Uganda: Kakwenza Withdraws Torture Case Against Govt From East African Court

11 October 2024

Novelist and human rights advocate, Kakwenza Rukirabashaija, has formally withdrawn his case from the East African Court of Justice.

"Take notice that the Applicant hereby wholly withdraws and/or discontinues the above-described Reference, without leave, in accordance with Rule 61(1)(a) of the East African Court of Justice Rules of Procedure, 2019," stated the withdrawal notice.

The case, filed against the Ugandan government, alleged torture and abuse following his arrest in December 2021.

The decision to end the case follows years of legal battles and appeals for justice.

Kakwenza, internationally known for his novels that critique Uganda's political landscape, has faced repeated confrontations with authorities.

His works, particularly "The Greedy Barbarian" and "The Banana Republic", critique corruption and governance in Uganda.

He has accused security forces, especially the Special Forces Command (SFC), of conducting a violent raid on his home on December 28, 2021, without a warrant.

He alleges that around 20 armed men stormed his residence, damaging property and detaining him without explanation.

"They broke into my house without a warrant, then beat and blindfolded me," Kakwenza stated, recounting his ordeal.

He described being taken in a notorious white van, colloquially known as a "drone," used for alleged regime kidnappings.

Kakwenza detailed abuses he endured during detention, including beatings, sleep deprivation, and other forms of physical and psychological torment.

He directly implicated Lieutenant General Muhoozi Kainerugaba, President Museveni's son, in his mistreatment.

According to Kakwenza, Muhoozi visited him multiple times, warning him to stop writing critically and speaking to the media.

"My detention was brutal. They wanted to silence me, to erase my words from the world," Kakwenza declared, maintaining that his detention was part of a wider crackdown on dissent in Uganda.

The government has denied any wrongdoing, calling the detention lawful and necessary for national security.

Following his detention, Kakwenza was charged with "offensive communication" under Uganda's Computer Misuse Act. However, he contends that these charges were politically motivated.

Despite a court order for his release, he was not freed, revealing alleged irregularities in Uganda's judicial process.

"The court ordered my release, but the government ignored it, proving how judicial orders mean nothing to them," he said, citing multiple court orders that were flouted.

The decision to withdraw from the East African Court came as a surprise, as Kakwenza had previously sought the regional court's intervention to hold the Ugandan government accountable under East African Community (EAC) law.

However, he has stated that his trust in the judicial system has eroded, prompting his withdrawal.

"They have made a mockery of justice. I sought help from the East African Court, but there's no justice in sight," he said.

Human rights advocates have expressed disappointment over the withdrawal, viewing it as a setback in the fight against impunity in Uganda.

Amnesty International and Human Rights Watch have raised concerns about Uganda's human rights record, particularly regarding its treatment of critics and opposition figures.

"Cases like Kakwenza's are not isolated. They reflect a pattern of repression that has no place in a democratic society," a Human Rights Watch representative stated, emphasizing the need for a robust international response.

In February 2022, Rukirabashaija fled Uganda for Europe under circumstances that left many questioning how he managed to travel unchallenged by security and without his passport.

Kakwenza had deposited his passport with Buganda Road Chief Magistrates Court as part of his bail conditions on charges of offensive communication.

Immediately after signing the court documents, new proceedings were instituted at Buganda Road Court to quash his trial and refer his case to the High Court to determine if he was tortured.

Kakwenza's trouble began on December 28, 2021, when he was arrested from his home in Kisaasi, Kampala, and held incommunicado until January 11, 2022.

Prosecutors alleged that he used his X handle (formerly Twitter) to post tweets about President Museveni and General Muhoozi with no legitimate purpose.

In one tweet, he called the president an election thief, and in another, he called Muhoozi overweight and intellectually bankrupt.

Prosecutors argued that this communication was intended to disturb the peace of the president and his son.

Kakwenza, however, claims he was tortured by the Special Forces Command under General Kainerugaba's orders, showing visible wounds on his body as evidence.

It remains unclear if Kakwenza was assisted in fleeing the country or created his own escape route.

In the past, several opponents of President Museveni, including Dr. Kiiza Besigye and General David Sejusa, fled Uganda for their safety, though they later returned while Museveni remained president.

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