Opinion: IGP Kayihura court case adjourned as the State suffers to produce key witnesses; also the violent demonstrations against petitioners show the impunity!

Makindye Court 09082016

“If someone files a case against you that you believe to be foolish & lacking in merit, don’t get a mob. Get a lawyer. They know what to do” – David F.K. Mpanga

The Police Brutality case at Makindye Court today where weak and flawed as the IGP Kale Kayihura have for two days now let the people in his honour be able to demonstrate against his courtship. Unprecedented in the Uganda we know today where the Police crackdown on any dissidents and any reactions of the citizens. So the ironic part is that it is a just cause to celebrate and demonstrate for justice for the Police Officers, which brutality attacks innocent civilians. But if the civilians and citizens demonstrate for another cause that isn’t for the state than the Public Order Management Act (POMA) comes to effect immediately.

“Pro-Kayihura placard-carrying protesters inside Makindye court where police boss is expected. Nicholas Opiyo, a lawyer who has been at the court since 6:00AM says the group was transported to the court and “deployed” by the Kabalagala DPC” (NBS TV Uganda, 09.08.2016).

Therefore the case in Makindye Court, we’re profound and important for the Citizens versus the Police. Because the Police is there for the Citizens and not for the Police itself or the ruling regime; the Police might act as an prolonged arm for the ruling regime, but in theory they should represent and secure the safety of all citizens not only the Executive and his NRM Elite.

Makindye court has allowed Director of Public Prosecution to formally file application for consideration to join case as court adjourns to 29th August. IGP Kayihura and seven other officers have failed to appear in court” (NBS TV Uganda, 09.08.2016).

Makindye Court 09082016 P2

So as we speak and nobility of men is supposed to be profound, but that is dimming and getting grounded at Makindye Court as the Police Officers charged never got summoned and the Inspector General of Police (IGP) Edward Kale Kayihura never turned up. As the importance of the matter wasn’t there; he and the Police Officers knew it was fraudulent as all the political cases against opposition in courts this year. Therefore the validity of showing up to it was pointless. The result of it and the determined subject doesn’t need take a stand for the questionable behavior of the Police.

There the Mayor of Kampala who appeared in Court wrote this:

“I can’t believe what am witnessing at Makindye court; total breakdown of rule of law. Now confined in the Magistrate’s chambers as the situation in court’s premises is fluid” (Lord Mayor Erias Lukwago, 09.08.2016).

Lukwago 09.08.2016

The irony about the demonstrators they we’re all shipped in and didn’t become more. As the Police Officers have let them in peace; there is also evidence of that one guy have written the placards with the same handwriting in 5 languages. As the supporters of the Police are hired men who demonstrates; therefore the hired demonstrations are okay in Uganda, but public dismay is cracked down with force from the Police Force. Therefore the Court and Case in the Courtroom today even it if has released or given any indication of justice today.

As the Police gave the Police Supporters leeway that they even went into vandalism and not only threw water on Lawyer Abdalla Kiwanuka, but also went into destroy the lawyers car on the outside of the Court.

The men like Lord Mayor Erias Lukwago and others who went to be witness in the case against the Police have been left behind and under Court Arrest by the same Police Force that we’re in question for their behavior. Also with his is Kawempe Local Councilor Muhammed Ssegirinya who presided with the friends of Lukwago.

“Barricaded in the Chambers of the Chief Magistrates Court of Makindye. Rowdy protesters want to beat up lawyers representing complainants” (Nicholas Opiyo, 09.08.2016).

Reported also be even getting to the Court, there we’re not rumors but in the press that a set of witnesses had backed out of affidavits and their testimonies as the men didn’t show up or wanted to. Because the reports saying some men or woman where paid by the Police to be silenced, if so that is worrying and signs that the Police doesn’t care to what extent they follow orders for the Executive in the republic.

“3 of the 5 witnesses pulled out saying they were bribed to testify” (Nduhukire NTV, 09.08.2016).

Instead of showing up for his court case IGP Kale Kayihura continued with his ordinary work and we’re meeting with foreign dignitaries as the Algerian Police delegation at the Central Police Headquarters in Kampala, as that is more important that actually answering for his misgivings and the brutality from under his leadership. Just like he didn’t care to show up for the Parliamentary Committee recently to answer their either. If you ever wonder if the man thinks he is above the law, the reality is that he thinks he sets the law and justifies it by being the General and Police Commander.

Because of the created havoc on the outside of Makindye Court Lord Mayor Lukwago had to be evacuated by the Police Officers through the Police created protest. The same lawyer of Chapter4Uganda Nicholas Opiyo was saying to the Police it wasn’t safe to leave the premises for him as the demonstrators are in lynching mode.

How Lukwago left the Court:

“VIDEO: Lord Mayor Erias Lukwago has safely left Makindye court under heavy police protection from pro-Kayihura protesters ‪#‎KayihuraInCourt‬ HT/@micoh” (NBS TV Uganda, 09.08.2016)

So let it be known to what extent the IGP Kayihura and the NRM goes to silence the ones questioning them. This happens as the mob of demonstrators are now going against the petitioners who questioning the brutality of the Police towards demonstrators and civilians who pass by Opposition Politicians.  The men demonstrating for Kayihura can throw stones and act as vigilantes without any cost, but if somebody else did for a cause against the ruling regime they would been taken to prison, to court or being beaten senseless in the streets.

This is just not justice for none, not for the citizens and not for the Police. The questions remain if the demonstrators we’re doing for somebody else if they would have done while being guarded by the Police officers themselves. The Justice and rules of law are a charade at this point. The legality and the means of laws to regulate and set the standard for civilian liberty is doubting when the demonstrators works without any sanctions. They we’re shipped by the Police early in the morning and harassing the petitioners after the Court where adjourned. This proves the mentality of the rules and fairness in the Republic. Something the IGP and President Museveni must be so proud of. Peace.  

Press Statement on the Developments pertaining to the Prosecution of Gen. Kale Kayihure and others for Police Brutality (09.08.2016)

IGP Kayihura Press Release 09082016

Besigye visits Rubanda district, says he is still steadfast in his struggle (Youtube-Clip)

The Calvary in massive debt after the General Election of 2016

UPF 11.02.2016 Block FDC P1

Oh Gee, who knew right? Who would have thought that the Uganda Police Force would generate such amount of money trouble that the issue came for the Parliament on the 3rd of August 2016. Months upon Months after the General Election; the costly re-election of the politicized partisan police gets into fiscal issues. After using live bullet, throwing most of Forum for Democratic Change hardliners and candidates into detentions, house-arrest of Presidential Candidates, using the flying squad for house-calls and even monitoring all kind of political activity. Even with the extra budget for military and Police Force for the Post-Election violence; still the tab for the Police Force under Inspector General Edward Kale Kayihura has overspent the cash-flow of the “ministry”.

Who knew right? With the House-arrest the overflowing of helicopters, mambas, tear-gas and newly brought equipment in the docks of Mombasa days before the polls; the man-hours and the expensive new cars for the District Police Commanders, the tab had to be expensive. The paychecks and the little payment for the providing Crime Preventers who knocked down and supposed to silence opposition also cost a buck or two.

New Equipment for UG Police 23.02.2016

The reasoning for the capital are all there, the reminders of the payments for the service rendered. The validity of using fortunes on keeping Besigye and FDC under siege has had its cost. The report in Parliament today we’re staggering Shs. 91 billion in debt for the Police Force. Because of this IGP Kayihura chickened out of showing up and address the deficiency as the meager violent leader he is.

Not to talk about the man hours and cost for keeping opposition youth behind bars, the escalated kangaroo courts up and the massive overload of petitions for freeing the men and woman who got caught. As the spying police forces together with payments for crime preventers and their training facilities before and during election period. The Uganda Police Force must be so proud of their efforts.

The continuing shipment of political activists and the guarding of public schools and hospitals in the districts also cost money instead of catching thieves and the ones doing corrupt activity. This also put on the tab. So the reasons for the overburden of budget and monies are enormous. The ironic thing is that IGP Kayihura who doesn’t like to be put in questioned or monitored; should have some fiscal sense as the Intelligence gathering apparently doesn’t comply to the ways he spends the fortunes on keeping Besigye at bay in his Kasangati home or making sure that Lukwago doesn’t get to deliver his Election form on time. The jollies of being Police Commander in Uganda, I guess.

IGP Kale Kayihura 16.12.15 P2

The ones that should pay this is the ones that have a hard time understanding the cost of operations of this kind, the man that just orders, but doesn’t deliver. The long living and eternal ruler Museveni who the PC Kayihura follows like a blind dog; time to sell a bunch of goats and cows to Salva Kiir of South Sudan, as Riek Machar just stole a bunch from him; I shouldn’t have said it, they might do it at the end of the day. More likely they find a new way of taking the foreign exchange from Bank of Uganda or even steal more from state coffers as they always do. If they didn’t then it wouldn’t be the NRM-Regime and Museveni way.

Those who we’re surprised and shocked forgot the aggravated actions of the Police Force during the elections as they even had pre-ticked ballots in Police vehicles and at Police Stations. The Police is full-fledged part of the NRM-O at this point of history, their violent right hand to fist the public with their batons and throw tear-gas at them. They are just vicious and brutal. Just like their master Museveni who likes guns and cows, but hate opposition. Peace.  

IGP Kayihura internal briefing letter to Police Commander’s on Kifeesi Police Groups in July 2016!

Keefesi letter July 2016

Museveni’s deluded mind on Civil Servants and Police Brutality!

Museveni Kenya Speech 2016

One of these days President Museveni will say something profound and deep, meaningful and deceitful, but until then he is in his ordinary bloated mood where address giant government and to many civil servants; while he defends Police officers with their brutality against the citizens both the President and the Police are supposed to secure. So the nobility and honour of state is not there. Just take a look!

“The President has subsequently tasked former Finance minister Dr Ezra Suruma to lead a study on the bloated public service and associated wage bill and recommend appropriate actions for the government to take. One of the solutions Mr Museveni proposed, according to a source that attended the Cabinet retreat that ended in Kyankwanzi last night, is to reduce the number of civil servants. Discussions at the closed-door meeting were grainy, another source said, after permanent secretaries demanded for a pay rise saying the Shs3 million salary they get is inadequate yet they hold and account for budgets running into trillions of shillings” (Mugerwa, 2016).

Uganda districts

The ironic behind this scheme to cut civil servants is the bloated Parliament with the run-of-the-mill amount of Members of Parliament and the giant Cabinet of the 2016-2021. So the amount of extra paid Government Officials at the highest institution has never been bigger than now. As well as the steady arrivals under President Museveni, that being the extended levels of newly formed districts and sub-counties all over Uganda. In 1980 the abolishment of Provinces and created into districts as there 33 districts in Uganda, by late 2010 the NRM Regime have created 111 districts. All of these created districts are getting civil servants and clerical work as due diligence and securing the districts priority and service delivery in the district.

“In July, this year, particulars of about 5,000 civil servants were deleted from the payroll in a questionable clean up exercise. There are currently some 300,000 employed, with an additional 10,830 pending validation, according to the Public Service ministry records” (Mugerwa, 2016). And there is not weird it is 300,000 civil servants in Uganda, as the bloated government institutions, commissions and institutes; together with schools and making sure the next corrupt scheme from UNRA get hidden, means that the Ugandan Government need more people to run the districts, unless they are just shells of government to create spaces to secure loyalty to NRM cronies and not be a governing facility for the territory or dominion of the locals. But that wasn’t the initial plan for all of the expansions as this was part of grand plan for local democracy and wider-building the Resistance Councils after the bush-war. But if he really plans to trim the Civil Servants, why does he right before election in 2015 adds 25 more districts, one that even his loyal saint Gen. Kahinda Otafiire doesn’t even wanted see the light of day?

UPF Brutality

So now that I have addressed his deluded mind when it comes to Civil Servants, time to take a swipe at his defense of Police Brutality:

“Where the Police are caught in some issues is mainly to do with people like Dr. Besigye. There are other opposition leaders; I have not heard them getting involved in these conflicts with the police. There are there: Cecilia Ogwal (FDC strong woman and MP for Dokolo district), people like DP’s Mao (Norbert, who is the DP party president), the UPCs and others.  The whole thing is Besigye and with his indiscipline and lawlessness” (…) “Where they demonstrating peacefully or they were violent against the Police?  If they were demonstrating peacefully and you attack them then you are not doing your role. But if they were violent against the Police—throwing stones, then the Police will have to react. And one way of non-lethal reacting is what they call baton-charge. This is provided for in the Police Act” (Lamu, 2016).

M7 01.08.2016

What is deluded now? It is that the Besigye by-passers are apparently violent and therefore deserve to be directly punished from the Police Officers with sticks. The issues are that most of them are an ordinary civilian who shows up when the car of FDC’s leader Dr. Kizza Besigye passes by. So by-passers and people’ on the sidewalk are determined to be punished.

What is justice of being a random by-passer to a car with a political opposition and therefore as waving to the noble politician you are quickly harassed and beaten with batons. That President Museveni blames Besigye right away without any checks of the footage or video of it that proves the malicious attempts of injustice done by the officers. Then claiming to be using violence against the police officers… That is just preposterous as this is civilians without any malicious intent. Therefore the grand scheme of things is just like Ntungamo-Clashes where the NRM and Police were not guilty, but the men of Amama Mbabazi and his Go-Forward. Therefore all violence is always other people’s fault. Just like all post-election violence in Kasese and Rwenzori sub-region was deemed to be stronghearted individuals even if the Flying-Squad and Police Officers shot at Rwenzururu Kingdoms Royal Guards in the villages or at the Royal Palace. So the defense of the Police comes out of the mouth from their master, President Museveni! Who defends the Police Officers and blames to citizens who cheers the opposition. This proves the malice intent of the President and silence the public for their appreciation of the Opposition. Think about that for a minute, right? Peace.

Reference:

Mugerwa, Yasiin –‘Government to sack civil servants to cut cost’ (01.08.2016) link: http://www.monitor.co.ug/News/National/Government-sack-civil-servants/688334-3324844-ill9y1z/index.html

Lumu, David – ‘Museveni speaks out on Police brutality’ (01.08.2016) link: http://www.newvision.co.ug/new_vision/news/1431388/museveni-speaks-police-brutality

Uganda: Press Release on video footage that emerged of a police pick-up, appearing to have knocked a man to the roadside (30.07.2016)

UPF 30.07.2016

UHRC: Quotes for a thought; a must read on Human Rights breaches in Uganda!

uganda-masaka-prison

“I had a case of my brother who was arrested by police and was asked to pay UGX 100,000. But after the community meeting by UHRC, I learnt that police bond is free.” A participant in a community meeting in Luweero District (UHRC, P: 64, 2016).

As there been a hectic year for Uganda, with the preparation for the General Election of 2016, the report from Uganda Human Rights Commission (UHRC), should have lots of instances where the breaches of violations towards political opponents and dissidents from the NRM-Regime. As the system is to uphold the status-quo and respect Mzee. I will today look through the Report and find the most staggering numbers and tales. To show what kind of actions the government does against their own citizens, in the name of the Executive and his reign to keep rule all for himself!

Alone alleged violations in Uganda that we’re registered in 2015 we’re “Torture, cruel, inhuman or degrading treatment or punishment” total of 345, “Deprivation of personal liberty/detention beyond 48 hours” total of 247, “ and kind of violation in 2015 we’re 909 to all the offices of UHRC. As seen the registered complaints to the UHRC; the respondents are the once claimed to be responsible for the violations. Here is the one usually behind it:

“The top five respondents over the past six years (2010-2015) have remained the UPF, private individuals, UPDF, local governments and the UPS. In the six years, the UPF had a total of 2,646 (the highest number of complaints registered against a respondent), while private individuals had 1,271. The UPDF had 622; UPS, 205; and local governments, 200” (UHRC, P: 15, 2016). This here proves the level of violations from the Army and Police; the once that are surprised by that haven’t followed how the Modus Operandi of the security organizations in Uganda.

Kakira Prision

One testimony to the UHRC:

“I was told by the investigations team they would follow up my complaint of being detained for eight days at Kakira Police Station. Indeed the Uganda Human Rights [Commission] team did so. I was never at any one point in time asked for facilitation to conduct the investigation until it ended. I now await the outcome of the investigation. By the way, it is upon the Commission’s intervention that I was released immediately. Investigations were conducted objectively and thoroughly to the extent that the perpetrators asked for my forgiveness.” (UHRC, P: 15, 2016).

Second testimony to the UHRC:

“I was arrested by the police from Adjumani Central Police Station on allegations of theft. During detention, my money [amounting to] UGX 200,000 was taken and kept by the police. After conviction and serving my sentence in prison, I went to claim my money, but police told me it was an exhibit in court. When I reported the matter to UHRC, it was registered and investigated and all my money was paid back.” (UHRC, P: 16, 2016).

Complaints completed in 2015:

“In 2015, UHRC closed 382 complaints after investigations. Of these, 287 were backlog files and 95 were fresh complaints registered during the year. 382 complaints were closed for various reasons, including successful mediations, insufficient evidence, receipt of remedy by the complainant, requests from the complainants, referral to other institutions, cautioning of respondent and not revealing any human rights violation. Other reasons included merging of files, failure to trace respondents and death of complainant” (UHRC, P: 17, 2016).

Human Rights 17.11.15

Outstanding compensation from Attorney General to the Tribunal:

“Therefore, the UGX 758,552,86813 that MoJCA paid as compensation to victims of human rights violations in 2015 did not cover any beneficiary of the complaints decided by the Commission during the period 2013 to 2015 (refer to Annex A). As of 31st December 2015, the outstanding awards against the Attorney General was UGX 5,047,671,968 (Uganda shillings five billion, forty seven million, six hundred seventy one thousand, nine hundred sixty eight)” (UHCR, P:31, 2016). Here is the reason for the delayed compensation of the awarded through the tribunal: “Delayed payment of Tribunal awards. Respondents, especially the Attorney General, take long to pay tribunal awards. Although the Ministry of Justice and Constitutional Affairs has argued that this is mainly due to limited budgetary allocations, UHRC has realised that the delay is sometimes caused by the bureaucratic processes that require the respective state attorney to form the first opinion on whether to appeal or clear payment of the award. This has caused untold delays, especially in cases where the state attorney may not be willing to recommend payment of the award, particularly where the Attorney General was not represented during the hearings” (UNHCR, P: 32, 2016).

Prisoners awaiting Ministerial Orders:

“K.S Awaiting ministerial order for 24 years. It was reported that he does not get visitors” (…) “B.E Awaiting ministerial order for the last 15 years” (UNHCR, P: 37, 2016).

Third Testimony:

The human rights training we attended were very helpful. I learnt that when I torture a suspect it is entirely on me and me personally…”said an officer from Kasangati Police” (UNHCR, P: 37, 2016)

A little on how the detainees and Prison conditions are:

Many places don’t have transport for suspects of crime, they are taken random by public transport in places like Kole, Erute, Lira, Anyeke, Otuke, Pece and Kinene. With this result on place as well: “At Kamwenge and Bigere police posts, suspects were transported to court and back on bodaboda at a cost of UGX 60,000” (UNHCR, P: 44, 2016). Also inaccurate salaries and compensation of Police officers: “At Buganikere police post, an officer had not received salary since December 2013 and at Hima police station, five staff members had missed their salary of September 2015. At Rwangara police post, staff could not easily access salary because the bank was far away and they would have to incur transport costs” (UNHCR, P: 44, 2016). Even lacking basic structures is a problem at Police Post, Police Stations and Prison cells: “Detention facilities that did not have adequate water for sanitation and personal hygiene included Kiboga, Kasangati and Rubanda prisons, as well as Buseruka Police Post and Nakaloke and Bunkhongo police stations” (UNHCR, P: 51, 2016). When it comes to sleeping facility for detainees: “UHRC found that 234 out of the 896 detention facilities inspected did not have adequate beddings; so, detainees used either tattered blankets, mats or pieces of papers. This was observed in 41 prisons, 192 police detention facilities and one military detention place inspected. These facilities included: Mutufu and Ngora prisons; Ngai, Iceme, Aber, Kwera and Kangai police posts; as well as Dokolo, Otuke (adult cells), Agawata, Adwari and Olilim police stations” (UNHCR, P: 52, 2016).

AGEWATCH-summary-of-summary

The Senior Citizens Grants for Empowerment roll-out plan:

UHRC noted with concern that although 1.2 million people in Uganda were aged 65 years and qualify for the SAGE programme, only 123,260 were benefiting. However, in August 2015, the government announced the roll-out plan of the SAGE programme to 40 more districts across the country over the next five years, beginning with 20 in the FY 2015/16 and subsequently adding five districts every year for the next four years until FY 2019/20” (UNHCR, P: 103, 2016).

Digital Privacy:

“There were allegations of infection by malicious software of communication devices belonging to various individuals, including journalists, believed to be instigated by state agents.156 It is alleged that once infected with this software, a person’s computer or phone could instantly be remotely monitored; passwords, files, microphones and cameras could be viewed and manipulated without the owner’s knowledge” (UNHRC, P: 141, 2016).

On the General Election:

“UHRC noted reports of the overzealousness and selective application of EC guidelines by the UPF, leading to their alleged interference in and denial of some campaign rallies, prevention of opposition accident victims from accessing a health centre for treatment, prevention of people from attending opposition rallies, violently dispersing opposition rallies and injuring supporters; and the arrest of opposition officials and confiscation of opposition materials such as manifestos. It is worth noting that the UPF took action on some of its errant officers and instituted investigations into the incidents” (…) “There were concerns about the alleged discriminatory nature in the way political players enjoyed rights and freedoms of assembly, movement and personal liberty, which did not, in many cases, favour opposition leaders during the electoral period” (…) “Although UHRC noted positive developments, such as strengthened internal mechanisms in political parties, the successful nomination of presidential, parliamentary and various candidates at the local government, and introduction of new technology, such as SMS and the online system, there were challenges that still hindered the realisation of the right to vote. UHRC also noted that some of the challenges identified during the previous elections, such as the timely review of electoral laws, had not been addressed in the run-up to the 2016 elections. In addition, UHRC notes that there is need to address evolving challenges, such as lack of internal democratic party processes, the emergence of crime preventers and militia during the electoral period, and the varied interpretation of laws, in order to ensure that the right to vote is realized” (UNHRC, P: 169- 172, 2016).

UPF 2008 Torture

Proposed amendment of the 48 hour rule:

“There have been proposals to amend Article 23 (4), which prescribes for the production of a detained person to court within 48 hours from the time of his or her arrest, on grounds that the prescribed 48 hours is insufficient to bring a person to court” (… ) ” UHRC, therefore, recommends that:

  • Article 23 (4) should be retained and priority placed on enhancing the investigative capacity of the Uganda Police Force” (UHRC, P: 203-204).

Uganda Police Force should urgently address the issue of detention of suspects without files. If there are no files or charges against them, they should be released:

UHRC made this recommendation to the UPF in 2013. In 2015, the UPF informed UHRC that police commanders and officers in the Criminal Intelligence and Investigative Directorate (CIID) were tasked to ensure that whenever suspects are arrested, files should be compiled, proper and timely investigations carried out, and the necessary procedure followed to take the suspects to court immediately. With the establishment of the Directorate of Human Rights and Legal Services at police headquarters and the deployment of regional human rights officers in 16 regions, this problem was partially addressed” (UNHRC, P: 223, 2016).

Aftermath: 

Here you saw the definition of Human Rights issues, there we’re even more labor questions and education on Human Rights. The certainty is the levels of force from the Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) that are extending themselves into the citizens sphere and not being there to create security; instead breaching the levels of trust from the security organization and the citizens.

If you feel I left something behind, please put it in the commentary. This is for me the most important details; I couldn’t pick it all; as there we’re many breaches and many questionable actions towards the citizens that could be posted today. Because this is close to 2000 words, but the report are 296 pages. So the amount of details in the report could fill many pages more and a bigger article. This here is just a hunch of the breaches that the government and their institutions are doing, also the missing pieces to the laws and the institutions that’s securing the rights of the citizens. Peace.

Reference:

Uganda Human Rights Commission (UHRC) – ‘The 18th Annual Report of the Uganda Human Rights Commission To the Parliament of the Republic of Uganda’ (July, 2016)

Press Statement: YCC – Camp Hunger Sacrifice on IGP Kayihura (29.07.2016)

Camp Hunger Strike 29.07.2016

Besigye makes appearance at High Court as part of bail requirements (Youtube-Clip)

“Crowds followed the Former FDC presidential candidate Dr. Kiiza Besigye shortly after reporting to the High-court’s Criminal Division to fulfill one of the conditions court set for his bail on release.
This is the first time Besigye is reporting back before the court’s deputy Registrar since his release on bail on the 12th of this month by Highcourt Judge Masalu Musene” (NTV Uganda, 2016)