The families of eight people arrested by security over the assassination attempt on Works and Transport Minister, Gen Edward Katumba Wamala have dragged government to court.
Security last week announced the arrest of Kamada Walusimbi aka Mudinka, Siriman Kisambira aka Mukwasi, Juma Saidi, Juma Sserwadda and Muhammad Kagugube aka Bafumoya whereas Hussein Wahab Lubwama aka Master and Mustafa Kawawa Ramadan aka Amin were shot dead as they allegedly attempted to escape .
On Monday, lawyers of eight suspects who are currently in security custody filed an application of habeas corpus to have them produced before court dead or alive.
A habeas corpus is an application through which a person reports an unlawful detention or imprisonment to a court and request that the court orders the custodian of the person, to bring the prisoner to court, to determine whether the detention is lawful.
The families through their lawyers from Wameli and Co Advocates told court that their relatives were arrested by security from their respective homes of Kawanda, Maganjo,Muyenga and Namuwongo in Kampala and Wakiso districts but have never been produced in any competent court as required by law.
“Several plain-clothed men armed with all kinds of guns pounced and grabbed them, forced and brutally dragged them into waiting vans. It is now over 48 hours but they have not been produced before any court or formally charged with any offence under the law,” an affidavit by one Francis Nyakoojo says.
The family members say the detention beyond the 48 hours as stipulated by the law is a violation of the detained relatives’ rights as enshrined in the Constitution.
They also say that the group was illegally arrested and are being detained illegally in unknown places.
“I believe that the continued illegal detention is in contravention of their right to personal liberty under Article 23 of the 1995 Constitution. Under the circumstances, it has become necessary to seek the intervention of this court to secure their personal liberties.”
In the application the Attorney General, the deputy Inspector General of Police, commandant Special Investigations Division, Kireka and the Chieftaincy of Military Intelligence(CMI).