When sentencing Emmanuel Wilson Abura to 50 years imprisonment on murder charges, the Criminal Division of the High Court Judge Margaret Mutonyi stated that Court has observed that the convict was used his disability as a tool to attract sympathy yet behind his disability is a savagely fierce human being who needs to be kept out of circulation for some time to enable him to reflect on his life as a human being and work on his inner soul.
Abura was convicted for murdering a 9 year innocent girl because of the personal misunderstanding he had with her parents.
Exclusively speaking to theGrapevine, a senior prisons officer revealed that prisoners on remand have developed a favorable scheme in an effort to extricate capital offenders from likely severe sentences.
He narrates that capital offenders on remand have since adopted a strategy of duping courts of law and prompting them to order for the release of the purported complainants.
He added that the remorsefulness culture under the plea bargain process is currently being manipulated by capital offenders especially those who have over stayed on remand because they have mastered the skills of surmounting proportionate sentences to their offences.
“This strategy has been adopted by prisoners and unless courts undertake proactive engagement of prisons administrators, prisoners will continue to utilize the principle of non-interference during trial to evade justice,” he said.
The officer adds, “It is against this background that special acknowledgement is accorded to your effective chain linked criminal justice culture for having sought for investigations before quickly arriving at a conclusion”.
He revealed how Martin Nshimiyimaana a capital offender was released by the High Court at Mubende which based on complaints of torture that sparked an investigation into the alleged torture claims against prison officials at Kitalya prison.
Nshimiyimaana appeared in the media accusing the prison personnel of beating and forcing him into hard labour which weakened his body.
But a February 24, 2024 report indicates that after a comprehensive and thorough investigation, it was established that he was never tortured.
“The deduction from the investigation revealed two critical findings; the complainant’s past underlying backache challenges attributed to an accident he suffered in 2007, long before his admission to prison in 2019. Kitalya Farm prison capital offenders tested propitious scheme by a one Tonny Kiyimba from Masaka High Court,” the report reads in parts.
To the confirmation of Uganda Prisons Service position that Kiyimba had not been tortured, he returned to Masaka Main prison on January 29, 2024 perfectly walking on his two legs after being sentenced to caution on an account of having been tortured.
In a television interview, Kiyimba claimed that he was beaten to the extent of passing out blood from the back side forcing him to use rags to pad himself.
In 2017, Kiyimba was remanded to Masaka Prison on accusations of rape and defilement.
However he said that during his torture, he was made to sleep in water filled cells for two weeks which led to him getting infections.
Kiyimba narrated that in addition to being beaten, he was blocked from seeing his relatives and subjected to other abuses which amounted to torture.
Because of his condition, according to the video, Kiyimba was assisted by prison personnel to the court leading to his release despite pleading guilty to the offences.
When contacted, Frank Baine, the Uganda Prisons Service spokesperson said that while prisons are awash with social media reports, there are facts to the effect that there is no torture.
He suggested that the Justice law and Order Sector partners should not be hoodwinked by mere claims but instead should contact the stakeholders and also carry out fact finding.
“These are emotional set ups targeting those presiding over the cases. They make decisions without consulting us. Those accusations are isolated cases and we have always tried to engage the judicial officers to explain the circumstances but sometimes it is too late to reverse their decisions,” He said.
According to the report, Uganda prisons service remains a fervent promoter of prisoners’ human rights and as a known standard, any errant Prison officer of any category who violates prisoners’ rights is personally held liable.
“The Service has established an effective internal human rights promotion and protection mechanisms such as prisoners’ human rights committees in all prisons, staff human rights committees, human rights awareness campaigns, internal inspections and regular external inspections by Uganda Human Rights Commission (UHRC) and a number of Civil Society Organizations (CSO) have continued to receive our support and cooperation,” the report adds.
By Sengooba Alirabaki
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