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Three journalists arrested and charged with criminal defamation by President Mireya Moscoso

by Reporters Without Borders

In a letter to the president of Panama, Mireya Moscoso, Reporters Without Borders (RSF) has protested against the detentions of Ubaldo Davis, Herbert Rattry and Joel Diaz, the publishers of the weekly La Cascara News. The three have been charged with ("calumnia e injuria" (criminal defamation) by the president and by Winston Spadafora, the minister of government and justice. The organization has asked Mireya Moscoso to withdraw the charges against the three media professionals. "It's shocking that three journalists were arrested at night at their homes merely for the publication of humorous material," Robert Menard, secretary general of RSF emphasized. He recalled that according to Abid Hussain, the special reporter for the protection of the right to freedom of opinion and expression, "imprisonment for the peaceful expression of an opinion gravely endangers human rights." Moreover, according to Article 11 of the Declaration of Principles on Freedom of Expression ratified by the Inter-American Human Rights Commission,("laws that penalize offensive expressions directed at public officials... attack freedom of expression." In its letter, RSF also expressed its concern about the arrest of three more journalists for the same reason.

According to reports obtained by RSF, Ubaldo Davis and Herbert Rattry, the publishers of the satirical weekly La Cascara News, were arrested in their homes on the night of September 19, 2001. The next day, Joel Diaz, who also works for the weekly, was also detained. President Mireya Moscoso and Government and Justice Minister Winston Spadafora had charged the three journalists with the crime of "calumnia e injuria." According to Ubaldo Davis's lawyer, Roberto Murgas, they were also charged with "attacking the juridical security of the state." In their first edition, published a few days earlier, the weekly included a spoof about the supposed romances of Mireya Moscoso with her former minister of health, Jose Teran, and with Winston Spadafora. The paper also published photo montages representing the chief executive in the arms of her ministers.

On September 19 of 2001, the weekly was banned for its publishers having neglected to follow Law 11 of February 10, 1978, with respect to the registration of a new periodical. Ubaldo Davis, Herbert Rattry and Joel Diaz were freed on the afternoon of September 21. According to Roberto Murgas, the detention of Ubaldo Davis and Herbert Rattry for more than 24 hours was illegal and in disregard of their rights. The three men now face the risk of up to two years in prison for "calumnia e injuria." Also according to Murgas, the crime of "attacking the juridical security of the state" can result in a 20-year prison term. Shortly after being released, Ubaldo Davis announced that he will make his apology to the president and that, on September 24, he will publish the next edition of La Cascara News, after having complied with all the legal requirements.

Delmiro Quiroga, cartoonist for La Cascara News, and Ramon Boutrich were also arrested briefly on September 20 for interrogation about their presumed roles in the weekly's publication. A sixth journalist, Samid Botello, a Channel 13 videographer, was briefly detained during an incident among police and journalists in front of the police station where two of La Cascara News's three publishers were being held.