Justice Musoke Kibuuka has ordered the chief of Uganda police, military man Maj. Gen. Kale Kayihura, to produce Jane Nakambugu, a 14 year old Muganda girl who was abducted from her home by a police woman on September 1, 2009.  The order requires Kayihura to produce Nakambugu in court by September 24, 2009.

According to Jane’s parents, Yowasi Kalega and Esther Nakayiwa, their daughter was taken without explanation from her home in Kasana, Bulemeezi county, by a police woman and locked up at Kiwoko police station.

Jane’s parents told the judge that they followed their daughter and her abductor to Kiwoko police station to get the facts were told to come back after their daughter made a statement. They returned on September 3, only to be told that their daughter has been freed the day before. Suspicious of the police behavior, the distraught parents run to Justice Kibuuka’s court to plead for their daughter’s life.

It is not yet clear why the Kiwoko police, notorious among the locals for its high corruption, would abduct  a 14 year old child in a style that was fashionable during dictator Idi Amin’s regime. However, Nakambugu was a 4th grade student at Kiwoko Church of Uganda Primary School, where, as in many Buganda schools, children as young as 10 have learnt to  openly and aggressively express their ethnic identity and commitment to the Kabaka. Moreover, Nkoba za Mbogo, the main Baganda youth organization now boasts over 100,000 members in branches starting from primary schools through universities and professional ranks.

The Serumaga family has published a statement which describes in detail the events surrounding the abduction, torture and medical mistreatment of  popular Muganda journalist, Kalundi Serumaga, by Uganda’s  NRM government from September 11 through 15, 2009. According to the family statement, Robert Kalundi Serumaga was abducted by 5 armed men outside the studios of WBS TV, Spear House at about 11pm on Friday September 11, 2009. Robert had just left the studios where he had appeared on the Kibazo live discussion program. He was accompanied by his colleagues.

As they departed, Robert  was approached by the men, two of whom grabbed him by his trouser belt, and told him they were arresting him. He asked them who they were and they claimed to be responded police officers. One held up a piece of paper purposely to support their claim. They then immediately began to assault him.  Robert put up a fight until they threw him to the ground, after which they threw his telephones towards his colleagues.

Apparently, Robert fell unconscious thereafter and was dragged from the scene to De Winton Road where his attackers  bundled him in to the back seat of a waiting Toyota Mark II. He regained consciousness in the car as the men tried to undress him and remove things from his pockets.  The trip ended at the infamous Kireka JATT torture center where, next day, he was repeatedly slapped and punched by president Museveni’s operatives during questioning. In the meantime, Robert’s brother, Kizito Sserumaga searched all Police Stations in Kampala to no avail.

Kizito contacted the Irish Embassy for assistance, as Robert is a citizen of Ireland by birth. A concerted effort by the Serumaga family, involving the Irish ambassador to Uganda, TV stations and the Uganda Journalists Association, plus increasing awareness of the kidnap in the international media, convinced Mr. Museveni to produce Robert Serumaga. He was produced by the notorious CID officer, Jonah Kule on September 12, 2009. However, despite the sorry state of his health, Robert was put in a cell that day, without medical attention, where he was again physically assaulted.

Robert first got treatment on September 13, 2009, when the Police doctor, Dr Moses Byaruhanga, arrived took him to the International Medical Centre at KPC, under heavy guard. Later the Rwandese commander of Uganda police, Kale Kayihura, allowed Serumaga to be moved to Kampala International Hospital as the family wished. Earlier, Dr. Byaruhanga had insisted that Robert must only be admitted in the government’s dilapidated Mulago Hospital, where NRM opponents have been reportedly murdered by Mr. Museveni’s agents.

Contravening Mr. Museveni’s Uganda constitutional requirement that suspects be charged in court within 48 hours, Robert was produced at Buganda Road Magistrate’s Court on September 15, 2009. He was charged with 6 counts of sedition resulting from his remarks during the Kibazo program on WBS TV. He was granted bail and release shortly afterwards.

The Serumaga family also reveals that they took a photo (by cell phone) of one of Robert’s torturers when, at the International Medical Center when one of  Robert’s colleagues recognized him as one his original kidnappers. It a bizarre twist, after learning that someone in the Serumaga party had taken the photo, the police brought their video unit and filmed Serumaga and all his family and friends, in an apparent act of intimidation. The Serumaga family showed the torturer’s police commander Kale Kayihura explained that the man in question had, at the JATT torture center, inserted his thumbs and fingers in Robert’s eyes and attempted to gouge them out. He claimed not to know the man in the photo but said that he will be able to produce him if he is on the police force.

Below is a summary of specific demands that the Serumaga family statement concludes with (see more details):

1. They will not participate in investigations in the torture of Robert by the NRM government and its agents unless INTERPOL is involved.

2. They are unwilling for Robert to return to CPS or any other police station while suspected criminal elements are still employed and deployed there.

3.  They demand disciplinary action is taken against Mr Edward Ochom, of CID for attempting to send Robert to Mulago, which could compromise his safety.

4. They demand that disciplinary action is taken against the police’s Dr Moses Byaruhanga for unprofessional conduct.

5. They demand the investigation of the plainclothes policeman who filmed Robert’s children at Kibuli Police Station on September 15, 2009 and those who threatened Robert’s family on and September 12-13 outside CPS.

6. They demand the investigation of Simon Kuteesa’s role in the abduction and torture of Kalundi Robert Sserumaga.

7. They demand the immediate suspension and investigation of CID’s  Jonah Kule who was seen in deep conversation with the perpetrator who was photographed by the family.

The Serumaga family statement on the unlawful abduction and torture of their brother, son and father Robert, which they posted on the Ugandans At Heart blog is reproduced in full below:

RE: THE UNLAWFUL ARREST, TORTURE AND DETENTION OF KALUNDI ROBERT SERUMAGA ON FRIDAY 11^TH SEPTEMBER 2009 UNTIL TUESDAY 15^TH SEPTEMBER 2009

ABDUCTON

1. KALUNDI ROBERT SERUMAGA WAS ABDUCTED BY 5 armed men outside the studios of WBS television, Spear House at about 11pm on Friday 11^th September 2009. Robert had just left the studios where he had appeared on Kibazo on Friday, a discussion programme.

2. He was in the company of Kibazo, Bernard Tabaire, Charles Rwomushana and Mary Ikazi. The men approached him as their group broke up.

3. As they departed, Mr Sserumaga was approached by the men, two of whom took hold of him by the belt, and told him they were arresting him. He asked them who they were to which one responded police. He held up a piece of paper which may or may not have been an identity card, as he looked away. They then immediately began to assault him.

4. Mr Sserumaga put up a fight until they threw him to the ground. After that he threw his telephones towards his colleagues.

5. He then fell unconscious and was dragged from the scene to De Winton Road and was bundled in to the back seat of a waiting Toyota Mark II. He regained consciousness in the car as the men tried to undress him and remove things from his pockets. When he started demanding to taken to a police station, one of the men tried to cover his mouth, and another fight ensued. As he fought to resist them they punched him and gouged at his eyes with their fingers, and also bent his head backwards and choked him.

JATT/KIREKA 11^TH SEPTEMBER 2009

1. He was driven to Kireka and logged in to a book and put in a cell with 25 other men, mainly youth.

2. In the morning, a procession of guards came to the cell door and made all manner of threats to his life, and make sectarian insults to him, as well as the other prisoners. Finally the doors flew open and a tall well-built and well-dressed man in his mid-forties stood in the doorway and began to slap and punch him in the face while demanding answers.

3. This statement is supported by the medical examination carried out by Dr M. Galukande at International Medical Centre, KPC building on 13^th and International Hospital, Kisugu between 13^th and 15^th September 2009.

4. Kizito Sserumaga searched all Police Stations in Kampala from that time to 3 am to no avail.

CENTRAL POLICE STATION 12^TH SEPTEMBER 2009

1. Kizito contacted the Irish Embassy as Robert is a citizen of Ireland by birth. We went to Central Police Station (CPS) where we were told he was not there and his whereabouts were unknown. We made a public appeal via NTV outside CPS and we were surrounded by 5 armed soldiers in red berets and two plainclothes men. We immediately made another appeal at a Press Conference organized by UJA. During that conference, the Irish Embassy informed us Robert was being transported to CPS after which we went back to CPS. We found Kalundi Robert Sserumaga in the custody of Jonah Kule, O/C CID, at CPS. He was being held handcuffed with two other gentlemen, both Local Councillors from Makindye Division area. They had been tricked out of their houses at night on the pretext that there was a disturbance in the area, and then bundled in to a van at gunpoint and taken to Kireka.

2. We immediately asked that Robert be allowed medical attention. Kule insisted on waiting from instructions but that we would be able to do so. Later we were informed Robert was going to be released after i). WBS deposited a film of the Kibazo on Friday broadcast with CPS, ii) that Robert make 2 supplementary statements and iii). that he provide 3 sureties. These conditions were met. After the process of providing the sureties, Kule suddenly ordered us all out of the room, including Ernest Kalibbala the lawyer and then informed Robert that he had orders from above to return him to the cells.

3. We escorted Robert to the ground floor. After that the police physically pushed us out of the station entrance and down the stairs while brandishing sticks. Those of us already outside were threatened by the armed soldiers seated along the wall, numbering over ten and the man in plain clothes from earlier who was carrying a stick.

4. 13^th SEPTEMBER 2009 We returned to CPS where Robert was now without shoes and had still not received medical attention. He had tried to inform a woman officer -one Commissioner Ayisu- in CID that he had been assaulted at which she laughed and said it was impossible. Mr Simon Kuteesa, Head of Media crimes informed us that he does not put people in car boots. He received a telephone call in our presence and said in our hearing that the prisoner ‘did not look too bad’. The entire time, there were two mambas, outside the station, countless men in plainclothes carrying sticks and whips, people in police uniform carrying sticks.

5. In the afternoon, we telephoned John Nagenda, Media Adviser to the President. We informed him that the story had broken in the international media and that we were going to continue to campaign for Robert’s release. Mr Nagenda was at that point was aware of the abduction but not of the torture. He arranged for us to meet Major General Kale Kayihura, Inspector General of Police. Mr Kayihura informed us the Irish ambassador had spoken to him and asked us what we wanted. We said our first priority was medical attention for Robert. Secondly we were formally complaining about being physically assaulted and ejected from CPS. Mr Kayihura telephoned Mr Ochom, Director CID, CPS and instructed him to have Robert examined at a hospital of our choice and admitted at a hospital of our choice if necessary. IGP Kayihura also telephoned Mr Sorowen the officer in charge of CPS and instructed him to ensure there was no humiliation of suspects and their relatives and the public generally. IGP summoned Mr Ochom and instructed him to implement everything agreed in that meeting and to ensure Robert was taken to a hospital of his choice immediately. He called in on Johnson Karugaba of the Professional Standards Unit to investigate our complaints. We then returned to CPS.

MEDICAL ATTENTION

1. After the Police Surgeon, Dr Moses Byaruhanga arrived, we traveled to International Medical Centre at KPC, under guard. There was an attempt to make Robert travel without shoes in order to humiliate him which we resisted. The armed and uniformed policemen sitting on the back of the pick-up truck and the plainclothes policemen became angry and said they would teach M. Serumaga a lesson (‘Tujja kukulaga enkola’.)

2. Dr Moses Galukande carried out the examination and the results are consistent with Robert’s description of the assault. He diagnosed concussion as Robert could not account for some time between the first onslaught and being bundled in to the car. He recommended observation, neurological tests and rest. Immediately Dr Byaruhanga stated that he had to be referred to Mulago Hospital. He said it was the law and that Mulago was ‘the national referral hospital’. When he insisted, Mary Serumaga tried but failed to telephone IGP, Kale Kayihura. She then telephoned Mr J. Nagenda who spoke to Dr Byaruhanga and told him there was no problem with admitting Robert at International Hospital Kampala as long as he was under guard. He said Government’s only reservation was that we should not expect them to pay the bills, which we accepted. Dr Byaruhanga still insisted that he needed to speak to Mr Ochom, Director CID. We refused to board the vehicles to be taken to Mulago Hospital, a government institution which we felt to be unsafe. Robert stated if they insisted on Mulago, he would prefer to retun to the CPS cells without any treatment. After nearly an hour Mr Ochom relented and allowed us to go to IHK.

3. 13^th September 2009 Robert was admitted at IHK at approximately, nearly 48 hours after he had been very seriously assaulted.

4. Dr Galukande diagnosed concussion and recommended neurological tests. We returned to CPS to collect Robert’s bags. Again, Kule introduced another condition. He wanted, Robert to sign a charge sheet before going to hospital. He also wanted his passport. We ignored both instructions as 48 hours had elapsed and the police were merely trying to legitimize their abduction of Robert Sserumaga. Eventually Kule gave in and we proceeded to IHK.

5. Robert was admitted to IHK at about 8.30pm where he underwent tests and had some bed-rest. He was escorted by over 5 armed soldiers to Kampala Hospital for a CT scan.

FORMAL CHARGES

1. Tuesday 15^th 2009 we were informed that Robert would be collected from the hospital at 10am to go to the Police for finger-printing and formal charging. Robert refused at first to co-operate because he wanted it to be acknowledged that he was being charged after 48 hours of detention had elapsed, i.e. he had been being held illegally.

2. Robert was produced at Buganda Road Magistrate’s Court and charged with 6 counts of sedition resulting from his remarks on Kibazo. The State opposed bail and was overruled by the Magistrate on the grounds that even if Robert were a flight risk, that could be cured by his depositing his passport with the Court. Also that because the validity of the sedition laws was being challenged in the Constitutional Court and it was not possible to try Robert immediately, he would grant bail.

3. We reported to IGP’s office that we were surrounded by ‘security operatives’ outside the court building eavesdropping on our conversations and stated we were holding IGP responsible for our continued security, and left the Court.

LEGAL AND MEDICAL COSTS AND SOLIDARITY

1. We would like to express our gratitude to the members of our communities and the public for your overwhelming support. The journalism profession has been a pillar of strength and has boosted our morale with their presence and their coverage.

2. We are grateful to Open Society, Uganda Journalists’ Association, and East African Journalists’ Association all of whom have offered to pay Kalundi Robert Sserumaga’s legal costs. We are grateful for the fact that his medical costs were covered in advance and without our knowledge. P. E. N. International Clifford Derrick Committee to Protect Journalists (S. Africa) have also expressed solidarity.

INVESTIGATION IN TO THE ABDUCTION AND TORTURE

1. During the time we were waiting for Dr Galukande’s report at IM Centre, Mary Ikazi spotted a man in a lavender jacket, white cap and dark glasses. He was carrying a long thin stick or car, that were commonly used by kiboko squad members during the rioting. He was short in stature, about 5ft tall. He was peeping through the window of IMC where he had been sitting with O/C CID, J. Kule. M. Ikazi froze and told us that he was one of the men who had abducted and assaulted Robert. Mary Serumaga photographed him with a cell phone. The plainclothes policemen with whom he was standing warned him that he was being photographed at which he covered his face with his lapels, turned his back and then they all scattered. One policeman returned and took photographs of M. Serumaga and M. Ikazi. [The following Tuesday at Kibuli Police Station they filmed M. Serumaga and made close-up films of Robert's children in our view. This was an act of intimidation.]

2. 14 September 2009 at about 5.30pm we spoke to IGP Kayihura about the police brutality experienced by Robert Sserumaga. We thanked him for finally permitting the delayed medical treatment even though it required the intervention of the Ambassador of Ireland and other lovers of justice and peace before he acted. We showed him the photograph of the man who had inserted his thumbs and fingers in Robert’s eyes and attempted to gouge them out. We informed him the man had followed us to the International Medical Centre and only ran away after we had photographed him. IGP stated he did not know the man but he would investigate. At first he said he and all those in plain clothes carrying sticks were policemen, if so, he is able to produce this man.

3. We informed IGP that his instructions about the medical facility Robert should be allowed to access were countermanded by Dr M. Byaruhanga the Police Surgeon and Mr Ochom, Director CID at CPS. They preferred to discuss the matter with persons unknown to us. He seemed to express shock that such clear instructions could be changed.

4. We requested Interpol be asked to help locate the abductors, to which IGP responded he has no objection although he would prefer we work with Uganda Police in the matter. He assigned Assistant IGP, Mr J.M. Okoth Ochola, in charge of Special Duties to investigate the matter. We agreed with Mr Okoth Ochola that we would contact him after the court appearance.

5. 15^th September 2009, the same woman officer at CID who had refused to record Robert’s complaint of torture, telephoned him as he left court inviting him to make a statement.

THE WAY FORWARD

1. In view of the fact that the orders of Major General Kale Kayihura IGP are so easily countermanded by officers junior to him, receiving ‘orders from above’; that one of the offending officers (see paragraph 13 ) is now assigned to the investigating team; two officers Kule and Ayisu, have already dismissed the reports of assault as “impossible”, we decline to participate in the investigation unless Interpol is involved.

2. In any case we are unwilling for Robert to return to CPS or any other police station while suspected criminal elements are still employed and deployed there.

3. We demand disciplinary action is taken against Mr Edward Ochom, Director of CID at CPS for trying to ensure Robert was sent to Mulago where his safety would have been compromised. We demand to know from where above Kale Kayihura’s head, Mr Ochom was receiving instructions. As Director of CID at CPS where the kiboko squad move about freely and interact with senior officers and have meals in the police canteen, we hold Ochom responsible for the deployment of the kiboko squad to abduct, detain and torture Kalundi Robert Sserumaga.

4. We demand the same in regard to Dr Moses Byaruhanga who kept us at IM Centre for over 30 minutes while liaising on the telephone about sending Robert to Mulago. Although he was supposed to carry out his own examination, he did not and it appears his role was to ensure Robert was admitted to Mulago Hospital. He failed in that.

5. We demand the investigation of the plainclothes policeman who filmed Robert’s children at Kibuli Police Station on 15^th September 2009 and those who threatened Robert’s family on 12^th and 13 September outside CPS.

6. We demand the investigation of Simon Kuteesa’s role in the abduction and torture of Kalundi Robert Sserumaga. Kuteesa was instrumental in convincing us on 13^th September that Robert was going to be released for medical treatment in a few hours as long as he had three sureties and a passport. He then vanished at about 10pm before Kule said he had ‘orders from above’ to detain him further. Kuteesa has consistently acted in an unprofessional manner treating our complaints about torture as a joke. He too receives anonymous ‘orders from above’ and made a ‘phonecall assuring someone that Robert was not too badly injured even though he had no medical evidence. Simon Kuteesa is a callous and dangerous man.

7. We demand the immediate suspension and investigation of O/C CID, Jonah Kule who was seen in deep conversation with the perpetrator we managed to photograph outside IM Centre during Robert’s medical examination, Kule is in direct command of the kiboko squad and is a danger to all Ugandans.

0782199589

The End.

On July 29, 2008, Patriotic Baganda members of the Uganda’s Parliament told off President Museveni’s minister of internal affairs, Ruhakana Rugunda, after his presentation of an untruthful statement about the recent kidnap of 3 Buganda officials. Rugunda presented his statement, amid vigorous heckling, to a special session of the parliament, which was called to debate the arrest of Peter Mayiga, Medard Lubega Sseggona and Betty Nambooze. Beti Kamya (Lubaga North) rubbished Rugunda’s statement, demanding that Mr. Museveni’s occupation government explain why Betty Nambooze was stripped naked at Jinja Road police station. Hussein Kyanjo (Makindye West) condemned the rampant abuse of human rights, insisting that the Buganda officials were not arrested by Police but by some other dubious armed forces. He revealed that shortly after the kidnapping of the Buganda officials, he (Kyanjo) spoke to the military officer who heads Uganda’s police, Maj. Gen. Kale Kayihura, who confirmed that the police were clearly unaware of the abduction. Issa Kikungwe (Kyaddondo South) reserved his attack for the excessive tribalism in government, which he blamed for most of Uganda’s ills. He pointed out that people from certain parts of Uganda routinely practice sectarianism and nothing is done but when others publicly complain about such sectarian behavior trumped up charges are brought against them. Michael Mabikke (Makindye East) warned the NRM that it must abandon its bushmen practices. They must come to grips with the fact that Buganda’s issues cannot and will not be swept under the rug. Even the British colonialists were not able to do it, and it will not go away with the NRM. One MP who most vocally supported the occupation government and Rugunda’s statement is Janet Kataha Museveni (Ruhama) the wife of Uganda’s president. She defended her husband’s government on the decision to violate Uganda’s constitution by holding the Buganda officials for over 48 hours without taking them to court. According to her, the government must not be blamed for violating the constitution because they lost time when they were transporting the captives across western Uganda. As far as she was concerned, what is more important is to deal with what she referred to as the abuse of her husband’s government. Rugunda’s full statement before Parliament is reproduced below:

Rt. Hon. Speaker, Hon. Members of Parliament,

1.On 25th July 2008, I received my copy of a letter, ref SP/8 written to the Clerk to Parliament by the Rt. Hon. Speaker, responding to a petition that Parliament convenes in plenary today, 29” July 2008 to handle business relating to the arrest, detention and subsequent release of the three persons named above. This petition required Parliament to convene and receive the official Government statement by the Hon. Minister of Internal Affairs on the arrest of the three individuals, who happen to be officials of the Buganda Kingdom. Inter alia, the statement was to state:
i) The personnel who effected the arrest
ii) The subsequent confinement and treatment of the three
iii) The proper procedure for commencement of criminal proceedings
iv) The duration within which such proceedings ought to commence.

2 Mr. Speaker Sir, Hon. Members, Police has been closely monitoring actions and statements made from time to time by some individuals and groups. The statements have been both in the print and electronic media. Investigations were carried out in respect of these statements made by the three individuals that were viewed by Police as amounting to offences of:
i. Promoting war,
ii. Sedition,
iii. Incitement to violence,
iv. Threatening violence and
v. Sectarianism.

In addition, investigations revealed that acting jointly and at times individually, the three engaged in what appeared to be unlawful activities in Kyenjojo, Kamwenge, Kasese, Kibaale, Bundibugyo, Hoima and Kampala Districts. Investigations of the three individuals on Terrorism and other offences are still continuing.

3. At some point during the investigations, it became necessary to arrest the three. On Friday 18 July 2008, Police detectives arrested them, at different times, and from different locations within Kampala. Mr. Speaker Sir, since some of the acts constituting the alleged offences are said to have been committed in and outside Kampala, it was necessary to transfer them to areas outside Kampala in order to assist the Police in investigations. It is for this reason that it became difficult to adhere to the 48 hour rule regarding detention of suspects in police custody.

4. While the investigations were going on in those areas, Buganda Road Court, on Wednesday 23rd July 2008 issued a court order, ordering for their unconditional release from Police custody. Accordingly, the three were on Thursday 24th July 2008 released from Kyenjojo Police Station.

5. Mr. Speaker Sir, on the basis of evidence that had been gathered, and, in accordance with the law, the three were re-arrested.
• Mr. Medard Lubega and Mrs Betty Nambooze were produced before Nakawa Chief Magistrates court on Friday 25th July 2008 charged with sedition, as investigations continue for other charges of sectarianism, threatening violence, incitement to violence, and promoting war. The two accused were granted bail by court.
• Mr. Peter Mayiga was released on Police Bond at Jinja Road Police station pending further investigations.

6. Mr. Speaker Sir, regarding the specific issues put forward in the petition, I wish to state as follows:
a) The arrests were effected by the Police.
b) The three were at all times in Police custody.
c) Criminal proceedings may be instituted in several ways in accordance with section 42 subsection 1 of the Magistrates’ Courts Act, inter alia, by a Police officer bringing a person arrested with or without a warrant before a Magistrate upon a charge.

It was under this provision that the proceedings against the three were commenced. d) Investigations start immediately information is received and thereby, criminal proceedings begin.

7. Mr. Speaker Sir, Government in accordance with the Constitution, will continue to carry out its mandate of ensuring security of the people and their property and is unequivocally committed to the rule of law.

8. Mr. Speaker Sir, Rule 60, in the Rules of Procedure of Parliament (The Rule on sub-judice), does not allow a matter that is before Court to be discussed out of Court. On Friday 21 July 2008, Mr. Medard Lubega and Ms. Betty Nambooze were charged in Court. In view of the above, I am wondering whether discussing this matter out of Court is not Sub-judice. I seek your guidance.

I thank you Rt. Hon. Speaker. Dr Ruhakana Rugunda