Human Rights Network For Journalists-Uganda

Tuesday, February 28, 2012

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

Friday, February 17, 2012

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

Thursday, February 16, 2012

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

Wednesday, February 15, 2012

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.