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Angolan journalist settles defamation case over blood diamonds book Angolan journalist settles defamation case over blood diamonds book
(about 17 hours later)
An Angolan journalist put on trial after exposing killings and torture in the country’s diamond mines has walked free after all defamation charges against him were dropped.An Angolan journalist put on trial after exposing killings and torture in the country’s diamond mines has walked free after all defamation charges against him were dropped.
Rafael Marques de Morais reached an out-of-court settlement with a group of generals he had accused of profiting from blood diamonds, accepting that they did not have direct knowledge of the atrocities. But his evidence of the atrocities themselves was not questioned.Rafael Marques de Morais reached an out-of-court settlement with a group of generals he had accused of profiting from blood diamonds, accepting that they did not have direct knowledge of the atrocities. But his evidence of the atrocities themselves was not questioned.
The agreement means Marques will be spared a lengthy trial that could have resulted in a nine-year prison sentence and fine of $1.2m (£800,000). “The relief is I have time to continue on the investigations I have,” the activist said from the capital, Luanda, on Thursday night. “Now I can go back to investigating high-level corruption and human rights abuses.”The agreement means Marques will be spared a lengthy trial that could have resulted in a nine-year prison sentence and fine of $1.2m (£800,000). “The relief is I have time to continue on the investigations I have,” the activist said from the capital, Luanda, on Thursday night. “Now I can go back to investigating high-level corruption and human rights abuses.”
Marques originally faced nine defamation charges relating to his 2011 book, Blood Diamonds: Corruption and Torture in Angola, which detailed more than 100 killings and hundreds more cases of torture allegedly perpetrated by security guards and soldiers in the diamond fields of Angola’s Lundas region. When the trial began, behind closed doors, the number of charges rose to 24.Marques originally faced nine defamation charges relating to his 2011 book, Blood Diamonds: Corruption and Torture in Angola, which detailed more than 100 killings and hundreds more cases of torture allegedly perpetrated by security guards and soldiers in the diamond fields of Angola’s Lundas region. When the trial began, behind closed doors, the number of charges rose to 24.
Related: Angolan journalist faces further charges over blood diamonds claims
Marques held a private meeting with the seven generals, who include one of President Jose Eduardo dos Santos’ closest allies, leading to Thursday’s deal. The British, Mozambican and Angolan directors and partners of ITM Mining, which features in his book, also dropped charges.Marques held a private meeting with the seven generals, who include one of President Jose Eduardo dos Santos’ closest allies, leading to Thursday’s deal. The British, Mozambican and Angolan directors and partners of ITM Mining, which features in his book, also dropped charges.
Marques, who read a statement to the court, explained: “Basically I acknowledged and reaffirmed that I never made any direct contact with the generals prior to writing my book. That was because I contacted the companies involved and gave them all the information. I only learned in court that the companies never informed them. I acknowledged the explanation they gave to me.”Marques, who read a statement to the court, explained: “Basically I acknowledged and reaffirmed that I never made any direct contact with the generals prior to writing my book. That was because I contacted the companies involved and gave them all the information. I only learned in court that the companies never informed them. I acknowledged the explanation they gave to me.”
Marques told the court he never intended to offend the generals but was simply reporting on the suffering of the Lundas people. He added: “If the generals and ITM Mining had the opportunity to answer my questions, my initial approach to accuse them directly might have changed.”Marques told the court he never intended to offend the generals but was simply reporting on the suffering of the Lundas people. He added: “If the generals and ITM Mining had the opportunity to answer my questions, my initial approach to accuse them directly might have changed.”
But there was no challenge to any of the evidence of killings and torture that the 43-year-old presented in his book. “The sanctity of the cases was preserved. Not once was any of these cases put into question.”But there was no challenge to any of the evidence of killings and torture that the 43-year-old presented in his book. “The sanctity of the cases was preserved. Not once was any of these cases put into question.”
Marques made two public commitments: that his book would not be republished and that he would continue to monitor the human rights situation in Lundas. “The generals and companies are expected to provide the access and the necessary support to ensure human rights are protected in the region. It’s on the court record,” he said.Marques made two public commitments: that his book would not be republished and that he would continue to monitor the human rights situation in Lundas. “The generals and companies are expected to provide the access and the necessary support to ensure human rights are protected in the region. It’s on the court record,” he said.
The generals co-own a private security company whose employees allegedly carried out many of the cases of murder and torture described in the book. By striking the deal, they avoided a potentially embarrassing trial in which the crimes could have been detailed all over again.The generals co-own a private security company whose employees allegedly carried out many of the cases of murder and torture described in the book. By striking the deal, they avoided a potentially embarrassing trial in which the crimes could have been detailed all over again.
Marques said he felt sad for witnesses from Lundas who had been making the long journey to the court in Luanda only to turn back because their statements were no longer required.Marques said he felt sad for witnesses from Lundas who had been making the long journey to the court in Luanda only to turn back because their statements were no longer required.
“What I can do is commit to monitor their safety and push for a judiciary that cares about human rights abuses and punishes such violations. I will regroup, reboot and then continue to pursue the protection of human rights.”“What I can do is commit to monitor their safety and push for a judiciary that cares about human rights abuses and punishes such violations. I will regroup, reboot and then continue to pursue the protection of human rights.”
Marques said he was encouraged by the actions of some in the military to end the case. “Some of the generals have shown willingness to engage themselves trying to fix the situation. Dialogue will be the instrument for us to address it. It will enable the community to see some light in this situation when it appeared to be the wild west in Lundas.Marques said he was encouraged by the actions of some in the military to end the case. “Some of the generals have shown willingness to engage themselves trying to fix the situation. Dialogue will be the instrument for us to address it. It will enable the community to see some light in this situation when it appeared to be the wild west in Lundas.
“These are the most powerful generals in the country. If they have come to the conclusion it is time to do something about human rights in this region, no company will dare to try and hide behind them.”“These are the most powerful generals in the country. If they have come to the conclusion it is time to do something about human rights in this region, no company will dare to try and hide behind them.”
Marques, who has run his investigative website Maka Angola from his kitchen for seven years, has been jailed before for branding Dos Santos a dictator. Marques spent 43 days locked up without charge in 1999, going for days at a time without food or water in solitary confinement.Marques, who has run his investigative website Maka Angola from his kitchen for seven years, has been jailed before for branding Dos Santos a dictator. Marques spent 43 days locked up without charge in 1999, going for days at a time without food or water in solitary confinement.
He said he did not regard the latest case as a personal vindication or victory. “There can only be one winner: the people of Lundas. I get no comfort. This is not about me, it’s about the suffering of those I’ve been reporting on,” he said.He said he did not regard the latest case as a personal vindication or victory. “There can only be one winner: the people of Lundas. I get no comfort. This is not about me, it’s about the suffering of those I’ve been reporting on,” he said.
Amnesty International hailed the end of the case as a triumph for freedom of expression. Deprose Muchena, the organisation’s regional director for southern Africa, said: “The dropping of the charges against Rafael Marques de Morais is a clear demonstration that there was no case against him, as we have been saying from the beginning. As a journalist, whose only crime was to document human rights violations in the country, we believe that he has always been innocent.”Amnesty International hailed the end of the case as a triumph for freedom of expression. Deprose Muchena, the organisation’s regional director for southern Africa, said: “The dropping of the charges against Rafael Marques de Morais is a clear demonstration that there was no case against him, as we have been saying from the beginning. As a journalist, whose only crime was to document human rights violations in the country, we believe that he has always been innocent.”
Jeff Smith, Africa policy expert at the Robert F Kennedy Centre for Justice and Human Rights, said: “This is an absolutely stunning turnaround, as many of us were dug in for the long haul.Jeff Smith, Africa policy expert at the Robert F Kennedy Centre for Justice and Human Rights, said: “This is an absolutely stunning turnaround, as many of us were dug in for the long haul.
“Rafael is an unbelievably brave and principled man who, in essence, would have put the Angolan government on trial for their rampant human rights abuses that they’ve committed for decades with callous impunity. He stood face to face with Angola’s most powerful and dangerous men, and he did not blink. Rafael is a hero and I’m proud to call him my friend.”“Rafael is an unbelievably brave and principled man who, in essence, would have put the Angolan government on trial for their rampant human rights abuses that they’ve committed for decades with callous impunity. He stood face to face with Angola’s most powerful and dangerous men, and he did not blink. Rafael is a hero and I’m proud to call him my friend.”