Press release
Dutch Court of Appeal does not clear Dahabshiil of Terror and Criminal Allegations
- Click here Press release
Dutch Court of Appeal
Journalist Dahir Alasow wins important case for press freedom in Somalia against Dahabshill in Dutch Court of Appeal
- Read more
HEADLINES:

Dutch Court of Appeal does not clear Dahabshiil of Terror and Criminal Allegations

0
Wednesday January 11, 2017 - 02:52:33 in Articles by Super Admin
  • Visits: 6932
  • (Rating 5.0/5 Stars) Total Votes: 4
  • 3 2
  • Share via Social Media

    Dutch Court of Appeal does not clear Dahabshiil of Terror and Criminal Allegations

    PRESS RELEASE The Netherlands, 6 January 2017

    Share on Twitter Share on facebook Share on Digg Share on Stumbleupon Share on Delicious Share on Google Plus

File Attachment
Size: 5 MB
PRESS RELEASE The Netherlands, 6 January 2017

Dutch Court of Appeal does not clear Dahabshiil of Terror and Criminal Allegations


The appeal of the Somali journalist Dahir Alasow against the interlocutory judgement of a Dutch Lower Court in favor of the money transfer multinational Dahabshiil was successful. After Mr. Alasow complained about the injunction imposed on him, a Dutch Court of Appeal overturned the decision of the Lower Court that several publications are lacking sufficient factual support. In these articles Dahabshiil was linked to the financing of terrorists, the murder of a Somali parliamentarian/singer Saado Ali Warsame and the violent intimidation of journalists. Dahir Alasow published the articles on the news websites waagacusub.net and sunatimes.com.

Mr. Alasow was forced in 2007 to seek asylum in the Netherlands after his life was endangered by threats of terrorists and warlords. In Somalia he is regarded as an uncompromising journalist and public watchdog, who continues to publish about the corruption of the federal government, terrorists and civil war factions.

In December 2015, Mr. Alasow was ordered by a Dutch Lower Court to publish rectifications on several news websites and to remove 17 of the 21 publications claimed by Dahabshiil to be wrongful. 

Ruling under English law, the Court of Appeal concluded that the European Convention of Human Rights (ECHR) is applicable.  The Court of Appeal reiterated it had to balance the interest of Mr. Alasow in his freedom of expression (10 ECHR) with the interest of Dahabshiil in protection against an interference with its reputation (8 ECHR). In particular the Court of Appeal stated the conflicting interests: at one side, the interest of Mr. Alasow not to let wrong-doing exist which can hurt a society by lack of public attention and knowledge, and at the other side,  the interest of a financial company like Dahabshiil not to be exposed by unsubstantiated allegations through publications on the internet.

The Court of Appeal decided that Mr. Alasow mentioned and submitted a number of documents and sources as supporting evidence for the allegations, which therefore cannot be easily regarded as unsubstantiated. Dahabshiil submitted documents to detract from the evidence submitted by Mr. Alasow. The Court of Appeal found that it was not sufficiently possible to give a realistic judgement in this interlocutory proceedings about the validity of the evidence submitted by both parties. Such a proceeding is not fit for a more in-depth investigation of the evidence. 

On that point the Court of Appeal considered that for a reasonable assessment of the evidence understanding of the situation in Somalia is necessary. In that country rivaling politicians, peace missions and Islamic terrorist groups fight daily for power, while piracy is another major problem. 

The Court of Appeal concluded that Mr. Alasow’s defense, that the allegations in the articles are based on the truth, cannot be judged adequately in an interlocutory proceeding. Therefore an injunction was refused to Dahabshill. In deciding the Court of Appeal placed great importance on the right to freedom of expression, especially now that the allegations had to be considered in the context of the conflict in Somalia. The Court of Appeal also took into account that Dahabshiil has not found cause to start a civil tort suit against Alasow, while the company stated that Mr. Alasow has already been disseminating information with allegations against Dahabshiil since 2007. After all, the jurisdiction of such a civil suit allows for a proper inquiry into the evidence by the judge. 

"One can note that the judgement of the Court of Appeal acknowledges that the public has a particular interest in being informed about the allegations against Dahabshill. This is a resounding victory for freedom of expression. The Court is stressing the importance of media reporting in informing the public. In countries like Somalia with so many problems the vital public-watchdog role of the press may not be undermined. Only freedom of press creates a fair society,” said Mr. Peter C. Schouten, the media lawyer who represented Mr. Alasow.

The Court of Appeal also found it was "not probable” Mr. Alasow has been blackmailing Dahabshiil with the articles he published. Both in court and in the press Dahabshill accused the journalist fabricated the allegations for personal gain. Previously in Lower Court the judge chose to ignore the allegations the journalist "deliberately falsely” associated Dahabshill with criminal acts, violence and terrorism. The Court of Appeal confirms in its judgment the unlikeliness of this accusation. 

"There is no evidence at all that Mr. Alasow was or is blackmailing Dahabshiil. In my plea I have presented many facts to the Court establishing that this accusation is unsubstantiated, false and absurd. It is a lewd badmouthing strategy to marginalize and silence critical journalists as practiced by authorities and people in power in countries with no respect for freedom of speech,” said Mr. Peter C. Schouten.  

 

For information contact the Dutch law firm Advocatenkantoor Schouten Legal, Breda, The Netherlands, info@schoutenlegal.nl




Share on Social Media

U.S. STRATEGIC INTEREST IN SOMALIA: From Cold War Era to War on Terror

Thesis written by: Mohamed A. Mohamed | 01 June 2009 Nominated as TFG Prime Minister on October 14, 2010. Contact: Office of the Prime Minister TFG Somalia Email: pmcommunicationoffice@gmail.com Full Article

 

International court rejected Kenya greed to steal Somali territorial water

BREAKING: The International Court of Justice rejects Kenya's application that #ICJ does not have jurisdiction over the maritime dispute case Full Article

 

USA: Two Women Found Guilty of Providing Material Support to Terrorists

ALEXANDRIA, Va. – Two women were convicted today of terrorism crimes related to their material support of al-Shabaab, a designated foreign terrorist organization. Full Article

 

Somalia:International community expresses concern over parliamentary candidates with a history of violence and criminality

The process of registering candidates for the 275 seats of the House of the People is underway, and individuals with documented histories of criminality and violence should not be chosen by electoral colleges to represent their clans and sub-clans in the lower house of Parliament. Full Article

 

[RUUSHKA VS MAREYKANKA:] Maku soo gaarray warka ah in sida AK-47-ka loo adeegsan doono nuclear-ka.?

Waagacusub.net - Ruushka ayaa diblomaasiyiintiisa iyo qoysaskooda ku nool dibadda ku amray in ay dib ugu soo laabtaan dalkooda, xilli ay sare u sii kaceyso xiisadda la xiriirta suuro-gelnimmada dagaal ka dhaca dunida, sidaas ayaa lagu soo warramay. Full Article

 

[Daawo] Wariye Cali Xaraare oo halista Dahabshiil iyo musuqmaasuqeeda hanti boobka banaanka keentay ?

[Daawo] Wariye Cali Xaraare oo halista Dahabshiil iyo musuqmaasuqeeda hanti boobka banaanka keentay ? Full Article

 

Details of Somali young men sentenced death by an Indian court

Waagacusub Media's Somali version published the names, images and the tribes of Somali young men who were sentenced death by an Indian court. Full Article

 


Leave a comment

  Tip

  Tip

  Tip

  Tip

  Tip


New somali Premier is unwelcome a political novice with ambiguous background.

Waagacusub.net - Somali president appointed a political novice as prime minister contrary to advice of politicians and elders.

U.S. STRATEGIC INTEREST IN SOMALIA: From Cold War Era to War on Terror

Thesis written by: Mohamed A. Mohamed | 01 June 2009 Nominated as TFG Prime Minister on October 14, 2010. Contact: Office of the Prime Minister TFG Somalia Email: pmcommunicationoffice@gmail.com

Ethiopian spy is the most hated person in Somalia.

Waagacusub.net - Somali elected president Mohamed Abdullahi Mohamed "Farmaajo" was requested by many people and political groups to declare Ethiopian secret service official Hailu Gabre persona non grata for intermingling in the internal affairs of Somalia and masterminding renewed hostilities.

Kenya donated corruption money to Somali presidential candidate .

Well Informed sources told Waagacusub media that the government of Kenya has given 2 million US dollars to the outgoing Somali Prime Minister Omar Abdirashid Sharmarke on Saturday to support his bid to vie for the presidency of his war torn nation of East African.

Ethiopian military officer in Somalia accused of selling arms, massive corruption

An investigative report by a Somali website accused a high ranking Ethiopian officer in Somalia of arm sales to rival factions and collecting bribes from Somali politicians who want come to power.

New somali Premier is unwelcome a political novice with ambiguous background.

Waagacusub.net - Somali president appointed a political novice as prime minister contrary to advice of politicians and elders. Full Article

 

U.S. STRATEGIC INTEREST IN SOMALIA: From Cold War Era to War on Terror

Thesis written by: Mohamed A. Mohamed | 01 June 2009 Nominated as TFG Prime Minister on October 14, 2010. Contact: Office of the Prime Minister TFG Somalia Email: pmcommunicationoffice@gmail.com Full Article

 

Ethiopian spy is the most hated person in Somalia.

Waagacusub.net - Somali elected president Mohamed Abdullahi Mohamed "Farmaajo" was requested by many people and political groups to declare Ethiopian secret service official Hailu Gabre persona non grata for intermingling in the internal affairs of Somalia and masterminding renewed hostilities. Full Article

 

Turkish President congratulates new Somali president

Turkish president makes call shortly after Mohamed Abdullahi Farmajo elected Full Article

 

UN salutes Somali's new president

The UN Assistance Mission in the Somalia (UNSOM) has congratulated former Prime Minister Mohamed Abdullahi on his election as Somalia's new President. Full Article

 

Ethiopian military and political backing for sale by a corrupt officer called Gabre Part 1

The most Ethiopian corrupt military officer who is called Haile Gabre known by Somalis as General Gabre becoming extremely wealthy from the huge sums of money that he is getting from opportunistic Somali politicians who want to buy the sympathy of Addis Ababa, one of his juniors told Waagacusub anonymously. Full Article

 

Suspected Shabab Security officer elected by Somali senate.

Sunatimes.com - The vast majority of the Somali people were dismayed by the selection of Abshir Mohamed Bukhari who is well known for his radical views and unlimited support for the terrorist group Al-Shabab, a Somali based terror group that have links to Al-Qaeda and newly founded ISIS. Full Article

 

As ISIS Struggles for Influence in Somalia, al-Shabab Remains the Main Threat

The so-called Islamic State received some modest good news recently from Somalia, in what has otherwise been a dismal stretch of losses for the jihadi group. In October Full Article

 

Amid dwindling donor support, one million displaced Somali refugees grow hopeless, UN agency warns

UNHCR Special Envoy Mohamed Abdi Affey (second, right) listens to a Somali refugee in Dadaab, Kenya, who has opted to return home under a voluntary repatriation programme. Photo: UNHCR/Modesta Ndubi Full Article

 

Ethiopia and Kenya's secret plan to subvert Somalia

Waagacusub.net - The transparency website WikiLeaks late on Tuesday disclosed a secret plan to annex and divide Somalia between Kenya and Ethiopia. Full Article