Posted 2011/8/4

Republic of Congo: Trial against Congolese human rights defender Laudes Martial Mbon

On 21 July 2011, criminal proceedings for slander opened in Brazzaville against journalist and human rights defender Laudes Martial Mbon. Laudes Martial Mbon is director of publications at Tam Tam d'Afrique, an independent weekly newspaper which regularly publishes articles on the human rights situation in the country.

Laudes Martial Mbon was called to appear before the third criminal chamber at the Court of First Instance of Brazzaville on 21 July to respond to charges of slander. Proceedings were opened following a statement received on 12 July from Antoine Ernest Olessongo, former president of the District Court of Mfilou in the Seventh arrondissement of Brazzaville.

In its publication n° 386 on 15 June 2011, the weekly Tam Tam d'Afrique published an article in which it reported the contents of a ‘plea’ made by two human rights organisations, the Association for Human Rights and Peace Culture (CUDHOC) and National Circle for Human Rights and Peace (CNDHP). The plea, which had already been widely communicated to judicial authorities, reported a case described by CUDHOC and CNDHP as poor administration of justice and involving Antoine Ernest Olessongo.

The charge of slander is foreseen by article 373 of the Congolese penal code and is punishable by up to five years in prison. According to the writ of summons, Antoine Ernest Olessongo is also to have requested the payment of damages and interest of 200,000,000 francs CFA (roughly 424,000 USD).

According to information received, before citing Laudes Martial Mbon in court, Antoine Ernest Olessongo did not make use of his right to reply in accordance with the law n° 8-2001 of 12 November 2001 on freedom of information and communication.

While recognising the right of every citizen to take a case to court, Front Line wishes to express its concern regarding a criminal trial against the journalist and human rights defender Laudes Martial Mbon for the publication of an article on a presumed case of poor administration of justice already widely known about and communicated to judicial and administrative authorities.

Action Update Needed. Before taking further action on this case please contact info@frontlinedefenders.org for further information