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.
 
  1. 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).
 
  1. 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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