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Court orders medical examination of bombing suspects over torture claims

Some of the CPS and IPS Suspects in Court. FILE PHOTO

Kampala, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court has ordered the medical examination of the 19  Kampala Central Police Station and IPS bombing suspects so as to ascertain their claims of torture while in security custody. The suspects include mobile money operators Yusuf Muwonge alias Hamza Ssemaganda alias Robert Danze and Shamirah Naddamba, Ismail Kiyemba, a Welder, Muniru Bogere a Boda Boda rider, Eron Nanfuka a student, Sharon Nakitende, a tailor and Annet Nakato Nakibirango, a housewife.

Others are Zam Naiga, Ismail Matiwa, Huzaifa, Faisal Nadir Nsubuga, Bashir Jjuuko Kiwanuka alias Fred, Mohammed Kisiitu, Hamuza Bakyayita a conductor, Jero Ishaq a Shop Attendant and Twaha Wambedde, an Imam at Kabila Mosque in Nabweru in Nansana Municipality in Wakiso District.  They include Juliet Nansubuga alias Maama Bumali alias Hajjati Mujabirina alias Butambika a Tanzanian national and hawker/Artist, and Faisal Muwonge a Sales Person and businesswoman Jalia Nabukenya.

On Wednesday afternoon, Justice Richard Wejuli Wabwire gave the order directing prison doctors to examine the suspects and furnish his court with a report of their findings within 21 days. This came up during the pretrial hearing when the prime suspect Muwonge complained to the court about how he was tortured, coerced, and forced to sign documents confessing to the crimes against him.

The angry Muwonge told the Judge that his tormentors were just thugs and were often present in the court.  “I know them very well. They sometimes come to this court. They told me they would kill my sister if I refused to sign the documents”, Muwonge told the court. This came shortly after the Assistant Director of Public Prosecutions Thomas Jatiko tendered before the Court three volumes of documents the prosecution intends to rely on to pin the accused persons.

After the documents were read in court, Muwonge said he signed them under duress. However, Judge Wabwire informed Muwonge to raise his concerns through his lawyer  Anthony Asiimwe. In response, Asiimwe told the court that his clients had raised the matter before Buganda Road Court Grade One Magistrate, Asuman Muhumuza who directed the prison authorities to examine them.

He, however, noted that this was never done since there is no report on the court file proving the same.This prompted Justice Wabwire to revive the lower court orders.

He ordered Asiimwe to extract the orders and ensure that the directive is enforced because the ruling was on court record. The Prosecution attempted to object to the orders, saying this would affect their case but the Judge threatened to slap them with contempt of court orders.

Background

Buganda Road Court Grade One  Magistrate Asuman Muhumuza committed the suspects to trial in 2022 following the conclusion of investigations by the Police and the Director of Public Prosecutions. According to the evidence and investigations that Uganda Radio Network is privy to, the Prosecution contends that in 2021, the country was gripped by a series of bomb attacks committed by unknown assailants and that the attacks appeared to be indiscriminate, which instilled fear and panic in the public.

The State says that those behind the attacks had the sole intention of discrediting the government. The evidence shows that on October 25, 2021, a suicide bomber aboard a Swift Bus detonated an Improvised Explosive Device (IED), killing himself and injuring other passengers at Lungala within Mpigi District. The deceased, Isaac Matovu alias Muzafaru alias Musilamu, resided in a rented room belonging to the key suspect, Sharif Kiyemba in Lweza Kajanjasi along the Entebbe Highway, who remains at large.

Preliminary investigations led to the arrest of some suspects found in possession of an IED allegedly given to them by their co-accused. Additionally, five women implicated in the case are accused of aiding, harboring, financing, and supporting Kiyemba to prepare or commit acts of terrorism. The evidence further reveals that Ismail Kiyemba admitted to making IEDs, including the one used by the deceased suicide bomber, and confirmed that Sharif Kiyemba had contracted him to create a bomb with greater capacity for future use.

“Upon arrest A2, Ismail Kiyemba admitted and confirmed that he often made improvised Explosive Devices IEDs and among them was the one he made for and was used by Matovu alias Muzafaru alias Musilamu the deceased swift bus suicide bomber who along Lungala, within Mpigi District detonated the IED killing him instantly and injuring other passengers aboard the swift Bus. He further admits that one Sharif Kiyemba the key suspect still at large had contracted him to improvise a bomb for him with greater capacity than that he made for Matovu Isaac,” reads the committal papers.

The evidence further shows that the greater capacity bomb was to be used in March 2022 when the situation calmed down because now Kiyemba was afraid as the Police had started hunting for him. The state further indicates that they have sufficient evidence in the form of call data and phone records showing that all the accused persons were in constant communication with the three suicide bombers.

These include Isaac Matovu who blew himself up in a swift bus, Uthman Mansur who killed himself at CPS Kampala and Abudallah Wanjusi who blew up himself at the IPS building where scores of people were injured and several others were killed on November 16th, 2021. The committal papers signed by Jatiko, show the state intends to use police reports indicating that survivors were treated for injuries caused by pieces of fragments, and postmortem reports indicating that the deceased died of explosive objects produced by the suspects.

Jatiko says that various exhibits, such as telephone handsets, flash discs, DVDs, CDs, chemicals, electronic components, and more, were recovered from Kiyemba’s possession and submitted for examination and analysis to be used as evidence in the trial.

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