UPF Dir. Human Rights/Legal Services, Erasmus Twarukuhwa Press Release on the Private Prosecution Case at Makindye court (11.08.2016)

UPF 11.08.2016 P1UPF 11.08.2016 P2

Besigye: Behaviour of Kayihura supporters at Makindye court is unjustifiable (Youtube-Clip)

“FDC’s Dr. Kizza Besigye has said that his earlier plan to go to the court and watch as Gen. Kale kayihura was charged was thwarted because he received information that the police chief would not show up” (NTV Uganda, 2016)

UPF Press Release on demonstrators at the Magistrates Court in Makindye (10.08.2016)

Polly Namaye

UPF Makindye Court 10.08.2016

Letter to IGP Kayihura – “Re:Notification for Public Meeting at Makindye Magistrate Chief Court (09.08.2016)

Notice to IGP Kayihura Makindye

So the hired Police demonstrators that cause violence is accepted by the Police Commander, but the Political Activist are not allowed to enter Makindye Court today. The Impunity and nonsense from NRM-Regime an Uganda Police Force are shown as the Character of lack of serious morals are unbound by any serious action. IGP Kale Kayihura proves his arrogance and his bitterness towards fellow citizens with this act. Peace.

PS: thanks to Honourable Frank Mwijukye for uploading this online. 

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.  

DPP Chibita withdraws the Charge of ‘Disobedience of Lawful Orders’ tht they had on Dr. Kizza Besigye (30.06.2016)

FDC Besigye Disobey Lawsuit 01.07.2016

No Remedy Mentioned (NRM) is continuing to run, while they block the FDC with the Calvary and in the Courts!

Lukwago 02.06.2016

“Am short of words to express my disillusionment with this level of impunity and bastardisation of the country” – Erias Lukwago

There have been a few nights and few days with sorrow for the Forum for Democratic Change and their leadership, that is far from over, as long as President Museveni and National Resistance Movement exist. So with this in mind, there are still Courtship for FDC MPs, FDC Leaders and Activist that are involved in the Defiance Campaign of the 2015-2016.

Just as the IGP Kale Kayihura written a Motion and Affidavit on the 30th May 2016, as they will continue with the “Interim Ex Parte Orders in AG V. Besigye (Constitutional Petition No. 13 of 2016)”. This happens after the suspended orders went out on the 1st June, as they got this served yesterday at the FDC Headquarter on the 1st June 2016. So with that in mind, the Uganda Police Force together with Deputy Chief Justice Stephen Kavuma, the man who was officiating or swearing-in President Museveni on the 12th of May. In the midst of the period that the Political Party of FDC was sieged and even the FDC HQ was at one point a crime scene by the Police Force.

While Dr. Kizza Besigye who is still in Luzira, was supposed to be tried first day on his “treason charge” against the Republic of Uganda, to be correct dishonoring President Museveni. Since he is such a problem for the state of affairs, he is National Security threat as he can weakens all transport in Kampala, not in the same way as the jams recent days with Turkey VIP Erdogan and South Korean President Park Guen-Hye, as the central Kampala and roads to Entebbe International Airports was closed. The Same Police Force could not also as they we’re on standby for the President and his guest, be able to see the KCCA Councilors and Lord Mayor Lukwago, as another excuse of the matter.

Well, today the Police and Judiciary continues with the struggle against Opposition, as the incumbent Mayor Lukwago had to show up at Makindye Magistrate Court, where 7 persons from FDC was represented to answer to the Interim Order of Stephen Kavuma, but Dr. Kizza Besigye for the second day in row couldn’t be produced to Court.  The action of today’s court was the actual extension of the ban of “Defiance Campaign”. Because Lukwago and Besigye at one-point was charged with “Illegal Assembly” at Nsambya Sharing Hall in 2015; a trial that happen today without one of the main suspects as he is supposed to answer and the continuation of the suspension order of the “Defiance Campaign”.

Museveni 31.05.2016

This happens in the same space as the President Museveni in his speech in Parliament, at the State of the Nation Address, is saying this:

“The only pollution to this glorious and massive Liberation Movement has been the mistake of the careerists introducing the use of money in electioneering.  We shall also struggle against that.  Therefore, democracy is one area where we do not need aid because that is what we fought for here and in the rest of Africa for many decades”.

Ingrid Turinawe 01.06.2016

This happen while certain close in the leadership of FDC Doreen Nyanjura and Ingrid Turinawe was arrested around the Nakawa Court yesterday. While the level of tortured FDC leaders and youths have also been showed to the world in the recent months. As there was at one point a dozen FDC Youth detained in a Container on the Outside of the Rukungiri Police Station, they we’re charged with “Terrorism”. As their leaders was also detained and not charged for days in this May 2016. Hon. Moses Byamugyisha, was working for their freedom for days upon days. As the Police even when Rukungiri Court Order their withdrawal of justice, they still lingered in the Container there.

Now with this in mind, there are still charges on Dr. Kizza Besigye served in Kabale Magistrate Court together with Erias Lukwago, the same is surely also in Kasangati Magistrate Court, where he has served charges against the State for their unlawful house-arrest of Besigye himself, days upon days without charges in February and March in 2016, when they we’re besieging his home in Kasangati in 40 Days straight. Something that IGP Kale Kayihura should answer for!

Besigye Detained

There are reported that Besigye will be produced at the Constitutional Court as they will answer to affidavit of IGP Kayihura as he had intelligence of FDC Supporters was supposed to make problems around Nakawa Court, yesterday, apparently. There are also reports that the Police have sealed of Constitutional Court, as he is set to come there from the Fairway Hotel Junction down to Mulago-Wandegeya routes are closed as the Black Van with Besigye supposed to pass. So that the Judge presiding, surely Deputy Chief Justice Stephen Kavuma will continue the “Interim Order” with the passage of National Security as the DPP Mike Chibita couldn’t produce him yesterday as the passage would counter the news of Turkish President and President Museveni smiling on the front-pages on New Vision today. It would look foolish towards the new donors and allies from Turkey. Therefore they had to wait until today when both Presidents had left the Central Business District of Kampala and could siege the roads for the return of Besigye  to the Constitutional Court, where he last time we’re in late April 2016.

What I expect is that it will be continued as he is now by the Authorities and Legal forces seen as a “National Security” issue and a man who creates havoc and problems. Even when that is not true or proven; as much as the President wants to silence the FDC and hope that the population soon forgets the General Election of 2016 and the shameful rigging of Presidential Election 2016. That with the Army deployment and the continued stronghold of Police, as they continue to detain and harass the opposition, therefore the Democratic Party and Uganda People’s Congress is so silent, except that Hon. Jimmy Akena had to take his last shot at Dr. Olara A. Otunnu and blame him for the election. Not for his maladministration and agreement with NRM led to people despising the UPC, as they are now a branch of the NRM-O.

Fred Ruhindi TV

The Attorney General of Uganda Fred Ruhindi is issuing the extension of the Interim Order today because of this:

“The Attorney General wants court to declare both Besigye and FDC’S defiance activities as unlawful since they are not in conformity with the prescribed processes of challenging a presidential election. In the affidavit supporting the Attorney General’s interim order application, the Inspector General of Police Kale Kayihura says unless court stops FDC’s activities, the country will go back to political unrest and insecurity” (The Street Lawyer UCU, 02.06.2016).

So with this in mind, we know the tale will go, it is not all of sudden that the NRM Regime going to work against itself or going to contradict itself, more than President Museveni does with his speeches and development agenda, as that is the same in 1980s, he just don’t know that himself. The Constitutional Court will today continue to ban the Forum for Democratic Change and their Defiance Campaign as the “National Security” will come first. Because that “National Security” is meaning the continuation of the rigged coup d’état from President Museveni and his NRM Elite have done on the 20th February 2016. So the Police Force and their tear-gas brigade fear the people who supported Besigye and the true state of electoral violence created under their reign and their initial Police brutality against civilians. Therefore the Attorney General and Inspector General of Police wants to make sure he is silent behind bars and that his party is muffled; because if so they can continue prosecuting the leaders and head-activist of the FDC party without interference of the population. That is securing the NRM elite and Ruling Party for continuing with some sort of business as usual.

There is now reports that AG Fred Ruhindi: “Attorney General withdraws application for an interim order (incl. an extension) against defiance” (The Observer, 02.06.2016).  So the hardwork and paperwork delivered together with IGP Kayihura will not be worked on.

FDC Lawyer 02.06.2016

Reasons for why they did so: 

“According to the FDC legal adviser and lawyer Rwakafuzi Radsrus,attorney general sought it important to withdraw the case on grounds that they government could not hold the million people who could invade the court and that even Dr. Kizza Besigye as the accused had written to appear in person without being represented by lawyers. Before at around 02:45 Beisgye’s Ernest Kalibala brought a letter signed by the accused (Besigye) himself requesting for his personal presence as by law for the accused to be available in court on such charges. In a letter signed by the Director Civil Litigation Denis Bireije quotes that under section 2 (2) of the court of appeal rules with orders for the government cost and a copy has been sent to FDC and Besigye Kizza. Rwakafuzi further says that the main application of attorney general seeking for the constitutional court to interpret the laws that ban defiance still stands but that it is useless since there has never been any where the government petitions the constitutional court against its citizens on constitutional interpretations” (Mukose Arnold Anthony, 02.06.2016).

Lord Mayor Erias Lukwago statement on today’s affair:

“Today midmorning, Hon. Mp Bakireke Nambooze, Kasibante Moses, Ssemujju Nganda and I visited Dr. Beside at Luzira Maximum Security Prison. We compared notes on the bizarre political developments in the country, including the current legal gymnastics in courts of law. I was personally shocked to learn that the prison authorities were never issued with a production warrant, requiring them to produce him before the Constitutional Court this afternoon, to respond to the AG’S application seeking to extend the ban on the defiance campaign. Besides, I think it is abuse of court process for the State to seek for injunctive orders against a citizen languishing in prison. Little wonder that they opted to withdraw all such applications. on a positive note, our legal team is working around the clock to ensure that Dr. Besigye regains his freedom. Aluta continua” (Lukwago, 02.06.2016).

Still there are enough cases in courts and acts from the Police, even if they are not officially banning “Defiance” they are still monitoring and detaining FDC leaders and activists. While also silencing the Opposition.  Even with the Defiance Campaign partly legal, it is still court cases and charges awaiting, not only Besigye, but many of the other close leadership of the FDC and the Youth Leaders in the Country.

There are nothing set in the stones that they will act differently, but they will follow orders from up-high and from their President, the man that feeds them and continue to inflict electoral and violations against multi-party democracy to protect their master. That is the only thing they know and they are bending their knees to supply the President with orders and tear-gas to assure that they are silencing the people, who are supposed to be sensitized for his ruling and his vision, and nobody else. That is the KEY to the RESISTANCE of Ugandan politics, to be unison agreement with Mzee Museveni and nobody else. Therefore people like Besigye, Lukwago and other have to be silent or not be questioning Museveni, because Museveni is always right and acting correctly. Even if his speech yesterday proves that even with 30 years in Power and Rule, he has the same problems in the Republic of Uganda, as when he took power. Peace.