Justice and Constitutional Affairs Minister Norbert Mao has issued a statement on Edward Ssebuufu aka Eddie Mutwe, suggesting that the bodyguard to main opposition National Unity Platform (NUP) president Robert Kyagulanyi aka Bobi Wine, should be unconditionally released based on a precedent set by court on prosecution of tortured suspects.
Eddie Mutwe was arraigned before a court in Masaka while looking frail and sick. He could not walk by himself. Reporters were locked out of court.
In a May 05 evening statement hours after the arraignment, Minister Norbert Mao noted that Eddie Mutwe, like all suspects, are presumed innocent until proved guilty.
“Bringing illegally detained, brutalized and tortured suspects before the courts of law is an abuse of judicial processes that emanate from the abuse of suspects’ constitutional rights and should be roundly condemned,” wrote Mao.
He dwelt on a ruling by Justice Ralph Ochan which called for a stop on proceedings of suspects whose constitutional rights are violated before their production in courts of law.
Here is Norbert Mao’s full statement which suggests that Eddie Mutwe should be released:
“Following reports that Edward Sebuufu aka Eddie Mutwe, a bodyguard of the NUP leader was produced in a Masaka Court in a visibly weak condition and showing signs of having been tortured, we emphasize that the constitutional presumption of innocence is unequivocal and non-negotiable.
No citizen should be subjected to any punishment unless found guilty after due process in the courts of law.
Bringing illegally detained, brutalized and tortured suspects before the courts of law is an abuse of judicial processes that emanate from the abuse of suspects’ constitutional rights and should be roundly condemned. The courts must act swiftly and handle these matters expeditiously based on precedent.
There are sufficient authorities to guide the courts as they exercise their discretion to deal with torture and other abuses of constitutional rights.
In the case of Uganda vs Robert Ssekabira and 10 others, Justice Ralph Ochan made a landmark ruling when he said: “We cannot stand by and watch prosecutions mounted and conducted in the midst of such flagrant, egregious and mala fide violations of the Constitution and must act to protect the constitutional rights of the petitioners in particular and the citizens of Uganda in general as well as the rule of law in Uganda by ordering all the tainted proceedings against the petitioners to stop forthwith and directing the respective courts to discharge the petitioners.”
The Ministry of Justice and Constitutional Affairs has finalized the National Action Plan for Human Rights which will soon be tabled before Cabinet for approval. In addition Cabinet established a Standing Committee on Human Rights which intervenes through official channels to ensure redress where there’s violation of human rights. The Ministry will soon launch a toll free line for reporting cases of human rights violations.
Finally, let us continue to express, without undue animosity towards those of different political persuasions, our high expectations of all those in positions of authority that they live up to their oath to preserve, protect and defend the Constitution. As Edmund Burke wrote “Law and arbitrary power are in eternal enmity.”
EDDIE MUTWE’S TROUBLES
Last week, first son and CDF Gen Muhoozi Kainerugaba revealed that Eddie Mutwe was in his basement learning Runyankore language. Muhoozi even told Bobi Wine, ‘what will you do about it?’ (See Details Here).
On May 05, Eddie Mutwe was charged with robbery and remanded. (See Details Here).
Eddie Mutwe’s lawyer said he told him that they beat him with electricity wires (solidos) five times a day and squeezed his pr!v@te p@rt$, as reported Here.
Meanwhile, after the first son’s statements, Gen Mugisha Muntu warned Museveni to do something about his son Gen Muhoozi before it is too late. (See Details Here).
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