Monday, July 22, 2013
Pr Moses Solomon Male demands parliamentary inquiry into Police misconduct in sexual abuse cases
NCAHSAU
NATIONAL COALITION AGAINST HOMOSEXUALITY & SEXUAL ABUSES IN
UGANDA
P. O. Box 11902 Kampala, Uganda
Suite 309 Span House, Plot
1 Portal Avenue, Kampala
15th July 2013
The
Honorable Speaker of Parliament
The
Republic of Uganda,
Kampala.
Ref:
Need for a Parliamentary Inquiry into Police misconducts in sexual abuse cases
Thanks for your contributions toward nation-building and
desire that Uganda must be a better country to live in with effective systems
in place to check all sorts of power abuses.
On the subject, I bring to your attention deliberate and unprofessional Police misconducts which
are not only inducing great injustices and miscarriages of justice, but perpetually
eroding people’s trust in the justice systems and rule of law, and fast discouraging
victims and society at large from reporting offenders and compelling them to resort
to mob-justice.
These
misconducts include compromising with and protecting perpetrators, framing up,
intimidating and / or torture of victims / complainants and their good
Samaritans, fabricating evidence intended to incriminate, deliberately
withholding / destroying evidence, poor investigations and deliberate
non-investigation of complaints reported, among others.
A brief on sample cases below highlights not only need for
a Police audit but an open Parliamentary Inquiry where victims of such misconducts
can tell their stories for a lasting solution to be found.
1.
Lugazi Police
Station sodomy case SD 11/21/04/2013
Briefly, 27 year old Kasolo Sulaiman, a
mechanical engineer desperate to maintain his family applied for a job to
Abisha Steel Industry, Lugazi on 19/04/2013. On 20/04/2013, he was invited,
interviewed and there and then recruited as a mechanical engineer.
The same evening of 20/04/2013, he was invited by the factory
Engineer, Shabaz Muhammad, a Pakistani national into his house to purportedly discuss his salary. Therein, Shahbaz
Muhammad gave him bagiya and water which weakened and made him unconscious that
by the time he regained consciousness in the night in the early morning hours
of 21/04/2013, he had been sodomized and badly injured in the anal-rectal area.
Helped by a Good Samaritan boda-boda cyclist who dropped
him by the Lugazi Police Station, he on 21/04/2013 reported Sodomy case SD 11/21/04/13 and Shahbaz Muhammad was arrested.
In a surprise twist of events, on 22/4/2013, Shahbaz
Muhammad was released and Kasolo Sulaiman was charged of Giving False Information, case 59/22/4/2013, detained
for 7 days without any medical treatment even when the anal-rectal injuries
sustained during the forced sodomy intercourse continued to deteriorate. As a Police detainee, he was on
28/4/2013 admitted for treatment at Kawolo Hospital, where he was chained to
the hospital bed even if there was no way he could move on his own.
Surprising still, though he was being treated because of
injuries sustained during sodomy, medical surgeons made reports which indicated
he hadn’t been sodomized.
During those days, he couldn’t contact his family because
Police officers at the station had deliberately confiscated his mobile phone to
incapacitate his communication.
That same day, Pr Njuki saw him chained on the hospital
bed, heard his story, helped him communicate to his family and later complained
to Lugazi Police Station which culminated into his release the following day, April
29th 2013 on Police Bond (Annex 1).
After discharge from Kawolo Hospital on 29/4/2013, he was
rushed to Bugiri Hospital where he was admitted on 29/4/2013 and discharged on
9/5/2013 (see admission & discharge
note, Annex 2).
On 14/5/2013, after the intervention of the Regional Police
Commander, Lugazi, Kasolo’s case was revisited and he was referred to the
Police Surgeon and he was examined at Muyenga Dispensary by Dr Jackson Kakembo
who confirmed that he had been sodomized (See
PF 3A, Annex 3)
After that confirmation, Shahbaz Muhammad was re-arrested
but was released, reliably on the orders of the Director of CID, Grace Akullo,
and then the charge, Giving False
Information, case 59/22/4/2013 pursued against Kasolo. Kasolo was subsequently summoned to Kibuli CID
HQ for as a suspect. Fortunately for him, considering the pathetic condition he
was in at the time, the Deputy Director of CIID wisely decided to refer him to
Mulago Hospital for further examination to confirm which of the Police surgeons
were telling the truth.
As it so turned out, his condition warranted
hospitalization and he was admitted on 27/5/2013 and discharged on 7/6/2013 (see Mulago Hospital Inpatient discharge form No 548710,
annex 4)and he is till
now on medical treatment which he cannot afford because of inability to do any
work.
After the Mulago confirmatory report that Kasolo Sulaiman
was sodomized, Shahbaz Muhammad was re-arrested, taken to Mukono Chief
Magistrate court where the matter is due to be heard and is currently on remand.
Thanks to the Deputy Director of CIID Mr Musana whose
commitment to a thorough investigation of the matter compelled him to assign Mr
Barasa whose diligence, professionalism and honesty gave life to the case.
2.
Buganda Road
Holden at Mwanga 2 Road Court, Criminal Case No 949 of 2009
Briefly, this case arose after one Herbert Tukunde
approached Pr Michael David Kyazze with a complaint that he had been sodomized
by Pr Robert Kayanja of Rubaga Miracle Centre.
On 17/4/2009 as Pr Robert Kaira sought the Tumukunde
promised video where Pr Robert Kayanja was allegedly indulging in sodomy live
with him (Tumukunde), he was kidnapped from Nabunnya Road in Rubaga together
with a boda-boda rider he had gone with, taken to Rubaga Miracle Center with
Tumukunde who had already been arrested from within Miracle Center Church
facilities, and all were taken to Rubaga Miracle Center facilities.
He was then taken to CPS Kampala where tramped up Criminal Trespass & Possession of Defamation Information charges via OB No 04/18/4/09
were preferred against him.
Eventually, Pr Kaira Robert and Pr Michael David Kyazze
were prosecuted by State Attorney Betty
Agola in Mwanga 2 Court, with impunity, using fabricated evidence.
To beef up their tramped up charges, one of the
investigating officers, Leuben Matsiko who had initially drawn a sketch map of
the scene of crime (Annex 5) putting it at the Nabunnya Road
junction drew another (Annex 6) putting it at the Rubaga Miracle
Center Church gate to amount to a trespass. During cross-examination, he
admitted generating the two contradicting scene of crime reports.
Thought the accused were acquitted on conspiracy charges,
Pr Kaira was ordered to defend himself on trespass which he hasn’t yet done
because of appeals by the state which were quashed and right now, the State
seems not interested, or because Betty Agola was transferred and probably
waiting for opportunity to be taken to Mengo Chief Magistrate Court where
Mwanga 2 Court has been put so that she prosecutes the matter herself.
3.
Buganda Road
Court Criminal case No 1063 of 2010
This case arose because of Police CID bosses Edward Ochom,
Moses Sakira and the current boss Grace Akullo deliberate conspiracy with Pr
Robert Kayanja and action to kill all the sodomy cases that young men Samson
Mukisa, David Mukalazi, Ivan Akansiima, James Brian Ntwatwa and Mutebi Ronnie
had opened against Pr Robert Kayanja as follows:
Ø Akansiima Ivan CPS CRB 3966/2009
Ø Ntwatwa Brian CRB 3969/2009
Ø David Mukalazi CRB 3970/2009
Ø Mutebi Ronnie CRB 3968/2009
Ø Mukisa Samson CRB 3967/2009
In our presence, the IGP, General Kale Kayihura was used by
the Ochom - Sakira - Kayanja clique to rubber stamp the detention of
complainants under guise of witness protection.
Then Police turned on us, Good Samaritans: Pastors Moses
Solomon Male, Martin Sempa, Michael David Kyazze, Robert Kaira, Deborah Anita
Kyomuhendo and David Mukalazi who had
declined to retract his accusations against the pastor, framed and accused us
of conspiracy to injure Pr Robert Kayanja’s reputation and trade contrary to
section 392 b & d of the Penal Code Act.
All the cases reported against Pr Kayanja were summarily
closed and Police conspired with him to fabricate evidence and frame up charges
against us, using the young men whose retractions had been obtained through
coercion:
Ø Samson Mukisa was arrested and
detained under guise of witness protection with the involvement of notorious
Major Salambwa (now deceased).
Ø Similarly, Robson Matovu was also
arrested and detained under guise of witness protection. Surprisingly, time
later after testifying against the accused persons, he recorded a video and had
it delivered to the accused where he apologized for falsely testifying against
them and confirmed that Pr Robert Kayanja had bribed to have the case his way
and confirming his first complaint that indeed, he was sodomized by Pr Robert
Kayanja.
Ø Brian Ntwatwa refused to testify
till he was arrested and detained in Luzira for seven days.
Ø Johnson Mutumba testified but later
also recorded a video where he confirmed that Pr Robert Kayanja had actually
sodomized him.
Shameless and remorselessly, the current CIID boss, AIGP
Grace Akullo falsely testified against us and admitted in cross-examination
that she never bothered to investigate sodomy because the young men retracted.
Emotionally led, she is unfortunately today in charge of CIID.
Then later, after Matovu and Mutumba videos had featured on
You-tube, both featured in one video in which they claimed having been
kidnapped and put at gun point before cameras to allege that Pr Robert Kayanja
had sodomized them. Our efforts to have the
Police CIID investigate their claims of sodomy and kidnaps via letter to the IGP dated 26th September 2012 (copied and delivered
to you) proved vain.
On 3/Oct/2012, after thorough abuse of the court process,
we were convicted and sentenced to pay U Shs 1,000,000 and 100 hours of
community service each for a crime we never committed. Our appeal against the
conviction and sentence still stands.
- Old
Kampala Police Station Sodomy complaint SD 09/02/11/07
In November 2007 at Old Kampala Police Station, Juvenile Mukomeza filed sodomy complaint SD 09/02/11/07 against his employer, Joseph Basaliza, suspected to
be connected to or a member of one of the state security agencies. The Bombo
Road Police surgeon, after inquiring of the particulars of the person who had
sodomized him produced a report dated 12th November 2007, ruling out
sodomy (See annex 7). On the
contrary, the Kabalagala based Police surgeon report dated 27th
November 2007 proved a history of anal rectal intercourse (see annex 8).
- Kabalagala Police Station SD 29/28/09/08
When
David Arinaitwe reported sexual abuse by Pr Isaac Kyoobe Kiwewesi on case SD
29/28/09/08 at Kabalagala Police Station, in a
surprising twist in the case, he was subsequently accused of car theft and
detained at Luzira while his alleged abuser was declared innocent.
6.
Luwero Criminal
Cases 458 & 459 of 2010
When Kavuma Sadique Fahad, a teacher of Zakayo Musisi
Memorial Primary School, Luwero, sodomized 13 year old Nakibinge Dan Ssozi and
14 year old Dan Nkoyoyo, instead of charging him appropriately of aggravated
defilement in case 458 (Annex 9) and defilement in case 459 (Annex 10) where sentences are stronger according to Section 129 of
the Penal Code Act amended in 2007, Police charged him under Section 145 of the
Penal Code, getting a 3 year jail sentence on each count.
7.
Case files Natete
Police CRB 486/2013 and Mulago Police Post SD 15/3/6/2013
It all started when 22 year old Moses Muwanguzi reported a
sodomy and kidnap case CRB 486/2013 at Natete Police Station in which
he accused Pr Robert Kayanja of sodomizing him. In a twist of events, he was
accused of bribing a Mulago medical doctor with U Shs 500,000 to be issued with
a fake medical report indicating he had been sodomized and was arrested on
3-June-2013.
After detention for over
three weeks in Mulago, Wandegeya and CPS Police cells (3/6/2013 – 27-6-2013), he was produced in LDC court, charged
under Mulago Police Station CRB 171 2013, denied bail and remanded; produced
again in LDC Court on 11/7/2013, remanded again, then taken to Mwanga 2 Court
on 12/7/2013 for other charges which include giving Police false information,
denied bail too and remanded.
At the time of writing this brief, he is on remand in
Luzira facing charges in two different courts, LDC and Mwanga 2 Courts with
possibility of more charges opened up against him in other courts just to
torture and compel him to give up his pursuit for justice through the normal
justice system.
8.
Football guru
Chris Mubiru filmed sodomy acts:
Despite complaints of sexual abuses (sodomizing) of players
in the football fraternity against Chris Mubiru dating back to the 1980, Police
failed to investigate till his videos leaked to the media. Even then, many of
his victims fear to come out openly because of his high connections in
corridors of power. As a matter of fact, much if not all the Bombo UPDF
Barracks and infantry headquarters is located on his ancestral land.
Apparently, those who would dare accuse him of sodomizing
them would end up in police cells.
Use
and abuse of systems with impunity
From all indications, all cases cited highlight use and
abuse of systems with impunity. Victims of sexual abuses continue to face
injustices and further victimizations in their attempts to pursue justice.
Noteworthy is that sex related offenses are very difficult
to prove against perpetrators and the number of cases reported to Police is far
lower than the actual incidences. And the rate of conviction is far below the
number reported.
According to the 2009 Police crime report, of the 7,360
cases registered, only 4,433 suspects were arrested and taken to court, of whom
only 467 were convicted, a conviction rate of slightly above 10% of cases
prosecuted, just 6% of cases reported.
And for rape; of the 619 cases reported, only 240 suspects
were arrested and charged of whom only 12 were convicted, a conviction rate of
only 5% of cases prosecuted, just 2% of cases reported.
In subsequent crime reports, Police CIID has avoided giving
figures of convictions because they paint a very bad picture of the justice
system.
With
such a scenario, we believe there is need for a Parliamentary inquiry into
Police misconducts in sexual abuse and other cases if justice for the hurt is
to become a reality and people dissuaded from resorting to mob-justice.
I re-iterate my stand, ‘Mob justice is not a
deliberate attempt to flout the law, but an inner compulsion due to people’s
lack of trust in the judicial and entire law enforcement system based on any
previous attempts to get justice in vain.’
I also believe that Uganda’s problem is not
absence of good laws, but lack of the will to enforce the laws on the part of
the systems supposed to enforce the laws and ensure justice and redress to the
hurt. Laws without willing systems are just a waste and no law
can cause miracles to happen when the systems lack the will.
On the proposed Anti Homosexuality Bill 2009:
Rather than make a new law on
homosexuality, let Parliament under your guidance redefine Rape under section 123, indecent
assault under section 128, Procuration under section 131, and Procurement of defilement
of women by threats under section 132, all of the Penal Code Act, to include both men and women
(male and female) and sexual act redefined to include penetration of the
vagina, mouth and anus by a sexual organ or tool just like it was done in cases
of defilement under section 129 of the 2007 amendment to the Penal Code Act accented
to by H.E The President, copy attached (Annex 10) for your perusal.
It will save cost and promote
equal treatment of male and female sex offenders, and heterosexuals and
homosexuals for sexual offenses committed.
Finally, wisely, Edmund Burke (1729-97) said: ‘The only thing necessary
for the evil to triumph is for good men to do nothing.’
We look forward to your favorable response and the onset of
the Parliamentary Inquiry to deal with
deliberate use and abuse of the systems with impunity.
Peace and blessings.
For
God and our Country.
Yours
sincerely,
For
and on behalf of NCAHSAU
Pr
Moses Solomon Male
-
Leader, National Coalition Against Homosexuality and Sexual Abuses in Uganda
-
Executive Director, Arising For Christ,
-
Publicity Secretary, National Committee on False Teaching Awareness
0772479386
/ 0702196511, msmalearch@gmail.com
C.c: H.E The
President of the Republic of Uganda
C.c: Secretary
General, IRCU
C.c: Hon
Minister of State, Ethics & Integrity
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