Journalist and political analyst Ibrahima Bakhoum discusses the controversy surrounding interviews given by Madiambal Diagne to journalists Maïmouna Ndour Faye of 7TV and Babacar Fall of RFM. He argues that no law prohibits a journalist from interviewing a person presumed innocent and denounces the abuses that threaten press freedom in Senegal.

 

Is it forbidden for a journalist to interview a person subject to an arrest warrant?

At first, one might think so. One might assume that from the moment the law requires his presence and a warrant has been issued to arrest him, he is considered—in a manner of speaking—a fugitive. But in reality, I haven't seen any action on his part that would suggest he's on the run. Until further notice, his travel ban remains in effect. The day he tried to leave, he was prevented from doing so, and he chose a different strategy to continue his journey, a different route, but with the same destination.

So, is he a fugitive? Certainly, an international arrest warrant has been issued against him, but he has not yet been tried. He therefore remains presumed innocent, and like you and me, he has the right to speak out, to address the Senegalese people. He must be able to explain himself, wherever he is. Since the case has not yet gone to trial, he is simply preparing his defense, which is his right.

Journalists have the right to collect, process, and disseminate information, with the freedom to criticize and comment. In this specific case, we are at the information-gathering stage: a journalist felt it would be useful to give a voice to the person everyone is talking about, so that citizens would know what is happening in their country, since the journalist works in a context where the political stakes are very high. And the fact that the journalist who conducted the interview was arrested, or that the radio signal was cut off so abruptly, is clearly excessive.

This could even strengthen Madiambal Diagne's position. If an extradition request is made, he could tell the French judge, "You see, even the right to speak is denied me." If the political dimension dominates the case, the judge might consider that he would not receive a fair trial and refuse his extradition.

The journalist simply did her job: giving a voice to a topic everyone is talking about. In doing so, she may have weakened certain positions, but she committed no wrongdoing. It's not illegal for a journalist to give a platform to someone facing prosecution, especially if it's not for a crime.

Does the questioning of these journalists constitute an attack on press freedom?

This is, at the very least, a threat. Because it infringes upon the journalist's right to collect, process, disseminate, comment on, and critique information. It is a violation of the journalist's fundamental right, and therefore a direct threat to freedom of expression and democracy.

How do you analyze the relationship between the new power and the press?

The new authorities know the press very well. They know how useful it can be to a politician, but also how much it can be a thorn in the side of those in power. If the government truly acts with transparency and good governance, it has nothing to fear from journalists.

The problem is that many Senegalese were hoping for real change. But those who criticize today were often the same ones who applauded yesterday. Under the previous regime, some praised the government. And today, we see the same mistakes repeated: those we thought were different are ultimately revealed to be just like everyone else, seeking above all to protect their own interests.