IFEX - News from the international freedom of expression community
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ALERT - KENYA

3 December 2002

FXI condemns harassment of South African journalists by Kenyan police

SOURCE: Freedom of Expression Institute (FXI), Johannesburg

(FXI/IFEX) - In a 3 December 2002 statement, the FXI condemned the actions of
the Kenyan police on the weekend of 30 November to 1 December, during which they
arrested, manhandled and detained two South African journalists in the Kenyan
coastal city of Mombasa.

According to media reports, independent foreign service reporter Beauregard
Tromp and "Star" photographer Mujahid Safodien were arrested on the evening of
30 November, allegedly after being "fingered" by a police informer, and because
of their "Middle Eastern appearance". They were harassed, threatened and forced
to accompany police officers to a local police station where they were subjected
to questions and intimidation about their presence in the city. No reasons were
given for their arrest and detention, nor were they allowed to contact officials
at the South African High Commission in Nairobi for assistance. Subsequently,
when Safodien tried to take pictures after the police officers forced the
journalists to drive from the station to their hotel and back, he was physically
manhandled. The two were eventually released on the night of 30 November but
their passports were withheld until the following day, when again they were
subjected to further interrogation.

The FXI stated that these reprehensible acts of state violence against
journalists and media practitioners must be condemned in the strongest terms
possible. Under the Kenyan Constitution, no person may be arrested arbitrarily
and without being informed of the reasons for their arrest. The FXI argued that
this fundamental guarantee, which underpins the principle of due process, cannot
be subverted merely because the government needs to enhance its prosecution of
the war against terrorism. The FXI observed that unfortunately, human rights and
fundamental freedoms in Kenya appear to be honoured more in their breach than
respect by the KANU government.

The FXI further stated that media repression is rife in Kenya and local and
foreign journalists have been subjected to physical attacks, arrests,
intimidation, detention, malicious prosecution, defamatory action with punitive
damages and the closure of media houses. The FXI cited the 2001 index on the
status of media freedom in the world by the United States-based human rights
body Freedom House, which listed Kenya as a country where there is "No Freedom"
of the press (see IFEX alerts of 1 December and 30 November 2001).

The FXI urged the Kenyan government to take immediate action against the police
officers involved and also to issue an unequivocal apology to the two
journalists for the unwarranted violation of their basic human rights. In the
same context, the FXI urged the Kenyan government to adhere to its
constitutional, regional and international conventional requirements and respect
the right of the media to operate freely without due interference in the
country. While acknowledging that the crime of terrorism was despicable to the
extreme, the FXI argued that the fight against it cannot be used as an excuse to
infringe on the basic rights and freedoms of Kenyans or any other person present
within the country.

For further information, contact Simon Kimani Ndung'u, FXI at P.O. Box 30668,
Braamfontein, 2017, Johannesburg (Street Address: 5th Floor Argon House, 87 Juta
Street, Braamfontein, Johannesburg), South Africa, tel: +27 11 403 8403/4, fax:
+27 11 403 8309, e-mail: [email protected] [2], Internet: http://fxi.org.za [3]

The information contained in this alert is the sole responsibility of FXI. In
citing this material for broadcast or publication, please credit FXI.
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