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Families ask court to declare detention of missing NUP supporters illegal
Opposition NUP secretary general David Robongoya and party spokesperson Joel Ssenyonyi (R) are seen at court in Kampala on January 30, 2024 addressing journalists regarding a case of their missing party members allegedly held by securiy officials. PHOTO/JULIET KIGONGO
What you need to know:
- The High Court is yet to summon the Attorney General to file a defence in the matter.
High Court judge Esta Nambayo has set April 8 to hear a petition in which families of 18 opposition people allegedly arrested by security agencies have asked court to declare their continued detention illegal.
It is alleged that the group have never been presented in any court nor have they been charged with any offence- and that their relatives have used all reasonable means of accessing them to no avail.
Through their lawyers of PACE Advocates, the group of opposition National Unity Platform (NUP) party supporters is now seeking a declaration that the continued incommunicado detention of the 18 people by state agents is unlawful and constitutes a violation of their fundamental human rights per the 1995 Constitution.
Further, they seek an order of compensation for breach of their rights and payment for general and punitive damages.
The 18 missing people are listed as joint complainants with 12 of their spouses and relatives in the case filed January 30 at the Kampala High Court, against the Attorney General.
The 18 missing persons are John Bosco Kibalama, John Damulira, Shafik Wangolo, Martin Lukwago, Michael Semuddu, Musisi Mbowa, Vincent Nalumoso, Dennis Zimula, Muhammad Kanatta, George Kasumba, Moses Mbabazi, Yuda Sempijja, Alphat Mugumya, Peter Kirya, Mustapha Luwemba, Hassan Mubiru, Isma Sessaazi and Godfrey Kisembo.
Their relatives are Monica Catherine Nabukeera, Winfred Katana, Khadija Bazibu, Mary Namuyanda, Matthew Kafeero, Christine Nakimbugwe, Julius Kato, Prossy Nasuuna, Justine Nakato, Maria Christen, Jessica Nabaggala and Gilivazio Walusimbi.
It is alleged that the said 18 people were last seen being arrested and detained by security agencies but key government institutions like the police and the Uganda Human Rights Commission have failed to account for them.
“The respondent (Attorney General) is not only vicariously liable for the human rights violations, actions and misconduct of the security agencies but also has a duty to account for the whereabouts of the said applicants,” reads the complaint.
Kibalama’s case
In a sworn statement, Nabukeera, one of the complainants states that her husband, Kibalama a former accountant with BAT Uganda was abducted and or disappeared on June 3, 2019.
Nabukeera alleges that Kibalama’s motor vehicle was found abandoned on Kampala – Gayaza Road near Ssekanyonyi Police Post on June 4, 2019 when the police called her about the discovery.
“On reaching there, a file was opened under reference number SD 02-04-06-2019; but we were then referred to Kasangati Police Division. I have never received any feedback from police on the status of the investigation into his disappearance,” she states.
Nabukeera states that she went to several police stations in search for Kibalama in vain until April 16 2021 when Monitor (newspaper) quoted then internal affairs minister Gen Jeje Odongo naming him among the suspects who were facing trial in the army court.
She states that a search was done at CMI, Mbuya but they referred her to Special Investigations Unit, Kireka where another case file was opened but until now, Kibalama’s whereabouts are not known.
Another complainant, Katana states that she is the wife of the missing Damulira, a dealer in motor spare parts who disappeared on November 21, 2020.
She alleges that Damulira was arrested with his son and three others by armed men who dragged him in a drone but the four were abandoned at Kireka near the Railway line in the night. He was never seen again.
Meanwhile, the court is yet to summon the Attorney General to file a defence in the matter.
Opposition National Unity Platform (NUP) claims that the majority of the missing people were abducted before, during and after the 2021 general electoral process.
