Court in Kampala orders human rights commission to probe Mukulu’s remand

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The International Crimes Division of the High Court in Kampala has directed the Uganda Human Rights Commission (UHRC) to investigate allegations regarding Jamil Mukulu’s remand conditions.

The directive was issued today (October 1) by justices Michael Elubu, Susan Okalany, Andrew Bashaijja and Stephen Mubiru, following Mukulu’s complaint.

“We have taken cognisance of the complaints and direct the UHRC to investigate the matter and make relevant recommendations which Uganda Prisons must abide by,” Elubu ordered.

However, the justices said that they are in the court to try the culpability of the accused.

Mukulu, said to be the former Allied Democratic Forces rebel group leader, claims he is being held in isolation, denied special food items, and confined to a poorly ventilated room infested with mosquitoes. He also alleges that he is not allowed to interact with other prisoners or engage in exercise.

However, the Assistant Superintendent of Prisons, Dennis Arinaitwe, explained that contraband items were discovered in food brought by visitors to inmates, leading Luzira Prison to ban outside food items.

Regarding Mukulu’s accommodation, Arinaitwe said Mukulu, who declined a self-contained room, is housed in a well-ventilated cell. He also revealed that regularly, Mukulu had access to the courtyard for workout sessions.

The court also heard that Mukulu protested against terrorism charges, saying it was not part of the offences preferred against him when he was extradited from Tanzania in 2015.

In his application, Mukulu, Muhamed Matovu and Omar Abdallah Mutuka argue that it is unfair, illegal and unconstitutional to charge and try them on offences of terrorism.

The trio contends that this amounts to infringement of their non-derogable and other rights and freedoms.

Mukulu contends that during the proceedings leading to his extradition, the former Attorney General, Fredrick Ruhindi, undertook to have him tried for only seven counts of murder, but the same has since been violated.

“I feel unfairly treated and my trial cannot be fair where the Government undertakes to try me on only a murder charge, then later turns around and includes terrorism and other charges,” Mukulu claims.

Mukulu and the group are implicated in the murder of seven people, including Sheikh Abdukadir Muwaya and Sheikh Yunus Abubaker Madangu. Muwaya was murdered on December 25, 2014, at Kavule LC1 in Mayuge district.

Others killed were LC3 chairperson Tito Kwa, Julius Owori, police constable Muzamir Babale, special police constable Karim Tenywa and John Stephen Owori.

According to the prosecution, the accused committed the offence between 2002 and 2015 in various districts, including Kampala, for purposes of influencing the government or intimidating the public for political, religious, social or economic aims, and indiscriminately without due regard to the safety of others or property.

The prosecution intends to rely on several exhibits, including explosives, guns, ammunition, literature related to activities of ADF, car number plates and confession statements of some suspects during the trial.