the English Version Here
Transcription
the English Version Here
Promoting Free, Responsible and Accountable Media DECISION BY THE RWANDA MEDIA COMMISSION (RMC) ON THE CASE FILED BY ADEPR AGAINST INGENZI NEWSPAPER APPELLANT: PENTECOSTAL CHURCH OF RWANDA (ADEPR) DEFENDANT: INGENZI NEWSPAPER CASE: DEFAMATION, LIBEL, PROPAGATING HATE, SLANDER AND FALSE ALLEGATIONS DECISION DATE: APRIL 20, 2015 I. BRIEF BACKGROUND OF THE CASE On March 16, 2015, Rwanda Media Commission (RMC) received a complaint filed by the Pentecostal Church of Rwanda (ADEPR) against Ingenzi Newspaper and a journalist named Claude KIMENYI. The complaint by ADEPR was filed by Pastor SIBOMANA Jean, the Spokesperson of ADEPR. ADEPR indicated in its complaint that on many occasions, INGENZI newspaper published slanderous articles against the church, tarnishing the religious group and some of its leaders. The articles contained insults, incitement to hate, falsehoods and incitement of Christians against their leaders. ADEPR highlighted five articles (5) which contained the above actions: 1. “Tom RWAGASANA” mu mahurizo ane y’ibihe bye bya nyuma muri ADEPR.” (Translated: Four signs to show embattled Tom Rwagasana’s last days in ADEPR) which was published in issue no. 59 of September 04-22, 2014. 2. “Abafundi bayitanzeho ingwate bashaka impamba”. (Translated: Construction workers stake it (ADEPR Church) as security for their own benefit) which was published in issue 60 of Ingenzi Newspaper of October 07-23, 2014. 3. “ADEPR: Ikizira cyinjiye ahera”. (Translated: ADEPR: Abominations in the holy house) which was published in issue 61 of November 13-28, 2014. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda 4. “ADEPR guhirima nka MDR”. (Translated: ADEPR to collapse like MDR) which was published is issue 62 of December 5, 2014 to January 05, 2015. 5. “ADEPR: Abafundi na MUTUYEMARIYA barayigurishije peeee!!! Ubutegetsi burebera. (Translated: ADEPR: Construction workers and MUTUYEMARIYA have finally sold it off, as the government watches. ADEPR to be auctioned soon in the interests of Tom and MUTUYEMARIYA. Tom and MUTUYEMARIYA in their last days in ADEPR” which was published in issue 65 of March 12 to April 5, 2015. Rwanda Media Commission (RMC) set April 2, 2015, 10Am, as the date to hear the case, but the hearing was postponed because some of the Commissioners could not be available due to urgent calls of duty that came up at the time. The complaint was heard on April 20, 2015, at 4pm. II. SUBMISSIONS BY BOTH SIDES On April 20, 2015 at 4pm, the Ethics Committee established by Rwanda Media Commission made of three commissioners namely: Commissioner Emma Claudine NTIRENGANYA who was chairing it, Commissioner BAHATI Prince and Commissioner Dr NKAKA Raphaël convened to hear submissions by both sides before it could come up with a decision on the complaint. As the procedure states, the committee began its work by verifying if all parties were represented in the hearing and it found that on the side of ADEPR, Pastor SIBOMANA Jean, the Spokesperson of ADEPR and Pastor Tom RWAGASANA, the Deputy Spokesperson of ADEPR, MUTUYEMARIYA Christine, SEBAGABO Leonard, Pastor RUZIBIZA Viateur, UWASE Clarisse and KWIZERA Emmanuel who are all employees of ADEPR were all present. On the side of the defendant, the proprietor of INGENZI newspaper, NSENGUMUREMYI Ephrem was present by the journalist known as KIMENYI Claude was not present. The Ethics committee agreed that the absence of the abovementioned journalist could not affect the hearing since the owner of the newspaper where the allegations were published was present. NSENGUMUREMYI also agreed that he was well versed with whatever was published in the stories which were complained about and was ready to give explanations. The committee explained to both sides the mandate of Rwanda Media Commission and how it carries out its duties, reminding them that RMC is not a court of law but rather an institution charged with finding amicable solutions P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda to the problems that arise in the journalism profession. The committee explained that it hears submissions from all sides with an intention of bringing the disagreeing parties to an amicable understanding and agreement. The panel gave the platform the side which filed the case and Pastor SIBOMANA started by explaining that Ingenzi Newspaper, in five of its issues mentioned above and the sixth issue which came out after the complaint had been filed, published articles with serious flaws and requested to break them down issue-by-issue. Pastor SIBOMANA said that INGENZI Newspaper in its issue 59, the journalist likened ADEPR to MDR PARIMEHUTU, something the church found defamatory. He said that it is unacceptable for the journalist to compare the church with an outlawed political party which has a terrible history in Rwanda. He further said that the same issue contained false stories aimed at tarnishing the image of the church and its leaders and also propagated ethnic divisionism. The journalist also alleged that in ADEPR, positions were on sale, Pastors were not being paid and were enduring bad leadership but he did not provide evidence to back up these allegations. Pastor SIBOMANA further said that on the side of the church, they believe that the newspaper undermined the integrity of the leaders of ADEPR by claiming that the leadership of ADEPR had hijacked the church, which in essence is an attempt to incite Christians to stand up against the church leaders. SIBOMANA further added the journalist overstepped his boundaries as set by the laws that govern the profession by entering into the private affairs of Pastor Tom RWAGASANA by publishing articles on his properties and his alleged troubles with SORAS Insurance Company emanating from a bounced cheque. SIBOMANA continued to say that Ingenzi newspaper went on to tarnish the image of the church leaders where it compared Pastor Tom RWAGASANA to Juvenal HABYARIMANA, while it compared Christine MUTUYEMARIYA to AYINKAMIYE. He pointed out that the journalist and the newspaper have particularly singled out Pastors Tom RWAGASANA and Christine MUTUYEMARIYA and subjected them to relentless attacks by alleging that the duo conspired to embezzle ADEPR funds but when you read the articles there is no evidence to back up these claims. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda In issue 60 of the newspaper, SIBOMANA said that the newspaper alleged that ADEPR had been staked as collateral by construction works for their own interests but observed that it is impossible to stake ADEPR because it is a religious institution. SIBOMANA also said that the newspaper alleged that ADEPR operates like a political party, where it has been taken over by the Social Democratic Party (PSD) and on this particular point, SIBOMANA asked the panel to ask the owner of the newspaper what they meant because ADEPR as a religious institution does not belong to any political party. SIBOMANA continued to say that the journalist of Ingenzi Newspaper tarnished the image of the leaders of the church by alleging that the heads of ADEPR put the Bible down and resorted to witchcraft, an allegation which he said strongly tarnished the image of the church leaders. In the same story it was alleged that ADEPR is riddled with sectarianism, nepotism, embezzlement and cronyism among other allegations. In issue 61, SIBOMANA said that on their part as ADEPR, they found that the journalist alleged that abominations have entered a holy place which is not true. On this particular issue, SIBOMANA asked the committee to ask the representative of Ingenzi newspaper what abominations or taboos they were talking about otherwise it can be seen as another attempt to tarnish the name of the church and its leaders. The newspaper also referred to church leaders as ‘Construction workers’ who have sowed instability among over one million Christians, something the church views as yet another attempt incite believers against their leaders. In the same issue, SIBOMANA said that church leaders were described as ‘traitors’ and ‘thieves’, particularly targeting Pastor Tom RWAGASANA, who the journalist alleged that he is wearing robes of a traitor, covered with a coat of divisionism. In issue 62, Pastor SIBOMANA said that once again Ingenzi newspaper went on to compare ADEPR to a political party which was characterised by ethnic divisionism and has a bad record in Rwanda, in a story titled ‘ADEPR to collapse as MRD’. It further alleged that ADEPR still takes orders from its former leader before the 1994 Genocide against the Tutsi who is currently wanted for genocide-related crimes. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda SIBOMANA further indicated that the newspaper alleged that ADEPR has become a haven of terror, corruption, betrayal, sabotage and impunity but the church organisation finds no evidence to back up these allegations but rather sees it as an effort to tarnish the name of the church and its leaders. He pointed out a paragraph in the article where the journalist alleges that Pastors Tom RWAGASANA and Christine MUTUYEMARIYA are not interested in leadership but their goal is to embezzle resources of the church and flee. In paragraph 65, Pastor SIBOMANA said that the newspaper went out of its way by alleging that ADEPR was auctioned off as the leadership watched, an allegation he said was aimed at inciting Christians to get up in arms against their leaders. SIBOMANA further indicated that the newspaper alleged that ADEPR had auctioned DOVE hotel, but these claims were not backed up by evidence. It further alleged that the auction of ADEPR itself was nearing, something which again they see as an attempt to incite followers of the church and an attempt mislead Christians and Rwandans in general who read the newspaper. Pastor SIBOMANA said that they believe the newspaper defamed the persons of the church leaders by claiming that they are embezzling church funds because they are in their last days and one wonders what he means by ‘last days’. ADEPR further contends that the newspaper alleged Pastor SIBOMANA is wearing a robe of lies which he was given by Pastor Tom RWAGASANA, who is also wearing a robe of betrayal and that the duo have vowed ‘consume everything’ Pastor SIBOMANA requested the ethics committee to assess what was reported by Ingenzi newspaper to ascertain if what was published did not contravene the Rwanda Journalists and Media Practitioners Code of Ethics especially in its articles 1, 2, 3, 4, 6, 7, 11 and 14. The Ethics Committee gave NSENGUMUREMYI Ephrem an opportunity to respond to the accusations that had been made against him and his newspaper. NSENGUMUREMYI Ephrem started by requesting the panel to ask Pastor SIBOMANA why he compared Ingenzi Newspaper to Kangura and the committee reminded him that the content in Ingenzi Newspaper issue no. 66 P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda cannot be assessed because the issue was not among the issues raised in the case. NSENGUMUREMYI Ephrem, the Managing Editor of INGENZI was asked to respond to the accusations made by ADEPR in its complaint and he said that while some of the accusations are true, others are false. The panel asked NSENGUMUREMYI Ephrem to explain himself further regarding the accusations, one by one, and he said that they have proof to back up whatever was reported. He said that in circumstances they allege the newspaper hounded Pastor Tom RWAGASANA, they have evidence in form of cheques and the names of the people he signed them for, to prove his misdeeds. NSENGUMUREMYI Ephrem further explained that they deliberately reported using the words “Construction workers” in the story which state that construction workers have staked ADEPR as collateral because they have evidence for that. He said they referred to Tom RWAGASANA as a construction worker because when he is tendering for bids, he does so as a Constructor, not as a pastor. He said they used the derogatory word ‘Umufundi’ which in Kinyarwanda refers to a construction worker, mason or porter because constructors in Kinyarwanda can be referred to as “abafundi”. He said that the word is a general one used to refer to anyone engaged in construction work, even though they might not be site labourers, and this includes entrepreneurs or engineers. NSENGUMUREMYI further contends that they reported that ADEPR was staked as collateral because they have evidence that Pastor Tom RWAGASANA and others staked ADEPR properties at GISOZI to get loans from BRD and BK. On the issue of inciting believers, NSENGUMUREMYI Ephrem said that the issue arose when 10 Pastors wrote to President Paul KAGAME appealing to him to intervene in resolving the injustice they were facing. On the issue of injustice, he said there are some people who have been booted out of ADEPR in an unjust manner. Among those thrown out of ADEPR is BIRAHAGWA Janvier who had written requesting that Christine MUTUYEMARIYA returns the containers she had P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda stolen while a one RUTAGANZWA was fired for stating that stolen church resources should be recovered. The Ethics Committee took a moment to ask NSENGUMUREMYI Ephrem on each of the points raised by ADEPR. The panel asked NSENGUMUREMYI Ephrem why he compared ADEPR to PARIMEHUTU and he said that the PARIMEHUTU he was referring to was not MDR by the one of TWAGIRAMUNGU and MAKUZA. He observed that cases of embezzlement and sectarianism in ADEPR are similar to what was happening in MDR where some people entrenched themselves in positions of power and pushed out others which is a signal of serious problems. He said that when some people start eliminating others, it is a sign of difficulties within. The Committee asked him what he thinks was the reason of side-lining some people and he said that the question should be put to ADEPR leaders. The committee asked him what he based on to claim in issue no. 60 that church leaders visited witchdoctors. He was asked if he was there when they did or whether he saw them with his own eyes. NSENGUMUREMYI said that he does not know what transpired when the journalist followed them but they have evidence even though he is not ready to provide proof at the moment. On that point, the panel concluded that this evidence should have been provided in the report. The committee also asked NSENGUMUREMYI what the journalist based on to accuse ADEPR leaders of corruption, embezzlement, sectarianism, nepotism and cronyism and he said that they based on a letter written by a one MUTAGANZWA on September 10, 2014, calling for an audit into the account books of ADEPR but it was not done. The panel then asked NSENGUMUREMYI if throughout all the published articles they considered giving ADEPR the right to respond to the allegations made against them before publishing the stories and he said that at one time he went there and that he also has text messages they sent him when he tried to make inquiries on the allegations. The ethics committee asked NSENGUMUREMYI to show the panel the said text messages or at least read them aloud and he refused to do so, stating that the text messages are his personal secrets which he cannot share. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda The committee then asked the journalist if there is nothing hidden behind publishing articles about the same topic in six consecutive issues and he said that there is no ulterior motive because there is no law that prohibits a journalists from writing about a particular subject or person, even if it is 100 times. The Ethics Committee asked the Journalist to give the basis upon which they based to say that someone is wearing the robes of a traitor, strapped around with divisions, thievery and other evils and he explained that they referred to Pastor Tom RWAGASANA as a ‘fraudster’ because he defaulted on a bank loan and the bank hanged his name on notices. He wondered what that is if it is not being traitor. The panel further asked the journalist if he is aware that a person is innocent until proven guilty by a competent court and he said that they have evidence to that end to prove their findings. He provided a document to the panel which he said had evidence of what they reported but the committee found that it was only a summon paper which indicated that Pastor Tom RWAGASANA would be informed the reason he was summoned when he comes. The committee again asked NSENGUMUREMYI if he asked the journalist if he has proof to back allegations that NSANZURWIMO was still giving directives in ADEPR and he said that it is the information they have on the matter is confidential and cannot be divulged. He was once again asked what he based on to claim that ADEPR is haven of terror or threats and he said that they made that conclusion based on the number of people who have been thrown out of the church, adding that the manner in which they were booted out was characterised by threats. The committee probed further if sacking someone amounts to terror and he said that threats come in different forms, which were explained in the articles which were published. The panel sifted through the articles to find evidence to back the claims in vain. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda The Ethics Committee asked NSENGUMUREMYI what he based on to conclude that Pastors Tom RWAGASANA and MUTUYEMARIYA embezzle the resources of ADEPR with intentions of fleeing the country and he provided a document which he claimed contained proof to the allegations, which is contained in the story. The panel found that the document was a letter which contained a list of things which can be done in the process to assess the problems in the church but there was no evidence to back the allegations that the duo wanted to flee the country after stealing resources. The only thing to show was the assertion made by the journalist as a personal opinion. The Ethics Committee asked NSENGUMUREMYI what they based on to say that ADEPR was on the auction market and he said that they made the conclusion based on the remarks made by Members of Parliament and that he could not add more on that. On that, he said Pastor SIBOMANA had given a lot of explanations and gave evidence to back up what he was saying. The ethics committee told Ephrem NSENGUMUREMYI that he was requested to submit proof to support what was reported but he decided to keep most of the evidence to himself. He was reminded that professionally journalists are supposed to publish reports with evidence and sources to support whatever is being said, and in the event it is not done, whatever was reported is considered ‘rumours’ or ‘opinions’. The journalist was once again asked what they based on to say that ADEPR as a church has been besieged by abominations and he said that they said that based on the fact that it held a meeting in a place where alcohol is sold, which is unheard of. Asked if holding a meeting in a place where they sell alcohol is a taboo, NSENGUMUREMYI said that instead the question should be put to ADEPR if there is alcohol in the church. NSENGUMUREMYI Ephrem was also questioned about the reports about political parties in church and he said that what was reported was based on the fact that a certain Pastor from PSD, a political party, had been appointed. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda The committee asked him if it is not allowed for a member of a political party to become a pastor and after assessment, it was found that it is not prohibited in any way. The panel asked the appellants their wish and Pastor SIBOMANA said that what they want is to see Rwanda Media Commission instil some penalties against Ingenzi newspaper. Pastor Tom RWAGASANA complemented Pastor SIBOMANA, adding that considering that the newspaper continued to publish slanderous articles even after a case had been filed against it, it is only appropriate that Ingenzi newspaper is temporarily suspended because it continues to engage in unacceptable practices which are against the ethics of the profession and contravene the laws. The Ethics Committee went into a retreat to assess submissions made by both sides and deliver a verdict on April 23, 2015 at 3:30Pm at the head offices of Rwanda Media Commission. III. DECISSION BY THE RWANDA MEDIA COMMISSION (RMC) ETHICS COMMITTEE After assessing the complaint filed by ADEPR against INGENZI newspaper and after hearing submissions from all side; The Ethics Committee based on Law No 02/2013 of 08/02/2013 regulating the media in Rwanda in its Articles 2 (20), 4 and 21; Based on the Rwanda Journalists and Media Practitioners Code of Ethics in its articles1, 2, 3, 4, 6, 7, 11, 14 and 29; After assessing concerns in the following stories which were contained in the complaint: 1. “Tom RWAGASANA” mu mahurizo ane y’ibihe bye bya nyuma muri ADEPR.” (Translated: Four signs to show embattled Tom Rwagasana’s last days in ADEPR) which was published in issue no. 59 of September 04-22, 2014. 2. “Abafundi bayitanzeho ingwate bashaka impamba”. (Translated: Construction workers stake it (ADEPR Church) as security for their own benefit) which was published in issue 60 of Ingenzi Newspaper of October 07-23, 2014. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda 3. “ADEPR: Ikizira cyinjiye ahera”. (Translated: ADEPR: Abominations in the holy house) which was published in issue 61 of November 13-28, 2014. 4. “ADEPR guhirima nka MDR”. (Translated: ADEPR to collapse like MDR) which was published is issue 62 of December 5, 2014 to January 05, 2015. 5. “ADEPR: Abafundi na MUTUYEMARIYA barayigurishije peeee!!! Ubutegetsi burebera. (Translated: ADEPR: Construction workers and MUTUYEMARIYA have finally sold it off, as the government watches. ADEPR to be auctioned soon in the interests of Tom and MUTUYEMARIYA. Tom and MUTUYEMARIYA in their last days in ADEPR” which was published in issue 65 of March 12 to April 5, 2015. Resolved that the stories published about ADEPR INGENZI newspaper contained serious ethic errors which included lies, making false allegations, defamation, libel, slander and propagating or inciting hate, among other things, and above all, the newspaper did not provide ADEPR the right to respond. The journalists failed to honour minimal professional ethics such as giving both sides a chance to speak about allegations made against their name. The journalists also failed to separate his own opinions from facts. Based on the fact that Rwanda Media Commission has on several occasions handled cases involving Ingenzi newspaper in which the publication was found to have committed professional mistakes and asked to apologize and retract the said stories as shown in the cases below; - On July 22, 2013, a complaint against Ingenzi Newspaper was filed by RUTAYISIRE Ephrem and BIZIMENYERA Emmanuel over a story published in issue number 44 which had allegations in the story titled “Umwimukira w’umucikacumu abatwarira umutungo batazi aho awujyana” (Translated: A stranger and genocide survivor defrauds them of their valuables without knowing where he takes them”). The Ethics Committee asked Ingenzi newspaper to rectify that story. - In September 2013, a one KWIZERA Sandra filed a case against INGENZI newspaper, accusing it of defamation and publishing falsehoods and the RMC Ethics Committee ordered the newspaper and the journalist to make corrections and apologise. P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda - On March 24, 2014, Rwanda Media Commission (RMC) received Mr NDEREYEMUNGU Augustin appeal accusing Ingenzi newspaper of refusing to publish a story correcting, rectifying and clarifying the first story which a complaint had been filed, as directed by the Ethics Committee. The committee had ordered INGENZI to publish the correction on January 09, 2014 but it did not do so. Based on the provisions of the Rwanda Code of Ethics especially in its Article appellants, Rwanda Media Commission Ingenzi Newspaper to issue an apology temporary suspension penalty. Journalists and Media Practitioners 29, as well as the request of the (RMC) Ethics Committee has order to ADEPR as well as a two-month This decision can be appealed before Rwanda Media Commission (RMC) within Fourteen (14) days. As agreed, April 20, 2015. ETHICS COMMITTEE MEMBERS: - Commissioner Emma-Claudine NTIRENGANYA (President) Commissioner Dr Raphael NKAKA Commissioner Prince BAHATI P.O.BOX: 2136 Kigali, RWANDA E-mail: [email protected] TEL: (+250) 280078888 www.rmc.org.rw TOLL FREE: 3536 Twitter: @RMC_Rwanda