By Godwin Abedican

Arua

On June 8, 2018, dark clouds covered Arua Municipality, West Nile and the country at large, after news broke that, Arua Municipality Member of parliament, Rt. Col. Ibrahim Abiriga was assassinated together with his body guard by unknown assailants on a motorbike in a shooting incident near his home in Matugga, Wakiso district.

The late Ibrahim Abiriga was laid to rest amidst sorrow and grief by his relatives and members of the public from the region and his constituency.
After his burial, as it happens under every circumstance of such a nature, he needed to be replaced, hence the Late Ibrahim Abiriga would soon be a former Member of Parliament as his position was declared vacant.

A Press release by Uganda Electoral Commission dated June 28, 2018, therefore gave a lee way for nomination of candidates that was to take place for 2 days, on Thursday 19, July and Friday 20, July 2018, to replace the slain Member of Parliament.

The nomination attracted a total of 12 contestants including Wadri Kasiano Ezati, the eventual winner(independent), Nusura Tiperu (NRM), Ejiku Robert (independent), Musema Mudathir Bruce (FDC), Atima Jackson Lee Buti (independent), Anguandia Jershem Moses Sunday (independent), Alekua Ja’Afar (Justice Forum), Avutia Simon (independent), Nyakuni Alfred (independent), Madira Kennedy (Democratic Party) and Bavuga Saffi Aganasi (independent) in a hotly contested trail of campaigns described by many as bloody.

Subsequently the Electoral commission gave a time period of 22 days that ran from July 23 to August 13, 2018, for the campaign meetings and public rallies with restrictions that, these were to be conducted between 7 Am and 6 Pm, before the by-elections that were scheduled for Wednesday August 15, 2018, to be conducted at 65 polling stations across the then Arua Municipality (now city).

Soon after that, the campaign trails started with all those who got nominated traversing different parts of the municipality votes.

However, before the elections could come to light, on the last day of the campaigns which was August 13, 2018, a scuffle is alleged to have erupted between the two camps of Wadri Kasiano Ezati and the NRM candidate Nusra Tiperu, after they met at the junction to Ediofe, following the closure of the rallies that were taking place at Prison cell for Wadri Kasiano and Arua hill grounds for Nusura Tiperu, in which president Museveni had pitched camp at Arua hill with other NRM supporters to canvass votes for the NRM candidate.

TWIST OF EVENTS

In this scuffle it is alleged that a group of supporters of Wadri Kasiano Ezati, attacked the NRM supporters and smashed the rear screen of President Yoweri Kaguta Museveni’s bullet proof car.

Subsequently arrests were made and now some of those arrested and later released on bail are living lives of pains after claims of torture allegedly by security operatives following their arrests.  
  
In this investigative piece, we dive into the life and the quest for justice for the victims of the 2018 bye-election torture and alleged treason case. This story brings to light the gross human rights abuses and violations through torture faced by the suspects arrested and allegedly tortured in 2018 in Arua during the lead up to the Member of Parliament by-elections.

LIFE OF PAIN AND REGRETS FOR VICTIMS

A case study in this story is Atiku Shaban, 54 years, one of the suspects in this case who gives painful revelations of what he went through and is still going through following the alleged torture.

A boda-boda ride to Atiku’s home in Paranga clan, Mbenjo village in Terego district in this investigation reveals the pain and sorrow of a family that sees itself torn apart with no hope of regaining its former glory.

Welcomed by the tears of one of his daughters, it is visible that all the households who once relied on the earnings and strength of their father, face the brutal hands of hunger, school dropouts, untreated sicknesses and lack of help.

Narrating the family ordeal in tears, one of Atiku’s daughters, Medina Shaban recounts that, ever since the unfortunate occurrence to their father, life has turned their eyes towards seeing horrors of life they never imagined. 

“As we live in our home now, there is no school fees, no food, even mere soap we can’t afford. Dad has been bed ridden since then, not doing anything to earn money and yet we have nothing to eat.  Sometimes we spend 3 to 4 days without food. If our mother doesn’t go out to look for something to do as a casual laborer, we just stay like that. What happened to my dad forced me to get married. I dropped out of school while in primary 5 and got married at 19 years. Since I was young, I couldn’t sustain my marriage. Things were hard. I separated with my husband and came home with a child who needs feeding, treatment and clothes. All these have been on my father. Currently, if we don’t go out to look for casual works to do, it is hell for us. We starve,” Medina explained during an interview.

Similarly, Amaniyo Zumurati, a daughter to Atiku says, with what happened to him, they are gravely affected by all the occurrences to their family head.
“The good deeds that our father has been doing for the family was so immense. Everything has now become hard for us. When he was working, he was doing everything for us. Right now, we have forgotten about diet because we now eat green vegetables from Monday to Monday, moreover just boiled with water and salt. We have been forced to comb the village looking for casual works in which we are paid four thousand shillings (4000shs) per day. If you manage getting an opportunity to be hired, that day at least you will be able to get something to eat. When it comes to sicknesses, there is absolutely nothing we are able to do. One goes to the government health facilities, there are no drugs and the only option is for us to treat children and ourselves using herbs such as Aloe vera, Neem tree leaves and roots, mango roots and avocado seeds among others because we don’t have money to buy medicine from drug shops. Things are hard, very hard. There is absolutely no one who has rendered us help. People come here with intentions of helping our father but nothing comes to us. It’s like some people are using his situation as an opportunity to get benefits. Much as there is an accusation against my dad, all I wish for is he should be helped together with the family because things are turning from bad to worse for us as a family,” Amaniyo pleaded.

In an interview with Atiku, one of the victims of the alleged torture, he says they were innocently brutally beaten and no one has been held responsible for all that they went through. “I don’t know what exactly happened, but all I can remember is, after our arrest we were taken to Arua Central Police Station and reaching 1:00am, we were made to board the police truck while cuffed in twos while 33 in number. As we were boarding, we didn’t know where we were going. By 6:00am, we realized we had reached Gulu. And on reaching there until, that time we didn’t know what happened and why we were arrested. While there the only thing was command by the soldiers for us to squat down, sit down and be cuffed and put in the cells,” Atiku narrated.

“A stone carried by 33 people! a mere stone carried by 33 people to throw the president’s car, where do others hold to lift the stone,” he questioned.

Sharing his experience while in the cell Atiku says that, he could not contain the situation due to the beatings and ended up collapsing while in the cells. “The cell room in which we were locked was very small to accommodate us. That was where we faced real torture. You cannot sit-down, you cannot stand up. Others keep standing others lie down. When you are tired of lying down, you get up and tell your colleague to also lie down as you stand. This happened from the time we arrived until 12:00am and due to lack of air circulation, I fainted because of overcrowding since I couldn’t breathe,” he recalled.

“From then I was taken to Gulu regional referral hospital and after reaching the hospital, I saw the worst. There were 9 soldiers with me inside and 20 others outside. My broken arm was locked on the bed and the other injured arm had the cannula connected on drip for my treatment. I slept hungry until morning and when those who were in police custody were taken to the court was when they came to unlock me. Thinking I was being taken for X-ray, I was instead taken directly to the court. While there, the judge started quarrelling with the security personnel as to why they had taken me to the court in that condition after the torture to that level. When they were asked to take me back but refused. We had back and forth disagreements until midnight. The only first aid that I was given was testing HIV/AIDS. This was done for 4 days. Later I was taken for X-ray. The doctor at the hospital told us that if the state tortures someone to that level they are not allowed to tell exactly the findings on a patient because, if it so happens, the health worker is held responsible for tarnishing the image of the state.”
Atiku, now confined to a wheelchair can barely move on his own without clutches after being beaten by the security operatives.

“They started beating me all over the body and any part. There were very many soldiers on me. We took with them around one hour as they were beating me. And they beat me thoroughly. I promise, if there is a ministry that I could join in this country, I would like to join the ministry of torture and arrests because I have done the training now,” Atiku said painfully.

UNSUCCESSFUL TREATMENT PLANS
With pain becoming his daily bread, Atiku was subjected to several treatments at different hospitals evidenced by the medical forms from, Mulago, Kirudu, Mengo and Aga Khan among others, until it reached a level where he cannot be supported to continue with treatment. Currently he bares pain with either minimum or no treatment.

“I was taken to Nsambya hospital and done MRN check. After that, I was taken to Nairobi and when we reached, the doctor openly told me that, my situation is now complicated because I had overstayed for a period of 18 months and I will not get back to my normal state. He said that, it was a permanent injury,” he said.

The pain of seeing what he has been reduced to is too much for Atiku to take. His hopes in life seem to be fast fading. Atiku now lives a life mixed with curses over his life and wishes of death.

“My weight when I was not in this state, I was weighing 102Kgs.  And after the torture and injuries now I weigh 43Kgs. How much weight have I lost since then? It is better for me to die and leave these children behind me. That could be better because currently I cannot stand, I cannot move, I cannot do anything. My back cannot work, sometimes I experience leaking urine without even noticing. I have been confined to moving only between the bed and the wheel chair. This is for over 5 years now, just in this state. I am just surviving due to God’s mercy. I am still in a lot of pains and a lot of injuries. Especially my back bone. My spinal cord still disturbs me. The doctors told me to avoid overthinking otherwise, I am bound to develop other complications. But sincerely as a human being, with a family, seeing your children and family members suffering, sitting without clothing, sleeping, children being home without schooling and family members falling sick without treatment, how can one avoid thinking in such scenarios? It’s not possible, he said while narrating his ordeal.

“Currently, I don’t have anyone to sponsor, no way and this is how my situation is now. When you listen to me on phone you think you are listening to someone who is healthy. Recently I got another injury in which a broke my leg due to the weakness of the boy. This is now serious on me. I have sold everything I had in my home. Currently, I am only left with my kids and my dog which dog I cannot sell to feed my children because no one is willing to buy. This is our situation. I am not happy of my body, I am not happy of myself, sometimes I think it is better if I die. My memories are really challenging me,” he wished.

OTHER VICTIMS

Atiku’s story is not different from that of Asara Knight, also a victim and suspect in this case. Having undergone numerous stages of treatments from different hospitals after humiliation and a torture by the Ugandan Military and Police, Asara believes the charges of treason on them were uncalled for and needed to be withdrawn.

“The people of Arua refused to go and listen to Museveni. The crowd was not there he was only addressing the young children and a few NRM supporters. This is what annoyed them. It was shameful to them. This government is running crazy, how can you begin charging a poor woman like me Asara of treason when even I don’t have guns, not even a pistol, not anything, a woman who doesn’t even put on trousers. You are charging me of treason? Then the government doesn’t know what to do for this country because I don’t believe in the charges. We did not even see the convoy of president Museveni. Not even the type of clothes Museveni was wearing that time, not even the type of vehicle in which president Museveni was. We did not even know what exactly happened. Truly I will die with that one statement until my last day. For us our rally was successful. Unfortunately, we are suffering,” Asara Said.

With the memories of torture still fresh in their minds, Hon. Wadri Kasiano Ezati, the eventual winner of the by elections also one of the victims maintains that the state should do all within the law and its power to ensure they get justice. “This business of keeping us in the limbo, you are moving on the streets people see you as a treason suspect, I think that is what is really paining me. I want to be tried and you don’t want to try me. This is what really pains me.  My appeal is to the powers that be, I want to be tried. If you don’t want to try me, lose interest in the case,” Wadri appealed.

Slowly, ever since the events occurred, the hopes of one day getting justice keep fading every minute by minute.

LAWYERS VIEWS
Nicholas Opio, a human rights lawyer working with chapter 4 Uganda, a civil rights organization one of the lawyers who represented the victims of the 2018 Arua incident before Gulu high court and before the general court martial in the 4^th division explained that the delays in the trial of this case is exceedingly raising human right concerns.

“There are civil remedies to abuse of court processes. In theory a person who had been subjected to that kind of prosecution can sue the state for malicious prosecution, for the abuse of rights to fair trial and for the abuse of rights to liberty. But often times, people do not. Because on many occasions if you are on bail or court bond, it involves reporting several times. Those are expenses incurred and time lost. In fact, it extends beyond the state. I therefore say that, officers of government including investigators and prosecutors who bring this kind of cases can be subjecting themselves to a legal challenge for abuse of process and abuse of office. Because, if you can demonstrate that their actions were actions in bad faith, actions that from the very beginning were instituted not for a legitimate but for a purpose that was otherwise unlawful, so you can pursue them as individuals for abuse of process. But it initiates a question of, “Are the people who have gone through that inconveniency willing to confront the state and challenge the state for what they have gone through?” Most people don’t want to do that and that’s why nobody has challenged the state and sought remedy,” Opio noted.

Six years down the road and justice for the victims still in thin air, the victims through their lawyers are now demanding to be heard.

Renato Kania an advocate of the high court who represented Kasiano Wadri and the team in the court while perusing this case, insists that, the demands of his clients need to be heard as given the provisions of the law the law. “My clients’ instructions to me have been from day one and continue to be that, if there are charges against them, let them be prosecuted. This is their appeal which they have voiced from day one. If there is no evidence, then state should exercise humility and withdraw. And nobody will question their competencies if they do. Because they will be doing the right thing,” Kania mentioned in an interview.

STATE RESPONDS

Jacqueline Akol Okui, the Public Relations Officer (PRO) of the office of the Director of Public Prosecutions in Uganda believes all Hope is not yet gone, but one day the victims will receive justice.   “We committed the case to the high court for trial and we are waiting for a hearing date to be fixed so that we can prosecute the matter to its logical conclusion,” she said.

Whatever occasioned the delays for the victims to receive justice six years down the road might have kept any wondering.

James Ereemye Jumire Mawanda the Public relations officer (PRO) for the Judiciary confirmed during an interview at the judiciary headquarters that there have been interventions that can eventually help in getting this matter handled by court. “We have a lot of backlog, we have had issues to do with man power, but I am glad to say that now we have two resident judges in Gulu and I am sure under case management, that case will be of course listed and the matter will be handled,” Ereemye confirmed.

This may seem as good news providing rays of hope for the victims, but living to this commitment is what they shall continue to wait for.

                                                                                                                                                                      The writer is a Radio Pacis journalist
                                                                                                                                                                      abedicangodwingodi@gmail.com