MinBane

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Archive for the tag “Rule of Law”

ICC: Lessons learned from the Kenyatta Case of 2011

The Internal Investigation of the botched International Criminal Court (ICC) case of the ‘Kenyatta Case – The Prosecutor v. Uhuru Muigai Kenyatta – FORMERLY – The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, ICC-01/09-02/11’, which the investigation started in Kenya in October 2010 and failure to produce anything binding or to justify the charges against them. So the charges was dropped by 2013 and 2014. While the whole case was terminated by March 2015.

Now the ICC has suddenly dropped an statement into their internal investigation into why it ended like this. Even if they have the warning, of if any of the judges get new evidence on the case. They might re-open it. However, what this states is very serious and the acts done to interfere in the investigation. Says also a lot, also about the shortfall of the jurisdiction and help from the government of Kenya. Which isn’t weird, as the state was investigating the President and allies of him. They don’t want any issues with an foreign court. That is all natural in the scheme of things.

Just look here:

The prosecutorial process in the Kenya cases, the experts found, was hampered by deadlines set by the first Prosecutor that were based on considerations other than what they considered to be sound prosecutorial practice. In their view, the effectiveness of the investigations and prosecutions was significantly undermined by a “decision over assessment” tactic respecting cases and a target-based – as opposed to evidence-based – approach to investigation and charging. This, coupled with other problems, meant that the prosecutions were burdened with weak cases, relying on one or only a small number of insider witnesses – whose evidence could not be independently verified by the OTP – to establish essential elements of the case” (ICC, 26.11.2019).

The key point concerning the Government of Kenya was the OTP’s delay in seeking the assistance of the Trial Chamber to compel cooperation, resulting in part from the contradictory approaches advocated by JCCD and PD (that is, continue to try to persuade the authorities to cooperate versus applying to the Trial Chamber for a finding of non-cooperation against the Government, respectively). This lesson has been taken on board. The OTP also has a range of strategies to secure cooperation from States Parties and situation countries, and these are still evolving” (ICC, 26.11.2019).

The investigations were further undermined by the decision to delay in-country investigations, which did not take place until after the CoC hearings. Unfortunately, after those hearings, investigating in Kenya became much more difficult: support for the ICC among Kenyans had been eroded by a concerted campaign of negative propaganda; OTP personnel were followed, putting them and anyone they contacted at risk; the witness interference orchestrated by the suspects/accused became even more pervasive; and the Government of Kenya (GoK) became even less willing to co-operate, if not actively interfering with OTP operations and witness security” (ICC, 26.11.2019).

As noted above, the GoK did not support the OTP investigative activities, instead it either allowed interference with witnesses inside and outside of Kenya and with OTP activities in Kenya, including surveillance of OTP investigators, and/or may have been directly involved in such interference. It refused Requests for Assistance (RFAs) thereby hampering the OTP’s ability to access potential evidence, or imposed such conditions or access as to, in reality, make that access so cumbersome as to be unworkable” (ICC, 26.11.2019).

We can see the ICC started this out on the wrong premise and lost because of it. They couldn’t present well enough evidence, either because of the deadlines. Nor the way the small pockets of witnesses was silenced. This was done, as the ICC haven’t secured them or ensured their safety. This was a mismanaged approach by the ICC and the ones seeking justice on this case. The Kenyatta case was finally dropped, because the ICC and their partners hadn’t done their job, neitehr had the Government of Kenya done its either. Therefore, this one got stalled and the charges got dropped.

Like the charges against William Ruto, Joshua Arap Sang and Uhuru Kenyatta. This was done because out of the 10 witnesses supposed to be put forward, only 5 showed up. That means the prosecution and the material they could assess wasn’t substantial enough nor digging deep enough. The ICC didn’t do their work and the Kenyans was doing internal actions to ensure the ICC didn’t get a case to begin with. They silenced the witnesses and intimidated the ones who could have come forward to the ICC.

This should be a lesson for the ICC. That to quick deadlines, not enough work with the coordinated leadership of where they charging people and get the proper jurisdiction might be more important. As they couldn’t do their job, as the Kenyans was putting hampers in their way. Next time find out ways to secure the witnesses and the affidavits to collect evidence before they are afraid of testifying. Peace.

Kawooya admitted to Kampala Hospital after getting bond: Police Brutality as its worse!

On Thursday the 18th October 2018, in the middle of the street and while people where watching in the street. Armed men was using their guns to hit individual there. His name was Yusuf Kawooya a Young Uganda Democrat (YUD) Member. This was a fierce arrest on Colville Street near King Church in the midst of Kampala. The video of the arrest went viral.

While he was taken for unknown reasons and was arrested with mere brutality, later found out the same people left him detained at the SIU Kireka. Which is sort of the new Nalufenya. The place where you sent when your really into trouble and has issues with the state. Even if Nalufenya is closed, the practices of that place lingers on. The torture and pains of people are evident.

The Police and the Security Organizations of the state was really at it, as the Chief of Military Intelligence (CMI) officers was behind the arrest and detained him. Where they went in on him, apparently. Since on the 24th October, he was released on bond by help from MP Michael Kabaziguruka. So, that he gotten free, after they did all of this, because the Security Organizations alleged that Kawooya hit on Presidents car, when he visited Owino Market on the 6th of October 2018.

This seems more like an attack on the YUD member, which was deliberate and made to show a signal, that he was a “Bad DP”. Like the President has talked about in the past. They sent the men to the streets, they hit with their guns and now after days in arrests. He is released and has to get specialized treatment at Kampala Hospital. That is what the state does to you.

Yusuf is yet another example, in a long list of political operatives who are badly hurt or in constant distress, because of their political affiliation or their message. Something, that has been actively done against the opposition. There are so many walking with Cains and Wheelchairs because of their political stance. That it shows their battle against the dictatorship, as they are victims to his oppression and lack of tolerance.

What we have seen today, is that the victim and not even a prosecuted felon. Has been tortured by the state officers and on bond. Because they think or alleging crimes on him. There is no proof of it, therefore, this a political act to spread more fear. As they did it publicly and has shown no signs of truthful exercise any legal remedies or trying to tell the public what went down. This seems like a show of force and not of an arrest.

This is a bad sign and shows how impunity and lack rule of law. When the ISO, CMI, Special Force Command and other Security Organizations can do this to civilians and get away with it. That he is out on bond is good, but still. With this sort of state, they will pursuit him and prolong the case for years if needed.

Yusuf will be picked up again. Maybe not early, but later. This is not over. Another proof of the violent tyranny of Museveni. Peace.

Today, armed men tortured a civilian in the midst of Kampala!

The Ministry of Peace concerns itself with war, the Ministry of Truth with lies, the Ministry of Love with torture and the Ministry of Plenty with starvation. These contradictions are not accidental, nor do they result from from ordinary hypocrisy: they are deliberate exercises in doublethink”George Orwell (Published in 1984).

Today’s leaked video from Kampala, is the second time in a short time where either Security Forces or trained military men are using weapons to torture people. Last time it was CMI (Chieftaincy of Military Intelligence) Officers or ISO (Internal Security Organization) who was beating up soldiers in Bugiza on the 12th October 2018.

Now, today, there is another one video leaked, as the plain clothed men in broad daylight was hitting on a civilian with their weapons in the ribs. before they abducted him into the car. Clearly there is something sinister going as these men was allowed to do so. Just like the men in Bugiza who was Security Officials beating the suspects up in cars.

The report from the street is this:

During a broad daylight in Kampala city, Uganda near Theatre Labonita. First tortured and later driven away in a PSV vehicle registration No. UAF 325 S to unknown destination” (Aaron Ainomugisha, 18.10.2018).

There was plenty of witnesses of this crime done in the midst of Kampala. We don’t know which organization they comes from and why they picked this man up. This is mere violence, an expression of the lack of procedure or rights for the people. As the Security Officials can beat on you for no reason and take you to an unknown destination. When they can hit you like these gentlemen did with their weapons. Who knows what they will do to him in the car.

This sort of leaked video of the horrific scenes shows the blatant impunity that is happening in the Republic. That they were allowed to do this and it is terrifying that this is happening. This is a sign of free rampant display of possible state sanctioned violence. That not even the ending of the power of Boda Boda 2010 could stop. There are clearly more groups who are allowed and you can wonder where these people reside. As they we’re allowed to do this in the midst of Kampala.

That the security and the lack of respect of people’s value are evident. As this was mafia style of sanctioned violence, as they were beating on him and shown the people who was ruling. Before riding away in the Toyota Hiace type of car. Looking like any random taxi in the Old Taxi Park.

Therefore, this shows that the army, the police and the government are letting violence get out of hand. This is the second time within a week these sort of videos has leaked of security personnel violently attacking people in public. Who knows what happens behind closed doors. We known some of safe-houses and Nalufenya, but who knows what is hidden behind the surface.

What else sinister is going on to the enemies of the state and the ones who are in the way of the elite and the ruling regime. Peace.

Tanzania: Ministry of Health letter to USAID – “Re: Cancellation of Broadcasting of Radio and TV Sports for Family Planning” (19.09.2018)

Amnesty International Report of 1978 could have been rewritten for Museveni in 2018!

Today, I am just showing some quotes and small fragments of the Amnesty International Report from June 1978. This report of the atrocities of that time shouldn’t be repeated, but because of the bush-war should have been eradicated. Instead, the rulers and the regime are continuing their works. Maybe not as violent or to the extent, but there is still civilians dying so the National Resistance Movement (NRM) and President Yoweri Kaguta Museveni can continue to rule indefinitely.

The NRM today used the Presidential Guards or the Special Force Command to intimidate the public, as they were starting to demonstrate in Kamwokya, as Robert Kyagulanyi aka Bobi Wine was first blocked from leaving the Republic for medical treatment. He has later been allowed to leave, but Hon. Francis Zaake are still lingering in police custody at the hospital. Both of them after being tortured by the Security Officials. There was others who was hurt in the violence and torture by the authorities needs treatment.

The other fitting paradigm of the previous dictatorship under Idi Amin, was the use of Military Tribunals or Military Tribunals on civilians charged with treason. That has happen over time under President Museveni. Other similarities that is mentioned are the violent arrests and bundled into the back of the trucks of vehicles. That picture has been more and more common, as people are rioting and demonstrating. Therefore, there are more and more signs that the liberators are looking more like they predecessors.

Just read this quotes:

The effect of this structure of repression can be said without fear of exaggeration to have transformed the whole society in a short period of time into a ruthless military dictatorship marked by arbitrary arrest, torture, murder, the removal of virtually all fundamental human rights, the terrorization of the population, the turning of tens of thousands of Ugandans into refugees” (…) “Any security official is empowered to “use any force he may deem necessary” to arrest or prevent the escape of anyone suspected of kondo-ism (armed robbery, which carries the death penalty).3/ This supports a policy of “shooting to kill” on mere suspicion of kondo-ism, which is frequently used to justify arbitrary arrest or murder by security officers, whether in uniform or not. This was the case for example with the death of Makerere University student Paul Sserwanga” (…) “Military tribunals, originally confined to judging

cases within the armed forces, are empowered to try civilians accused of capital offenses such as sedition, subversion or treason” (…) “Victims of arrest by the security forces are normally bundled into the back or trunk of a security forces’ vehicle, Arrests are carried out by different branches of the security forces who normally take victims to their own headquarters” (Amnesty International, P: 2, 4, 6, 1978)

I don’t feel the need to address it again, As the state of affairs is like this. That the militarism of Museveni, could have its roots in the Amin and using same methods to intimidate and control the public. If he was a real freedom fighter and someone who fought for rule of law. Why use the same tactics and same means to silence critics and population in general. Because if they stood in the way of Amin, it would cost and President Museveni shows that it can be fatal in his rule too. Therefore, the world should know, that they supports same evils, but with just different flag at an another time.

The United Kingdom and United States, should be concerned that their arms and weapons are used against the public, as the state using the tricks of Amin. It is just ones of the fellows who toppled him, who later had his major movement in 1986 and stayed since. Instead of bringing new fresh ideas and actually changes of ways to govern. It is more of the same and the population deserves someone who represent them and actually be there for them. Not just use military force to prove you have the rights to rule. Peace.

Reference:

Amnesty International – ‘Human Rights in Uganda Report’ June 1978, England, United Kingdom

Is President Magufuli afraid of statistics now?

The Chama Cha Mapinduzi (CCM) and President John Pombe Magufuli who has done his to silence critics, media and opposition politicians. Now, he is starting to control the Education Sector or the Higher Education, as the ones doing surveys and research now with the amendment of the Written Laws and the Principal Acts, Amendment 31. which will stop you from publish any data without permission. Secondly, the same folks cannot publish the data- or statistics even if it truthful, when it differs with the official government data. Therefore, the truth always has to be similar to the government and not be separated from that.

The CCM and Magufuli must be afraid of what the NGOs and Higher Education are doing, as they want the National Bureau of Statistics (NBS) has to decide if their survey or study is even truthful compared to the numbers they have crunched. They are not accepting the works or the analysis of others. As they might find out that the beans-production isn’t as good as the CCM wants or even the inflation in the coastal region compared to Moshi.

That the ones publishing a statistics or data without the permission from the NBS will get a possible fine of 10 million shillings. They are really afraid of the statistics that doesn’t fit the narrative of CCM. They are already afraid of the Social Media, the bloggers and the newspapers, they have suspended people for writing songs and politicians for calling Magufuli a dictator. He really has to take the pulse on everything.

This shows how bad and how weak the President is. He cannot even trust the educational or the ones surveying the land, as they will belittle his ego and his reputation. He has to be the grandest man ever residing in Tanzania. Magufuli has to be praised and loved like a genius. Even if he is far from it. Is he afraid of academic researchers?

Have they shaded him so much, that the lack of economic progress or even keeping up with his own pledges, become so bad he has to secure the data the Higher Education and the NGOs are creating? Unless, they fit the narrative of the CCM?

That is what I am getting out of this. The Tanzanian government are afraid of researchers, NGOs and the educational surveys, that might find results that doesn’t fit the President and his party. That is why he has to say: “no, you cannot publish that”. That is what he is up too, because he cannot have statistics showing the reality, he needs numbers that are fitting him. Good to know how tin-skinned the man is. Peace.

President Magufuli how thin-skinned are you?

Goebbels was in favor of free speech for views he liked. So was Stalin. If you’re really in favor of free speech, then you’re in favor of freedom of speech for precisely the views you despise. Otherwise, you’re not in favor of free speech.”Noam Chomsky

President John Pombe Magufuli have now asked and an inquiry into the popularity of you as President. This was made by Twaweza in 2018, to show how his popularity have gone. Because of the reaction from the public. The results from the survey was negative going from in the 96% favorable in the 2016, but in 2018 it is down to 55%. So he had lost over 41% ratings as proven by their survey.

That is clearly insulting to the big-man and his thin-skinned ways, if your write articles questioning him. Expect your paper to closed, if your blogger expect to pay and ask for license. Therefore, the crack-down is continuing, even surveys done by NGOs and others are now under-fire. Radios closed, Musicians have been detained and fined for their message in their music. All voices under Magufuli is under question. He cannot manage anything else than praise.

I think early in his Presidency, everyone praised the Bulldozer, the man with plan and without any scruples. That has been proven, as papers, bloggers and radios has closed or lost license because of him. If they did say or write anything, they would end up in trouble. Even opposition MPs have been behind bars because of him.

That is maybe why the President is losing favor, maybe that is why people wasn’t celebrating the Union Day this 26th April 2018. Magufuli ordered the military in the streets of the bigger cities as a showdown of his power. The President has clearly forgotten why he had popularity.

It is because he did the right thing, not all praising him and his actions, but seemingly for the betterment of Tanzania. That is why people loved his ways and his activity as the President. With time he has taken everything personal and also taken action against critics and closing the public space, also ability for them say out in various media houses and platforms.

Magufuli should listen to the likes of Chomsky, maybe then he would understand why I call him thin-skinned. The Tanzanian President cannot stomach criticism. That is proven with his action. He is a whiny little bitch, with lack of character and lack of leadership. If he had been a good leader, he would have listen learned something, not just directing and micro-managing. However, that is something he cannot carry. That is why he is losing popularity.

Because, why is it a problem to get the knowledge of losing popularity Mr. President?

Maybe, you should think of your ways, that people wasn’t celebrating Union Day should be worry itself. Because of your actions. It is time rekindle yourself and maybe even envision yourself in another spotlight.

You should take it and carry it. But your not, because your whining and attacking the free speech. Peace.

Kakira Sugar Limited addressing farmers strike (02.07.2018)

RDC: Declaration No. 001/2018 De La SYMOCEL Appellant a la Consience Citoyenne Pour un Processus Electoral Inclusif (30.05.2018)

RDC: Communique Officiel de la Presidence de la Republique (29.05.2018)

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