Journalist being tried under a ghost charge

11^th/Nov/2011; Hearing of a case in which Uganda Record Managing Editor Timothy Kalyegira is accused of non-existing charges has kicked off with one witness taking a stand.

Kalyegira who has been under police harassment since Aug 3^rd 2010 is being tried at Kampala City hall Grade One magistrate court.

Since August 2010, Kalyegira has reported on bond at Kira road police station for more than 18 times.  Human Rights Network for Journalists-Uganda (HRNJ-Uganda) complained to relevant authorities which resulted into the file to be rushed to court.

Although the sedition charge which was preferred against Kalyegira earlier in 2010 and dropped but the content of the same offence is being maintained on the charge sheet including the “defaming the person of the president’.

Kira road police station CID chief Haguma Prima was the first witness to take stand on November 7^th 2011. As an investigating police officer, she did not state the offence Kalyegira committed rather narrated processes the accused underwent after the arrest including the house search.

She narrated that during interrogation the accused denied ownership of the website and the existence of the documents. That after the interrogation the accused was granted police bond and told to report the next day on the 4^th of August for further questioning.

“The accused did report on the 4^th wherein a search team proceeded to his home, in his presence and recovered exhibits which included 2 passports (B226638 and B0549160), a laptop and its power supply, a Warid internet modem, a Nokia mobile phone, a Warid Sim-card, 2 magazines (Uganda news records) and 2 letters in respect of the monitor dated 14^th and 15^th April 1994” said Haguma.

She added that all items were then marked and taken to the exhibit store with the exception of the laptop which was taken to the Police Information Department for expert analysis. The password for the laptop was obtained from the accused but access to his personal emails was impossible because police failed to hack in.

However, Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has discovered that there’s no stated charge against Kalyegira on the charge sheet which is before court.

One Atwine Innocent a complainant in this case, at one point in the statement accuses Kalyegira of publishing a magazine and later changes saying he (Kalyegira) printed on the website www.ugrecords.org materials found to be defamatory in nature.

The defence lawyer Ladislaus Rwakafuuzi challenged the trial of his client saying the charge sheet does not enunciate what exactly the accused did that defamed the person of the president.

“It’s very hard for the accused to defend himself when he does not know what he is said to have done. Prosecution witness 1 (PW1) used words like print, publish but she was not clear about what exactly the accused printed and published. In one statement, she said it’s the complainant who printed the documents and in another breath, she said that it is the accused who printed. These inconsistencies are confusing” Said Rwakafuuzi.

He asked court that the charges be dismissed for ambiguity or in the alternative, be amended to include what exactly the accused is said to have done.

Court fixed November 16^th 2011 as a date to decide whether or not there is a case to be answer by the accused.

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

Campaigns and Advocacy - Africa

8 November 2011

ACHPR urged to endorse African Platform on Access to Information declaration

SOURCE: Media Institute of Southern Africa

(MISA/IFEX) - November 3, 2011 - The 30th Anniversary of the African Charter on Human and Peoples' Rights, which was celebrated at the 50th session of the African Commission on Human and Peoples' Rights (ACHPR), saw the African Platform on Access to Information take the campaign a step further, calling upon the Commission to endorse the African Platform on Access to Information (APAI) declaration and September 28th as International Right to Know day.

Events preceding the session included the NGO forum organised by the African Centre for Democracy and Human Rights' Studies. Hundreds of civil society organisations attended the forum, where participants recommended a number of resolutions to be adopted by the commission. Amongst the resolutions, the forum called upon the Commission to recognise September 28th as International Right to Know day, as well as a call for an expansion of article IV of the Declaration of Principles of Expression in Africa to incorporate the principles of the APAI Declaration.

During the Session, which commenced on October 24th, a number of side events were organised, amongst which the APAI hosted a well attended side event which explained the practical importance of the APAI declaration, as well as how participants could further the campaign on a national level. The event was followed by a signatory event, with a number of organisations joining the hundreds of organisations from across the continent who have already pledged their support for the campaign.

The main purpose of the trip to Banjul was to place the declaration on the policy platform of the commission. On October 29th, a submission was made to the Human Rights Commission on behalf of the nine-member APAI working group. The submission reminded the commission that to date only ten countries have adopted access to information laws, despite the fact that many countries have joined the Extractive Industries Transparency Initiative, the International Aid Transparency Initiative and the Open Government Partnership.

In light of this, the group called upon the ACHPR to:

"Pass a resolution authorising the ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa to expand Part IV of the Declaration of Freedom of Expression in Africa to include principles of the APAI Declaration.

Pass a resolution requesting the AU Heads of State Summit of January 2012 to adopt September 28 as an International Right to Information day.

Urge AU member states to adopt and implement national Access to Information laws that comply with the APAI Declaration and the model law on ATI developed by the Special Rapporteur on Freedom of Expression and Information in Africa.

Pass a resolution requesting the African Union Summit of January 2012 to initiate an Experts meeting to develop a continental wide instrument on the right of Access to Information."

This event is yet another important step in advancing the promotion of access to information as a human right throughout the region. The Commission will pass their final resolutions on November 7th, and it is hoped that they will pass a resolution supporting this important initiative.

For more information:
Media Institute of Southern Africa
21 Johann Albrecht Street
Private Bag 13386
Windhoek
Namibia
director (@) misa.org
Phone: +264 61 232975
Fax: +264 61 248016
http://www.misa.org

Journalist arrested and assaulted.

Wakiso, 21^st/Oct/2011; A New Vision journalist has been arrested for accessing Dr. Kiiza Besigye’s residence located at Kasangati, Wakiso district without police permission.

Since Monday the 17^th/ Oct/2011 police has been camping at the residence of the opposition leader and keeping him under house arrest.

Herbert Ssempoogo a senior reporter at the New Vision a government owned paper had been assigned to cover Dr. Besigye’s press conference on 20^th/Oct/2011.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that Ssempoogo was intercepted and arrested few meters away from Dr. Besigye’s gate.

“I was asked by police who had given me permission to access Dr. Besigye’s residence and I told them I was going to cover a press conference and on that note I produced my identity.  A police officer ordered for my arrest and I tried to run away because of fear but they caught up with me and had me arrested” said Ssempoogo.

He said after the arrest he was taken before the commanding officer one Sam Omara (heading police camping at Dr. Besigye’s residence) who slapped me thrice and ordered that I should be handcuffed. He was then ordered to sit on the ground, remove his shoes and later driven to Kasangati police station.

Ssempoogo narrated that upon arriving at Kasangati police station he was ordered to record a statement after which he was released without a charge.

“It’s clear that the police force is holding rights and freedoms of journalists hostage. We wonder where these powers come from because there is no law in Uganda or international treaties that oblige journalists to seek permission from police on matters concerning their work” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala

HRNJ-Uganda condemn such practices in the strongest term possible as we study the law to deal with one Sam Omara

We also call upon the Uganda Human Rights Commission to speed up its investigations into violations committed against journalists during the April Walk to Work.

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

Television reporter injured while covering a demonstration

Wakiso; 20^th/Oct/2011, The NTV reporter Julius Ssenkandwa has been stoned by unidentified person and injured while he was covering the arrest of the opposition leader Dr. Kiiza Besigye by police.

Dr. Besigye the leader of the opposition political party Forum for Democratic Change (FDC) was walking to work in protest of the skyrocketing commodity and fuel prices.

Human Rights and political activists in Uganda launched a second phase of the popular ‘Walk to Work’ on 17^th/October/2011 demanding for government intervention following the first one in April 2011.   

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that police condoned off all roads leading to Dr. Besigye’s residence from Kasangati trading centre, Wakiso district and all journalists who covered the arrest went through bushes to access the scene.

Ssenkandwa told HRNJ-Uganda that he struggled to reach at Kasangati health centre which is three (3) kilometers to Dr. Besigye’s residence. He said he found law enforcement officers including police forcefully arresting the Forum for Democratic Change (FDC) supporters including Dr. Besigye’s aides.

“Police tried to block me from filming the scuffle alleging that the footage aired on our station taints police’s image.  I insisted and moved on with my work but within no minute a stone hit my forehead close to my left eye and sustained a big cut” said Ssenkandwa

He said he rushed to a nearby Kasangati health centre where he received four stitches.

Several FDC supporters were arrested and Dr. Besigye was forced to return to his home where he’s currently under house arrest by police.

“We fear for the safety and security of journalists who cover these demonstrations because they are being targeted by law enforcement officers in a bid to block them from publishing their wrong deeds committed against demonstrators. We wonder what could happen to demonstrators if these violations are committed where there’s no camera” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala

HRNJ-Uganda recalls that during the April 2011Walk to Work demonstration more than 30 journalists were deprived of their rights and freedoms by law enforcement officers.

We demand that all security organs involved in quelling demonstrators to adhere to the principles of keeping law and order.

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

     

Radio station succumb to pressure, suspends a political talks-how

Masindi, 5^th/October/2011; Kitara fm has reportedly suspended its political talk show and replaced it with a sports programme due to pressure from the Resident District Commissioner.

The station’s Director reportedly made the decision after he attended one of the district security meetings in which the issue was discussed.

The suspended talk-show Kikukwasireho meaning ‘What concerns you’ in English has been aired every Sunday between 12:00 and 3:00pm and hosted by Samuel Kajumba aka Lucky Sam.

The talk-show has sparked controversy since September this year and Kajumba has since undergone questioning by various district security officials who have demanded an apology from him.

The problem stem from September 18^th talk-show which accused UPDF soldiers of having used brutal methods while arresting one Roger Musinguzi, a proprietor of a bar in Masindi town.

The Masindi Resident District commissioner Maj. David Matovu has reportedly reiterated the need for Kajumba to apologize to him. Matovu accused Kajumba was misleading the public and causing unnecessary confusion to discredit the otherwise good image of security.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that RDC Matovu is allegedly demanding for an apology directly from the radio whose actions have resulted into the management pressuring Kajumba to do so.

We have also noted that Kajumba was turned away by his bosses on 2^nd/September/2011 when he reported for work.

“When I went to the radio for a talk-show my bosses asked me why I had not yet sent him my apology to the RDC Matovu. He told me not to tempt him to lose his patience” Kajumba said on 5^th/October/11.

He added that he was contemplating to apologize to save his job although he said his conscience was telling him that he is innocent.

When HRNJ-Uganda contacted the Director of Kitara FM Abdu Alifaijo Kiirya he declined to comment on the developments saying he does not discuss station matters outside the radio premises.

“We question RDC Matovu’s interest in the apology. Our fear that such an apology can be used against the radio or presenter for aiding someone to desert the army since the person who was brutally arrested was lined before division court martial, charged with desertion and pleaded guilty” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala

HRNJ-Uganda demands that RDC Matovu should pursue his case in courts of law other than being deceptive to the journalist.

We also call upon the radio management to exercise its independence and professionalism as away to defend its employee.

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