Kakwenza Rukirabashaija,

The East African Court of Justice (EACJ) is a treaty-based judicial body of the East African Community tasked to ensure adherence to law in the interpretation and application of and compliance with the East African Community Treaty of 1999

Kakwenza was arrested two months ago and, as a prisoner of conscience, was allegedly tortured before he fled the country and wound up in Germany as an exile.

On Monday, through his legal team led by Eron Kiiza, Kakwenza took the Uganda government to the East African Court of Justice accusing it of violently arresting him on December, 28, 2021. Kakwenza says the manner of his arrest and his detention without trial violated the spirit and letter of the East African Community Treaty of 1999.

“The applicant’s captors blindfolded him with a thick black like bag and strings pulled and knotted around his neck. They neither identified themselves nor gave the reason for his arrest. His violent, warrantless arrest witnessed by his gateman and members in the neighbourhood was illegal, torturous and contrary to Articles 24, 44 and 23(3) of the Constitution of Uganda, Article 5 of the Charter on Human and People’s Rights and Articles 6, 7 and 8 of the treaty,” the court documents partly read.

Kakwenza alleges that soldiers, belonging to the Special Forces Command military unit, arrested and held him incommunicado for two weeks thereby violating the 48-hour rule.

The said rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period.

By violating this rule, government was in breach of Articles 23(4) (b) of the Constitution of Uganda, Article 6 of the Charter on Human and People’s Rights and Articles 6,7 and 8 of the East African Community Treaty of 1999.

Kakwenza also accuses the Uganda government of sending security personnel to rummage through his Iganga home without a search warrant along with the state’s refusal to release him despite a mandatory order to do so by the Chief Magistrates Court in Makindye.

This, he alleges, was illegal and compromised judicial independence, rule of law, democracy, accountability, transparency and good governance as enshrined in the Constitution of Uganda and the treaty for the formation of the East African Community.

Kakwenza also points out the illegality of his clandestine arraignment before Buganda Road Chief Magistrates Court where he was remanded to prison despite complaining of torture and the violation of his fundamental human rights.

“The applicant prays for a declaration that his detention, a civilian in a military facility is a violation of the principle of accountability, good governance and rule of law guaranteed under Articles 6(d), 7(2),8 and 123(3) of the (East African) treaty,” the court document reads.

Additionally, Kakwenza seeks court orders enforcing compliance with the East African treaty by directing the Ugandan government to discontinue his criminal trial and prosecution.

He also wants the Ugandan government to compensate him for the physical torture visited upon him while in detention. Allied to this, the East African Court should also direct government to pay general and punitive costs to him.

The Attorney General has been listed as the respondent in the case.