10th
July 2014
Press Statement:
For Immediate Release
‘JOURNALIST DRAGS SENIOR POLICE
COMMANDER/ OFFICER TO COURT OVER ASSAULT.’
It is against this
background therefore, that HRNJ-Uganda in collaboration with the Centre for
Public Interest Law (CEPIL) and Eastern Africa Media Institute Uganda Chapter
(EAMI-U) –also otherwise known as the partnership for a free press and
independent media, have resolved to drag to court the Wandegeya District Police
Commander (DPC), Mr Tusingwire Ceaser, as the first culprit for harassing and
mistreating a journalist, Mr. Mulindwa Mukasa of the Associated Press and Board
Chairman of HRNJ-Uganda.
On May 20th
2014, Mulindwa Mukasa, with support from the
partners for a free press and independent media sued Tusingwire Ceaser
at the High Court of Uganda for violating Mulindwa’s constitutional rights,
while Tusingwire was purporting to be executing his police duties of law enforcement.
Through his lawyers
from the Centre for Legal Aid, Mulindwa argues that on November 24th,
2013 (When a Top Radio journalist, Kamagu was arrested), Tusingwire infringed
or threatened his rights as enshrined in Articles 23(1), 24, 26(2), 27, 29(1)(a), and
(2)(a), 40(2), and 44(a) of the Uganda
Constitution when he ordered his officers to slap, unlawfully search, assault
and confiscate his gadget he used to take a photo of police officers
manhandling another journalist, William Ntege aka Kyumakyayesu at Wandegeya
police station.
Mulindwa further
argues that he was arbitrarily, unreasonably and unlawfully disrupted,
restricted, arrested and his material deleted from his gadget by police
officers acting on the orders of Tusingwire.
ACTION
POINTS:
In his prayers,
Mulindwa wants the Court to dismiss Mr. Tusiingwire Ceaser from the Uganda
Police Force, or declare him unfit to remain in Uganda Police Force, or to
serve the Government of Uganda in any official capacity specified under the
Leadership Code Act, 2002. In the alternative, Mulindwa wants the court to
direct the relevant agencies of Government to take swift and severe
disciplinary action against him.
This case seeks to
reverse the rising tide of intolerance against the media and protect journalists
against mistreatment and violations of their rights while on duty by law
enforcement officers and other public officials. This serves to send a strong
message that any person, whether in the security agency or public office that
arbitrarily interferes with the work of journalists will be targeted
individually and held accountable.
Given the
deteriorating media working environment in Uganda, HRNJ-Uganda, CEPIL and
EAMI-U have undertaken to offer joint support to journalists whose rights have
been infringed upon or threatened by the public and law enforcements officers
like police, soldiers, security guards and Resident District Commissioners
(RDCs) among others by holding the perpatrators individually liable for their
unprofessional conduct. This form of support will be extended to all media
houses that are arbitrarily interfered with by public officials and
institutions.
We call upon all
journalists and media houses that have been subjected to abuse by public
officials acting outside their lawful mandate to come forward with their
complaints so that the culprits are pursued and held responsible for their
professional misconduct and unlawful acts.
In the same vein,
HRNJ-Uganda, with its two partners has filed a petition in the Constitutional
court seeking the nullification of the Press and Journalists Act of 2000
because it is unconstitutional and curtails press freedom guaranteed in the
Constitution of Uganda.
Together
in pursuit of Freedom of the media and speech in Uganda
ROBERT SEMPALA
National Coordinator- HRNJ-Uganda
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