Lady Justice Elizabeth Jane Alividza of the International Crimes Division of the High Court in Kampala has impacted security offices over the proceeded with re-capture of suspects delivered on bail by courts of law.
Several blamed people particularly those on capital offenses have been re-captured by security organizations not long after discharge on bail by courts of law.
The most recent episode happened last year including Kawempe North MP Muhammad Ssegirinya and his Makindye West partner, Allan Sewanyana who were re-captured last year.
Video film showed the two lawmakers being brutally rearrested by security staff clad in dark counter-psychological warfare police garbs, soon after being conceded abandon wrongdoings connecting with their supposed contribution in the Masaka killings.
In May this year, the two MPs documented an application before the International Crimes Division of the High Court looking for statements and orders that they are in unlawful guardianship having been allowed bail by the High Court and unlawfully re-captured and remanded.
They looked for an honor of shs300 million for the unlawful capture and detention.
In her decision on Wednesday, Lady Justice Alividza shot the state for trusting that the two MPs will be delivered on bail and afterward slap new charges against them.
“I will more often than not concur with counsel for the candidates that there is a culture of exemption among security organs that proceeds unabated. Rearrests of blamed people in a sensational and obtuse way following being conceded bail is turning into the thing to address in Uganda,” Lady Justice Alividza said in a decision read for her by the court’s delegate enlistment center, Pamela Lamunu.
” Although this court doesn’t wish to impede the manner in which the leader arm of the state completes its capability of keeping up with the rule of law, in some cases re-capture of charged people who have been allowed bail in the wake of affirming that they won’t flee can be deciphered as negligence for law and order, a vote based system and common freedom and constitutionalism.”
The judge said that the optics are bad particularly in situations where the denounced people are viewed as political opponents.
Lady Justice Alividza said this “exemption” that began in 2005 with the scandalous strike of the sanctuary of equity by the Black Mamba following the arrival of resistance strongman Dr. Kizza Besigye has would not disappear, after 17 years, taking note of that in actuality, it is simply developing to stressing trends.
“PRA suspects were rearrested in a way that damaged the legal executive, advocates and general society up to now. The legal executive censured this assault. In 2OO7, exactly the same thing occurred with a similar blamed person(Dr.Besigye). There was even a fight in the enlistment center’s office. It is likewise not satisfactory why the re-capture ought to be led in a sensational manner.”
The judge expressed while in the new years there has been some bit of progress, something comparative occurred in 2019 when associates in the supposed homicide with AIGP Andrew Felix Kaweesi were re-captured not long after discharge on bail.
Justice Alividza said in the 2019 occurrence, the emotional way in which the re-capture was done shocked spectators before the then Deputy Chief Justice Alfonse Owiny-Dollo censured this action.
“To prelude the flow what is happening, they wouldn’t be re-captured at court since the delivered request was not handled and they finished back in Prison. Anyway once the case record was moved to this court and the delivered request was handled, they were captured as they left jail. It isn’t clear why the security organs concerned chose to capture the candidates in the way they did.”
The judge said being MPs, the pair were served calls through the workplace of the Speaker of parliament, they answered to police in Masaka and their assertions were recorded, delivered on bond and afterward told to show up in court where they were summoned and remanded after.
She asked why a comparable cycle was not followed for their re-capture as opposed to creating emotional situations at jail premises.
“It isn’t clear why a similar strategy was not followed for the subsequent charge. The candidates were permitted a couple of moments of opportunity and afterward re-captured in a way that the principal candidate depicted as embarrassing. I would have anticipated that the arraignment should have been more brilliant and, surprisingly, accused the candidates of a subsequent charge “Lwengo case” before they would be delivered on bail. Assuming this was finished, there would be no ground for the candidates to be let out of jail and this would have been saved the picture of the chief which seems, by all accounts, to be rebuffing the candidates even before they have been indicted though not. Preventive estimates other than traditionalist measure ought to be standard,” Lady Justice Alividza advised.
She accordingly decided that how the re-capture was directed was sporadic and worth censuring by everyone.
The judge anyway would not organization for costs as had been asked by the two legislators.
“This request is additionally unreachable since there criminal accusations forthcoming against the candidates,” Lady Justice Alividza said.