State denies holding 11 missing NUP supporters
NUP secretary general David Lewis Rubongoya (third left) with the family members of NUP missing persons in Kampala recently. PHOTO/ MICHAEL KAKUMIRIZI
What you need to know:
- According to Ms Naluzze, the next of kin of 11 Ugandans (out of 18) said to be missing described to investigators stories of the arrests as told by unidentified and unascertainable third parties.
Relatives of some of the missing supporters of the opposition National Unity Platform (NUP) provided hearsay testimony to the police investigations team as most of them were not eyewitnesses to the alleged enforced disappearances, court has been told.
In a sworn affidavit submitted to court Monday, Ms Rashida Naluzze, a senior police personnel contends that the order sought to require the government to account for the 18 missing Ugandans was devoid of merit because they are not in their custody.
According to Ms Naluzze, the next of kin of 11 Ugandans (out of 18) said to be missing described to investigators stories of the arrests as told by unidentified and unascertainable third parties.
“I know that some of the alleged disappearances were never reported to the police for example, the alleged disappearance of Peter Kirya, Denis Wangolo, Isma Ssesazi, Hassan Mubiru, Joseph Baguma, alias Joseph Ssemujju and Dennis Zzimula, alias Boyi were all never reported to the police as required under the law,” states Ms Naluzze.
She further contends that the people who were allegedly arrested with some of the reported missing persons refused to make statements.
According to her, Musa Ssali, Kassasa Aminu, Muwairc and Hakim Ssembajwe who were allegedly arrested with Michael Jackson Ssemudu, declined to provide information to the police.
“I know that the investigation team from Police team had to hold out as members of an NGO in order to interview these people for example; Florence Nabakkoza, the next of kin of Wangolo Dennis alias Shafik, declined to meet the investigators stating that she had got instructions from NUP not to meet any person,” says Naluzze adding; “Nanyonjo Oliver, the reported next of kin to Luwemba Mustafa, made further reference to one Musisi, who became hostile when the team requested to meet him.
The named missing persons are part of the list submitted in the case filed by John Bosco Kibalama and 29 others against the Attorney General in which the families allege they were arrested and detained by the security agencies illegally.
It is alleged that the group have never been presented in any court of law nor have they been charged with any lawful offence and that their relatives have used all reasonable means of accessing them to no avail.
According to Ms Naluzze, despite most of the alleged occurrences being reported to have taken place in broad daylight, none of the alleged witnesses mentioned the registration number plates of the alleged security vehicles involved or identified the security operatives involved.
“I know that some of the alleged missing persons were fictitious people. Investigations revealed that there exists no Joseph Ssemujju and the contacted next of kin insisted that the alleged Joseph Ssemujju is actually Joseph Baguma whose alleged disappearance was never reported,” reads the sworn statement.
Ms Naluzze is one of the five state witnesses who have submitted sworn statements objecting to the case regarding the alleged 18 missing Ugandans who were allegedly disappeared by security operatives during 2021 general election in which President Museveni who has been in power since 1986 was declared winner.
The missing Ugandans are said to be supporters of Mr Museveni’s closest contender in the 2021 elections, Robert Kyagulanyi, alias Bobi Wine who contested on the NUP ticket.
Case
Through their lawyers of PACE Advocates, the families of the missing Ugandans are now seeking court declaration that the continued incommunicado detention of the 18 people by the state agents is unlawful and constitutes a violation of their fundamental human rights enshrined in the 1995 Constitution.
“A declaration that the respondent (government)’s conduct is a flagrant dereliction of their human rights obligation to respect, uphold, protect and promote the applicants fundamental human rights and freedoms contrary to Articles 20(2) and 21 of the 1995 Constitution,” reads the complaint.
They are seeking an order of compensation for breach of their rights and payment for general as well as punitive damages.
Meanwhile, the High Court before Justice Esta Nambayo has directed the state and the complainants to file all their evidence by April 24 to enable hearing of the case.
NUP state that most of the missing people were abducted before, during and after the 2021 general election.
In 2022, NUP Secretary General, Mr Lewis Rubongoya vainly petitioned the Uganda Human Rights Commission to investigate the alleged cases of abduction of 25 of their supporters who were missing then.
He added five more members on the list between January and February 2023 bringing to 30, the number of missing persons.
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