Kakwenza runs to East-African Court
Embattled book Author Kakwenza Rukirabashaija has run to the the East African Court of Justice to declare his arrest and torture a violation of the provisions of the East African Community treaty.
Kakwenza who recently fled into exile in Germany on Monday sued the government with the Attorney General as the respondent in the case of torture and unlawful arrest.
Through his lawyers Eron Kiiza, the battered government critic pins the Special Forces Command (SFC) for holding him in custody beyond the mandatory 48 hours, a contravention of Articles 24, 44 and 23(3) of the Constitution of Uganda, Article 5 of the Charter on Human and People’s Rights and Articles 6, 7 and 8 of the treaty.
“The applicant’s captors blindfolded him with a thick black like bag and strings pulled and knotted around his neck. They neither identified themselves nor gave the reason for his arrest. His violent, warrantless arrest witnessed by his gateman and members in the neighbourhood was illegal and torturous,” it partly reads in his Petition
Kakwenza runs to East-African Court
Kakwenza also accused the Buganda Road Chief Magistrates Court of violating his fundamental Human Rights and remanding him to prison despite evidence of his torture.
“The applicant prays for a declaration that his detention, a civilian in a military facility is a violation of the principle of accountability, good governance and rule of law guaranteed under Articles 6(d), 7(2),8 and 123(3) of the treaty.”the petition reads further
Kakwenza runs to East-African Court
Embattled book Author Kakwenza Rukirabashaija has run to the the East African Court of Justice to declare his arrest and torture a violation of the provisions of the East African Community treaty.
Kakwenza who recently fled into exile in Germany on Monday sued the government with the Attorney General as the respondent in the case of torture and unlawful arrest.
Through his lawyers Eron Kiiza, the battered government critic pins the Special Forces Command (SFC) for holding him in custody beyond the mandatory 48 hours, a contravention of Articles 24, 44 and 23(3) of the Constitution of Uganda, Article 5 of the Charter on Human and People’s Rights and Articles 6, 7 and 8 of the treaty.
“The applicant’s captors blindfolded him with a thick black like bag and strings pulled and knotted around his neck. They neither identified themselves nor gave the reason for his arrest. His violent, warrantless arrest witnessed by his gateman and members in the neighbourhood was illegal and torturous,” it partly reads in his Petition
Kakwenza runs to East-African Court
Kakwenza also accused the Buganda Road Chief Magistrates Court of violating his fundamental Human Rights and remanding him to prison despite evidence of his torture.
“The applicant prays for a declaration that his detention, a civilian in a military facility is a violation of the principle of accountability, good governance and rule of law guaranteed under Articles 6(d), 7(2),8 and 123(3) of the treaty.”
He wants the East African Court to overturn criminal court proceedings against him and for the government to compensate him for acts of torture he suffered.
Kakwenza was arrested on December 28, 2021, from his home in Kisaasi, a Kampala suburb, and held incommunicado until January 11, 2022, when he was produced in court on two cases of offensive communication.
According to the Prosecutors, Kakwenza used his Twitter handle @KakwenzaRukira to post a series of tweets about President Yoweri Kaguta Museveni and his son Lt General Muhoozi Kainerugaba with no purpose of legitimate communication. In one of the tweets, Kakwenza refers to the President as an election thief and in another, he calls Muhoozi overweight and intellectually bankrupt.
The prosecutors argue that the communication was willfully and repeatedly used to disturb the peace of the president. He denied the charges. He was later released on a cash bail of 500000 shillings.
Kakwenza was arrested on December 28, 2021, from his home in Kisaasi, a Kampala suburb, and held incommunicado until January 11, 2022, when he was produced in court on two cases of offensive communication.
According to the Prosecutors, Kakwenza used his Twitter handle @KakwenzaRukira to post a series of tweets about President Yoweri Kaguta Museveni and his son Lt General Muhoozi Kainerugaba with no purpose of legitimate communication. In one of the tweets, Kakwenza refers to the President as an election thief and in another, he calls Muhoozi overweight and intellectually bankrupt.
The prosecutors argue that the communication was willfully and repeatedly used to disturb the peace of the president. He denied the charges. He was later released on a cash bail of 500000 shillings.
