Showing posts with label Ministry of Justice. Show all posts
Showing posts with label Ministry of Justice. Show all posts

Tuesday, January 3, 2012

A new year begins with jail for journalists who insulted Minister, and more oil money for all!

Well, Happy New Year readers! Let's get straight to the news.

Azzaman Journos sent to jail (again)
The 2 journalists from Omani newspaper Azzaman, who were found guilty of insulting the Minister of Justice last October, had their convictions and draconian 5 month jail sentences upheld by the Omani Court of Appeal a couple of days ago.

This should not have come as a surprise, as in a legal sense they were clearly guilty - the law is so broad and is very easy to breach - plus, lets face it, when taking on the Ministry of Justice on a matter of law the odds are pretty stacked against you!

Arabian Business.com, by Claire Ferris-Lay Monday, 2 January 2012 Oman daily vows to appeal journalists’ jail terms.

Omani newspaper Azzaman has pledged to appeal a five-month jail sentence given to two of its journalists for insulting the Gulf state’s justice minister, it was reported Monday.

The court of appeal on Saturday confirmed the jail terms given to journalists Yusef al-Haj and editor-in-chief Ibrahim al-Maamaria for an article published in May alleging corruption in the justice ministry, newswire AP said.

The court initially ordered the newspaper suspend its operations for a month but decided not to enforce the ruling. Another justice ministry employee was also given five months in prison for telling the journalists that a ministry employee had been denied his salary and benefits by the justice minister without valid cause.

Azzaman’s board of directors in a statement complained against the court’s failure to respect an agreement to acquit the pair in exchange for apologizing to the minister, the newswire said.


I expect a royal pardon soon to get past this trivial issue. Having this case drag on means we get named in the company of really nasty places like Iran and other Middle East countries who are really imprisoning journalists by the bus load.


High Oil prices support Oman Economic 'Growth'
Meanwhile, Oman's Government continues to pump the extra cash from the high oil prices into the economy, with massive fiscal injections - Government spending is up by almost 20% in the last 10 months of 2011.

[Oman Observer]....
Regarding the Public Finance, the State General Budget for the fiscal year 2011 was approved with a total expenditure amounting to RO 8,130 million and a deficit amounting to RO 850 million and was based on the assumption of the oil price at $58, note that the average price of the Oman oil in the year 2011 amounted to about $102.
During the year, additional financial allocations have been approved that amounted to RO 1.8 billion, most of which was concentrated on the current civil and security expenditures bringing the deficit of the budget to about RO 2.6 billion. However, and as a result of the stable global oil prices at a higher level, the actual budget is expected to achieve a financial surplus that may reach about RO 1 billion, where an amount of RO 700 million will be used as a part of the means of funding for covering the deficit of the budget of the year 2012, while the remaining surplus, if any, in light of the final closing for the accounts of the fiscal year will be used to strengthen the financial reserves of the State.


The windfall from high oil prices is helping Oman to protect the domestic economy from the ongoing crisis in the Global economy, and to pay for all those extra Government jobs needed to keep the peace in Sohar and Salalah following the protests. It doesn't do much to diversify the economy, but hey, it's better than nothing.






Oman is still totally dependent on oil and gas exports, directly as oil and LNG, and indirectly via exports of either refined gasoline or the highly subsidised energy heavy exports of aluminium & methanol. This is why the reports from the Ministries of 20% growth in 'non-oil exports' is very misleading.

The preliminary forecasts of the Gross Domestic Product (GDP) suggest that the national economy in the year 2011 will achieve a growth of (7 per cent) exceeding the growth rate achieved in the previous year (2010) that amounted to (6 per cent). This growth in national economy is based on the added value of the non-oil activities that are projected to achieve a growth rate of (10 per cent) compared with (2 per cent) for the oil activities. This is also attributed to the increased domestic demand as well as the increased non-oil exports by (20 per cent) compared with the year 2010.


Oman still actually manufactures fuck all. Food imports are rising, and there is precious little to buy in the supermarkets that comes from within (as per the rest of the Middle East). Most non-Governmental services are provided by predominantly expat labour. Especially construction, which is perhaps the biggest real thing being made in Oman, GDP-wise.

Thus, the money from the extractive energy sector continues to hide the underlying malaise in Oman's 'real' economy, and job growth remains a matter of increased Government sector spending, either hiring directly (more ROP officiers) or indirectly from employment related to infrastructure projects funded by the State.

Eventually the Piper will need to be paid.


In Other News
We arrested and will deport 1,243 illegal workers around Seeb and Muscat, all doing nasty manual labour jobs Omanis don't want.

... "We caught 174 [all but one Bangladeshis] illegal workers from a single farmhouse in Baushar during one such raid," he said, and added that the Mawaleh Fruits and Vegetable Market was also raided by the teams to root out illegal workers from the wholesale market.

Al Badi pointed out that among the arrested there are 417 absconding workers, 525 released workers and 162 infiltrators.

According to him, most of the apprehended workers were mostly engaged in farm work, construction industry and restaurant businesses.



Killing ourselves by driving on the roads continue to be a real growth industry, with official deaths up 25% in 2011.

Muscat : Traffic accidents continue to be a big worry for Oman, with almost a 25 per cent increase in deaths during 2011, according to Lieutenant General Hassan Bin Mohsin Al Shraiqi, Inspector-General of Police and Customs.

Presiding over the second meeting of the National Committee for Road Safety at the Police Headquarters in Qurum on Saturday, the top police officer in the country said: "The 1,051 fatalities and 11,322 injuries in road accidents [last year] in Oman is a worrying trend, even though the Sultanate is not considered among the countries with high rates of road crashes."



"...not considered among the countries with high rates of road crashes". LMFAO. This is such typical Omani Government bullshit. As I reported earlier, these ROP stats only count those adults that die at the scene of the accident - to get a more representative number you can double the official one to take account of children and later deaths in hospital. With over 2100 road deaths a year in a population of ~2.5 million, we are killing close to 1 in a thousand, every year. Local blogger Muscat Mutterer posted about the reasons in an excellent rant.


At least the ROP border guards at Al Wajaja had an awesome New Year's eve, taking delivery of oops, I mean confiscating 35,000 rials worth of demon drink from a particularly unlucky 'Arab national'. I'm sure it was all properly disposed of... hic ... just like all the rest of the booze taken at the Oman border!

Cheers to that.

So here's to a good 2012. Feel free to recommend a facebook 'like' of Muscat Confidential to your friends!

Thursday, October 13, 2011

International NGO 'Committee to protect Journalists' writes formal letter to His Majesty over trial of Al Zaman journalists

Update on Omani journalists' trial for 'insulting' the Minister of Justice.

The trial of the 2 Al Zaman journalists over the alleged 'insult' to the Minister & Ministry of Justice will go to appeal this Saturday, 15th October.

You can find an Arabic summary of the case is here, and the original trial itself here.


The arrest and sentencing of the journalists to 5 months imprisonment has draw international attention, including the NGO 'Committee to Protect Journalists' [CPJ]. The NGO recently wrote a letter to His Majesty Sultan Qaboos (see below) to highlight their concerns over the treatment of the journos, their unfair trial, the new Publications Law amendment, and most interestingly, the reports of interference in the trial by the Attorney General.





The letter refers to reports that the Oman's Attorney General Al Hilali ordered the judge to pass a ruling condemning the newspaper and its editors. The journalists' lawyer, Ahmed al-Ajami, reportedly alleged that the Justice Minister called the Attorney General and told him to make clear to the judge what ruling should be made.

Oh dear, that doesn't sound very... just.


See CPJ concerned by politicized trial in Oman.

October 11, 2011

His Majesty Sultan Qaboos bin Sa'id
Sultan, Head of the Supreme Judicial Council, Prime Minister, and
Commander-in-Chief of the Omani Armed Forces
Office of the Sultan
The Royal Palace
PO Box 875
Muscat 113
Sultanate of Oman

Via facsimile: +968 24 735 375

Your Majesty Sultan Qaboos:

The Committee to Protect Journalists is writing to bring to your attention reports of an unfair trial of two Omani journalists and a civil servant sentenced to imprisonment on defamation charges. We ask you, in your capacity as head of the Supreme Judicial Council, to instruct the judicial authorities to respect the letter of the law and allow the defendants an opportunity to prove their innocence. This case will be appealed on October 15, and we hope the verdict against the newspaper and the three men will be reversed. We are also alarmed by the October 9 royal decree that amends an article in the Press and Publications Law, further tightening government control over the media, and urge you to consider the negative effect the amendment will have on independent media in Oman.

On September 21, an Omani court sentenced Editor-in-Chief Ibrahim al-Ma'mari and editor Youssef al-Haj of independent newspaper Al-Zaman, and longtime civil servant Haroun al-Mukeebli, to five months' imprisonment on charges of "defaming" and "insulting the dignity" of the minister of justice and his deputy. The court also ordered Al-Zaman to shut down for one month. The defamation charges stem from a May 14 article written by al-Haj in Al-Zaman alleging that the justice minister and his deputy refused to grant a salary and grade increase to al-Mukeebli. Al-Zaman has been allowed to operate until the appeals court rules on the case, and the defendants have been free on bail.

We are also concerned by highly credible reports that Attorney General Hussein al-Hilali ordered the judge to pass a ruling condemning the newspaper and its editors. One of the sources cited in these stories is the journalists' lawyer, Ahmed al-Ajami, who also alleged that the justice minister called al-Hilali and told him to make clear to the judge what ruling should be made. Al-Ajami told Al-Zaman that the journalists had not been given a fair trial and said that the prosecutor did not submit a written or oral statement, which is inconsistent with Omani law and internationally recognized fair trial standards.

Oman's Minister of Justice, a political appointee, also holds the post of deputy head of the Supreme Judicial Council, so it is vital to ensure that this trial be carried out in a transparent and fair manner. The credibility and independence of Oman's judiciary depend on it.

The October 9 royal decree amending Article 26 of the Press and Publications Law prohibits publishing "anything which may prejudice the safety of the state or its security, all that is related to their bylaws and internal regulations, any information or news or official secret communications, whether the publication was through visual, audio, or print or through the Internet, unless permission is obtained from the respective authority. It is also banned to publish the wordings of agreements and treaties concluded by the government before they are published in the official gazette." The failure here to unambiguously define "prejudicing the safety of the state" invites maximalist interpretations of the law and allows overzealous prosecutors to abuse it. In addition, the sweeping nature of the amendment and the ambiguity of its meaning create significant concerns about the fairness of future legal proceedings.

We urge your majesty, as the head of the Supreme Judicial Council, to condemn the botched trial of these journalists and ensure they are given an opportunity to prove their innocence. We also urge your majesty to consider the effect the amendment will have on independent media in Oman. Your actions could affirm Oman's commitment to press freedom and the rule of law.

Thank you for your attention to this urgent matter. We look forward to your response.

Sincerely,

Joel Simon
Executive Director




Let's see what happens on Saturday.

Tuesday, September 27, 2011

Minister of Justice presses charges against Omani newspaper for 'insulting him and the Ministry'. Courts order shutdown and jail 2 journalists

Here's a topic for the incoming Majlis Al Shura to fix - Oman's antiquated media and 'freedom of expression' (sic) laws. In a criminal case brought by the Minister of Justice Mohamed Al-Hanai, a few days ago the Omani courts ruled against a small Muscat-based Arabic language paper Al-Zaman, ordering the paper closed for a month and sentencing an editor and journalist to 5 months in prison for publishing allegations of corruption within the Ministry. The case goes to appeal on Oct 15th.





These are the charges:
- insulting the Justice Ministry
- insulting the Justice Minister and his Under-Secretary
- trying to create divisions within Omani society
- violating article 60 of the civil code (the publications law)
- working as a journalist without a permit.


What an evil bunch. Who would ever commit such heinous acts? They were insulting a Minister of the Crown; impuning his reputation (albeit based on reports of allegations to the contrary). As for the last 3 charges, well, almost any publication can be found guilty of those if you want to.

[side note to UD from Consigliere on list above: - Yep (although not this Ministry), Yep (although not this Minister), arguably; yep (who hasn't?); yep (obviously) ].


Er, indeed Consigliere. Noted. Five months in prison, you say? I think we all await the results of the appeal on baited breath. However I fear the problem is with the law itself, not the legal process or the probity of the Courts. I bet I could legally convict my cat. with a violation of Article 60.

I mean, the person pressing charges is the Minister in charge of the law! I suspect his legal case is pretty well honed.



Photo: Insulted Minister of Justice for Oman Mohamed Al-Hanai shown here on left (Muscat Daily)


Dhofari Gucci blogged about it today too here.

The news of their arrest and conviction was reported world wide (Journalists write the world's news, remember chaps?) (eg. BBC) and was even reported in the Times of Oman. Here's the BBC report:

Oman editors jailed for 'insulting' justice minister

A court in Oman has jailed two senior journalists for five months for insulting the justice minister.

The court also ordered the closure of Ibrahim al-Maamary Yussuf and al-Haj's newspaper, Azzaman, for one month.

The newspaper had published articles alleging corruption inside the justice ministry.

The case stirred complaints about media clampdowns in the Gulf Arab nation, which faced small but significant pro-reform protests earlier this year.

An Omani official, Haron Saeed, was also sentenced to five months in jail in the same case.

All three were found guilty of "insulting" Justice Minister Mohamed al-Hanai and his under secretary of state by accusing them of "fraud, deception and prevarications" in an article published on 14 May.

Defence lawyer Ahmed al-Ajmi said he had succeeded in having the three freed on bail and the order closing the newspaper suspended, until an appeal against the verdicts on 15 October.
...



Oman's media laws are ill-defined, poorly served by legal president, and give broad reasons for courts to convict. Note the trial was a criminal case, not just a civil suit. And readers should know that in this specific case, under the law, it would NOT be a defense to simply prove the allegations are true.(!)

So, the Minister of Justice was well within his legal rights to press charges, presumably also feeling darn right insulted, and the courts would not have had difficulty reaching a legally valid verdict in his favour, as the law is so draconian. What the case has highlighted is the true state of play with journalism and law in the Sultanate, something I've blogged about often.

There is no real freedom of expression in Oman, especially in the licensed media. This blog has been blocked by the internet authorities several times in the past.

It's about time Omani law recognised that public criticism of the Government's performance or of Government Ministers, especially if true, is not the same thing as sedition. At the same time, journalists should know that reporting hearsay and accusations as if they were true means those claims first need to be substantiated, or they can be correctly considered libel in any reasonable jurisdiction. Even then it should be a civil case.

The big international Journalism NGO Reporters without Borders is also involved:

MUSCAT-BASED NEWSPAPER CLOSED, JOURNALISTS FACING TRIAL OVER ARTICLE ABOUT JUSTICE MINISTRY

Reporters Without Borders has written to Sultan Qaboos, Oman’s head of state, expressing deep concern at tomorrow’s trial of Yousef Al-Haj, a journalist with the Muscat-based daily Al-Zaman, as a result of a complaint by justice minister Mohamed Al-Hanai about article published on 14 May.

In its letter, sent on 11 August, Reporters Without Borders voiced amazement at the range and scale of the charges brought against Al-Haj in response to the article, which quoted a justice ministry employee’s allegations about growing corruption within the ministry and favouritism in promotions.

“The proceedings are out of all proportion to the gravity of the offence and we call for their immediate withdrawal,” the letter said. “We fear that Yousef Al-Haj will not have time to organize his defence for the first hearing and will not get a fair trial.”

After being summoned at short notice for interrogation at the prosecutor’s office on 5 July, without having time to notify is lawyer, Al-Haj was charged with:

insulting the justice ministry
insulting the justice minister and his under-secretary
trying to create divisions within Omani society
violating article 60 of the civil code (the publications law)
working as a journalist without a permit.


Reporters Without Borders has been told that Al-Zaman editor Ibrahim Al-Mo’amari had applied for press cards for his journalists and had obtained the requested accreditation for all of them except Al-Haj.

On returning to the newspaper after his interrogation on 5 July, Al-Haj was surprised to find he had been banned by the information ministry from writing any further articles for publication. The ban is still in force. He had been interrogated by the police three times in the past without being banned.

The Reporters Without Borders letter also advised against closing Al-Zaman in response to an order issued by a Muscat court in connection with the case. “It would be regrettable if the Omani courts upheld this decision, which would violate freedom of the press and would give credence to the journalist’s allegedly defamatory claims.” The newspaper has nonetheless been closed.

The president of Al-Zaman’s board, its editor and one of its design editors are also to be tried tomorrow on a charge of illegally employing Al-Haj without a permit from the information ministry. Many journalists work without permits in Oman.



So, lots of good press for Oman in the global media, just as we approach the Majlis elections (which were supposed be the 'good news' story).

Still, Muscat Confidential says well done Justice Minister Mohamed Al-Hanai! His job is to enforce the law, and he's a man that clearly enjoys his work. He's got guts.

I mean, we've had riots, strikes, civil disobedience, looting, arson, demonstrations, sit-ins, arrests, imprisonment, wholesale changes to the Cabinet & the constitution, and then yet further protests. (and that's just what was reported in the Times of Oman)

And now people choose to insult the Minister of Legal Affairs by publishing tattle-tale from his junior staff about corruption and nepotism. My god - has it come to this? This, this is anarchy.

I join the honorable Minister of Justice in saying, No.

Not here.

Not now.

Here, we draw the line.


Insulting a Minister? How about you try a few months imprisoned at His Majesty's pleasure my son.

Booyakkashah.





On a different topic entirely, Enforcing the law, Saudi Arabia Style.