By Our Reporter
The sacked inspector general of police Gen. Kale Kayihura has been dragged to the international criminal court (ICC) to answer several charges that he committed against humanity during his time in office as the Inspector general of police of Uganda.
According to a petition filed by Rugema Kayumba, addressed to Ms Fatou Bensouda of international criminal court in the office of the prosecutor, Gen Kayihura, Gen Dan Munyuza the deputy IGP of Rwanda and other senior police officers in Uganda are allegedly to have committed crimes against humanity during their time in office.
RE: Criminal Complaint/Petition into Crimes Against Humanity committed by General Kale Kayihura, Gen Dan Munyuza, Col. James Burabyo, SCP Anguma Joel, ACP Baroza Jonathan, CP Baguma Ismail, SSP Nixon Agasiirwe Karuhanga, ASP Fred Tumuhirwe.
Ms Fatou Bensouda, we the victims of Crimes against Humanity committed by the above mentioned individuals and many more that will be mentioned in this document approach your office seeking to investigate and prosecute crimes against humanity committed by officials of the Uganda Police Force and the Rwandese Authorities. Jurisdiction of this Criminal Complaint/Petition: This complaint/petition is filed in the ICC for its merits being that crimes committed fall under the definition of Crimes against Humanity: ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: a. Murder; b. Extermination; c. Enslavement; d. Deportation or forcible transfer of population; e. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; f. Torture; g. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; h. Persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; i. Enforced disappearance of persons; j. The crime of apartheid; k. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”
This petition is brought to the ICC on its merits being that crimes like Murder, Deportation or forcible transfer of population, Torture and Enforced disappearance of persons are within the definition of Crimes against Humanity which are triable by the ICC. The fact that individuals suspected to have committed these crimes originate from two countries Uganda and Rwanda and are high ranking police officials entrusted with protecting and enforcing the law and a fact that there is no political will to give justice to victims by both governments further qualifies the case to the ICC. The Complaint between 2010 and 2017 Rwandan authorities procured services of members of the Uganda police force to forcefully repatriate Rwandese Refugees, Ugandans of Rwandese origin and Congolese of Rwandese Origin. Selected Uganda police Officers were offered 5000 USD for each individual repatriated; a witness testified to us that some of these victims who resisted were executed within Uganda.
Our investigations show that those that were handed over to the Rwandese authorities were killed on arrival, only three individuals from a big list were prosecuted in courts of law and this was because UNHCR was made aware of illegal repatriations. We have agreed to file a Criminal Complaint/Petition after failing to get justice in Uganda for the victims of these abuses, we made effort to file a petition with the Ugandan parliament but threats and an attack was made to members of the community. After the exposure of a credible witness Ali Kabanda who is in contact with us and willing to testify having been a police officer attached to this Unit, government of Uganda through the Military moved to arrest some of the individuals mentioned above and charged them with kidnap in the army court martial this case is destined to fail being that in Uganda police officers can only be charged in a police disciplinary court, already a ruling has been made to this effect. Uganda Police cannot prosecute this matter internally and by the criminal justice system simply because the main suspects are at the high command of police and witnesses are officers of the police force on the run for their safety against members of the same police force. Rwanda has no intention of prosecuting its own criminals and continues to deny any criminal acts even with confessions continuing to come out. This leaves the victims with only the International Criminal Court to bring these abusers to justice. How it all happened and victims involved. According to Kabanda Ali our main witness, selected police officers on the Ugandan side were selected to join missions that involved kidnapping, torturing, killing and repatriating Rwandese refugees and asylum seekers. Kabanda goes ahead to provide specific names and information regards activities of these missions.
The following are individuals involved in these crimes against Humanity; Gen Kale Kayihura (Uganda – Inspector General of Police) Gen Dan Munyuza (Rwanda – Deputy Inspector General of Police) , Col. James Burabyo (military attaché Rwandan Embassy in Uganda) , SCP Anguma Joel (Uganda – Senior Commissioner of Police), ACP Baroza Jonathan (Uganda – Assistant Commissioner of Police), CP Baguma Ismail (Rwanda – Commissioner of Police and Police attaché Rwandan embassy Kampala), SSP Nixon Agasiirwe Karuhanga (Uganda – Senior Superintendent of Police) , ASP Fred Tumuhirwe (Uganda – Assistant Superintendent of Police), Faizal Katende, Wilson Atekateka, Julius Kasinguzi, Fox Kyanda, Abel Kitagenda, Abel Twijukye, Alex Katungi, Rutagungira Rene, Mohamood Matovu.
We have a list of three witnesses to these crimes; Kabanda Ali (former Police officer Uganda), Isa Ainatwe (former Chieftaincy of Military Intelligence Uganda).
We have also gathered a partial list of victims of these Crimes against Humanity; 1) Ntabana Emma who was relative to late Col Patrick was kidnapped on his way to town by Rutagungira Rene and police commanded by IGP Kale Kayihura (Agasirwe Nixon and Aguma Joel) he was killed in Rwanda. 2) Sankara Edward was kidnapped on Kampala road by Ugandan Police and was killed in Rwanda. 3) Munyaruguru Emanuel a Norwegian of Rwandan origin was kidnapped with 10 family members on their way from wedding and all were killed and the group of ten were refugees in Uganda. 4) Mutabazi Joel was kidnapped by Aguma Joel and was handed over to his tormentors Rwandan operatives; he is now on life sentence.10 5) Jackson Kalemera was kidnapped with his brother Lt Joel Mutabazi and was killed in Rwanda. 6) Nyirikwaya Augustine kidnapped on his way to Nakivale and was handed over to Rwandan operatives in Mbarara he was reported dead. 7) Rukundo Olivier was a Spanish national of Rwandan origin was kidnapped on his way from his relatives in kisoro, his serving life sentence in Rwanda. 8) Jerome Ndagijimana was kidnapped from Kyegegwa on his way to Kampala by Ugandan police and Rwandan operatives and he was beheaded. 9) Olivier Sebakara was kidnapped in Mbarara by police in plain handed over to Rwandan operatives and was killed. 10) Pascal Manirakiza kidnapped tried to kill him and dumped him on road but he was needed by police and Rwandan embassy to finish him due to his interview with BBC and VOA. 11) Manzi Mutuyimana was killed after handing him over to Rwandan operatives by Ugandan police. 12) Godroi Ndayambaje was killed in Uganda by Rwandan operatives and Ugandan police. 13) Jean Marie was also kidnapped by Uganda police and handed over to Rwandan government. 14) Charles Ndikuyeze was kidnapped in Kampala by Ugandan police and was handed over to Rwandan operatives he is said to have died as well. 15) Rwamucyo Alphonse was kidnapped in Mbarara and handed over to his tormentors Rwandan operatives 16) Kalisa Innocent was kidnapped by Ugandan Police in Kabalagala on his way to see his sister and was handed over to Rwandan operatives and is serving life sentence. 17) Ingabire Charles was a journalist of inyenyerinews was shot in Kampala by Rutagungira Rene and people were scared to see his body. 18) Niyonzima Eric was gunned by police and Rwandan operative Philemon Ruzibiza. 19) Ndahiro Aloys was killed in Nakivale. 20)Mukangarambe Melanie was shot in Nakivale by police. 21) Nyirakamana Cecilia was killed in Nakivale. 22)Mugenzi was shot in Makindye by Ugandan police with Rutagungira Rene. 23) Mutuyimana Agnes was killed in Kampala. 24) Muhire was shot while trying to jump over the track by Ugandan police in forced repatriation exercise in Nakivale. 25)Mukeshimana was killed in clouds of people who were running out of repatriation exercise in Nakivale. 26)Mukamana and her children were killed also in Nakivale in forced repatriation exercise. 27)Mugisha Silas was shot in Nakivale. 28)Kanamugire Jean Paul was shot in Mbarara. 29) Dusingizima Pacifique was killed, 30)Kimonyo was slaughtered, 31) Hategekiman Jean Marie was killed by UNHCR driver, 32)Rwema Gendarme King was convinced by Kigali to help in fighting Nkurunziza of Burundi and when refused Ugandan police was used to hand him over to Kigali, 33) Ndahiro Bosco 34) Samuel Ntigurirwa. 35)Rukeba Francico 36)Rukundo Jean Marie 37)Mugwiza Theophil was kidnapped in 2012 in Katwe Kampala on her way to buy food. 38)Uwimana Angelique was kidnapped in 2015 from Bukasa Kampala going to school and the father reported to police Activities of the police officers both in Uganda and Rwanda contravenes sections of International law; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Article 3 1. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. Convention relating to the Status of Refugees 1. Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization; Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfill the conditions of paragraph 2 of this section; 2. As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. 13 The Universal Declaration of Human Rights14 Article Everyone has the right to life, liberty and security of person. 1) Article No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 12 Article Everyone has the right to recognition everywhere as a person before the law. 3) Article All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. 4) Article everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. 5) Article No one shall be subjected to arbitrary arrest, detention or exile. 6) Article Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. 7) Article 11. I. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. II. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. 8) Article 14. I. Everyone has the right to seek and to enjoy in other countries asylum from persecution. II. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Belief in teaching, practice, worship and observance. 9) Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. 10) Article Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association.
Our prayers to this honorable court; 1. That the petitioners are availed security and guaranteed that their lives will always be safe in Uganda and in any other country. 2. That this honorable court prosecutes these perpetrators for crimes against Humanity committed. 3. That petitioners are compensated for all sorts of abuse and violations that have been occasioned against them by agents of these two countries. 4. That a permanent injunction is issued restraining the current perpetrators and countries involved from all sorts of abuse against this group. 5. For any other remedies the court deems appropriate.