Case History: Gerald Kankya
On the morning of 24 March 2015, human rights defender Mr Gerald Kankya was arrested and remains in custody at the Fort Portal police station over unsubstantiated claims that he took part in the assault of a local radio journalist in February 2015.
Kankya has been targeted for his human rights work in the past.
Gerald Kankya is the Executive Director of the Twerwaneho Listeners Radio Club (TLC), a non-governmental organisation based in Fort Portal, in the Rwenzori Region of Western Uganda. It broadcasts weekly programs centred on human rights education, performs capacity building to enhance the ability of human rights defenders to perform their activities in the region, provides civic education, monitors and documents human rights violations, and challenges unlawful government actions in court. Since 2006, it has been working to combat unlawful evictions from public community land. In 2012 the delegation of the European Union in Uganda presented Gerald Kankya with an award in recognition of his human rights work.
- Top
- About
- 9 December 2020 : Case against human rights defender Gerald Kankya dismissed
- 24 March 2015 : Police arrest HRD and radio journalist Gerald Kankya
- 27 January 2015 : Physical attack against human rights defenders Gerald Kankya and Simon Amanyire
- 24 January 2013 : Human rights defenders Messrs Gerald Kankya, Simon Amanyire and Gilbert Kayondo released but face new charges
- 23 January 2013 : Detention of human rights defenders Messrs Gerald Kankya, Simon Amanyire and Gilbert Kayondo
On 20 May 2015, the court of Fort Portal dismissed the case against human rights defender Gerald Kankya on the grounds that the prosecution failed to produce any complainants or witnesses. Gerald Kankya was arrested on 24 March 2015 and detained at Fort Portal police station. The defender was subsequently released on bail and charged with assaulting a local radio journalist in February 2015.
On the morning of 24 March 2015, human rights defender Mr Gerald Kankya was arrested and remains in custody at the Fort Portal police station over unsubstantiated claims that he took part in the assault of a local radio journalist in February 2015.
On the morning of 24 March, Kankya and his colleague went to the Fort Portal police station to visit an individual who has been vocal on issues of land evictions in the region and who was arrested and detained by police after holding a press conference on the evening of 23 March. When they arrived at the station, the police singled out Kankya and arrested him, claiming that the human rights defender is a suspect in a case of alleged assault. The accusations reportedly relate to an argument between Kankya and his colleague Mr Simon Amanyire and the manager of programs at Better FM, a local radio station, after the latter attempted to cancel a scheduled program produced by TLC. According to sources, the journalist later confirmed in a letter to the police that the argument was purely verbal and that there was not physical assault.
On 23 January 2015, human rights defender Mr Gerald Kankya and his colleague Mr Simon Amanyire were beaten by a group of approximately 30 men in Fort Portal, in an attack reportedly coordinated by a local police commander. The attackers attempted to steal documents from the human rights defenders and injured Gerald Kankya after wrestling him to the ground.
At approximately 2:30pm, Gerald Kankya, Simon Amanyire and a friend were punched, kicked and hit with clubs by a group of men wearing jackets bearing the name of Queen Mother Best Kemigisa Nursery, Primary and Vocational School. The school has been the subject of controversy due to allegations that the land upon which it is constructed was illegally expropriated. The attack reportedly took place in the presence of the District Police Commander, and another police officer allegedly encouraged the assailants. According to reports, the perpetrators were each promised 20,000 Uganda shillings (approximately €6) and were offered an extra 50,000 Ugandan shillings (approximately €15) if they obtained the documents. The attack ended when onlookers attempted to assist the human rights defenders.
After the attack, the human rights defenders went to report the attack at a local police station. Gerald Kankya was given a medical form to take to a regional hospital for a medical examination. According to the completed medical form, a copy of which has been seen by Front Line Defenders, the human rights defender had suffered bruises to his arms and legs, an injury on the right side of his mouth, and a broken tooth, among other injuries. When Gerald Kankya returned to the police station the next morning, the police reportedly refused to record a statement on the assault, claiming, firstly, that the officer who had initially registered the case was not permitted or qualified to record statements concerning alleged aggravated assault. Next, a more senior police officer reportedly declared that the police were under orders not to record statements in relation to cases involving members of the TLC. They also refused to accept the medical report obtained by Gerald Kankya, and informed him that three of the alleged perpetrators have brought a case against him for assault.
The attacks followed a campaign by TLC the week before petitioning, in partnership with local leaders and 25 alleged victims of illegal evictions, the President of Uganda to refrain from launching the Queen Mother Best Kemigisa Nursery, Primary and Vocational school, constructed on land that was allegedly unlawfully transferred. TLC reportedly sent out over 1000 messages to members of parliament, Ministers and citizens informing them of the alleged land grabbing, and calling on them to appeal to the President not to go forward with the launching of the project.
During the evening of 23 January 2013, detained human rights defenders and Twerwaneho Listeners Club (TLC) members Mr Gerald Kankya, Simon Amanyire and Gilbert Kayondo were released on bail.
This followed a decision by the Public Prosecutor that no evidence existed of defamatory statements made by the individuals against Uganda's First Family.
The human rights defenders however face new charges and are scheduled to report to Fort Portal Police Station on 30 January 2013 for interrogation. The charges include inciting violence, disseminating harmful propaganda, while other charges relate to funding and the operation of programmes of the organisation. Fears also exist that the human rights defenders' lawyer is at risk of arrest in connection with these charges.
On the afternoon of 22 January 2013, police conducted searches of the offices of TLC and of the residences of Gerald Kankya and Simon Amanyire . It is unclear whether permits were presented by police for the searches. Two computers were confiscated from the TLC offices, while during the search of Gerald Kankya's residence, police barricaded the gate of the residence with their vehicle, blocking Gerald Kankya's wife from gaining access to her home. While searching Simon Amanyire's residence, police confiscated a number of documents.
The police interrogation followed a summons issued on 15 January 2013 and delivered to Messrs Gerald Kankya, Simon Amanyire, Joseph Mugisa, Julius Mugisa, Atuhaire, Wilfred Mukonyezi and Steven Ainganiza, all members of TLC. A separate summons was also delivered to Gilbert Kayondo, another TLC member, at this time. It is alleged that the summons requested that the human rights defenders report to the police on 18 January 2013, a Friday, in order to keep them detained over the weekend.
On the morning of 18 January 2013, the lawyer representing the human rights defenders delivered a letter to the police station notifying them that his clients would turn up for interrogation on Monday, 21 January, rather than on Friday 18 January. The police refused to acknowledge receipt of the letter and insisted that the human rights defenders report to the police on that morning. Approximately one hour after the attempt by the TLC lawyer to deliver his notification to the police, elements of the anti-riot police went looking for Gerald Kankya at his residence and later at his office. As Gerald Kankya was not in either location, the police failed to find him.
On 21 January 2013, as the police proceeded with the recording of statements for all those summoned, they singled out Gerald Kankya, Simon Amanyire and Gilbert Kayondo, and instructed them not to leave the police station after recording their individual statements. The three human rights defenders who had reported to the police station in the morning were eventually detained in mid-afternoon.
The basis of allegations made against the human rights defenders during the police interrogation reportedly include comments made by listeners who called in to the talk show aired on 29 November by TLC via Best FM, a private radio station broadcasting in the Fort Portal area. Listeners gave their opinions on a recent corruption scandal involving the Uganda Prime Minister's office; a scandal that had led to the freezing of substantial foreign aid destined to Uganda in 2012.
