TZ court sets June 25 to announce Mukulu's fate

Jun 19, 2015

THE Kisutu Resident Magistrates’ court in Dar es Salaam set June 25, 2015 as the date it will deliver its ruling on the extradition of the leader of the rebel group Allied Democratic Forces (ADF), Sheikh Jamil Mukulu, to Uganda to face prosecution.

By Vision Correspondent

THE Kisutu Resident Magistrates’ court in Dar es Salaam set June 25, 2015 as the date it will deliver its ruling on the extradition of the leader of the rebel group Allied Democratic Forces (ADF), Sheikh Jamil Mukulu, to Uganda to face prosecution.

This was after Uganda submitted supplementary information to the court relating to the charges against Mukulu.

When Mukulu reappeared before court on Friday, Principal State Attorney, Edwin Kakolaki informed the court that Uganda had submitted the additional information as it was ordered on June 12, 1015.

He prayed to court to order extradition of Mukulu.

But Defence Counsel, Martin Rwehumbiza requested the court to allow the accused to file a reply on the additional information before the ruling.

This was opposed by Kakolaki saying that court’s directive was for Uganda government to submit additional information and not the accused to give a reply.

“What we the parties are entitled to is just the ruling of the court, because the order was made and the information has been requested to assist the court in analyzing its ruling,” said the prosecutor.

Mr Rwehumbiza said that it was upon the court to decide whether the respondent (Mukulu) should deliver the reply or not.

Senior Resident Magistrate, Huruma Shahidi said that it was not in court’s jurisdiction to discuss the charge sheet because Tanzania is not going to here the full trial of the cases.

He pointed out that the order issued by Principal Resident, Magistrate Cyprian Mkeha, was very clear that additional information be funded on June 19, this year.

The case was adjourned and it was ordered that Mukulu be returned in remand custody.

Why Uganda government wants Mukulu extradited:

According to court documents filed by the prosecution, Mukulu is required in Uganda for prosecution on five murder charges, three relating to attempted murder and two involving armed robbery.

Mukulu is further wanted for commanding a spate of brutal attacks against civilians in both Uganda and Congo since the late 1990s.

In an interview with New Vision in Dar-es-Salaam last month, Bernard Kamillius Membe, Tanzania’s Minister for Foreign Affairs and International Cooperation said following consultations with local authorities and the United Nations (UN), his government had resolved to extradite Mukulu to Uganda.

Membe said when Mukulu was arrested, his Government considered two options; either to handover him to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), or to Uganda.

“The first option was to deliver the ADF commander to MONUSCO and we had to get permission from the UN to do that. But the UN declined, on grounds that, according to the rules of their engagement, Mukulu cannot be delivered to the MONUSCO forces,” said Membe.

“And we were only left with one option- to extradite the ADF commander to Uganda; I know the extradition will be effected.”

The ADF fled from Uganda around 2000 and established camps in the eastern Democratic Republic of Congo.

From eastern Congo, the rebel group is accused of committing heinous atrocities including executions, kidnappings, torture and rape.

There are reports that a Congolese military court tried Mukulu in absentia and sentenced him to death in November 2014, after convicting him and three others for terrorism and murder, in relation to a spate of attacks inside Congo.

The Congo government has indicated it seeks to extradite to Kinshasa to face prosecution.

Mukulu was put on the U.N. sanctions list in 2011 for his role in the destabilisation of Congo.

Mukulu and his group reportedly killed 1 000 people between 1998 and 2000 in western Uganda, according to International Crisis Group.

Mukulu’s ADF in 1998 raided and killed 80 students at the Uganda Technical College Kichwamba in Kabarole district in1998.

The group also abducted students of St. John the Evangelist Minor Seminary in Kiburara, Kasese district.

Mukulu was born in Ntooke village in Ntenjeru Sub - County, Kayunga district on January 1, 1964.

Born a Christian, Mukulu converted to Islam later and became a Muslim cleric before he launched war on Museveni’s administration in the 1990s.

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