Vincent Nuwagaba
On Tuesday July 12, 2011, I visited Jinja Road Police station. I introduced myself as a human rights defender to the authorities and begged to speak to the inmates. My request was granted without any hesitation and I must give the Police authorities a pat on the back for that. Indeed, this is the open door policy that we need and it will ultimately lead to full realization of human rights in Uganda.
What I found out, however, is appalling. There are some minors who have been kept in cells for long periods and there happen to be capital offenders who to date don’t know their fate. There are many people who are arrested and kept in police cells for more than the mandatory 48 hours before they are produced in court. I documented some names of the inmates, the offences with which they are charged and the period they have been in police cells and I reproduce them hereunder:
1. Byamugisha Alex 20, a Munyankole from Ntungamo District alleges that he was arrested on 18th June 2011 and charged with the murder of Agaba Christopher. He says he knows nothing about whether or when he will be taken to court and insists he is in jail for no cause. He pleaded with me to help him and that God will reward me.
2. Beyendeza Asuman who claimed was born in 1999 and is thus 12 years old told me that they were picked from the Nakawa market and asked to demolish buildings in Nakawa-Nagulu in exchange for money. He claims that he found bullets in the building and kept them in his pockets without perceiving of any implications. Later, he alleges that he took the clothes to a dry cleaner who called the POLICE. He allegedly was later arrested on Friday July 08, 2011 and he is being told to produce a gun and combat uniform. He begs for forgiveness and claims he just picked bullets without any ill intention.
3. Drici James 25, Madi claims he has been in the police cells since Sunday 3rd july 2011. He is charged with obtaining money by false pretence but he says that actually it was borrowed money. He was taken to Nakawa court on Monday July 11, 2011 but taken back to Jinja Road Police Station. By the time I talked to him on Tuesday 12, July at 1pm he said his sister had stood surety for him at around 10am but he was still in the cells.
4. Jignesh Kamdar 32, Indian national charged with illegal immigration claims his visa expired two years ago. He says he’s married to a Ugandan woman Nadia Mohammed, an ethnic Musoga with 3 children. He says the Immigration Department is planning to deport him but is worried about his children because his wifeis a housewife and children will most likely fail to meet their basic requirements. He has no money to take his children with him in case he is deported.
5. Manish Kumar C Baghaliya 40, Indian by nationality. Was arrested on 4th July 2011. He claims he is charged with illegal immigration. The people through whom he can be helped include David who can be accessed via +256712792000, Soh who can be contacted via +2567714123450 or +256704123450 and his wife Natasha can be contacted via +256701510134
6. Aman Hussain 31, a Pakistan national also claims he was charged with illegal immigration and was arrested on 5th July 2011
7. Iftikhar Ahmed 18, claims he was a visitor and then arrested and charged with illegal immigration. He was reportedly arrested on 5th July 2011. His next of kin is Mr Muneer who can be contacted via +256772324360
8. Amir Ali 28, Pakistan national claims he was a visitor and his visa would expire on 17th July but was charged with illegal immigration. He claims he was arrested on 5th July and that his next of kin is Mr. Asgar who can be reached via 0757580144
9. Abid Hussain 24, Pakistan national claims he came as a visitor and his visa is still valid for two more months but was arrested, charged as an illegal immigrant. His date of arrest is reportedly 5th July 2011 and his next of kin is Mr. Muneer who can be reached via 0772324360.
10. Nyeko Solomon Jeff aged 19, an Acholi by tribe who happens to be a student at Kololo SSS claims was arrested on 4th July and charged with theft. He said he was arrested from Nakawa estate from where people were evicted. He said, “I was arrested on the mentioned date accused of stealing but it’s not true. They arrested me together with my two brothers and we have spent a week already at Jinja Road Police station. I am supposed to be at school because mock exams are to begin on 17th. His brothers’ names are: Opio Osriel aged 16, a student and Kinyera Stephen aged 17 a student also.
11. Bosa Dirisa 30, a Muganda by tribe, a builder by occupation is a defilement suspect and claims was arrested on 2nd July 2011.
12. Asia Alex 34, Lugbara, a hawker who sells bags. He claims he was accused by his mother that he disturbs her and was arrested on 2nd July 2011.
13. Adam Hassan 29, Ugandan, a businessman claims he has no charge proffered against him. He reportedly was arrested on 7th July and by the time of my visit he had been in cells for five days.
14. Hassan Hussein is a refugee and has no job. He claims he was arrested on 7th July and his offence was identification.
15. Bilal Massai, a Kenyan driver claims he has no charge against him and was arrested on July 1st 2011.
16. Madraru John Bosco, a Madi , a cleaner a theft suspect was arrested on 11th July.
17. Sgt Bazigu Samuel Z No 18973, a Ugandan Police Officer was arrested on 11th June 2011 accused of embezzlement. He writes, “It is alleged that in June 2010 when I left office at CPS Kampala some money was realised to have gone missing”. He adds, “Then this year on 11th June I was arrested by the Police from my home in Bugiri where I had settled after leaving the force. Since then I have been kept in police cells with no charges brought against me either in any court of law or tribunal”. He adds, “I have not been afforded a police bond in the alternative. I wonder why!!
The above cases are a pointer that police have taken it upon themselves to detain people beyond the legally mandated period of time and deliberately refuse to produce them in court. One wonders why they cannot be taken to court and be remanded in prison instead of keeping them in the horrible police cells. Our Constitution provides for non-derogable rights in Article 44. These rights include freedom from torture, cruel, inhuman and degrading treatment or punishment; the right to a fair hearing; the writ of the order of habeas corpus and freedom from slavery and servitude. By detaining suspects without trial virtually all the non-derogable rights are violated. As a matter of fact, by keeping suspects in the cells without trying them, mental or psychological torture is inflicted on them. And by the way, some inmates are subjected to physical torture and those who prove that in case they are released they will either challenge their illegal detention in courts of law or file a formal complaint to the Uganda Human Rights Commission (UHRC), are taken to Butabika to destroy them – by declaring them persons of unsound mind so that they will forever never complain against the torture orchestrated by the police but also diminish their public reputation. They have done that several times to me but like the Bible says in 2Corinthians 6:8-9 “Through honor and dishonor, through slander and praise. We are treated as impostors, and yet are true; as unknown, and yet well known; as dying, and behold, we live; as punished, and yet not killed”. The Bible in 2Corinthians 4:8-9 goes further to state that, “We are hard pressed on every side, but not crushed; perplexed, but not in despair; persecuted, but not abandoned; struck down, but not destroyed”.
I appreciate the open door policy afforded to me by the OC Station but call upon the Police not to always keep suspects in their detention centres illegally.
What I documented from Jinja Road Police Station is a replica of what happens in every police station in Uganda and I wonder why this illegality should continue unchallenged.
Together we can make a difference!
Vincent Nuwagaba is a human rights defender
+256702843552
Email: vnuwagaba@gmail.com
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