Law courts weaponized against political protesters 

At least 32 protesters have been released either on police bond or granted bail by court after their arrest last week for participating in the march to parliament protests.

Those granted bail by press time include Muhwezi Eric, Magara Brian, Kato Jeremiah, Kanunu Ashiraf, Onyango David Anderson, Kiyaga Eddy, Ssagala Abdul Rahman Kabanda, Abdul Majid, Mutibwa Innocent, Muwonge Vian, Abdul Bast Najib, and Maseruka Robert. Others are Pato Denis, Kalenda Abigail, and Nalunkuma Ruth.

These individuals had been charged with crimes such as being a common nuisance and disobeying traffic rules, among others. Most were released on cash bail ranging from Shs 100,000 to Shs 200,000 and non-cash bail of between Shs 500,000 and Shs 2,000,000. According to Agather Atuhaire, one of the activists working to free those arrested, they have been diligently working to secure the freedom of all those detained since July 22.

“Our job with my colleagues at Agora Discourse and some other well-wishers has been to track who is arrested, who is detained where, who needs sureties, lawyers, and fees for bail, etc. We have a list of all that. Luckily some people were released without being charged, slightly over 20. Those who were charged, the bail hearings started today [Monday, July 29] and 12 people were released on bail. There are six whose ruling for bail was deferred to August 8. So yeah, the exercise is tough in terms of mobilizing resources and sureties, but Ugandans are responding positively. We have another bail hearing [Tuesday], and Wednesday we wait to see how it goes,” Atuhaire said.

According to a statement by the Uganda Police Force, by July 25, at least 104 people had been arrested, with the majority already produced in court and charged.

“Between July 22 and July 25, 2024, demonstrators attempted to march to parliament in Kampala, leading to significant police intervention. July 22, 2024: Nine individuals were arrested and charged with common nuisance and traffic regulation violations, all of whom were taken to court. July 23, 2024: A total of 75 suspects were apprehended; 74 were subsequently taken to court, while one remains in police custody. July 24, 2024: Three individuals were arrested and charged with common nuisance offenses, all of whom were taken to court. July 25, 2024: Sixteen people were arrested; 13 were taken to court, and three are still in police custody,” a statement by police spokesperson Kituuma Rusoke reads.

The rapid arrests and quick arraignment in court have raised questions about the impartiality of the judiciary in the ongoing political contestations. Activists have accused the judiciary of being used by the executive to abuse the rights of Ugandans. Makerere University lecturer Dr Jimmy Spire Ssentongo, one of the leading activists against corruption, stated that quickly charging protesters and sending them to long remand periods clearly shows the judiciary is tilted towards the executive.

“Now some magistrates first punish you with long remand, then hear your case. When arms of government get obscenely fused, those who challenge the powerful in government are bound to always be guilty until proven innocent,” Ssentongo said on his X account.

However, in a statement, the judiciary denied that it was taking sides in the contestation.

“The Constitution…establishes the Judiciary as an independent arm of government mandated to administer justice. Suffice to say, judicial power is exercised in the name of the people and in conformity with the law, values, norms and aspirations of the people. In exercising this mandate, the courts act independently and are not subject to the control or direction of any person or authority. The Judicial Oath further mandates every Judicial Officer to administer justice without fear, ill will or affection,” the statement reads in part.

The judiciary emphasized that its role is not to descend into the arena of disputes but, rather, to wait for matters filed before it for determination.

“The criminal justice process involves, among others, reading charges to the accused, consideration of bail which may or may not be granted. These are judicial processes that are handled with judicial discretion,” the statement adds.

SEXUAL HARASSMENT ALLEGATIONS

Allegations of sexual harassment have surfaced following the arrest of individuals who attempted to march to parliament. According to Dr Jimmy Spire Ssentongo, several detainees reported being sodomized while in police custody. In a post on X, Ssentongo expressed his outrage, stating that sodomy was being used as a weapon against protesters.

“Some of the released boys say that they were subjected to anal rape by police officers while in custody. Another NUP young man raised the same complaint upon release recently, on top of his teeth also being knocked out. So, a government that claims to fight homosexuality uses anal rape as a form of torture. How did we get here? How does a male police officer get turned on, lower his uniform pants, and force a young male suspect to bend over for him to work his rectum?” Ssentongo wondered.

The police swiftly denied these allegations, calling them propaganda against the force.

“The police are very conscious of the rights of suspects and take their responsibilities seriously. We implore you to desist from spreading false narratives and misleading propaganda that only serves to tarnish the reputation of the police force. Spreading malicious lies and baseless allegations is highly unprofessional and unethical,” a statement by police spokesperson Kituuma Rusoke reads in part.

President Yoweri Museveni has vowed to deal ruthlessly with anyone who attempts to protest against corruption. In a statement last week, Museveni claimed to have intelligence that those participating in the march were agents of foreign interests.

He also suggested that the charge sheets would be amended to reflect more stringent charges.

“The evidence in court will shock many. As I said, the planners of these demonstrations wanted to do very bad things. The charge by the Police of ‘idle and disorderly,’ I suspect, was used because the deployed personnel did not have all the information. This was a high-quality, intelligence-led operation. I have most of the information,” Museveni’s statement reads in part.

The organizers of the march have vowed to continue their protests despite the crackdown and have rejected Museveni’s characterization of them as agents of foreign interests. Museveni’s fears may be influenced by recent events in Kenya, where protests initially sparked by a controversial Finance Bill 2024 escalated into demands for President William Ruto’s resignation. Museveni has vowed never to allow a similar situation to unfold in Uganda.