Background Briefing

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Intimidation and Violence by Government and the Ruling Party

As noted above, the Electoral Offences Squad is investigating cases against the ruling party and the opposition.  Allegations against the opposition, in particular the Forum for Democratic Change, range from forging academic papers to incitement to violence and assault.  However, the majority of allegations are against the NRM-O ruling party and state organs.  Investigations by Human Rights Watch discovered other cases as yet not reported to the police, together with gross infractions against the opposition that are beyond the remit of the Electoral Offences Squad.  While the work of the Electoral Offences Squad has been commendable, several of the cases on its books raise serious questions about the impartiality of the Director of Public Prosecutions (DPP), the army and the police.

The Besigye Prosecutions

The most notorious attempt by the government to intimidate the political opposition during the campaign has been the criminal charges brought against the FDC opposition presidential candidate, Dr. Kizza Besigye, in both civil and military courts. The power of the state so brought to bear against the leading opponent to the incumbent president resulted in diverting the attention, resources and time of the opposition from the campaign.

As noted above, Dr. Besigye was the defeated candidate in the 2001 election. After failing to get the results of the 2001 election overturned in the Supreme Court and experiencing police harassment, Dr. Besigye went into exile in South Africa.  The Movement government alleged that while in exile he worked to set up a paramilitary group, the People's Redemption Army, in the Democratic Republic of the Congo, with the support of the Rwandan government.

Dr. Besigye returned to Uganda on October 26, 2005.  Within barely a fortnight, on November 12, he was arrested and charged, with others, with treason relating to his alleged activities in exile, and with rape. He was confined to Luzira Prison in Kampala. His arrest sparked international and national condemnation and provoked protests (including some vandalism) on the streets of Kampala when he appeared in court on November 14.  On that day, security forces used excessive force to disperse protestors, resulting in the death of one opposition supporter and injuries to many others.

On November 22, Internal Affairs Minister Dr. Ruhakana Rugunda announced a ban on all public rallies, demonstrations, assemblies or seminars related to the trial of Dr. Besigye. The following day Information Minister Dr. James Nsaba Buturo banned talk shows and media debates on Besigye’s case, claiming that they might prejudice the trial. 

When it appeared that Besigye and his twenty-two co-defendants in the treason case might be released on bail by the civilian court, the UPDF prosecutor, in an apparent attempt to prevent Besigye’s candidacy, brought terrorism charges against him (and his twenty-two co-defendants in the treason trial) on November 24 in the General Court Martial (GCM).19  These accusations appeared intended at a minimum to keep Dr. Besigye confined for the duration of the campaign.

On November 25 the High Court held a bail hearing for Besigye and fourteen of his twenty-two co-defendants. A group of heavily armed men called the Black Mambas Urban Hit Squad (officially described later as part of the army’s anti-terrorism unit, but reportedly later seen at court in police uniforms) was deployed at the High Court ostensibly ready to detain the defendants as soon as they were free on bail. The defendants, who had been granted bail, decided to remain in Luzira Prison (instead of risking detention by the UPDF). The show of force by the UPDF and other uniformed services prompted condemnation by the Chief Justice and by High Court Judge James Ogoola, who described the incident as “a despicable act” and a “rape of the judiciary.”20  The Constitutional Court ruled on January 31, 2006, that army intimidation of the High Court was “illegal.”21

In the meantime, on November 26, the High Court ordered a stay of proceedings in the court martial pending the review of the court martial’s jurisdiction by the Constitutional Court, where the Ugandan Law Society had brought a public interest petition seeking to strike down jurisdiction of the court martial over civilians in terrorism cases.

In reaction to these events and to dissatisfaction with government actions, several international donors cut aid to the Government of Uganda. On December 20 the United Kingdom diverted £15 million (U.S.$26 million) from direct budget support to the government and reallocated it to the United Nations (U.N.) for its humanitarian operations in northern Uganda.22 Other donors including Sweden, Norway, Ireland, and the Netherlands made similar moves.

On January 2, 2006, however, the High  Court ruled that the stay of proceedings in the court martial was valid, and freed Besigye on bail. In the ruling Judge John Bosco Katusi said, “The applicant has been under illegal detention. He should enjoy his bail as granted by the High Court.”23 Although his co-defendants were also granted bail, they were not freed on bail until early February. 

The government also tried to prevent Besigye from receiving the FDC presidential nomination. In respect of Besigye’s prospective presidential candidacy, the Attorney General wrote to the Electoral Commission on December 7 that Besigye’s candidacy was “tainted with illegalities.”24 Nonetheless, the Electoral Commission cleared Besigye for nomination on December 12, and two days later he was nominated by the FDC as its presidential candidate. 

With Besigye free on bail the trial on the rape charge proceeded, and he appeared in court starting on January 4, 2006. While the judge is yet to issue a ruling, the assessors on February 1 advised the court to dismiss the rape charges against Dr. Besigye.25 Observers noted a lack of credible prosecution witnesses and inconsistencies in the police account. 

The entire proceedings against Besigye severely impinged on the ability of the opposition to conduct its campaign on anything like a level playing field. In a six-week flurry of activity, legal charges, counter-charges, appeals, and dramatic court decisions were extensively reported. Besigye has spent almost as many days in court as on the campaign trail. 

Judicial independence as demonstrated by the Besigye case

The High Court (which is Uganda’s equivalent of a trial court for serious crimes) has been widely applauded in the media and in diplomatic circles for its independence in the midst of many controversial trials.  It allowed Dr. Besigye to be nominated, and freed him on bail to campaign.26

The Ugandan Law Society brought a legal challenge to the General Court Martial terrorism proceedings against Besigye in the Constitutional Court,27 which on January 31, 2006, held that the General Court Martial could not hear and did not have jurisdiction over terrorism cases against civilians, and that Besigye and his co-defendants could not face trial in the Court Martial and the High Court simultaneously.  The court said that the attempt by the army to try Besigye and twenty-two others in the Court Martial was both “illegal and unconstitutional.”28 

The Constitutional Court nevertheless ruled that the GCM could have jurisdiction over civilians where they “aid and abet persons subject to military law to commit a crime.”29 Moreover, the Constitutional Court held by 3 to 2 that the GCM has powers equal to those of the High Court. Justice Laetitia Mukasa Kikonyongo, chair of the Constitutional Court, said in her ruling that the earlier Constitutional Court ruling, Joseph Tumushabe v. Attorney General,30 upholding the supremacy of the High Court, “was wrongly decided. . . .  The General Court Martial is equivalent to the High Court in parallel systems.” The court agreed 3 to 2 with the public argument of the GCM’s president.31

The portion of the ruling relating to GCM jurisdiction over civilians is disturbing insofar as it undermines fundamental constitutional rights to a fair hearing for civilians charged with a criminal offense, and puts a powerful repressive weapon in the hands of the Ugandan army.  The practice of trying civilians before military tribunals raises numerous fair trial issues under international law. The U.N. Human Rights Committee—the body authorized to interpret and monitor compliance with the International Covenant on Civil and Political Rights (ICCPR)—has stated in a General Comment that military courts prosecuting civilians can “present serious problems as far as the equitable, impartial and independent administration of justice is concerned.”  The Committee concluded that the trial of civilians by military courts should be very exceptional and occur only under conditions that genuinely afford full due process.32

Shortly after and apparently emboldened by the ruling, Gen. David Tinyefunza, coordinator of security services and presidential adviser, told a radio show on February 2 that the army would not accept “this business of being ordered by [judges].”33 A political environment where the army sets itself above the law, whether in respect to the civilian population or members of the military, seriously jeopardizes the possibility of free and fair elections.

Other Apparently Politically Motivated Prosecutions

The arrests of two FDC members of parliament, Ronald Reagan Okumu (co-chair of the Forum for Democratic Change) and Michael Ocula, on murder charges together with Stephen Olanya Otim, a locally elected official from Gulu, in April 2005, foreshadowed the later use of criminal charges against Dr. Besigye.34 The two MPs were acquitted, but not until after Besigye’s arrest and release on bail.35

The suspects were remanded in Luzira Prison for two weeks before being released on bail.  Thereafter, until their acquittal, the two members of parliament and the local councilor were required to report twice a month to the police that, according to Okumu, impacted on his work as an MP and on his campaigning.36 

On January 9, 2006, the High Court hearing the murder case against these elected officials, harshly reprimanded the prosecution, holding, “The evidence tendered by the prosecution shows clearly that it is a crude and amateur attempt at creative work.”37 The presiding judge called into question the credibility and motivation of the state in bringing the case: “I must confess that I am surprised that the lady assessor, on the discreditable evidence adduced by the prosecution, could advise me to find the accused guilty. . . .  The prosecution has failed to prove the case.”  He added that the prosecution witnesses were, “men of shoddy character, self-confessed criminals and outright thugs.”38

Another example of abuse of the criminal justice system to harass opposition members is the criminal prosecution of Dr. Besigye's wife, Winnie Byanyima, who is campaigning for the FDC, and FDC party treasurer Jack Sabiiti. The police charged them on January 24, 2006, with giving false information and criminal libel after they wrote privately to Chief Justice Benjamin Odoki asking him to investigate allegations of bribery of High Court Judges by Col. Leo Kyanda, the Chief of Military Intelligence.  The letter was leaked to the press on December 31, 2005. 

On January 17, the day that these two FDC leaders were summoned by the police, President Museveni published an article in the New Vision newspaper saying,

the lies and malicious fabrications should not go unpunished.  I call upon the relevant authorities to investigate whether or not Byanyima and Sabiiti can not be legally punished for uttering such glaring falsehood, which are, no doubt, aimed at arousing disaffection and ill will against the person of the President and the democratically elected Movement government.39 

The Judicial Services Commission is the body established in the Constitution to investigate complaints against judges, but as of January 31 it had not received any request to investigate the bribery case from the Chief Justice or anyone else.40

Threatened prosecutions

In an example of police harassment, Democratic Party youth chairman Mwanga Kivumbi was summoned on January 9, 2006, to police headquarters in Kampala to answer charges of sedition concerning remarks he made in Soroti on December 30, 2005.  He had allegedly said that the NRM-O and the president had lied because of the promises they had made and then broken.  He was released on bond, but required to report each day to police headquarters in Kampala, a condition that disrupted his election campaigning.41 Eventually he ignored the order and carried on campaigning, and the police have not summoned him since. The threat of use of the sedition law to punish accusations that politicians have “lied” is shocking.

Ingrid Turinaawe, FDC chairwoman of Rukungiri, was summoned to the police station there to answer charges of sedition concerning remarks she made on the local radio station, Radio Rukungiri.  She told the police to produce the evidence, a tape of the show, and they said they would get back to her.42 As of this writing, they have failed to do so.

Violence and Intimidation against Opposition Supporters

The Electoral Offences Squad is investigating cases of threats, incitement to violence and assault by members of the NRM-O, or army or state officials against opposition candidates and supporters in Kampala (2 cases), Mubende (1), Nakasongola (1), Rakai (1), Mbarara (1), Kanungu (1), Hoima (6), Kibale (3), Arua (2), Adjumani (1), Nakapiripirit (4), Soroti (4), Kumi (1), Pallisa (2), Mbale (4), Sironko (1), Kapchorwa (2), Tororo (1), Busia (3), Iganga (3), Kitgum (1), and Apac (1).43 

 

As noted above, Human Rights Watch visited districts throughout Uganda and recorded reports of intimidation and violence in all but two of the districts visited (Ntungamo and Kanungu, western Uganda).  Some of the cases investigated by Human Rights Watch are as follows:

On Saturday 4 February, an FDC official, Mr. Mujasi of Sanga in Nyabushozi, Kiruhura district, was waylaid at night in Rwamubuku village on Saturday and beaten to near death. According to the FDC he was beaten by the local NRM chairman accompanied by several Local Defence Unit (LDU militia). On his way to hospital he was then arrested and charged with attempting to steal a motorbike. When HRW spoke to local FDC officials on February 9th he was in a critical condition in police custody.44

 

Several residents of Soroti reported armed men and police guarding NRM-O supporters putting up NRM-O posters and taking down FDC ones at night.45 Armed men in uniform and yellow T-shirts in a government pick-up truck attempted to arrest Munu Patrick after he objected to his neighbor hanging a poster of Museveni over his doorway. Munu Patrick, FDC mobilizing Secretary in Soroti, told Human Rights Watch, “When you put on an FDC T-Shirt you have committed a crime in Soroti.”46

Philip Anyou and James Elese, FDC supporters from Soroti, reported to Human Rights Watch and later to the police that they were beaten by Stephen Omoding, personal political assistant in Soroti to Mike Mukula, the incumbent member of parliament and state minister for health. James Elese said he was beaten in the presence of Mike Mukula on nomination day.  According to Elese, as Mukula’s campaign procession approached the market, Stephen Omoding entered the market and grabbed a boy who was blowing a whistle and started beating him.  Elese intervened and was himself beaten by Omoding and several other NRM-O supporters.  He sustained head and chest injuries, photographed by Human Rights Watch.  A security guard from the bank opposite broke up the mob by firing three shots into the air.47  Despite Elese having reported the assault to the police, no action is known to have been taken as of this writing.

Also in Soroti, local FDC supporter reported being stopped on January 9 by two government politicians, who were in a car.  The first asked her to get in but she refused.  He allegedly told her, “I will deal with you, you are a notorious woman in this area and you decampaign [campaign against] me.”48 The second man expressed his disgust and allegedly said, “It is time for petrol to begin now, it is time for burning people.”  Although the man did not say which “people,” the FDC supporter is afraid and after this and several warnings from friends has tried to keep a low profile.49

In Nebbi in western Uganda, an army major allegedly called the agent of the FDC parliamentary candidate, Otuga Ronald, and warned him not to campaign in the town.50 Also in Nebbi, Issa Olar, FDC secretary for the disabled, said he was threatened by a government official who told him, “If you support FDC, we shall kill you and destroy you.”51 According to the FDC vice-chairman for the district, Ichangon Anjelo Munzjaa, when Museveni visited West Nile Region, army personnel camped outside the FDC Adjuman district offices for three days, which he considered a form of intimidation.52

FDC supporters among the Ugandan Taxi Operators and Drivers Association (UTODA) said they were told in early January by plainclothes government agents to take down FDC posters from their minibuses.  After several threats, one former driver, John, who spoke to Human Rights Watch, was dismissed from the taxi rank on January 14, and forbidden from operating there.  He claimed that the Internal Security Organisation and CMI officers were camped at the UTODA headquarters and were forcing people to take down FDC posters.53  On January 23 UTODA welfare chief Paul Kalegeya made a public announcement banning campaign posters on minibuses.54

As well as directly threatening opposition candidates and members, some government spokespersons have made general threats to the population and NGOs.  For example, Haji Kigongo, NRM national vice-chairman, told a rally in Ntungamo on January 12, that, “only supporters of the Movement will get jobs after the election." This comment was made on the day of the NRM nomination of presidential wife Janet Museveni to stand for election to parliament and reported in the press; Haji Kigongo's statement was condemned in a Monitor editorial of January 18.55 Former Vice President Dr. Speciosa Kazibwe addressing youths in Kayunga on Saturday February 4th made a similar threat.  She told the crowd: “There is no way the government will fund districts whose chairpersons opposes it and fight its programmes.  You must elect NRM candidates as your district chairperson and member of parliament if you want to get a share of the national cake.”56

Allegations against opposition supporters

The majority of allegations about election-related violence and intimidation heard by Human Rights Watch were leveled against the ruling party and state officials.  However, opposition supporters have also caused problems.  The Electoral Offences Squad is investigating cases of incitement, assault and intimidation by opposition supporters in the districts of Kampala (17 cases), Soroti (1), Ntungamo (1), Mbale (4), Busia (6), Iganga (1) and Sironko (1).57 Human Rights Watch did not receive any reports of electoral offences by the opposition that were not being investigated by the police except for a report that people in Atiak internally displaced persons camp (northern Uganda) stoned the car of the incumbent local council chairman of Gulu district, standing on the NRM-O ticket, when he visited the camp in January.58 

Intimidation and Violence against Independent Candidates

Many of the complaints submitted to the Electoral Offences Squad concern the contested NRM-O primary elections on November 30, 2005, following which defeated candidates filed petitions alleging vote rigging and malpractice to the NRM-O, the Electoral Commission and the police.

Some seventy NRM-O members who disputed the results opted to stand as independent candidates in the parliamentary elections, but reported ruling party intimidation and threats to dissuade them from so doing, or in retaliation for criticism.

Stephen Dagada, the incumbent local councilor-5 Chairman of Kayunga district (Central Uganda), complained to the Electoral Commission that on January 13, armed men, some in police uniform, raided a meeting he was holding with his campaign team at the home of his campaign manager.  His car was impounded, his driver and thirteen other people were arrested and three people were injured.59 The Kayunga deputy police commissioner told the press that Dagada was holding an “illegal campaign rally” after the specified deadline of 6:00 pm, and that a file had been forwarded to the Director of Public Prosecutions.

Local Movement and police officials in Mbarara district (southern Uganda) allegedly called independent candidates to a meeting at the Pelican Hotel in Mbarara on Sunday, January 16. The candidates were told to pull out of the contest and warned, “We will use state machinery to make sure you do not get elected.”  According to a candidate present, the police commander said, “If you do not withdraw I am ready to use my officers to deny access to your polling agents at the polling stations.”60

Army Code of Conduct Violated

The UPDF in 2006 seems keen to appear professional, in contrast to its activities in the 2001 elections where the Supreme Court cited evidence that the army had acted illegally in intimidating and arresting and assaulting opposition supporters.61 On December 18, 2005, UPDF Chief of Defence Forces Gen. Aronda Nyakairima and Deputy Inspector General of Police Julius Odwee held a joint press conference to launch their “Code of Conduct for Security Personnel during an Election Process.”62

The code of conduct and relevant legislation are only useful to the extent that they are observed.63 Human Rights Watch received several reports of illegal military involvement in election campaigns from around the country, however.

The Electoral Commission in Iganga (eastern Uganda) is investigating allegations by the incumbent MP, Abdu Katuntu, an FDC member, that serving UPDF officers Maj. Swaliki Kiswiriri and Lt. Surambaya have been campaigning for the NRM-O parliamentary candidate, Deputy National Political Commissar Ali Kirunda Kivejinja.64 Katuntu told Human Rights Watch that soldiers were travelling around Iganga in a vehicle registered to the Movement Secretariat,65 and had beaten two people in Bugala and three in Idudi.66

On February 2, NRM-O supporters and FDC supporters clashed in Iganga town.  According to reports in the media, some NRM-O supporters were armed while the FDC supporters were not.  There were several casualties on both sides.  An NRM-O supporter wearing a yellow NRM T-Shirt in a crowd of other party supporters was pictured in the New Vision newspaper carrying an AK-47, suggesting an improper relationship between the NRM-O party and the security forces in Iganga.67 NRM-O spokesman Ofwono Opondo later confirmed that the men in yellow T-shirts were off-duty Local Defence Units who were also NRM members.68

In East Moyo county, Adjumani (northern Uganda), DEM Group reported that Gen. Moses Ali was campaigning with soldiers during the NRM-O primaries and continuing to do so during the campaign, including on nomination day for parliamentary candidates, January 12, 2006.69

State Minister for Health Mike Mukula reportedly campaigns with the Arrow Boys militia in Soroti (eastern Uganda), which he commands.  He has even been seen campaigning in military uniform despite not being a serving member of the army.70  Such practices increase the identification of the NRM-O with the UPDF, compromise the military’s neutrality, and scare voters.



[19] General Court Martial, case no. UPDF/GMC/075/05 on 24th November 2005 with Terrorism c/s 7(1), (b) and (2)(j) of the Anti-terrorism Act 14 or 2002 and Unlawful Possession of Firearms c/s 3(1), (2)(a) and (b) of the Firearms Act Cap. 299.

[20]  Will Ross, “Museveni: Uganda’s Fallen Angel,” BBC News Online, November 30, 2005, [online] http://news.bbc.co.uk/1/hi/world/africa/4482456.stm.

[21] Constitutional Court Judgment, Petition No.18 of 2005.

[22] U.K. Department for International Development (DFID), Press Release, December 20, 2005. 

[23] BBC Online, 'Museveni Election Rival Released, 2.1.06, available at: http://news.bbc.co.uk/1/hi/world/africa/4574692.stm

[24] Attorney General’s Letter to Electoral Commission, December 7, 2005, on file at Electoral Commission.

[25] Juliet Kasendwa, assessor, said, “I am very much convinced that the present accused retired Colonel Dr. Kiiza Besigye is innocent of the charges of rape,” and Frederick Lubowa, assessor, said, “I am advising this honourable court to acquit him,” quoted in Monitor team, “Besigye wins round one,” Daily Monitor, February 2, 2006.

[26] Opinion of the High Court, Justice John Bosco Katusi, January 2, 2006.

[27] In another demonstration of condemnation of the intimidation of the High Court by the presence of the Black Mambas and other Uganda Peoples’ Defence Force (UPDF, the Ugandan army) and security forces, on November 28 the Ugandan Law Society went on strike for a day.

[28] The majority ruling said, "The GCM was established by Act of Parliament as a disciplinary organ to deal with the Uganda Peoples Defence Forces but not civilians who have committed the offence of terrorism," quoted in Monitor team, "Besigye army trial illegal, court rules." Daily Monitor, February 1, 2006.

[29] Constitutional Court Petition No. 18 of 2005, Uganda Law Society v. Attorney General. 

[30] Constitutional Court Petition No.6 of 2003

[31] On January 17, General Elly Tumwiine, a non-lawyer who is head of the General Court Martial, declared that his court was not subject to the High Court and could try civilians for terrorism: "The Court martial is not subject to the High Court, I repeat, the Court Martial is not subject to the High Court."  Solomon Muyita and Siraje K. Lubwama, "Court Martial Defies High Court," Daily Monitor, January 18, 2006; see also "Uganda: Military must bow to civilian courts," Human Rights Watch Press Release, January 19, 2006, [online] http://hrw.org/doc/?t=africa&c=uganda.    

[32] Human Rights Committee, General Comment 13, Article 14 (Twenty-first session, 1984), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.1 at 14 (1994), para. 4.

[33] KFM Radio (Kampala), Andrew Mwenda Live, February 2, 2006.

[34] According to Okumu, the state took a keen interest in the trial: half the courtroom was always full of military officers and the legal adviser to the President, Mr. Fox Odoi, often accompanied the witnesses to the trial. Human Rights Watch interview with Reagan Okumu MP, Kampala, January 16, 2006.

[35] Solomon Muyita and Lydia Mukisa, “MPs acquitted of murder, Besigye demands probe,” Daily Monitor, January 10, 2005.  

[36] Okumu told Human Rights Watch that the acquitted are seeking damages from the state for trumped-up charges. 

[37] Muyita and Mukisa.  

[38] Hilary Kiirya and Hillary Nsambu, “MPs Okumu, Ocula acquitted, New Vision, January 10,  2006.

[39] President Museveni, "How can FDC say I bribed judges?" New Vision, January 17, 2006.

[40] Human Rights Watch interview with Patrick Musinguzi, Judicial Services Commission, January 31, 2006. 

[41] Human Rights Watch interview with Mwanga Kivumbi, Kampala, January 14, 2006. 

[42] Human Rights Watch interview with Ingrid Turinaawe, January 19, 2006.

[43] Electoral Offences Squad Summary, January 30, 2006. 

[44] Felix Basiime, “FDC man waylaid, beaten into coma,” Daily Monitor, February 6, 2006 and HRW Interview with FDC officials, Kiruhura, by phone 9 February, 2006

[45] Human Rights Watch interviews with Munu Patrick, John Enomu, James Elese and Philip Anyou, Soroti, January 15, 2006. 

[46] Human Rights Watch interview with Munu Patrick, Soroti, January 15, 2006. 

[47] Human Rights Watch interviews with Philiip Anyou and James Elese, Soroti, January 15, 2006.

[48] Human Rights Watch interview with FDC supporter, Soroti, January 15, 2006. 

[49] Ibid.

[50] Human Rights Watch interview with Otuga Ronald, Nebbi, January 19, 2006.  The name of the person who allegedly gave the warning is on file with Human Rights Watch.

[51] Human Rights Watch interview with Issa Olar, Nebbi, January 20, 2006.  The name of the person making the alleged threat is on file with Human Rights Watch.

[52] Human Rights Watch interview with Anjelo Munzjaa, Adjumani, January 18, 2006.

[53] Human Rights Watch interview with John Otim, Kampala, January 23, 2006.

[54] Madinah Tebajjukira, "UTODA bans posters on taxis," New Vision, January 24, 2006.

[55] “Has Kiggongo joined the victimization advocates,” Monitor, January 18, 2006.

[56] “No NRM vote, No funds – Kazibiwe,” Monitor, February 8, 2006.

[57]  Electoral Offences Squad Summary, January 30, 2006.

[58] Human Rights Watch interview with Godfrey Okema, DEM Group, Pabbo Camp, January 21, 2006.

[59] Letter from Stephen Dagada to Electoral Commission, January 14, 2006. Copy on file with HRW

[60] Human Rights Watch interview, identity withheld, Mbarara, January 18, 2006. 

[61] Dr. Kizza Besigye vs. Yoweri Museveni and Electoral Commission, Petition No.1 of 2001. The court ruling

cited one killed and fourteen injured at a FDC rally in Rukungiri on March 3, 2001, and the abduction of Maj. Okwir Rwamboni at Entebbe airport. Justice Odoki in Supreme Court Judgement Petition No.1 of 2001, p.105: “I find that the highest concentration of intimidation, violence and harassment took place in Rukungiri, Kanungu and Kamwenge.  The intimidation interfered with the petitioner's campaigns in those districts.  In Rukungiri and Kanungu it was perpetuated mainly by the PPU [Presidential Protection Unit].  In Kamwenge it was done by UPDF soldiers. . . . On polling day, intimidation consisted of ordering voters to vote for the 1st respondent and harassing petitioner's polling agents.”

[62] Human Rights Watch interview with Lt. Chris Magezi, UPDF Gulu, January 23, 2006. 

[63] The code of conduct bans security personnel from participating in partisan politics, influencing voters or entering polling areas unless requested to do so by the police. Political Parties and Organisations Act, 2005, Section 16 (1):“A member of the Uganda Peoples Defence Forces, the Uganda Prisons Service or public officer or a traditional or cultural leader or a person employed in a company wholly owned by the government shall not -  (a) be a founder, promoter or other member of a political party or organisation; (b) hold office in a political party or organisation (c) speak in public or publish anything involving matters of political party or organisation controversy; or (d) engage in canvassing in support of a political party or organisation or of a candidate standing for public election sponsored by a political party or organisation.”

[64] Joseph Mazige, "Army Officers campaign for Kivejinja - Katuntu," Daily Monitor, January 23, 2006;Summary of Election Offences Reported and Being Handled by Electoral Offences Squad as at January 30, 2006.

[65] Vehicle registration number: UG 107810 B.

[66] Human Rights Watch telephone interview with Abdu Katuntu, January 24, 2006. 

[67] New Vision, February 3, 2006.

[68] “Iganga Gunmen were NRM – Opondo,” Daily Monitor, February 9, 2006

[69] Human Rights Watch interview with George Leru, DEM Group, Adjumani, January 19, 2006. 

[70] Human Rights Watch interview with Munu Patrick and James Elese, Soroti, January 15, 2006. 


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