Human Rights lawyer Opiyo charged, remanded

CRIME | POLICE | HUMAN RIGHTS 

Human Rights defender, Nicholas Opiyo, was on Thursday afternoon charged at Nakawa Chief  Magistrates Court with money laundering and neglect to submit annual returns to the NGO Bureau and remanded till December 28, 2020.

The charge sheet prepared by the Uganda Police Force and signed by Elly Womanya, the Director Special Investigation Directorate indicated that, "Opio on October 8, 2020, at ABSA Bank Garden City branch in Kampala district, acquired $340,000 through ABSA Account Number 60040780445 in the names of Chapter Four Uganda, knowing at the time that said funds were proceeds of crime."

Chief Magistrate, Douglas Singiza denied him bail arguing that he has no jurisdiction to hear his case.

The magistrate noted that the charges against Opiyo, can only be heard by the High Court. He was remanded to Kitalya Government prison.

The fate of the other four suspects, who included lawyers Herbert Dakasi, Esomu Obure, Anthony Odur and Human Rights officer, Hamid Tenywa however, remained unknown by press time.

On Wednesday (December 23, 2020) Police Spokesperson, Fred Enanga, noted that they had deepened their investigations into money laundering charges preferred against Opiyo who is also the Chapter Four Executive Director who was arrested alongside three colleagues in Kamwokya on Tuesday (December 22, 2020) afternoon.

Enanga did not disclose what they had recovered from the search they had conducted at Opiyo's office and home but noted that their forensic teams were analyzing exhibits.

"We would like to further inform the public that the Task Team actively investigating Lawyer Nicholas Opiyo and others for violating anti-Money laundering rules has deepened its investigations into the preliminary findings".

In addition, our Forensic teams are analyzing exhibits that have been recovered so far.

The suspects still remain in our custody at the Special Investigations Division (SID) Kireka.

Sources, however, told the New Vision that part of what was recovered was Action Aid report where Opio serves as the Board Chairman.

Opiyo was driven out of the SID offices in Kireka to help police in the search.

On Wednesday civil society organisation condemned the Ugandan Security agencies for the arrest and detention of four lawyers on Tuesday who they claimed were Human Rights defenders.

In a statement signed by over 20 non-governmental organizations and individuals, they noted they were deeply concerned with the reports of the arrest of lawyers Nicholas Opiyo, Herbert Dakasi, Esomu Obure, Anthony Odur and Human Rights officer, Hamid Tenywa on  December 2020.

"Eyewitnesses report that Opiyo and the others were handcuffed before being speedily driven off in an unmarked van with tinted windows. Following their arrest they were taken to an undisclosed location and denied access to their lawyers, family members or colleagues," the statement partly reads.

They called for the immediate and unconditional release of the five.

Ensure full due process, including the right to a fair trial to Opiyo, Dakasi, Obure, Odur and Hamid.

They also demanded that the four be promptly presented before a civilian court of law.

That police refrains from the arbitrary detention of citizens in retaliation for exercising their fundamental civil and political rights.

Police refrain from illegitimately targeting non-governmental organizations through the misuse of legislation and the criminal justice system, including terrorism and anti- money laundering laws.

The police had on Tuesday confirmed they were the ones who arrested Opiyo and the others.

"We would like to confirm the arrest of Lawyer Opiyo by a Joint Task team of Security and Financial Intelligence, on allegations of money laundering and related malicious acts. The investigations are progressing well and any new developments will be communicated in due course. He remains in our custody at the Special Investigations Division," Police stated.

The Civil Society organisation statement condemned the manner in which the arrest was conducted noting that, "the manner in which they were arrested is tantamount to an abduction, which combined with their incommunicado detention overnight, is a violation of recognized due process rights under national, regional and international law."

They also noted that on December 23, Chapter Four Uganda, where Opiyo is the director, subsequently confirmed that several lawyers had been granted access to him.

"It, however, remains unclear if the others have also been granted access to their legal representatives or the nature of the charges against them."

The statement noted that the International Covenant on Civil and Political Rights, as well as the African Charter on Human and People's rights, guarantee at a minimum, all arrested persons fundamental due process rights, including the rights to be immediately informed of the reason of the arrest; immediate access to a legal practitioner of one's choice and the right to be promptly produced before a court of law.

"The arrest of Opiyo and his colleagues come at a time when several organizations including the African Commission on Human and Peoples' Rights have raised concerns over the pre-election environment in Uganda, which has been characterized by increased restrictions on civic space.

This has included arbitrary arrests, excessive use of force and restrictions on the exercise of freedom of peaceful assembly, association and expression," the statement noted.

It further noted that, "most recently, the Financial Intelligence Authority ordered the freezing of bank accounts held by several non-government organizations, accusing them of financing terrorism.

These acts amount to intimidation and delegitimization of non-governmental organizations, particularly those working on human rights and promoting good governance.

We remind the government of Uganda of the important role of civil society organizations in contributing to and sustaining a robust democracy.

In particular, lawyers play a crucial role in protecting the human rights of vulnerable groups, holding governments accountable and ensuring respect for rule of law."

The statement also noted that United Nations Basic Principles on the Role of Lawyers are clear in that governments shall ensure that lawyers are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference.

"Furthermore, lawyers like other citizens are entitled to freedom of expression, belief, association and to take part in matters of public discussion concerning the law, the administration of justice and the promotion and protection of human rights."