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