By Julius Mugaga Tukacungurwa/ Umoja Standard.

Kampala, Uganda: Mariam Fauzat Wangadya, the Chairperson Uganda Human Rights Commission (UHRC) sounded this warning during the launch of a one-week tribunal at the Kabale Regional Office during which she strongly appealed to security agencies like the police and others to abhor from engaging in unlawful practices that could culminate in harm or even death of human beings.

“impunity will not be tolerated, all you need to do is upholding the law and protect the rights of Ugandan citizens.” She stated.

This tribunal is the first of its kind at the Kabale Regional office and aims to address 13 cases reported to the branch, which serves the six districts of the Kigezi sub-region: Kabale, Kisoro, Kanungu, Rukiga, Rubanda, and Rukungiri.

Led by Hon. Mariam F. Wangadya, three other commissioners—Hon. Col. Rtd. Stephen Basaliza, Hon. Lamex Omara Apitta, and Hon. Crispin Kaheru, she reiterated the commission’s stance against handling capital offenses such as robbery, murder, attempted murder, kidnap, and defilement, urging the public to take such cases to the courts of judicature. She emphasized that the UHRC’s mandate is to protect the rights of the innocent and marginalized, not to defend criminals.

During this, the Commission successfully executed the long-awaited justice for what it called intentional police killing of Twinomujuni Innocent Mutekanga son of Rugasimbana who died on 25th May, 2008. Rugasimbana had turned to the UHRC tribunal after the courts convicted the murderers but failed to order compensation for the family of the deceased.

The High court had directed charges of murder to be instituted against the Inspector of Police IP Buko Difas, the then OC Station for Kabale and D/CPL Karuhize Micheal who intentionally executed one Innocent Twinomujjuni Mutekamga at Kabaraga Hill.

The tribunal ruled that the family of the deceased be compensated with UGX45 million and cautioned security forces that impunity has no place in a civilized society.

This came in place following the testimonies of all witnesses including that of the doctor who carried out postmortem on the body of Innocent Twinomujuni Mutekanga implicated agents of the respondents.

The tribunal ruled based on Issues;
(i) Whether the respondent’s agents violated Twinomujuni Innocent Mutekanga’s right to life.

The tribunal cited articles that back issue (I), like;

The right to life is protected by Article 22(1) of the Constitution of the Republic of Uganda (hereinafter called “the Constitution”), which provides:

“No person shall be deprived of life intentionally except in  execution of a sentence passed in a fair trial by a Court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court”.

The right to life is further protected by various regional and international human rights instruments to which Uganda is signatory.

It went on to reveal that;

Under Article 4 of the African Charter on Human and Peoples’ Rights:

“Human beings are inviolable. Every living being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right”.

As well, Article 6 of the International Covenant on Civil and Political Rights provides:

“Every human being has the inherent right to life. No one shall be arbitrarily deprived of his life”.

(ii) Whether the complainant is entitled to compensation

“We resolve this issue in the affirmative. Articles 50(1), and 53(2) of the Constitution refer.
Twinomujuni was in 2008 at the prime of his life when he was murdered. As a person born in 1974 he was just 34 years old.

He was a healthy young man with several decades of life ahead of him. We will never know what he would have accomplished for himself, his family and the community had IP Buko Difas and Cpl. Karuhize Michael not brutally ended his life.

Although he was a suspect in a case of theft, he was presumed innocent until proved guilty beyond reasonable doubt in a court of competent jurisdiction. He was denied due process.”

The tribunal held that there was enough Evidence for Rugasimbana to get justice regarding his case against the respondent.

The tribunal said;

“If Rugasimbana needed any more evidence to seal his case against the respondent, it was provided by the respondent’s agents themselves.”

In his 4th February, 2009 letter to the Regional Human Rights Officer, Mbarara, the District Criminal Investigations Officer (D/CID), Kabale, Detective Assistant Superintendent of Police (D/ASP) Ssuna Richard wrote in part:

“Inquiries were opened into the murder of Mutekanga Innocent vide Kabale CRB 608/08. The case file was submitted to the Director of Public Prosecution (DPP). He directed charges of murder be instituted against Inspector of Police (IP) Buko Difas, former O/C Station Kabale, and No.22973 D/CPL Karuhize 8 Michael.

Consequently both of them appeared before the Chief Magistrate’s Court, Kabale vide Criminal Case No. 54/08 and were committed to High Court for trial”.

The above letter was an express admission by the respondent’s agents of the intentional killing of Twinomujuni by Buko and Karuhize.

The tribunal stated that, ‘With all the above evidence, including admission of liability by the District CID Officer, Kabale, there is no doubt in our minds that IP Buko Difas and Cpl. Karuhize Michael intentionally shot and killed Twinomujuni. This amounted to violation of Twinomujuni’s right to life.

The respondent’s submission that the victim was given bond and released at 3.00pm, based on the evidence adduced in the criminal case of Uganda v Versus A1 IP Buko Difasi and A2 No. 22973 D/CPL Karuhize Michael HCT-05-CR-CSC-0123-2009 is not true.

From that judgement, evidence was adduced to show that the deceased was actually released at around 5pm. Be that as it may, it was the finding of the trial court that “the release of
the deceased is clouded in a mystery only known to A1 and A2.

The evidence of DW4 was very casual about meeting the deceased in town at 9 8:00pm and is unbelievable for lack of a proper background to that meeting…..The killers must have got the deceased from the hands of A2 who himself had got the deceased from the hands of A1 as part of a bigger plan to eliminate what the two Police officers believed was a reputed criminal in society…

” We are equally convinced as earlier discussed, that the deceased was in the custody of the Police officers when he was killed. At all the material time IP Buko and Cpl. Karuhize were acting in the course of their employment as servants of the state.

Wherefore, we find on the balance of probabilities that the respondent’s agents violated Twinomujuni Innocent Mutekanga’s right to life. The respondent is vicariously liable for their wrongful actions.

For full judgement, click below 👇👇👇👇

Rugasimbana_Francis_&_Anor_v_AG_No._MBR_40_of_2008[1] edits(1)

With the above ruling, Rugasimbana is entitled to compensation of Uganda shillings forty five millions (Ugx.45,000,000/=) for the loss of son’s life as a result of intention execution by the agents o the Respondents.

And it remains for the agents of the respondents to pay this amount of money if they concurr with the ruling or appeal in the Court of appeal if they’re dissatisfied with the ruling.

Ida Nakiganda, the UHRC’s Director of Complaints, Investigations, and Legal Services, noted that this is the first tribunal of its kind to be held in Kabale. She expressed confidence that the tribunal will bring justice closer to the residents of the Kigezi region, allowing them to access services more easily.

Teyompista Twimbi, the Principal Human Rights Officer at the Kabale office, and Robert Kakuru, the Executive Director of Kick Corruption out of Uganda, stressed the importance of bringing UHRC services closer to the people in the region because of many complaints registered across all regional offices in the country, demonstrating the widespread need for human rights protection.