According to the report presented to parliament by the State Minister for Internal Affairs Hon. Obiga Kania, Mityana MP Hon Francis Zaake got involved in scuffles with security agents during detention, was not cooperative, and deliberately injured himself.
The findings in the report show that while Hon. Zaake did not resist arrest at first, he later turned defiant. In one incident, Zaake refused refused to move out of police cells prompting security agents to use pepper spray to force him out, and hitting metallic seats of the police vehicle injuring his arms and legs during transfer to another detention facility.
In another incident, findings of the report show that Zaake used a metallic hook inside an ambulance to injure himself. He also kept hitting himself on metals inside the ambulance hence injuring himself on arms
Analysis of the findings show that it is true Hon Zaake had injuries and bruises by the time he was
received at SID Kireka on 20th April, 2020, and the injuries could be attributed to the scuffle when Hon. Zaake was being removed from the cell of Mityana to Kampala.
The injuries Hon. Zaake claims are proof of touture during detention, are also atributed to another scuffle between the Police and Hon. Zaake while he was being hand cuffed, and when he kept knocking himself against metals of the police pick-up, according to the report.
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A REPORT TO PARLIAMENT BY THE MINISTER OF INTERNAL AFFAIRS ON PRELIMINARY INVESTIGATIONS INTO THE ALLEGATIONS OF ASSAULT AGAINST HON. ZAAKE FRANCIS BUTEBI BY SOME SECURITY OFFICERS
1.0 INTRODUCTION
Rt. Hon. Speaker Reference is made to your instructions on 5/5/2020 to the Minister of Internal Affairs to make a statement on the alleged assault of Hon. Francis Zaake by some security officers.
2.O BACK GROUND.
2.1 On the 19th April, 2020 at around 1500hrs The Regional Police Commander (RPC) SSP Kagarura Bob, upon receiving information that Hon Zaake was distributing food items, and seeing photos on social media platforms, he sent the District Police Commander (DPC) Mityana SP Mwine Mukono to check in the village of Buswabulongo where it is alleged the food items were being distributed. The DPC did not find any food being distributed then and he reported his findings to the RPC.
2.2 At around 1730hrs, the DPC received instructions from the RPC to mobilize manpower and proceed to the residence of Hon. Zaake Francis. The DPC mobilized manpower and proceeded to the residence Hon. Zaake. The DPC was later joined by RPC and six UPDF personnel from the office of RDC. The team arrested Hon. Zaake for undermining Presidential directives on food distribution and was escorted by the RPC to Mityana Police station. He was later transferred to Special Investigations Division (SID). The case was investigated and charges of Disobedience of lawful orders and Negligent acts likely to spread infectious disease.
2.3 However, Hon Zaake was admitted in Iran Uganda Hospital Naguru on allegations that he was tortured during and after arrest. Later he was taken to Mityana court for plea on the sanctioned charges, the magistrate advised that the state should first treat Hon Zaake before plea taking.
3.0 INVESTIGATIONS.
3.1 To establish circumstances that led to the arrest of Hon. Zaake Francis.
3.2 To establish whether Hon. Zaake was tortured during and after the arrest.
3.3 To find out who tortured Hon. Zaake and from where.
3.4 To have the suspects charged to court on evidence.
4.O METHODOLOGY.
4.1 General Inquiries into the allegations were commenced.
4.2 Obtained Hon. Zaake’s statement in presence of his wife (Hon Zaake) Ms Namirembe Bridget, Lawyer David Lewis and Mr Joel Ssenyonyi the People Power spokesperson.
4.3 Interviewed and obtained statements from the RPC Wamala Region, SSP Kagarura Bob, the DPC Mityana SP Mwine Mukono and the police officers that participated in the arrest.
4.4 Obtained statements from suspects who were in cells at the time Hon. Zaake was detained at Mityana police station.
4.5 Obtained statements from the Field Force Unit (FFU) police officers who escorted Hon Zaake from Mityana police station to SID Kireka.
4.6 Obtained statements from D/IP Twesigye Hamdan the investigating officer at SID who interviewed Hon Zaake,
4.7 Obtained a statement from D/ASP Walugembe Musa who received and authorized for the detention of Hon Zaake at SID Kireka.
4.8 Obtained a statement from the Deputy Director SID
4.9 Obtained statements from other police officers at SID who interacted with Hon. Zaake while in detention.
4.10 Retrieved and analyzed a photocopy of the Mityana file on where Hon. Zaake is charged with disobedience of lawfu! orders.
4.11 Analysed the CCW footage of the police vehicles that were sent from Kampala to Mityana to pick Hon. Zaake and analyzed their movement to and from Mityana to Kampala.
4.12 Interviewed and recorded a statement from Dr. Kato Edward a Medical Superintendent from Iran – Uganda Hospita! Naguru who treated Hon Zaake and retrieved a medical report and a referral letter to Nsambya police Hospital.
4.13 Retrieved a Police Form 24 where Hon. Zaake was examined from and the Form was filled by Dr. Nuwamanya.
4.14 Analysed the Station Diary register for SID Kireka to determine the time when Hon. Zaake was received at the station.
4.15 Retrieved and analyzed the Station Diary (SD) and the Lockup register ot Mityana police station to find out the time when Hon. Zaake was detained and when he was booked out for Kampala.
4.16 Requested the Forensic Services Directorate to retrieve and analyse the Facebook page of Hon. Zaake and retrieve pictures, video clips and texts on food distribution.
4.17 Requested the Executive Director of Mulago National Referral Hospital to subject Hon Zaake to a medical examination to determine his health status.
ZAAKE’S STAMENENT
On 4th May 2020, a statement was obtained from Hon. Francis Zaake who was Still in Lubaga Hospital undergoing treatment. He gave a detailed description on Circumstances that led to his arrest:-
He accepted that, he bought food items that included rice, matooke, posho and distributed them to his village mates on l8th and 19th April 2020. He claims that he used boda bodas in food distribution and requested them to take pictures and send them to his facebook page for accountability purposes,
On the 19th April 2020, that at around 1700 hours while he was in a bathroom, he was informed that a group of Police Officers and Army men had evaded his home and were looking for him, He claims that the Regional Police Commander (RPC) and District Police Commander (DPC) found him in the bedroom and arrested him t.
iii. After breaking his bedroom door, he was jacked by his trouser and taken to the waiting Police motor vehicles, He alleges that, Police headed by the RPC searched his house and during the search, they stole Ugx 15,000,000 from his bedroom and a mobile phone of his maid, He claims that during the arrest, Police was filming the event using a cameraman he did not know and encouraged Police to continue filming since he was innocent. He further alleges that, he was put in Police double cabin, the RPC SSP Bob Kagarura and another Police Officer in civilians made him to sit between them and was taken to the Police Station while he was being punched and slapped by the two officers,
vii. He alleges that he was taken to the Police Station Mityana to the office of DPC. The RPC and DPC were joined by army officers and continued beating him using sticks, kicking him and punching him.
viii. He says that after 30 minutes of his torture, he was taken to the cells. Inside the cells he was surprised to find a woman inside the male cell, with a group of about 20 men, He claims that when the suspects saw him, they became very happy and began narrating their problems to him but for him he did not tell them the torture he had received from the DPC’s office, About after 30 minutes, while Hon. Francis Zaake was still in cells he heard many motor vehicles outside the station, he was called by the DPC and told that he was being taken to Kampala.
He protested and also the suspects in cells protested, He claims that, the DPC called army men who came and used two pepper sprays; one was sprayed into his eyes while the other was sprayed on the suspects.
According to him he lost sight due to the pepper spray. At the counter he found other soldiers but specifically he remembers one called Mulungi Haruna Nsamba and heard the RPC telling those soldiers in Lunyankole that “make sure he does not see” implying that they wanted to spoil his eyes. One of the Police Officers came and sprayed two tins of chemicals in his eyes and also tore his shirt.
4 . He claims that, the was put on two pairs of hand cuffs and a rope on both hands and legs, His torn shirt was used to tie his hands, He was then taken to a Police pick-up, his hands were tied on one side of the pick-up and the legs were tied on the other side of the pick-up behind the crew seats and was made to be suspended in space. The motor vehicles were driven to unknown destination while he was being beaten and punched by the people on the pick-up,
After sometime, the motor vehicles reached to a ceftain place which he thought was a Police Station.
xvii. He was untied and he begged for mercy for the person that was untying him. At that time he was being beaten by many officers; one of them told him in Lunyankole “wanyaffip?, wazakunia” meaning you are farting you are going to defecate.
xviii. He was taken to a huge building and he knew it big because of the echo, he was given so many number of strokes on his buttocks and the back.
Afterwards a stick that had something which was piecing was put on his forehead, chest and legs.
xx After that he was taken into cells where he learnt that the place he was in was CMI Mbuya from the inmates he found in cells. Shortly, he removed from cells after another round of torture.
xxi. He claims the officer who interviewed him brought an instrument and pressed his testicles very hard.
xxii. He was put on a pick-up, suspended again upside down and the motor vehicle drove to another destination,
At a place which he later knew that it was Special Investigations Division Kireka, he was poured on something very cold which made his body itching.
xxiv. On 20th April 2020, he claims a male Doctor came and requested to examine him. Hon Francis Zaake refused but he was forcefully injected with substances he did not know.
He also claims that, he was tortured by Detective Inspector of Police Twesigye Hamdan by subjecting him to 30 minutes of torture and 6 hours of rest.
That he was forced to talk to somebody who appeared to be the President of the Republic of Uganda who warned him to go slow. This was through detective Inspector of Police Twesigye Hamdan’s phone.
On 23’d April 2020, he was taken to Iran Uganda Hospital where he was examined on PF 24 and treated for injuries he had.
On 27th April 2020, he was taken to court. But he claims that while in the ambulance he was being touched/harassed by the Police Officers.
Hon. Francis Zaake was given a Police bond on 29th April 2020 at Kirudu Hospital where he had been taken by Police for treatment.
xxx. According to him he is in Lubaga Hospital being treated for the injuries inflicted on him by the Police.
5.1 FINDINGS.
5.1 On 19th April 2020 between 1700hrs and 1800hrs Hon. Zaake Francis was arrested by a combined police force led by the RPC Wamala Region SSP Kagarura Bob and DPC of Mityana Police Station SP Mwine Mukono from his residence at Buswabulongo village, Mityana Municipality in Mityana District on allegations of Disobedience of lawful orders and Negligent acts likely to spread infectious disease.
5.2 The other police officers who participated in the arrest included, D/CID officer ASP Lumago Sam, the OC Station Mityana ASP Magulu Amir, Deputy OC CID DllP Wabwire John Eric, junior ranking officers and detectives from flying squad, all totaling to about 17 in number, and 6 army personnel who were part of Covid 19 defiance enforcement group.
5.3 Hon Zaake states that on 17th and 19th April, 2020, He distributed food and other items to the residents of Buswabulongo and other villages found all in Mityana Municipality. Items distributed included soap, sugar, 6 rice, matoke and maize flour among others. He later took pictures of the items he was distributing and posted them on his Facebook page. This incident has been confirmed by some of the beneficiaries like Kiiza Mike, Nakiboneka Agnes, Otadi Vicent and others.
5.4 On the 19th April 2020 the RPC of Wamala Region obtained intelligence that Hon. Zaake was distributing food items. He instructed the SP Mwine Mukono the DPC Mityana to proceed to the villages of Buyekikumbi and Buswabulonga and find out whether Hon. Zaake was distributing food. The DPC proceeded to the villages but found that the exercise had been completed. He repofted his findings to the RPC, at around 1730hrs. The RPC instructed DPC to mobilize manpower and proceed to the residence of Hon. Zaake which he did.
5.5 They were Iater joined by the RPC and six UPDF soldiers. At Hon. Zaake’s home, the gate was closed and people inside were not willing to open. This prompted the police to jump over the fence and opened the gate for others to enter. At the time, Hon Zaake was in the house allegedly bathing and the wife and other family members were in the compound and in the house.
5.6 “According to Hon Zaake while in the bed room Dan his brother came and informed him that he was needed by police. The RPC broke into his bedroom and pulled him out of his bedroom”. The RPC however states that he met Hon Zaake from the sitting room and informed him that he was under arrest for disobedience of lawfu! orders and Negligent acts likely to spread infectious disease by distributing food to the community against Presidential directives.
5.7 A search was carried out in the house and compound of Hon. Zaake and a tapoline with rice droppings that is suspected to have been used during the packaging process and some kilograms of rice were found in the house.
5.8 A neighbor who had seen the police surrounding the house of Hon Zaake, alerted one Matovu Enock, a journalist with NTV who came and begun filming the whole incident. As Hon. Zaake was being led to the waiting police car, he was filmed by Matovu laughing and saying that it was not an offence to give his people food.
5.9 Hon. Zaake was transported in the RPC’s vehicle UP 4799 seated in the middle of RPC and the Deputy CID Mityana D/IP Wabwire while the DPC 7 t was seated in co-drivers seat. He was detained under SD Ref. t51t910412020 at 1913 hours. At that time Hon. Zaake was dressed in a maroon pull neck T-shirt, a pair of jeans and slippers.
5.10 According to Ssemujju Augustine, Kiiza Mustapher and Wamala Sperito, suspects who were with Hon Zaake in the cells, Hon Zaake, was in a jovial mood and did not have any signs of injuries nor did he tell them that he had been tortured by the police. He only asked their problems and after narrations, he promised to solve their problems since he was now in cells with them. They began to sing People Power songs.
5.11 Hon Zaake claims that he had been beaten by the RPC, DPC and other police officers on the way to the station, and in the office of the DPC before his detention, something the suspects he found in cells did not mention to the investigators. He also claims that he found a female suspect detained in the same cell together with men who were about 23 in number. Otherwise this not true.
5. 12 After Hon Zaake’s arrest and detention, the RPC got intelligence that Hon Zaaket supporters were planning to come and rescue him from cells. The RPC requested the Director Operations for the transfer of Zaake to SID. The RPC was later informed by the Commandant 999 SSP Bamuzibire that he had sent three patrol cars to escort Hon. Zaake to Kampala. He did not specify the place where Hon Zaake was to be taken.
5.13 At around 2200hrs a team of FFU officers led by AIP Masaba arrived and informed the DPC that they were sent to take Hon Zaake to Kampala. After briefing, the DPC and AIP Masaba proceeded to the cells and informed Hon. Zaake to move out because he was to be transferred to Kampala. Hon Zaake together with the suspects protested and Hon Zaake refused to move out. AIP Masaba called some of his personnel to help him remove Hon Zaake forcefully from the cells.
5.14 According to the suspects who were in cells, Hon. Zaake held metallic door of the cells and also placed his leg one side in between the metal bars so that it is difficult for the police to pul! him out. The FFU personnel pulled out Hon Zaake by force from the metallic bars that he had held onto for support. He was taken to the counter and handcuffed but while resisting Hon Zaake alleges that at the time of his removal from cells, the officers sprayed his eyes with pepper spray affecting eye sight, and another tear gas was thrown to the inmates. This was never confirmed by the other suspects in cells.
5.15 According to SP Mwine, Hon Zaake resisted being handcuffed, reasonable force was used to handcuff him and in the process his t-shirt got torn. After the police succeeded in putting on handcuff on one hand, he overpowered them leaving the handcuff dangling in one hand. This prompted them to grab the second hand and fixed a handcuff Hon Zaake was therefore handcuff with two handcuffs but one was only on one hand leaving the other part dangling.
5.16 According to CPL Lomokol Hon Zaake was transported in the 999 vehicle number 23 which he commanded, it was driven by SPC Kafeero and the crew members were Okolis John, Okiror Julius, Ongewun Michael and PC Omagol Nelson. He further stated that Hon, Zaake was shouting and hitting he metallic seats of the 999 using his arms and !egs. According to the DPC, Hon Zaake could not be transported in the RPC’s double cabin because of the violent behavior he had exhibited during boarding him to the vehicle,
5.17 Hon. Zaake however alleged that he was tied both arms and legs, suspended behind the seats of the 999 facing upwards, and the RPC ordered that he (Hon. Zaake) be re-sprayed in the eyes, and was transported to Kampala dangling.
5.18 According to the DPC, Hon. Zaake was transported to Kampala in a convoy of four police vehicles, three 999 and UP 4799. The team delivered Hon Zaake to SID Kireka at 001lhrs.
5.19 According to DPC Hon. Zaake was received at CID at 0011 hours he had two hand cuffs and had bruises bear chest. D/SCP Elly Womanya was briefed by DPC he directed Ms Luky Ocan head of the clinic to have him checked and administer treatment which was done but against the will of Hon Zaake as he says.
5.20 On the 21* April 2020, D/SCP Womanya assigned D/IP Twesigye Hamdan to record a statement from Hon. Zaake. Hon Zaake was taken to the boardroom and when D/IP Twesigye requested to obtain his statement, he refused claiming that he was feeling a lot of pain and said he could not record a statement without his lawyer.
5.21 On 22nd April 2020, Hon Zaake was examined by Dr. Nuwamanya Emmanuel the Deputy Director Police Health Services and later he was escorted by D/IP Twesigye to Iran Uganda Hospital on instructions of 9 dk D/ACP Oketcho Isaac. D/IP Twesigye proceeded to Iran Uganda Hospital with a filled.
5.22 According to the PF 24 examination that was conducted by Dr. Nuwamanya, at Iran Uganda Hospital, it was established that Hon Zaake had blunt injuries. They were on the forehead, earlobes, right and left of the chest, right side flank, right upper arm, right wrist, lower lip, left leg and left leg shin. It was also established from Hon Zaake that the examination was conducted by three doctors, Dr. Kato of Iran hospital, Dr. Ssekitoleko personal doctor to Hon Zaake and Dr. Nuwamanya a Police surgeon, in the presence of Hon. Zaake personal lawyer, Hon. Ssegona. Hon. Zaake complained of chest pain, a broken back and injuries. Iran Uganda Hospita! suggested to carry out an X-ray and scan but Hon. Zaake refused.
5.23 On the 27th April2020 the charges under the Mityana CRB 26812020 had been sanctioned. The Police officers who included D/ACP Oketcho Isaac, DllP Tweisgye Hamdan went to Iran Uganda Hospital to take Hon. Zaake to court in Mityana. At the time Hon Zaake was putting on a vest and boxer. According to Zaake, he was dressed like that because he was feeling hot.
When Hon Zaake Iearnt that he was being taken to court, he refused to dress decently and yet his wife had carried descent clothes to vehicle. At the same time according to Dr. Kato Edward the hospital had also discharged Hon Zaake to see an Ophthalmologist. According to Dr. Kato Edward on, Hon. Zaake was referred at Police Health Centre IV Nsambya for eye checkup. Since throughout his admission he complained his eye being sensitive to Iight.
5.24 Hon Zaake is led to a double cabin pick-up which he rejected. A Police Ambulance was brought he also rejected it until he was forced to sit in it. According to the nurse Ndagire Tatura Hon. Zaake uses the metallic hook in the ambulance to injure himself. Hon. Zaake was transported in the company of his wife and nurse and D/IP Twesigye while he was violent and he kept hitting himself on the metals in the ambulance hence injuring himself on the arms and he requested for painkillers and he was put on painkillers through the drip.
5.25 At Mityana Court compound according to DIIP Twesigye he instructed Hon. Zaake to dress-up for court he refused this was confirmed by the nurse who was in the same ambulance. D/IP Twesigye instructed him to move to court he refused. This prompted D/IP Twesigye to mobilize Personnel who carried Hon. Zaake to the courtroom.
5.26 At court, His Worship Kakooza Erias ordered the State to first treat Hon. Zaake and bring him back for plea. He was later transported in an ambulance provided by his father and was driven back to SID Kireka.
5.27 On the 28th April2020 he was taken to Kiruddu Hospital by SID Officers for treatment as court had ordered .
5.28 On 29th April 2020, the Director Criminal Investigations made a request to Executive Director National Referral Hospital Mulago to carry out medical examination on Hon. Zaake to determine his health status. In letter dated 30th Aprn 2020 Ref ADM.L04l0, the Executive Director informed Director Criminal Investigations that a team of five specialists was constituted comprising of:
i. One Senior consultant Ophthalmologist.
ii. One consultant Trauma Surgeon.
iii. One senior consultant neurosurgeon.
iv. One consultant Cardiothoracic surgeon, and
v. One senior consultant physician to examine Hon. Zaake in the presence Dr. Andrew Ssekitoleko his personal Doctor. Hon. Zaake declined to consent to the examination. This examination should have established the true extent of Hon. Zaakes injuries On 30th April 2020, according to D/IP Twesigye Hon. Mwiru requested for a Police bond for Hon. Zaake. Police granted Hon. Zaake a bond after he accepted to sign on Police bond. He was later transferred from Kiruddu to Lubaga Hospital where his statement was obtained from him on 4th May 2020.
While his statement was being recorded Hon. Zaake had a cervical collar on his neck.
It is yet to be determined whether he has a neck problem or not because he never claimed having a neck problem while at Iran Hospital.
6.0 ANALYSIS OF THE FINDINGS
6.1 It is true that Hon Zaake had injuries and bruises by the time he was received at SID Kireka on 20th April, 2020 at 001lhrs. These injuries could be attributed to:-
i. A scuffle when Hon. Zaake was being removed from the cell of Mityana to Kampala,
ii. There was scuffle between the Police and Hon. Zaake when he being hand cuffed at the counter,
6.2 Hon. Zaake alleges that he was tied behind the pick up while daggling. The CCTV footage of the four Police motor vehicles which were in the convoy from Mityana to SID do not show any object daggling outside the pick-up.
6.3 Allegations that Hon. Zaake was tortured at CMI.
6.4 i. The time of depafture from Mityana Police Station and time of arrival at SID Kireka gives duration of travel of t hour 20 minutes. If Hon. Zaake was taken to CMI and tortured for t hour the time of arrival at SID Kireka would have been more than 0120 hours,
The CCTV time stamps from Bulenga to SID Kireka is consisted with the statement of the DPC on the route they followed From the analysis of the CCTV footage, the vehicles are seen at Bulenga at 23:41:55, at Mulago round about at 23:48hrs, of Kololo at 23:49:53hrs, at Jinja Road near Jinja Road police station at 23:51, at Nakawa traffic lights at 23:53:02, at near the Vatican Embassy, at 23:55:40 and the vehicles are seen entering SID Kireka at 23:58:50hrs. meaning from Bulenga to Mulago they used seven minutes, from Mulago to Kololo they used 53 seconds from Kololo to Jinja Road traffic lights they used two minutes from Jinja Road to Nakawa traffic lights they used two minutes and two seconds, from Nakawa traffic lights to Vatican Embassy they used two minute and 38 seconds, from Vatican to SID Kireka they used 5 minutes and 48 seconds.
The allegation of torture of CMI of 60 minutes doesnt appear within the time stamp.
6.5 Allegation of torture marks all over his body:-
i. PF 24 indicates bruises are the front part of the body from the head to the legs, it does not show similar bruises on the back park of the body yet Hon. Zaake alleges he was tortured the whole body,
ii. The presence of torture marks of the body on the front part and the absence of 60 minutes that Hon. Zaake claims he spent at CMI and bearing in mind that Hon. Zaake had a daggling hand cuffs on his arm, it is probable that Hon. Zaake could have inflicted himself.
iii. According the statement of the car commander, Hon. Zaake kept on knocking himself on the metals of the pick-up. It is probable that these injuries were as a results of the knocking,
6.6 Hon. Zaake indecent appearing in court even though he (Hon. Zaake) refused to dress decently DIIP Twesigye ought not to have carried him to court indecently dressed. This was wrong, The magistrate did the right thing to refuse to take a statement of plea from Hon. Zaake.
7.O OUT STANDING TNQUTRTES.
7.1 To record statement from Zaake’s wife on the allegations of theft of 15 million by the police.
7.2 To record statement from Zaake’s maid on the allegations that her phone was taken by the police.
7.3 To cross check with CMI with a view of establishing whether Zaake was taken there on the night of 19th April, 2020 as he alleges.
7.4 To retrieve phone printouts with a view of establishing the person who talked to D/IP Twesigye whom Hon Zaake claims to be His excellence that wanted to talk to Zaake at one time.
7.5 To retrieve idmission medical report of Hon. Zaake from Lubaga Hospital.
7 .6 To visit the residence of Hon. Zaake to determine if the bedroom door was broken
7.7 There is need to have Hon Zaake subjected to an independent medical examination to determine his health status. Thank you for listening to me.
MINISTER OF STATE INTERNAL AFFAIRS