Six Gambian journalists sentenced in early August to two years in prison on six counts of criminal defamation and sedition have filed an appeal.

Emil Touray, Sarata Jabbi-Dibba, Pa Modou Fall, Pap Saine, Ebrima Sawaneh, Sam Sarr and Abubakar Saidykhan were first arrested after publishing, on behalf of the Gambia Press Union, a joint statement that criticized remarks made by Gambian President Yahya Jammeh about former The Point newspaper editor Deyda Hydara, who was murdered by unidentified gunmen in 2004. Saidykhan was subsequently acquitted.

The court decision is being challenged on the grounds that the charges contravene the 1997 Gambian constitution.

Ugonna Duru, program officer for media law reform and legal defence at the Media Foundation for West Africa, based in Accra, Ghana, told IPI she was “not sure the appeal will succeed … if you go by all the things that have happened from the beginning to the end of the trial.”

She added: “The media law is very bad in Gambia. Journalists have been harassed, attacked. Many have fled into exile out of fear. The media is under attack. Journalists are living in fear. The state of the media is very repressive.”

IPI Director David Dadge expressed concern that the charges against the six imprisoned journalists constituted punishment for expressing an opinion.

“I hope that the appeal is successful. However, it is difficult not to see the ongoing court case as anything other than an expression of vindictiveness rather than the calm and judicious weighing of evidence. Indeed, this disturbing case seems to be a clear example of how the Gambian judicial system can be compelled to mete out punishment for the mere expression of a critical opinion.”

There are concerns about the well-being of the journalists. Pap Saine, editor of The Point, and also a reporter for the Reuters news agency, reportedly suffers from a heart condition that requires a pace-maker. Local news sources last week reported that Saine was suddenly moved to hospital for treatment, and that he is in danger of dying if he remains in prison, where conditions are reportedly pitiful.

Authorities also reportedly took Sarata Jabbi-Dibba’s 7-month old baby away from her on 8 August for a “routine medical examination;” the child, who is still breastfeeding, was not returned to its mother until 15 August.