KAMPALA 16th November 2024: The Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has welcomed the landmark ruling by the High Court ordering security officers to pay UGX220million shillings for beating up journalists while on duty.
The ruling is in respect to Miscellaneous Cause No. 64 of 2021 filed by two journalists: Timothy Mulungi and Henry Ssekanjako (both working for The New Vision newspaper) and Uganda Journalists Association (UJA). The two were clobbered by the military while they were covering as NUP president Sentamu Robert was going to present a petition to the United Nations Human Rights Office in Kampala about the abductions and disappearance of his supporters.
The respondents in the petition include the Attorney General, the Chief of Defense Forces and 8 army officers: Col. Namanya Napoleone, Capt. Jessy Odwenyi, L/CPL Zirimenya Kassim, CPL. Nimusiima Justine, PTE Tsame Imran, PTE Wasswa Peter, PTE Kisakye Victoria, and PTE Opiyo Isaac.
On Friday November 13, 2024, the court ruled that the respondents violated the applicants’ rights to freedom of the press (Article 29(1) (a), dignity, and freedom from torture (Articles 24 and 44(a), freedom of movement, speech, conscience, opinion, assembly, and association (Article 29(1), and the right to practice their profession (Article 40(2)). Hon Justice Boniface Wamala ruled that the individual rights of the Journalists to dignity and freedom from torture, inhuman and degrading treatment under Articles 24 and 44(a) of the Constitution of the Republic of Uganda were violated by the army officers.
In his verdict, Hon HON. JUSTICE BONIFACE WAMALA ruled in favor of the petitioners and ordered the army officers to pay damages amounting to UGX75million to each of the three petitioners. The ruling on damages however excluded the Attorney General and the CDF.
“This verdict is a resounding victory for journalists’ rights and a significant deterrent to rogue security personnel who perpetually violate media freedoms. We profoundly believe that the journalists’ bravery has paved the way for accountability and justice.” Robert Sempala -HRNJ Executive Director stated.
In celebrating the court’s verdict, Robert Ssempala, the HRNJ-Uganda Executive Director said, “this ruling sends a strong message that journalists’ rights are non-negotiable. We will not be silenced or intimidated.” Furthermore, “the court’s decision reaffirms the importance of a free press in holding those in power accountable.”
Sempala noted that the ruling’s timing is crucial, given the forthcoming 2026 elections, which are expected to be challenging for journalists. We urge all stakeholders to respect journalists’ rights and ensure their safety.
“We commend the court for ordering the respondents, excluding the Chief of Defence Forces, to pay Shs 75,000,000 in general damages to each applicant and cover the application’s taxed costs. Our feeling is that this sets a significant precedent for accountability. We re-echo our celebration for this victory alongside the Uganda Journalists Association and the brave journalists who fought for justice to realize a triumph for press freedom and human rights in Uganda.” Sempala noted adding that HRNJ-Uganda remains committed to advocating for journalists’ rights and freedoms. We will continue to support journalists in their pursuit of truth and accountability.
Timothy Mulungi one of the journalists said the case and ruling should serve as a precedent for all media practitioners to always fight for their rights without compromise.
“I am happy with the ruling that has upheld the rights of journalists to do their work and do it without in dignity. In case the security forces needed a reminder, the honourable justice Boniface Wamala has reminded them that they are individually held liable for any violations of our human rights.” Timothy Mulungi said adding;
“I thank Uganda Journalists Association and our lawyers Isaac Ernest Muwanga , Lester Kaganzi and Michael Owiny. I call on all journalists, especially the editors media managers plus other journalist associations to use the precedent to fight harder for the profession and media workers.”
