Date: 9th July, 2008

The three Ugandan LGBT/HIV human rights defenders that were arrested and detained on the 4th of June 2008 and charged with criminal trespass, appeared in court today Wednesday the 9th of July 2008 at 9:30 am, at the Buganda Road Magistrate’s court in Kampala – Uganda.

In court Wednesday 9th - July,2008

The Public prosecutor brought to court the same state witness who was in court yesterday detective constable Opor. Nicholas. This witness showed court four placards, which was contradicting what he told court yesterday
that the placards were only two. However the four placards in court read: “Zero shillings for gays for HIV prevention in Uganda”, “Gay Ugandans also need HIV prevention care”, “Health is a fundamental Human Right, gay Ugandans inclusive.”, “Gay Ugandans are also Ugandans” .

The defense lawyer for the three LGBTI human rights defenders inquired from the state witness what was annoying about the placards, which prompted him to arrest and charge his clients with an offense of criminal trespass.

In his response he said nothing was annoying about the placards, but the three accused were interrupting the HIV/AIDS Implementers meeting. The lawyer asked the state witness to tell court who had convened the meeting.

The state witness informed court that it was the Americans. He was further asked by the defense lawyer, to tell court who is accusing the three activists for trespass. He replied, ‘The State’. The defense lawyer told court that his clients where duly invited for the conference and he showed court, registration forms for HIV/AIDS Implementers meeting 3rd – 7th June 2008 for the three activists, and a letter accompanying the registration forms signed by the Ambassador U.S. Global AIDS Coordinator and a support letter signed by all the conference organizers. The Defense lawyer said the State can not file a charge against his clients, if the organizers of the conference registered and invited the three activists to attend the conference.

The Public Prosecutor asked court to adjourn the hearing. This she said will give them time to bring more state witnesses to court. The Defense lawyer had no objection to the adjournment. Court was adjourned to Friday July 25, 2008

In Court Tuesday 8th - July,2008

The state provided a witness, one Police officer, detective constable Opor. Nicholas attached to Central Police Station. This state witness told court that he arrested the 3 LGBT HIV/AIDS activists at the implementers meeting on 4th of June 2008 at Imperial Royale hotel in Kampala and handed them to 999 Police, who later delivered them to Jinja Road Police station.

He said he arrested the three because they did not have official invitation cards admitting them to the conference. He further told court that the 3 activists had placards that were written on: “gays are also Ugandans” and the other reading, “Since 1983 to 2008 no shilling for gays”. The witness also told court that he later found out, that the three activists had been invited and given special invitation cards by the US Ambassador and the organizers, who insisted that the activists should attend the meeting. However he strongly emphasized that even when the activists reappeared at the conference, they were not allowed to attend the main conference on the directives of the Director of AIDS Commission Dr. kihumuro Apuuli He further said, that the ambassador got the trio a special room where they had meetings with some committees .The defense lawyer for the three LGBTI activists crossed examined the state witness and in his cross examination, he put to the witness that the state had used him to harass his clients. Case has been adjourned to tomorrow Wednesday 9th, July, 2008 at 9:00am at Buganda Road Magistrate court when the placards showing the activists’ messages urging government to include LGBTI people in National HIV&AIDS intervention programming will be presented as exhibits.

We are requesting that you continue writing letters to the Attorney General of Uganda, and Director of Public Prosecutions, Uganda requesting for the charges to be dropped unconditionally, as soon as possible.

Please contact the relevant officers , with this request, highlighting the fact that the action was justified, the Conference Organizers also did give accreditation to the three activists, and that it is in the interest of the Ugandan Population as a whole, and the War on HIV/AIDS in particular to include Sexual Minorities in HIV/AIDS Prevention efforts in Uganda.

We also request those of you that are based in Uganda to come to court on 25th July, 2008 to show your support and belief in the indivisibility of human rights.

Background

Three Human Rights Defenders were arrested during the just concluded HIV/AIDS Implementers meeting in Kampala. There were objecting to the exclusion of Sexual Minorities from the HIV/AIDS Prevention programmes in the country.

After two days and nights of detention in police cells, the three: Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaya were charged with Criminal Trespass, a charge that carries a one year jail term according to section 302 of the Penal Code of Uganda. They were released on bail on the 6th of June 2008.

They appeared in court Friday the 20th of June 2008 at 9:30 am, at the Buganda Road Magistrate’s court in Kampala – Uganda. The hearing did not take place because the state witnesses were not in court for the hearing. The Magistrate requested the public prosecutor to inform her why the state witnesses where not present for the hearing. The public prosecutor informed the Magistrate that one of the state witnesses was not feeling well and that he had a problem of back ache. The second state witness’ mobile phone was switched off.

The Lawyer for the three LGBTI/HIV - Aids human rights defenders requested the Magistrate to dismiss the case on grounds of the state witnesses not being serious with the case, luck of enough evidence and that his clients are demoralized and physiologically tortured. However, the magistrate adjourned the hearing to 8th July 2008.

Please send email, fax and/or call the officials below:

Hon. Dr. Edward Kiddu Makubuya
Attorney General
Minister of Justice, Constitutional Affairs & Attorney General

Tel: +256-414-230-538
Fax: +256-414-254-829
Email: mojca@africaonline.co.ug

Mr. Richard Buteera
Director of Public Prosecutions
Ministry of Justice, Constitutional Affairs & the Attorney General

Tel: +256-414-332-502/332-504
Fax: +256-414-258-565/341-316
Email: admin@dpp.go.ug

For further information please contact;

David Kato

+256-773-104-971

Frank Mugisha

+256-772-616-062

Victor Juliet Mukasa

+256-753-116-034/ +27 765 254 4951