URGENT APPEAL - THE OBSERVATORY
New information
UGA 001 / 0215 / OBS 010.1
Dismissal of charges
Uganda
July 3, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Uganda.
New information :
The Observatory has been informed by reliable sources about the dismissal of charges against Mr. Gerald Kankya, Executive Director of the Twerwaneho Listeners Club (TLC), which, since 2006, has been working to combat unlawful evictions from public community land [1].
According to the information received, on July 1, 2015, the Fort Portal Magistrate’s court dismissed charges related to grievous assault against Mr. Kankya, following the failure by the prosecution to produce any evidence of Mr. Kankya’s guilt.
The Observatory recalls that Mr. Kankya has been the target of a constant judicial harassment for several months now. Indeed, on March 24, 2015, in a separate case, Mr. Kankya was arrested and briefly detained on accusations of assaulting a journalist. The case was similarly dismissed by the Fort Portal Magistrate’s court on May 20, 2015 [2].
The Observatory welcomes the decision of the Magistrate’s court and thanks all the persons, institutions and organisations who intervened in his favour. Furthermore, the Observatory calls upon the Ugandan authorities to ensure the protection and a favourable environment for human rights defenders operating in the country.
Background information :
On January 23, 2015, at 2:30 p.m. in Fort Portal town, Messrs. Gerald Kankya and Simon Amanyire were attacked by approximatively 30 men wearing Queen Mother Best Kemigisa Nursery, Primary and Vocational Schools traffic reflectors jackets, armed with clubs and allegedly commanded by the District Police commander Mr. Geoffrey Kahebwa and another police officer. As the two defenders were on their way to their offices, the group of men started moving towards them allegedly on instructions of the District Police Commander.
After they were violently wrestled to the ground, the attackers attempted to steal important office files in their possession, including a document compiling cases on land grabbed by the Queen Mother Best Kemigisa project as part of the petition addressed to the President of Uganda. The attackers were allegedly each promised 20,000 Uganda shillings (approximately EUR 6) and were offered an extra 50,000 Ugandan shillings (approximately EUR 15) if they obtained the documents.
According to the medical examination carried out after the assault at Fort Portal Regional referral hospital, which qualified the attack as “grievous harm”, Mr. Kankya suffers from bruises on the left knee, bruises on the left hand, injuries in the mouth, a broken incisor tooth and sprained right hand thumb.
On January 24, 2015, Mr. Kankya was examined by a doctor at the request of the local police in order to be able to file a complaint.
However, several police officers refused to record a complete statement, arguing that they were under strict orders not to record any statement from a member of TLC on charges related to assault. They also refused to accept the medical report obtained by Mr. Kankya.
Mr. Kankya was further informed that three of the alleged perpetrators had filed a complaint against him for “grievous assault”.
The trial on charges of “grievous assault” which opened on March 24, 2015, was reported several times due to the lack of witnesses and evidence and as the police file was missing.
The Observatory wishes to thank all of the individuals and organizations that have taking action as a response to the urgent appeal and have written to the Ugandan authorities on behalf of Mr.Gerald Kankya. No further action is currently required on your part concerning this case .
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Paris-Geneva, July 3, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.