLDS PRESS DEFAMATION VERDICT

REF: A. 06 ALGIERS 2087

B. 06 ALGIERS 1925

C. 07 ALGIERS 465

Classified By: Deputy Chief of Mission Thomas F. Daughton;
reasons 1.4 (b) and (d)


1. (U) SUMMARY: On March 4 an appellate court in Jijel
upheld a May 27, 2007 verdict against the director of
French-language daily El Watan and its lead columnist. The
two were convicted of defaming Ahmed Maabed, the wali
(governor) of Jijel. They were sentenced to two months in
prison and ordered to pay a fine of approximately USD 15,186.
They are allowed to file a final appeal with the Supreme
Court within ten days of the March 4 decision. El Watan has
a circulation of approximately 200,000, making it the most
widely read French-language newspaper in the country. END
SUMMARY.


2. (U) Ahmed Maabed, the wali of Jijel, filed a defamation
complaint against El Watan director Omar Belhouchet and
columnist Chawki Amari in 2006 because of the June 17, 2006
article entitled, "A beautiful summer in Jijel." In the
article, which focused on corruption, Amari asked, "Is it the
system which created the corruption or the corruption which
made the system?" Amari, who writes a daily column on the
back page of El Watan, also suggested that the wali of Jijel
may have given his mistress the use of an SUV that should
have been used by the wilaya (province).


3. (U) In the days since the appeals court rendered its
decision, criticism of the decision has been constant. El
Watan has printed full-page statements of support on a daily
basis. Domestic and international organizations have spoken
out, including the Algerian League for the Defense of Human
Rights, the political party Rally for Culture and Democracy,
and Reporters Without Borders. In response, according to
press reports, Farouk Ksentini, the head of the government's
national human rights commission, described Reporters Without
Borders as a "declared enemy" of Algeria.


4. (C) In a March 8 conversation, El Watan's editor-in-chief
Zine Cherfaoui told us that it is rare for an appellate court
to uphold an original sentence for defamation from a lower
court. A lesser sentence is the norm, he added. Cherfaoui
also told us that Belhouchet and Amari can submit a final
appeal to the Supreme Court, but noted that the Supreme Court
has typically upheld decisions from lower courts in similar
cases. He also posited that it was too early to determine
the motivation behind the sentence and surmised that it was
most likely pressure from the government because El Watan has
opposed the idea of a third term for President Bouteflika.
According to Cherfaoui, because El Watan has its own printing
presses and does not receive advertising revenue from the
Agence Nationale d'Edition et de Publicite (ANEP) (ref A),
the Algerian government has limited other means to influence
the newspaper.


5. (C) COMMENT: While Algeria's press is among the freest in
the region, the use of criminal defamation laws continues to
restrict that freedom (refs B and C). In contrast to
previous cases of defamation that we have seen, El Watan is
fighting back publicly and vigorously. The daily page of
statements of support, from a wide range of individuals and
groups, has kept the issue in the public domain. We will
track any Supreme Court appeal that Belhouchet and Amari
choose to file.
FORD