Reporters Without Borders and the Pakistani NGO Freedom Network condemn the four-year jail sentence that an Afghan court has imposed on Pakistani TV reporter Faizullah Khan for illegally crossing into Afghanistan while researching a story on the Taliban.

Announced on 13 July, the sentence was imposed by a military court in the eastern province of Nangarhar that specializes in threats to internal and external security.

The two organizations question the court’s motives for imposing such a heavy sentence. Was it a message to foreign reporters entering Afghanistan without proper travel documents? Or was it a warning to foreign reporters investigating subjects regarded as “sensitive”?

In either case, Reporters Without Borders and Freedom Network call for this utterly disproportionate sentence to be quashed on appeal.

“Such a sentence for a journalist is scandalous and out of all proportion,” said Iqbal Khattak, the executive director of Freedom Network and Benjamin Ismaïl, the head of the Reporters Without Borders Asia-Pacific desk. “We suspect the intelligence services of being behind this harsh sentence, and we call on the authorities to explain why a military court was used to try an administrative offence.”

Khattak and Ismaïl added: “We also urge the Afghan justice system to take more account of the role of media and journalists as guardians of public interest, and we call for a more relaxed visa regime for reporters, including the possibility of visas on arrival.”

Khan, who works for the Karachi-based TV station ARY News, was arrested by the Afghan authorities in Nangarhar in April after travelling to Peshawar, in northwestern Pakistan, to interview Taliban leaders and then suddenly losing contact with his colleagues.

His arrest in Afghanistan was reported by the Pakistani media on 5 May. Afghanistan’s National Directorate of Security (NDS) was subsequently said to suspect him of spying but no formal charge was brought against him.

The issue of the Taliban is often a source of tension between Pakistan and Afghanistan, with each country accusing the other of being “lax” towards the Taliban or even being directly involved in the terrorist actions that affect both countries.

Afghanistan is ranked 128th out of 180 countries in the 2014 Reporters Without Borders press freedom index.

REPORTERS WITHOUT BORDERS

Last week, the Karachi based reporter was convicted by a Jalalabad court to serve a four year jail on charges of spying as he entered the country without legal permission.

Speaking at the protest demonstration organised by Pakistan Federal Union of Journalists (PFUJ- Afzal Butt group) at the National Press Club, Information Minister Senator Pervaiz Rasheed said that the government had directed the foreign office to provide all possible support to Faizullah.

The protests were held outside the press clubs of all the major cites.

“We respect judiciary and the decision must have been taken after thorough consideration but we would like the Afghan government to look into the matter on humanitarian grounds and resolve the matter at the earliest,” the information minister added.

Senior journalist says Afghan govt has pardoned Faizullah, will release him soon
The chairman of Senate Standing Committee on Interior, Senator Talah Mehmood, said the Pakistan, Afghanistan border had not been clearly demarcated, therefore anybody could go astray.

“Faizullah might have crossed the border unintentionally but putting him behind bars for four years for this crime is too harsh,” Senator Talah said. The senator said Afghan government should also stop all its citizens from crossing into Pakistan illegally.

Other speakers including Afzal Butt, the president of his own faction of PFUJ said Faizullah went to Afghanistan to do a story on Taliban and North Waziristan, two months back.

“Initially, there were reports that he was missing and could have been kidnapped, but later Kabul communicated to the Pakistani authorities that they had arrested him on May 6, 2014 as he entered into Afghanistan without proper document,” Mr Butt added.

He demanded the government that efforts should be made for his release before Eid.

Pakistan to assist journalist jailed by Afghan court

However, Salim Safi, anchorperson announced that the Afghan ambassador in Islamabad had assured him that Faizullah would be released before Eid, as the president Karzai has pardoned his punishment.

The protest was also attended by anchorperson Hamid Mir, who after recovering from the deadly attack, was able to walk and received a warm welcome from fellow journalists and politicians.

DAWN

An Afghan court in eastern Nangarhar province convicted Faizullah Khan, a reporter for the Karachi-based privately owned news channel ARY News, of illegally entering the country and sentenced him last week, ARY News Senior Vice President Ammad Yousaf told CPJ by phone.

Afghan authorities had also accused of Khan of spying, but the three-judge bench dismissed the espionage charge, according to his lawyer, The Express Tribune reported.

Khan had traveled to Peshawar in April to report along the border between Pakistan and Afghanistan, and had been regularly checking in with his colleagues, according to Yousaf. Then he suddenly stopped communicating. A few days later, on April 27, ARY received a call informing the channel that Khan was being detained in a Jalalabad jail, Yousaf told CPJ. Khan had traveled to the region to interview Taliban leaders, news reports said.

“We call on Afghan authorities to immediately release Faizullah Khan,” said CPJ Asia Program Coordinator Bob Dietz. “No journalist should face such a harsh prison term for going about reporting.”

In the days following Khan’s arrest, ARY notified Pakistani officials, who raised concerns with tribal chiefs and officials in Afghanistan, but were unsuccessful at gaining Khan’s release, Yousaf told CPJ.

An appeal in the case has been filed, he said.

Committee to Protect Journalists

Faizullah Khan, a reporter for Karachi-based ARY News, was detained by Afghan authorities in eastern Nangarhar province in April this year. Some reports had earlier suggested Faizullah was on assignment to interview Taliban leaders as part of his professional duties.

“A panel of three-judges in eastern Nangarhar province has convicted Faizullah Khan,” a Pakistani embassy official said, while speaking from Kabul via phone.
Faizullah was also accused of spying; however, the bench dropped espionage charges and jailed him for illegal entry to Afghanistan, his Afghan lawyer says.

An Afghan source in Jalalabad, who is privy to the court’s proceedings, said the judges also mentioned Faizullah Khan’s attempt of interviewing the Taliban in the verdict.

An appeal against the conviction will be filed in an Afghan High Court, a source said.

Pakistani embassy in Kabul and the country’s consulate in Jalalabad had been actively involved to help the journalist in the legal battle, the embassy spokesman, Akhtar Munir said, talking to The Express Tribune from Kabul.

He said Ambassador Abrar Hussain had held a series of meetings with key ministers and senior officials to secure the release of the journalist. “The embassy will continue efforts to help the Pakistani journalist while using all legal options,” the spokesman said.

Sources said South Asian Free Media Association (Safma) Afghan chapter had been contacted in Kabul to seek its help in the release of the Pakistani journalist. However Safma’s in-charge in Kabul had called for a letter from Safma office-bearers in Pakistan.

The International Federation of Journalists (IFJ) urged the Afghanistan and Pakistan governments to act urgently for safe return of the journalist.

International media groups say both Pakistan and Afghanistan are dangerous regions for journalists to operate with poor safety and security situations and impunity in attacks on journalists.

Express Tribune