Human rights defender Ferdinand Ayité found guilty and fined
On 4 November 2020, the Court of First Instance of Lomé sentenced the investigative journalist Ferdinand Ayité and the newspaper he works for, L’Alternative to pay a fine of 2 000 000 CFA francs (€3,028) each, after finding them guilty of defamation under articles 160 and 163 of the Press Code.
On 7 October 2020, Ferdinand Ayité’s lawyers recused themselves in protest against developments in the human rights defender’s second hearing, which took place at the Court of First Instance of Lomé.
On 16 September 2020, the second hearing of Ferdinand Ayité is due to take place at the Court of First Instance of Lomé. Ferdinand Ayité and the newspaper he works for, L’Alternative, are facing charges of defamation under articles 160 and 163 of the Press Code. If convicted, the human rights defender and the newspaper could be sentenced to a fine up to 3 million CFA francs (4 585 euros).
Ferdinand Ayité is an investigative journalist and human rights defender based in Lomé, Togo. He is the publication director of the investigative newspaper L'Alternative. L'Alternative is known for reporting on cases of corruption and embezzlement in Togo, calling for increased accountability in the country.
On 4 November 2020, the Court of First Instance of Lomé sentenced the investigative journalist Ferdinand Ayité and the newspaper he works for, L’Alternative to pay a fine of 2 000 000 CFA francs (€3,028) each, after finding them guilty of defamation under articles 160 and 163 of the Press Code. The human rights defender’s lawyers filed an appeal against the court’s decision.
A complaint on grounds of defamation was filed by businessman Fabrice Affatsawo Adjakly against Ferdinand Ayité and L’Alternative, an investigative newspaper known for reporting on cases of corruption and embezzlement in Togo and which calls for increased accountability in the country. The complaint was in relation to an article published on 9 June 2020 in L'Alternative, uncovering a case of misappropriation of funds of between 400 and 500 billion CFA francs (610 to 760 million euros), related to the import of petroleum products. The article, written by Ferdinand Ayité, accuses Fabrice Affatsawo Adjakly, a member of the Committee for Monitoring Fluctuations in the Price of Petroleum Products (CSFPP), and his father Francis Sossah Adjakly of leading the embezzlement scandal, which also reportedly implicates members of the Togolese Government.
The hearing on 4 November at Court of First Instance of Lomé was scheduled in advance and the deliberation was given in the absence of Ferdinand Ayité and the plaintiff's lawyers. Although the audit requested by the Togolese authorities confirmed that the allegations contained in the article in L'Alternative accurately portrayed the oil import situation in the country at the time of publication, the investigative journalist and the newspaper were found guilty of defaming Fabrice Affatsawo Adjakly, and sentenced to pay fines of 2 000 000 CFA francs (€3 028) each. The human rights defender is required to publish the court's decision on the front page of the newspaper L'Alternative along with a denial refuting the statements contained in the article accusing Fabrice Affatsawo Adjakly and his father Francis Sossah Adjakly of leading the embezzlement scandal.
The defender's lawyers had already denounced several irregularities during the previous hearing. During the second hearing on 7 October 2020 at the Court of First Instance of Lomé, the prosecutor requested a sentence to be handed down to close the case, despite the fact that an audit of petrol imports requested by the Togolese authorities had not yet been published. In response to this request, the lawyers of Ferdinand Ayité recused themselves to protest against the trial, which they believe to be unfair and unnecessarily rushed. They also argued that the court should have appointed independent experts for this case.
Front Line Defenders is deeply concerned by the conviction of Ferdinand Ayité and the newspaper L’Alternative as it believes that it is an attempt to de-legitimise and sanction their legitimate and peaceful activities in defence of human rights and the exercising of their right to freedom of expression.
On 7 October 2020, Ferdinand Ayité’s lawyers recused themselves in protest against developments in the human rights defender’s second hearing, which took place at the Court of First Instance of Lomé. The investigative journalist and the newspaper he works for, L’Alternative, are facing charges of defamation under articles 160 and 163 of the Press Code. If convicted, the human rights defender and the newspaper could be fined up to 3 million CFA francs (4 585 euros).
A complaint on grounds of defamation was filed by the businessman Fabrice Affatsawo Adjakly against Ferdinand Ayité and L’Alternative, an investigative newspaper known for reporting on cases of corruption and embezzlement in Togo and calling for increased accountability in the country. The complaint is in relation to an article published on 9 June 2020 in L'Alternative, uncovering a case of misappropriation of funds of between 400 and 500 billion CFA francs (610 to 760 million euros), related to the import of petroleum products. The article, written by Ferdinand Ayité, accuses Fabrice Affatsawo Adjakly, a member of the Committee for Monitoring Fluctuations in the Price of Petroleum Products (CSFPP), and his father Francis Sossah Adjakly of leading the embezzlement scandal, which also reportedly implicates members of the Togolese Government. After a first hearing on 19 August 2020 at the Court of First Instance of Lomé, the second hearing, first scheduled on 16 September, was postponed to 7 October 2020.
At the second hearing on 7 October, the prosecutor requested a sentence be handed down to close the case. In response to this request, the lawyers of Ferdinand Ayité recused themselves to protest against the trial, which they believe to be unfair and unnecessarily rushed. They argued that the court should have appointed independent experts for this case and also should have waited for the publication of the results of an audit requested by the Togolese authorities. This audit should certify whether the allegations in L’Alternative’s article accurately portrays the situation of petrol imports in the country at the time of the publication.
The next hearing is scheduled for 28 October 2020 at the Court of First Instance of Lomé. Human rights defender Ferdinand Ayité will have to appoint new lawyers.
Front Line Defenders is deeply concerned by the judicial harassment against Ferdinand Ayité and the newspaper L’Alternative as it believes that it is a direct result of their legitimate and peaceful activities in defence of human rights and exercising their right to freedom of expression. Front Line Defenders urges the authorities in Togo to immediately drop all charges against Ferdinand Ayité and the newspaper L’Alternative, and guarantee his right to a fair trial in accordance with international standards.
On 16 September 2020, the second hearing of Ferdinand Ayité is due to take place at the Court of First Instance of Lomé. Ferdinand Ayité and the newspaper he works for, L’Alternative, are facing charges of defamation under articles 160 and 163 of the Press Code. If convicted, the human rights defender and the newspaper could be sentenced to a fine up to 3 million CFA francs (4 585 euros).
Ferdinand Ayité is an investigative journalist and human rights defender based in Lomé, Togo. He is the publication director of the investigative newspaper L'Alternative. L'Alternative is known for reporting on cases of corruption and embezzlement in Togo, calling for increased accountability in the country.
On 16 September 2020, the Court of First Instance of Lomé will conduct the second hearing in a defamation case filed against Ferdinand Ayité. The charge, filed by businessman Fabrice Affatsawo Adjakly, relates to an article published on 9 June 2020 in L'Alternative, uncovering a case of misappropriation of funds of between 400 and 500 billion CFA francs (610 to 760 million euros), related to the import of petroleum products. The article written by Ferdinand Ayité accuses Fabrice Affatsawo Adjakly, a businessman and member of the Committee for Monitoring Fluctuations in the Price of Petroleum Products (CSFPP), and his father Francis Sossah Adjakly of leading the embezzlement scandal, which also reportedly implicates members of the Togolese Government. Following the publication of the article, the human rights defender participated in several media interviews bringing public attention to the case. The first hearing took place on 19 August 2020 at the Court of First Instance of Lomé
In its 2016 UN Universal Periodic Review, Togo rejected recommendations to amend or repeal its defamation laws, which it has repeatedly used to crack down on human rights defenders and journalists.
Front Line Defenders is deeply concerned by the charges against human rights defender Ferdinand Ayité and the newspaper L’Alternative. Front Line Defenders believes that they are being targeted solely as a result of their legitimate work in defence of human rights and their exercising their right to freedom of expression.
