TRIPOLI — The Libyan authorities must free Amara Hassan Al-Khatabi, editor of Al-Ummah daily and drop charges against him, says Human Rights Watch. Al-Khatabi, who has been in detention since Dec. 19 last year, is on trial on charges of defaming members of the judiciary. He has been on hunger strike since Feb. 28 and on April 4, with his health deteriorating was moved to hospital. His wife, Masara Al-Ghussain has since also be refusing food. In its Nov. 21 edition, Al-Ummah published an article naming 87 judges, prosecutors and lawyers whom it accused accused of corruption and loyalty to Muammar Gaddafi, along with a preface stating that it had received the list from an unnamed source and was reprinting it as it was. “Jailing journalists who accuse officials of corruption is a well-tested recipe for stifling free speech and political debate, whether or not the accusations have merit,” said Eric Goldsein, deputy Middle East and North Africa director at Human Rights Watch. Libya must revise its laws to eliminate the offense of “insulting” officials and state institutions, and decriminalize defamation so that no one faces prison terms for that offense, HRW said. “Libya should free Khatabi and eliminate its laws that provide prison terms for nonviolent speech.” At the beginning of last month, Justice Minister Salah Al-Marghani called on the attorney general to release the editor on bail due to his frail health, also saying that journalists should face fines rather than prison for professional offenses. Marghani's call was echoed Friday by the Minister of Culture Habib Mohammed Al-Amin, who said that the seizure and detention of writers and journalists should not be happening in the new Libya, and that the new constitution would guarantee freedom of expression and professional and trade union rights. HRW pointed out that the authorities are prosecuting Khatabi under Article 195 of the Gaddafi-era penal code, that stipulates, “any person who may launch what may be regarded as an attack against the Great Fateh Revolution or its leader shall be punishable by imprisonment …. The same penalty shall be levied against any person who insults the popular authority, a judicial, defense or security body”. HRM said that it had been told by Ramadan Salem, Khatabi's lawyer, that he had not been granted permission to visit his client, while he was detained in Al-Hadhba prison, despite submitting three formal requests to the public attorney's office. At the most recent court session on April 1, HRW noted that Khatabi sat in a wheelchair and that two guards had to help him to his feet when his case was called. “He remained silent throughout the proceedings, which his family attended.” — Libya Herald
