Rogue security officers must carry their crosses, says Attorney General

Jan 08, 2021

Kiiza purported that the Director of Public Prosecutions is complicit in the deliberate humiliation of lawyers.

POLICE|ULS|ILLEGAL ARRESTS

KAMPALA - The Attorney General (AG) has said errant state security officers who conduct illegal arrests must individually answer for their actions.

The AG says it is unfair to conclude that such arbitrary actions are institutionalised.

The commissioner of contracts and negotiations in the AG's chambers, John Bosco Suuza, voiced the AG's stand, Wednesday (January 6, 2021) during the Uganda Law Society (ULS) virtual extraordinary annual general meeting.

The ULS executive council converged at Fairway Hotel in Kampala, while other members took part via Zoom and Facebook.

Suuza is the AG's representative to ULS and his response was prompted by submissions from lawyers Eron Kiiza and Phillip Munaabi.

The duo is leaders of the 41 petitioners who moved ULS to convene the meeting, claiming there is an escalating streak of arbitrary arrests, detention and persecution of advocates in line of duty.

Kiiza made reference to the arrest of human rights lawyer Nicholas Opiyo and others in December last year, describing it as a shabby move devoid of the prerequisites.

He emphasised that the lawyers were abducted and detained beyond the legally accepted 48 hours. Opiyo is accused of money laundering.

Kiiza purported that the Director of Public Prosecutions is complicit in the deliberate humiliation of lawyers.

He said all the state security agencies hide behind the Police, saying the institution is used to sanitise the illegal deeds.

"There is persecution disguised as prosecution. We have to arrest this situation before it turns into a volcano," Kiiza said.

"The Police is a clearinghouse for all these variants. People, including lawyers, are arrested, taken to various detention centres, then dumped at Police," he added.

Munaabi expressed fear that such illegal arrests could morph into a disaster for the legal profession. He proposed creation of a quick action liaison committee between ULS and the security agencies.

Munaabi also suggested a regular interface between lawyers and field security officers.

"We need to conduct regional workshops with these officers. Some of them do not know what they are doing. They are simply told what to follow," he said.

The lawyers also expressed fear that arresting them without prior notification could compel them to abandon court.

AG responds 

Suuza acknowledged that some security officers have acted beyond their mandate.

"It is true that individual agents have operated outside the law and exceeded their mandate. It is important to distinguish the actions and omissions of individual officers.

"There is no persecution.... Denying someone access to their lawyer is against the law," he said.

However, Suuza cautioned ULS to be vigilant, saying some lawyers engage in criminal activity under the cover of their profession.

ULS leadership speaks 

ULS president Pheona Nabasa-Wall echoed the fraternity's sentiments, saying the illegal arrests are disruptive during the execution of their duties.

"We are soldiers of justice and our war room is the courtroom. The strong language you are hearing is because of what is happening.

"We are not talking about immunity from criminal prosecution. We are saying, can we have some professionalism, be arrested by people who identify themselves and notify the families of those arrested," Nabasa-Wall added.

Former ULS president Simon Peter Kinobe said lawyers should speak with clarity and realistic purpose.

"Advocates should operate within the law. We should concentrate on the due process of the law. We are not above the law," Kinobe said.

Resolutions 

The Uganda Law Society (ULS) condemned in strongest terms the arrest of lawyers in the course of duty without regard to the due process of the law.

The fraternity resolved to write a protest note to the AG, Inspector General of Police and other state security agencies, expressing discontent.

ULS also said it would strengthen the mandate of the fraternity's Criminal Law Cluster and also expand the mandate of the ethics committee to ensure timely response to arrests. 

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