In November 2007, a 70 year old businessman and father of 15 children Fred Bekunda lodged a complaint at the Human Rights Commission offices in Mbabara. Bekunda claimed that on May 15, 2005 at 5.45am, while he was sleeping in his house in Ntungamo, law enforcement officers from Ntungamo town council and a handful of policemen banged at his door and windows. They ordered him to open and get out of the house. They were looking for tax defaulters.
In his statement, Bekunda claims that when he opened his door, the officers violently dragged him out. They slapped him a couple of times and put him in a car. He was driven to Ntungamo Town Council office where he was locked up in a small room that was guarded.
He claimed that he was wrongfully accused of being a tax defaulter and had been denied the opportunity to collect his Graduated Tax tickets from his home. He said that when he demanded to speak to the town clerk, he was turned away. He insisted and tried to push his way through the law enforcement officers to get to the clerk’s office.
At this point, the officers who had been using a big rod to restrain him began beating and kicking him until he fell to the ground. He said he sustained injuries on the lower part of his legs and his back. He added that one Frank Rwomwaka intervened to save him from the brutality of the officers.
When the tribunal sat to determined whether his rights were infringed upon or not, it was discovered that Fred Bekunda was telling lies. During his arrest, he assaulted a law enforcement officer by biting off her finger. He also fought the law enforcement officers and verbally abused and threatening them.
The witness he presented to the commission for his defense, Frank Rwomwaka instead accused Bekunda of being violent towards the Council enforcement officers who used very minimum force to restrain the elderly Bekunda.
“When I arrived at the council offices, there was a lot of noise coming from the detention area. When I asked, I was told that the council enforcement officers had finally netted a notorious Graduated Tax defaulter who had evaded them for a long time. I saw Bekunda. I never knew he was a senior citizen,†Rwomwaka narrated to the commission. “Bekunda was being restrained by the officers. He was violent and kept verbally abusing the officers. He was trying to force his way into the office of the town clerk which was adjacent to the holding area.â€
He added that during one of the scuffles, he saw Bekunda bite off the finger of an officer identified as Winifred.
Another witness Stephen Mamanzi a businessman told the commission he noticed Bekunda in the council premises and he did not seem quite well.
“He was sweating heavily. He was not wearing his shirt and seemed disoriented. He was surrounded by law enforcement officers. It looked like they were scuffling with him. When he saw me he told me while pointing a finger at the officers and panting heavily, ‘they have been disturbing me a lot.’ He said.
The town clerk at the time Theo Tibihika also testified before the commission. He said his staff never tortured Bekunda. Instead, he was the one who tortured his staff.
“He beat off the finger of one of my officers called Winifred. He even apologised to me and pleaded that the officer Winifred would not file a charge of assault against him,†he said.
On cross-examination by Bekunda, Tibihika said, “Winifred registered a criminal case against you at Ntungamo Police Station. In fact you personally pleaded with me to prevail over Winifred not to report to police. You said at your age it would embarrass you to face trial in a criminal court.â€
Another respondent witness, Polly Tumutegyereize told the commission that Fred Bekunda violently demanded to see the town clerk. When he was restrained, he fought the officers. Bekunda reacted to Tumutegyereize’s testimony by saying, ‘If I bit Winifred’s finger it is because they were torturing me.’
Dr. Trifohn Mugisha, who examined Fred Bukenda, told the commission his major findings on the complainant were ‘a fresh bruise on his small toe and a swelling on the same toe.’ He classified this as harm.
The tribunal concluded that Bekunda’s rights were not infringed on. His rights were as important as his duty to the community, this being the duty to pay taxes and the duty to respect other people’s rights. He was a tax defaulter who when arrested became a nuisance and attempted to force his way into the clerk’s office. He assaulted an officer and was now parading himself as a human rights abuse victim. On December 20, 2007 the commission dismissed the complaint. The victim became the accused.
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