Tuesday, August 31, 2010

Uganda: Photo journalist arrested over alleged publication of defamatory matter

Mukono; 31st/August/2010: Two Resident District Commissioners (RDCs) have arrested the Red Pepper publication limited photo journalist Tony Kizito over alleged publication of a defamatory story by the Kamunye news paper a vernacular sister paper of Red pepper.

Kizito, 28, was arrested at around 11:00am on 30th/08/2010 on his way to Mukono Town council when he was intercepted by the Buikwe RDC Betty Ssemakula who arrested and transferred him to another Mukono RDC Major David Matovu.

A Resident District Commissioner is appointed by the president as his representative at the district. Uganda has more than 110 districts.

On 30th/August/2010 Kamunye News Paper ran a front page story naming top RDCs who have been behind interfering and blocking Buganda King Ronald Muwenda Mutebi II from touring his counties. The RDCs included the deputy for Nakawa division Fred Bamwine, Major David Matovu for Mukono district and Betty Ssemakula for Buikwe district.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that Kizito was manhandled during the arrest, lost his camera and had his mobile phone confiscated by RDC Ssemakula.

RDC Matovu and Ssemakula allegedly mobilized hooligans who harassed Kizito before he was taken to Mukono police station. “It’s unfortunate that such public officials could take the law into their hands with impunity. Everybody is entitled to a fair hearing in the courts of law, just that” HRNJ-Uganda Board Chairman Robert Ssempala said.

Article 28 (3) a of the Constitution of the Republic of Uganda states that every person who is charged with a criminal offence shall be presumed to be innocent until proven guilty by courts of law or until that person has pleaded guilty.

Kizito was transferred to Mukono police station where he was held from Monday 2pm 30th/08/2010, recorded a statement and charged with ‘publishing defamatory matter’. “I was harassed and manhandled by hooligans hired by these RDCs. They forced me to sit on the ground several times on top of being insulted” Kizito said.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) condemns these acts of harassment that were subjected to Kizito in the strongest terms possible. We call upon the office of the president to investigate the behaviors of its staff and other perpetrators and strongly discipline them.

Kizito was released on police bond. HRNJ-Uganda programmes coordinator Geoffrey Wokulira Ssebaggala stood surety for him and ordered by police to produce Kizito on Friday the 3rd/08/2010 at 9:00am.

For more information contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road, Mengo- Bulange, Kampala Opp. St. Marcelino Preparatory School
Tel: +256-414-667627 / +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Wednesday, August 25, 2010

Uganda; Court nullifies sedition law

Kampala; 25th/08/2010, The Constitutional Court has declared the law on sedition as null and void.

The court ruling which was delivered on 25th/08/2010 morning by the court registrar Asaph Ntegye Ruhinda on behalf of five Judges including Justice Leticia Kikonyogo, Justice Steven Kavuma , Justice George Egwau, Justice Constance Byamugisha and Justice Augustine Nshiime nullified sections namely; 39 and 40 of the Penal Code, Cap. 120 which define and establish the law on sedition.

“Judges ruled that these sections of the penal code are unconstitutional and inconsistence with Article 29 (1) which guarantee freedom of speech” Ntegye said. The existence of sedition sections do not follow within the acceptable limit of speech.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) welcomes the court ruling which has broaden the space for free speech which has been under attack for many years in Uganda.

In 2005, journalist Andrew Mwenda and East African media Institute through lawyers James Nangwala and Kenneth Kakuru petitioned Constitutional court challenging the provisions on sedition in the Penal Code Act arguing that it was violating the right to freedom of expression which is guaranteed by the Constitution of the Republic of Uganda.

Under the Penal code Act, Sedition is defined as where a person alters or publishes statements aimed at bringing hatred, contempt or disaffection against the president, the government or the judiciary. The Act sets seven years of imprisonment on conviction. Mwenda was charged with sedition in 2005 arising from a talk show he modulated on K fm

According to HRNJ-Uganda Mid-Year Press Freedom Index Report 2010, more than a dozen of journalists have been on sedition charges and opposition political party supporters namely; Lubaga north MP Betty Kamya, Mukono north MP Betty Nambooze and Medard Ssengona.

“I commend court for having exercised its independence and struck off sedition out of our law books. This law did not affect us (media) only but the entire country” the Independent Managing Director Andrew Mwenda said. He has been charged with sedition 18 times out of the 25 charges is facing before court.

The court has also made several sections in the penal code act redundant which establish the law on promoting sectarianism including; section 42, 43 and 44 however, section which 41 which precisely define sectarianism was maintained.

The government has threatened to appeal against the sedition ruling according to principal state attorney Patricia Mutetsi as well as Mwenda against promoting sectarianism.

For More Information Contact;

Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road, Mengo- Bulange, Kampala Opp. St. Marcelino Preparatory School
Tel: +256-414-667627 / +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Friday, August 20, 2010

Court blocks media from writing about police investigation into the July11th bomb blasts

Kampala, 20th/08/2010; Any journalist operating in Uganda and writes about police investigation into July 11th bomb blasts risks to be charged with terrorism according to court order.

The court order released on Monday the 16th/08/2010 by Nakawa chief magistrate’s court issues an injunction doth against all print and (broadcast) media house operating in Uganda retraining them from publishing information and or police investigation relating to July 11th terrorism case pending before the same court.
The Anti-Terrorism Act, 2002 states that any person who establishes, runs or supports any institution for promoting terrorism, publishing and disseminating news or materials that promote terrorism is also liable to suffer death upon conviction.

The injunction has come at a time when there’s power struggle between the police force and the army over who should do investigation. Last week, the army paraded terrorist suspects before the media while the police boss Gen. Kale Kayihura held a parallel press conference at the same time at the government’s media center.

Sources say, in the ex-party miscellaneous application lodged before court on Monday the 16th/08/2010 officials at police argued that media reports about the ongoing investigation into July/11th bomb blasts facilitate other suspects at large to disappear.

Human Rights Network for Journalist-Uganda (HRNJ-Uganda) expresses its disappointment over the way the government has criminalized the work of the media and denies the public the right to know the outcome of the investigations. “Uganda has had a number of commissions of inquiries and none has been made public. Government should be accountable to its people and the media should be allowed to operate freely” HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala said.

Since the anti-terrorism came into force, no journalist has ever been charged with terrorism although there’s Mega fm journalist Patrick Otim who is on remand at Luzira prison on charges of treason.

HRNJ-Uganda calls on government to withdraw the injunction as part of promoting an open and accountable government.

For more information contact;

Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road, Mengo- Bulange, Kampala Opp. St. Marcelino Preparatory School
Tel: +256-414-667627 / +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Thursday, August 19, 2010

Kasese; Television Journalist arrested, detained

Uganda; Wavah Broadcasting Service (WBS) television journalist Harrison Thembo has been arrested by police at Bwera (Uganda-DR Congo boarder) for filming activities at the immigration offices.

Thembo was arrested on 16th/08/2010 at 8:00am while filming the unusual and exasperating process Ugandans and non Ugandans go through while moving within or entering the country.

The situation has changed following the bomb blasts in Kampala last July which killed over 70 people while watching 2010 World Cup final at Kyadondo Rugby Club and Ethiopian village in Kabalagala both Kampala suburbs.

Thembo is the second journalist to be arrested after Uganda Record journalist Timothy Kalyegira on bomb related stories. He was accused of trying to jeopardize the national security according to sources.

“I was filming a certain lady at the boarder who was going through the unusual process of entering Uganda through DR Congo by the time I was arrested by police” Harrison Thembo said. Police accused him of filming a security installation and later forced to record a statement.

He was detained for more than four hours and later released without a formal charge.

For more information contact;

Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road, Mengo- Bulange, Kampala Opp. St. Marcelino Preparatory School
Tel: +256-414-667627 / +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Monday, August 9, 2010

Police demand for email password from a journalist

Kampala, 08th/08/2010; Kampala police investigating Uganda Record journalist Timothy Kalyegira over publishing seditious materials demand for his email and website passwords.

Since Monday 2nd/08/2010 police have confiscated Kalyegira’s laptop, passport, internet modem, mobile telephone and 6-paged A4 notes papers.

Kalyegira who was first called on 5th/08/2010 at 5pm by Kira road Divisional Criminal Investigation Department (CID) boss Prudence Haguma demanding for laptop password, he later received numerous calls demanding for email and website passwords.

Article 27 (1) a, of Constitution of the Republic of Uganda prohibits unlawful search for the person, home or other property of that person. (2). No person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.

However, Ugandan Parliament on 14th/July/2010 passed the controversial Interception of Communications Bill seeking to authorize the tapping of telephones and other private communications.

“The first call from police was demanding for laptop password which I provided. Then, other calls were demanding for my email and website passwords which I declined to provide after I consulted my lawyer” Kalyegira said.

Kalyegira is expected to report back to police on 12th/08/2010 after his bond was extended on 07th/08/2010.

For More Information Contact;
Human Rights Network for Journalists (HRNJ-Uganda)
Plot 16 clement Hill Road – Nakasero, Kampala
P.O.Box 71314 Clock Tower Kampala
Tel: +256-414-667627 / Hotline: +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalist@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Thursday, August 5, 2010

HRNJ-Uganda Update: Police searches journalist’s home, laptop seized

Kampala, 05th/08/2010: Police in Kampala on 04th/08/2010 afternoon searched the residence of the embattled Uganda Record journalist Timothy Kalyegira who is facing charges of sedition.

Since 02nd/08/2010, Kalyegira has been in and out of police on allegations of publishing seditious materials on the Uganda Record website. Uganda Record is one of Uganda’s online magazines.

Police alleges that Kalyegira published seditious materials between 12th and 16th of July 2010 after the bomb blasts which claimed more than 70 lives.

Section 39 (3) of the penal Code Act (Cap.120) states that in determining whether the intention with which any act was done, any words were spoken or any document was published was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his or her conduct at the time and in the circumstances in which he or she was conducting him or herself. However, section 40 states that seditious offences shall include prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication among others and the punishment is five years imprisonment or a fine not exceeding fifty thousand shillings (US $ 25) or both.

The police which travelled in a private car to Kalyegira’s home located at Makindye Lusaka Zone Local council One (I), conducted a search master bedroom and study room for an hour. “The search seemed a general exhibit search. They confiscated my passport after I was asked whether I had travelled outside the country, the laptop, internet modem and six paged handwritten document” Kalyegira said. Police wanted to take a cassette recorder.

The search team was headed by divisional CID officer (Kira police station) Prudence Haguma.

Kalyegira’s bond was extended and he is required to report to police on Friday the 06th/08/2010 at 10am.

For more information contact;
Human Rights Network for Journalists (HRNJ-Uganda)
Plot 16 clement Hill Road – Nakasero, Kampala
P.O.Box 71314 Clock Tower Kampala
Tel: +256-414-667627 / Hotline: +256-701-810079
E-mail: info@hrnjuganda.org
humanrajournalist@yahoo.co.uk
Website: www.hrnjuganda.org
Blog: http://hrnjuganda.blogpost.com

Wednesday, August 4, 2010

Uganda Update: Journalist released on bond, mobile phone confiscated

Kampala, 04th/08/2010: The interrogation of Uganda Record journalist Timothy Kalyegira by police has entered a second day but sanctioning charges of sedition remains a challenge.

The Penal code act has not been amended to cater for crimes committed by an online publisher. According to the lawyer Ladislaus Rwakafuuzi police has to provide the place where the crime was committed if the law on sedition will be used against Kalyegira.

Although Kalyegira flanked by lawyer Rwakafuuzi arrived at Kira road police station as early as 9:30am on the 03rd/08/2010 but the interrogation kicked off at 12:54pm. Police seemed unprepared since they had to extract the alleged seditious publications from the Uganda Record’s website.

The interrogation which was conducted on camera lasted for two hours headed by the head of Media Offences Department Commissioner of Police (CP) Kuteesa Simon Peterson. The Media Offences Department is part of the Criminal Investigation Department of Uganda police Force responsible for media related crimes established in 2008.

The police during the interrogation searched Kalyegira’s mobile telephone and confiscated it. “Police wanted to search Kalyegira’s home but they changed their mind.

He was released on police bond after two people namely; Robert Kalumba and Chris Obore stood sureties for him. Under the police file number CRB 2400/10 he’s required to report back to Kira road police station on 04th/08/2010 at 9:00am.

For More information contact;

Human Rights Network for Journalists – Uganda (HRNJ-Uganda)
Plot 16 Clement Hill Road – Nakasero
P.O.Box. 71314 Clock Tower Kampala – Uganda
Tel: +256-414-667627 / +256-701-810079
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Log onto our website: www.hrnjuganda.org
Or Blog: http://hrnjuganda.blopost.com

Tuesday, August 3, 2010

Uganda Alert: Journalist arrested, charged with sedition

Kampala, 03/08/2010: Uganda Record journalist Timothy Kalyegira has been charged with sedition over bomb blast story.

Kalyegira who was summoned on last Thursday 29th/07/2010 was arrested on 02nd/08/2010 at Kibuli Criminal Investigations Department (CID) headquarters and released on bond.

Uganda Record one of Uganda’s online magazines established 2009 July is allegedly to have published stories on both 12th/07/2010 and 16th/07/2010 under a subtitle “who set off the Uganda bombs?”

The law on sedition is commonly used in Uganda against journalists and other people with divergent views. More than a dozen of journalists are being prosecuted under sedition. It’s now more than five years since journalist Andrew Mwenda challenged the constitutionality of the law on sedition before the constitutional court. “The law does not only infringe on the right to freedom of expression, conscience and opinion but it bars the public from checking those in power and holding them accountable for the actions” Human Rights Network for Journalists-Uganda (HRNJ-Uganda) Programmes Coordinator Geoffrey Wokulira Ssebaggala said.

Article 29 (a) of the Constitution of the Republic of Uganda says every person shall have the right to freedom of speech and expression which shall include freedom of the press and other media.

According the bond, Kalyegira is required to report to Kira road police station on 03rd/08/2010 at 10:00am for interrogation.

For more information contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Plot 16 Clement Hill Road Nakasero
P.O.Box. 71314 Clock Tower Kampala – Uganda
TeL: +256-414-667627 / +256-701-810079
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
Or Blog: http://hrnjuganda.blogpost.com