We stand for Kayihura’s rights he denied others
The former Inspector General of Police, Gen Kale Kahiyura, is today eclipsing a week in military custody without being arraigned in court. The offence(s) are yet to be publicly disclosed.
It is our position that Gen Kayihura’s current predicament should be the North Star to guide decisions by those entrusted to manage State affairs, particularly if pronouncements target real or perceived opponents.
We underline why constitutional protection of our liberties must remain sacrosanct. These fundamental rights are inherent and not granted by the State or any individual.
Article 23 (4) of Uganda’s Constitution, which extensively borrows from progressive international documents and treaties, provides that: “A person arrested, restricted or detained...shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of his or her arrest.”
The framers of our Constitution had the dexterity and wisdom to anticipate that erosion or willful breach of fundamental rights are counterproductive. As argued by 19th Century English historians, an individual’s moral senses diminish when their power increases.
John Emerich Acton aptly captured this duality in his 1887 letter to Bishop Mandell Creighton: “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” Gen Kayihura just three months ago was a “good cadre” and superintended in the police.
He wielded enormous power, police under him brutalised citizens, criminalised political activities of the Opposition, kidnapped and illegally repatriated political exiles to neighbouring countries where some were killed or imprisoned.
Suspects were held incommunicado or tortured in police cells. Some died. Others suffered costly life-time damages.
An omnipotent Kayihura in 2012 proposed that the Constitution be amended to enable the State hold suspects for at least 90 days, instead of 48 hours, before producing them in court. He branded legal limitation on detention period an “extremely irrational law”.
“Should we release dangerous criminals...back into society if they are held beyond 48 hours in order to satisfy the dictates of the law or should we opt to protect society by holding them a little longer to complete investigations?” he asked six years ago. Today, Kayihura is a jailbird. He is desperate for freedom. We reject the chorus of gloat that Gen Kayihura deserves even a longer incarceration.
It is our position that the State should guarantee to him, and his co-accused, the rights they denied others so that we all appreciate why only respect of the rule of law is our collective safeguard.
