“This impunity must stop”- judge blasts security agencies over “humiliating” re-arrest of  MPs  Ssegirinya, Ssewanyana 

Lady Justice Elizabeth Jane Alividza of the International Crimes Division of the High Court in Kampala has blasted security agencies over the continued re-arrest of suspects released on bail by courts of law.

Several accused persons especially those on capital offences have been re-arrested by security agencies shortly after release on bail by courts of law.

The latest incident happened last year involving Kawempe North MP Muhammad Ssegirinya and his Makindye West counterpart, Allan Sewanyana who were re-arrested last year.

Video footage showed the two legislators being violently rearrested by security personnel clad in black counter-terrorism police uniforms, shortly after being granted bail on crimes relating to their alleged involvement in the Masaka killings.

In May this year, the two MPs filed an application before the International Crimes Division of the High Court seeking declarations and orders that they are in unlawful custody having been granted bail by the High Court and unlawfully re-arrested and remanded.

They sought an award of shs300 million for the unlawful arrest and detention.

In her ruling on Wednesday, Lady Justice Alividza blasted the state for waiting for the two MPs to be released on bail and then slap new charges against them.

“I tend to agree with counsel for the applicants that there is a culture of impunity among security organs that continues unabated. Rearrests of accused persons in a dramatic and inhumane manner immediately after being granted bail is becoming the order of the day in Uganda,” Lady Justice Alividza said in a ruling read for her by the court’s deputy registrar, Pamela Lamunu.

“ Although this court does not wish to interfere with the way the executive arm of the state carries out its function of maintaining law and order, sometimes re-arrest of accused persons who have been granted bail after confirming that they will not abscond can be interpreted as disregard for the rule of law, democracy and human right and constitutionalism.”

The judge said that the optics are not good especially in cases where the accused persons are considered political opponents.

Lady Justice Alividza said this “impunity” that started in 2005 with the infamous raid of the temple of justice by the Black Mamba following the release of opposition strongman Dr. Kizza Besigye has refused to go away, 17 years later, noting that on the contrary, it is just growing to worrying trends.

“PRA suspects were rearrested in a manner that traumatized the judiciary, advocates and the public up to now. The judiciary condemned this attack. In 2OO7, the same thing happened with the same accused person(Dr.Besigye). There was even a scuffle in the registrar's office. It is also not clear why the re-arrest should be conducted in a dramatic manner.”

The judge said whereas in the recent years there has been some bit of improvement,  a similar thing happened in 2019 when suspects in the alleged murder of AIGP Andrew Felix Kaweesi were re-arrested shortly after release on bail.

Justice Alividza said in the 2019 incident, the dramatic manner in which the re-arrest was done horrified onlookers before the then Deputy Chief Justice Alfonse Owiny-Dollo condemned this action.

“To preface the current applicants’ situation, they would not be re-arrested at court since the released order was not processed and they ended back in Prison. However once the case file was transferred to this court and the released order was processed, they were arrested as they left prison. It is not clear why the security organs concerned decided to arrest the applicants in the manner they did.”

The judge said being MPs, the duo were served summons through the office of the Speaker of parliament, they reported to police in Masaka and their statements were recorded, released on bond and then told to appear in court where they were arraigned and remanded after.

She wondered why a similar process was not followed for their re-arrest instead of causing dramatic scenes at prison premises.

“It is not clear why the same procedure was not followed for the second charge. The applicants were allowed only a few minutes of freedom and then re-arrested in a manner that the first applicant described as humiliating. I would have expected the prosecution to have been smarter and even charged the applicants with a second charge "Lwengo case" before they would be released on bail. If this was done, there would be no ground for the applicants to be released from prison and this would have been saved the image of the executive which appears to be punishing the applicants even before they have been convicted whereas not. Preventive measures other than reactionary measure should be norm,” Lady Justice Alividza advised.

She therefore ruled that the manner in which the re-arrest was conducted was irregular and worth condemning by everyone.

The judge however refused to order for costs as had been asked by the two legislators.

“This order is also unattainable since there criminal charges pending against the applicants,” Lady Justice Alividza said.