Col Ndahura petitions human rights body over violation of his rights

Lawyers representing the former police director in charge of Crime Intelligence, Col Ndahura Atwooki, have written to the chairperson Uganda Human Rights Commission complaining of violation of his rights.

Col. Ndahura was arrested over a month ago in an army swoop that cracked the whip on a number of cronies of former Inspector General of Police, Gen. Kale Kayihura.

He would later appear before the Unit Disciplinary Committee (UDC) and charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005 before allegedly pleading guilty to the charges and is currently awaiting sentence.

However his lawyers, Ochieng Associated Advocates and Solicitors, have written to the human rights body complaining of a gross violation of his rights by the army.

“Through his wife, he has expressed violations of his human rights because he has been denied adequate time and facilities for preparation of his defence or access to his lawyers, ”reads in part the letter written on July 16.

“He is confined in a dark room unable to access light which has greatly affected his sight whereas he suffers from diabetes which ailment requires special attention and diet which he has been denied.”

The lawyers have asked the Uganda Human Rights Commission to investigate the violation of their client’s rights.

The letter has been copied to the speaker of parliament, Minister of Justice, Chief Justice and the Uganda Law Society.

Recently, Col Ndahura’s lawyers led by Evans Ochieng refuted claims that he had pleaded guilty saying it had never happened.

However, according to documents indicating the army court proceedings, a seven man panel consisting of Col.Tom Kabuye as the chairman and six members together with Lt Nekemiya Wasswa(legal advisor) and Lt.JE Arihihi (prosecutor) handled the matter.

The document also indicated that the accused person (Col Ndahura) was not represented in court but followed the proceedings well.

It indicated that when his force number and name were read, he responded to the affirmative and on being asked the language he best understands, Col Ndahura preferred to use English.

“Col Ndahura between February and March 2018 while at police Crime Intelligence headquarters, Bugolobi Kampala district fabricated evidence to wit a document containing a list of Rwandan refugees justifying the kidnap and illegal deportation of the refugees to the Republic of Rwanda which was subject of prosecution in UPDF/GCM Vs SCP Joel Aguma,SSP Nixon Agasiirwe and 7 others,” read in part the document presented to the judge .

The document also read that the Lt Nekemiya Wasswa, the court legal advisor explained the ingredients of the offence to the accused before being asked whether he understood the offence.

“I have heard and understood sir,” replied Col Ndahura.

According to the document showing proceedings of the army court last week, when asked whether charges were true or false, Col Ndahura responded: “Its true sir,” before a plea of guilty was entered.

It is also said the prosecutor told the court the matter was still under investigation and asked for the case to be adjourned to July 13.