UGANDA: HUMAN RIGHTS WATCH AND CIVIL SOCIETY

C O N F I D E N T I A L SECTION 01 OF 02 KAMPALA 001112

SIPDIS

E.O. 12958: DECL: 09/24/2019
TAGS: PHUM PGOV PINS KDEM UG
SUBJECT: UGANDA: HUMAN RIGHTS WATCH AND CIVIL SOCIETY
QUESTION RIOT RESPONSE

REF: A. KAMPALA 01079

B. KAMPALA 01074

Classified By: Pol/Econ Chief Aaron Sampson for
reasons 1.4 (b) and (d).


1. (SBU) Summary: The local representative for Human Rights
Watch (HRW) said the organization will soon release a report
which concludes that Ugandan security forces used
disproportionate force to quell the September 10-12 riots.
The riots left over 20 people dead and more than 100 wounded.
HRW expressed concern over the status and medical condition
of riot suspects, including two dozen charged with terrorism,
a capital offense. HRW's methodology likely overemphasized
security force abuses. We believe there were certainly
instances of excess, but that some security forces also
exercised restraint. End Summary.

--------------
Disproportionate Use of Force
--------------


2. (SBU) On September 22, HRW discussed a forthcoming report
on Kampala's September 10-12 riots, based on direct
observation of the riots and extensive interviews with riot
victims, suspects, observers, and Ugandan government
officials. HRW noted police responsibility to preserve order
and acknowledged that force may be necessary in certain
circumstances but, contrary to government claims, HRW
reported no evidence of rioters using lethal force and only
one instance of a rioter with a fire arm.

--------------
Treatment of Riot Suspects
--------------


3. (SBU) Uganda has charged 24 people suspected of burning
the Nateete police station with terrorism, a capital offense.
HRW said women and others were beaten with canes at the
Nateete market, and alleged that some suspects were beaten
after being arrested and that police in certain neighborhoods
went door to door, pulling people out of their homes to be
beaten and arrested. It criticized the Inspector General of
Police, Maj. Gen. Kale Kayihura, for parading several riot
suspects, some of whom were still bleeding and in need of
medical care, before television cameras, and cited
difficulties locating suspects in police custody. Based on
interviews with police officers and prisoners, HRW accused
the government of trying to confuse family members of those
arrested by transferring suspects from one police station to
another. In many cases, the police themselves were confused
about a particular suspect's whereabouts.


4. (SBU) HRW questioned whether police had sufficient
evidence to charge the several hundred arrested individuals,
and said security forces confiscated video tapes and
photographs from journalists. HRW called on security forces
to release riot footage to the public. HRW noted that few if
any of those arrested have received legal representation,
which is particularly important for those charged with
terrorism. Uganda has never successfully prosecuted a
terrorism case and there are likely no lawyers in country
with experience defending clients accused of terrorist
offenses. The Buganda Kingdom has reportedly created a legal
defense team composed of 15 lawyers to assist those arrested
during the riots, but HRW judges 15 lawyers to be inadequate.

--------------
Media Crackdown
--------------


5. (SBU) HRW joined Article 29 - a local human rights group
named after the article safeguarding freedom of expression in
the Ugandan constitution - in condemning the media crackdown
that accompanied Uganda's riot response. HRW challenged the
government to provide evidence justifying the closing of four
radio stations and confiscation of private radio equipment.
The government promised to provide English language
transcripts of the allegedly offensive broadcasts (ref. A),
but these transcripts have yet to materialize. According to
HRW, the Department of Public Prosecutions has accepted for
prosecution only 10 of the 80 cases forwarded by the Police
Department's Media Offenses Unit since the unit's creation
last year. The failure to prosecute, however, does not
protect journalists from harassment and intimidation by Media
Unit members.

--------------

KAMPALA 00001112 002 OF 002


Comment: Riot Control and Dissent Prevention
--------------


6. (C) The HRW representative acknowledged that the
organization's assessment focused on areas where it believed
disproportionate force was used, highlighting a
methodological flaw that would overemphasize security force
abuses while ignoring areas where security forces responded
appropriately. The report will highlight a growing debate
over the legitimate use of force to quell criminal violence
vs. using it as a means to silence or intimidate government
critics. While there were certainly specific instances of
excess during the September 10-12 riots, security forces
exercised a measure of restraint overall. As sedition
charges pile up against some of Uganda's most thoughtful
journalists (ref. B),the government's use of such charges is
increasingly tenuous.
LANIER