Friday, March 9, 2007
Wednesday, March 7, 2007
Sample Letters to the Monitor News Editor!
During the last four weeks, we worked with Grade I magistrates from around Uganda. We had the opportunity to conduct a similar training session with High Court judges and registrars in 2005.
We were impressed with each individual’s dedication. We were dismayed to learn of the second assault on the Judiciary. Nonetheless, we applaud the Judiciary’s willingness to stand firm in its protection of the bedrock principles of democracy: the rule of law and the independence of the Judiciary.
We congratulate the Uganda Law Society for its steadfast support of the Judiciary. We hope that this matter will resolve itself quickly.
Prof. Laurel Currie Oates,
Prof. Mimi Samuel,
Seattle, USA
The film, The Last King of Scotland, has in the recent past put Uganda in the international limelight.
It definitely reminds us of Idi Amin, the dictator who ruled Uganda for eight years in the 1970’s. The film has also provided an opportunity for some people to win a lot fame and prestigious awards.
Needless to say a lot of money was invested in the making of the film and, from the attention the film has attracted, it is logical to conclude that the investors must have reaped a lot of profit.
The film is as fascinating as Uganda’s past and present politics. Uganda’s political history and current affairs are awash with events that can make a gold mine for film makers. Examples abound but we can cite a few here to elucidate the point:
The events that followed the return of Dr Kizza Besigye from exile in 2005, particularly his arrest, the trial for rape and treason, the tear gas in Kampala, the Black Mamba siege of the High Court, the trial of PRA suspects in two courts for the same case, the turning of Generals into judges and all related events.
If one good writer gathered detailed information on this subject a good film would be made out of it. The events that unfolded in the 7th Parliament that culminated in the amendment of the constitution to allow Gen. Yoweri Museveni to run for a third term were also full of drama. They reminded me of Hon. Kirunda Kivejinja’s book, “Uganda - Crisis of Confidence”.
If one gathers information concerning the nominations, the campaigns, the tear gas which was used against the opposition, the killings at Mengo, the violence in Bugweri county, the behavour of some Presidential Assistantson election day, the manner in which results were released, the petition against the results and the decision of court in which the judges agreed that the elections were not free and fair but upheld the results.
These and many other political events in Uganda can make our country fertile ground for film makers.
Waiswa Muzawalu,
USA
Independence of Courts
Uganda has to respect independence of court
Stephen Coakley
The International Commission of Jurists (ICJ) calls on the Ugandan authorities to respect the independence of the Judiciary by ceasing the intimidation of judges and lawyers in proceedings related to the trial of Dr Kizza Besigye and twelve co-accused and by immediately complying with the court order to release the twelve co-accused on bail.
The ICJ expresses its deep concern over the deployment on March 1, 2007 of scores of armed police outside the High Court in Kampala as a judge inside considered an application for the bail of twelve men held since November 2005 on charges of treason and conspiracy.
Although the High Court adjourned the hearing of the application to March 7, 2007 and granted bail to the accused, police prevented the men from leaving the court buildings and then re-arrested them. A defence lawyer who was reportedly assaulted by prison guards whilst assisting his client to complete bail papers required hospital treatment.
This is the second time since November 2005 that the government has sought to intimidate judges and lawyers and prevent them carrying out their duties.
The police have ignored the ruling of a judge of the High Court and the twelve co-accused who are now back in prison are being arbitrarily detained.
They must be immediately released on bail as the court has ordered. This episode again seriously undermines the rule of law in Uganda and the constitutional independence of the Judiciary.
The International Covenant on Civil and Political Rights, to which Uganda is a party, obliges States to ensure that criminal trials are fair, including trials that take place before independent and impartial courts.
The UN Basic Principles on the Independence of the Judiciary affirm this principle by emphasising that there shall be no inappropriate interference with a court’s legal authority by the executive branch and that judgements of courts are not subject to revision by the executive.
All twelve accused men were returned to Luzira Prison despite being granted bail, some were forcibly removed from the High Court building. The ICJ is also concerned that three of the accused were held incommunicado for nearly a day after being taken into police custody and were only returned to Luzira prison late on Friday afternoon.
On 16 November 2005 members of a special counter-terrorism security force entered the High Court buildings in Kampala and reportedly prevented 14 of the defendants in the same case from being released on bail as ordered by the court.
The action resulted in the withdrawal of a judge from the case and the frustration of the High Court bail orders.
Statement from the International Commission of Jurists issued March 4, 2007.
Stephen Coakley
The International Commission of Jurists (ICJ) calls on the Ugandan authorities to respect the independence of the Judiciary by ceasing the intimidation of judges and lawyers in proceedings related to the trial of Dr Kizza Besigye and twelve co-accused and by immediately complying with the court order to release the twelve co-accused on bail.
The ICJ expresses its deep concern over the deployment on March 1, 2007 of scores of armed police outside the High Court in Kampala as a judge inside considered an application for the bail of twelve men held since November 2005 on charges of treason and conspiracy.
Although the High Court adjourned the hearing of the application to March 7, 2007 and granted bail to the accused, police prevented the men from leaving the court buildings and then re-arrested them. A defence lawyer who was reportedly assaulted by prison guards whilst assisting his client to complete bail papers required hospital treatment.
This is the second time since November 2005 that the government has sought to intimidate judges and lawyers and prevent them carrying out their duties.
The police have ignored the ruling of a judge of the High Court and the twelve co-accused who are now back in prison are being arbitrarily detained.
They must be immediately released on bail as the court has ordered. This episode again seriously undermines the rule of law in Uganda and the constitutional independence of the Judiciary.
The International Covenant on Civil and Political Rights, to which Uganda is a party, obliges States to ensure that criminal trials are fair, including trials that take place before independent and impartial courts.
The UN Basic Principles on the Independence of the Judiciary affirm this principle by emphasising that there shall be no inappropriate interference with a court’s legal authority by the executive branch and that judgements of courts are not subject to revision by the executive.
All twelve accused men were returned to Luzira Prison despite being granted bail, some were forcibly removed from the High Court building. The ICJ is also concerned that three of the accused were held incommunicado for nearly a day after being taken into police custody and were only returned to Luzira prison late on Friday afternoon.
On 16 November 2005 members of a special counter-terrorism security force entered the High Court buildings in Kampala and reportedly prevented 14 of the defendants in the same case from being released on bail as ordered by the court.
The action resulted in the withdrawal of a judge from the case and the frustration of the High Court bail orders.
Statement from the International Commission of Jurists issued March 4, 2007.
Monday, March 5, 2007
Day of Reckoning is Looming
By Beti Olive Kamya-Turwomwe
It took the “sacrificial” blood of an officer of court, Counsel Kiyemba Mutale, on the Chief Justice’s table, for the Judiciary to admit that they are under siege and that their rulings are conditional to the Executive’s approval.
Perhaps the Judiciary’s belated acknowledgement was a blessing in disguise, otherwise many people would not believe the extent to which this government will go to keep power, not even blood in court will deter them!
I will not dignify government’s response to the Judiciary’s call for assurance that the March 1 High Court thriller will not be repeated, with a response, but I will address myself directly to the likes of Dr Ruhakana Rugunda, the Minister for Internal Affairs, for allowing themselves to be used.
In days gone-by, gray-haired people such as Rugunda would be the fountain of honour, points of reference, cellars of wisdom. Moreover, while tribes like Baganda are said to be diplomatic, smooth, sly and unpredictable, Bakiga are said to be persons of great honour, straightforward, incorruptible and fearless people who will call a spade a spade. What happened to Dr Rugunda? His press statement was most unconvincing.
Does he remember how he never struggled to convince people back in the 80s, and how he was applauded for whatever he said? What is in it for him now that he should struggle so hard to be convincing? Listen to the public, good doctor, on all the media, in bars, churches and private homes. No one is listening to you, you are isolated and on the defensive.
People’s Redemption Army (PRA) maybe a reality and the PRA suspects maybe guilty, as the Executive arm of government has already convicted them, but why is it such an uphill task to get the people on your side of the argument?
And do you think that when you hang the PRA suspects, you will have solved Uganda’s problems and there will be no more insurgency and resistance? You might not know it, but legitimacy is derived from the people, not from the books of law and least of all from the rulers that you have become? Ask yourself why acts you may condemn as unlawful may find legitimacy with the people.
Do you remember the days when you were on the wrong side of the law but on the right side of the people - how they hid you, fed you, defended you, died for you, applauded you and welcomed you at the then City Square in numbers that are yet to be seen in Uganda’s history? How come it was all right then for the crowds to block the Kampala business centre, but not ok for them to assemble there now?
What is in it for Commissioner General of Prisons, Dr John Byabashaija, that a man of your calibre should defy High Court orders on the incredible ground that your orders are from the army? You will evoke “collective responsibility” but was Mr Yoweri Museveni not bound by collective responsibility back in 1980 as Vice Chairperson of the Military Commission, when he broke ranks and went to the bush? Who took the people’s hearts?
Was it Dr Apollo Milton Obote (RIP) in State House, with a national army and superior weapons or Museveni in the bush with a rag-tag guerilla group? Is it possible that power corrupts so absolutely that the Rugundas could have forgotten all this?
President Museveni’s government must be warned that this is a war they are not going to win because it is a war against (the Constitution of) the people of Uganda. It is like a war against the Bible or Koran. You may threaten the people with your gunships, black mambas, safe houses and your personal-to-holder-laws, but the people fight with their spirit - and they always win!
But why should good men like Dr Rugunda allow themselves to go down with a bad government? For a job? Didn’t Gerald Sendaula, Kisamba Mugerwa, Victoria Sekitooleko, Kizza Besigye, Bidandi Ssali, Miriam Matembe, Tom Butime, Henry Tumukunde, Mugisha Muntu and yours truly give up their jobs?
To all public officers who execute unlawful orders on the pretext of following orders from superiors, I wish to remind them of the Nuremberg Trials of 1945, where it was ruled that “following superior’s orders is not a defence for charges of unlawful conduct”.
I therefore strongly advise them that it is their duty as citizens to refuse to execute unlawful orders, because when the day of reckoning comes, as it surely will, now that a group of lawyers have decided to take individual perpetrators of human rights abuse in Uganda before the International Court of Justice (ICJ), there will be nowhere to hide!
The writer is MP, Rubaga North and FDC member.
Letter to a Kampala Friend
By Munini K. Mulera
Abandon the illusion, democracy is dying
March 5,2007
Dear Tingasiga: Ugandans face a decision of awful moment. They must choose between democracy and dictatorship. The illusion that Uganda is a democracy vanishes when one reflects on the state of its five pillars, namely, the citizens, the news media, parliament, the executive and the judiciary.
Citizens have been beaten into fearful submission. Yes, there is an illusion of relative freedom of speech and the people participate in periodic farcical elections. Yet if you listen carefully, you hear a very loud silence across the land, where people gladly whisper their disgust in private, but live in mortal fear of the state.
Fear for future
They fear loss of jobs and other crumbs that fall from the high table of the land. They fear the wrath of Gen. Yoweri T. Museveni’s armed courtiers who have repeatedly unleashed vicious dogs, tear gas and lethal ammunition upon citizens in a show of force that is designed to remind them who is boss.
They fear each other, no longer sure whom to trust, everyone suspecting everyone else of being a state informer, a circumstance that has always worked perfectly in favour of dictatorships. Kitandugaho [don’t quote me] is the motto of the land.
Of course, there are many Ugandans who genuinely support the dictatorship. The groceries are flowing their way, the illusion of kasita twebaka otulo [enjoying peaceful sleep] remains vivid in their imagination, and their shared kinship with the most powerful rulers feeds a bizarre belief that they too are in power.
Some, of course, agree with Gen. Museveni’s actions and policies, while others support the dictatorship because they are too cynical to believe that there is a better alternative. We respect their choice.
Yet shutting their eyes against the painful truth that democracy in Uganda is dead will not alter the fact that democracy is really dead. If you doubt me, Tingasiga, consider the following:
Parliament has been bought with cash in a cynical move designed to neuter MPs, whose role must be to continue to provide the cosmetic appearance of a parliamentary democracy at work.
Not even the MPs from the Forum for Democratic Change [FDC], the main opposition party, could resist the temptation to exchange their freedom and moral authority for a few shillings that they, like the ruling party MPs, are drooling over with deep gratitude to the executive branch.
The executive branch itself was stolen again on February 23, 2006 when Gen. Museveni retained the presidency not by free choice of the citizens. And to erase all doubt, Gen. Museveni, the retired soldier, prefers his military uniform to his Saville Row suits.
The news media, while continuing their valiant struggle for some air, swim in shark infested waters and will soon be drowned by an increasingly intolerant military regime. Ongoing efforts to muzzle Daily Monitor, KfM radio and its sister television network, NTV Uganda, are examples of the regime’s determination to suffocate the freer press.
For their part, many journalists, unwilling to risk loss of their “freedom” or groceries, engage in understandable self-censorship. Others gleefully cheer the assault on their own profession, blinded by short-term interests and transient groceries.
And the single most important pillar of a democratic state, the judiciary, has been desecrated and raped. Last week’s invasion of the court house was the latest of the regime’s acts of complete contempt for the rule of law. It was a clear missive from the president to the people of Uganda telling them the simple truth that the military rules supreme and all else is pretence.
Happily, the judges read and understood Gen. Museveni’s missive. Rather than continue to play along as enablers of the dictatorship, they have laid down their gavels and gowns in an act of defiance that has earned them the respect of freedom lovers around the world.
Their action challenges all Ugandan citizens who desire the rule of law to stand up and be counted on the side of justice and democracy.
Students join struggle
News that Makerere students are laying down their pens in solidarity with the judges and magistrates gives us hope that the younger intellectuals may be ready to answer the call of duty in defence of their freedom.
But it will take more than the noble actions of the judges and the university students to defend freedom and the rule of law. All citizens must make a choice, either to accept military rule and all that it brings, or to join advocates of freedom and the rule of law in a peaceful and non-violent resistance against the military dictatorship.
The time for fence-sitting which has, for far too long, been the refuge of those who have chosen to remain silent in exchange for groceries is long gone. Today it is the High Court under attack. Tomorrow it will be you, Tingasiga.
mkmulera@aol.com
Friday, March 2, 2007
Courts Suspend Work over PRA Suspesct
From Uganda's Independent Monitor Vision Online News
News | March 3, 2007
Judges on strike over court siege
MONITOR TEAM
• Makerere students join fray
• Protect Constitution - Besigye
BBC coverage!
FOR the first time in 44 years since Uganda's attainment of independence, the Judiciary yesterday laid down tools over gross infringement on its independence by the Executive.
"All judicial business for all the courts in Uganda is suspended with effect from March 5, 2007," announced the acting Chief Justice, Ms Laetitia Mukasa Kikonyogo, who addressed the media yesterday at 7:00pm.
The judges cited "The repeated violation of the sanctity of the court premises, disobedience of court orders with impunity and the constant threats and attacks on the safety and independence of the Judiciary and judicial officers."
The declaration was triggered off by the fresh raid of the Kampala High Court premises by the police and military on Thursday to re-arrest the six suspects granted bail by the court.
This was the second raid in less than two years, the first having taken place on November 16, 2005 by the infamous Black Mamba military unit.
Other grounds were: The savage violence exhibited by security personnel within the court premises, the total failure by all organs and agencies of the state to accord to the courts assistance as required to ensure effectiveness of the courts…and the recognition that judicial power is derived from the people, to be exercised by the courts on behalf of the people in conformity with the law, the values, norms and aspiration of the people of Uganda.
They demanded for an apology from the executive for the events, an assurance that the incidents would not be repeated and that the Judiciary would continue to operate as an independent body.
In the whole day crisis meeting, the judges from all courts also agreed that criminal proceedings should be opened up against the security personnel responsible for the raid that caused violence and contempt of court.
Mrs Kikonyogo, said the judges' decision had nothing to do with the re-arrest or re-charging the PRA suspects.
She said judicial officers from the rank of chief magistrate and above would meet on March 9 at the High Court in Kampala to chart the way forward as well as issue a comprehensive statement on the events.
Earlier in the day, FDC leader Kizza Besigye yesterday emerged, at about 2 p.m., from a meeting with party officials and representatives of foreign missions in Uganda to recount what he called "horrific" events on Thursday.
At the FDC Villas in Najjanankumbi, he described the state's refusal to honour bail granted to six PRA treason suspects as "an ongoing expression of the breakdown of the rule of law in this country".
Some FDC MPs and representatives of the British High Commission and the Irish Embassy were in attendance as Dr Besigye told the media that : "We are going to ask the citizens of this country to stand up and challenge the assault…on the constitutional order in this country ".
Col. Kizza Besigye, who is also charged with treason but is out on bail said, "What has been happening confirms that the office of the Director of Public Prosecution has completely been compromised. We surely cannot have a person in this country under the title of DPP." He said that constitutionalism had become "irrelevant and inoperable" in Uganda.
The lay down of tools by the judges follows the defiance of the state on several court rulings involving the PRA suspects.
Justice Ogoola described the 2005 Black Mambas raid as "the ugliest and most lethal of these attacks and "Siege of the High Court".
The incident happened right after Justice Ssempa Lugayizi had granted the then 22 suspects bail. Justice Ogola made the comments during the 2006 Judges Conference.
"The siege constituted a very grave and heinous violation of the twin principles of the rule of law and Judicial independence. It sent a chilling feeling down the spine of the Judiciary, and left the legal fraternity and the general public agape with disbelief and wonderment," Justice Ogoola said.
Another incident violating the Judiciary was the disrespect by the state to continue charging the suspects in the Military General Court Martial despite the Constitutional Court pronouncing itself that the trial was illegal, as was their continued detention in Luzira prison.
However, Thursday's incident was the final straw that broke the camel's back. Over 50 men in police uniform descended onto the High Court demanding to re-arrest the six suspects. justice eldad Mwangusya had just granted bail to the suspects.
On his part, Mr Oscar Kihika, the new president of the Uganda Law Society expressed concern, saying that Thursday's events were a show of disrespect to the independence of the Judiciary.
"We also express grave concern over the manner in which one of our member (Kiyemba Mutale) was assaulted by a security official. We disapprove of that. We implore that this officer be brought to book," Mr Kihika said.
It was not possible to get to Attorney General Khiddu Makubuya since his phone was off.
In a related incident Makerere University students yesterday went on a sit down strike demanding the release of the suspects. The students refused to attend lectures saying the cause of their study stands in tartars.
They have threatened not to go back to class until when the remaining PRA suspects are released. Makerere University Guild President Gerald Karuhanga called the siege and re-arrest of the suspects a violation of the human rights.
When Daily Monitor visited the university, the faculty of Economic, Arts, Social Sciences and Technology were all closed.
Reported by SOLOMON MUYITA, HUSSEIN BOGERE, RODNEY MUHUMUZA, TABU BUTAGIRA, LYDIA MUKISA, JUDE LUGYA, STEVEN KIBUUKA, SAM AMANYIRE & RISDEL KUSASIRA
News | March 3, 2007
Judges on strike over court siege
MONITOR TEAM
• Makerere students join fray
• Protect Constitution - Besigye
BBC coverage!
FOR the first time in 44 years since Uganda's attainment of independence, the Judiciary yesterday laid down tools over gross infringement on its independence by the Executive.
"All judicial business for all the courts in Uganda is suspended with effect from March 5, 2007," announced the acting Chief Justice, Ms Laetitia Mukasa Kikonyogo, who addressed the media yesterday at 7:00pm.
The judges cited "The repeated violation of the sanctity of the court premises, disobedience of court orders with impunity and the constant threats and attacks on the safety and independence of the Judiciary and judicial officers."
The declaration was triggered off by the fresh raid of the Kampala High Court premises by the police and military on Thursday to re-arrest the six suspects granted bail by the court.
This was the second raid in less than two years, the first having taken place on November 16, 2005 by the infamous Black Mamba military unit.
Other grounds were: The savage violence exhibited by security personnel within the court premises, the total failure by all organs and agencies of the state to accord to the courts assistance as required to ensure effectiveness of the courts…and the recognition that judicial power is derived from the people, to be exercised by the courts on behalf of the people in conformity with the law, the values, norms and aspiration of the people of Uganda.
They demanded for an apology from the executive for the events, an assurance that the incidents would not be repeated and that the Judiciary would continue to operate as an independent body.
In the whole day crisis meeting, the judges from all courts also agreed that criminal proceedings should be opened up against the security personnel responsible for the raid that caused violence and contempt of court.
Mrs Kikonyogo, said the judges' decision had nothing to do with the re-arrest or re-charging the PRA suspects.
She said judicial officers from the rank of chief magistrate and above would meet on March 9 at the High Court in Kampala to chart the way forward as well as issue a comprehensive statement on the events.
Earlier in the day, FDC leader Kizza Besigye yesterday emerged, at about 2 p.m., from a meeting with party officials and representatives of foreign missions in Uganda to recount what he called "horrific" events on Thursday.
At the FDC Villas in Najjanankumbi, he described the state's refusal to honour bail granted to six PRA treason suspects as "an ongoing expression of the breakdown of the rule of law in this country".
Some FDC MPs and representatives of the British High Commission and the Irish Embassy were in attendance as Dr Besigye told the media that : "We are going to ask the citizens of this country to stand up and challenge the assault…on the constitutional order in this country ".
Col. Kizza Besigye, who is also charged with treason but is out on bail said, "What has been happening confirms that the office of the Director of Public Prosecution has completely been compromised. We surely cannot have a person in this country under the title of DPP." He said that constitutionalism had become "irrelevant and inoperable" in Uganda.
The lay down of tools by the judges follows the defiance of the state on several court rulings involving the PRA suspects.
Justice Ogoola described the 2005 Black Mambas raid as "the ugliest and most lethal of these attacks and "Siege of the High Court".
The incident happened right after Justice Ssempa Lugayizi had granted the then 22 suspects bail. Justice Ogola made the comments during the 2006 Judges Conference.
"The siege constituted a very grave and heinous violation of the twin principles of the rule of law and Judicial independence. It sent a chilling feeling down the spine of the Judiciary, and left the legal fraternity and the general public agape with disbelief and wonderment," Justice Ogoola said.
Another incident violating the Judiciary was the disrespect by the state to continue charging the suspects in the Military General Court Martial despite the Constitutional Court pronouncing itself that the trial was illegal, as was their continued detention in Luzira prison.
However, Thursday's incident was the final straw that broke the camel's back. Over 50 men in police uniform descended onto the High Court demanding to re-arrest the six suspects. justice eldad Mwangusya had just granted bail to the suspects.
On his part, Mr Oscar Kihika, the new president of the Uganda Law Society expressed concern, saying that Thursday's events were a show of disrespect to the independence of the Judiciary.
"We also express grave concern over the manner in which one of our member (Kiyemba Mutale) was assaulted by a security official. We disapprove of that. We implore that this officer be brought to book," Mr Kihika said.
It was not possible to get to Attorney General Khiddu Makubuya since his phone was off.
In a related incident Makerere University students yesterday went on a sit down strike demanding the release of the suspects. The students refused to attend lectures saying the cause of their study stands in tartars.
They have threatened not to go back to class until when the remaining PRA suspects are released. Makerere University Guild President Gerald Karuhanga called the siege and re-arrest of the suspects a violation of the human rights.
When Daily Monitor visited the university, the faculty of Economic, Arts, Social Sciences and Technology were all closed.
Reported by SOLOMON MUYITA, HUSSEIN BOGERE, RODNEY MUHUMUZA, TABU BUTAGIRA, LYDIA MUKISA, JUDE LUGYA, STEVEN KIBUUKA, SAM AMANYIRE & RISDEL KUSASIRA
Subscribe to:
Posts (Atom)