Fired Uganda Inspector General of Police, General Kale Kayihura could be in more trouble if a petition to the International Criminal Court (ICC) Prosecutor, Fatou Bensouda is something to go by.
According to a petition seen by this website and signed by a one, Rugema Kayumba representing petitioners who are mainly Rwandese nationals, Kayihura and other police officers are accused of committing crimes against humanity.
“Ms Fatou Bensouda, we the victims of Crimes Against Humanity committed by the above mentioned individuals and many more that will be mentioned in this document approach your office seeking to investigate and prosecute crimes against humanity committed by officials of the Uganda Police Force and the Rwandese Authorities,” the petition reads in part.
It adds, “This petition is brought the ICC on its merits being that crimes like Murder, Deportation or forcible transfer of population, Torture and Enforced disappearance of persons are within the definition of Crimes against Humanity which are triable by the ICC.”
On Sunday, Kayihura was knifed from his position as police chief in changes that saw the country’s security minister, Henry Tumukune fired.
The petitioners claim that, “Between 2010 and 2017 Rwandan authorities procured services of members of the Uganda police force to forcefully repatriate Rwandese Refugees, Ugandans of Rwandese origin and Congolese of Rwandese Origin. Selected Uganda police Officers were offered 5000 USD for each individual repatriated; a witness testified to us that some of these victims who resisted where executed within Uganda.”
READ THE FULL PETITION BELOW
The International Criminal Court
Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
Attention: Ms Fatou Bensouda
RE: Criminal Complaint/Petition into Crimes Against Humanity committed by General Kale Kayihura, Gen Dan Munyuza, Col. James Burabyo, SCP Anguma Joel, ACP Baroza Jonathan, CP Baguma Ismail, SSP Nixon Agasiirwe Karuhanga, ASP Fred Tumuhirwe.
Ms Fatou Bensouda, we the victims of Crimes Against Humanity committed by the above mentioned individuals and many more that will be mentioned in this document approach your office seeking to investigate and prosecute crimes against humanity committed by officials of the Uganda Police Force and the Rwandese Authorities.
Jurisdiction of this Criminal Complaint/Petition
This complaint/petition is filed in the ICC for its merits being that crimes committed fall under the
definition of Crimes against Humanity:
“‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
- Murder;
- Extermination;
- Enslavement;
- Deportation or forcible transfer of population;
- Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- Torture;
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
- Enforced disappearance of persons;
- The crime of apartheid;
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”
1 This petition is brought the ICC on its merits being that crimes like Murder, Deportation or forcible transfer of population, Torture and Enforced disappearance of persons are within the definition of Crimes against Humanity which are triable by the ICC.
The fact that individuals suspected to have committed these crimes originate from two countries Uganda and Rwanda and are high ranking police officials entrusted with protecting and enforcing the law and a fact that there is no political will to give justice to victims by both these governments further qualifies the case to the ICC.
The Complaint
Between 2010 and 2017 Rwandan authorities procured services of members of the Uganda police force to forcefully repatriate Rwandese Refugees , Ugandans of Rwandese origin and Congolese of Rwandese Origin. Selected Uganda police Officers were offered 5000 USD for each individual repatriated, a witness testified to us that some of these victims who resisted where executed3 within Uganda4
,
1 http://www.un.org/en/genocideprevention/crimes-against-humanity.html
2 http://www.omaha.com/news/hutu-refugees-fear-forced-return-to-rwanda/article_1a2b6775-98fe-5927-
88f3-cea2ce081e8f.html
3 http://www.bbc.com/news/world-africa-16012659
4 https://www.hrw.org/news/2010/07/17/uganda/rwanda-halt-forced-returns-refugees
Our investigations show that those that were handed over to the Rwandese authorities were killed
on arrival, only three individuals from a big list were prosecuted in courts of law and this was
because UNHCR was made aware of illegal repatriations.
5
We have agreed to file a Criminal Complaint/Petition after failing to get justice in Uganda for the
victims of these abuses, we made effort to file a petition with the Ugandan parliament but threats
and an attack was made to members of the community.6 After the exposure of a credible witness
Ali Kabanda7 who is in contact with us and willing to testify having been a police officer attached
to this Unit, government of Uganda through the Military moved to arrest some of the individuals
mentioned above and charged them with kidnap8
in the army court martial this case is destined to
fail being that in Uganda police officers can only be charged in a police disciplinary court, already
a ruling has been made to this effect.9 Uganda Police cannot prosecute this matter internally and
by the criminal justice system simply because the main suspects are at the high command of police
and witnesses are officers of the police force on the run for their safety against members of the
same police force.
Rwanda has no intention of prosecuting it’s own criminals and continues to deny any criminal acts
even with confessions continuing to come out.
This leave the victims with only the International Criminal Court to bring these abusers to justice.
How it all happened and victims involved.
According to Kabanda Ali our main witness, selected police officers on the Ugandan side were
selected to join missions that involved kidnapping, torturing, killing and repatriating Rwandese
refugees and asylum seekers. Kabanda goes ahead to provide specific names and information
regards activities of these missions.
5
6 https://ugandaradionetwork.com/story/mystery-surrounds-failed-refugees-petition-to-parliament
7 http://edge.ug/2017/07/08/kayihura-wants-to-kill-me-to-cover-his-evil-deeds-spc-writes-to-museveni/
8 https://www.newvision.co.ug/new_vision/news/1464580/cmi-arrested-police-commanders
9 http://observer.ug/news/headlines/56922-high-court-awards-shs-200m-to-police-commander-aguma.html
The following are individuals involved in these crimes against Humanity;
- Gen Kale Kayihura (Uganda – Inspector General of Police)
- Gen Dan Munyuza (Rwanda – Deputy Inspector General of Police)
- Col. James Burabyo (military attaché Rwandan Embassy in Uganda)
- SCP Anguma Joel (Uganda – Senior Commissioner of Police)
- ACP Baroza Jonathan (Uganda – Assistant Commissioner of Police)
- CP Baguma Ismail (Rwanda – Commissioner of Police and Police attaché Rwandan embassy
Kampala)
- SSP Nixon Agasiirwe Karuhanga (Uganda – Senior Superintendent of Police)
- ASP Fred Tumuhirwe (Uganda – Assistant Superintendent of Police)
- Faizal Katende
- Wilson Atekateka
- Julius Kasinguzi
- Fox Kyanda
- Abel Kitagenda
- Abel Twijukye
- Alex Katungi.
- Rutagungira Rene
- Mohamood Matovu
We have a list of three witnesses to these crimes;
- Kabanda Ali (former Police officer Uganda)
- Isa Ainatwe (former Chieftaincy of Military Intelligence Uganda)
- Victims
We have also gathered a partial list of victims of these Crimes against Humanity;
1) Ntabana Emma was relative to late Col Patrick was kidnapped on his way to town by
Rutagungira Rene and police commanded by IGP Kale Kayihura (Agasirwe Nixon and Aguma
Joel) he was killed in Rwanda.
2) Sankara Eduard was kidnapped on Kampala road by Ugandan Police and was killed in Rwanda.
3) Munyaruguru Emanuel a Norwegian of Rwandan origin was kidnapped with 10 family
members on their way from wedding and all were killed and the group of ten was refugees in
Uganda.
4) Mutabazi Joel was kidnapped by Aguma Joel and was handed over to his tormentors Rwandan
operatives; he is now on life sentence.10
5) Jackson Kalemera was kidnapped with his brother Lt Joel Mutabazi and was killed in Rwanda.
6) Nyirikwaya Augustine kidnapped on his way to Nakivale and was handed over to Rwandan
operatives in Mbarara he was reported dead.
7) Rukundo Olivier was a Spanish national of Rwandan origin was kidnapped on his way from
his relatives in kisoro, his serving life sentence in Rwanda.11
8) Jerome Ndagijimana was kidnapped from Kyegegwa on his way to Kampala by Ugandan
police and Rwandan operatives and he was beheaded.
9) Olivier Sebakara was kidnapped in Mbarara by police in plain handed over to Rwandan
operatives and was killed.
10) Pascal Manirakiza kidnapped tried to kill him and dumped him on road but he was needed by
police and Rwandan embassy to finish him due to his interview with BBC and VOA.
11) Manzi Mutuyimana was killed after handing him over to Rwandan operatives by Ugandan
police.
12) Godroi Ndayambaje was killed in Uganda by Rwandan operatives and Ugandan police.
13) Jean Marie was also kidnapped by Uganda police and handed over to Rwandan government.
14) Charles Ndikuyeze was kidnapped in Kampala by Ugandan police and was handed over to
Rwandan operatives he is said to have died as well.
15) Rwamucyo Alphonse was kidnapped in Mbarara and handed over to his tormentors Rwandan
operatives.
10 https://www.news24.com/Africa/News/rwandan-refugee-in-uganda-kidnapped-in-capital-officials-20170810-2
11 http://mobile.monitor.co.ug/News/Story-behind-CMI-arrest-police-officers/2466686-4187226-format-xhtml3grca1z/index.html
16) Kalisa Innocent was kidnapped by Ugandan Police in Kabaragala on his way to see his sister
and was handed over to Rwandan operatives and is serving life sentence.
17) Ingabire Charles was a journalist of inyenyerinews was shoot in Kampala by Rutagungira Rene
and people were scared to see his body.
18) Niyonzima Eric was gunned by police and Rwandan operative Philemon Ruzibiza.
19) Ndahiro Aloys was killed in Nakivale.
20)Mukangarambe Melanie was shoot in Nakivale by police.
21) Nyirakamana Cecilia was killed in Nakivale.
22)Mugenzi was shoot in Makindi by Ugandan police with Rutagungira Rene.
23)Mutuyimana Agnes was killed in Kampala.
24)Muhire was shoot while trying to jump over the track by Ugandan police in forced
repatriation exercise in Nakivale.
25)Mukeshimana was killed in clouds of people who were running out of repatriation exercise in
Nakivale.
26)Mukamana and her children were killed also in Nakivale forced repatriation exercise.
27)Mugisha Silas was shoot in nakivale.
28)Kanamugire Jean Paul was shoot in mbarara.
29) Dusingizima Pacifique was killed
30)Kimonyo was slaughtered
31) Hategekiman Jean Marie was killed by Unhcr driver
32)Rwema Gendarme King was convinced by Kigali to help in fighting nkurunziza of Burundi
and when refused Ugandan police was used to hand him over to Kigali.
33) Ndahiro Bosco
34) Samuel Ntigurirwa.
35)Rukeba Francico
36)Rukundo Jean Marie
37)Mugwiza Theophil was kidnapped in 2012 in Katwe Kampala on her way to buy food.
38)Uwimana Angelique was kidnapped in 2015 from Bukasa Kampala going to school and the
father reported to police
Activities of the police officers both in Uganda and Rwanda contravenes sections of International
law;
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
Article 3
- No State Party shall expel, return (“refouler”) or extradite a person to another State where
there are substantial grounds for believing that he would be in danger of being subjected
to torture.
12
Convention relating to the Status of Refugees
- Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928
or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14
September 1939 or the Constitution of the International Refugee Organization;
Decisions of non-eligibility taken by the International Refugee Organization during the
period of its activities shall not prevent the status of refugee being accorded to persons who
fulfil the conditions of paragraph 2 of this section;
- As a result of events occurring before 1 January 1951 and owing to well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his nationality and is unable or, owing
to such fear, is unwilling to avail himself of the protection of that country; or who, not
having a nationality and being outside the country of his former habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return to it.
13
The Universal Declaration of Human Rights14
Article
Everyone has the right to life, liberty and security of person.
1) Article
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
12 http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
13 http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfRefugees.aspx
14 http://www.un.org/en/universal-declaration-human-rights/index.html
2) Article
Everyone has the right to recognition everywhere as a person before the law.
3) Article
All are equal before the law and are entitled without any discrimination to equal protection
of the law. All are entitled to equal protection against any discrimination in violation of
this Declaration and against any incitement to such discrimination.
4) Article
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
5) Article
No one shall be subjected to arbitrary arrest, detention or exile.
6) Article
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
7) Article 11.
- Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
- No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was committed.
8) Article 14.
- Everyone has the right to seek and to enjoy in other countries asylum from persecution.
- This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical
crimes or from acts contrary to the purposes and principles of the United
Nations. belief in teaching, practice, worship and observance.
9) Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
10) Article
Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Our prayers to this honorable court;
- That the petitioners are availed security and guaranteed that their lives will always be safe
in Uganda and in any other country.
- That this honorable court prosecutes these perpetrators for crimes against Humanity
committed.
- That petitioners are compensated for all sorts of abuse and violations that have been
occasioned against them by agents of these two countries.
- That a permanent injunction is issued restraining the current perpetrators and countries
involved from all sorts of abuse against this group.
- For any other remedies the court deems appropriate .
Rugema Kayumba
Signed for and on behalf of the Petitioners
Petitioners can be reached on
Email: rugekayu2013@gmail.com
Phone Numbers: +4793999896
Contact Person: Rugema Kayumba
