UGANDA: BESIGYE'S DETAINED BROTHER GRANTED BAIL

UNCLAS SECTION 01 OF 02 KAMPALA 001089 SIPDIS SIPDIS DEPARTMENT PASS TO USAID E.O. 12958: N/A TAGS: MOPS ASEC PINS PHUM UG SUBJECT: UGANDA: BESIGYE'S DETAINED BROTHER GRANTED BAIL REFERENCE: KAMPALA 2110 KAMPALA 0689 KAMPALA 0367 ¶1. Summary. The High Court finally granted bail and release of Joseph Kifefe, Dr. Besigye's brother and an alleged member of the Peoples' Redemption Army (PRA),due to grave illness. The court was satisfied with the medical reports, which provided grounds for bail to be granted. Kifefe had spent more than two years in prison on treason charges despite being granted bail twice by the High Court. The release of Kifefe was received with relief by sectors of the public and some government officials who feared he might die in custody. The High Court, however, refused to hear bail applications on the murder charges against the remaining nine suspects and transferred their cases to the circuit areas under jurisdiction of resident judges in Arua and Bushenyi. End Summary. -------------- Besigye's Brother Finally Gets Bail -------------- ¶2. On June 13, High Court Judge Caroline Okello granted bail to Joseph Musasizi Kifefe, one of the alleged PRA suspects and brother to opposition Forum for Democratic Change (FDC) leader Kizza Besigye. Kifefe is standing trial for treason in Kampala and facing murder charges in Bushenyi District. In her ruling, Justice Okello said she was persuaded by the medical report, which provided grounds to grant the bail application. Justice Okello further observed that the state had not advanced reasons as to why the bail application should not be granted. ¶3. Kifefe's lawyer, Yusuf Nsibambi, applied for bail on grounds that Kifefe could no longer stand prison conditions, having been hospitalized at Mulago Hospital with blood cancer. He told the court that Kifefe's condition required constant medical supervision. In his submissions, Nsibambi argued that bail was a constitutional right. Nsibambi argued that the applicant has a family and home in Kampala, which is within the jurisdiction of the court. He also pointed out that the applicant had submitted substantial sureties. On June 18, Kifefe was discharged from the hospital where he had spent more than a month in critical condition. ¶4. Bail was granted with conditions including: reporting to the High Court Registrar and the officer in charge of Kampala Central Police Station twice a month, an equivalent of $6,000 (not cash) to be paid to the registrar, depositing his passport with the High Court Registrar and he is prohibited from traveling abroad without court permission. He also must provide a third surety to replace the one the High Court rejected on grounds that she was facing charges in the Magistrates' court. -------------- --- DPP Objected To Bail Hearings For Other Suspects -------------- --- ¶5. Simon Byabakama, Deputy Director for Public Prosecution, earlier objected to the hearing of the PRA bail applications, arguing that as court practice, the particular cases did not fall under the jurisdiction of the Kampala High Court. He submitted that the cases should be handled in the circuit areas of Mbarara and Arua, respectively. Byabakama was in agreement that Kifefe suffered grave illness, which implied that he had fulfilled bail requirements under the law. -------------- -------------- Court Transfers Defendants For Bail Hearing to Circuit Courts -------------- -------------- ¶6. Justice Okello ruled that the remaining suspects should be transferred to the circuit areas under jurisdiction of resident judges in Mbarara and Arua, respectively. The detainees did not appear in court although production warrants had been issued. They are facing murder charges in Bushenyi and Arua districts that were placed on them after receiving bail on March first. -------------- Comment -------------- ¶7. Government officials were concerned that if Kifefe died in custody, the GOU would never hear the end of it from international donors and NGOs. This would have been particularly sensitive in advance of CHOEM. The circuit courts are yet to set a date to hear the bail applications of the remaining suspects on the murder charges. The next key date for the alleged PRA suspects is on July ¶16. The constitutional court is supposed to rule on the legality of the March first, court siege by security personnel (reftels),the simultaneous proceedings against the PRA suspects in the General Court Marshall (GCM) and the murder charges. End Comment. BROWNING KAMPALA 00001089 002 OF 002 1