Swedish court finds Tedros Issak guilty of unlawful threat against Meron Estifanos

Swedish court finds Teodros Issak guilty of unlawful threat against Meron Estifanos

[Introduction: When the confrontation that led to court took place, XINDEX, the voice of free expression wrote the following on Sept 28, 2011:

"A Swedish-based journalist has been threatened by the brother of Dawit Isaak. Following a public forum in Eritrea on the case of Dawit Isaak, a Swedish-Eritrean journalist who has been imprisoned for over a decade without charge, journalist Meron Estefanos was confronted on Friday by Isaak’s brother, Tedros. Tedros Isaak told the journalist if she used his name, or spoke of his family again he would “slit her throat”. Estefanos, a contributor to the leading Eritrean diaspora news site Asmarino, wrote a column in 2010, comparing Tedros Isaak’s support for the government that arrested his brother with the efforts of his other brother to free Dawit."Tedros Isaak | Index on Censorship

on Dec 12, 2011 a judgement has been given in favor of Meron Estefanos. the following is the judgement as worded by the court.]

DISTRICT COURT OF GOTHENBURG

Prosecutor: Assistant Prosecutor Mahrdad Sanaei (Gothenburg’s Public Prosecution Office)
Plaintiff: Meron Estefanos
Accused: Teodros Isaak
Public Defender: Lawyer Per Söderberg (Söderbergs Lawyer Office)

JUDGEMENT
Date 2011-12-22
Case number B 15496-11

Crimes: Assault

Penalty, etc.: Defendant ordered to pay a fine of SEK 200 times 50 days (in lieu of community service).

Damages: Crime Victim Compensation Fund

Teodros Isaak will pay damages to Meron Estefanos in the amount of SEK  5000  plus interest in the amount calculated under § 6 of the Interest Act (1975:635) from September 23, 2011 until payment is done in full. The accused is required to pay a fee of SEK 500 under the Act on Trust Fund for Victims (1994: 419).

Compensation: The cost of defense incurred by Lawayer Per Söderberg in the amount of SEK 4425 is to be compensated from public funds. The amount includes a VAT of SEK 885. The cost of defense should be repaid by Teodros Isaak to the State.

Petitions, etc.: Prosecutor’s application, see Appendix 1.

Meron Estefanos claimed damages in the amount of SEK 7000 for the violation committed by the defendant.   She also claimed interest according to § 6 of the Interest Act, accruing from 23 September 2011.

Grounds

Teodros Isaak denied the deed. The prosecutor relied on the evidence shown in Appendix 1.
Teodros Isaak relied on his witnesses, Magda Isaak, who is also his daughter. The investigation initially revealed the following. Teodros Isaak is the brother of Dawit Isaak, who has been in prison for the past ten years in Eritrea without trial.

Meron Estefanos appeared as a speaker at a Book Fair in Gothenburg on the day when the incident took place. She has written about Eritrea and about the family of Isaak. Meron Estefanos and Teodros Isaak were not personally acquainted. After Meron Estefanos’ speech, Teodros Isaak came up to her. He made comments on the publications she wrote about the family of Isaak, while she stated that she wrote what she wanted. There was thus an exchange of words between them. Meron Estefanos stated that the argument ended with Teodros Isaak who said that he would cut her throat if she wrote about them again. His daughter pulled him away.

Teodros Isaak and his daughter have stated that no such threats were ever uttered.

Ephrem Mahari submitted under oath a report confirming a similar threat to that of the allegation for which Teodros Isaak is convicted. He stated that he was in a close distance and that he had no trouble understanding it.

The district court finds that Ephrem Mahari, as far as disclosed, is an outsider and has no personal ties to those involved. The district court has no reason to believe that being under oath he would provide incorrect information to disprove Teodros Isaak. The district court believes that the testimony given by Ephrem Mehari and Meron Estefanos should make the basis for assessment. By this the deed is proved. It is concluded that it was an unlawful threat.

In lieu of community service, defendant ordered to pay a daily fine. Teodros Isaak has not acknowledged the claim for damages. The district court considers that Meron Estefanos is entitled to compensation by reason of the violation and assesses a reasonable amount to be SEK 5 000.

APPEALS see Annex 2 (DV 400)
Appeals must be sent to the District Court by 12 January 2012 and be addressed to the Court of Appeal for Western Sweden.

Mats Eriksson


Translation by Meron Estefanos

Translator’s note: This is unofficial translation of the original verdict given in Swedish on 22 December 2011in case number B15496/11. Any errors are attributable to the translator.

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