Re: Complaint by Hussein Amin (HA/03/2015)

Date of complaints: 5/03/2015

Articles complained of: Obituary Idi Amin published on 18/08/2003 by the Guardian & “Idi Amin’s
son complains about the Guardian’s obituary notice” published on the Guardian news website on
30/11/2014

1. Throughout this decision, Mr Amin will be referred to as “the complainant” and the above
mentioned article as “the article”. Guardian News & Media will be referred to as “GNM”, the
former Press Complaints Commission Code as “the Code”, and the Review Panel as “the
panel”.

The Articles

2. The article complained of is an obituary of Idi Amin written by Patrick Keatley, who was, for
the more than 30 years, the GNM's Commonwealth and then diplomatic correspondent
leaving the paper in 1985. Mr Keatley lived and worked for some time in Uganda during Amin’s
rule. He died two years after the publication of this article on May 9, 2005.

3. The second article complained of is by the Reader’s Editor (RE), Chris Elliot. Mr Elliot produces
a weekly online column (“Open Door”) summarising and commenting on complaints made to
him in his capacity as RE. In the article which is the subject of complaint, he sets out the
complainant’s complaint and his response to those complaints.

The Complaint under clause 1

4. Clause 1 states,
“Accuracy

i)The Press must take care not to publish inaccurate, misleading or distorted
information, including pictures.

ii)A significant inaccuracy, misleading statement or distortion once recognised must

be corrected, promptly and with due prominence, and - where appropriate - an
apology published. In cases involving the Commission, prominence should be agreed
with the PCC in advance.

iii)The Press, whilst free to be partisan, must distinguish clearly between comment,
conjecture and fact.
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 iv)A publication must report fairly and accurately the outcome of an action for
defamation to which it has been a party, unless an agreed settlement states
otherwise, or an agreed statement is published.”

5. The complainant is the son of Idi Amin. He complains that the obituary of his father is
inaccurate and cites 11 statements in the piece which he maintains are wrong. He further
argues that the obituary as a whole is discriminatory. We will deal with each complaint in turn.

“He seized power in 1971 and made himself president”

6. The complainant asserts that rather than seizing power, Idi Amin was appointed by the 1971
military commission. A report dated June 1978 was prepared by Amnesty International (the
Report) into alleged human rights abuses carried out by the Amin regime. Founded in London
in 1961, Amnesty International (AI) is a non-governmental organisation focussing on human
rights abuses. Internationally, it has over 7 million members and supporters and has offices in
80 countries around the world. AI was awarded the 1977 Nobel Peace Prize for its "campaign
against torture," and the United Nations Prize in the Field of Human Rights in 1978.

7. In the field of international human rights organisations Amnesty has the longest history and
broadest name recognition, and is believed by many to set standards for the movement as a
whole. The contents of any report produced by AI, is therefore taken seriously by the
international human rights community. Page 3 of the Report states:
“Uganda's military government came to power by coup d'etat on 25 January 1971,
led by General Idi Amin Dada. Parliament was abolished, political parties were
suspended, and Presidential rule by decree was enacted.”

8. In researching the original complaint the RE obtained a quote from Keesings World News
Archive which maintains an independent archive of articles written about world events dating
back to 1931. Keesings had this to say on Idi Amin’s coming to power:
"Amin seized power in 1971, while Obote was out of the country. In February Amin
declared himself head of state"[sic] "On Jan 26 General Amin declared himself Head
of State"; on 2 Feb he announced that "he had taken the necessary constitutional
steps to confirm himself in power...all powers previously held by the President would
be vested in himself as military Head of State and C-in-C of the armed forces."

It is the unanimous opinion of the panel therefore, that the words complained of are accurate.

“Parliament was dissolved”

9. The complainant argues that parliament was not dissolved by Amin but rather was dissolved
by Obote after his (Obote’s) 1966 coup. Amin never re-instated it and so he cannot be said to
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have dissolved parliament, the complainant asserts.

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10. Milton Obote did indeed take power following a coup led by him. On the evening of February
22, 1966, Obote announced the dismissal of President Mutesa, suspended the Constitution,
assumed all executive powers and appointed Col. Amin to replace Brig. Opolot as Army
Commander. In chapter 6 of “Uganda Since Independence: A Story of Unfulfilled Hopes” by
Phares Mukasa Mutibwa, it is stated that on 15 April 1966, Obote introduced the 1966
constitution in parliament. Thus suggesting that parliament, at least as at that date, was still
in existence.

11. In an essay entitled “The Uganda Constitution, April 1966” by H. F. Morris (writing in the
Journal of African Law, Vol. 10, No. 2 (Summer, 1966), pp. 112-117, published by Cambridge
University Press) he states:
“In February 1966, the Prime Minister suspended the Constitution; the President, Sir
Edward Mutesa (also Kabaka of Buganda) was suspended from the office of President
and certain ministers were placed in custody. On April 15th a new Constitution,
replacing that of 1962, was promulgated. This Constitution, it is stated, “shall remain
in force until such time as a Constituent Assembly established by Parliament enacts a
Constitution in place of this Constitution”.

12. According to Wikipedia, in 1967, Obote's power was cemented when the parliament passed
a new constitution which abolished the federal structure of the independence constitution
and created an executive presidency. Finally, as referred to in paragraph 7 above, the report
also suggests that parliament was abolished following Amin’s coup d’état.

13. The panel therefore finds as a matter of fact that parliament was reinstituted shortly after the
1966 Obote coup. Some may well take the view that the parliament that followed the 1966
coup was more of a puppet parliament than one of true independence, however that does
not affect the veracity of this particular factual assertion. The fact remains that parliament
was re-instated following Obote’s coup and then dissolved following the coup of 1971. The
words complained of are therefore in the view of the panel, accurate.

“The best estimate, from the International Commission of Jurists in Geneva, is that not less than 80,000
and more likely around 300,000…”

14. The complainant states that the above is inaccurate. He says that the International
Commission of Jurists’ 1978 estimate in relation to deaths or the disappeared during the
relevant period, places the figure between 30,000 and 80,000. This, the complainant argues,
is a 200% margin of error, making it statistically unreliable. He further argues on this point
that the AI figure is based on exile organisations, are politically motivated and so are
unreliable.
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15. The author, at the beginning of the sentence makes clear that the figures used are only an
estimate. Also, in the sentence immediately before this one, the author states that the exact
figure may never be known. According to Keesings "Amnesty International's estimate of
300,000 killings is probably as near the truth as we shall ever get." In the view of the panel,
the sentence is an accurate statement on the issue of the number of deaths during the Amin
regime.

“He possessed animal magnetism that he used with sadistic skill with people he wished to dominate…
this magnetism was used as by a snake on a rabbit”

16. The complainant in his complaint form takes objection to these words. He says “What
corroborates this malicious, scientifically unverifiable, devoid of evidence commentary?” The
words complained of are clearly the view of the author and not put forward as hard fact. The
panel considers the words to represent the opinion of the author and so they do not fall to be
considered under clause 1.

“…the victory of this Moslem officer over the Christian patrician ruler of the sophisticated Baganda”
[sic]

17. The complainant states that the above is inaccurate. He asserts that Milton Obote ordered
the attack on the King of Buganda and that Amin was the commander. He maintains that the
religious connotation is therefore void. Finally in relation to this sentence, the complainant
complains that the obituary should make Obote’s role in this military operation clear.
However the author earlier states: “…Obote trusted him enough to put him in charge of the
highly political military operation two years later: the attack on the "new palace" of the
Kabaka (king) of Buganda on Mengo Hill.” So, it is clear to the reader that Amin was following
the orders of Obote when he led the attack.

18. Further, as leader of the operation, it is factually accurate to describe the victory over the
Buganda King as one belonging to Amin. It is also factually accurate, in the panel’s view, to
state that Amin was Moslem and the King was Christian. While the religious differences may
not have been the motivation behind the operation, it is clear from reading other
commentaries about this period in Uganda’s history that many of its political rulers drew
battle lines along, not only tribal divisions but religious differences too. In the view of the
panel the words complained of are accurate.

“The Battle of Mengo Hill, was something he never ceased to describe to visitors like myself, in greater
and more gory detail with the passage of the years”.

19. The complainant asserts that this comment is unverifiable. He says the evidence shows a
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contrary position as compared to that offered in the statement. The evidence relied upon by
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the complainant is that his father offered a state burial to the Kabaka in 1972 to mend

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 relations with Buganda Kingdom, an important constituency, to appease in all regimes. It is
noted that this is not, in reality a complaint about accuracy. The author is offering a personal
view of a conversation he had with Amin about this battle. As stated elsewhere the author
was a respected foreign correspondent of 30 years standing; there is no reason to suspect his
recollection is inaccurate.

20. In any event, the evidence relied upon by the complainant to discredit the assertion made
here by the author, in fact does nothing of the sort. Just because Idi Amin gave the deceased
Kabaka of Buganda a state funeral does not mean in private he boasted in gory detail about
the battle. The giving of a state funeral is consistent with a ruler who has an eye on his political
future. The boasting of the battle in gory detail, fits with widely accepted descriptions of
Amin’s personality and with the undisputed evidence of his own self-aggrandisement in the
many titles he gave himself during his reign. Finally, Amin had a reputation for cruelty. He was
allegedly almost cashiered on several occasions for excessive brutality during interrogations.
The panel therefore find no inaccuracy in these words.

“He claimed to have fought with the regiment in the Burma campaign in the war. This was true of
many Africans, but in Amin's case was an audacious lie”

21. The complainant, argues that Amin’s colleagues in Burma are alive and that he has two
verifiable entries in King’s African Rifles (KAR). Many biographies and commentaries on
Ugandan political history at this time state that Idi Amin entered the KAR in 1946. WW II ended
in September 1945. So it does appear that Amin could not have served with KAR during WW
II as his joining post-dates the end of WW II. However, many accounts refer to Amin serving
in Burma with KAR. For example, the Oxford DNB states "He claimed falsely to have fought in
Burma during the Second World War". So, there is some, albeit moderate support, for what
the author asserts in relation to Amin’s service with KAR. The panel therefore cannot find as
a matter of fact that the words are inaccurate.

“…on January 25, shots were heard in Kampala…Friends found Brigadier Okoya and his wife dead.

22. The complainant states that Brigadier Okoya’s house is in Gulu, Northern Uganda and that his
father, Idi Amin was burying my grandmother in Arua at the same time. Therefore, he argues,
Amin could not have been responsible for Okoya’s death. First, as to where Brigadier Okoya
met his death, it appears to be generally accepted that the assassination took place in Okoya’s
home in Gulu. Gulu is located approximately 340 kilometres north of Kampala. However, it is
the panel’s unanimous view that this is not a significant inaccuracy requiring correction.

23. Secondly the complainant appears to be suggesting that as Amin was in Arua at the time of
the killing, he could not be held responsible. However, it is not necessary for Amin to be
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present at the scene of killing in order to be deemed responsible. In fact, none of the relevant

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 commentaries suggest that Amin personally carried out the killings, but rather that he ordered
them. This, it appears to the panel, fits with Amin’s superior rank at the relevant time. We
accordingly can see nothing wrong with the words complained of.

“Cryema [sic] was executed soon after Amin took power on January 25 1971”

24. The complainant correctly, according to most sources, asserts that Oryema died in 1977
together with Archbishop Janan Luwum. This is corroborated on page 8 of the AI Report. The
words are therefore inaccurate and ought to be corrected, as should be the spelling of the
deceased officer’s name.

“two thirds of the Ugandan army's soldiers, out of a total of 9,000 men, were executed in Amin's first
year of power”

25. In stating in his complaint form that: “same soldiers that “disappeared” then fought Amin in
1979. The returnees were never accounted by Amnesty” the complainant appears to be
arguing that the figures quoted are inaccurate. On this topic, the Report states:
“Very large numbers of Acholi and Langi soldiers and police officers were killed after
Archbishop Luwum's murder. The former Commissioner of Prisons, Leonard Kigoonya
was killed in April 1977.”

And,
“There were several massacres of Acholi and Langi soldiers in the army in 1971-1973
and 1977. Reports state that there was a 'Death List', planned in advance and
organised on a country-wide basis in February 1977, of all Acholi and Langi prominent
in the professions, educational institutions and the civil service. This numbered 7,000
in some accounts…, and in other accounts covered all males between the ages of 15
and 50.”

26. The report suggests that the numbers involved may have been high enough to warrant a
description of genocide. The words complained of are supported by the findings of the Report
and are in the panel’s view accurate.

“I myself had a glimpse of Amin's cruelty and cunning one morning in Kampala”.

27. The complainant asserts that the description given of the incident does not disclose actual
cruelty and suggests instead that the author may have been suffering from paranoia. While
the panel agrees that the incident spoken of does not evidence Amin’s cruelty on this
particular occasion, as stated elsewhere in this decision, Amin’s propensity to cruelty is well
documented. In any event, the author is merely recounting his personal experience during
this incident and the events leading up to his leaving Uganda. All accounts suggest that Mr
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Keatley was right to be afraid and to leave the country quickly; as Amin allegedly started a
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 mass culling of those in opposition to his rule. This aspect of the complaint ought, in the view
of the panel to be dismissed.

The Complaint under clause 12

28. Clause 12 states

“Discrimination

The press must avoid prejudicial or pejorative reference to an individual's race,

colour, religion, gender, sexual orientation or to any physical or mental illness
or disability.

Details of an individual's race, colour, religion, sexual orientation, physical or

mental illness or disability must be avoided unless genuinely relevant to the
story.”

29. The complainant argues that the article is discriminatory and unbalanced and that it seems to
be a deliberate effort to demonize Amin and his mental capacities. That may well be the
complainant’s personal view of the obituary, however that is not enough to bring his
complaint under clause 12.

30. Clause 12 is aimed at prejudicial or pejorative reference to an individual's race, colour,

religion, gender, sexual orientation or to any physical or mental illness or disability. There is
reference in the piece to Amin’s religion, however this is not gratuitous and is in context. There
is no reference to Amin’s colour, and, in any event his ethnicity was well known. The panel
finds therefore that the complaint under clause 12 is misconceived.

The complaint under clause 2

31. Clause 2 states

“Opportunity to reply

A fair opportunity for reply to inaccuracies must be given when reasonably

called for.”

32. This aspect of the complaint is made against the RE’s article. The piece summarises the
complainant’s complaint and the response to those complaints. No inaccuracies are alleged
to be contained in the article. Clause 2 therefore does not come into play as there are no
inaccuracies to which the complainant ought to have a fair opportunity to reply. This aspect
of the complaint is, similar to the complaint under clause 12, misconceived.
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Conclusion
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33. The complaints against the obituary and the Open Door article, are all dismissed save for the
sentence referring to Inspector General Oryema. This should be corrected first, to reflect the
accurate spelling of his name, and secondly, the fact that he died in 1977.

SIGNED

Chair: John Willis

Panel member: Geraldine Prudler

Panel Member: Elinor Goodman

Dated:

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