By THE OBSERVER UG
Relatives of the 18 missing supporters of the National Unity Platform (NUP) have taken action by storming the High Court civil division in Kampala, demanding the immediate release of their family members. Most of the concerned individuals are women and children who argue that the continued detention of their loved ones, allegedly by government agents, is unlawful and violates their fundamental human rights enshrined in the constitution.
The missing individuals are John Bosco Kibalama, John Damulira, Shafik Wangolo, Martin Lukwago, Michael Semudu, Musisi Mbowa, Vincent Nalumoso, Dennis Zimbula, Muhammad Kanatta, George Katumba, Moses Mbabazi, Yuda Ssempijja, Alphat Mugumya, Peter Kitya, Mustapha Muwemba, Hassan Mubiru, Isma Ssesaazi, and Godfrey Kisembo.
In their court application, the relatives assert that the government’s actions amount to a flagrant violation of its human rights obligations to respect, uphold, and promote fundamental human rights and freedoms. They are seeking compensation for the breach of the applicants’ constitutional rights and are requesting an order for damages and punitive measures.
The court records submitted on Tuesday indicate that the missing persons were arrested by security agents from various locations, taken into custody, and have neither been brought before any court of law nor charged with any lawful offense.
The documents presented to the court indicate that the relatives of the missing individuals have exhausted all reasonable means to locate them without success, and the places of their detention remain unknown to date. The key government institutions, including the Uganda Police Force and the Uganda Human Rights Commission, have reportedly failed to provide information about their whereabouts.
The legal team, led by PACE Advocates and George Musisi, argues that the Attorney General, as the respondent, is not only vicariously liable for the human rights violations, actions, and misconduct of the security agencies but must also be accountable for the whereabouts of the missing applicants. The individuals were last seen being arrested and detained by security agencies.
Monica Nabukeera, the wife of John Bosco Kibalama, stated that her husband, an accountant with BAT Uganda, mysteriously disappeared on June 3, 2019. His vehicle, registered as UAZ 199E, was found abandoned along Kampala Gayaza road near Ssekanyonyi police post. Despite opening a case with the police (ref no. SD 02-04-06-2019) and being referred to Kansagati police division, she has received no feedback regarding the status of the investigations into his disappearance.
Monica Nabukeera, in her affidavit, narrates that she saw in local newspapers and television reports that the then Minister for Internal Affairs, Jeje Odongo, mentioned that John Bosco Kibalama was facing trial in the army court. However, to date, no further developments have occurred. Additionally, Prime Minister Robinah Nabbanja reportedly stated to journalists that Kibalama was in state custody.
Winifred Katana, the wife of John Damulira, stated in her affidavit that her husband, a businessman dealing in motor vehicle spare parts, was arrested on November 21, 2020, at around 11 am. She recounts that her son, Damulira Alvin, who was with him at the time, and three others were also taken together with her husband by armed men in civilian clothes in a motor vehicle van, commonly known as a drone, whose registration details couldn’t be readily ascertained. The individuals were hooded, handcuffed, and driven away, but her son, along with three others, was later dropped at the Kireka Railway line.
Dr. Lina Zedriga, the NUP vice president in charge of northern Uganda, has stated that if the government cannot account for the missing individuals, they should provide their bodies so that they can be accorded a decent burial.
The National Unity Platform (NUP) has taken legal action, heading to the court to demand the release of 18 missing supporters. According to NUP secretary-general David Lewis Rubongoya, this is not the first time they have gone to court to seek the release of individuals listed in the petition. Previous efforts included petitioning parliament, resulting in debates and various reports, including police reports allegedly indicating that the missing individuals were abducted by the government, but no release has occurred.
Rubongoya highlighted that NUP is facing challenges in caring for 189 children who have lost their parents due to alleged state violence, detention, or are still missing.
Joel Ssenyonyi, the Leader of the Opposition in parliament, firmly believes that the individuals were abducted by the government, refuting claims that NUP would abduct its own members. The court has summoned the Attorney General to respond to the allegations within 21 days, with the case scheduled for hearing on April 8, 2024, before Lady Justice Esta Nambayo.
The Uganda Human Rights Commission has previously reported on missing persons in the country, with a report in October 2023 indicating that 12 individuals reported missing were arrested on suspicion of committing various offenses and were either released on police bond or court bail.
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