Crime

Author Kakwenza has taken the Ugandan government to an East African court on allegations of torture.

Kakwenza Rukirabashaija, an award-winning author who recently fled Uganda, has filed a complaint with the East African Court of Justice accusing the Ugandan government of torturing her.

Last year, security seized and held Kakwenza for two weeks for allegedly assaulting President Museveni, and the Commander Land Forces, Lt Gen Muhoozi Kainerugaba, fled Uganda for exile.

After his release, the critical writer displayed torture wounds all over his body, which he claimed were inflicted by security during his arrest.

He recently left the country and is now living in exile in Germany.

Kakwenza took government to the East African Court of Justice on Monday, through his lawyers, lead by Eron Kiiza, accusing it of brutally detaining him on December 28, 2021, putting him in a drone van, blindfolding him, and imprisoning him for several weeks without charge.

“The candidate was blindfolded and had a heavy black sack around his neck with cords twisted and knotted around his neck by his kidnappers. They didn’t identify themselves or explain why he was being detained.

“His violent, warrantless arrest, which was witnessed by his gateman and neighbors, was illegal, torturous, and in violation of Articles 24, 44, and 23(3) of the Ugandan Constitution, Article 5 of the Charter on Human and People’s Rights, and Articles 6, 7 and 8 of the treaty,” according to court documents.

Kakwenza further claims that the Special Forces Command detained him and held him incommunicado for two weeks, far longer than the required 48 hours, in violation of Articles 23(4)(b) of the Ugandan Constitution, Article 6 of the Human and People’s Rights Charter, and Articles 6,7, and 8 of the Treaty.

He claims that security’s search of his Iganga home without a search warrant, as well as security’s refusal to release him despite a mandatory order from the Chief Magistrates Court in Makindye, was illegal and violated judicial independence, rule of law, democracy, accountability, transparency, and good governance, as enshrined in the Ugandan Constitution and the East African Community Treaty.

Kakwenza further claims that his secret arraignment before Buganda Road Chief Magistrates Court, where he was confined to prison and subjected to criminal procedures despite allegations of torture and violations of his fundamental human rights, was unconstitutional.

Declarations

Kakwenza wants the East African Court of Justice to rule that his violent arrest by the Special Forces Command, his detention incommunicado for two weeks, torture, a warrantless search of his home in Iganga, and his defiance of a mandatory release order by the Makindye Chief Magistrates Court were all illegal and in violation of the East African Community treaty.

“The applicant requests a declaration that his incarceration as a civilian in a military facility violates the principles of accountability, good governance, and the rule of law provided by Articles 6(d), 7(2),8, and 123(3) of the treaty.”

Kakwenza also wants court orders enforcing and ordering the Ugandan government to stop his criminal trial and prosecution, as well as compensation for the physical suffering he suffered while in jail.

He also wants the East African Court to order the government to pay all of the costs, both general and punitive.

The Attorney General has been named as the case’s respondent.

ADVERTISMENT

Related Articles

Leave a Reply

Your email address will not be published.

Back to top button