THE TRUTH! Understanding the Amnesty law Vs DPP withdrawal of charges against Mumbere, subjects
Mumbere after his arrest in 2016
By our reporter
The Director of Public Prosecutions (DPP), Jane Frances Abodo, on Tuesday withdrew all charges against Rwenzururu King Charles Wesley Mumbere and his subjects.
The charges that were withdrawn before the International Crimes Division-ICD Court presided over by Lady Justice Alice Komuhangi Khaukha, include murder, terrorism, treason, malicious damage to property, attempted murder, and aggravated robbery, among others.
Mumbere, more than 200 royal guards, and some kingdom officials were arrested in 2016 after the army raided the Buhikira Royal Palace in Kasese. They have been on trial since then.
On Tuesday, 13 June, when the matter came up for mention about the progress on how the parties have undergone with preparing the trial, Principal State Attorney Lillian Omara informed the Court that the DPP had lost interest in the case and was withdrawing charges against the accused persons.
Omara tendered before the Court the letter withdrawing charges) signed by Abodo confirming the withdrawal of the charges against Mumbere and 218 others.
All charges have been withdrawn against all the suspects except Masereka Kamada and Thembo Kitsumbire, the former Rwenzururu Prime Minister whom the prosecution says will go ahead to prosecute since he refused to apply for amnesty, unlike the bigger group.
The withdrawal of charges follows the amnesty that was granted to the group by the Amnesty Commission after the suspects admitted to having participated in the crimes and also denounced rebellious activities and reconciled with the government.
DOES THIS IMPLY MUMBERE & CO ARE INNOCENT?
No. In April, Mumbere appointed a new 11-member committee chaired by Dr. Nathaniel Mumbere Walemba and deputized by Constantine Bwambale to spearhead the kingdom’s peace talks with the government.
And the question has been should Mumbere and Co be allowed to escape justice for potentially heinous crimes even when it might foster peace, or be prosecuted even at the risk of discouraging reconciliation?
For the sake of peace, the government decided to invoke the amnesty option.
According to the law, this does not exonerate Mumbere and Co of any wrong doing. It instead confirms that they indeed committed those crimes but they are remorseful.
“The DDP is empowered under the constitution to discontinue criminal proceedings instituted by herself against any accused person before the court delivers judgement. So by entering a nolle-Presqui, we are discounting these proceedings against these accused persons. The DPP has acted in accordance with the law. In this particular matter the accused persons applied to the amnesty commission for amnesty and the applications were submitted to the DPP for consideration upon considering them she found that they qualify for amnesty. Therefore, by entering the nolle-Presque she is facilitating the amnesty process,” said Principal State Attorney Lillian Omara.
Uganda enacted the Amnesty Act in 2000, to provide for an amnesty for Ugandans involved in Acts of a warlike nature in various parts of the country and for other related purposes.
The Act which was originally in operation for six months1 declared an amnesty in respect of any Ugandan who at any time since the 26th day of January , 1986 engaged in or was engaging in war or armed rebellion against the government of the Republic of Uganda.
A person in respect of whom the amnesty is granted is not to be prosecuted or subjected to any form of punishment for the participation in the war or rebellion for any crime committed in the cause of the war or armed rebellion.
The act also established an amnesty Commission for purposes of demobilization, reintegration and reconciliation in the areas affected by war.
The Amnesty Act gives power to the army, police, Local government, judiciary and religious leaders to receive reporters91 and to the DPP to investigate a reporter to establish whether or not the offence for which the person is charged is not one for which amnesty has been declared under section (3) of the Amnesty Act.92.
These institutions are strategically placed to play a complimentary role in the promotion of justice and accountability. In practice the Amnesty Commission and the DPP are closely linked in their operations with the police and the Uganda peoples defense forces.
MUMBERE & CO CRIMES
Mumbere was arrested together with royal guards in November 2016 after a joint operation by the army and police led to storming of his Buhikira Palace in Kasese Town in which 136 people were killed. The operation was spearheaded by Gen Elwelu.
Mumbere was later airlifted and detained at Nalufenya police station in Jinja district but was granted bail by the High Court in Jinja. He was barred from traveling to Kasese.
The group of 218 suspects had specifically been implicated in the September 14, 2016 double murder of two Police Constables Saverio Ochema and Simon Peter Apille. They were accused of attempting to murder Detective Police Constables Polycarp Ojoko, Benon Byaki, Francisco Nsimaki, and AIP Denis Ahebwa.
According to the State, Mumbere and his subjects also murdered a Police Constable Godfrey Kasimba on March 24, 2016 who was formally attached to the defunct Field Force Unit.
The prosecution also alleges that Mumbere and his subjects attacked several police establishments and property at Bukara and Nyabutsi villages in July and November 2016.
Prior to the palace attack, security officers alleged that the palace was a training ground for royal guards who planned to destabilize the country. Mumbere had earlier been told to disband the guards in vain.
The attack followed a resurgence in separatist activity by a militia force allegedly supported by Rwenzururu kingdom royal guards fighting to create a new state, the so-called Yiira Republic, astride the border between Uganda and DR Congo.
Under the charge of treason, the prosecution had claimed that Omusinga and group, between March 2016 and November 2016, at diverse places within Kabarole and Kasese districts, contrived a plot to overthrow the government of Uganda as by law established by force of arms, and expressed such a plot by utterances and overt acts such as attacks on various police establishments.
The state alleged that the suspects killed several police officers, robbing them of arms and ammunition, recruited individuals to join in an armed insurrection against the government, provided and participated in military training in preparation for armed insurrection to overthrow the government.
They were also accused of acquiring military-style communication equipment such as walkie-talkies, participation in planning meetings in Uganda and abroad, and attempts to acquire arms and ammunition.
Under the charge of terrorism, prosecution alleged that between March and November 2016, in Kabarole and Kasese districts, the group indiscriminately, without due regard to the safety of others, involved themselves in the murder and attempted murder of police personnel, UPDF personnel, civilians and attacked police establishments.
ICC WON’T PRESS CHARGES ON MUSEVENI, GEN ELWELU
In 2020, the International Criminal Court said the killings that saw over 100 people dead when Uganda military raided the palace of the king of the Rwenzururu, Charles Mumbere, were not crimes against humanity.
The ICC had received a number of complaints and requests to investigate the November 2016 killings with the possibility of charging the perpetrators for crimes against humanity, war crimes and genocide. However, the ICC, after investigations, ruled out pressing on with the charges, saying the armed royal guards invited upon themselves the deaths.
Among people human rights groups wanted charged were President Museveni and Lt Gen Peter Elwelu, who was the commander of the operation.
“The office notes that there were incidents of violence, including violent clashes between the Uganda security forces and militants groups…in the absence of the required intensity and organisation the office has noted that the alleged acts could not be appropriately considered within the framework of article 8 of the statute…the alleged conduct also did not satisfy the contextual elements of the crime of genocide under article 6 of the statute,” the report notes in part.
The report faults royal guards for being armed and said security forces were duty bound to use maximum force.
ICC noted at least 14 police constables who were killed after various police posts were attacked by the royal guards.
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