Opinion: Twine defends extra-judicial killings [stray-bullets doesn’t count… apparently]

Not all killings are offences. For a crime to be regarded as a crime you must establish the ingredient and the intention. A stray bullet does not amount to a crime. If I am targeting somebody for a justification, and the bullet hits a person who is not my target, that is not an offence” – CID Spokesperson Charles Twine (Tabu Butagira – ‘Govt probe report on November riots leaks’ 17.05.2021, Daily Monitor).

The Spokesperson for the Directorate of Criminal Investigations (CID) is saying this. Which is supposed to this: “The function of the Directorate is to ensure effective detection, investigation and prevention of crime”. The CID is supposed to detect, investigate and prevent crime. However, it is not supposed to mask over or skip over crimes.

The CID shouldn’t erase crimes and it should be accountable for the actions of others. That the CID spokesperson isn’t preventing crimes here. It is instead allowing crimes being done. Let me explain this below. First with important codes from the Penal Codes, which is enacted and is law of the land. Especially, with the ideals the spokesperson is putting forward.

187. Manslaughter

(1)Any person who by an unlawful act or omission causes the death of another person commits the felony termed manslaughter.

(2)An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.

188. Murder

Any person who of malice aforethought causes the death of another person by an unlawful act or omission commits murder” (Penal Code – Chapter XVIII, 15.06.1950).

We can easily see here what the Penal Code says about manslaughter and murder, which can be assessed to similar fashion of what the spokesperson is speaking off. He is calling “killings” not “offences” and I will disagree. That is degrading the laws and invalidating it.

The Penal Code is very clear… and that should be important the way forward. He speaks of intention. However, the law doesn’t have any sort of specifics or talk about motivation of the actor. The man behind the gun doesn’t need a motive or even a reason to do what he does. Since a person who causes death of another person commits manslaughter. That is the law and there is no say of intention. Just the result of the act done…. and the sudden demise of someone else. The death of somebody done with a action, which is seen as unlawful.

Therefore, there is no real talk of intention or target. The use of force, the bullet itself and that it kills is the main objective here. The person who does the “unlawful act” is the one in question. The person who kills and shoots the stray bullet. Not that they are targeting or having intentions. That is very clear. There is no middle ground or any sort of mechanism in law, which differs stray-bullets from other bullets. They are both bullets and use of force, which is an act that can be deemed “unlawful” and there be subject to manslaughter or murder charge. That is why the Penal Code says what it says.

It is tragic that the CID spokesperson doesn’t know the Penal Code, which have existent since 1950 and I do. That say more about him, than about me. A killer is a killer, no matter what his intention or act was as long as its fatal and causes the death of the person. Peace.

Philippines: National Privacy Commission orders Jollibee to suspend jollibeedelivery.com amid data breach (04.05.2018)

Uganda Law Society Statement on Attacks on Lawyers in Line of Duty (18.07.2017)

Letter to the DPP from UAP: “Re: Industrial Action from the Uganda Association of Prosecuters” (11.07.2017)

Another Day, Another Bail hearing for Besigye as his treason case is now 413 days old!

To say that Forum for Democratic Change (FDC) leader and former Presidential Candidate Dr. Warren Kizza Besigye Kifefe (as almost everyone knows as Kizza Besigye), knows the court system of Uganda and knows the terms of his proceedings. He is still charged with treason, he was first charged in Moroto Magistrate Court on the 13th May 2016, which means his pending trial has lasted 1 year 1 month and 17 days in total or 413 days to be exact. That is severe violation and his times for bail hearings has been steady since then. Before this at least twice he has already vowed not to come back to Nakawa Court. Which isn’t strange, but that he does again today. Hopefully he will continue with defiance within his own realm, since that is needed. The State is clearly stalling time and keeping him at bay, with the easy monitoring of his acts and appearances all around in the Republic.

Here is today’s statement after being again at the Nakawa Magistrate Court after another bond/bail-hearing:

Some time back, I had decided not to come to Nakawa court, but at that time, my bail reporting which was at the high court (Registrar) was shifted to Nakawa Magistrate Court. I have been reporting here both for bail and therefore for appearance in the Magistrate Court. I think the time has come to also say no to the bail because it is the bail that was still bringing me here. So I have informed my lawyer that I will not come back to this court over this matter. They can cancel the bail, I have no problem at all- they can cancel the bail and take me back to prison if that is their wish. From today, I will not come back to Nakawa Magistrate court for appearance or for bail. I will not appear in this court on 1st, Sept, 2017.” – Dr. Kizza Besigye

All who has followed the situation or understand the simple plain fact, that if the government had a case against Dr. Kizza Besigye, it would been in the works and the bail-hearings would just continue. Since they haven’t really started any investigation or planned anything. If it was so, there would be more collecting evidence against him and the FDC Party. Because if this was a serious case, they would have done more with the first days after the General Election in 2016 and the Swearing-In.

But the Police Force and the State Legal Team hasn’t considered or done so, this has been for a show and been to keep the FDC and Besigye occupied. Not a serious charge, neither an honest investigation into the supposed crimes against the state. If the republic really feared Besigye and though of him as an arch-criminal, they would have made sure he was indicted and gone through the court process. Therefore, the whole operation has been to stop him from working against the state. But not really trying him for treason.

Unless, they have reports and affidavits of the ones knowingly of his acts of treason comes forward, unless the justices and judges are making a case worth damn. Which seem unlikely at this point, since May 2016 has left, the same has May 2017. Its over a year and nothing. Tiwali, non, any kind of way you say nothing. Besigye if he had done anything treacherous they would have actually gotten the intelligence and the culprits together with him. They would have all been soaking time in Nalufenya. Were none of the bandits that tried to counter the state are kept. Certainly a man who does a treasonous usually doesn’t do it alone.

But hey, maybe the Republic and the Courts has some answers for their one period of keeping the suspense and has some secrets at the Okello House, as there usually all acts of the State is sanctioned from. Peace.

Uganda: NIRA – Clarification on Issues Raised in the “Story Panic as National ID Data Stolen” (26.06.2017)

Kenya: Report says that Safaricom is a helpful hand in the breaches of incepting intelligence for the Security Organization!

The international Non-Government Organization Privacy International dropped another gem today with a report on the surveillance and on how the Kenyan Authorities get their ability to get intelligence and how they use the communications platforms to get knowledge. The worrying way is how the Safaricom and the Kenyan Authorities together spies on the population.

This report through different methods and also interviews, as much as people who have worked on the inside has told stories how the Security organization has used the giant Kenyan Telecommunication Company Safaricom. All should be done with court orders, still there are proof now of internal squabble inside Safaricom where there are even undercover agents inside the company. Take a look at key points of the report!

Court order to require Intelligence:

“In practice, if not in law, Kenya’s surveillance regime appears bifurcated. The NIS intercepts both communication content and acquires call data records without warrants to gather intelligence and prevent crime, and police agencies acquire communications data with warrants to prepare criminal cases. If it’s ‘just’ for intelligence, explained one police ATPU investigator, then warrants are not sought: “For the sake of investigations, the DCI [Directorate of Criminal Investigations officer] attached to Safaricom will just give [it to] you… When you take someone to court, you have to make it proper now.” Safaricom stated to PI that they “only provide information as required by courts…and upon receipt of relevant court orders.” (Privacy International, P: 16, 2017).

Internet Providers and NIS:

“One internet service provider recalled the difference between his experiences with the police and with the NIS: “A [police] agency comes to me, and they give me the Occurrence Book (OB) number of the case they are investigating…. The NIS has unfettered access to data.” The NIS simply contacted this operator for the data it required. “They will say ‘give us [data for] whenever X calls Y over this time period’, for example…In instances involving terrorism, no warrants are produced. We have to comply or there is the threat that our licenses [will] be revoked.” A Communications Authority of Kenya (CA) officer confirmed his account: “they’ll get their license revoked [if they do not comply]… If I were them, I’d comply too” (Privacy International, P: 17, 2017).

Safaricom CID Connection:

“The major telecommunications providers have at least one law enforcement liaison, a police officer of the Directorate of Criminal Investigations (CID) on secondment. This analysis focuses on Safaricom, by far Kenya’s most popular mobile service provider with over 60% of the market share. At Safaricom, around ten CID officers sit on one floor of the Safaricom central bloc. They provide information to all police branches” (Privacy International, P: 20, 2017).

“The reported presence of NIS officers undercover in Safaricom and possibly other telecommunication network operators presents serious concerns as to whether any civilian authority or mechanism would be able to effectively oversee the process of communications interception. “The way we know they are here is that they’ll be present, seconded from somewhere else, but then suddenly they’ll disappear,” explained one CA employee. “And then you hear your colleagues saying ‘didn’t you know, that guy was NIS?’ They keep very much to themselves. You’ll even find your boss some time suspecting you of being NIS.” According to sources, by building rapport with civilian officers, NIS are able to informally access communications data. “Of course [the NIS officer in Safaricom] will liaise with the Safaricom engineer… Once there is information that he needs, or that our office needs, he gets in, he talks to the engineer, he is given access,” explained a current NIS officer. “Because in Safaricom, every time you log into the database to check for a certain number, you have to put your code there. … It depends on the rapport he has with the engineers…. They trust him.” (Privacy International, P: 21, 2017).

The use of Safaricom and the surveillance shows the problematic relationship between the government and the private telecom company. That the State Security Agents are not using warrants getting intelligence and private intercepts online shows how little the value of the citizens are. When the government security agents can breach public space without court orders and when they have undercover agents inside the biggest telecom in Kenya, shows how they breach the public sphere to get access and intelligence from the inside. This is a worrying side. Peace.

Reference:

Privacy International – ‘Track, Capture, Kill: Inside Communications Surveillance and Counterterrorism in Kenya’ (15.03.2017)

Besigye not returning to Nakawa Court over the forged “Treason” Charges!

besigye-court-25-01-2017

Kizza Besigye: “It’s costly both in time and resources to keep coming to this court for charges that are not going anywhere. I would like to respectfully tell you that I will not be coming back to this court over this matter” (NBS TV Uganda, 25.01.2017)

It’s been now months upon months end. He has been back and forward between the courts and the prisons to address a treason charge that has gone nowhere. It is in the air, but not letting the man himself breath. The man we are talking about is the Forum for Democratic Change (FDC) Dr. Kizza Besigye get rest.

The Police Force and the legal instruments continues to pound on the man, they continue to fling his flesh into court, without new evidence or affidavits to salvage a case; therefore the preliminary acts should be to dissolve and stop working on the case. Stop wasting time in the courtroom and use of space for real cases of breaches of law. That is not something the National Resistance Movement regime has any indication of caring about. They just want to silence the Opposition leader and continue to keep him at bay. Since he has bail-hearings coming every month at the Nakawa Court and the Kabale Magistrate Court that still works on forged case since Walk to Work demonstrations back-in-the-day.

They are continuing to issuing new legal breaches without evidence or any concurring acts of evil intent. This is happening on a basis of silencing him and stopping him from having an ordinary life and stopping his work as a political figure in Uganda. That is the real wish of the Courts and the NRM Regime. To stop Besigye from acting and talking, questioning and achieving the dismantling of their rule.

The ploy and gig is up. It should be in the wind. The horns of deluded mindful ignorance of the ruling regime should be stop and the curve of just rule should appear. However, the reality is that FDC and Besigye can still get under hot water and taken by the law without any consideration.

We are here at a crossroad or junction where the fraud and fiction is more close to the reality than the truth and facts. If mere facts, evidence or even affidavits actually presented to the court, if witnesses and proof of the alleged crimes had materialized to the court. Than the case would matter and the alleged treason charge would mean something. However, at this point it don’t and it doesn’t, it is mere fiction from the NRM regime. A tale of long standing grievences against the opposition and their leaders continue with impunity and injustice. Peace.

Opinion: Tired of the ‘last words of Mwenda’ against the FDC and Besigye!

mwenda-lastword-banner-3

Mwenda, Andrew Mwenda the Independent Magazine owner and editor, the man who knows all about how to rant against fellow political opponents, than a month later praising them, like they are the next one to save the world. In one week Museveni can be the worst and the other week he will be the hero. The same is with the Forum for Democratic Change and Dr. Kizza Besigye, all through December 2016 and this beginning 2017 his focus has been bashing on Besigye like he is AIDS.

Mwenda has a fetish or worse a deluded mind where he uses all kind of words to address why Besigye isn’t the President, without considering the fact of the power of ‘the old man with the hat’. The editor rant is about the organizations, the loss of local elections and the losing of presidential election going back to Dr. Paul Ssemogerere of the Democratic Party who ran against President Museveni and all of his campaign we’re filled with attacks and brutality. Just like all of Besigye’s has been, it is a reason why he is for the second time in his life-time charged with treason against the Republic. All of those explanations vanish like water meet the heat of the sun and becomes part of the air.

Mwenda’s rants concluded with today’s word calling FDC a Cult on Facebook. Where he was calling literally Besigye a Cult leader, because Mwenda has to grind out every little bit of anger into the public sphere. He added videos of the inauguration of Nana Addo in Accra where Besigye we’re invited, Mwenda had this to say about the Ghanaian President speech: “In these two videos, newly elected Ghanaian president, who invited FDC cult leader to his inauguration, parrots the inaugural speeches of Bill Clinton in 1993 and George Bush in 2001. Besigye’s 2010 manifesto copied David Cameron’s Conservative Party manifesto almost word for word” (Mwenda, 08.01.2016). So his words are saying itself how he has to attack the man for attending and being invited while Museveni is busy bodying himself to drop “Presidential Handshakes”.

Ferry for Besigye to Busuga 16.11.15

“Besigye’s despotism in FDC:

Earlier in the day he wrote this too against Besigye: “Most of the FDC leaders i have interviewed ran away from NRM after witnessing the same trend. Now they say that compared to Besigye and his FDC fanatics, M7 and his NRM look like the best democrats one can find. In short Besigye had established a ruthless and intolerant dictatorship over the FDC and now relies on the cult of personality rather than on institutions to govern” (…) “While Besigye fanatics claim I have been hired by NRM to tarnish the name of their cult leader, the information I post here is always supplied to me by the top ranking members of FDC who want to rescue the party and Uganda’s democracy from the tyranny of extremism and the despotism of Besigye” (Mwenda, 08.01.2017).

So he continues his rants, his words of direct attack, as there are rare breed and the Besigye is giant problem. Besigye is the reason for the losses; Besigye is the reason for everything. If it rains it’s Besigye, if it snows it is Beisgye, if it is wind it is Besigye and if it is sun by all means it is Besigye. That is how you can talk in the sense of Mwenda. He is the weatherman who always will pin the blame on Besigye, and by all current codex or modus operandi it will be boiled down to Besigye. Nobody else, the others are needed props in tale of fatigue, lacking organization or even repeatedly popular personality of Besigye. Instead of asking why was there yet again Primary Elections where Besigye won over Gen. Mugish Muntu. Something that didn’t happen in the Movement, where Museveni where sole-candidacy for Presidency and Mbabazi wasn’t allowed to run against him! Something that Mwenda wouldn’t mention, for one simple reason, it will blow his mind and lose his marbles. Mwenda will be little prick who thinks he is a genius, but misses key aspects of matter. Like you need water or milk to drink tea. You can try to boil coke, but the tea will not mix well, but boiled milk or water will make a perfect blend.

Mwenda’s rants are now pointless and personal, like vendetta against the FDC and Besigye. Like he has to attack them! He cannot do anything else, if not he loses his mind. I know I write against Museveni a lot too, but usually with context of economy or recent acts, but Mwenda recreate the election and the internal organization of FDC without caring about factors that are put into play with no regard of the political status in the Republic. FDC are not alone on the losing end of Movement, but Mwenda acts like they are the only one, there is UPC, DP, Farmer’s Party, TIC, UFA and so on.

Kisoro FDC 01.02.2016 Muntu Rally Police

Like yesterday’s rant: “Besigye die hards are either cowards or hypocrites or both. While they make the loudest noise on how they are ready to die for him, they have done nothing (except for insulting critics on social media) to prove they are worthy of their claims. Each time Besigye goes to town, Kale Kayihura sends only eight (8) police men who pick Besigye like chicken, bundle him over a pickup truck and take him to police as these “ready-die-for-our-man” fanatics watch helplessly” (Mwenda, 07.01.2017).

He goes again into insults not only Besigye, but his supporters, because what else there to do. Because he doesn’t have a valid argument as long as he is putting FDC and Besigye in vacuum, the same kind of empty hole his arguments and reasoning is for the moment. 2017 stroke Mwenda and his mind went haywire. To prove the nonsense of this man, let’s take a piece of the rant of the day before:

“Over the last 16 years, Besigye has concentrated all the meager resources of the opposition on one singular objective, to capture the presidency. Yet we all know that maintaining the presidency is the most important objective of M7 and the NRM where he has concentrated most of his resources” (…) “Now FDC is much weaker relative to NRM. Not only that. NRM is also backed by the power of the state. By concentrating all opposition resources to attack NRM at its most fortified position, Besigye has expended his meager resources to secure an objective where he has the least chance of success. This is a strategic blunder” (Mwenda, 06.01.2017).

The relative argument itself is disgusting, because even if NRM is a ordinary party as Mwenda make it seems, it still is freighting how little he consider how the ambitions are under siege in the NRM, therefore handpicked and rigged members are becoming leaders, but that part of the argument is lost on Mwenda. Because that makes NRM more fragile than Mwenda wants to say. As well as the FDC primary model is better than NRM, though not perfect it still are more democratic than NRM ever will be. Another reason why the debate of Muntu and Besigye in the FDC are a valid one, directly opposite in the NRM where there is no discussion if VP Edward Ssekandi or PM Rukhana Ruganda will ever challenge Museveni. But that is a silent and a mute-point. If doing so your devaluing the epitome of all Ugandan wishes is to have Museveni for life as the chairman of the Movement and Executive of the Republic. Another thing, Mwenda doesn’t have the balls to connects when taking in consideration the stalemate in FDC and in other parties. In a state where it isn’t really democratic, in the sense that NRM are rigging when needed to control the Parliament and all other political offices in the country. The rest is just a front. Strange that Mwenda cannot mention that either. But that is another illness, that his eyes looks away from.

The flawed and the lost plot, is why all of sudden has went into mayhem and going all in to attack FDC and Besigye, Mwenda seems like only dreaming and thinking about them. That is the only thing that boggles his precious minds and the only discussion he can have in the Independent Magazine, as the other obstacles of the Republic can be redundant.  Peace.