Nyanzi v. Uganda
Case Law- Country
- Country Location
Latitude: 1.5257584863641895
Longitude: 32.381670917978084
- Country Location (linked Case Law)
- Uganda
- Decision Date
- 24 de ago. de 2017
- Case Status
- Closed
- Case Outcome (Procedural)
- Affirmed Lower Court
- Dismissed
- Case Outcome (Disposition)
- Violation of a Rule of International Law
- Keywords
- Cyber Security
- Social Media
- Judicial Body
- Appellate Court
- Case Number
- A/HRC/WGAD/2017/57
- Case Summary
The United Nations Working Group on Arbitrary Detention (WGAD) rendered an opinion that found that the deprivation of liberty of a well-known Ugandan academic and activist, Stella Nyanzi, was arbitrary. Ms. Nyanzi was arrested and charged under the Computer Misuse Act, 2011, after writing a number of Facebook posts that were critical of the Ugandan President and the First Lady (who is also the Minister of Education). In its Opinion, the WGAD applied heightened scrutiny to Ms. Nyanzi's case in light of her role as an academic and social activist. The WGAD found that Ms. Nyanzi's arrest and detention amounted to a violation of her rights to freedom of expression, a fair trial, the presumption of innocence, liberty and security of person, and freedom from torture or to cruel, inhuman or degrading treatment. The WGAD also commented on the nature of the legislative provisions criminalising cyber harassment and offensive communication in Uganda, under which Ms. Nyanzi was charged, and stated that when laws are so broadly and vaguely worded as these they may have a chilling effect on the exercise of the right to freedom of expression.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression