Kirabo and Kiwanuka after filing a case at the civil court in Nakasero, Kampala last week. Photo by Micheal Odeng
Justice Musa Ssekaana has ordered the Chieftaincy of Military Intelligence (CMI) boss, Abel Kandiho, to produce in court a Rwandan national, who was arrested three weeks ago.
Ssekaana also issued the directive to the Attorney General, who is the principal legal advisor of Government and Elly Womanya, the commandant Special Investigations Unit (SIU).
The Civil Division of the High Court judge directed that the body of Elly Tumwine be produced before a competent court on June 4. This followed an application for ‘habeas corpus' filed by lawyer Abdallah Kiwanuka against the security agencies.
"This is to command you to have in the High court of Kampala immediately after the receipt of this order the body of Tumwine that is in your custody," he ruled.
Kiwanuka said Tumwine was arrested from Kakira in Jinja district on May 16 and has since been held without being charged in court. He claims that after Tumwine was arrested, he was detained at SIU Kireka and later transferred to CMI in Mbuya.
The lawyer said he does not know why Tumwine was arrested. However, he revealed that Tumwine is a brother to Frank Sabiiti, a UPDF officer who was last month arrested for allegedly leaking information related to security to Rwandan Government.
Kiwanuka is demanding that Tumwine be produced in courts of law dead or alive, and charged rather than hold him in hiding.
"Ever since he was arrested, I and the relatives of the accused have failed to trace him. The relatives of the suspect are living in fear because they might anytime also be arrested," he said.
The application is premised on the fact that illegal detention infringes Tumwine's right to personal liberty under the 1995 Constitution.
"Tumwine's right to personal liberty has been and continues to be violated by the respondents and their agents who are keeping him in detention," the lawyer argued.
He has also been detained beyond 48 hours without trial, which contravenes the Constitution. The detention is also an infringement on press freedom.
"I seek for an order for the immediate production of Tumwine in court to show cause why he is in detention for more than 48 hours, lest be released," he requested.
Juliet Kirabo, the sister of the suspect, said Tumwine has been in detention for 10 days.
"My brother has not been charged, presented before any court of law or released, as required by the law," she contended in her affidavit.
