Mutale orders the arrest of his accusers at a trial
Sep 18, 2009
OVERTIME, the court has decided on a number of high-profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that visited the court room.
OVERTIME, the court has decided on a number of high-profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that visited the court room.
THE mention of Maj. Roland Kakooza Mutale evokes fear in some circles. As such, the soldier-cum-politician has found himself facing the Uganda Human Rights Commission tribunal several times, to answer charges of human rights abuse and torture.
Memorable cases include petitions against harassment during the 2001 presidential campaigns, unlawfully arresting and detaining nine men from Kilak county in Gulu district in 1999, as well as a Kampala businesswoman, Betty Nakiyingi, in 1998.
The special presidential advisor on political affairs, however, denied having a hand in all the cases.
The case that lasted longest was the one where Nakiyingi and the nine people from Gulu accused Mutale of unlawful arrest and detention.
Margaret Ssekaggya chaired the tribunal that heard the case. Other commissioners on the panel were Miriam Wangadya, Constantine Karusoke and Faith Mwondh
The special presidential advisor on political affairs, however, denied having a hand in all the cases.
The case that lasted longest was the one where Nakiyingi and the nine people from Gulu accused Mutale of unlawful arrest and detention.
Margaret Ssekaggya chaired the tribunal that heard the case. Other commissioners on the panel were Miriam Wangadya, Constantine Karusoke and Faith Mwondha.
The case
Nakiyingi said Mutale, together with another Police officer, Francis Kawuki, arrested and tortured her. She narrated that operatives in plain clothes picked her from her kiosk on Kafumbe Mukasa Road, near Owino (St. Balikuddembe) Market on March 23, 1998, on allegations that she was a threat to the visiting US President, Bill Clinton.
The tribunal heard the matter in the absence of Mutale and the Attorney General, Francis Ayume.
Nakiyingi told the commission that she was picked up in Mutale’s double-cabin pick-up, registration number UPX 908 and whisked to his (Mutale’s) office at Sure House, Bombo Road. While there, Nakiyingi added, she was allegedly confined in a small room and tortured for three days.
The tribunal’s legal counsel, Stephen Mungoma, said the Police officer (Kawuki) later picked Nakiyingi from Mutale’s office.
Mungoma added that Kawuki took the lady to the Criminal Investigations Directorate (CID) and later to the Central Police Station (CPS) in Kampala, where she was detained without trial for eight days.
About the case of the nine men from Kilak in Gulu, the tribunal heard that Mutale, without the knowledge of any security organ in the district, and through his Civic Defence Team, unlawfully arrested and detained Obuolo Olobo, Komakech, Obel Olanya, Opobo, Odongpiny. Other detainees were Stanley Otto, Celsio Otim, Alfonse Ojara and Opobo Makmoi.
Defence
Mutale’s lawyer, Naava Nabagesera, argued that the human rights commissioners were portraying her client as a ‘gross violator of human rights’, whereas he was not. She warned the commissioners against portraying her client in bad light.
Mutale denied all the allegations labelled against him, although he rarely attended the commission’s hearings.
Kawuki denied responsibility of whatever happened to Nakiyingi, although he admitted to taking her to CID and CPS.
About the men from Gulu, Mutale branded them rebels, saying they had a case to answer. When they went to testify against Mutale on October 20, 1999, the Major instead mobilised the Police and his CDT men to arrest them.
A scuffle ensued at the human rights offices until Ssekaggya called the Police chief, John Kisembo, who ordered Mutale’s men and the Police officers away.
Ruling
The cases could not go far because Nakiyingi said she lived in fear and eventually stopped following up the case.
The nine men also stopped going to the commission after an attempt to arrest them during one of the tribunal sessions. Since there were no more complaints, the case flopped.
THE mention of Maj. Roland Kakooza Mutale evokes fear in some circles. As such, the soldier-cum-politician has found himself facing the Uganda Human Rights Commission tribunal several times, to answer charges of human rights abuse and torture.
Memorable cases include petitions against harassment during the 2001 presidential campaigns, unlawfully arresting and detaining nine men from Kilak county in Gulu district in 1999, as well as a Kampala businesswoman, Betty Nakiyingi, in 1998.
The special presidential advisor on political affairs, however, denied having a hand in all the cases.
The case that lasted longest was the one where Nakiyingi and the nine people from Gulu accused Mutale of unlawful arrest and detention.
Margaret Ssekaggya chaired the tribunal that heard the case. Other commissioners on the panel were Miriam Wangadya, Constantine Karusoke and Faith Mwondh
The special presidential advisor on political affairs, however, denied having a hand in all the cases.
The case that lasted longest was the one where Nakiyingi and the nine people from Gulu accused Mutale of unlawful arrest and detention.
Margaret Ssekaggya chaired the tribunal that heard the case. Other commissioners on the panel were Miriam Wangadya, Constantine Karusoke and Faith Mwondha.
The case
Nakiyingi said Mutale, together with another Police officer, Francis Kawuki, arrested and tortured her. She narrated that operatives in plain clothes picked her from her kiosk on Kafumbe Mukasa Road, near Owino (St. Balikuddembe) Market on March 23, 1998, on allegations that she was a threat to the visiting US President, Bill Clinton.
The tribunal heard the matter in the absence of Mutale and the Attorney General, Francis Ayume.
Nakiyingi told the commission that she was picked up in Mutale’s double-cabin pick-up, registration number UPX 908 and whisked to his (Mutale’s) office at Sure House, Bombo Road. While there, Nakiyingi added, she was allegedly confined in a small room and tortured for three days.
The tribunal’s legal counsel, Stephen Mungoma, said the Police officer (Kawuki) later picked Nakiyingi from Mutale’s office.
Mungoma added that Kawuki took the lady to the Criminal Investigations Directorate (CID) and later to the Central Police Station (CPS) in Kampala, where she was detained without trial for eight days.
About the case of the nine men from Kilak in Gulu, the tribunal heard that Mutale, without the knowledge of any security organ in the district, and through his Civic Defence Team, unlawfully arrested and detained Obuolo Olobo, Komakech, Obel Olanya, Opobo, Odongpiny. Other detainees were Stanley Otto, Celsio Otim, Alfonse Ojara and Opobo Makmoi.
Defence
Mutale’s lawyer, Naava Nabagesera, argued that the human rights commissioners were portraying her client as a ‘gross violator of human rights’, whereas he was not. She warned the commissioners against portraying her client in bad light.
Mutale denied all the allegations labelled against him, although he rarely attended the commission’s hearings.
Kawuki denied responsibility of whatever happened to Nakiyingi, although he admitted to taking her to CID and CPS.
About the men from Gulu, Mutale branded them rebels, saying they had a case to answer. When they went to testify against Mutale on October 20, 1999, the Major instead mobilised the Police and his CDT men to arrest them.
A scuffle ensued at the human rights offices until Ssekaggya called the Police chief, John Kisembo, who ordered Mutale’s men and the Police officers away.
Ruling
The cases could not go far because Nakiyingi said she lived in fear and eventually stopped following up the case.
The nine men also stopped going to the commission after an attempt to arrest them during one of the tribunal sessions. Since there were no more complaints, the case flopped.