Mar 24, 2011

UGANDAN POLICE CONCLUDE KATO MURDER INVESTIGATION: In a ¨excellent development¨ the case has been moved to the Uganda High Court

David Kato, LGBTI Activist/Uganda
¨The murder case of late gay rights activist David Kato has been transferred to the Ugandan high court during the third hearing on 17 March 2011, at the Grade II Magistrate court in Mukono, however the actual date for the next hearing is yet to be announced.

Frank Mugisha, Director for Sexual Minorities Uganda (SMUG) told Behind the Mask that the accused was brought to court for the hearing and that since police seemed to have finished the investigations they asked the court to forward the murder case to the high court and the magistrate approved.

Mugisha said that once again the court room was filled with activists who came to support and journalists.

He also explained that the accused was handed a “document with charges of murder” and was asked to find a lawyer or ask the government to give a lawyer, however the accused didn’t say anything and was further remanded in custody.

During the last court appearance in the case of the Republic of Uganda vs. Nsubuga Sydney Alias Enoch, the case was mentioned in court and adjourned without a hearing for further investigation. The first and second court appearances were held on 17 February and 3 March 2011 respectively.

Ongoing Questions About the Murder Investigation

Human Rights Watch released a report this week documenting the torture, forced confessions and killings by the Kampala-based Rapid Response Unit (RRU), the very unit that located and interrogated the suspects in the murder of David Kato.

The unit's mandate is to investigate violent crime...Human Rights Watch also found that the unit routinely uses torture to extract confessions. Sixty of 77 interviewees who had been arrested by RRU told Human Rights Watch that they had been severely beaten at some point during their detention and interrogations. In 2010, at least two people died of injuries from beatings during interrogations, and four people were shot and killed in the course of an arrest...Several former detainees told Human Rights Watch that RRU personnel forced them to sign statements under duress, while the detainees were being beaten or threatened with further violence.

We know that MP David Bahati, author of the Anti-Homosexuality Bill of 2009 about to be considered by Uganda's Parliament, and the supporters of the bill, Pastor Martin Ssempa, Giles Muhame and Scott Lively, provided motives for David Kato's murder to the world press five days before the arrest and interrogation of the prime suspect. The motives prefigure the confession of Enoch Sydney Nsubuga almost exactly.

In a 9 February 2011 editorial in The Monitor, Ugandan journalist Charles Onyango-Obbo wrote:

So, here comes the hard part. It is possible Kato was murdered by the anti-gay brigade. The Uganda Police is not famous for its great investigative skills, so any time they quickly parade suspects who confess to a crime, the public has every right to be suspicious that the whole show has been fixed.

In a similar vein, blogger Gay Uganda has consistently questioned the Kato murder investigation in the context of the Rapid Response Unit. He wrote today about the Human Rights Watch report:

This is common knowledge in Uganda. The beatings, the torture, the confessions. This is why I doubted the 'confession' of David Kato Kisule's purported murderer. I don't know whether he killed him or not. And, I don't know whether I can trust the police on a high profile case like David's murder became. Not with such outside pressure and interest...The people who do these things, the numerous security agencies that do these, are effectively immune.

The European Parliament has called on Ugandan authorities to investigate individuals who publicly called for the killing of David Kato:

Calls on the Ugandan authorities to carry out an in-depth and impartial investigation into the killing and bring the perpetrators to justice, and to do so in respect of any act of persecution, discrimination and violence against LGBT people and all other minority groups; calls on the Ugandan authorities to investigate individuals who publicly called for the killing of David Kato, as well as their organisations, role and funding.

The Uganda High Court

With the police investigation concluded, it is an excellent development that the case has been moved to the Uganda High Court which recently issued a permanent injunction against the Rolling Stone for publishing David Kato's picture under the caption "Hang Them."

Perhaps the Uganda High Court can sort through the evidence in an unbiased way so that David Kato receives justice. ¨ please read it all
HERE

¨Torture, Beatings, Confessions, Courtesy of Uganda Police...

This is common knowledge in Uganda. The beatings, the torture, the confessions.

This is why I doubted the 'confession' of David Kato Kisule's purported murderer. I dont know whether he killed him or not. And, I dont know whether I can trust the police on a high profile case like David's murder became. Not with such outside pressure and interest.

Here is the article,from the New York Times and a large excerpt. Rights Group Accuses Ugandan Police of Torture and Killings..¨ please read it all HERE

Prayers ascending for Justice for David Kato and all the ¨kuchus¨ in Uganda

·  Thanks to African Activist, sidebar
·  Thanks to Gay Uganda, sidebar
·  Thanks to Frank Mugisha, Director for Sexual Minorities Uganda (SMUG)
·  Thanks to Behind the Mask, sidebar
·  Thanks to The New York Times

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