Professional Documents
Culture Documents
ar
AUGUST 2018
, A'
Table of Contents
1. Introduction ...................."....'... 3
t
1, Introduction
On the 15tt day of August 2018, the Parliament of Uganda resolved to
constitute an Adhoc Committee to ascertain the condition of the
Members of Parliament and other people with whom they were arrested
on the eve of the by-election in Arua municipality.
On the 14th day of August 2O18, the Minister of Internal Affairs, Hon.
Abubaker Odongo Jeje presented a statement on the security situation
that pertained in Arua Municipality on the evening of 13th August 2018
in which he admitted that the Government had arrested MPs; Paul
Mwiru (Jinja East), Robert Kyagulanyi (Kyadondo East), Gerald
Karuhanga (Ntungamo Municipality), Zaake Prancrs (Mityana
Municipality), former MP Mabikke Michael and several other suspects
allegedly for obstructing the convoy of the President.
On 15tt August 2018, the Leader of the Opposition, Rt. Hon. Aol Betty
Ocan rose on a matter of urgent public importance expressing grave
concern over the condition of the MPs in detention seeking answers from
Government about their whereabouts and physical condition on the
backdrop of reports and graphic images pointing to their gross physical
abuse and severe torture.
,\
3
This prompted a one-hour suspension of House proceedings pending his
feedback.
In his feedback to the House, Rt. Hon. Gen. (Rtd) Moses Ali denied
reports that the suspects in detention had been tortured. He added that
Hon. Kyagulanyi Robert Ssentamu was in Gulu for medical attention and
that he was found with a gun and would be arraigned before the General
Court Martial in Gulu on Thursday 16th August 2O18, while the other
suspects would be arraigned before the Magistrate's Court in Gulu on the
same day.
.A
+
ii) The physical condition ofthe detained suspects,
iii) The charges preferred against the detainees,
iv) Whether the rights of the detained suspects were being respected
4. Methodology
To accomplish the aforelisted TORs, the Committee;
5
5. TOR 1: Whether indeed the suspects in detention were in Gulu
At about 9:00am on 16ti August 2018, the Committee found Hon. Mwiru
Paul, Hon. Karuhanga Gerald, Hon. Wadri Kassiano, Hon, Mabikke
Michael and about 26 othcr suspects at the holding facility for suspects
at the Magistrates' Court in Gulu, awaiting appearance before the Court.
Five of the suspects were women. Hon. Kyagulanyi Robert Sentamu and
Hon. Zaake Francis were not among them.
Later when the Committee met with thc UPDF 4th Division
Commander Brigadier Kanyesigze Emmanuel, he initially denied holding
Hon. Kyagulanyi Robert Sentamu at his barracks, but later implicitly
contradictcd himself. He informed the Committee that Hon. Kyagulanyi
had been brought to the barracks, specifically to the military hospital for
treatment of injuries sustained in a fight with unknown people, Taskcd
to reveal the identities of u,hoever had brought Hon. Kyagulanyi Robert to
the military facility, he referred the Committee to thc Special Forces
Command (SFC) and the Police.
.4.
6
found dumped in the vicinity of Rubaga Hospital 1n Kampala by
unknown people.
However when the Committee later attended the court session at the
Chief Magistrate's Court in Gulu, where the suspects were charged with
the offence of treason, the charge sheet included the names of Hon.
Kyagulanyi Robert Ssentamu and Hon. Zaake Francis as A5 and 46
respectively.
Of the other 26 suspects jointly detained with the MPs, 5 were women. 2
of the women could neither sit nor stand as they groaned in excruciating
pain on the floor of the suspects' holding facility at the Magistrate's court
in Gu1u. They could barely speak. One of the women, Asara Night was
reportedly suffering blood hemorrhage from her private parts. Their
condition was symptomatic of the effects of brute force and savagery
either at arrest or during detention. One of the female suspects informed
the Committee that her baby of barely sixteen months with whom she
was arrested had been left behind in Arua.
IA
7
One of the male suspects, Atiku Shaban could neither walk nor sit and
complained of extensive bodily pain arising out of severe beating while in
detention.
While the Committee was flatly denied access to Hon. Kyagulanyi Robert
Ssentamu while in detention at Gulu Military barracks, it's Member-Hon.
Lubega Medard Ssegonna who together with Hon. Basalirwa Asuman
who volunteered at that time, to offer pro-bono legal representation to
Hon. Kyagulanyi, was later allowed access to him during the court
martial proceedings. This followed an earlier episode where the
Committee and other Members of Parliament were forcefully chased out
of Gulu Military barracks where they had earlier been allowed. This was
on orders of the Commander of the 4th Division army barracks, Brig.
KanyesiS,e Emmanuel.
The two Hon. Members informed the Committee that Hon. Kyagulanyi
Robert Ssentamu was in a terribly dire and worrying state, unable to sit,
stand or speak with visible signs of cruel and brutal treatment, with his
face swollen and a wound to his ear and at the back of his head. The
two (2) Hon. Mcmbers were afforded time by the General Court Martial to
interact r,l.ith him but there was no interaction as he could not speak.
Despite his already dire situation, the Committee was informed that Hon.
Kyagulanyi Robert Ssentamu was still handcuffed in detention at Gulu
\aL
4tn Division barracks and rt'as unconscious during the procccdings of the
General Court Martial.
9
b) Even when he was being arraigned before the General Court
Martial, his wife, relatives, friends and colleagues Members of
Parliament were denied access both to the suspect and to the
proceedrngs of the General Court Martial.
c) The suspect was denied access to his personal doctor even when
his condition was confirmed to be worrying.
10
August 2O18, the same day that the Committee accessed him in
detention at Makindye Military barracks. This was completely
oblivious to the cardinal medical concept of the "Golden Hour"- a
decisive timing in either saving one from dcath or averting
devastating health consequences especially after an injury or
grievous bodily harm.
11
Asuman allowed after iengthy pleading. Not even the suspect's wife
and family members were allowed to wil-ness the proceedings'
court or tribunal from excluding the press or the public from all or
any proceedings before it for reasons of moraliry, public order or
national security, as may be necessary in a free and democratic
society.
The Committee notes that the General Court Martial did not
pronounce itself on barring the public from attending its
proceedings. This decision was purely of the Military at the
barracks,
vi) Article 28 (31 (bl provides that every person who is charged with
a criminal offence shall be informed immediately, in a language
that the person understands, ofthe nature ofthe offence.
However the unconscious state in which Hon. Kyagulanyi Robert
Ssentamu was at the time he was arraigned at the Gcneral Court
Martial in Gulu implies that he could not and indeed did not
understand the charges read out to him. This the Committee proved
on 20th August 2018 during their visit to Hon. Kyagulanyi during
which he was totally unaware of the charges read out to him on the
1 6d, August 20 18.
72
The Connittee obsentes that Hon. Kgagulangi's right to be
informed of the chr::rges preJerred ago;inst him l;lcs therefore
violated,
The Hon. M',r,iru Paul, Hon. Karuhanga Gcrald, Hon. Kasiano Wadri.
Hon. Mabikke Michael and the rest of the suspects were arraigned before
the Chief Magistrate's Court in Gulu, Charged r,r,ith treason and
remanded to Gulu Central Prison till the 30th day of August 2018.
The Hon. Zaake Francis had not been arraigned in court and his
whereabouts were unknown at the time.
13
circumstances ol his arrest in his hotel room in Arua informing the
Committee that;
Upon breaking into his room, the men clad in uniforms of the Special
Forces Command (SFC) found him kneeling on the floor with his hands
up in surrender but went ahead to hit his head with a blunt object that
he suspects to be an iron bar that had been used to break the door of his
hotel room. Thereafter he was severely beaten with gun butts and other
objects he had no knowledge of.
Both his legs and hands were chained. He was later wrapped in a
blanket and driven off to an unknown location as the beating continued.
His testicles were squeezed so hard that at the time the Committee
visited him at Makindye military barracks, he informed the Committee
that one of his testicles smashed beyond existence. He could no longer
locate it within his scrotum.
I His plea to the Committee was the need to save his life. As earlier stated,
the Committee si ghted Hon. Kyagulanyi's private doctors at Makindye
74
Military barracks on 20th August 2018-the first time they wcre being
allowed access to him
While the military may have a high sense of entitlement in politics givcn
the recent history of this country, the actions of Lhe soldiers towards the
Members of Parliament is testimony of the regressive erosion of the
sta ture and dignity of Parliament. The protection of the dignity and
t
15
privileges of the House is an aggregation of the dignity and privileges of
individual Members of Parliament.
76
hearing shall be respected, upheld and promoted by all organs and
agencies of Government and by all persons.
'17
protection from inhuman treatment and Article 221 of the same
Constitution, which provide s that
"It shall be the duty of the Uganda Peoples' Defence Forces and ang other
armed force established in Uganda, the Uganda Police Force and ang other
police force, the Uganda Hsons Seruice, aII intelligence seruices and the
National Seanity Council to obserue and respect human ights and
freedoms in the performance of their functions. "
The Committcc did not find any evidence that the situation in Arua was
beyond the ability and capacity of the Uganda Police Force and therefore
finds the recourse to brute force by the military against civilians not only
disproportionate but also inhumane.
9.5 Conclusion
The Committec is of the considered view that Parliament and
Government does whatever possible to ensure the evacuation of Hon.
Kyagulanyi Robert Ssentamu from Makindye Military barracks that
clearly does not havc thc requisite capacity to afford thc scverely tortured
and incapacitated Hon. Kyagulanyi the rcquired medical expertise to
reverse the damage occasioned unto his body by Ugandan State security
officials.
18
Health and life are preconditions for a fair trial and should therefore be
prioritized.
?h
1,9
ENDORSEMTNT Or. TIIE REFORf, OF'THEADHOC COMMIT'TEEOI{ THE
COIII'ITIO$AITDPI,IGHT OT fIIE MEMBEBS OF PABI,I,ILMEI{Ir A$D
oTTIER SUSFEeTS rl{ DEfEfrTrorB AUGU8T 2O1a