Hussein Bogere and Lydia Mukisa
24 July 2008
Kampala — A Magistrates court yesterday ordered the immediate and unconditional release of the three Buganda government officials who have been incarcerated in undisclosed prisons countrywide since Friday without being charged.
In her ruling yesterday, Ms Olive Kazarwe, the Buganda Road Court grade one magistrate said the suspects; Mr Charles Peter Mayiga, Mr Medard Lubega and Ms Betty Nambooze, had been detained beyond the permissible 48 hours. By press time, however, the detainees were still in police custody.
"Their continued detention is a breach of the Constitution. I order that they are immediately and unconditionally released from custody," she said, throwing the fully-packed court room into joyous applause.
The ruling followed an application by the three suspects' lawyers to force government to hand them over following the expiry of the detention period. Prior to the ruling, there had been a verbal exchange between the defence, led by Mr David Mpanga and the state represented by Mr James Odumbi, a senior principle state attorney.
Mr Mpanga argued that by any measure, it was beyond 48 hours since his clients were variously arrested in Kampala. "Unless we have returned to the days of Joshua when God made the heavens stand still in order to enable the Israelites win at Gibeon, it is more than 48 hours since Friday (the day they were arrested)," he said.
But Mr Odumbi argued that the suspects were still being held to help with investigations and would be brought back to Kampala and produced in court today.
The exchange originated from the sudden disappearance of Mr Charles Kataratambi, a detective assistant superintendent of police, who had come to swear an oral affidavit. Mr Odumbi failed to convince the magistrate that the affidavit would be presented later in the afternoon on paper because, she ruled, the state had applied for an oral presentation.
When he did eventually appear for cross examination, Mr Kataratambi admitted that the trio were in illegal detention since there is no law in Uganda that condones detaining suspects for more than 48 hours without trial.
Daily Monitor has reliably learnt that the Inspector General of Police has been served with a court order to produce the three suspects. "As of 5pm, there was no compliance (to the order), but let us give the state the benefit of a few more hours," Mr Mpanga said in a telephone interview.
Earlier in court, Mr Odumbi said Mr Mayiga was being held in Kyenjojo; Mr Lubega in Kagadi and Ms Nambooze, was in Bundibugyo. But Mr Lukwago offered a different position in an interview with Daily Monitor. "We are reliably informed that Mr Mayiga is in Ibanda, Mr Lubega in Kyenjojo and Ms Nambooze in Kagadi," he said.
The three Mengo officials were arrested last Friday on charges of inciting violence, promoting war, sectarianism and terrorism and transferred to various countryside prisons.
The Police chief, Maj. Gen. Kale Kayihura, said over the weekend they were being held on charges of promoting war, inciting violence, terrorism and sectarianism. The charges, he said in a statement, relate to their alleged connections with some armed groups he did not name.
Bundibugyo District Police Commander Moses Kafeero confirmed to Daily Monitor yesterday that Ms Nambooze was in his custody. Mr Kafeero said Ms Nambooze has been at the station since Tuesday.
"We have opened a general enquiry file number 507/2008 and CID officers from the headquarters are working together with officers in Bundibugyo to investigate offences of promoting terrorism," Mr Kafeero said.
He, however, refuted claims by Ms Margaret Ssekagya of the Human Rights Commission before Parliament on Tuesday, that Ms Nambooze was ill. "When I see her, she doesn't look to be in bad health but the only thing she has complained about is congestion in the cells and sanitation," Mr Kafeero said.
However, the Regional Police Commander (Western region) Mr Martin Abilu told Daily Monitor yesterday that he had gotten instructions from Kampala to process bond papers for all the suspects. He said, however, he received further communication ordering him to keep them in detention.
The 3rd Deputy Prime Minister and Minister of Information Mr Kirunda Kivejinja told journalists in Kampala yesterday that due to security reasons, Buganda's officials were being held in police stations in Kamwenge, Kyenjojo and Bundibugyo.
Asked to respond to the prolonged detention; the minister said; "Cabinet has this morning directed the responsible organs of the state to expedite their (ministers) cases in accordance with the due process of the law." He carefully avoided referring to the court order to release the suspects. Cornered, he said; "Do you have that court order, he fired back at journalists and added: That one (Court order) we have not yet received".
Buganda Kingdom, which is currently embroiled in a row with the central government over the proposed amendments to the 1998 Land Act, says the charges are trumped-up and intended to humiliate the institution.
Buganda's Emergency Response Committee, formed in the wake of the arrests, claimed yesterday that the central government is "under extreme pressure" to release the detainees. Additional reporting by Paul Amoru & Gerald Bareebe.
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