UGANDA HUMAN RIGHTS ACTIVIST: 23 still denied bail a year later

23 still denied bail a year later.

A year after last year’s riots in Buganda in which at least 30 people died, 23 people are still languishing in prison following a refusal by the High Court to grant them bail.
The 23, facing terrorism charges for, among other accusations, burning the Nateete Police Station, are part of the estimated 150 people who were arrested countrywide in the wake of the September 2009 riots.
The riots followed government’s directive stopping the Kabaka of Buganda, Ronald Muwenda Mutebi II, from traveling to Kayunga, which falls in his kingdom.

Most of those arrested, according to Uthman Abubaker Mulindwa, a lawyer who defended them, have been released on bail, pending prosecution.
“Lack of prosecution is attributed to the fact that the state has failed to gather incriminating evidence against them,” he told The Observer.
The 23 still awaiting release were last denied bail on September 3 when High Court judge Benjamin Kabiito ruled that they could abscond from trial if released.
Kabiito encouraged them to be patient, saying they would soon have opportunity to defend themselves in court. He, however, couldn’t tell when their trial would commence, noting that it would depend on the discretion of the High Court registrar who determines when cases are heard.
“You shouldn’t be afraid; there is no need for anxiety. That is the best way of handling this issue.
You have to be patient as of now,”they committed the offences with others still at large.
Under the Anti-Terrorism Act, any person found guilty of the offence is liable to death.
all men, were struggling to hold back tears.
To their guardians and relatives who had gathered at the court premises, the verdict ended hopes of a reunion with their dear ones.
“I need some time,” said a sobbing Nalongo Nalugo when asked for a comment. Her brother, Livingstone Jesero, is among the 23 terrorism suspects.
Nalugo attributes her brother’s arrest and continued incarceration to politics and envy among traders of Nateete market where she has a stall.
“People just came in asking for DP members and that is how he was arrested because he belongs to DP. Why did government allow political parties if they weren’t ready to tolerate divergent views?” she asked.
Before his arrest, Nalugo says, her brother had four children and a pregnant wife who has since given birth. “It is a struggle for me to look after them from my meagre earnings.”
Another relative who didn’t want to be named is worried that Jesero’s trial is not about to come. “They haven’t tried cases of 2006, how can they [look into] those of 2009?” he asked.
Sauda Namutebi, mother to Musa Ssenyondo, another suspect, wasn’t willing to discuss her son’s dilemma.
“I have always talked to journalists, but my son is still in jail; what do I gain by talking to you?” she asked.
She, however, narrated her problems, always having to travel from Butambala to Kampala each time her son appears in court.
“There was a time I came to Kampala three times a week.”
This is compounded by the fact that Ssenyondo was the breadwinner in the family.
“I am married but he was the one helping all of us,” she said.
Although Ssenyondo is comforted by her visits, Namutebi will soon stop visiting for lack of transport. On average, she spends Shs 20,000 each visit, yet she hardly earns a living.
The suspects’ lawyer, Mulindwa, laments that some of the suspects “have lost jobs or been told to stop working by their respective employers pending the decision of courts in respect of the accusations.”
He cites Evelyn Nakiryowa, Herbert Matsiko, Faruk Semakula and Phillip Mutyaba who are students and should be concentrating on their studies.

Unending agony

For those who lost loved ones in the riots, the agony persists. Following a story in The Observer that detailed the names and pictures of the deceased see The 30 who never survived the riots, October 30, 2009, a lawyer contacted their relatives, seeking compensation from the government.
He didn’t make headway. He told The Observer last week that he couldn’t proceed with the case because another lawyer, Ladislus Rwakafuzi, had already petitioned on their behalf.
Florence Namayanja, who lost her brother, Bruno Mayanja, says they provided all the requirements, including a death certificate, but nothing has been forthcoming.
A mother of two who runs a food kiosk in Katwe, Namayanja says she is unable to look after her brother’s children because of her meagre earnings.
“Customers are not coming; we serve food and people don’t come; it is a struggle,” she said.
She, however, says Mayanja’s widow, who at the time of his death wasn’t working, now also sells food, earning Shs 1,500 a day.
Rwakafuzi told The Observer that he has sought compensation for only two people - Abdullah Byabashaija who lost his wife, Stella Kabasinguzi, and another man who lost two sons.
However, even these cases haven’t progressed fast enough.
“We are at the mercy of judges, no new appointments are being made; the only appointments being made are of those that die or retire,” he said.