HRCU WEEKLY UPDATES: ISSUE NO. 8 OF 2024
THE
WEEK OF 18TH TO 24TH MARCH 2024
Dear reader,
Happy new
week!
Welcome
to this week’s edition of the weekly updates on the working environment of HRDs
and emerging issues from last week.
Let
us continue to remember that the work of human rights defenders is essential
for promoting justice, equality, and dignity for all. By taking proactive steps
to protect themselves and each other, defenders can continue their vital work
in defending human rights around the world thereby making it a better place for
all.
ENVIRONMENTAL PROTECTION:
ENVIRONMENTALISTS CALL FOR UNIFIED EAC CLIMATE ACTION TO AVERT HEATWAVE
Environmental
activists are calling for the enactment of a law to harmonize climate action
efforts across the region.
The
call comes as the East African Community countries continue to grapple with a
fierce heatwave that has not only affected agricultural activities but also
caused school closure in South Sudan where temperatures range between 35-45
degrees Celsius.
Speaking
to KFM, Robert Turyakira an Environmental Rights Defender and Deputy Executive
Director Environment Shield, specifically recommends the enactment of an East
African Climate Change Act.
He
emphasizes the need for a unified approach saying collective action will help
bridge national boundaries and foster collaboration among EAC member states
“The
urgency of the matter has further been underscored by recent reports from the
Intergovernmental Panel on Climate Change (IPCC), which has highlighted grave
threats posed by climate change for both humanity and biodiversity”, Mr.
Turaykira told KFM.
He
adds that pushing Climate Action beyond Uganda is integral in ensuring massive
action by regional governments toward combating effects of climate change
THE FIGHT AGAINST
TORTURE: KATWE POLICE OFFICERS ARRESTED OVER
TORTURING TO DEATH PHONE SUSPECT
Two
police officers attached to Katwe police station were arrested over allegations
of torturing to death a suspect.
Luke
Owoyesigirye, Kampala Metropolitan deputy police spokesperson identified the
deceased as Lauben Muchunguzi, a boda-boda rider in Kibuli-Kampala. Preliminary
investigations suggest that Muchunguzi, along with his colleague Marvin
Bishengera, attempted to snatch a phone from a Congolese national, Jovan Tukye,
in Kanakurya Zone on Kayemba road-Kibuli at around 8:00 pm on March 12, 2024.
They
were chased by a mob, and while Muchunguzi managed to escape, his colleague was
rescued by the police from the angry crowd. On March 14, the owner of the
motorcycle they were riding on reported himself to the police, but was asked to
produce Muchunguzi before reclaiming the motorcycle.
According
to statements from Katwe police station, the owner of the motorcycle and other
residents set a trap and subsequently arrested Muchunguzi, who was then handed
over to police officers from Katwe.
Reportedly,
after one night in custody, Muchunguzi's health deteriorated, prompting the
police to rush him to Mulago referral hospital, where he was pronounced dead on
arrival. Owoyesigirye, who did not disclose the names of the officers, stated
that family members and the community have identified certain officers whom
they accused of torturing Muchunguzi.
ACCESS TO JUSTICE;
THE RIGHT TO FAIR HEARING: COURT SETS HEARING DATE FOR KATANGA
MURDER CASE
The
High Court in Kampala will on July 2, 2024, start hearing evidence against
Molly Katanga, and her two daughters in the murder of their family patron,
Henry Katanga.
The
trial date has been set by Justice Isaac Muwata as he engaged Katanga’s lawyers
and the Director of Public Prosecutions (DPP) in a closed-door meeting.
Prosecution
contends that businessman Henry Katanga was reportedly shot dead by his wife on
November 2, 2023, at their family home on Chwa II Road in Kampala Nakawa
Division.
His
daughters; Patrica Kakwanzi and Martha Nkwazi are charged with destroying
valuable evidence that the prosecution would use to prove their father’s murder
while the family’s shamba boy George Amanyire and a male nurse. Mr Charles Otai
are charged with being accessories to the murder.
The
four were bailed out in February while Molly Katanga; the widow is still held
on remand at Luzira women’s prison. The same judge has fixed April 3, 2024, for
hearing of her bail application.
Source:
https://www.kfm.co.ug/news/court-sets-hearing-date-for-katanga-murder-case.html
ACCESS TO JUSTICE;
RIGHT TO FAIR HEARING: HIGH COURT CONFIRMS CHARGES AGAINST
SUSPECTS IN GEN. WAMALA ATTACK
The
High Court’s International Crimes Division confirmed terrorism charges against
six suspects in connection with the June 2021 shooting of Gen.Edward Katumba
Wamala, the Minister of Works and Transportation.
The
confirmed charges include: terrorism, murder, attempted murder, aggravated
robbery, rendering support to a terrorist organisation, terrorist financing and
belonging to a terrorist organization.
The
accusations stem from events that occurred on June 1, 2021, between 8am and 9am
at Kisaasi Central Zone in Kampala District.
The
prosecution contended that during this time frame, the accused persons
orchestrated the fatal shooting of Nantongo Brenda, the daughter of Gen.
Katumba Wamala, along with his driver, Sgt. Haruna Kayondo. General Edward
Katumba Wamala and Mucunguzi Boniface were also injured during the attack.
They
were ambushed on Kisota Road in Kisasi by two assailants riding on motorcycles,
resulting in the immediate deaths of Brenda and the driver.
Additionally,
the accused face charges relating to a prior incident on September 16, 2017, at
Denovo Bakery in Kalerwe-Kawempe Division, Kampala District, where two police
officers were killed and several others injured during a robbery. According to
prosecution, the assailants made off with a substantial sum of money and firearms.
Prosecution
adds that on April 27, 2019, at City Shoppers Supermarket in Kanyanya-Mpererwe,
Kawempe Division, Kampala District, the same gunmen killed a security guard,
injured bystanders, and robbed the cashier and a mobile money operator.
According
to the documents before Court, on May 29, 2019, at Cheap General Hardware in
Nansana East 1 Zone, Wakiso District, the accused perpetrated another attack
resulting in fatalities, injuries, and substantial theft.
Source:
https://www.kfm.co.ug/news/high-court-confirms-charges-against-suspects-in-gen-wamala-attack.html
THE FIGHT AGAINST CHILD
ABUSE: ‘PROPHET’ JAILED 40 YEARS FOR
DEFILING, INFECTING 17-YEAR-OLD WITH HIV
A
born-again “prophet,” was sentenced to 40 years in prison for impregnating a
17-year-old girl with whom he fathered twins and infected her with HIV.
Prophet
Elijah James Kimera, 35, of Faith Centre Church of All Nations at Lusanja in
Wakiso was sentenced by High Court Judge Margaret Mutonyi.
Prosecution’s
key evidence revealed that the victim’s mother was a member of Prophet Elijah’s
church who engaged in sexual relations with the church leader, resulting in the
birth of two children.
The
victim, then studying in senior three, was later introduced to the prophet for
spiritual guidance and also became a choir member.
It
is reported that Prophet Elijah had sexual intercourse with the victim in the
car on the church compound during nighttime.
The
court further heard that the abuse continued until the victim gave birth to
twins, an act Justice Mutonyi termed an abomination in African culture to have
children with both a mother and a daughter and treating them as co-wives.
The
court condemned the prophet for being deceptive and manipulative by denying
knowledge of the victim’s whereabouts until the court intervened to rescue her
and the twins from the church.
According
to Justice Mutonyi, it was only after these facts were exposed that the prophet
admitted guilt and asked for forgiveness from both the court and Christ.
However,
Justice Mutonyi stated that remorse after being exposed aims to manipulate the
court into granting a lenient sentence. Even after being granted bail, Prophet
Elijah continued cohabiting with the victim until she reached the age of
majority a year ago.
The
judge noted that courts have a duty to protect underage girls from sexual
predators, as 70% of criminal cases listed involve aggravated defilement.
Justice
Mutonyi emphasized that defilement at church is akin to defilement at home
because pastors are seen as spiritual parents. In this particular case,
relatives will endure trauma knowing that both mother and daughter were
impregnated by the same man who, due to his reckless sexual behavior, infected
them with a deadly disease.
Prophet
Kimera has been informed that he has the right to appeal only the sentence but
not the conviction because he pleaded guilty.
Source:
https://www.kfm.co.ug/news/prophet-jailed-40-years-for-defiling-infecting-17-year-old-with-hiv.html
REGIONAL UPDATE
FOREIGN RELATIONS;
EAST AFRICAN COMMUNITY: UGANDA, BURUNDI DELAY PROTOCOL TO
GIVE EACJ TEETH
Despite
a robust legal regime on trade, the East African Community (EAC) still lacks an
enforcement mechanism for its court and a functional regulatory body on trade
disputes.
Two
EAC partner States- Uganda and Burundi, are on the spot for delaying the
ratification of an enforcement mechanism.
They
are yet to ratify the protocol to operationalise the extended jurisdiction of
the East African Court of Justice (EACJ), which was approved by the Heads of
State Summit back in 2013.
The
EAC Treaty provides for the enactment of a protocol to operationalise the
extended jurisdiction of the court to cater to matters arising from the Customs
Union, Common Market. On the other hand, the EAC Committee on Trade Remedies,
which is ideally the go-to body in addressing trade disputes, remains in limbo.
INTERNATIONAL UPDATE
TACKLING CORRUPTION:
VIETNAM PRESIDENT VO VAN RESIGNS OVER CORRUPTION
President
Vo Van Thuong of Vietnam resigned after one year in the post.
The
ruling Communist Party issued a statement Wednesday last week announcing
Thuong’s resignation, citing “shortcomings” it says led to violations of rules
that hurt the reputation of himself and the party.
Thuong
succeeded Nguyen Xuan Phuc, who resigned last March amid a massive
anti-corruption drive launched by the party’s general secretary Nguyen Phu
Trong, known as Blazing Furnace. The drive has led to the arrests of thousands
of government officials and business leaders in recent years.
Real
estate tycoon Truong My Lan went on trial in Ho Chi Minh City on charges she
embezzled $12.5 billion from a Saigon-based bank between 2012 and 2022. Lan,
who controlled a majority stake in SCB, allegedly embezzled the money by
arranging fake loans to numerous shell companies.
Another
85 people are being prosecuted in connection with the case, including Lan’s
husband, a wealthy Hong Kong businessman, and several former bank executives
and government officials. One ex-government official on trial is accused of
receiving $5.2 million in bribes.
Source:
https://observer.ug/index.php/news/headlines/80867-vietnam-president-vo-van-resigns-over-corruption
CONCLUDING REMARKS
1.
Encouraging
the adoption of renewable energy sources like solar and wind power to reduce
reliance on fossil fuels, which contribute to climate change, reforestation and
implementing sustainable water management practices is key in ensuring
availability during periods of extreme heat and drought.
2.
Setting
a hearing date for the Katanga murder case, the court ensures that both the
prosecution and defense have a clear timeline to prepare their cases. This
helps in managing court schedules efficiently and ensures that the defendant's
right to a speedy trial is upheld.
3.
Confirmation
of charges by the High Court establishes the legal validity of the accusations
against the suspects. This step ensures that the charges brought forward by the
prosecution are supported by sufficient evidence and meet the legal standards
required for a trial to proceed. In addition, confirmation of charges allows
the suspects to exercise their legal rights.
4.
The
sentencing of ‘Prophet’ Elijah James Kimera to 40 years in prison for defiling
and infecting a 17-year-old with HIV is a significant legal outcome with
several important implications such as providing a measure of justice for the
victim, who suffered significant harm as a result of the prophet's actions. It
acknowledges the seriousness of the offenses committed against the victim and
sends a message that such behavior will not be tolerated within society.
Thank you for reading. Let
us keep in touch.
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