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Kaweesi murder suspect’s medical examination case deferred

By Racheal Okori, Farooq Kasule

Added 30th June 2017 12:34 PM

The suspects' lawyer Rwakafuuzi informs them that the case cannot proceed.

CRIME | COURT

KAMPALA - The High Court has deferred to July 10, the hearing of the case in which 19 suspects accused of murdering former Assistant Inspector General of Police (AIGP) Andrew Felix Kaweesi seek medical examination over torture.

At about 9:45am local time on Friday, the suspects were produced at the High Court Civil division aboard a prison bus and straightaway led to the courtroom.

Shortly, their lawyer Ladislaus Rwakafuuzi went to the presiding Judge Margret Oguli-Oumo’s chambers for housekeeping matters on how to proceed with the case.

Upon his return to court room, Rwakafuuzi informed the suspects that the case could not proceed as the Attorney General (AG) did not file the response to their claims.

“The AG did not file their response and court cannot proceed to hear your application today. The judge has allowed AG time up to July 5, 2017 to do it and a case will be heard on July 10, 2017. I request you to remain calm until then,” Rwakafuuzi said.

Allso a human rights lawyer, Rwakafuuzi expressed concern over his request to the   Human Rights Commission (HRC) to treat the suspects in Luzira prison but have not responded to him.

“I know you might be shocked and suspicious that your case has not kicked off but this is the court process and I request you to remain patient,” he said.

In their application, the suspects claim that they were arrested from their homes and taken to military custody where they were tortured and later charged in court which remanded them to Nalufenya police station where torture intensified.

“We have not received sufficient medical treatment. Those with broken legs have not been offered wheel chairs while those whose sights have been affected have not been attended at all,” they contend.

Kaweesi was murdered together with his body guard Kenneth Erau and driver Geoffrey Mambewo on the morning of March, 17, 2017, meters away from his home in Kulambiro, Nakawa division.

They filed the suit together with HUREF, a human rights Organisation against the Attorney General (AG).

The suspects want court to unconditionally release them from detention at Luzira prisons, arguing that their continued detention is a violation of their fundamental rights. This, they say amounts to abuse of the legal process.

They also seek compensation from government at an interest rate of 20 percent as a result of their rights and freedom being violated.

The suspects further want court to declare that their torture in military and police custody was a violation of their constitutional guarantee to freedom from torture, cruel, inhuman and degrading treatment under Article 24 of the constitution.

The applicants are Abdu-Rashid Mbaziira, Aramanzan Noordin Higenyi, Yusuf Mugerwa, Bruhan Balyejjusa, Umar Baganda, Ahamada Senfuka, Hassan Tusiime, Ibrahim Kissa, Osman Mohamed Omarite, Hamidu Magambo.

Others are Abdu Majid, Joshua Kyambadde, Sheikh Musa Ntende, Shafique Kasujja, Abdala Kaala, Sinani Hibwagi, Ali Mugoya, Asuman Mugoya and Swalleh Ddamulira.

 

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