Kakwenza Withdraws Torture Case from EACJ

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Kakwenza Withdraws Torture Case from EACJ
Kakwenza Rukirabashaija

The award-winning creative dissenter is understood to be considering taking his torture and abuse case to the UN human rights system after losing faith in the EACJ

Novelist and human rights advocate, Kakwenza Rukirabashaija, has formally withdrawn his case from the East African Court of Justice.

In a brief notice, Mr Kakwenza said: "The Applicant hereby wholly withdraws and/or discontinues the above-described Reference, without leave, in accordance with Rule 61(1)(a) of the East African Court of Justice Rules of Procedure, 2019."

The notice does not give the reasons for the withdrawal but both Kakwenza and his lawyer Eron Kiiza have told the Nile Post that they had lost faith in the regional court after taking way too long to even look at the file.

"Justice delayed is justice denied," Kakwenza said. "It’s been many years since I ran to that court and they’ve never done anything."

In the case, Mr Kakwenza was accusing the Ugandan government of torture and abuse following his arrests in April and September 2020 and again in December 2021.

Mr Kakwenza was first arrested for his highly-acclaimed breakthrough novel, The Greedy Barbarian, which the state alleged depicts the leaders in government.

The winner of the 2023 Václav Havel International Prize for Creative Dissent would follow the first book with a nonfictional piece, Banana Republic: Where Writing is a Crime, which details his torture during the first arrest.

Mr Kakwenza, who was also named the PEN 2021 Pinter International Writer of Courage Award, fled the country in 2022 for exile in Germany where he lives as a guest of PEN International Germany chapter.

On his next court of action after withdrawing the case, Mr Kiiza said his client was not giving up but would consider alternative recourse for justice.

This publication understands Mr Kakwenza, who vowed revenge, is considering the UN.

The UN Human Rights provides support, guidance and expertise to a wide range of human rights monitoring mechanisms in the UN system, all within the framework of international human rights law.

"I’m good at revenge, I believe in revenge," Mr Kakwenza said.

"The law and the available domestic and regional mechanisms hasn’t helped me to achieve justice. So I’ll take issues into my hands—and revenge against my tormentors. I’m warning them so that they must know that I will do anything to get justice."

The case

Mr Kakwenza's works, particularly "The Greedy Barbarian" and "The Banana Republic", critique corruption and governance in Uganda.

He has accused security forces, especially the Special Forces Command (SFC), of conducting a violent raid on his home on December 28, 2021, without a warrant.

He alleges that around 20 armed men stormed his residence, damaging property and detaining him without explanation.

“They broke into my house without a warrant, then beat and blindfolded me,” Kakwenza stated, recounting his ordeal.

He described being taken in a notorious white van, colloquially known as a “drone,” used for alleged regime kidnappings.

Kakwenza detailed abuses he endured during detention, including beatings, sleep deprivation, and other forms of physical and psychological torment.

He directly implicated Lieutenant General Muhoozi Kainerugaba, President Museveni’s son, in his mistreatment.

According to Kakwenza, Muhoozi visited him multiple times, warning him to stop writing critically and speaking to the media.

“My detention was brutal. They wanted to silence me, to erase my words from the world,” Kakwenza declared, maintaining that his detention was part of a wider crackdown on dissent in Uganda.

The government has denied any wrongdoing, calling the detention lawful and necessary for national security.

Following his detention, Kakwenza was charged with “offensive communication” under Uganda’s Computer Misuse Act. However, he contends that these charges were politically motivated.

Despite a court order for his release, he was not freed, revealing alleged irregularities in Uganda's judicial process.

“The court ordered my release, but the government ignored it, proving how judicial orders mean nothing to them,” he said, citing multiple court orders that were flouted.

The decision to withdraw from the East African Court came as a surprise, as Kakwenza had previously sought the regional court's intervention to hold the Ugandan government accountable under East African Community (EAC) law.

However, he has stated that his trust in the judicial system has eroded, prompting his withdrawal.

“They have made a mockery of justice. I sought help from the East African Court, but there’s no justice in sight,” he said.

Human rights advocates have expressed disappointment over the withdrawal, viewing it as a setback in the fight against impunity in Uganda.

Amnesty International and Human Rights Watch have raised concerns about Uganda’s human rights record, particularly regarding its treatment of critics and opposition figures.

“Cases like Kakwenza’s are not isolated. They reflect a pattern of repression that has no place in a democratic society,” a Human Rights Watch representative stated, emphasizing the need for a robust international response.

In February 2022, Rukirabashaija fled Uganda for Europe under circumstances that left many questioning how he managed to travel unchallenged by security and without his passport.

Kakwenza had deposited his passport with Buganda Road Chief Magistrates Court as part of his bail conditions on charges of offensive communication.

Immediately after signing the court documents, new proceedings were instituted at Buganda Road Court to quash his trial and refer his case to the High Court to determine if he was tortured.

Kakwenza’s trouble began on December 28, 2021, when he was arrested from his home in Kisaasi, Kampala, and held incommunicado until January 11, 2022.

Prosecutors alleged that he used his X handle (formerly Twitter) to post tweets about President Museveni and General Muhoozi with no legitimate purpose.

In one tweet, he called the president an election thief, and in another, he called Muhoozi overweight and intellectually bankrupt.

Prosecutors argued that this communication was intended to disturb the peace of the president and his son.

Kakwenza, however, claims he was tortured by the Special Forces Command under General Kainerugaba’s orders, showing visible wounds on his body as evidence.

It remains unclear if Kakwenza was assisted in fleeing the country or created his own escape route.

In the past, several opponents of President Museveni, including Dr. Kiiza Besigye and General David Sejusa, fled Uganda for their safety, though they later returned while Museveni remained president.

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