ISO boss, AG dragged to court over safe houses

Aug 23, 2018

The trio wants a declaration that the trial of civilians in the army court martial is unconstitutional

Three people, who say they are "concerned citizens", have dragged Internal Security Organisation (ISO) boss Frank Kaka Bagyenda to court, seeking several declarations requiring him to close alleged safe houses.

Bagyenda was sued together with the Attorney General (AG). The group is also seeking court's declaration that the arrests and detention of citizens by ISO is unconstitutional.

The applicants who filed their application on Wednesday at the civil division of the High Court are Kenneth Kugumaho, Bonny Akol and Ronald Tugume.

They are also asking the court to stop ISO from carrying out more arrests and or detention of people.

The trio further wants a declaration that the trial of civilians in the army court martial is unconstitutional.

In their affidavit, they state that the ISO boss on July 9, 2018 and November 22, 2017 at Uganda Media Centre and ISO headquarters in Nakasero addressed a press conference an act contrary to Articles 23(2), (4),(5) (c) and 28 of the Constitution .

The said articles state that a person arrested, restricted or detained shall be kept in a place authorised by law.

Article 28 of the Constitution also states that in the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

They allege that Kaka personally directed and monitored a raid and invasion of an MTN data centre in Mutundwe, Kampala on July 2, 2018 where gun wielding agents kidnapped and assaulted MTN employees, an act that was in violation of Articles 24, 27(1) (a) and (b) of the Constitution.

Article 24 and 27 of the Constitution states that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment and also have his or her home searched unlawfully.

The court documents indicate that on July 9, 2018 Bagyenda paraded suspects before the media in violation of the Security Organisations Act, 1987.

The trio further asserts that on July 10, 2018 the respondent (Bagyenda) directed and monitored a raid on the Ministry of Lands' information system center, an act that violates the Constitution.

The complainants allege that the agents of AG under ISO engage in acts of kidnap and detention of Ugandan citizens in ungazetted places.

They contend that the agents of AG under ISO operate a safe house in Kyengera from where Ugandan citizens are tortured.

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