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.

Omani freedom of expression: Oxymoronic? Time for some definition please.

No real news today. So.

Quick one. Apropos the oxymoron of Omani Freedom of expression. What is it - if it exists?

Omani freedom of expression? Especially with respect to the internet and on-line forums, blogs, etc?

Muscati linked to a recent nice piece from my local IT lawyer of choice BlueChi*


Photo: Omani Internet star: Blue Chi

On line responsibility is real. No-where can you just say what you want. With good reason. Defamation is real, and should - rightly - be controlled by the law. In Oman, for instance, even the dead can be slandered (though not the UK/USA), and when convicted of a crime in an Omani court of law, apparently your identity still cannot be legally publicised! (which come to think of it, might help explain the lack of a court report in the local media).

And in Oman, slander remains a criminal rather than a civil issue. Why? As BlueChi mentions:

...In Oman, and many other countries, this right [UD: of freedom of expression] is restricted by some other legal principles such as defamation and breach of confidence. Defamation is generally defined as the act of spreading false information about a person which could harm that person’s reputation. This law is much more stricter in Oman than in some other places like the UK or the USA as defamation is a criminal act and not merely a civil matter. In addition to this, there is no clear requirement in the law for the statement to be false for it to be offensive, but merely requires it to have the consequence of damaging that person’s reputation.
...

The law in Oman is fuzzy at best, and hugely immature wrt legal precedent. It's time to clear this up, Ministry of Legal Affairs. What is legal freedom of expression these internet days? Some of the stuff being published on the Arabic and English Omani forums is waaaaay out there. What's legal? What isn't?

How does Twitter fit in?

No-one really knows.

We really need some public debate on this. And some resulting improvements to the law.

(*I used to have a link to BlueChi on the blog roll, but truth be told: he suffered heavily from an attack of professionalism, twitter addiction, and low productivity blog-wise).

Isn't it Ironic? Journalist erased from Omani Newspaper, questioned and deported for ... criticising press freedom in Oman

I'm not very happy writing this blog post, dear readers. Not at all.




I didn't think this would ever happened here. Not these days. And maybe it hasn't.

But... I must offer you the facts. You join the dots.

Here's the story.

A few days ago, I was told anonymously that a newspaper reporter in Oman, a Mr. Arun Solomon, had apparently been summarily arrested, questioned, and deported, along with his family, for [allegedly] writing an opinion piece for a foreign newspaper that was (so we are told - no one can now find it) somewhat critical of Oman's general media performance standards-wise; mentioning at the same time such descriptive phrases as 'the Middle Ages'.

Yeah, right, I thought. (I get this stuff all the time, and its usually false.)

I did, naturally, google Mr Solomon, as you do, and in the process read many of his totally acceptable and harmless opinion editorials here in Oman, and news reports, via the web. I could do that only thanks to his newspaper of employment for some significant duration it seemed, The Oman Tribune.

I didn't find anything a fraction unsafe or political.

yet, I asked around. Why not. Follow through.

Wow.

'Yes' was the answer, 'it's true, but shhhh'.

I still didn't believe it. No way. For mouthing off in an overseas paper? Under what law? About how crap our media is? How can that be seriously considered a state secret? LMAOFOFL

But, now,... when I go back to google and do the same searches for Arun's stuff, and follow the links to the Oman Tribune, I get
'ERROR page not found'.



And if I now go to the index page of the 'Opinion' section of The Oman Tribune, surprise surprise, no mention of Mr Arun Solomon.

Nothing.

It was rather spooky.





Go on. You try finding Arun on the Trib's site now by doing a simple Google Search. Follow any link.

See? Zip. Nada. No one home to the name Mr. Arun Solomon at the old Oman Tribune. Like, I'm sorry, Who?

Even if the Tribune has had an attack of what one might call the Essa Al Zedjali's Alzheimer's; fortunately, the web has a memory of course.

Those www.bing.com and Google spiders and servers are out there surfing the web 24/7, gobbling up it seems even the uneventful web publications of The Oman Tribune.

And funnily enough, they still remember Arun Solomon, and the stuff he wrote for the Tribune!





There's more of his stuff there... you just have to ask Google or Bing for the "cached page" instead of actually going to the link. And there he still is, gainfuly employed at the Tribune as of a few days ago. Its almost like a spooky, virtual previous life/alternative Universe.

You can even still (until they read this and fix it perhaps) do a search on the Tribune's own website for "Arun Solomon" and get a zillion hits.... but try finding the words Arun or Solomon in the links you're offered... and there's nothing.

Which, you know, rather disappointed me. Because, surely we wouldn't deport someone for that? And even worse, try to erase him from history? Its soooo,... Kim Yung Il guys.

And - damn it! - I still haven't even seen what he wrote that was apparently so illegal, ... or if he even did!

And that's sort of weird.... seeing as I'm told he was, as they say, 'assisting ISS with inquiries' non-stop for a week.

Arun has, apparently, now left the country. Maybe. If he was ever here...