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Uganda
1821. By letter dated 18 June 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1822. Rasheed Kawawa, a 24-old-student from western Uganda studying in Kampala. He was arrested on 14 July 2001 and beaten with 1.5m long plastic canes. His hands and feet were tied together behind his back (which is known as the kandoya technique) for four consecutive days, and suspended in this way for an entire night. He was subjected to a similar treatment for three months after which he admitted what his interrogators wanted him to state. He was brought to the Magistrates’ Court on Buganda Road on 3 October 2001 and charged with treason and misprision, including belonging to the Allied Democratic Forces (ADF) rebel group. It is reported that murder and terrorism charges were added later, but no additional statements were signed by him. He applied for amnesty and was released in January 2004.
1823. Christopher Egesa Ochieng, age 32. He was arrested by two soldiers near Jinja on 17 July 2002, when returning from the burial of a man who died in prison. He was taken to a safe house in Kampala, which was believed to be the then headquarters of Operation Wembley. A bucket of water was poured over him, he was made to lie down, face up, and his head was covered with a black plastic bag. Someone jumped so hard on his stomach that he lost his breath. He was kicked, tied up, and put inside a vehicle, where his shirt was tied over his head. He was taken to another safe house where he was repeatedly hit in the head with a rod. On the second night of custody, he was placed in a sink for bathing, a wire was put around his penis, and it was tightened until he fainted. He was beaten on the mouth and nose until he bled. He was tied by both hands to one side of a window and hit with a cable and wooden rods. On other occasions he was hit with ropes on his legs, his penis was tied with a cable, and a piece of plywood with three nails protruding was “hammered” into his chest. Some months later he was taken to Makindye Uganda Peoples’ Defence Forces (UPDF) barracks in Kampala. He did not receive any medical treatment except for penicillin and aspirin and was not seen by any medical worker while in Operation Wembley. One year later, it is reported that scars on his back are visible and that his penis is permanently deformed. He was warned that he would be killed if he talked about the way he had been treated. He was taken to court on 17 September 2002, and charged with aggravated robbery and terrorism. A UPDF defense attorney was appointed for him.
1824. Ibrahim Lwere, age 49. He was arrested on 5 August 2002 and kept for several days in Operation Wembley headquarters. He was beaten on his buttocks with a stick which had a nail in it and on his back with a blunt instrument. The scars he sustained on his back took four months to heal. His wrists were tied tightly with rope, and that his left wrist was cut with a saw. He received no medical treatment and had to sleep on cement floors, both there and during months in custody in Makindye barracks, Kampala, where he was detained from 9 August to 16 October 2002. At Makindye he was held in an overcrowded cell with no toilets, no blankets, no visits and no communications. On 16 October 2002, Ibrahim Lwere was brought before a court martial inside Makindye barracks and charged with desertion from the army in 1987 and treason. The charge of treason was withdrawn and the court punished him with a warning. On 20 May 2003, Ibrahim Lwere presented a complaint in writing to the Parliamentary Committee for Defense and Internal Affairs. He was released with a warning in October 2003. Ibrahim Lwere was elected to local positions in the outskirts of Kampala in 1988, elected in 2001 to the sub-county council, and campaigned in support of opposition candidates for the President in 1996 and 2001.
1825. Ibrahim Bullu Lubega (also known as Bull). He and his wife were taken to Mbarara barracks on 24 August 2002. While his wife was released shortly thereafter, Ibrahim Bullu Lubega was taken to Operation Wembley headquarters at Clement Hills Road in Kampala. He was beaten here with batons, stabbed in the leg with a bayonet, and had water forced into his mouth. He was kept at Clement Hills for 14 days and then sent to Mbuya barracks for another two weeks. He was charged in September 2002 in a court martial with terrorism and belonging to a rebel group. The military judge dismissed the case against him for lack of evidence and said that the case should be transferred to a civil court. Ibrahim Bullu Lubega was transferred to Kigo Prison and charged on 13 February 2003 with treason in the Magistrates’ Court and sent to Luzira Prison.
1826. Steven Wilson Mukama, a 52 year-old pharmacist. On the night of 2 September 2002, armed men searched his house near Kampala, took away some property, blindfolded and took him to several places, including the Chieftaincy of Military Intelligence (CMI) headquarters and the Operation Wembley headquarters. No warrants were produced. While in custody at the CMI headquarters, his elbows were tightly tied behind him and he was beaten. On the following morning, eight men in plain clothes with boots kicked him all over his body while he was on the ground, including in the scrotum, crushing his left testicle. He was left for another six hours and, when he revived, he was pistol- whipped on the right side of his head. On 3 September 2002 he was transferred to the army barracks at Mbuya and locked in cells with soldiers. He stayed there two weeks without access to any medical treatment. On 15 September 2002 he was taken to a police station and signed a statement under duress, fearing more torture. Despite being a civilian, he was charged in a court martial with terrorism on 16 September 2002. His case was later transferred to a civilian court and on 18 September 2002 he was reportedly transferred to Kigo Prison, where he eventually received medical assistance. He was charged in a civilian court in February 2003 of plotting to overthrow the Government and of forming a rebel group called the National Democratic Alliance (NDA) between May and December 2002, although he was locked up four of these eight months.
1827. Nicholas (Ruzinda) Luzinda, a nursing assistant. He was arrested on 3 September 2002, at work by men in plain clothes, and taken to UPDF headquarters at Mpigi, southwest of Kampala. For most of the time until he was charged with terrorism on 16 September 2002, he was kept in CMI safe houses, where he was beaten and threatened with death. He was later transferred to Operation Wembley headquarters in Kampala, where he was put in a cell that was only two feet high, so that he had to lie down, and there were others inside the cell. In Kampala he was subjected to further death threats. Along with another man, he was blindfolded and taken to CMI headquarters, where he was put in a small room with blood on the floor, small bloody ropes, and a few plastic bags. During a second transfer he tried to escape. He was then severely beaten with canes on the right buttocks, leaving a deep scar. On the same day, he was taken to a safe house in the Kololo neighborhood of Kampala, which is believed to be a CMI location. He was held there for two weeks without receiving medical treatment. On 15 September 2002 he was taken for the day to Makindye barracks, and on the following day, to a military court, where he was charged with terrorism. On 14 February 2003, his case was sent to a civilian court with the charge of treason. He was remanded to Kigo Prison, where he received medical care for the first time since his arrest. He is said to have filed a petition for amnesty.
1828. George Kasozi, a 70 year-old former local chief in the Kabaka Government. On 16 September 2002 he was arrested at gunpoint by four men in a double cabin truck, and blindfolded with his own shirt. A rope was put around his neck, his body searched, and money taken from him. Due to high blood pressure, he lost consciousness when he became frightened from being blindfolded. He was taken to a hospital, where he stayed for one week. He was later sent to a safe house in an unrecognized location, where he was held for about five months. He was confined to a room by himself for the first two months and then shared a room with another man. Both men were blindfolded outside of the room, including when going to the toilet. He was interrogated about the ministers of the Kabaka Government who had supported Kizza Besigye for president. In custody George Kasozi was kicked, and beaten on his head and body with blunt instruments. Water was poured over him. In December 2002 the methods of torture became more severe. His arms were tied behind him, he was made to lie on the floor, water was poured over him, and he was left there in the puddle of water for one or two days. He was hit and pierced in the right buttock with a six-inch nail on a board, and slapped on his head with a board, which resulted in a loss of hearing. After making a statement at the Criminal Investigation Division (CID) headquarters, and being charged with treason in the Magistrates’ Court on Buganda Road in Kampala, he was taken to Kigo Prison on 15 February 2003. He was granted bail.
1829. Joseph Kizza Kibaate. He was arrested in Masindi on 23 January 2003 by four men working for Operation Wembley. He was taken to Masindi police station and moved four days later to Operation Wembley headquarters in Kampala. Here he was questioned about a murder in 1997. For four days he was subjected to beatings, in particular with a cane and had water forced into his mout h while being beaten. He vomited water when he was beaten on the stomach with sticks. He passed blood in his urine and water leaked from his ears. His hearing is reported to be impaired now. A lawyer filed petition for habeas corpus on 23 April 2003 and he was released on bail.
1830. Dan Mugarura (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1800). He was arrested on 8 January 2003, and at the time of his arrest, he was blindfolded, and put in leg irons and handcuffs. In the car two armed security agents sat on him for two hours and he fainted. He awoke in an unknown hospital room and was transferred to another location, where he was interrogated about someone, who had been assigned to the diplomatic mission in Tanzania more than a decade before. During interrogation, Dan Mugarura was threatened with snake bites. His lawyer filed a petition for habeas corpus, and he was brought to the Magistrates’ Court on 21 January 2003, charged with treason and misprision of treason, and remanded to Luzira Prison. He was released on bail for medical reasons in late 2003.
1831. By letter dated 28 June 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning:
1832. Mugisha Kafureeka, a lawyer and a PhD candidate. He was arrested as he was leaving Makerere University on 19 April 2002 and taken to his residence by the police, accompanied by 15 other vehicles full of agents belonging to the Chieftaincy of Military Intelligence (CMI), the Internal Security Organization (ISO), and members of the Criminal Investigation Division (CID). His house was searched without a warrant and some of his young cousins were arrested as well. He was officially held at the central police station in Kampala, but taken out on a daily basis to the headquarters of CMI to be questioned about his suspected activities with the Reform Agenda, and with rebels believed to be associated with them. On the second day of his interrogation he was whipped with a long cable made of rubber and wire, hit on the buttocks, the bottoms of his feet, and kicked in the back. He was returned to the police nightly and subjected to a similar treatment on the following days. After four days in detention his family took legal action, and his friends alerted the press. He was then taken to the CID to make a statement to the police, where he again denied everything. On the seventh day of captivity, he was taken to the Magistrates’ Court and charged with treason and misprision of treason. He was transferred to Kigo Prison, and brought back to the Magistrates’ Court every two weeks, at which time the magistrate would grant a request for another two-week postponement. On this basis, he was kept in Kigo Prison for one year. On the day he was released on bail in May 2003, he was re-arrested outside the court building by the CMI for further questioning and released a few days later after being kept in a garage at the Joint Anti-Terrorism Task Force (JATF), with several beaten prisoners. The prisoners were all released after an admonishment by the head of the JAFT and after the CMI warned him not to try to take revenge.
1833. Charles Ekemu. He was arrested at his home in Soroti in early January 2003 by plain clothes men, handcuffed, blindfolded, and taken to a vacant house. He was then driven to a building in Kampala. He sat alone for three days blindfolded, and was warned not to move or he would fall into a pit. He was forced to write an incriminating statement. Eight days after his arrest, he and others were taken to the CID headquarters, where they found nine Members of Parliament (MP) waiting for them in the office of the Minister of State Security. He was charged on 17 January 2003 with treason for plotting between 2001 and January 2003 to overthrow the Government, and with establishing the People’s Redemption Army.
1834. By letter dated 15 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received information on Patrick Mamenero Owomugisha, age 25. According to the allegations received, he was arrested on 20 July 2002 from his home in Kabale, near the Rwandan border, with his father, Mzee Denis Mamenero. Patrick Mamenero Owomugisha died a few days later in CMI custody of a “subdural haemotoma” caused by a blunt instrument. At the time of his death, he was en route to the military hospital. The certificate of death was signed on 24 July 2002, by a doctor of Mulago Hospital. The CMI admitted that the detainee was hit by a CMI soldier on guard duty on 22 July 2002, but maintained that at the time Patrick Mamenero Owomugisha was trying to escape. The soldier (whose name is known to the Special Rapporteur) was arrested and charged with murder on 22 October 2002 in the UPDF court martial. However, he was granted bail. The CMI paid the Mamenero family about one million Uganda shillings (US $503) as condolences. The head of CMI faxed a statement that was read at the burial and which claimed that enemies of the Government entered the CMI offices and killed Patrick Mamenero Owomugisha.
1835. David Pentyoo, Alex Otim, Tony Kitara, Aida Lagulu, George Obita, Francis Onen, Martin Ojara, Alex Okwerowat, Charles Picha, Justo Ojwiya, Michael Lakony, Jekeph Odong, Paul Akueh Okot, Federiko Ocan, Bosco Oti, Moses Atuku Akena and George Abedo, members of the Uganda Young Democrats (UYD) (cited in a previously transmitted communication, E/CN.4/2003/68/Add.1, para. 1862). They were transferred from military custody in Gulu municipality, northern Uganda, to Kigo prison in Kampala on 14 November 2002. They were imprisoned without trial on charges of treason. When they were allowed to see their relatives and lawyers, the detainees claimed that they had been tortured by security agents at the military barracks. Alex Otim and Joseph Odong were released and charges against them were dropped in November 2002. In February 2003, the High Court of Uganda ordered that the body of Peter Oloya, who was reportedly shot by soldiers of the Uganda People’s Defence Forces (UPDF) in Gulu Central Prison in September 2002, be released to his family for burial. The High Court ordered that the State “pays to each of the surviving prisoners the sum of Uganda Shillings 10,000,000 (about $5,200) for the violation of their personal liberty and freedom from torture, cruel, inhuman and degrading treatment or punishment”.
Observations
1836. The Special Rapporteur considers it appropriate to draw attention to the concerns
expressed by the Human Rights Committee (CCPR/CO/80/UGA, paras. 17 and 18) about
arbitrary detention in unanknowledged places by State agents, particularly in northern
Uganda. Concern was expressed about widespread torture and ill-treatment of persons
detained by the military, as well as by other law enforcement officials. The Committee noted
the deplorable prison conditions, including overcrowding, scarcity of food, poor sanitary
conditions and inadequate material, human and financial resources. Disciplinary measures,
including corporal punishment, solitary confinement, deprivation of food, and the often nonseparation
of detained juveniles and women from adults and men, are matters for concern for
the Committee.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.