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Friday 28th of November 2014 01:46:57 AM
 

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Tinyefuza’s new war against Museveni

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Gen. David Sejusa, aka TinyefuzaGeneral’s fight linked to ICC

In mid-April, the International Criminal Court (ICC) at The Hague in the Netherlands received a dossier on alleged human rights violations by the Uganda government generally, and President Yoweri Museveni and the Inspector General of Police, Gen. Kale Kayihura, specifically.  The dossier was said to be from ‘credible sources’ within Uganda because of its amount of detail.

It reportedly included information that, if correct, could only be known by someone who was involved in the behind-the-scenes details of the decisions that informed the specific actions that led to the alleged human rights abuses.

This was not the first time a case against Museveni and Kayihura was being taken to the ICC and, although the dossier was not officially shared with them, they got it from their sources in The Hague.

The first question that Museveni and Kayihura asked as soon as they saw the dossier was: who could be behind it?

The dossier had been sent to the ICC by a team of lawyers based in London, calling themselves the “ICC mercenaries” or “international legal guns for hire.”

These are individuals and lawyers who have worked with the ICC before on several cases and investigations. They offer expertise to the ICC and to individuals, groups or even governments on how to petition the ICC or deal with other ICC-related issues. Their job is to help put cases into a believable dossier, complete with legal justification and evidence to warrant the ICC’s intervention.

The first hint about the source of the dossier was that its authors claimed to have “a credible witness from the top echelons of Uganda’s intelligence establishment”.

The top intelligence officer, the dossier claimed, could produce evidence that Museveni and Kayihura personally and individually gave instructions to open fire and kill protesters in the September 2009 Buganda riots. Kayihura says, officially 27 people were killed in the riots that erupted after police blocked the Buganda king, Ronald Muwenda Mutebi from travelling to Kayunga.

Besigye, Lukwago involved

Sources in Ugandan intelligence told The Independent that Museveni and Kayihura knew that in 2011, Besigye and Lukwago had approached the ICC either directly or by proxy.

They had raised three issues; first that during the Kayunga riots in 2009, there was “systematic and targeted execution” of Baganda by the police.

Second, that under Museveni and through Kayihura, the government was running assassination squads. They alleged that elements of the now disbanded Rapid Response Unit (RRU) had been transformed into an assassination squad under Kayihura.

Finally, that because of the personal and direct involvement of the President and the IGP, it was not possible for victims to get justice within Uganda’s court system – hence the decision to seek the intervention of the ICC.

The ICC responded that since Uganda is a member of the court and has a fairly independent judiciary - the evidence being the many high profile cases the state has lost - it could handle the cases of human rights abuses alleged by Besigye and Lukwago. The ICC also said the evidence adduced did not meet the minimum threshold for ICC intervention with its own investigation.

The ICC explained the three circumstances under which it gets involved in a case; first, that the court intervenes when matters are referred to it by the United Nations Security Council; second, when a member country voluntarily refers the matter to it as Uganda did in the case of the Lord’s Resistance Army of Joseph Kony, and three, on the ICC’s own volition especially when there are sufficient grounds to directly open investigation. This is when the concerned country proves incapable or unwilling to handle gross abuses and human rights violations. The matter appeared to have been ended.

However, on March 26, Lukwago and Besigye filed a case at the Nabweru Chief Magistrate's Court alleging that Kayihura, Kampala Metropolitan Police Commander Andrew Felix Kaweesi, and four other police officers had organised a mob to beat up leaders of the opposition protest group, For God and My Country (4GC).

On the face of it, it seemed Lukwago was pursuing the problem in local courts. However, intelligence sources say, Lukwago was trying to find a way to create legal conditions for the intervention of the ICC.

It all started when Lukwago, Besigye, and other opposition leaders travelled to Kawempe, a division of Kampala City. The grounds for the visit were that Lukwago, as Lord Mayor, was officially visiting projects by Kampala Capital City Authority (KCCA). Lukwago had written to and gotten clearance from the police.

However, before they could reach the site of the projects, a crowd confronted them. Describing themselves as local businesspersons and vendors, they said they did not want chaos in their area and that each time Besigye and Lukwago visit a place, they attract large numbers of un-employed youths, idlers and hooligans who cause riots, fights, chaos, and disruption of business activities.

A scuffle ensued and Besigye and Lukwago fled the mob and were rescued by police. The function did not take place.

Lukwago later called a press conference and said the people who attacked them were not businessmen but hooligans hired by police to disrupt their rally and also beat them up.

On their part, the police claimed Lukwago and Besigye were not visiting any projects, but were using the visit as a pretext to hold an unauthorised political gathering or rally, instigate a riot, and cause the police to overreact in order to get media coverage.

Lukwago took the matter to Nabweru Court and used a private prosecutor to ask the chief magistrate to compel Kayihura, Kaweesi and other police officers to come to court to plead on criminal charges of assault. Police suspect that Lukwago’s aim was really not to prosecute the officers but to create a situation to show the ICC that Ugandan courts cannot handle a criminal case against Kayihura.

Whatever the claims and counter claims by either side, the chief magistrate instructed the Criminal Intelligence and Investigations Department (CIID) officers at Kawempe police station to investigate the matter and report to court. CIID investigated and said the case had no merit since one cannot commit assault by proxy. Given that neither Kayihura nor Kawesi were present in Kawempe on that day, they could not be remotely accused of committing assault.

The court wrote back to Lukwago and Besigye informing them of the matter. At this point, Lukwago called a press conference and announced that he was taking the matter to ICC.

New dossier sent

At about this time, the ‘ICC legal guns for hire’ in London sent a dossier to The Hague. The new dossier alleged that over the last three years, they had received numerous petitions and complaints of alleged government complicity in crimes against humanity and gross abuses of human rights.

They alleged that these complaints and petitions came from local political parties, civil society organisations and some individuals within Uganda. They also attached reports by international human rights organisations like Amnesty International and Human Rights Watch.

They attached international human rights groups’ reports that were critical of the government and said the State had failed to investigate some of the human rights abuses.

Some of the attached reports claim that the government of Uganda routinely scoffs at human rights reports, especially where security agencies are involved in the killing of civilians. Sometimes, the reports claimed, the government does a cover up of the abuses.

The London-based lawyers recommended that Museveni and Kayihura be held personally accountable and liable for the violations by security agencies. They named cases where it can be demonstrated that the President and the IGP personally issued instructions to fire live ammunition at crowds or were made aware of the violations and killings and did nothing to hold the perpetrators accountable for their actions.

Once again, the ICC replied that the cases did not meet the minimum threshold for its intervention. It advised them that the process of instituting a formal investigation is long and laborious and that the government of Uganda as a member of the court has to be involved and consulted at all stages.

The ICC told them it does not carry out “sneaky” investigations behind the backs of member States. Lukwago’s and Besigye’s case against Museveni and Kayihura, once again, seemed dead.

Tinyefuza revealed

It is at this point that the lawyers in London, who were working with Besigye and Lukwago to bring the president and the IGP to trial at the ICC, got a major boost.

In mid-April, the London-based lawyers submitted what they described as “the most credible case”, backed with affidavits and listing in detail specific cases of human rights abuses. Not only that, the new dossier provided nitty-gritty details of alleged behind-the-scenes decisions and instructions that led to alleged human rights violations.

According to documents seen by The Independent, the new dossier was seen to be “credible” because its main source was “an insider” who knew exactly what was happening.

The attached affidavits to the dossier now provided the same human rights violations as Lukwago, Besigye and their lawyers in London had done. This time, however, they provided more detail and gave specific meetings, places and dates when decisions were taken and instructions given that allegedly led to gross human rights abuses.

The dossier provided what it said was evidence that Museveni and Kayihura were personally involved and gave specific incidences when they had personally given instructions to open fire at demonstrators.

The dossier said Museveni had personally issued instructions for the April 28, 2011 attack on Besigye at the Mulago roundabout in Kampala. In that attack, Besigye was blocked by police and, when he resisted, he was pepper-sprayed, dragged out of his car, bundled into a police truck, and driven off under the glare of local and international media cameras.

Hundreds were injured and an unknown number of people reportedly died in riots that broke out across the country and police opened fire on demonstrators who feared that Besigye had been killed.

The dossier claimed that the government, through Kayihura, has systematically been eliminating ringleaders of opposition demonstrations through Assistant Inspector of Police Nixon Ayegasirwe.Tinyefuza named Ayegasirwe in his letter, which was published in the media recently.

The officer allegedly runs an assassination squad only answerable to Kayihura and that the key ringleaders of the demonstrations are sometimes framed as robbers and shot in cold-blood in stage-managed attempted robberies.

The dossier also alleged that Kayihura is involved in trading with rebels based in the eastern Democratic Republic of Congo, the M23, and helps to market their gem stones, as well as providing them material and logistical support. The dossier alleged that he does this for both financial and material gain but also for emotional reasons given his Rwandese ancestry.

The ICC responded in early May to this dossier by saying that it also is, like the previous two dossiers before it, speculative.

However, this time the lawyers in London wrote back to the ICC saying they have a very senior Ugandan security and military officer ready to come forward and prove each and every allegation contained in the dossier.

The officer, the London-based lawyers informed the ICC, was willing to come forward on condition that the Court first grants him immunity from prosecution since he was also personally involved in the decisions from whence instructions leading to human rights abuses were given.

In late May, the lawyers named the officer to be Gen. David Sejusa, aka Tinyefuza, then-coordinator of Intelligence Services. The lawyers said the general was in London and available any time.

Gen. Sejusa who appears to have fled into exile in the UK, is said to have travelled there just days before a letter he reportedly wrote on April 29 appeared in the press.

The Daily Monitor on May 7 published a story under the headline, “Probe assassination claims, says Tinyefuza”. In it, Gen. Sejusa aka Tinyefuza reportedly had written to the Director General of the Internal Security Organisation asking him to investigate allegations that President Museveni had plans to assassinate army officers and politicians opposed to his son, Brig. Muhoozi Kainerugaba becoming his successor. He named Prime Minister Amama Mbabazi and then-Chief of Defence Forces Aronda Nyakairima among those targetted.

The New Vision newspaper, which picked up the story, said Gen. Sejusa travelled to London on April 30 but the UK government, according to The Monitor, has refused to say whether or not the general is in the UK and is seeking asylum.

Was Gen. Sejusa working with Lukwago and Besigye?

The ICC reportedly picked Gen. Sejusa’s name and went to work. They developed a profile of the general from his days in the bush through his command of Operation North in 1990/91 during which many civilians were killed and senior political leaders arrested and tortured. They also profiled his role as coordinator of intelligence services.

Once a full profile was finished, the ICC, internal sources say, reached a conclusion that it could neither work with Gen. Sejusa nor promise him any immunity. In early June, the ICC recommended that the case be closed. It claimed that the credibility of the source was at stake and would make its case more difficult to prosecute.

Because Gen. Sejusa was an active participant in his own allegations of human rights abuses, including more serious abuses like the famous tortures at Bur Coro in Gulu District when he was in charge of Operation North against rebels Alice Lakwena and Joseph Kony of the Lord’s Resistance Movement, the ICC legal team possibly realised it would be in a difficult position with Gen. Sejusa as a witness.

Legal experts in Kampala told The Independent that defense lawyers could tear Gen. Sejusa’s evidence to pieces on account of his lack of credibility and his active role in the alleged atrocities.

Lawyers frequently do not address how credible a client or witness appears to others; they focus on the cause. In some cases, however according to legal experts, the cause may be just but the client or witness attitude or method of expressing themselves may be lacking and their antecedents questionable. This is what makes the assessment of the credibility of a witness essential to a case.

Although there are no formal rules that bind a court’s assessment of credibility in those circumstances, it is never enough that someone should assert something as a fact: a competent and properly constituted court like the ICC must assess the credibility of the speaker and of the statement that is made.

It thus became difficult for the ICC to grant him immunity on the basis that he had turned “complainant.”

It is not yet clear how the government will react to this new development and where it will leave Tinyefuza in light of the government’s intent to have him apprehended to face various charges in the General Court Martial.


Comments (21)Add Comment
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written by Staff Gen. Adam Kifalisso, June 15, 2013
This looks like a miss-presented true story , but lets wait and see , the inform in it about Kayihura is correct and many organisations are investigating Kayihura's legacy , he is a coldblooded killer with no remorse at all
fearless indeed
written by J busingye, June 15, 2013
Reading your article here makes me believe Olara otunu at last. I couldnt believe it that the chief himself is such a fearless machete wielder Amin style.
REVOLUTIONALIST
written by KITI KYA MUWOOGO, June 16, 2013
Please let the ICC think twice, they should listen to the crying voices of Uganda, instead of safeguarding the Killer government of Uganda. Secondly unless you have M7, Salim Saleh, Kayihura, and Fred Rwigyema (R.I.P) you wouldn't blame Gen. David Sejusa he tried to raise his arm in 1990's to show the Country where we were heading we neglected his call neither the Ugandan Parliament supported him, infact we're lucky to have the Gen.on board and to offer to tell the truth. I salute you General, lets Liberate our Country. KITI
Senior
written by Nzopanompa, June 16, 2013
When Sejusa was comander in the north in which people were killed, whom was he reporting to?
What was the role of Sejusa's supervisor? What was the role of CDF & Commander in Chief? Which laws were applicable at that time? What did the Gov't do? Is sejusa, as the comander in the north do anything and everything without the involvement and knowledge of his bosses?
As the ICC, what is its role in International justice system especially when people are crying of violent human rights abuses such as in the case of Uganda? What factors are considered by the ICC before making its own initiative to investigate human rights abuses in member states? Mr. Andrew, there is rumour that you got/normally get "kick backs/bribes" from Ugandan Gov't to influence your independent reporting. How is that?
The ICC is in bed with human rights abusers
written by Col. Natukunda, June 16, 2013
You can ask President Bush Jr. So, you must find another court to prosecute Museveni on human rights abuses.
MD
written by Jackson Sunny Ssekadde, June 16, 2013
Though we cant trace the credibility of this story, but if true then we are in trouble in Ugandan, looks like the icc has just given a further license to torture, kill and Violet all kinds of human rights. Are they waiting for a mass killing of one million Ugandans so they make sense out of it all? No wonder that's why M7 attacks them constantly, i wanna believe they are incompetent.

JACKSON
What a letdown
written by Emperror, June 16, 2013
The reported conclusion of the ICC is a major letdown for the long suffering people of the third world. Though the scale of alleged atrocities reportedly tabled against M7 and his co-hort(s) at the ICC is incomparable to that of Bashir in neighbouring Sudan, attrocities they are and "every little helps"!
Tinye not being a credible witness is, in my book, a cop-out by the ICC, though I totally understand their alleged assertion that he has been involved in many attrocities himself to form the basis of their case.
Which leaves one un-resolved issue; What on earth was Tinye thinking to get involved with these perennial losers that are Besigye and Lukwago?
Emperor Museveni and SS Men
written by Ibra Katiba, June 16, 2013
Gen Sejuja deserves credit however late it may be to pin down his boss -the commander in chief for crimes against humanity. Few of us ever knew the dark side of Rais Museveni despite the suspicions but it's all coming out. We need the answers for the killers of Kayira, Kazini and many others. Please Bwana Sejusa we want to read what will be the best seller-your memoirs as soon as possible. Rais has no credibility left and his days are numbered -he has failed the simple test after 27 years in power that Uganda is for all Ugandans.
trash
written by Mukiibi Mugerwa, June 16, 2013
The whole this was crafted by a crazy conspiracy theorist. I am surprised The Independent could even think of printing this trash. It does as much damage to Tinyefunza's intelligence and credibility as it does to the government side but it is all trash, just trash. sorry.
...
written by Tina, June 16, 2013
According to this analysis ,am beginning to get scared of events in Uganda wont the Govt one day get annoyed and harass all of us for being too big headed?
ICC LEADER IS A "THIRD WORLD" DISGRACE
written by Steven Nsubuga, June 16, 2013
It speaks volumes when you give a "third world" disgrace like this guy from Argentina (I think Ocampo is his name) to be boss of such an organization. Even when he travelled to Uganda, you could smell a rat already that he was in bed with tyrants he was supposed to distance from. I bet he must be in love as well with those Argentinian military dictators who killed millions in his native country.
Dr.
written by Sabak James, June 17, 2013
Mr Sejusa, there is a book right there, the title is: State of Blood II. The ICC may use their legal gymnastics to stop the revelations of gross and macabre human rights abuses committed by the NRM leadership, but as a Citizen you will have done your duty by bearing all in a book. This could be your opportunity to atone for your part in what has gone on.
I just see flies
written by Paget Kintu, June 17, 2013
The Basoga have a saying that "I just see flies" which translated would mean dont ask me to determine the gender of a fly they are all the same to me that is what I see with the Sejusa, Museveni, Kaihhura, Muhoozi group. They have all been part of an evil system so long that is ills and excesses should collectively be blamed on the whole group. Time will come when they will account Ugandans
...
written by Jimmy, June 17, 2013
Gross human rights abuses, assassination squads by Museveni, Kayihura and co. should remind you that these champions/products of the Luwero war have never ceased to be bandits.
Uganda is under the iron grip of a new breed of colonial masters
written by Lakwena, June 19, 2013
Many will agree with me that Uganda is under the iron grip of a new breed of colonial masters. Otherwise, "... given his Rwandese ancestry..." why must the Uganda IGP and all his close deputies be Banyarwanda by ancestry?

Cold bloodiness must be the answer; which is what we saw a sample on the 28th April 2011, when Dr. Besigye was almost killed before our own eyes, by a hooded bloody hammer wielding Bimanna somebody. Because logically the bloodiness would not have happened in Rwanda, in 1994.
Museveni is still invincible
written by Joe, June 21, 2013
It is time those who oppose and want to topple Museveni realise that the guy is still very relevant to the Western powers. My assessment is no machinations to discredit him at moment will succeed. Although I don't support his life president scheme as the opposition seem to accuse him, but do believe this lad will go down as the most successful post-independence Ugandan leader.
The opposition in Uganda has really failed to challenge Museveni constructively and rather chose to resort to destructive machinations and they will never succeed. There fore Museveni is still around, and mark my words HIS SON WILL BE THE NEXT PRESIDENT!


hatred
written by jack musumba, June 29, 2013
Since when did Gilbert Bwana become a munyarwanda or 'bimaana'
...
written by jack musumba, June 29, 2013
Lakwena the deputy IGP is Okoth Ochola with rwandese ancestry too
...
written by Bongomin Morris, July 05, 2013
The ICC is for dictators, I would imagine it was formed by the West against the Arabs and those seen to ally to them. Otherwise, I would not imagine an international body formed to defend the civilians against dictators could turn a blind eye to M7's atrocities to his own people this much. To me ICC is now irrelevant, especially with the leaving of Ocampo.

However, Ugandans let us profile these atrocities for our own use in 2016. We on our own can overthrow this dictator with mere ballot papers. Remember what David did to Goliath all we need is courage with sincerity.
...
written by Ben Bizimana Shyaka, August 01, 2013
Kayihura Kale is a Ugandan. Please , do not distort information. Even, it is rumoured, Baganda origin is Congo Zaire, Should we always tie Baganda to Congo?
...
written by Chris Holgreaves, January 02, 2014
It is true that if the lawyer plays his role sincerely, he actually helps in the conviction of criminals, and bringing justice.

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