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DETENTION WITHOUT TRIAL IS BACK!

Written by  Jun 21, 2018

KAMPALA businessman Simpson Birungi, the CEO of Movit Products Ltd is still being held incommunicado in ungazetted safe house despite a court directive to release him unconditionally.

Birungi, commonly known as ‘Movit’ was on June 7 arrested by unidentified armed men before being detained a suspected safe house in Kyengera allegedly run by the Internal Security Organization (ISO).  It is alleged that   Birungi was arrested by ISO operatives as he left CID Headquarters to respond to bond conditions after an earlier arrest by police over murder allegations.

Like any other Ugandan, Birungi is not above the law, however that does not give ISO, and other security organs a blank cheque to flagrantly violet his basic human rights by especially denying him access to his family and counsel.{googleads right}

If there is any case labelled against Birungi, it’s only proper to align him in the court of law to read him the charges, lest we assume Uganda is back to the dark ages of detention without trial.

Birungi’s family on June 11, 2018 through lawyers from Nyanzi, Kiboneka and Mbabazi advocates petitioned the High Court civil division court seeking for orders of a habeas corpus against the ISO Director General, Inspector General of Police, the Chieftaincy of Military Intelligence and the Attorney General to have Birungi produced in court dead or alive.

His wife Sheila Kyokusiima, told court that  Birungi, a an investor whose company ‘Movit’ employs more than 2300 Ugandans,  had been detained in a safe house in Kyengera, Wakiso district and that he had been denied his personal liberty contrary to article 23 of the Constitution.{googleads right}

“In absence of the Attorney General of Director General of ISO to explain the detention beyond 48 hours, and in a place not authorized by this court, in exercise of its discretion orders that the person restrained be released from the illegal detention in accordance with rule 6 of the judicature rules, “Justice Ssekaana ordered.
In his ruling on Tuesday, Justice Ssekaana noted that Birungi is detained at Kyengera, a place which is not known to be a gazette place authorized by law under article 23(2) of the constitution for such a purpose before ordering for his immediate release.

“The law gives powers to this court in exercise of its discretion to make an order that the person restrained be released from the illegal detention in accordance with rule 6 of the judicature (Habeas Corpus) Rules,” Justice Ssekaana ruled.

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