According to a reliable source, Saudi billionaire Mohammed al-Amoudi is wanted for questioning by the United States authorities to investigate about possible links with questionable groups. It appears that al-Amoudi has not visited the United States in years. Ethiopian Review is looking into the veracity of this information. We encourage our readers with information to contact us on- or off-line.
Case Reference [2011] EWHC 2037 (QB)
Court QBD
Judge HHJ Richard Parkes QC
Date of Judgment 29 Jul 2011
Summary
Libel – assessment of damages
Facts
The Defendant is the publisher and editor in chief of the Ethiopian Review, an Internet news site. He published an online article alleging that the Claimant’s daughter had been married off at the age of 13 by the Claimant to an elderly and disabled member of the Saudi royal family as a gift, that there are reasonable grounds to suspect the Claimant of having knowingly financed international terrorism, that the Claimant was probably responsible for the murder of a lover supposedly taken by his daughter and the mutilation, burning, parading and hanging of his body in Fallujah, Iraq, and that the Claimant is hunting his daughter (and her supposed daughter) in order that they be flogged, stoned to death or otherwise executed in Saudi Arabia. The Claimant is an international businessman, regularly listed as amongst the world’s richest individuals. He frequently travels to London and is well known here in business circles. He has business and residential interests here, and runs some of his businesses from London. He is in fact on good terms with his daughter, Sarah, the woman featured in the Defendant’s allegations. She is unmarried and has been studying for a bachelor’s degree in England. She lives in the Claimant’s London residence. The Claimant was particularly concerned that the allegations about him would have been read by the large Ethiopian expatriate community in this country, which may number up to 50,000. He is well known amongst that community, not least because he has invested some $4 billion in Ethiopia, and currently has 62,000 people working for him there. The Claimant gave evidence that the Defendant’s allegations are completely untrue. The Court gave the Claimant permission to serve English libel proceedings on the Defendant in the United States, where he is resident. Although he was served with the proceedings, the Defendant took no part in them. The Claimant obtained judgment in default of acknowledgment of service. The Court directed an assessment of damages.
Issue
What sum in libel damages should be awarded in the Claimant’s favour.
Held
The evidence from certain members of the Ethiopian expatriate community here established that they did as a matter of course seek to keep up with affairs in Ethiopia, which was plainly a matter of importance to them. They did so by reading, amongst other things, the Defendant’s online postings. The evidence clearly established a factual basis from which the Court could infer that substantial further publication had taken place beyond that to which individual witnesses spoke. The likely readership of the article was several thousand. Its impact on those members of the Ethiopian community who learned of it would have been substantial.
The Claimant has real, substantial and long established connections to this country. He plainly has an established reputation to protect in this jurisdiction. He had been horrified, very angry and upset about the article.
Vindication was the single most important consideration for the Claimant, particularly since he had previously had to take proceedings here to scotch allegations of links to terrorism. While a reasoned judgment may provide some degree of vindication, the likely effect in this case was marginal. The Defendant had aggravated the damage by his behaviour since the Claimant first complained of the article, abusing the Claimant and his lawyers. It was difficult to imagine allegations more serious than had been made. Taking everything into account and looking at it in the round, the proper award for the libel was £175,000.
(BBC) An Ethiopian-born billionaire has won £175,000 in libel damages over allegations he had hunted his daughter down so she could be stoned to death.
Mohammed Hussein Al-Amoudi was born in Ethiopia, but now spends his time at homes in central London, Surrey and Saudi Arabia.
The article was published on the online news website Ethiopian Review.
Judge Richard Parkes QC said it was difficult to imagine more serious allegations.
The site’s publisher and editor-in-chief, Elias Kifle, had denied liability.
The judge said that instead of apologising Mr Kifle had repeated the libel and abused Mr al-Amoudi and his lawyers.
The High Court in London heard Mr Kifle’s response to the initial complaint was: “Here is my formal statement: Screw yourself”.
The court heard Mr Kifle then went on to describe Mr al-Amoudi as a “scumbag bloodsucker” who was “funding al-Qaeda”.
Mr al-Amoudi, 65, gave evidence during the libel trial that he was completely opposed to all forms of terrorism.
The judge said the site alleged that Mr al-Amoudi had “disgracefully and callously” married off his daughter Sarah, then 13, to an elderly member of the Saudi royal family as a gift.
‘Wholly untrue’
The article went on to claim that Mr al-Amoudi was probably responsible for murdering his daughter’s lover in Iraq and had hunted his daughter and granddaughter across London in an attempt to ensure they were stoned to death in Saudi Arabia.
Mr al-Amoudi told the court he was horrified by the “wholly untrue” article which could be seen by visitors to the website between January and August 2010, when it was finally taken down.
Mr al-Amoudi, who has a son and seven daughters, said he had a normal relationship with Sarah, who was not married.
He said she had completed a business administration degree in the UK.
Assessing damages, the judge said: “The claimant is not, I judge, a man who wears his heart on his sleeve.
“But his distress as he described the effect of the article on himself and on his family was evident to me, and the more so because, as it seemed to me, he was doing his best to preserve his composure.”
Mr al-Amoudi, who was in the top 50 of Forbes magazine’s 2009 rich list, is believed to have made his money in construction, oil refineries and mining.
Mr al-Amoudi, who is of mixed Ethiopian and Arab heritage, is sometimes described as the world’s richest black man.
He was recently reported to be financing the building of Saudi Arabia’s first car factory.
By Yilma Bekele
There is an Amharic saying that comes to mind when you think of the current revelations regarding VOA and its dealings with Ethiopia and Ethiopians. Thanks to Ato Abebe Gelaw’s investigative work we are able to see the inside workings of the independent News Organization. Its credibility is under a magnifying glass and it does not look good. What good is the news if it is filtered? Here is an excerpt from VOA’s Charter and Journalistic code:
The Voice of America pursues its mission today in a world conflict-ridden and unstable in the post-Cold War era. Broadcasting accurate, balanced and complete information to the people of the world, and particularly to those who are denied access to accurate news, serves the national interest and is a powerful source of inspiration and hope for all those who believe in freedom and democracy.
The question becomes is VOA abiding by its code? The fact of the matter is abiding by the code is the only currency VOA got. Its credibility should never be brought into question. The report shows biased attitude and {www:impartiality}. That is not acceptable from an organization set up by the taxpayer to tell the truth, inspire and give hope.
The Ethiopian people inside and the Diaspora all over the world is not asking for special favors. We abhor censorship. We do not exclude anyone. We welcome the inclusion of Ethiopian government officials being interviewed by your able reporters. We look forward to see the Prime Minster sitting with VOA and independent Ethiopian journalists for an in depth interview.
We are dismayed by the actions of the African Division Director. The Ethiopian people are denied access to accurate and independent news. Ethiopian Independent news outlets have been systematically destroyed. VOA itself was the recipient of the Ethiopian dictatorial regime’s wrath when its reporters were accused of genocide after the 2005 stolen {www:ballot}. What does the Director not get here? Has the VOA appealed to other agencies to thwart the jamming devices of the rogue regime? Why is VOA open to such outrageous demands by a regime seen as the enemy of free and independent media?
President Obama when nominating a candidate to be Supreme Court Justice said “I view that quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential {www:ingredient} for arriving at just decisions and outcomes.” That kind of mind set up is what we expect of VOA directors. That reflects the best of America. Dancing with the current abuser is not a winning strategy.
It is not a good feeling to think VOA can be pushed around at the whims of the Directors or the demands of a Warlord. There is nothing sacred anymore? As we have questioned their level of integrity I hope they take measures to reflect upon their inner workings and its adherence to their code.
There was a time when VOA, DW were the only independent voices informing the Ethiopian people. We are always grateful of that. But as things go we have figured that it is always good to have your own too. Who else can speak better about you than yourself? Thus we created ESAT. We know we can compete with the best of them for the ears of the Ethiopian people. Of course we do not have a rich uncle that can give us billions of dollars and satellites {www:galore} and digital sound at our disposal. Sorry ESAT. I see the directors salivating with the prospect of High Altitude satellite broadcasting in Dolby digital sound. No more “ESAT meta ESAT hede.”
We are getting there. Now this business of VOA directors not allowing the professionals to do their job is as I said not acceptable. We have different avenues of showing our outrage and demand equal treatment in different ways that I know of:
· Go to the July 25 rally in DC.
· Send an email to VOA director [email protected]
· Donate to ESAT and help build our own alternative media. http://www.ethsat.com/
It is a free country. If VOA does not change its ways of dancing with criminals we will start organizing to meet representative of Congress that hold the purse strings of VOA. That is our right. I don’t think we will go there. You know why? My pessimism is rooted in an old Amharic saying.
ጨው ለራስህ ስትል ጣፍት ያለዚያ ድንጋይ ነው ብለው ይጥሉሃል
If VOA goes the way of Radio Ethiopia it is not difficult to predict its future.
By Alemayehu G. Mariam
Life and Times of Democracy in Africa
The long march of democracy in West Africa seems to be well underway. In July 2009, I wrote a weekly commentary marveling about Ghana’s multiparty democracy. Wistfully, I asked the {www:rhetorical} question: “Why is democracy in motion in Ghana, and on life-support in Ethiopia?”
In May 2011, in another commentary I expressed my admiration for Cote d’Ivoire President Alassane Ouattara when he publicly asked the International Criminal Court (ICC) to conduct an investigation into gross human rights violations in his country, despite the high risk that he and his top leaders and supporters could potentially be implicated in such an investigation. I rhetorically asked: “Could the election of Alassane Ouattara signal the beginning of Africa’s second independence? Is there hope for the end ofthugtatorship in Africa and the beginning of a new era of democratic {www:governance}, openness and political accountability?”
Hope springs {www:eternal} in Africa and light is now visible at the end of Africa’s thugtatorship tunnel. On May 31, 2011, Nigeria’s newly-elected president Goodluck Johnathan’s lifted the dark curtain of secrecy that had shrouded Nigerian politics for decades by signing a freedom of information act (FOIA). Nigerians now have the legal right to demand open government, political accountability and transparency.
Meanwhile, democracy in East Africa remains on life support. It suffered a massive stroke in Ethiopia in May 2010 when dictator Meles Zenawi declared election victory by 99.6 percent. Since 2005, Zenawi has put that country’s tiny private independent press on the ventilator and {www:tethered} the rule of law to the heart-lung machine. He put human rights in intensive care and has managed to anesthetize the population into silence. A couple of weeks ago, he secretly sought to negotiate a deal with the Governing Board of the Voice of America (VOA). If the VOA blacklists and blackballs his critics in the U.S. and banishes them from ever appearing on VOA broadcasts, the electronic jamming will be lifted. Last week, Zenawi’s henchmen appeared before the Human Rights Committee of the U.N. High Commissioner for Human Rights to boldly claim that the independent press operates freely in the country, there is not a single instance of official torture and so on.
In Uganda, Yoweri Museveni, who seized power in 1986, became president-for-life in 2011. In Kenya, democracy survived by the skin of its teeth after 1,500 people were killed and 600,000 displaced in election-related violence in 2008. Somalia? What more can be said about Somalia?
Freedom of Information in Nigeria
Nigeria’s FOIA, like Ouattara’s request for an ICC investigation, is one of those {www:bellwether} events that could be used to determine whether Africa is poised for a second independence from thugtators in uniform or designer suits. The law has been in the planning and deliberation process for over a decade. It aims to deal with the core problems of governance in Nigeria – endemic corruption, lack of accountability and transparency and official secrecy. Gbenga Adefaye, President of the Nigerian Guild of Editors, explained that the Act “has expanded the frontiers of press freedom for Africa’s most vibrant press.” He praised Johnathan for his “personal commitment to openness, transparency, accountability and good governance.”
The consensus among Nigeria’s opinion leaders is that the law will not only serve to improve governance but also empower citizens and enhance their ability to effectively participate in the democratic process. Armed with critical information on the functions and operations of government institutions and performance of political leaders, citizens could help keep government clean, expose and fight corruption and hold accountable those officials who rob the public treasury and abuse their powers.
The law establishes “the right of any person to access or request information” from “any public official, agency or institution.” One need not give a reason to request information. A public agency must provide the requested information within 30 days. If the information is not turned over, the person requesting can get a court order to compel disclosure. The law makes a narrow exceptionfor information that is likely to “ jeopardise national security, affect the conduct of international affairs or would amount to the release of trade secrets of the country.”
All “public institutions” are required to keep “records and information on all of their activities, operations and businesses”. The information to be kept include a wide variety of documents ranging from organizational manuals, official decisions, rules, regulations, planning documents, reports and studies to applications for any contracts, permits, grants, licenses or funds and even the names and salaries of public employees. Such information must be “widely disseminated and made readily available in print, electronic and online sources, and at the offices of such public institutions.”
A public institution may deny a request but must “state reasons for the denial.” If a “wrongful denial of access is established, the defaulting officer or institution shall on conviction be liable to a fine of N500,000.00].” Any public employee who “willfully destroys any records kept in his/her custody or attempts to doctor or otherwise alter same before they are released” is subject to imprisonment for one year.
Unfreedom of Information in Ethiopia
In 1991, Zenawi as a victorious rebel leader declared, “Now is the beginning of a new chapter. It is an era of unfettered freedom.” Twenty years later today, we have an era of “unfettered” unfreedom of information. While Nigeria is opening its political process to the light of public scrutiny, Zenawi has blanketed the country with an electronic information blackout and kept busy drawing up blacklists of imaginary enemies he wants censored and gagged in the U.S. and elsewhere.
Since 2010, Zenawi has electronically jammed the broadcasts of the Voice of America, Deutsche Welle and the Ethiopian Satellite Television (ESAT). Following the 2005 elections, he managed to totally decimate the independent press by shuttering newspapers and jailing journalists. Last month he jailed two young journalists, Woubshet Taye, deputy editor of Awramba Times (a struggling weekly paper) and one of the few female journalists in the country, Reyot Alemu of Feteh (another struggling weekly paper) newspapers, on bogus charges that they were “organizing a terrorist network.” According to the Committee to Protect Journalists, “Alemu had recently criticized the ruling party’s public fundraising method for a major dam project on the Nile, and Taye has critically covered local politics as the deputy editor of his newspaper.”
Last week, Zenawi jailed Swedish photojournalist Johan Persson and reporter Martin Schibbye on charges that they crossed over the border from Somalia without accreditation. Press repression in Ethiopia is so massive and intense that Zenawi even censored World Press Freedom Day events this past May. Ethiopia has the second lowest Internet penetration rate (after Sierra Leone) in sub-Sahara Africa. Every Ethiopian pro-democracy website is blocked from access in Ethiopia.
President Ronald Reagan said, “Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire, it wafts across the electrified borders.” If that is true, Ethiopians today must be suffering from an acute case of hypoxia and breathing through the heart-lung machine. Supposedly, Ethiopia has a freedom of information law (Proclamation No. 590/2008 – A Proclamation to Provide for Freedom of the Mass Media and Access to Information.) Anyone who has carefully studied this proclamation will be impressed by the lofty platitudes, truisms and boilerplate legal clichés and verbiage borrowed from the laws of other nations. But as a piece of legislation, it is hollow, vacuous and meaningless. In Article 4, it provides, “Freedom of the mass media is constitutionally guaranteed. Censorship in any form is prohibited.” Yet the proclamation bursts with heavy-handed censorship. Onerous burdens are placed on “editor-in-chiefs”, “media owners”, “publishers”, “importers”, “printers”, “distributors” and ordinary citizens who seek to gather or disseminate information through an elaborately camouflaged system of registration, certification and licensing requirements. It compels self-censorship through direct threats of serious criminal and civil prosecution for “offenses committed through the mass media” (Arts. 6-9; 41.)
Under the proclamation, citizens supposedly have a right of “access, [to] receive and import information held by public bodies, subject to justifiable limits based on overriding public and private interests.” But the “justifiable limits” include non-disclosure of any Cabinet documents or information (Art. 24), any information relating to the “financial welfare of the nation or the ability of the government to manage the economy of the country” (Art. 25), and any information on the “operation of public bodies [including] an opinion, advice, report or recommendation obtained or prepared or an account of a consultation, discussion or deliberation… minutes of a meetings…” (Art. 26). Simply stated, no information may be released on the activities of government ministers and officials, banks or any other official financial institutions and the internal {www:proceedings} or external reviews of public institutions. To top it all off, any public body may refuse a request for information if it determines for any reason the “harm to the protected interest which would be caused by disclosure outweighs the public interest in disclosure.” (Art. 28.) Such is freedom of information by smoke-and-mirrors.
Nigeria now has a reasonable chance of having openness and transparency in government with its FOIA. For decades, Nigeria’s government has suffered a reputation as one of the hopelessly corrupt in the world. Allegations of massive {www:graft}, fraud, abuse, waste and conflict of interest in government have persisted year after year. Despite anti-corruption laws and enforcement efforts, the problem of corruption in Nigeria has not diminished. The Nigerian judiciary and law enforcement agencies are criticized widely for lack of integrity and professionalism.
There are many who say implementation of the law will be nearly impossible because of the prevailing culture of corruption in Nigeria. No one believes the FOIA is a panacea to the problem of corruption or governance in Nigeria, but the availability of a legal tool that can be used aggressively by a determined few in the media could put a big chill on the criminal activities of the thugs and gangsters that have a chokehold on power. Minimally, Nigeria’s FOIA could be used to name, shame and prosecute some of the most corrupt officials and create broad public awareness for clean honest government.
It is said that “absolute power corrupts absolutely.” Freedom of information is the principal tool by which the absolute powers of dictators can be curbed. African dictators, like hyenas on the African plains, like to operate in the dark invisible to the prying public eye. It is through freedom of information laws that these hyenas could be forced out of the dark and into the public square and be held accountable.
Hope springs eternal in Africa. The rising sun of democracy over North Africa is casting rays of hope on West Africa. The sun that rises for North and West Africa will also rise for East Africa. The African Lords of Darkness should not feel victorious because keeping a nation in the dark does not mean the people are blind, deaf and dumb. The light of freedom shines in the hearts and minds of the oppressed during the day and at night; and there is no power on earth that can put out that light. Those condemned to live in darkness should always remember that night always turns into light; the moon, the stars and the heavens shine brightly in the darkest of nights, and it is always darkest before the dawn. Until dawn breaks, let us reflect on the words of Shakespeare: “There is no darkness but ignorance…I say, this house is as dark as ignorance, though ignorance were as dark as hell; and I say, there was never man thus abus’d.” I say there was never nation thus abus’d.
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ andhttp://open.salon.com/blog/almariam/
By Yilma Bekele
No one likes a whiner. Why complain insistently when it is of no use. We used to be good at that. Whining was our domain. Did I just say ‘was’? Yes I did. It seems that we are coming out of our shell. The Arab Spring has arrived. The Diaspora is infected with a sense of optimism and hope. It is a very good feeling.
It is the {www:convergence} of three events that is making me delirious. To say they are a defining moment in the life of the Ethiopian Diaspora is not an exaggeration. We have made a great leap forward. Whining is so yesterday. Let us just say we are going where no Ethiopian has gone before.
We have made our share of mistakes. We have fallen plenty of time. We have scars to show for it. At long last we are showing signs of life. The giant is waking up. Our tenacity is paying off. We have come to realize there is nothing satisfying like doing the job your self. That little fact escaped us for a long time. A lot longer than some of us would care to remember. The important thing today is that we have arrived. Any mother would be proud of the new us.
What exactly I am gushing about is the founding of ESAT, the successful debut of The Ethiopian Heritage Festival and the just concluded public meeting organized by Alliance for Liberty, Equality and Justice in Ethiopia (ALEJE) in Arlington, VA. All three can be considered a giant step forward in our search for peace, democracy and the rule of law in our motherland.
Free Press is the first causality of a dictatorship. News is professionally filtered before it reaches the citizen. Unfiltered news is viewed as a threat. That is why the Meles regime spends millions to block ESAT, block independent Web sites, jam international newscasts in Ethiopian languages and kill, hound or exile journalists. All this expenditure to block the free flow of information while millions of our people starve. We used to complain and go around in circles seething with anger about this unjust situation. ESAT is our response. Meles, you can run but you can’t hide.
Since its inception ESAT has been battling the Woyane regime. Like they say ‘the strongest steel goes through the hottest fire’ ESAT is being tested. ESAT has shown {www:resiliency}. ESAT has been embraced by the children of Ethiopia. The just concluded fund raising campaign is testimonial of the love of the Diaspora that donated over three hundred thousand dollars to help ESAT. We will nurture ESAT until it penetrates the flimsy Woyane grass curtain.
Organizations that claim to serve the people should be open, transparent and the leaders democratically elected. Ethiopian Sports Federation in North America’s claim to be at the service of the Diaspora was glaringly brought into question during the ‘guest of honor’ selection process. ESFNA refused to listen the call of its supporters for transparency and accountability. We used to complain and threaten all kinds of calamities that will befall the mafia outfit. We used to boil over for a month or two and cool down to zero degrees until the next abuse. The Ethiopian Heritage Festival is our response. We created an organization that is open, transparent and keeper of our beautiful culture and the spirit of our brave ancestors.
The first Ethiopian Heritage Festival was a colossal success. It was a celebration of all things good about us. It was a place where our flag flew with the dignity it deserved. The setting was family friendly and the crowed was in a festive mood. The organizers should be complemented for such a lavish presentation that brought people together to celebrate our culture. Thank you for showing us good things can be done without {www:ulterior} motive. Love for people and country is reason enough and the reward is priceless. We thank the organizers for giving us a choice.
The ugliest malignant cancer introduced into our body politic by the Woyane regime is the concept of Kilil. It is presented as a righteous {www:indignation} of the downtrodden to right what was wrong. It is considered dangerous to even talk about it. It is a cancer cell mimicking to be normal. It has turned our country into a nation of strangers. Its effects even reverberate across the ocean.
Thus it was a breath of fresh air to see Dr. Berhanu Nega of Ginbot7 and Dr. Nuro Dedefo of OLF on the same stage discussing the future of our country. It was a direct contradiction of the concept of Kilil. It was an affirmation of the commonness of our struggle for freedom and Democracy. The twenty years of propaganda to divide us and set brothers and sisters against each other is laid to rest. What unites us is a million times more than our little differences. The symposium in Arlington, VA. was a milestone in our quest for justice.
If you notice the happenings in North Africa there are certain question that have come to the forefront. Why did things go smoothly in Tunisia and Egypt while hell broke loose in Libya and Syria? Among the many explanations presented there is one that seems to define the situation that is common to all. The magic word is the absence of ‘independent civic organizations’ under the two dictatorial regimes. We in Ethiopia are familiar with that mode of operation. That is what the TPLF regime did upon entering our capital city.
The Meles regime’s first order of business was the destruction of all independent organizations and associations. Today’s Ethiopia is marked by the complete absence of any outfit without the presence of TPLF boss at the helm or behind the scene manipulating their chosen manikin dressed up for show. Trade Unions, Chamber of commerce, Teachers Union, Women’s Organizations, Sports Federation and even Political Party are not safe from the Woyanes dirty finger. That is the reason Libya and Syria are on the brink of the abyss since there is no credible voice of the people inside the country.
That is exactly the reason I am full of hope with the emergence of genuine, homegrown response to Woyane atrocity. We are done crying. We are now creating our own robust response to force Woyane to do the crying. We are laying the foundations for sustainable and genuine associations by the people for the people. The seeds are planted, it is the responsibility of each one of us to nurture and grow our future building stones for a free and democratic Ethiopia.
Like it has been said many times ‘if you want it done right it is better if you do it yourself.’ Well it looks like we heeded that call. I believe the three examples are the road in the right direction. We learnt whining does not cut it. Now we are beginning to come with the answer instead of just the question. We have started with a good solid foundation. It is definitely a good beginning. It shows forward thinking, it shows determination and most of all it shows maturity. Our Ethiopian Spring is here. Despite the gloomy report regarding our starving brethren, our inflation whipped parents; we see light at the end of the tunnel. The new road we are traveling looks bright and hopeful.