By Hannah Marion Namukasa
The High Court in Kampala has adjourned a human rights enforcement application filed by Digitalk TV staff against the Attorney General, jailed Maj. Gen. James Birungi, D/AIP Ndyanabangi George, D/AIP Birungi of Katwe Police, AIGP Tom Magambo and Kisembo of Criminal Intelligence, Katwe.
The applicants are seeking more than Shs1.5 billion in compensation and damages over alleged violations of their rights during their arrest and detention.
Justice Joyce Kavuma, who is currently handling election petitions in Masaka, informed the applicants through the court registry that a new hearing date will be communicated through the Electronic Court Case Management Information System (ECMIS).
During the scheduled court appearance, none of the respondents had filed a response to the application, despite having been served and receiving the court documents.
The case stems from a security raid on Digitalk TV premises on March 10, 2022, during which nine staff members were arrested and computers, mobile phones, documents and other broadcasting equipment were confiscated.
The applicants allege that the arrests and search were conducted without arrest or search warrants and that the operation was carried out under the command or knowledge of the respondents.
Those arrested included Norman Tumuhimbise, Team Leader; Mukose Arnold Anthony, Programmes Director; Bikobere Farida, Director of Administration and show host; Kato Tumusiime, lawyer and organisational legal officer; Luwedde Lilian; Mukiibi Jeremiah, Head of Production; Nabukeera Teangel Teddy, producer; Wabyona Jeje Jacob, intern; and Tulyahabwe Rogers, show host.
According to the applicants, they were detained beyond the constitutionally prescribed 48 hours, held incommunicado for more than six days and allegedly tortured at the Chieftaincy of Military Intelligence (CMI) headquarters in Mbuya.
Tumuhimbise and Bikobere were subsequently charged with cyberstalking and allegedly annoying the President. However, the charges were later dismissed for want of prosecution.
The applicants also claim that their confiscated property has never been returned.
Appearing for the applicants, Counsel Kakuru Tumusiime of Kiiza and Mugisha Advocates told court that they were yet to receive responses from the respondents.
Among the declarations and remedies sought by the applicants is an order directing the respondents to return all confiscated equipment and property.
They also want court to declare the alleged arrests, detention and confiscation of their property unconstitutional and award them more than Shs1.5 billion in damages and compensation.
However, only seven of the nine affected journalists are listed as applicants in the human rights enforcement case.
