Report on illegal detention at Jinja Road Police

Vincent Nuwagaba
station where I had my money amounting to 420,000 (four hundred and twenty thousand) shillings plus $100 (one hundred US dollars) plus a phone were stolen. I was only lucky that my computer was not stolen but I discovered it was tampered with and I accordingly have lost many files
Background to my arrest and illegal detention at Jinja Road Police Station
I learnt on Wednesday 5th August 2009 that Gaudence Tushabomwe was being subjected to inhumane treatment at Butabika Hospital. Immediately, I ran for to establish the situation on the ground. Because the Senior Hospital Administrator Grace Lubega had told me that I could only be given permission to talk to inmates by the Executive Director, I went straight to the Director’s office. Upon reaching there, I was told he was for a meeting and that his deputy was also in the said meeting. I begged to see the third person in hierarchy who is the Principal Hospital Administrator. I was led to the principal Administrator’s office by the secretary to the Director. While in the Principal Administrator’s office, Grace Lubega came with police operatives and arrested me. Within a matter of minutes, a police patrol vehicle came for me and took me to Jinja Road police station. At Jinja Road, I was forcefully divested of my property and money, and thrown into the filthy jail. Shortly after dumping me in jail, they cut off water and I am sure the purpose was to ensure that I get the real feel of the jail. Because there was no water, the toilets had an offensive odour and I almost developed a running stomach. I together with a rapid response unit operative Ali Magambo put them on pressure to give us water.

Magambo faced the wrath of the OC CID and OC Station as they pulled him and embarrassed him so as to silence him. I maintained that if I was the problem, they should discharge all other inmates or remove me from the cells and put me in a secluded cell wherein I would be effectively punished. Otherwise, I would not accept other inmates to stay without water just because; “stubborn” Nuwagaba was detained. I was detained incommunicado for my phone was snatched from me by Police Constable Alule as I was talking to Assistant Inspector General of Police (AIGP) Julius Shalita. The hell I went through was horrible but was nowhere near the one I have already undergone. After two days on Friday 7th I was beseeched to call anybody that could stand surety for me so that I am given bond. I was told by the Officer in Charge of Criminal Investigation Department (OC CID) Jinja Road that I shouldn’t go back to Butabika because it is only Butabika Administrators that complain about me. I told the OC CID that as long as they keep human beings in Butabika, as a human rights defender, I have both a moral and legal obligation to research and investigate about the human rights situation therein.

I said, it is laughable, despicable, illogical, ridiculous, contemptible, ludicrous and sheer inanity to charge me of criminal trespass in a state institution. I maintained that I needed to be taken to court but nothing was done.

Meanwhile, at a time of my arrest I had 423,500 (four hundred twenty three thousand five hundred) Uganda shillings and 1 US Dollar. They declared only 3500 shillings, typical of what they have always done. I also own three phones but only two phones were declared and ultimately given to me. In the presence of my cousin January Sunday, shamelessly the officer who was handling my property could not give me back the paper on which my property was recorded. But, at least, it is clear that they cannot give any paper on which I signed. What’s more laughable when I said I had dollars, the OC CID whom I am convinced is more understanding compared to his other colleagues told me that I will be asked where I got the dollars from. I wonder whether he could have asked that question because for him he has never held any dollars in his hands or because he took me to be ordinary to hold any dollars in my hands. As the Banyankole say, “efiire etyo egwa etyo”, I knew I would never be under any obligation to explain the source of the dollars but just to let him know even our Ugandans who do business in south Sudan, most of them use dollars as foreign exchange. But, also if the OC CID never learnt basic Economics, a US Dollar is one of the hard and stable currencies that we have and I accordingly have never been without any dollars. But I feel succumbing to the OC CID’s inanity and myopia is out of question.
I fail to understand how a reasonable police officer such as the Divisional Police Commander Mr. Aguma, a superintendent of police could have all his brains abused by Dr Basangwa and Grace Lubega to order his juniors to commit a criminal offence against me simply because I have sued the attorney general.

Findings in the Police cells at Jinja Road Police Station
Ogwang Richard 27, phone number +256774 612 029 an employee of Phillips pharmaceuticals Uganda limited was detained on Monday, August 3, 2009. He had a company motorcycle stolen from him by his cousins that stay with him. Sadly even after getting the thieves, the police went ahead to arrest and detain Richard without trial for by the time I left the cells, he had not been taken to court and there were no signs that he was to be taken to court.

Abdul Soozi, car dealer, phone number +256702952735 was arrested on flimsy grounds because the police officers wanted money from him.

Ali Magambo and John Paul Olinge of Rapid Response Unit (RRU) arrested Saleh Musitwa and handed him over to those responsible for the cells. Musitwa later died in the cells but surprisingly the people who effected the arrest are the ones that were charged with murder. Magambo and Olinge can be contacted on +256782149437 and +256701000385 respectively. By the time I left the cells at 9am on Friday 7th August 2009, Magambo and Olinge had spent five days in detention without trial.

Elton Mutizze (+256756253160/ Elton.mutize@gmail.com) Zimbabwean was arrested on business related charges and deprived of his passport. His only close friend in Uganda is Farai Mkutuwe (fmwaku@hotmail.com).
Benjamin Turyasingura +256777730393 driver UAL 4111H was arrested because he was carrying a passenger who was suspected to have done an accident using his boda boda. One wonders, how a taxi driver would understand that passenger A or B has committed an accident. He spent two days in the cells and was released after his brother had paid a bribe.

Kasozi Tom 23, resident of Ntinda, semawata road told me that a man by the name of Peter gave him 12 batteries to sell. Kasozi looked for a buyer whom coincidentally happened to be the person from whom the batteries had been stolen. Kasozi was then beaten by a mob including the police at Nakawa. When he reached Jinja road police further beat him. “I was beaten terribly in the private parts and I now urinate blood”. Kasozi needs to be taken to the hospital.All the inmates felt that Kasozi’s kidneys were broken for he was almost in comma for the period I was in the cells. Shamelessly, the police pulled him out of the cells and put him outside in the cold without any cloth to cover him. Should he stay there for some extra days, his death will be catalysed by pneumonia which could be induced by extreme cold. Kasozi is a broker for house rent, works from Nakawa and has no phone. The immediate next of kin to Kasozi is Lukuta Medi whose contact is +256752 163 628

Livingstne Kizito 32, resident of Kitintale zone 12 reportedly hired a motorbike going to zone 12 and was to pay 500. Upon reaching there he was asked to pay 1000 and he declined arguing that he already told the motorbike rider. The boda boda cyclist reportedly grabbed Livingstone and made an alarm saying the man was taking his motorcycle. Livingstone was beaten by a mob, divested of his phone (he told me nokia with camera), money (48,000), shoes, trouser and small radio. Police ordered him to be taken to Mulago on Sunday 2nd August 2009. At Mulago, no treatment was offered and the following day, (Monday 3rd August 2009) Livingstone was put on the police patrol vehicle and dumped at Jinja Road. He was dumped just outside the cell without even a mat or a piece of cloth to protect him from cold. When I stepped in the cells I started advocating for the duo (Kizito and Kasozi) but my advocacy fell on deaf ears. Livingstone told me that he doesn’t know the man’s name but the Kitintale Police know. Kizito Livingstone hails from Wbulenzi, he’s a chicken trader with a capital base of around 1.8m and he told me that he buys chicken from Luwero, Migyera, Masindi and brings them to Kampala. Both Kasozi and Kizito were lumped together in the cold without even a sack to protect them from the extreme cold. Moreover they were on cement.

Kakoza Swalik, Solomon Tumushinga and Lubegga Mohammed were arrested on Sunday 2nd August 2009 and charged with stealing police pipes. Kakoza Swalik told me, “bwenabuza lwaki tebatutwala mu court, bankuba mpi”. He reportedly asked on Tuesday after two days in the cells.

Isabirye Richard 28, stays in Naguru barracks. He stays with Police Constable Joshua Lubale +256702 384 160. Richard was charged with sale of ammunition. He was searched in vain. Surprisingly, now the charge has been changed to criminal trespass.

Esimu Solomon +256755 900 616 charged with stealing a police tent with two other friends Kakoza and Lubega. But this is a planned move from the nearby market operators who want to take our place of work. This is not the truth at all (this statement was written by Esimu Solomon himself)

Fred Sande Asaba (UK citizen) whose father is reportedly Ghanaian and mother is Ugandan was deported from England on 19th July 2009. Taken to Jinja Road police station by the Immigration Department on 20th July 2009 ostensibly for safe custody. He was told to contact anyone/ any relative to come and claim him and now he is being told that he is not Ugandan. His only identity is the British Driving licence that remained with the Immigration officers at Entebbe airport. Mr Asaba is a staunch pan Africanist whose passion for Africa can be seen even from his dreadlocks and his love for humanity. Actually, he is the one who welcomed me to “Sheraton cell” where he sleeps as an RP and allowed me to sleep on his “comfortable bed”. I say comfortable because at least his has a blanket, a pillow (although extremely dirty) and a bed sheet with which he covers himself.Fred Asaba told me that the UK authorities first contacted the Ghana government about deporting him to Ghana and the latter refused. Uganda accepted because of the bilateral aid Uganda gets from the United Kingdom but should the need for aid mean that an innocent African be sacrificed? Fred has since his deportation lost not less than fifteen kilogrammes. This can best be explained by looking at his trousers which by the time he came were fitting him. He is coughing profusely and he believes the squalid conditions in the cells will induce some sort of sickness which may be difficult to heal. He wonders why the Ugandan authorities accepted that he be deported in Uganda if genuinely they knew he was not Ugandan and he prays that instead of dying here in a country he calls home, it would be better if he was re-deported to the UK.The name alone shows that at least Fred Asaba has got some roots in Uganda.

Conclusion
I feel if we are to build a democratic society, the police officers must of necessity refrain from interfering with our God given rights. I still demand that I be taken to court if I have violated any law. Otherwise, it is meaningless for anybody to attempt to stop me from accessing a public institution where it has been clear that virtually all the people taken there are real or perceived political opponents of the current regime. The police force ought to know the difference between the regime and the state and work hard to protect the interests of the state and not the regime. Otherwise we shall soon relapse into the state of anarchy akin to the Hobbesian state of nature where every man was against every man and life was nasty, brutish and short. I pray that the police officers refrain from provoking the citizens. Otherwise, if all the citizens turned against the police, the results would not be palatable for either party. The police bosses must explain the content of the drug they injected me and must give reason as to why they have turned me into their punching bag. I have stated before and I wish to re-echo it now that I am a law-abiding citizen and detest impunity. Accordingly, if I am suspected of infraction of the law, I should be prosecuted. Conversely, whoever violates my rights must be brought to book. I wish to end by quoting Barry Gold Water who said, “Extremism in defence of liberty is no vice and moderation in pursuit of justice is no virtue”. Accordingly, in defence of liberty and pursuit for justice, I am an extremist and I have no apologies for that.



Vincent Nuwagaba
Human Rights Defender