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