Kampala — It would be foolhardy for the UPDF whose strength rests on discipline and respect for human rights, to be at the same time a violator of these rights. This is what the Human Rights Watch wants to paint in its 2009 report.
The 86-page report is titled: "Open Secret, Illegal Detention and Torture by the Joint Anti-Terrorism Task Force (JATT) in Uganda."
Before delving into it, let me first point out that the National Resistance Movement/Army's revolution was premised on resisting and stamping out state-inspired violation of human rights using the army, the Police and State intelligence organs during the dictatorial regimes of presidents Idi Amin and Milton Obote. It also aimed at restoring democratic governance and the rule of law.
The NRA, now the UPDF, has upheld those principles to the extent of putting to the firing squad, after a fair court martial hearing, soldiers who intentionally commit grave offences against civilians.
Since 1986, there is a warm friendship between the army and the people. The Commander-In-Chief, the UPDF leadership and command and all the soldiers daily, work to strengthen this relationship. Therefore, when Human Rights Watch (HRW) says JATT, which is part of the UPDF, is violating human rights with impunity, it means that their researchers did poor investigation.
The report states: "Even though most of the country enjoys relative stability, state-sunctioned abuses by security forces and impunity for those responsible continue. Research by HRW and other human rights NGOs found that torture and prolonged illegal detention remain among the most recurrest and intractable human rights violations in Uganda."
It further states: "Between August 2008 and February 2009, HRW documented 106 cases of illegal detention by JATT, ranging from one week to 11 months.
JATT personnel operate in unmarked cars, wear no uniform with identity insignia and do not inform suspects reasons for their arrest. Detainees are hand-cuffed, blind-folded on a journey to a destination of detention.
"JATT does not hand suspects to the Police or court within 48 hours of arrest. Six individuals formerly detained at Kololo had been subjected to 'enforced disappearance' and their whereabouts remain unknown."
It further states: "JATT coerced suspects to apply for amnesty. Many suspects, tired of prolonged detention, applied for amnesty though they were never involved in Allied Democratic Front rebel activities. One who applies for amnesty is not prosecuted but remains stigmatised as a rebel/terrorist."
It continued: "Military and civil leadership with command responsibility over JATT have so far failed to curtail the abuses or investigate in spite of these abuses having been exposed by the media, human rights organisations, the Parliament and even when the HRW wrote to the Chieftaincy of Military Intelligence, Brig James Mugira."
The organisation also reveals how it got its information when it states: "HRW report is basically from interviews of 25 individuals formerly detained by JATT at Kololo and interrogated at CMI headquarters. Interviews were conducted over phone inside and outside Uganda between September 2008 and March 2009 having gone through religious leaders, journalists and local human rights NGOs; and others on treason and terrorism were interviewed at Luzira. Many of those who gave information asked their names not to be mentioned."
Human Rights Watch ignores the fact that JATT has done a wonderful job. Bombings that had scared Ugandans and foreigners are history. Bus and taxi parks had become hot-spot areas. But now people can go about their business without fear of having a grenade hurled in their midst.
It appears that all that concerns Human Rights Watch is that JATT arrests suspects and does not have them handed to the Police and court within 48 hours. But these are sophiscated suspects who are a threat to national security; and have to be handled with care. At one time they were held in 'safe houses' for lack of gazetted facilities for custody of such suspects.
It is also unfortunate that the organisation takes as truth claims by suspected terrorists or their collaborators that they were forced to confess to get amnesty and release.
Oh Human Rights Watch! Don't you find it fascinating that when JATT swung into action and arrested these suspected terrorists and their accomplices, the bombings were no more? If the detainees were not involved, terrorism would have gone on. This is simple logic.
What about forced confession? That is a naked lie. The truth is that some of the suspects have taken advantage of the Amnesty Act to gain their freedom after pledging never to return to terrorism, although some of them, like Isa 'Drago' Kiggundu, went back to terrorism and met their death.
Terrorism in Uganda is at its lowest ebb. JATT should even become more vigilant and not cower down because of half-baked reports, which turn terrorist suspects into saints.
However, we may agree with Human Rights Watch that in case JATT applied excessive force against the suspects, or individuals who committed crime, they should be investigated and prosecuted.
We should remember that getting information from a terrorist suspect is no enviable job; particularly when dealing with people who are not only willing to kill multitudes but themselves as well.
One may wonder whether the victims of terrorism have rights: Did the 80 students of Kichwamba killed in 1998 have rights? Don't their beloved ones have rights? Who must ensure the enjoyment of those rights?
Lastly, Ugandans, who have gone through terrorism, are best-placed to judge whether JATT is a human rights violator or saviour.
Terrorists will always say their rights have been violated. For the few suspects who may have been innocent, we are sorry.
The writer is the Defence/UPDF spokesman

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