[Viva] Uganda goes crazy. We must support Rosemary Namubiru

Wed Feb 12 16:09:13 PST 2014

This is terrible news! Peggy, have you talked to the Canadian *HIV*/AIDS *Legal
Network* <http://www.aidslaw.ca/EN/> ?Maybe an online petition could be
created to show the support she has in Canada.I see that she already has
GNP+ and ICW on the case.  Anyone else have thoughts on this?

Margarite

On Wed, Feb 12, 2014 at 9:21 AM, Peggy Frank <pegfrank at telus.net> wrote:

> [image: AIDS-Free World]<http://aidsfreeworld.us6.list-manage1.com/track/click?u=86708d9deb7fbd282b2aaab05&id=65d4aa3078&e=fe9b0d132c>*HIV-Positive
> Nurse Tried by Media*--Uganda's first court case dealing with
> criminalization of HIV transmission sets a dangerous precedent--
>
> *February 11, 2014* *(Kampala, Uganda)--*Rosemary Namubiru, a Ugandan
> nurse, stands accused of exposing a child to HIV during the course of
> administering an injection. The incident incited a media firestorm, leading
> to Namubiru's arrest and trumped-up charges of attempted murder. That these
> were baseless charges was confirmed at the opening of the trial today when
> the charge was changed to criminal negligence; charges that could still
> carry up to seven years in prison. As the trial begins, it is clear that
> the damage has already been done. Namubiru was tried and convicted in the
> public eye by the media, violating her rights and presumption of innocence.
>
> The implications of this case are far-reaching: the Namubiru case appears
> to be the first in Uganda's courts dealing directly with HIV exposure and
> transmission. Efforts to criminalize HIV transmission, and the failure of
> both the media and the prosecutors office to act responsibly, set a
> dangerous precedent and could have grave consequences for the fundamental
> rights of people living with HIV and AIDS in Uganda and beyond.
>
> *Case Summary *
>
> Rosemary Namubiru, 64, a nurse with 35 years of experience, was working at
> the Victoria Medical Centre in Kampala, Uganda. On January 7, 2014,
> Namubiru was attempting to give an injection to an ill 2-year-old patient.
> Neither she nor the mother could calm the distraught child. With the child
> writhing and kicking, the needle accidentally pricked Namubiru's finger;
> she stopped what she was doing, washed and bandaged her pricked finger, and
> returned to the child. She was eventually able to administer the injection.
>
> Uncertain about whether the same needle was used throughout, the mother
> became concerned about the possibility that her child had been exposed to
> HIV. It was confirmed that Namubiru is HIV-positive and is on
> anti-retroviral drugs. The child was given an HIV test; the results were
> negative. A precautionary 2-month post-exposure prophylaxis regimen was
> initiated, after which the child will be re-tested.
>
> Rosemary Namubiru was arrested in front of a bevy of journalists. She was
> held by the Criminal Investigations Department for four days before her
> first appearance in court. She was charged with attempted murder, which
> carries a sentence of up to life imprisonment, and remanded to Luzira
> National Prison to await trial. On February 7, 2014, she was denied bail
> and returned to prison to await trial. Minutes before the trail began on
> February 11, 2014, the prosecutor announced the charge would be changed to
> "negligent act likely to spread infection of disease."  With this new
> charge in place, the prosecutor began to call its witnesses, and the trial
> is ongoing.
>
> *Trial by media*
>
> Since the moment of her arrest, Rosemary Namubiru has been found guilty in
> the court of public opinion. Even though research has shown that the
> likelihood of HIV transmission from a needle puncture is miniscule--only
> 0.32% of those exposed to HIV through a subcutaneous puncture became
> infected[1]--Namubiru has been singled out and vilified in the press
> because of her HIV-positive status.
>
> Here are just a few of the libelous accusations that appeared in the media
> reports in the immediate aftermath of her arrest:
>
>    - An article with the headline "Killer nurse charged with attempted
>    murder" went on to accuse Namubiru of "maliciously infecting her patients,
>    mainly the children with her HIV positive blood."[2]
>    - Another claimed that she "drew her own HIV-infected blood and
>    injected it into a two-year old child."[3]
>    - Shortly after Namubiru's arrest, one article stated that police were
>    "investigating allegations that the woman has been engaging in the act for
>    a pretty long time."[4]
>    - An article that appeared in *The Africa Report* speculated about
>    Namubiru's mental state, calling her "the fiendish nurse" and claiming "the
>    baby's incessant cries drove her mad."[5]
>    - One journalist opined that "as police struggled to find an
>    appropriate charge to punish such an evil act, it became clearer that our
>    laws are inadequate to cover such emerging but deadly crimes."[6]
>    - An editorial about the case declared, "The majority of our doctors
>    and nurses may well be great professionals, but it's also true that among
>    them are many people who do not harbour good intentions for one reason or
>    another. These could be inherently evil-minded, bitter or mentally
>    unstable."[7]
>
> False and sensational accounts by irresponsible media can prejudice the
> outcomes of trials and violate the fundamental human rights of people
> living with HIV and AIDS. Section 28 of Uganda's constitution guarantees
> that every person charged with a criminal offence shall "be presumed to be
> innocent until proved guilty."
>
> *A miscarriage of justice*
>
> Even before the trial began, serious questions surfaced regarding Rosemary
> Namubiru's ability to receive a fair hearing. From the spectacle of her
> arrest--recorded by media who were clearly alerted in advance--to the
> baseless original charge of attempted murder, and the rush to trial before
> the defense could prepare, it is clear that this is a sensationalized case.
>
> Throughout the process, there have been numerous violations of Rosemary
> Namubiru's rights:
>
>    - According to Section 23(4)(b) of the Ugandan constitution, an
>    accused person can only be held for up to 48 hours before a hearing.
>    Namubiru was held for four days before her first court appearance.
>    - The prosecution argued against granting bail, stating that Namubiru
>    poses a grave risk to the public, even though there is no evidence of
>    intent to commit any crime.
>    - Namubiru had no lawyer present when police extracted a statement
>    from her; she was unable to access legal counsel until she had been in
>    detention for a week.
>    - The Prosecutor announced on February 7, 2014 that the State had
>    completed its investigation and was ready to proceed to trial. Namubiru's
>    lawyers had not yet seen the State's evidence, and were informed that they
>    would receive the file the day before the trial was slated to begin.
>    Section 28 of Uganda's constitution guarantees that every person charged
>    with a criminal offence shall "be given adequate time and facilities for
>    the preparation of his or her defence."
>
> *What are the broader implications of this case?*
>
> HIV advocates fear that the Namubiru case could set a dangerous precedent,
> in terms of both the criminalization of HIV transmission and the treatment
> of people living with HIV and AIDS.
>
> Many advocates worry that the case could be used to justify passing the
> proposed *HIV Prevention and AIDS Control Bill 2010*. The bill includes
> two overly-broad sections on the criminalization of HIV, as well as a
> number of other troubling provisions that would restrict the rights of
> persons living with HIV and AIDS. If the government moves to legislate the
> criminalization of HIV, specific groups--including pregnant women, who are
> easily identified within the chain of transmission--could be targeted for
> criminal charges. (For more on the proposed bill and its implications,
> please visitwww.uganet.org<http://aidsfreeworld.us6.list-manage.com/track/click?u=86708d9deb7fbd282b2aaab05&id=b5fd3bd1d3&e=fe9b0d132c>
> ).
>
> AIDS-Free World unequivocally disagrees with the notion of having a
> separate criminal code for people who are HIV-positive. If a person
> attempts to do bodily harm to another, regardless of the means, the
> existing laws should apply. By creating laws that specifically criminalize
> HIV transmission, the courts place the emphasis on the person, rather than
> the crime.
>
> The media frenzy created by this case illustrates the degree to which HIV
> stigma still exists. Many advocates warn that the introduction of
> HIV-specific laws would be a dramatic setback in efforts to eliminate
> discrimination, particularly in the workplace.
>
> *Expert global guidance on the criminalization of HIV transmission*
>
> The landmark Global Commission on HIV and the Law recommended that:[8]
>
> "To ensure an effective, sustainable response to HIV that is consistent
> with human rights obligations:
>
>    - 2.1. Countries must not enact laws that explicitly criminalise
>    HIV...exposure. Where such laws exist, they are counterproductive and must be
>    repealed.
>    - 2.2. Law enforcement authorities must not prosecute people in cases
>    of HIV...exposure where no intentional or malicious HIV transmission has been
>    proven to take place.
>    - 2.4. Countries may legitimately prosecute HIV transmission that was
>    both actual and intentional, using general criminal law, but such
>    prosecutions should be pursued with care and require a high standard of
>    evidence and proof.
>
> Rosemary Namubiru is being supported by several advocacy and human rights
> organizations, including the International Community of Women Living with
> HIV, Eastern Africa (ICWEA), Uganda Network on Law, Ethics and HIV/AIDS
> (UGANET), The National Forum of People Living with HIV in Uganda and
> AIDS-Free World (NAFOPHANU), and by individual HIV advocates including
> Canon Gideon Byamugisha, Milly Katana, Major Rubaramira Ruranga.
> ###
>
> *Media contacts:*
> Gill Mathurin
> Communications Manager
> AIDS-Free World
> gm at aidsfreeworld.org
> + 1-647-406-5731
>
> Lillian Mworeko
> Regional Coordinator
> International Community of Women Living with HIV Eastern Africa (ICWEA)
> +256 392 947313
> lmworeko at icwea.org
>
> Dorah Kiconco
> Executive Director
> Uganda Network On Law, Ethics and HIV/AIDS (UGANET)
> + 256 774199374
> kicdor at yahoo.com
>
> ------------------------------
> [1] The likelihood of HIV transmission via needle puncture of the skin is
> small. A summary of published reports on transmission from occupational
> exposure to HIV found that only 22 of 6955 individuals who had been exposed
> to HIV through a needle puncture became infected. This works out to roughly
> 1 person in 300, or a 0.32% transmission rate. Source: Elisabeth Hamlyn and
> Philippa Easterbrook. "Occupational exposure to HIV and the use of
> post-exposure prophylaxis." *Occupational Medicine*, Volume 57, Issue 5,
> 329-336. http://occmed.oxfordjournals.org/content/57/5/329.full<http://aidsfreeworld.us6.list-manage1.com/track/click?u=86708d9deb7fbd282b2aaab05&id=72623fd4e5&e=fe9b0d132c>
> [2] "Killer nurse charged with attempted murder, remanded." HOWWE
> Entertainment. Jan.14, 2014.
> [3] "Insanity: How a NURSE injected BABY with HIV blood." HOWWE
> Entertainment. Jan.13, 2014.
> [4] "Woman arrested for injecting baby with HIV infected blood." *New
> Vision*, Jan.12, 2014.
> [5] "Uganda: HIV Positive Nurse Injects Her Blood Into Child," *The
> Africa Report*, Jan.15, 2014.
> [6] "Uganda: How a Nurse Injected Baby With HIV Blood." AllAfrica.com,
> Jan.13, 2014.
> [7] "Uganda: When Health Centres Become Death Traps." AllAfrica.com.
> Jan.15, 2014.
> [8] Global Commission on HIV and the Law. *Risks, Rights and Health*<http://aidsfreeworld.us6.list-manage.com/track/click?u=86708d9deb7fbd282b2aaab05&id=882bddaed6&e=fe9b0d132c>
> *, *July 2012, 21-25.
>
>
> Peggy Frank
> http://peggyfrank.blogspot.ca/
>
> Activism is an energetic form of breathwork!
>
>
>
>
>
> _______________________________________________
> Viva mailing list
> Viva at lists.resist.ca
> https://lists.resist.ca/cgi-bin/mailman/listinfo/viva
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.resist.ca/pipermail/viva/attachments/20140212/8af71f53/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: AFW_01_green_250px.png
Type: image/png
Size: 6466 bytes
Desc: not available
URL: <http://lists.resist.ca/pipermail/viva/attachments/20140212/8af71f53/attachment-0001.png>