Togo: PEN Togo President Marthe Nounfoh Fare at risk of imprisonment
Marthe Nounfoh Fare. © Marthe Nounfoh Fare
RAN 03/2024
5 July 2024: Marthe Nounfoh Fare, President of PEN Togo, is at risk of imprisonment for a video and commentary she posted on her TikTok account on 19 June 2024. The video was shot from a distance and depicts an unidentified woman pacing outside the headquarters of Togo’s ruling party, Union for the Republic Party (UNIR). Marthe was summoned by the authorities to appear at a Lome police station on 26 June 2024. She remained in arbitrary detention until 1 July when she was taken to court and charged with ‘violation of personal privacy’. Oddly, the authorities were the ones who had looked for and contacted the ‘complainant’ about the video.
Marthe is due to appear in court again on 15 July for a hearing on sentencing. She faces up to six months in prison if convicted.
TAKE ACTION.
Advocacy
Please send appeals to the authorities of Togo, urging them to:
● Stop the judicial harassment of Marthe Nounfoh Fare and unconditionally drop all charges against her; and
● Protect Marthe Nounfoh Fare’s right to freedom of expression, online and offline.
Send appeals to:
Name: Faure Essozimna Gnassingbé
Role: President of the Republic of Togo
Contact Form: https://presidence.gouv.tg/ecrire-au-president/
X (Twitter): @PresidenceTg
Name: Mipamb Nahm-Tchougli
Role: Minister of Justice
Email: contact@justice.gouv.tg
X (Twitter): @justice_togo
Please reach out to your Ministry of Foreign Affairs and diplomatic representatives in Togo, calling on them to raise the case of Marthe Nounfoh Fare in bilateral fora. Contact details can be found here.
***Please send your appeals immediately. Check with PEN International if sending appeals after 16 July 2024. ***
Outreach
PEN members are encouraged to:
● Publish articles and opinion pieces in your national or local press highlighting the case of Marthe Noun Fare;
● Share information about Marthe Nounfoh Fare and your campaigning activities via social media.
● Encourage others in your network to write messages (letters, emails or Tweets) calling for a stop to the judicial harassment of Marthe Nounfoh Fare
Please keep us informed of your activities. Messages can be sent to Nduko o’Matigere, Head of Africa Region at PEN International: Nduko.oMatigere@pen-international.org
Solidarity
Messages of solidarity to Marthe Nounfoh Fare may be sent here:
Facebook: https://www.facebook.com/marthenoun.fare
Twitter: https://x.com/marthefare
Instagram: https://www.instagram.com/marthefare
TikTok: https://www.tiktok.com/@marthefare2
Background
Marthe Nounfoh Fare is a Togolese writer, journalist, blogger, and communications expert. She has served as the President of PEN Togo since its inception in 2016. Her books include the novels, La sirène des bas-fonds [“The Siren of the Ghetto”] and Rivales [“Rivals”]. Marthe also works as a web journalism trainer with higher education institutions in Togo. She is the recipient of the 2021 Sembene Ousman Prize for the Novel presented by the Senegalese Writers Association (AES). Marthe is a committed advocate of freedom of expression and promotion of women’s human rights in Togo and around the world.
Togo's national police force summoned Marthe to the Djidjole Third district police station in Lome, the capital on 26 June 2024 for questioning about her TikTok video. However, the police prevented her from leaving although she had not been charged. Authorities refused to disclose to her lawyers the reasons for her detention without charge.
Marthe remained in arbitrary detention until 1 July 2024 when she was taken to Court and charged under articles 368, 369 and 370 of Togo’s Penal Code with the offense of ‘violation of personal privacy’ - allegedly filed by a member of the family of the woman appearing in Marthe’s video. Yet, it is the authorities who had looked for and contacted the ‘complainant’ about the video.
In Court, the State Prosecutor sought a six-month sentence against Marthe. Her lawyers objected and sought the dismissal of the case, citing its lack of merit and the procedural flaws by the police and prosecution. Marthe was released and will appear before a Judge at Lome Court of First Instance on 15 July for a hearing on sentencing. Marthe risks conviction if this glaring case of judicial harassment is not dismissed.
Although the right to freedom of expression is constitutionally guaranteed in Togo, in practice, authorities have consistently failed to live up to their obligations to protect it. As highlighted in
War, Censorship and Persecution, PEN International’s Case List 2023/2024, online repression is rampant in Togo, with authorities often targeting journalists for malicious prosecution for commenting on topical issues on their social media accounts.
Note to Editors: For further details contact Nduko o’Matigere, Head of Africa Region at PEN International: Nduko.oMatigere@pen-international.org