Lawyers have said they are pushing to have novelist Rukirabashaija Kakwenza released immediately without any charge.
Kakwenza was arrested over a week ago by security operatives from his home in Kisaasi and has since then never been tried in court.
On Monday, Criminal Investigations Division spokesperson, Charles Twiine said the novelist would today, Tuesday be arraigned in court over charges related to offensive communication over his repeated social media posts in which he abused President Museveni and the First Son, also the Commander of the Land Forces, Lt Gen Muhoozi Kainerugaba.
However, on Tuesday, Kakwenza’s lawyers including Eron Kiiza and Luyimbazi Nalukooala told journalists they are pushing court to have him released for being detained beyond the stipulated 48 hours’ time on top of being tortured.
“He has not been allowed to see his relatives, lawyers and doctors while in detention. He has not been produced in court in the mandatory period of 48 hours. Those in authority are contradicting the provisions of the Constitution,” Luyimbazi Nalukoola told journalists on Tuesday.
“Yesterday police communicated to the effect that he will be produced to court this morning at 9am but we have been here and is nowhere to be seen.”
The lawyer said whereas the application for mandatory release they filed before the Makindye magistrates court is set to be heard later on Friday, they have decided to push it to be heard today since it is a matter of urgency.
“He must be released now and it is what we want to tell court. He was arrested and it is only yesterday that police came out to say they have him which is contrary to what the constitution provides.”
“Court gave us Friday but we have realized that the day is very far when one’s rights are being infringed. We are making a humble prayer before court that the date is brought nearer and we can be heard and he is released.”
Torture
On Monday, the CID spokesperson accused Kakwenza’s lawyers of telling lies about the torture allegations.
“You can’t be in a place of lawyers who are activists and think you will get facts. There is nothing like torture at all. If he thinks tortured, there are avenues to bring it to justice system. All those are lies. The man is very stable and you will see him in court tomorrow,” Twiine told journalists.
Another lawyer, Eron Kiiza said whereas they have not been allowed to see their client, they were told by his wife, the condition he is in.
“Yesterday the Special Forces Command that has been detaining him since December 28th took him to his Iganga home and the wife met him. The wife said she saw that her husband had been tortured and was urinating blood, Kiiza said.
“Kakwenza appeared at his home in Iganga for two hours in the company of SFC which has been detaining him in Entebbe.”
The lawyers said the culprits in Kakwenza’s torture will not go unpunished, noting that they would file a case against the same.
“Even if means filing 1000 applications, as long as there are 1000 tortures, we shall file applications to challenge and condemn the illegality,” Kiiza said.
The lawyers said they will also be challenging any prosecution against Kakwenza after being tortured.
“After torturing him, you can’t go on to charge and prosecute such a suspect,” Luyimbazi Nalukoola told journalists.
