Open
World Conference of Workers
In Defense of Trade Union Independence & Democratic Rights
PRESS RELEASE
Tuesday, September 10, 2002
Claude Ameganvi's trial was held on September 6 in Lomé (Togo). The
Prosecutor General called for six months of jail for "offending
state institutions" and an additional sentence of 48 months for
"affronting the head of state." The final sentencing is
set to take place on September 13.
The Committee for the Immediate Release of Claude Ameganvi was formed on
September 5 in Paris. [See list of initial endorsers below].
The committee met on Monday, September 9 to discuss its plan of action.
The committee discussed an appeal sent from Togo by a broad coalition of
trade unions, political organisations, civil rights organisations and
lawyers addressed to all citizens and defenders of democratic rights
worldwide.
The committee resolved to respond by bringing full support to this appeal
and by circulating it very broadly for endorsement.
It was also resolved to convene a press conference in Paris on Monday
September 16.
Contact address:
Jean- Pierre Barrois,
56 Avenue Diderot 94100 Saint- Maur
Fax 01 48 89 18 37- email: barrois@univ-paris12.fr
To fund the campaign for the immediate release of Claude
Ameganvi, donations should be made payable to
"Comité" .
Address : Comité pour la libération de Claude Ameganvi
c/o Jean- Pierre Barrois,
56 Avenue Diderot 94100 Saint-Maur- France
Founding members of the Committee for the Immediate Release of Claude
Ameganvi, Jailed in Togo: Jean-Marc Allouche, hospital trade
unionist; Jean-Pierre Barrois, Senior Lecturer University of Paris
12; Christiane Boeur, INRA engineer trade unionist; Rose
Boutaric, trade unionist; Gilles Bourhis, University of Rennes
1; Philippe Bouyries, Astrophysicist, Paris University South;
Marie-Edmonde Brunet, teacher trade unionist; Roger Calvez,
University of Brest; Franco Cecconi, Architect ; Dr. Jean-Louis
Chabernaud, hospital pediatrician; Alain Challier, Professor at
the Ecole des Beaux Arts; Professor Marie-Thérèse Cousin;
Danica Cupic, Architect ; Gilles Damez, hospital trade
unionist; Catherine Dauverge, hospital trade unionist; Dr.
Pierre Debat, hospital hemobiologist; Dr. Martine Debat, GP;
Dr. Nicole Delépine, cancerologist; Dr. Géard Delépine,
surgeon; Messan Lawson Drackey, engineer; Daniel Dutheil,
hospital trade unionist; Claribel Espinoza-Le Beller, University of
Paris 7; Michèle Faveur, hospital trade unionist; Bernard Faye,
architect and urbanist; Jean-Pierre Fitoussi, researcher and trade
unionist; Thierry Fontaine, Pasteur Institute researcher;
Gabriel Gaudy Trade Unionist Paris, Jean-Paul Gautron,
Architect; Christophe Girardet, trade unionist Department of Labour;
Jacques Girod, trade unionist; Gérald Givone, trade unionist;
Daniel Gluckstein, National Secretary of the French Workers Party,
Coordinator of the ILC; Jean-Bernard Godard, Architect;
Christian Godet, researcher, trade unionist; Dominique Gros,
Professor at the Dijon Faculty of Law; Professor François Guérin;
Henri Haar, President of the Libre Pensée- Bas-Rhin; Samy
Hayon, urbanist; Jean-Louis Hobel, higher education trade
unionist; Gaêl Le Béhérec, Architect; Dr. Marie-Paule
Lemonnier, hospital Hematologist; Gabriel Letoullec, Architect;
Neldo Levy architect; Eric Loiseau, hospital trade unionist;
Tristan Malle, journalist and trade unionist; Florence Marcel,
hospital trade unionist; Jean-Charles Marquiset, public sector
trade unionist; Claude Mira, hospital trade unionist; Dan Moutot
ILC, Gérard Nepveu, researcher; Valérie Niviere, higher
education trade unionist; Giuseppe Ponturo, head decorator;
Georges Peressetchensky, architect; Hubert Raguin, teacher
trade unionist; Michel Retbi, professor of architecture; Bernard
Rety, University of Rennes 1 ; Dr Pierre Rivière,
Phsychiatrist; Pierre Roy, President of theLibre Pensée -
Loire ; René Sale, Aix-en-Provence hospital trade unionist;
Serge Serbera, hospital trade unionist; Michel Sidoroff, radio
producer; Joël Sohier, Senior Lecturer University of Reims;
Emmanuelle Stolch, actress; Eric Tosan, University of Lyon 1
researcher; Henri Van Damme, Grandes Ecoles professor (ESPCI);
Jean-Marc Vicquery, TV producer; Hélène Zanni,Professor
University of Paris 6
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Appeal Received from Togo
National Committee for the Immediate and Unconditional Release of Claude
Ameganvi, Djaoura Tiguena, Takana Badjessa and Jailed Journalists
ADDI CAR CDPA CDPA-BT CPP Workers Party UDS-TOGO UFC
ALCADS ATDPDH LTDH CSTT FETREN/UNSIT UNSIT
Presided by Judge Yaba Mikémina, vice president of the
Lomé federal court, Claude Ameganvi's trial took place on September 6,
2002, from 8:30 a.m. to 10:00 p.m. in the annex of the Lomé court house
in Togo.
Under the vigilant scrutiny of a large police force, 500 people attended
and witnessed the entire proceedings, from start to finish, in calm and
dignity.
Claude Ameganvi, leader of the Workers Party of Togo, an initiator of the
group "Is there a Solution for the Crisis in Togo"?,
coordinator for the International Liaison Committee for a Workers'
International (ILC) in Africa and editor of the newspaper Nyawo,
has been jailed for the last month as a common-law prisoner in Lomé.
Claude Ameganvi was arrested on August 6, 2002, in the courtyard of the
Ministry of the Interior, Security and Decentralisation. He had just
finished meeting with the Minister Akawilou Sizing Walla, the kind of
audience that is regularly requested and granted by the Minister himself.
On September 6, he was tried for writing a "slanderous" article
regarding Mr. Gnassingbé Eyadéma, President of the Republic of Togo, and
for "fomenting civil unrest."
In the initial days after his arrest a collective of twenty-four (24)
lawyers of the Lomé Bar was formed and took charge of Claude Ameganvi's
defense on a pro-bono basis.
During the first 12 hours, on this Friday September 6, thirteen of these
lawyers, Me Hegbor, Me Apévon, Me Devotsou, Me Sokpoh, Me Lawson-Bankou,
Me Georges Lawson, Me Beby Olympio, Me Doe-Bruce, Me Amadou, Me Amegadjie,
Me Isabelle Améganvi, Me Anani, joined by Me Hélène Rubinstein-Carrera
from the Paris Bar, took the floor to speak in his defense.
Patiently, meticulously, calmly, without any preconceived ideas or
ideological rhetoric, drawing their argumentation from the Penal Code,
from the law and the Constitution of the Republic of Togo, they stuck
strictly to the facts. These lawyers showed, in a clear and irrefutable
way, that Claude Ameganvi cannot be found guilty for the charges held
against him.
Claude Ameganvi is innocent!
Among the dozens of proven and irrefutable facts the lawyers put
forward were:
1) Claude Ameganvi was not arrested according to due process of law.
Indicted while leaving an audience with the Minister and immediately
jailed, he was only officially notified of his formal arrest two (2) days
later. By using the term "kidnapped", the lawyers demonstrated
that this non-respect of elementary rule of law implies that Claude
Ameganvi should be freed.
2) They also showed, the absurdity of the use of the "summary
procedure of being caught in the act" against Claude Ameganvi.
"Being caught in the act" is totally impossible to apply
to events occurring several days before being arrested. The normal
consequence of this inconsistency would be to send the case before an
examining magistrate.
3) A number of verbatim accounts were ostensibly post-dated, others
had unrealistic dates when placed in the context of events. The lawyers
who had been able to consult the file previously attested to the fact that
some verbatim texts had disappeared and been replaced by others. The term
of prevarication was used.
4) The verbatim minutes of the "interrogation in the case of being
caught in the act" a key piece of evidence of the indictment
which was established by M. N'Dakena, Persecutor General of the Republic,
had written on the back irregular comments made by the Prosecuter,
contrary to the most elementary principles of law. As for the front, the
Prosecutor certified by seal that Claude Ameganvi had signed the minutes.
But this page of verbatim minutes did not have Claude Ameganvi's
signature. In conformity with article 308 of the Penal Code procedure, the
lawyers requested that the Court dismiss the affair for irregular
procedure and use of false documents.
5) The lawyers underlined the incredible fact that the accusation of
fomenting "public unrest" was not supported by any evidence
related to the indictment. Thus the prosecution was forced to evoke
article 67 of the Penal Code which deals with "anthropophagy and
harmful practices to health".
And finally, two facts came out in the Court proceedings in front of a
public which was perplexed and the prosecution silent.
1st fact: The only witness present and by the way co-defendent, in
a flood of contradictions, stated during his questioning:
"No, I cannot attest to the fact that Claude Ameganvi wrote the
incriminating article". And in answer to the question:
"But the opposite is written in the verbatim minutes that you
signed" the answer was: "It's my testimony today
that should be registered. The verbatim minutes were written under Police
constraint".
2nd Fact: Me Rubinstein-Carrera produced before the Court and the
public the certificate sent by Mr. Eloi Koussawo, certified and
authenticated by a notary public in Belgium. In his statement, Mr. Eloi
Koussawo wrote, "I the undersigned, Eloi Koussawo, General
Coordinator of the October 5 Patriotic Movement (MOS), resident in
Belgium, hereby declare on my honor that the text regarding the fortune of
the Togo head of State and one of his sons, and all the articles in the
subsequent international newspapers, were written by myself alone, for
which I assume full responsibility".
These are the facts.
At the end of the trial, after the prosecution had been heard and the
defense had pleaded, the Prosecutor General of the Republic, in his
official indictment which only lasted a few minutes, announced that he was
requesting six months (6) prison and a fine of 100,000 CFA for affronting
the head of state, and forty-eight (48) months for fomenting civil unrest!
4 years and a half in jail. Almost the maximum sentence!
This is what Claude Ameganvi risks!
The final verdict is to be pronounced on Friday, September 13, 2002.
We call on you, the people of Togo,
all the peoples of the world, to all democrats and citizens.
An innocent man is in jail: Claude Ameganvi is innocent!
No accusation can be held against him.
Claude Ameganvi must be released.
Immediate Release of Claude Ameganvi!
We know that in thirty (30) countries, more than 500 signatures of
democrats, citizens, human rights organizations and trade unions have
already been gathered and sent to us.
Togolese citizens, Citizens and civil rights defenders of the World,
let us Pursue and Amplify this Campaign of support.
We are asking for nothing else but the respect of Law.
We want that Democracy and the State of Law be preserved in Togo.
We want nothing else but Justice and the Respect of Human Rights for us in
Togo, for all people everywhere.
Sign and gather signatures, take a stand in defense of:
Democracy
The respect of elementary Rights
Justice
Immediate Release of Claude Ameganvi!
Lomé, September 7, 2002
...
Initial Endorsers
Alliance for democracy and full development, CAR Action Committee
for renewal, CDPA African Peoples'democratic Convention, CDPA-BT
African Peoples' Democratic Convention- Togolese Branch, CPP
Panafrican Patriotic Convergence Workers Party, UDS-Togo Union of
Togolese Socialist democrats, UFC Union of forces for change,
ALCADS Association of action against illeteracy and for social
development, ATDPDH Togolese association for the promotion and
development of human rights, LTDH Togolese league of Human rights,
CSTT Trade Union Confederation of Togolese workers FETREN-UNSIT
Teachers federation affiliated to the National Union of independent
Togolese trade unions, UNSIT National Union of independent Togolese
trade unions
Abdoulaye SALAMI, Workers Party Conciliation Commission ; Tétévi
GBIKPI-BENISSAN, General Secretary UNSIT ; Me Gahoun HEGBOR,
Collective of lawyers' coordinator; Me Dodji APEVON,Committee of
Action for Renewal 's third co-chair ; Pierre ALLAGA-KODEGUI
General Secretary FETREN/UNSIT; Vissikou SENOUVO, Deputy General
Secretary FETREN/UNSIT ; François GAYIBOR, human rights activist
ATDPDH ; Mawolo LANDOUPKO, trade unionist ; Djaba SALAMI,
teacher trade unionist ; Akakpo ATTIKPA, teacher trade unionist , Kokou
K. KOTSOLE, employed at Togotex ; Worou Y. OBRE, employed at
Togotex ; Ayao COUCHORO, Workers Party ; Komla J. DJOSSOU,
teacher trade unionist ; Jude-Prudence ALEKE/IRJ-« What
Alternative for Togo » ; Marius Y. DJISSENOU Workers Party ; Sabou
ZEKPA Workers Party ; Atta K. LITHOR, Trade Unionist ; Narcisse
B. N'KADJAOU Workers Party ; Mawudzro K. HOUNDJO Student, Mohamed
KONDOWorkers Party ; Lassey WILSON Workers Party ;
Antoinette KOULEFIONOU « What Alternative for Togo »; Séraphin
DOH Workers Party « What Alternative for Togo » ; Frank
ALOUMON Workers party ; Rosaline AYEWOU, trade unionist ;
Olivier D. EDORH, student, « What Alternative for Togo » ; Kossi
BOSSOU, dressmaker Workers Party ; Antoine L. BODJONA, retired
civil administrator ,Rose KODJO, teacher trade unionist ; Pierre
ISSA,member Rights and Freedom ; Abra LOUMOVI « What
Alternative for Togo » ; ADUAYI « What Alternative for
Togo » , Latévi M
I hereby endorse this appeal and add my name to the supporters of
the International Committe for the Release of Claude Améganvi
Name:
Union/org:
Title (list if for id only):
Address:
City
State
Zip
Country
Email:
Please fill out this coupon and return ASAP to the OWC Continuations
Committee, c/o San Francisco Labor Council (AFL-CIO), 1188 Franklin St.
#203, San Francisco, CA 94109.
For more information, or to contact the International Committee for the
Release of Claude Amengavi, contact:
Comité International pour la Liberation de Claude Amengavi
Attn. Jean- Pierre Barrois,
56 Avenue Diderot 94100 Saint- Maur France
Fax 01 48 89 18 37- email: barrois@univ-paris12.fr