ELECTIONS RAPIDELECTIONS RAPIDRESPONSE REPORTRESPONSE REPORT

20212021

ELECTIONS RAPIDELECTIONS RAPIDRESPONSE REPORTRESPONSE REPORT

20212021

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FOREWORD FROM THE PRESIDENT OF THE UGANDA LAW SOCIETY

Distinguished Members and Friends of the Uganda Law Society, I welcome you all to the launch of the first ever ULS Rapid Response Report.

Fostering Access to Justice, the Rule of Law and Good Governance in Uganda are core mandates of the Uganda Law Society (ULS). In light of strategic objective 2 & 3 of the ULS Strategic Plan 2017-2021 which emphasizes ULS’s role in upholding and promoting the access to justice and the rule of law of law in Uganda.

As the Uganda approached the 2021 elections period, ULS took cognizance of the fact that elections were not just an event but a process that would determine the future of the Country which would in all ways make it highly contestable and potentially violent.

With the shrinking civil space and high political tensions coupled with several restrictions imposed by the Public Health Regulations and COVID 19 guidelines and SOPs as well the several pre-elections violence and the unfortunate incidents of November 18th and 19th, 2020 among others still fresh in our minds, the ULS embarked on setting up a task force of advocates to offer a wide range of legal services to Ugandans on Probono.

A group of over 100 probono advocates were engaged to offer legal representation in over 10 districts where the Uganda law society runs its Probono project

This report that we launch today is a breakdown of the activities of the rapid response team during the pre and post-election period.

All this was only possible with the ever generous financial and technical support of a strategic development partner, the Democratic Governance Facility (DGF).

We also acknowledge the support and cooperation that we have recieved from the various state institutions such as the Judiciary,DPP,Uganda Police force,Uganda Prison Services,the General court martial,the Media,various diplomatic misisons among other who have made this possible.

Thank you all

Pheona Nabaasa Wall President-ULS

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ACKNOWLEDGEMENTS

The Uganda Law Society is highly indebted to our strategic partner the Democratic Governance

Facility(DGF) that fully supported this intervention and has also funded our Probono Project and

duty counsel scheme over the years We cant thank them enough.

We also recongise our other development partners who haeve supported thhe years who include;

The Justice, Law and Order Sector

International Law Development Organization (IDLO)

International Rescue Committee (IRC)

The European Union.

UN Women

United Nations High Commission for refugees (UNHRC)

Danish Refugee Council (DRC)

ALIGHT (Uganda)

Canadian Bar Association (CBA)

Global Affairs-Canada

Norwegian Bar Association (NBA)

Norwegian Development Agency (NORAD)

United Nations Development Program (UNDP)

Federation of Women Lawyers in Uganda (FIDA-U)

Legal Aid Service Provider’s Network (LAPSNET)

Non-Governmental Organization Forum

Uganda Human Rights Commission (UHRC)

We also acknowledge the support and cooperation that we have recieved from the various state institutions such as the Judiciary,DPP,Uganda Police force,Uganda Prison Services,the General court martial,the Media,various diplomatic misisons among other who have made this possible. This report was compiled through the guidance and efforts of the Uganda Law Society (ULS) Executive council, Management and the entire Secretariat. Special thanks goes to the Probono Project ,Litigation department and the Rule of Law Department including Mr.Okwalinga Moses,Assimwe Anthony,Rita Aligo for compiling this report.

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ABOUT THE UGANDA LAW SOCIETY

The Uganda Law Society (ULS) was established in 1956 by the Uganda Law Society Act Cap 276 of the Laws of Uganda. As the national Bar Association, the ULS is among other objectives enjoined to protect and assist the public in Uganda in all matters touching, ancillary/incidental to the law; to assist the Government and the Courts in all matters affecting legislation and administration and practice of law in Uganda; and to maintain and improve the standards of conduct and learning of the legal profession in Uganda.

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BACKGROUND

The electoral commission of Uganda to organize the 2020/2021 general elections between January and February 2021 and it accordingly released a road map to that effect with the various categories of elections namely Presidential, District/City Women Representatives to Parliament among others. Uganda’s general elections in the recent past have all been marred by electoral violence before, during and after elections at all levels countrywide. The violence is both masterminded by state, security forces, opposition as well as private individuals who take advantage of the volatile election period to commit acts of violence. Uganda has ratified most of the international commitments on basic Human rights and freedoms such as the International Convent on Economic, Social and Cultural Rights (CESCR) on 21 April 1987, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on 26 June 1987, Convention on Elimination of All Forms of Discrimination Against Women (CEDWA) on 21 August 1985, International Covenant on Civil and Political Rights (CCPR-OP1) on 14th February 1996, among others. The 1995 Constitution of Uganda (in Chapter four) further provides for the respect of fundamental human rights and freedoms. There are other provisions in the laws of Uganda that call for the protection of human rights such as the Prevention and Prohibition of Torture Act, 2012 and the Human rights enforcement Act among others Despite the aforementioned commitments and provisions, the violation of human rights in Uganda has remained at its peak and the situation worsened as the 2020/2021 general elections draw closer and continued even after the general elections. The Uganda law society anticopate that the 2021 general election will equally be characterised with violent acts ,several human righs abuses and nnfringmemnts ,abitrary arrests and detention hence the need for the above proposed intervention.

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RAPID RESPONSE REPORT.

1. SOROTI RAPID RESPONSE On the 18th of January 2021 the Pro bono office of Soroti was informed of the 94 suspects had been arrested on charges of inciting violence among orthers, the Pro bono coordinator immediately mobilized 9 pro bono lawyers within the region who immediately ttok up thier respective assignmenst , interviewed the suspects and embarked on representing them before the chief magistarte court of Soroti at Soroti. The suspects were produced before court after after several deliberations with the resident DPP office and they all pleaded guilty and were given community service orders by the court. Advocates;

1. Isodo Samuel 2. Opio Phallip 3. Menya Paul 4. Ogire Gabriel 5. Olobo James 6. Ewatu Alfred 7. Kyakuwa Lydia 8. Amoro Mirriam 9. Amodoi Samuel

Clients;

No. NAME CRIMINAL OFFENCE

OFFENCE

1. Enusu Samuel CO.027/2021 Incitement To Violence

2. Enyou David

3. Ebwalu Nelson

4. Okello John Stephen

5. Aropet Stephen

6. Esetu Robert

7. Enimu Simon

8. Oluka Valentine

9. Okurut Samson

10. Esuku Francis

11. Emeru Samuel

12. Oocu Moses

13. Ocen Vicent

14. Emutu Alex

15. Elou James

16. Oriokot James

17. Otalai Moses

18. Okello Martin

19. Eyauu Emmanuel

20. Eninu Joel

21. Eumu Martin

22. Echeru Joseph

23. Eyadu Isaac

24. Oriokot Timos

25. Alinget Paul

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26. Ailu Moses

27. Ogili Joel

28. Okeng Emmanuel

29. Okello James

30. Orone Joseph

31. Oriokot Joseph

32. Igulot Patrick

33. Eroku Stephen

34. Erongu Simon

35. Ekau Robert

36. Edimu John Robert

37. Elwau Ben

38. Egandu Simon

39. Emitu Richard

40. Eriau David

41. Okiror Denis

42. Erigu Apolo George

43. Ogwang David

44. Obukulem John Bosco

45. Abilu Janason

46. Okello Geofrey

47. Ebieu Amos

48. Okulu Charles

49. Ogil Robert

50. Aweu Samuel

51. Otuba Samuel

52. Olila Simon

53. Odong Denis

54. Iwoto John

55. Ateru Arther

56. Omongole Martin

57. Erengu Benjamin

58. Emeru Bosco

59. Ojok Patrick

60. Otuke John

61. Okello Julius

62. Obuga John

63. Emesu Isaac

64. Oluka John Kokas

64. Opolot Samuel

65. Aropet Calvin

66. Otala Emmanuel

67. Oumo Moses

68. Ameti Emma

69. Ajiu Vicent

70. Iwoto Nehemiah

71. Echodu Robert

72. Emodu Micheal

73. Ocen Vicent

74. Omoding Andrew

75. Odeke John Stephen

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76. Okullu James

77. Amatu Paul

78. Okiror Paul

79. Opoko Francis

80. Ebau Joshua

81. Emutu Moses

82. Amechu Martin

83. Ebuku Amos

84. Opoko Francis

2. LUWERO RAPID RESPONSE

On the 18th day of January, 2021, the Probono office of Luwero discovered that a number of people had been arrested and detained at Luwero Central police station during the Presidential and Parliamentary election for several elctions related offences. The team then assembled a team of Pro bono scheme adavocates who visited the Luwero Central Police station and the office of the State Attorney-Luwero and confirmed that seven people had been detained there for election related offences. The team interviewed the suspects,engaged the Resident State Attorney who informed them that the files had not yet been sanctioned pending further investigations. The team consistently folowed up the cases until the suspects were granted bail by court pending the hearing of thier respective cases Advocates; 1. Lutaro Deo Kizito. 2. Akol Irene 3. Katamba Sowali. Clients;

No. NAME No.

1 Abdul Shakur

2 Kyaterekera Bayan

3 Ndunga Abdulakim

4 Malira Ben

5 Ssekajja Yasin

6 Issabirye Sam

7 Kasirye Isma

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3. KABALE RAPID RESPONSE. Advocates;

1. Kasaga Shadiah 2. Niwesiga Rebecca

Clients;

No. NAME OFFENCE

1 Musiime Jeremiah violating cafew hours and threatening violence

2 Muhereza Derrick chaos and inconsiderate use of a motor vehicle

3 Twinomucunguzi Christopher chaos and inconsiderate use of a motor vehicle

4 Tukamushaba Mark with obstruction of an election officer and malicious damage to property

5 Tushabe Mark with obstruction of an election officer and malicious damage to property

3. JINJA RAPID RESPONSE.

Advocates;

1. Fatuma Wiiwo Rashids.

Clients;

No. NAME OFFENCE

1 Muvule Emma violating curfew

2 Kakoza Hamidu inciting violence

3 Bosco Alumandro assaulting an agent.

4. KAMPALA RAPID RESPONSE.

Advocates;

1. Ssegamwenge Hudson 2. Owembabazi Clare. 3. Kabonesa Evelyn 4. Asiimwe Anthony. 5. Walubiri Peter 6. Turyasingura Constance 7. Ntegeka Simon 8. Oonyu Vincent 9. Pheona Wall Nabasa 10. Diana Angwech 11. Okwalinga Moses 12. Assimwe Anthony 13. Kisomose Brian

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a. Clients;

No. NAME OFFENCE

1 Olobo Isaac

negligent act likely to spread the infection of covid 19 during LC1 elections campaign.

2 Mustafa Kawesi

negligent act likely to spread the infection of covid 19 during LC1 elections campaign.

b. Members of CSOs arrested for alleged setting up an elections Observing/tally

centre. On the 14th Day of January 2021 , 28 suspects/members of civil society in the company of an advocate Perry Alituwa were arrested at Hotel Africana Hotel and detained at Kabalagala and Jinja road police station for allegedly setting up an elections Observing/tally centre observing elections without accreditation. A rapid response team headed by the President –ULS intervened and folowed up thier case at Kibuli CID headquarters and at the detention police stations until they were eventually all released on bond on Saturday the 16th day of January 2021.They were eventually not charged by the DPP.

N0. NAME OFFENCE

KABALAGALA POLICE

STATION

1. Masereka Robert Observing elections without accreditation.

2. Hamba Richard Observing elections without accreditation.

3. Jawiya Michael Observing elections without accreditation.

4. Mumbere Bian Observing elections without accreditation.

5. Yora Geria Observing elections without accreditation.

6. Allan Erema Suuki Observing elections without accreditation.

7. Samuel Masereka Observing elections without accreditation.

8. Bwambale John Vieny Observing elections without accreditation.

9. Muhindo Jacob Observing elections without accreditation.

10. John Masereka Observing elections without accreditation.

JINJA ROAD POLICE

STATION

11. Mpoza Simon Peter Observing elections without accreditation.

12. Bahika Barri Observing elections without accreditation.

13. Nanteza Stella Observing elections without accreditation.

14. Allan Samuel Erema Observing elections without accreditation.

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15. Isingu Jessica Observing elections without accreditation.

16. Nzanzi Robert Kikoma Observing elections without accreditation.

17. Muhindo Keira Clint Observing elections without accreditation.

18. Masika Simon Observing elections without accreditation.

19. Munaaba Maureen Observing elections without accreditation.

20. Namingo Scovia Observing elections without accreditation.

21. Asiimwe Charles Observing elections without accreditation.

22. Mukasa Misusera Observing elections without accreditation.

23. Tumwiine Edith Observing elections without accreditation.

24. Mbabazi Gloria Observing elections without accreditation.

25. Perry Aritua Observing elections without accreditation.

26. Isabella Akiteng Observing elections without accreditation.

c. Recently Released List By Government/Kitalya Inmates The ULS rapid response team also took interest i n the list of 177 persons relased by government of persons in thier custody whom we were relaibly informed had been eventually remannded to Kitalya government prison on election related offences. We paid the prison a visit and interviewed 103 inmates who are all appearing before military courts where they had alread taken plea but had not been given dates when to return to military court. We appraoched the regostrat of the general court martial at Makindye who confirmed that most of teh abov einmamtes had appreaed bfeore the court for plea but they had no mentio n dates since the court was still busy but they would be scheduled once prosecutio n is ready. We then opted to apply for bail for the above mentione dinmates and are in the process of obtainng records from court to enable us prepare thier respective bail applications A team of 20 advocates was set up to represent these inmates who are charged with several offences which include;possession of military store (referring to red bellets), breach of curfew,crowding during campaign and terrorism among others. Advocates;

1. Nyalwa Ezra 2. Nannyonj Jamirah 3. Nakimbugwe Immaculate 4. Nakagga Ciccy 5. Namwanje Justine 6. Namulinda Peace 7. Mwebaza Alice 8. Namulawa Linda 9. Kabonesa Evelyn

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10. Sheila Kihumuro 11. Najjemba Agnes 12. Lawoko Jordan 13. Munabi Phillip 14. Ogwang Joseph 15. Sserwada Patrick 16. Kajwara Christopher 17. Iduuli Ronald 18. Asiimwe Anthony

Clients; LIST OF MISSING PERSONS/ELECTION RELATED OFFENCES

NO. NAME OFFENCE COURT

1 Mugenyi Denis Possession of military store Makindye GCM

2 Muyomba Edward Possession of military store Makindye GCM

3 Kigozi Ismail Possession of military store Makindye GCM

4 Kitambirige Anthony Possession of military store Makindye GCM

5 Mugume Obed Possession of military store Makindye GCM

7 Kayondo Simon Disobeying lawful orders Mwanga II

8 Shafiq Umar Possession of military store Makindye GCM

9 Muzamir Muhammed Possession of military store Makindye GCM

10 Okumu Isaac Disobeying lawful orders Luzira

11 Vincent Tumusingye Disobeying lawful orders Busunju

12 John Sekalala Disobeying lawful orders Bujuuko

13 Patrick Zabayo Disobeying lawful orders Bujuuko

14 Mulira Derrick Disobeying lawful orders Bujuuko

15 Mwesige Alvin Disobeying lawful orders Bujuuko

16 Elida James Disobeying lawful orders Bujjuko

17 Basalirwa Peter Common nuisance LDC

18 Wasinde Shafiq Possession of military store Makindye GCM

19 Bisaso Ivan Possession of military store Makindye GCM

20 Serwanga Stephen Possession of military store Makindye GCM

21 Kasozi Waswa Possession of military store Makindye GCM

22 Manzi Ivan Unlawful possession of firearms

Makindye GCM

23 Sentamu Fred Possession of military store Makindye GCM

24 Opid Moses Possession of military store Makindye GCM

25 Mumbya Hakim Possession of military store Makindye GCM

26 Kigozi Jamil Possession of military store Makindye GCM

27 Sentongo Rigan Possession of military store Makindye GCM

28 Migadde Kassim Possession of military store Makindye GCM

29 Kabogoza Peter Possession of military store Makindye GCM

30 Zedejaga Canon Curfew LDC

31 Mukige Charles Curfew LDC

32 Kyomugisha derrick Curfew Kira

33 Serubiri Asuman Curfew Kira

34 Nsubuga haruna Curfew Kira

35 Aijuka NIcholus Curfew Kira

36 Rukundo Amon Curfew Luzira

37 Nkurunziza Fred Possession of military store Makindye GCM

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38 Ssemwogerere Lawrence Possession of military store Makindye GCM

39 Sekajja Gavin Possession of military store Makindye GCM

40 Senono Allan Possession of military store Makindye GCM

41 Munaabi Umar Possession of military store Makindye GCM

42 Kayiwa Julius Possession of military store Makindye GCM

43 Awuye Shafik Possession of military store Makindye GCM

44 Amaga Meddie Possession of military store Makindye GCM

45 Buriyo Christopher Possession of military store Makindye GCM

46 Okello Maxwell Possession of military store Makindye GCM

47 Gaila Paul Possession of military store Makindye GCM

48 Ntege Joshua Possession of military store Makindye GCM

49 Kambugano geofrey Possession of military store Makindye GCM

50 Isingoma Godfrey Possession of military store Makindye GCM

51 Senfuma Isa Possession of military store Makindye GCM

51 Semakula John Terrorism Makindye GCM

52 Mawanda Meddie Terrorism Makindye GCM

53 Abdullan Katumba Terrorism Makindye GCM

54 Setooko Chanley Terrorism Makindye GCM

55 Sengo Geofrey Terrorism Makindye GCM

56 Kabongote Godfrey Terrorism Makindye GCM

57 Nsubuga Stephen Terrorism Makindye GCM

58 Mubiru Jovan Terrorism Makindye GCM

59 Kasimye Ronald Terrorism Makindye GCM

60 Lutakomye Joel Terrorism Makindye GCM

61 Kuteesa Victor Obtaining money by false pretences

Makindye GCM

62 Ssentongo Bashir curfew Makindye GCM

63 Mugisha Richard curfew Makindye GCM

64 Spenser Ivan curfew Makindye GCM

65 Mukasa Stephen curfew Makindye GCM

66 Muhumuza Stephen curfew Makindye GCM

67 Wandera Muhwana curfew Makindye GCM

68 Nuhu Bukenya Possession of military store Makindye GCM

69 Bwengye Isma Possession of military store Makindye GCM

70 Galiwango Rogers Possession of military store Makindye GCM

71 Tigaigonya Richard Possession of military store Makindye GCM

72 Nyanzi Allan Possession of military store Makindye GCM

73 Serunkuma John Bosco Possession of military store Makindye GCM

74 Halemimimaana Innocent Illegal possession of firearms

Makindye GCM

75 Ojit David Possession of military store Makindye GCM

76 Alion Anyoo Possession of military store Makindye GCM

77 Kayiwa Ronald Possession of military store Makindye GCM

78 Kaviim Richard Possession of military store Makindye GCM

79 Kato Akram Possession of military store Makindye GCM

80 Maron Okello Possession of military store Makindye GCM

81 Nango meddie Possession of military store Makindye GCM

82 Muzamu Mohammed Possession of military store Makindye GCM

83 Nkalubo Salim Possession of military store Makindye GCM

84 Mulindwa Mark Rioting Makingye Court

85 Katende Ronald Carfew Mwanga II

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86 Nyanzi Hassan Carfew Makindye GCM

87 Kayondo Robert Curfew Luwero

88 Opoya Howard Curfew Makindye GCM

89 Mwanje Fred Curfew Makindye GCM

90 Buwembo Julius Curfew Makindye GCM

91 Nsubuga Ashraf Curfew Makindye GCM

92 Kayemba Abubaker Possession of military store Makindye GCM

93 Kayondo Hazard Possession of military store Makindye GCM

94 Nkalubo Sheriff Possession of military store Makindye GCM

95 Byamukama Musa Possession of military store Makindye GCM

96 Aharinkundira Ian Possession of military store Makindye GCM

97 Sebata Henry Possession of military store Makindye GCM

98 Musinguzi Christopher Possession of military store Makindye GCM

99 Haruna Gabura Possession of military store Makindye GCM

100 Nkorwa sheriff Possession of military store Makindye GCM

101 Serugo John Possession of military store Makindye GCM

101 Arinaitwe Silas Possession of military store Makindye GCM

102 Nyombi Moses Possession of military store Makindye GCM

103 Rashid Tumusiime Possession of military store Makindye GCM

CONCLUSION Overall,the ULS with the support of the DGF has taken on and represented 283 clients so far and counting under the elections rapid response and have been supported by a team of over 50 Probono and duty counsel adavocates. The intervention are is still on going and we are still receiving calls from relatives of people in incarceration due to election related offences .