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Olivia Lutaaya narrates prison ordeal, confession for freedom

Ms Olivia Lutaaya boards a military van at the General Court Martial in Kampala in October. Ms Lutaaya and 18 other NUP supporters were pardoned by President Museveni on November 22, 2024
 

What you need to know:

  • Ms Olivia Lutaaya, has become the face of 18 other supporters of the Opposition National Unity Platform (NUP) party, who were arrested, charged, and sentenced by the army court for treachery and unlawful possession of explosives.
  • They confessed and were pardoned by President Museveni after nearly four years in jail. In this interview by Peter Serugo, transcribed by Damalie Mukhaye, Ms Lutaaya recounts the ordeal of her arrest and how she was allegedly forced to confess to charges she did not commit in the desperate hope of getting her freedom.

It all started with an unknown morning phone call on May 10, 2021. The caller, with an unknown number, said one of my friends had committed a crime involving theft and that the case was sensitive, and I should rush and meet my friend. They asked for my location and I told them to meet me at Kanyogoga Police Station. When I arrived, I found six men and one woman, who said they would take me to Kampala Central Police Station (CPS).
After ushering me into a nearby vehicle, a Premio, I saw many guns inside.

They said they needed to interrogate me to extract some information because my friend was a thief and they wanted to arrest him.
They took my phone, checked it, and saw his number in my phone because he was a boda boda motorcyclist who used to transport me.

I told them my friend was not a thief because I had known him for a long time.
They then drove me to Makerere University, tied my face with a black cloth and held me there for two hours.
I overheard them say they would take me to Lugazi, but they lied. Instead, they took me to Kololo [one of Kampala’s highend neighbourhoods], where they again detained me.

At Kololo, the plain clothes men confiscated my phone and used it to dial the boda rider’s number only for him to come and get arrested. They also arrested many more of my friends who called my line on learning I had been arrested.

Olivia Lutaaya: A prisoner of conscience or an offender?

Road to Kira police station
From Kololo, they drove me to Kira Division Police Station [in Wakiso District] on the same day. I was held there for one week and four days.
While at Kira, they would pick me up at 4am, take me to Kololo, and back to Kira. From Kira, they relocated me to Kireka Police Station. The man who identified himself as the Officer in Charge (OC) at Kira Road first took my statement and said they were not grave.
While at Kireka,they regularly tested us for Covid-19 as was required during the pandemic.

One day, they brought us a document that included charges of terrorism. I refused to sign it, and they insisted we all sign.
They said we would meet President Museveni, but I told them I only wanted to be released. We refused to sign the document, and one officer warned that if we didn’t fight for ourselves, we would all disappear one by one. They separated me from the others and interrogated me about my political affiliations. They asked who my boss was and accused me of heading the women’s league in NUP. They alleged we wanted to block President Museveni’s swearing-in and accused me of organising placards.

I denied all the allegations, explaining that I saw Gen Nalweyiso unveiling placards but I didn’t know their origin.
They claimed I headed the women in NUP and had a close relationship with Robert Kyagulanyi, alias Bobi Wine, citing his social media post about my arrest. They asked for my name and origin.
When I told them I was Olivia Lutaaya from Kyotera, one officer asked whether I was Geoffrey Lutaaya’s sister.
They demanded the names of those trying to block President Museveni’s swearing-in,but I told them I didn’t know.
I was eventually returned to my colleagues. There were 32 in total.

Days passed and they showed no intention of taking us to court. We shouted at them every day for a week.
After that, they brought two vehicles—drones—and squeezed us all inside, saying they were taking us to court. They drove us to the Makindye Court Martial.

In Makindye army court
Once there, everything changed. They charged us with possessing guns and military clothing. But no police officer had ever searched my home,so I have no idea where they got the guns or uniforms they claimed I had. I was remanded to Kigo Prison on June 8, where I spent about a month before
being transferred to Luzira Prisons. At Luzira, I stayed for another six months without being taken to court.

During the court sessions, I experienced humiliation and shame. I have seen foreigners commit crimes and be granted bail, yet my bail applications were denied five times. Even on the fifth attempt, they refused to grant us bail.
Every time my aunt saw me, she would break down and sob. Our sureties included Members of Parliament, giving my family hope that I would be released, but it was in vain. After failing to secure bail on the fifth attempt, I lost hope of ever leaving prison.
Two years into my imprisonment, I was convicted of treachery. They categorised us based on our cases, and mine was labelled a special case. 

Life in prison
Life in prison was harsh. We slept poorly, with five people sharing one mattress. By 3pm, we would all be required to be locked inside. We had to queue for everything, and the food was terrible—poor quality posho was the standard meal.
Because our case was widely covered in the media,security officers recognized us and often insulted us. They accused us of trying to overthrow President Museveni and mocked us, asking whether Bobi Wine was to rescue us. The conditions became unbearable, but we endured.

Forced to confess
Being the only woman among my colleagues, I was excluded from their meetings to force us to accept the charges in exchange for our freedom. They would update me afterward on what had transpired.

One day, a military lawyer approached me and advised me to accept the offences. I then realised this would be our only chance to leave prison as it had become clear they intended to keep us locked up despite lacking the evidence against us.
At times, they would present bottles in court, claiming they were bombs. It was evident even to them that we had committed no crime.

I won’t delve into many details publicly, but I maintain my innocence.I only accepted the charges because it was the only way to secure my freedom. This has become the norm, where Opposition prisoners are falsely accused of such crimes.
[Youth and Children’s Affairs] Minister Balaam Barugahara visited me at Luzira Women’s Prison a day before we appeared in court. He urged me to accept the charges, warning that my refusal would result in indefinite detention. The following day in court, we knew what was coming, as we had been briefed in advance.

Some of us admitted to the charges, while others did not. They promised those who accepted would not serve the full sentence. They also assured us of jobs, houses, and seed capital upon release. Personally, I didn’t want any of that—I only wanted my freedom so I pleaded guilty.

They indeed kept their promise, and here I am,free and alive. There was no written agreement; everything was verbal. If an agreement exists, let them present it. I made my own decisions as an adult. I was convicted but grateful for the unwavering support of our NUP party president Robert Kyagulanyi,and all NUP supporters. They stood by us, and I returned to find my family and child in good
health. Apart from a minor skin condition I developed during my final days in prison, I am also in good health.

Plea to ULS president
I long to meet the President of the Uganda Law Society to address the plight of women who have been on remand for more than seven years without conviction. These women remain in Luzira Prison and several other prisons, unsure of their fate, and something must be done to ensure they get justice.

I advise my colleagues who are still in prison because they refused to accept the charges to think carefully. They need to understand the political dynamics of this country and make decisions that will help them. Sometimes, accepting the reality of the situation is the only way forward.

Minister’s response
But Mr Barugahara yesterday dismissed the claims by Ms Lutaaya, saying his visit to Luzira Prison was brief and lasted less than 10 minutes.
“I was invited by Lutaaya and 28 others to visit them as the Youth Minister to explore ways of assisting them in securing their release. I went to check on their welfare and nothing more,”he explained.

“It is her word against Balaam’s, and we may never know the full truth. However, in law, when there is no direct evidence and the accounts are contradictory, one must rely on circumstantial evidence to determine credibility. From the circumstances, these are people who were arrested three years ago, forced to drop their lawyers, and suddenly appeared in court to accept charges. Before this, visits by relatives were heavily restricted. They eventually pleaded guilty, were convicted, and then pardoned. Meanwhile, their colleagues who refused to accept the charges have not even been tried. This suggests a pattern that supports the narrative of coercion,” Mr Peter Walubiri, a senior constitutional lawyer, said.


BACKGROUND
President Museveni pardoned 19 NUP party supporters convicted of treachery and unlawful possession of firearms under the Uganda People’s Defence Forces Act and the Firearms Act, Cap 30. They were released from Kitalya government prison in Wakiso District last Friday.

President Museveni’s pardon was granted under Article 121(1)(a) of the 1995 Constitution.
The General Court Martial chaired by Brig Gen Freeman Mugabe on October 23 sentenced the group to five years imprisonment upon their own plea of guilt.
However, upon their sentence, the group showed their dissatisfaction and said they would appeal and also seek the presidential pardon.

Mr Balam Barugahara, the State Minister for Youth and Children’s Affairs, said he wrote to the President one week after their sentencing, requesting a pardon.
Speaking to Daily Monitor on November 22, Mr Barugahara said the majority of those pardoned were youth. He said there were initially 31 NUP supporters involved in the case, with three were granted bail, while 19 pleaded guilty, and the rest sentenced to several months in prison.

But last month, NUP party president, Mr Robert Kyagulanyi, alias Bobi Wine, openly accused Mr Barugahara of visiting the jailed NUP supporters in prison and “pressuring them to plead guilty and seek Museveni’s forgiveness or else never leave prison.”
Bobi Wine has claimed that the youth political prisoners have succumbed to regime coercion and pleaded guilty to crimes they didn’t commit.

But Mr Barugahara said:“After speaking to the President, he accepted and agreed to forgive them.
However, there was a process. You cannot pardon someone who has not accepted their offence or pleaded guilty. These young people were willing to admit to their offences.”
The group was arrested in Kalangala District while on the campaign trail of then-presidential candidate Robert Kyagulanyi,aka Bobi Wine.
 

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