COURT FINDS TREASON SUSPECTS WITH BODY TORTURE SCARS AND DEFORMITIES.

Kampala, 28^th/Feb/2012; Hearing of a treason trial against Otim Patrick, a journalist with Mega FM in Gulu and 13 other suspects has entered its 2^nd week with prosecution producing pathology examination to ascertain the mental and physical state of the suspects. It was discovered that a haphazard examination or none at all was done during the initial examination of the suspects.  

A medical doctor with the Uganda Police Force, Dr. Moses Byaruhanga, was the 13^th state witness. He testified in regard to the physical examination of seven of the accused persons three of whom he personally examined, while four others including Patrick Otim were by his colleague Dr. Nsereko Mukasa.

According to Police Form 24, Otim was examined by Dr. Nsereko on 15^thJune 2009 and allegedly found with no fresh injuries on the body, therefore rendering him of sound mind as per the forensic consultations.

During cross examination by defense lawyers led by Yunus Kasirivu, Ladislaus Rwakafuzi, Musa Ssembajja, Rashid Babu, Sauda Nsereko and Darlton however, it was discovered that all Dr. Nsereko’s forms had the word ‘none’ while Dr. Byarugaba’s had ‘no recent fresh wounds’. This prompted one of the defense lawyers to request court presided over by Justice David Wangutusi to order Dr. Byaruhanga to carry out a brief examination in the court room and it was discovered that the suspects including Sgt. Devolente Menya, Patrick Okello and Alfred Lubel Olanya had scars on their bodies while some had glaring deformities which were not indicated on the police examination forms.

The forms required the doctors to fill in the results of a complete body examination including recent or fresh wounds.

The accused are journalist Patrick Otim, Patrick Komaketch, Alex Okot Langwen, John Otim, Patrick Okello, Jimmy Oceng Opoka aka Billy, Francis Akena, Franki Abonga, Micheal Obol, Alfred Lubel Olanya, Lt. Emmy Oryem Mwaka and Sgt. Devolente Menya. They are also charged with treason and concealment of treason in the alternative.

Patrick Otim was kidnapped in 2009 and detained incommunicado for more than a month and he was brought to court through the habeas corpus filled by Human Rights Network for Journalists-Uganda (HRNJ-Uganda).

Prosecution alleges that the suspects committed the offence between 2006 and May 2009 in eight districts of Kampala, Masindi, Gulu, Pader, Kitgum, Nebbi, Apac and Amuru when they formed a rebel group called the Popular Patriotic Front (PPF) and recruited people to fight and overthrow President Yoweri Museveni’s government. It further alleges that they mobilized logistical support for the rebellion by obtaining satellite phones, Global Positioning System (GPS) machines, solar panels, black polythene sheets, gumboots, laptops, walkie talkies and firearms.

“Human Rights Network for Journalists-Uganda (HRNJ-Uganda) is praying that justice is delivered at the end of the trial. Accused persons have a right to a fair trial and this includes acquittal if evidence is found to be wanting,” said HRNJ-Uganda Programme Coordinator Wokulira Ssebaggala.

For More Information Contact;

  Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

  Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School

  P.O.BOX. 71314 Clock Tower Kampala

  Tel: +256-414-272934 / +256-414-667627

  E-mail: news@hrnjuganda.org

               humanrajournalists@yahoo.co.uk

  Website: www.hrnjuganda.org

  BLOG: http://hrnjuganda.blogpost.com

ADMIT THE UN SPECIAL RAPPORTEUR ON FREEDOM OF EXPRESSION TO UGANDA -Urges HRNJ-Uganda.

Kampala, 28^th/Feb/2012; Human Rights Network for Journalists-Uganda (HRNJ-Uganda) is shocked by the Uganda government’s rejection of recommendations made to it during the Universal Periodic Review Mechanism (UPRM) to admit the UN Special Rapporteur on freedom of expression to visit the country and assess the human rights situation.

UPRM is a brainchild of the United Nations Human Rights Council whose intention is to assess the human rights situation of its respective member countries.

HRNJ-Uganda has learnt that an Inter-ministerial meeting held on February 23^rd, 2012 in Kampala and chaired by the ministry of Foreign Affairs rejected 21 recommendations out of 42 which had been reserved by the same government during the October 2011 Geneva review.

The government departments and ministries that were represented in the meeting include, Ministry of Justice and Constitutional Affairs, Ministry of Defense, The Electoral Commission and Uganda Human Rights commission, among others.

The rejected recommendations were from; Latvia which asked Uganda government to consider positively the request for visit by Special Rapporteur on promotion and protection of the right to freedom of opinion and expression and recent request by Special Rapporteur on the rights to freedom of peaceful assembly and association.

Another is Canada’s recommendation asking the government to arrange for the visit of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression as soon as possible.

When HRNJ-Uganda contacted the in-charge of the UPRM in the ministry of foreign affairs, Ambassador David Etuket, he confirmed the government’s position on the recommendations to admit the UN Special Rapporteur.

“The problem is that the invitation is open ended in that whenever the Special Rapporteur feels like visiting the country will do so at his/her wish. We cannot allow this because it would be like a house without a door,” said Ambassador Etuket.

He added that Uganda government supports the international processes, “but we are opposed to the activities of the Special Rapporteur.”

Several human rights organizations and journalists in Uganda have on a number of occasions called on the UN Special Rapporteur on freedom of expression to visit Uganda due to the shrinking and sinking space of their operating environment.

Many journalists as human rights defenders in Uganda are, incarcerated, unlawfully arrested and detained, killed and physically assaulted with impunity while other Ugandans especially those who try to express themselves continue to face the brutality of law enforcement agents.

The Press Freedom Index report 2011–Uganda released by HRNJ-Uganda indicates that violence meted against journalist has doubled from 58 cases in 2010 to 107 cases in 2011. Also, the international media report released by the Paris-based Reporters (RSF) without Boarders showed that Uganda had dropped 43 positions in press freedom ranking to 139^th position out of 170 countries surveyed country-wide.

“We applaud the Ugandan government for voluntarily accepting more than six recommendations to improve the situation. With the continuing attacks on journalists and brutality by security forces against Ugandans and the growing levels of impunity, the environment urgently needs an international scrutiny by the Special Rapporteur” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala.

He added that the establishment of Universal Periodic Review presents a historic opportunity for strengthening the promotion and protection of human rights in Uganda.

It is now about two years since the UN Special Rapporteur requested for government permission to be allowed to come to Uganda and assess the obtaining human rights situation, but was turned down on all occasions.

HRNJ-Uganda therefore appeals to government to reconsider its position before the adoption of recommendations in March 2012, failure of which the international community should assert pressure to ensure that such a position is withdrawn unconditionally.

For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

COURT SETS DATE FOR HEARING OF JOURNALIST OKELLO TREASON CASE.

Kampala, 17^th/February/2012; The High Court in Kampala has set 3rd/ March/2012 for the hearing of a second bail application filed by Augustine Okello.

Augustine Okello commonly known as Rouks was a radio presenter at Rhino FM (a branch of Top Radio) in Lira prior to his arrest and treason charge. He has spent over six months in jail.

Okello was kidnapped on the evening of 13th July 2011 under unclear circumstances in Lira District after holding a number of meetings with the district internal security officer (DISO) Stephen Eriaku and another police man attached to Lira Central Police station.

He was detained incommunicado for more than two weeks in different places including Kitante based Chieftaincy of Military Intelligence (CMI) and Kireka, the headquarters of Rapid Response Unit (RRU). RRU has since been disbanded and incorporated into other security organs.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) filed for habeas corpus at High Court in Lira which pressurized security agencies. He was later produced to Buganda Road court.

He is the second journalist from Northern Uganda to be charged with treason after Mega FM’s Otim Patrick who was kidnapped in a similar way and is currently languishing in Luzira prison. Hearing of his case including 13 other suspects commenced at the High Court in Kampala on Monday 13^th of February and is expected to last a fortnight.

Okello was charged with treason on 1st/Aug/2011 without a charge sheet and the defense lawyers are still struggling to access the prosecution file. He was committed to trial in the High Court on 6th January 2012.HRNJ-Uganda made a futile attempt in October 2011 through its Lawyer Duncan Ondimu to secure Okello bail. This is the second attempt.

“These long pre-trial detentions are indeed becoming a very big challenge to expeditious justice for the suspects. The investigative bodies should do their work in order to ensure that justice is delivered on time. Otherwise it appears that there is no willingness on the part of the state to hurriedly deliver justice to the suspects.” said HRNJ-Uganda Programme Coordinator Geoffrey Wokulira Ssebaggala.

For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

COURT ADJOURNS MONITOR SCRIBES CRIMINAL LIBEL CASE TO JUNE

Kampala, 16th/February/2012; A magistrate court in Makindye hearing a criminal libel case against two Daily Monitor journalists has adjourned the case to June 25th 2012. Henry Ochieng the Daily Monitor political editor and Angelo Izama a senior writer and consultant are accused of defaming President Museveni.

Prosecution alleges that the two journalists on December 20, 2009 unlawfully published a defamatory matter in an article that appeared in the Sunday Monitor titled: "Will the people's power defeat President Museveni in the poll?"

The article in question discussed the risk of political violence during 2011 general elections. But the Core to the case are allegations that the article compared President Museveni's regime to that of Philippines dictator Ferdinand Marcos who was deposed in 1986 just a few months before Museveni came to power.

Izama was arrested and questioned about the column on December 22, 2009 and subsequently told to report to the police “media crimes” division at least once a week. Ochieng was first summoned on January 11, 2010. Both journalists spent two hours at the media crimes division before being driven to court in a police vehicle.

The duo denied the case and was released on bail of 100,000 Ugandan shillings (US$50). The case has been on mention stage since the journalists were charged on February 3, 2010. This is their tenth court appearance. Izama and Ochieng are among several Monitor journalists facing criminal charges in connection with their coverage.

Criminal libel is one of several Ugandan penal code statutes whose constitutionality is being challenged in the Supreme Court. The courts have always postponed action in such cases pending the Court decision.

Four journalists; Joachim Buwembo, Bernard Tabaire, Robert Mukasa and Emmanuel Davies Gyezaho, after being dissatisfied with the Constitutional Court ruling that upheld the offense of criminal libel, lodged an appeal in the Supreme Court arguing that criminal libel infringes on media freedom which is their fundamental right enshrined in the constitution. However, the court lacks the quorum to hear this particular petition and cases.

HRNJ-Uganda is concerned about the increasing number of journalists who are perpetually kept in court for many years on numerous charges. We call for their expeditious trial in the interest the media work.” Said the HRNJ-Uganda Programme Coordinator, Wokulira Ssebaggala.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

COURT RULES AGAINST PATRICK OTIM AND 13 OTHER TREASON SUSPECTS.

Kampala, 15th/February/2012; Otim Patrick, a journalist with Mega FM in Gulu and 13 others treason suspects have lost an application to quash their trial on grounds that the government they purportedly planned to overthrow expired last year.

Justice David Wangutusi of the High Court ruled that as a general principal there was no limitation period within which a state can prosecute criminal proceeding given the fact that treason is committed to a state and not government.

“Just like a man who commits murder is not left scot free because his victim is no more… In treason cases, just because government has changed or has ceased to be in power, the crime does not die with it. So treason is committed to the state not government and the state is the one that prosecutes.” ruled Wangutusi.
The suspects’ defense lawyers Ladislaus Rwakafuzi, Yunus Kasirivu, Musa Ssembajja, Rashid Babu, Sauda Nsereko and Darlton Opwonya had raised a preliminary point of law when they submitted that the charges against the accused are not sustainable since the government they purportedly plotted to overthrow expired in 2011.

Justice Wangutusi said in his ruling that, “When one talks of treason, he/she is talking about offence against the state, therefore it’s not misnomer to refer to organs of government instead of organs of state.”
The accused are journalist Patrick Otim, Patrick Komaketch, Alex Okot Langwen, John Otim, Patrick Okello, Jimmy Oceng Opoka aka Billy, Francis Akena, Franki Abonga, Micheal Obol, Alfred Lubel Olanya, Lt. Emmy Oryem Mwaka and Sgt. Devolente Komakech. They are also charged with treason and concealment of treason in the alternative.

Patrick Otim was kidnapped in 2009 and detained incommunicado for more than a month and he was brought to court through the habeas corpus filled by Human Rights Network for Journalists-Uganda (HRNJ-Uganda).

Prosecution alleges that the suspects committed the offence between 2006 and May 2009 in eight districts of Kampala, Masindi, Gulu, Pader, Kitgum, Nebbi, Apac and Amuru when they formed a rebel group called the Popular Patriotic Front (PPF) and recruited people to fight and overthrow President Yoweri Museveni’s government. It further alleges that they mobilized logistical support for the rebellion by obtaining satellite phones, Global Positioning System (GPS) machines, solar panels, black polythene sheets, gumboots, laptops, walkie talkies and firearms.

“We welcome the move by the court to expedite justice because the suspects have overstayed in prison. As a human rights body, HRNJ-Uganda does not condone any act violence.” Said the HRNJ-Uganda Program Coordinator Wokulira Ssebaggala.
Hearing of the case has started at the High Court in Kampala and will go on daily.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

WE DEMAND FOR INVESTIGATION INTO JUSTICE FAITH MWONDA’S CONDUCT.

Entebe, 14th/Feb/2012; Human Rights Network for Journalists-Uganda (HRNJ-Uganda) is
dismayed by the conduct of Justice Faith Mwonda of blocking the media from covering open
court proceedings that she presides over.

Center is the HRNJ-Uganda board chairman Mr.Mulindwa Mukasa addressing the Press Conference Right is HRNJ-Uganda Lawyer Ms.Anite Catherine as Okech Henry one of the victims looks on 

On Friday, 10th/Feb/2012, Four journalists were blocked from covering court proceedings presided over by Justice Faith Mwonda in the High Court of Entebe where a High Court Circuit was set up to handle a backlog of cases and expedite the disposal of pending matters including aggravated robbery, murder, defilement and rape.

The victims include Yasin kintu of the New Vision group, Tony Muyanja of Red Pepper, Henry Oketch of Radio Simba and Kikongo Ssebalamu of Vision Group working for Bukkedde TV and paper.

It started when during a court process, a police officer of the VPPU status approached Kintu and Muyanja in court from where they were seated and taking their notes, asked if they were journalists, and when they answered in the affirmative, they were called outside to identify themselves, which they did only to be told that they were not free to go back since they had not sought for justice Mwonda’s permission to be in court. They were blocked from re-entering the courtroom. The police officers said they were acting on the orders of Justice Faith Mwonda.

Henry Oketch and Kigongo Ssebalamu were blocked right at the court entrance by the two police officers including one Zziwa with a police number 32916. Zziwa pushed Ssebalamu downstairs from the second floor. The journalists insisted on knowing why they were being blocked from covering an open court session, but the police officers maintained that they were not allowed to cover the court proceedings. A scuffle ensued until an office assistant and another person from the court came and told them to enter but without the cameras.

When Ssebalamu insisted on filming the proceedings, he was arrested by two police officers who took him along with Oketch to Entebe police, and presented them to the DPC of Entebe, Edgar Nyabongo. Nyabongo said he was acting on the orders of Justice Faith Mwonda to charge the two with contempt of court. He charged them and cautioned them never to go back to Mwonda’s court sessions with a camera. He released them shortly after. The scuffle was filmed as it unfolded.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) talked to all the four victims. They gave individual accounts of what happened. Two of them; Yasin Kintu and Henry Oketch addressed a press conference organized by HRNJ-Uganda in Kampala and narrated their ordeal. They said they are scared of going back to court sessions presided over by Justice Faith Mwonda for fear of the repercussions.
The DPC, Nyabongo told HRNJ-Uganda that he was acting on orders of Mwonda. “They were cautioned over contempt of court. You know the judge has powers to allow in cameras or not. I was not in court, so for details you call Justice Mwonda.”

Justice Mwonda is no stranger to such controversy. Journalists in Entebe said that they suffered the same wrath last year still at the hands of Justice Mwonda when she threw them out for no good reason.
In a similar manner, while presiding over a High Court session in Jinja, She sent away reporters from covering the proceedings, saying she did not need that form of publicity. The Daily Monitor quoted her as having told off journalists who went to her office to find out why the policemen had stopped them from covering the court proceedings.

“You people I understand you are from the media, why are you following me. I come to court to work and I don’t work through the press; I don’t need publicity… You should first study judges who want cameras. Go away until my session is over.” She has not dismissed this fact.

A Red Pepper journalist Tom Kalamula told HRNJ-Uganda that Justice Mwonda had suspended him and the Red Pepper from covering court proceedings in Nakawa Court.

The same judge, while still the Inspector General of Government (IGG) caused the arrest of a Daily Monitor photo Journalist, Stephen Otage on July 21st for photographing her outside the court house-which is a public place whose case failed to graduate to court level.

She also took a criminal libel law suit against four Daily Monitor journalists including Emmanuel Gyezaho, Robert Kalumba, Bana Tabaire and Joachim Buwembo for raising questions about her double salary in 2007. These journalists have since challenged the libel law in the Supreme Court, which has not yet been decided.

“We are greatly concerned about this conduct by Justice Mwonda in taking it upon herself to systematically block the eyes and ears of the public under unclear circumstances. This conduct is an insult to the media and it greatly impedes on our work.” said HRNJ-Uganda Board Chairperson, Mulindwa Mukasa.

HRNJ-Uganda has therefore decided to petition the Judicial Service Commission, the Principal Judge, and the Chief Justice among others demanding for investigation into this matter and a most appropriate action be taken to restrain her from infringing on journalists’ rights and freedoms.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

PATRICK OTIM AND 13 OTHER SUSPECTS DENY TREASON CHARGES.

Kampala, 14^th/February/2012; A treason case against Otim Patrick, a journalist with Mega FM in Gulu and 13 others hangs in balance following their lawyers protesting against the trial saying it expired in May last year after the general elections in February and consequent swearing in of a new government in May.

The defense lawyers representing the 14 including Ladislaus Rwakafuzi, Yunus Kasirivu, Musa Ssembajja, Rashid Babu, Sauda Nsereko and Darlton Opwonya raised a preliminary point of law when they submitted that the charges against the accused are not sustainable since the government they purportedly plotted to overthrow expired in 2011.

The accused are journalist Patrick Otim, Patrick Komaketch, Alex Okot langwen, John Otim, Patrick Okello, Alfred Lubel Olanya, Jimmy Oceng Opoka aka Billy, Francis Akena, Franki Abonga, Micheal Obol, Lt. Emmy Oryem Mwaka and Sgt. Devolente Komakech. They are also charged with treason and concealment of treason in the alternative.

They appeared for trial at the High Court in Kampala Presided over by Justice David Wangutusi, and all denied the charges.

Prosecution alleges that the suspects committed the offence between 2006 and May 2009 in eight districts of Kampala, Masindi, Gulu, Pader, Kitgum, Nebbi, Apac and Amuru when they formed a rebel group called the Popular Patriotic Front (PPF) and recruited people to fight and overthrow President Yoweri Museveni’s government. It further alleges that they mobilized logistical support for the rebellion by obtaining satellite phones, Global Positioning System (GPS) machines, solar panels, black polythene sheets, gumboots, laptops, walkie talkies and firearms.

The summary of the case and the indictment were too ambiguous because they did not specify the dates and venues on which the accused persons committed the alleged offences.

The state withdrew its charges from Kidega Patrick and Okello Phillip who were beneficiaries of the Amnesty Commission.

The ruling on this objection is set to be delivered on the 15^th of February at the High Court in Kampala.

“The journalist Patirck Otim and the others deserve a fair hearing. They have been on remand since 2009 therefore; we hope that justice will be delivered to them with no further delays” Said the HRNJ-Uganda Programme Coordinator Wokulira Ssebaggala.

For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

COURT HAS STAYED HEARING OF CRIMINAL LIBEL CASE AGAINST KARYEGIRA.

Kampala, 10^th/February/2012; The Uganda Record  Managing editor, Timothy Kalyegira’s has asked the High Court to interpret the law under which the state is trying him with criminal libel.

Through the Human Rights Network for Journalists-Uganda (HRNJ-Uganda), Ladislaus Rwakafuzi, Kalyegira’s lawyer argued that the law in Uganda does not address online publication. Under Section 179 of the Penal Code Act, the word publish could mean an effigy, cartoon, or written word on actual paper.

Therefore, publishing online is not envisaged under this law because it is not physical. The publication brought to court was not printed by the accused but rather by the complainant which is the state. It is not enough to say “you published,” argued Rwakafuzi.

Pursuant to the Magistrates Courts Act section 206, Rwakafuzi prayed that a question of law be reserved for interpretation of the High Court. Article 28 (12) of the Constitution stipulates that no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law. Under the current law, publishing online cannot amount to criminal libel within the prescribed section.

A question was therefore reserved for the High Court to answer whether publishing online can constitute a commission of an offence under section 179 of the penal code act. Therefore the proceedings at the City Hall Magistrates Court have been stayed pending the decision of the High Court in order to ensure that the accused is entitled to a fair hearing and this entails him fully understanding the nature of the offence and the charges preferred against him.

The State accuses Karyegira of writing defamatory materials against the President on his online Uganda Record when he attributed the July 10^th, 2010 twin bombs in Kampala to the Ugandan security system. The government had blamed the attacks on the Al-Shabaab, a terrorist organization attached to Al-Qaeda.

Karyegira is required to report to this Court every last Friday of the month for purposes of mention.

“HRNJ-Uganda is concerned about the nature of this case since it is not provided for in the current framework. It’s a ploy to keep all critical journalists at bay by having many cases brought against them. It is our prayer that this case is thrown out since it has no legal entity in our laws,” said the HRNJ-Uganda Programme Coordinator Wokulira Ssebaggala.

 For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

HUMAN RIGHTS BODY STARTS HEARING JOURNALISTS CASE OF ATTACK BY BLACK MAMBAS

Kampala, 08^th/Feb/2012; The Uganda Human Rights Commission has started hearing of a case filed by journalists five years ago. Human Rights Network for Journalists-Uganda (HRNJ-Uganda) petitioned the Uganda Human Rights Commission alleging violations of freedoms and rights by security operatives during the infamous High Court siege in a scuffle to re-arrest the People’s Redemption Army (PRA) suspects on 1^st March 2007.

The journalists including the HRNJ-Uganda Programme Coordinator, Geoffrey Wokulira Ssebaggala, Sam Kayiwa a journalist with Power FM and Robert Ssempala the former HRNJ-Uganda board chairperson accused the security personnel including the army, black mambas and the police of beatings, harassment, confiscation of journalistic equipment like recorders, phones and cameras, and release of dogs on them while covering the event. They were forcefully evicted from the court premises and restricted from filming or recording the proceedings at court.

The hearing was presided over by Commissioner Fauzat Mariam Wangadia. This follows an earlier hearing which failed to take off on the 9^th/December/2011 under unclear circumstances.

The State attorney Daniel Gantugo denied liability and raised a preliminary objection, praying for a dismissal of the case on grounds that HRNJ-Uganda, the complainant failed to state that it was bringing the action on behalf of a stated number of persons named in the complaint, and that the organization has no cause of action against the Attorney General since the violations were never committed against HRNJ-Uganda.

HRNJ-Uganda lawyer Catherine Anite argued that the case on violations against these journalists is sustainable since it was tabled before the commission by a duly registered organization under Article 50(2) of the Constitution, and that it was upon the Commission to carry out thorough investigations as mandated by the Constitution and advise the complainants accordingly. She contended that substantive justice should be administered without undue regard to technicalities.

Commissioner Wangadia adjourned the hearing and a ruling on the state’s preliminary objection will be delivered on notice.

“This is justice long overdue. We pray that this matter be handled justly and expeditiously “Said the HRNJ-Uganda Programme coordinator Wokulira Ssebaggala.

For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

HRNJ-UGANDA 2011 REPORT: MEDIA FREEDOM IN UGANDA IS SHRINKING AND SINKING

Kampala, 08th/Feb/2012; A Press Freedom Index Report released by the Human Rights Network for Journalists-Uganda (HRNJ-UGANDA) has indicated that the space of the media in
Uganda is rapidly shrinking and sinking due to increasing levels of attacks by
especially the police

Left Mr.Mukasa Mulindwa HRNJ-Uganda Board Chairman looks on as Mr.Haruna Kanabi the executive secretary independent media council of Uganda launching the Press Freedom Index Annual report 

Mr Haruna Kanabi Handing over the PFI  Annual report to a representative from European Union

Mr.Haruna Kanabi handing over the PFI  Annual report to Mr.Richard Mugisha a representative from OSIEA

Mr.Haruna Kanibi handing over the PFI  Annual Report to the representative from police

Mr.Haruna Kanibi handling over the PFI Annual report to a representative from UHRC

Mr.Mulindwa Mukasa the HRNJ-Uganda Board Chairman addressing members present for the launch of PFI report

The report released in Kampala documented 107 cases of attacks on journalists in 2011
compared to 58 in 2010 and 38 in 2009 respectively. The attacks range from shootings, physical attacks, unlawful arrest and detention, incarceration of journalists, denying access to news scenes, confiscation of equipment, defective and tramped up charges, to verbal threats. The abuses happened countrywide under different commands from within the security.

The period under review witnessed a journalist and a book author/writer being held incommunicado, three journalists who were shot while covering news events including Hasfa Nakyanzi a reporter with Top TV, Christine Nabatanzi a reporter with Radio Simba and Capital FM/ Beat FM reporter Gideon Tugume.

“Press freedom and freedom of expression in Uganda remain elusive to many journalists seeking to enjoy these freedoms in their course of work and citizens who want to express themselves. Frequently, journalists are being attacked, injured, and threatened and their property vandalized by the institutions that are mandated to guarantee enjoyment of these freedoms and protecting them and these institutions are headed by trained lawyers. These constant attacks on journalists and citizens do not only contravene the Constitution of Uganda but the regional and international conventions that Uganda has ratified” Noted Programmes Coordinator HRNJ-UGANDA Geoffrey Wokulira Ssebaggala
This is the 3rd time HRNJ-UGANDA is releasing an annual assessment of press freedom in Uganda based on the investigations, analysis and documentation of complaints received from different parts of the country.

The report accuses the police and other security agencies of confiscating still and video cameras from journalist. Between April and May ten cameras were confiscated by security operatives as journalist covered the walk to work campaign. This trend indicates a systematic and calculated move by Police and other agencies to obstruct journalists from executing their duties.

HRNJ-UGANDA notes a high degree of impunity by the law enforcement agencies and other
institutions to pursue the perpetrators in spite of concerted efforts to engage
them.

In the course of 2011, newspapers were raided and broken into, but there were no
serious investigations by the Police to establish who the culprits are. Police stormed media houses searching for alleged subversive materials. As a result, landlords, suppliers and printers of newspapers considered anti-government felt intimidated and threatened to abandon the targeted media houses. This conduct has led to temporary closure and ceasing of publication of newspapers.

By the end of 2011, about 30 journalists had pending charges against them. Only Daniel Kalinaki and Henry Ochieng, both editors at the Monitor Publications only recently had their cases disposed of while the majority continues to have pending cases against them. The principle of natural justice demands that justice must be speedy and be seen to be done. This has continued to elude journalists in Uganda.

The media legal policies still pose a danger to the enjoyment of the freedom of expression and the press. Efforts from government to bring into conformity the existing media legislation with the Constitution of Uganda and International standards are non-existent. Unfortunately, proposals are being made to introduce measures that undermine the enjoyment of press freedom.

Sadly, there is glaring silence from the statutory bodies that should be on the forefront of protecting and defending media freedoms.  It is a matter of concern that the Uganda Human Rights Commission has not taken initiative to independently investigate and expose these abuses.

This statutory body has had over 25 cases brought to its attention by journalists, but none of them has been fully investigated and brought to a logical conclusion. Some cases date back as far as 2007.

HRNJ-UGANDA is convinced that the current situation requires a concerted effort from the stakeholders especially the international community to play a pivotal role in reminding the government of Uganda its obligation to respect and promote press freedom and freedom of expression as a way of rescuing it from sinking further.

We once again call upon the government of Uganda to admit the United Nations Special Rapporteur of freedom of expression and information who has written twice seeking to visit Uganda.

To view the report go to: http://hrnjuganda.org/ Press_Freedom_Index_Annual_report_201112.pdf

 For More Information Contact;
 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
 Kivebulaya Road  Mengo Kampala Opp. St. Marcelino Pre. School
 P.O.BOX.71314 Clock Tower Kampala,Uganda
 Tel:+256-414-272934 / +256-414-667627
 E-mail:news@hrnjuganda.org
             humanrajournalists@yahoo.co.uk
 Website:www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

COURT ACQUITS DAILY MONITOR EDITORS.

Kampala, 07^th/Feb/2012; Court in Kampala has thrown out a case of forgery against the Daily Monitor Managing Editors, Daniel Kalinaki and the political editor Henry Ochieng, on grounds that the prosecution failed to adduce sufficient evidence to sustain the charge.

“Clearly the accused were charged in court for publishing misquotations, and from the foregoing, I therefore uphold the submission of no case to answer and I dismiss the charge of forgery and acquit Accused 1 (Daniel Kalinaki),” ruled Joyce Kavuma.

She contended that prosecution had not adduced satisfactory evidence to prove that Henry Ochieng had a case to answer.

“I dismiss the case against Accused 2 (Henry Ochieng) and I acquit him …he can not be said to have forged Monitor newspapers… Since he had authority to publish the newspaper…” Kavuma ruled adding that court should refund Kalinaki and Ocheing’s money they paid for bail.

It has been over two years since the two editors were arrested and charged with forgery -the first journalists in the history of Ugandan media to be charged with forgery.

The prosecution led by Samali Wakholi had alleged that the duo, between July 31, 2009 and August 2nd 2009 at the Monitor publication offices in Kampala, despite publishing the correct content of the letter on the newspaper website on July 31, subsequently forged the same letter by way of introducing alterations in the Sunday Monitor of August 2nd, 2009 titled; ‘Museveni’s letter on Bunyoro land question’. The editors denied the allegations.

In the said letter, President Museveni, in a bid to calm down the tensions between the
locals in Bunyoro, was proposing that elective positions be ring-fenced for natives that
are out-numbered by the majority immigrants.

“We welcome the court’s ruling. This case was indicative of the state’s interest to frustrate the critical media by dragging them to court in such unsustainable cases. The state should realize the need for a free media in a democratic society and desist from criminalizing the work of journalists in Uganda,” said the HRNJ-Uganda Programme Coordinator Wokulira Ssebaggala.

Kalinaki feared that the state would bring up new charges against critical and investigative journalists, “Dear colleagues thank you for the support. But I am worried that since they have lost this battle, they will soon institute others charges to perpetually keep some of us in court.” He said soon after being acquitted.

For More Information Contact;

Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School

P.O.BOX. 71314 Clock Tower Kampala

Tel: +256-414-272934 / +256-414-667627

E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

Website: www.hrnjuganda.org

BLOG: http://hrnjuganda.blogpost.com