UGANDA: GOVERNMENT RE-ARRESTS PRA SUSPECTS

UNCLAS SECTION 01 OF 03 KAMPALA 000367

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT PASS TO USAID

E.O. 12958: N/A
TAGS: PHUM PGOV KDEM PINS UG
SUBJECT: UGANDA: GOVERNMENT RE-ARRESTS PRA SUSPECTS

REFERENCE: KAMPALA 2110


1. (SBU) Summary: The Government re-arrested the remaining Peoples
Redemption Army (PRA) suspects, after they were released on bail on
March 1, during a confrontation that turned violent on the premises
of the High Court. Over the past year, the Executive and President
Museveni have defied two court rulings to release the suspects on
bail. The Government's refusal to respect the court orders, and now
the re-arrest, has heated up the political opposition and increased
international attention on the conflict between the Judiciary and
Executive. Principal donor countries and members of the Partners
for Democracy and Governance (PDG) group -which does not include the
U.S.-have initiated joint actions to protest Museveni's
unwillingness to respect "the rule of Law."
End Summary.


2. (U) On March 1, police and prison officials re-arrested the nine
remaining Peoples Redemption Army (PRA) suspects on murder charges
after they were given bail on treason charges, some military or
paramilitary units may also have been involved. Justice Eldad
Mwangutsya, upholding two earlier Constitutional Court decisions,
had referred the suspects to the Court Registrar's office to verify
that they fulfilled the conditions for the bail granted on November
16, 2005. Police and other security officials moved in with force
to prevent the suspects from leaving. Some of the suspects and/or
court attendees were beaten with batons and a defense lawyer was
injured, according to foreign diplomats at the court. During
negotiations with top judicial officials, the police reportedly
agreed not to embarrass the court by re-arresting the PRA suspects
on court premises. However, the police and other security elements
did apparently deploy within the court with batons and dogs and
seized the suspects.


3. (U) Minister of Internal Affairs Ruhakana Rugunda said that the
PRA had been released on bail for the treason charges against them,
and that the Government respected this decision. He then stated
that the PRA suspects were being charged with murder and that these
offenses were different from the treason case. He added that the
police would produce them in court on the new charges.


4. (U) The Deputy Supreme Court Justice Laeticia Kikonyogo
condemned the heavy police and military presence on the premises of
the High Court. Principal Judge James Ogoola said that he was
"concerned for the Court, for liberty in this country, and for the
peace of this country."

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Background
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5. (SBU) Twenty-three individuals alleged to be part of the rebel
group Peoples' Redemption Army (PRA) were arrested in early November
2005 in different parts of Uganda. On November 14, 2005, the
General Court Martial (GCM) charged the suspects with treason along
with the head of Forum for Democratic Change (FDC),Kizza Besigye.
Besiyge was President Museveni's primary rival candidate in the
February 2006 elections. The High Court granted bail to 14 out of
the 22 original suspects on November 16, 2005, but before their
release the military sealed off the court and the suspects were
returned to jail. Eight of the 22 suspects did not apply. Besigye
was granted bail in January 2006 after significant international
pressure. The Uganda Law Society filed a petition in early 2006, in
the Constitutional Court challenging the powers of the General Court
Martial (GCM) to try civilians.


6. (SBU) The Constitutional Court, on January 30, 2006, ruled that
it was unconstitutional for the PRA suspects to be tried in both the
High Court and the GCM. The Court ruled that the GCM had no
jurisdiction over the suspects because they were civilians. In July
2006, the Constitutional Court ruled bail was automatic unless the
state proved serious damage if granted. On January 12, 2007, the
Constitutional Court upheld the High Court granting of bail in
November 2005 and ruled that the PRA treason suspects were being
held unconstitutionally. The court ordered their immediate release.
In rendering its opinion, the Court stated the continued detention
of the suspects infringed on the independence of the judiciary.


7. (SBU) The State appealed the Constitutional Court's ruling on
January 15, 2007. The state argued that all suspects did not have
the right to bail and that bail was not automatic. It was only
granted at the discretion of court. According to the State, this
argument required the overturning of the High Court Ruling. The
Government refused to present the suspects in court on January 25.
The Government argued that the first judge erroneously granted bail
and that two of the PRA suspects who received amnesty claimed the
remaining suspects would return to rebellion if released.


8. (SBU) The suspects appeared in the High Court on January 31,
2007, but were remanded in prison until March 1, after the State
filed a fresh application seeking the cancellation of the bail

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granted to them on November 16, 2005. The court was, however,
unable to hear the application, after each of the suspects demanded
that the matter should only be heard in the presence of their
lawyers, and the lawyers refused to be present in court, claiming
they would be lending credibility to an unconstitutional process.
The defense lawyers wrote to the Principal Judge protesting the
fresh remand orders and jurisdiction of the High Court judge.

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Museveni Justified Detention
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9. (SBU) The Government's continued detention of the PRA suspects
in defiance of court orders has become an increasingly hot issue in
the press and within ruling party circles. On February 5, while
addressing members of the ruling National Resistance Movement (NRM)
caucus, President Museveni felt the need to address the issue.
According to several NRM MP's and the opposition press, Museveni
told the caucus that he would not release the PRA suspects.
According to the press, Museveni told the MPs that "as far as the
government is concerned, the PRA suspects will never be released
because they are still a security threat to this nation." Museveni
warned that if they were released by the court "they shall be
re-arrested." He added saying, "if they want to be free, amnesty
is the only way for them." His remarks received significant press
coverage.


10. (SBU) The Attorney General, Kihiddu Makubuya, was called to
appear before Parliament's Legal and Judicial Affairs Committee, but
refused to discuss the PRA case before consulting with the Cabinet.
He was told to
re-appear before the committee after his consultation. On February
13, Makubuya told committee members that the Government would abide
by the court's decision on March 1.


11. (SBU) The detainees--through their lawyers--say that they have
been under pressure from the government to request amnesty. In
January, three of the original detainees requested amnesty and were
released after filing affidavits admitting guilt and stating that it
was their belief that their co-defendants would continue subversive
activities if released. Three more suspects requested amnesty on
February 10. Opposition figures claim the GOU is trying to force
all the suspects to take amnesty and provide evidence against
Besigye. Another six requested amnesty on February 15. Lawyers for
the accused say that their remaining clients will not seek amnesty
because they would have to admit guilt.

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Judiciary, Rights Groups Condemned Detention
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12. (SBU) Benjamin Odoki, Chief Justice of Uganda's Supreme Court
has warned the government against attempting to achieve results
through unconstitutional means and cautioned that, "if arms of state
continue to undermine each other, the country could return to its
turbulent past." In a similar reaction, James Ogoola, Principal
Judge, said "disregard of the rule of law stifles and suffocates the
creative energy of the nation." On February 7, the Acting Chief
Registrar of the courts, Lawrence Gidudu, issued a press statement
on behalf of the judiciary. It denounced the Executive Branch for
disregarding its duty to execute court orders.


13. (SBU) The Ugandan Human Rights Commission (UHRC),a government
body, condemned the continued detention, stating that the act (or
inaction) by government "constitutes a violation of the right to
personal liberty and demonstrates lack of respect of the authority
of the judiciary as one of the three arms of Government, and
seriously undermines the rule of law and the supremacy of the
Constitution." The Foundation for Human Rights Initiative (FHRI)
said, "the continued denial of the right to bail and the use of
force against individuals seeking to express themselves negate the
principal of democratic governance."

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Opposition Reactions to Continued Detention
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14. (SBU) Opposition MPs walked out of Parliament on January 30,
protesting the continued detention of the PRA suspects and human
rights violations. The opposition returned on February 20, after
making statements that the rule of law must be respected.
On February 5, the largest party, Forum for Democratic Change (FDC),
said it would resort to "other means" to resolve the PRA issue
because the courts had been "castrated." Besigye, also a
co-defendant, stated that there was "a complete breakdown in the
constitutional order in Uganda when the Executive has made judicial
directives impotent. The people of Uganda should know that the
constitutional order has been abrogated." Besigye claims that the
President has personalized the case and would not be deterred from

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his campaign of clamping down on political opposition prior to the
Commonwealth Heads of Government Meeting in November.

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Comment
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15. (SBU) The Executive Branch will likely continue holding the
suspects. It will keep up the pressure to persuade the suspects to
accept amnesty and/or implicate others, particularly Besigye.
Various diplomatic missions have warned the GOU at the highest
levels that the Executive's continued disrespect of the judicial
rulings is undermining rule of law and could have negative
consequences in the future.
BROWNING